Fla. Admin. Code Ann. R. 60CC-1.101 - Employee Organization Membership Authorization Form

(1) For purposes of prescribing the membership authorization form required by Section 447.301(1), F.S., as amended by Chapter 2023-35, Section 1, L.O.F., the terms not defined in this rule have the same meaning as in Part II, Chapter 447, F.S. This rule defines the following terms:

(a) "Employee" means a "public employee" as defined in Section 447.203(3), F.S. who desires to be a member of an employee organization that is either:

1. Certified to represent a bargaining unit that includes the public employee, or

2. Seeking to become a certified bargaining agent for a prospective bargaining unit that includes the public employee.

(b) "Class title" means the classification applicable to the employee used in the bargaining unit definition in the most recent Certification Order of the Commission.

(c) "Class code" means the code, if any, assigned by the employer to the employee's classification. If there is no class code, the completed form must so indicate.

(d) "Allowances" means regular compensation to an officer or employee of the organization to cover expenses related to service to the organization.

(e) "Other direct or indirect disbursements" means all other amounts paid to the organization's officer or employee, including reimbursed expenses, from the organization and any other employee organization affiliated with it, or with which it is affiliated, or which is affiliated with the same national or international employee organization, pursuant to Section 447.305(2)(c), F.S.

(f) "Employee Organization Membership Authorization Form" is the form prescribed in subsection (2).

(g) "Agency" means the "employing agency" as defined in Section 110.107, F.S., if the public employee is a state employee. If the public employee is employed directly by an agency of a political subdivision, "agency" means such agency, if different from the "employer" as defined herein.

(2) The membership authorization form required by Section 447.301(1), F.S., as amended by Chapter 2023-35, Section 1, L.O.F., is prescribed and designated the Employee Organization Membership Authorization Form, including instructions, PERC Form No. 2023-1.101, Effective July 1, 2023, which is hereby adopted and incorporated by reference: https://flrules.org/Gateway/reference.asp?No=Ref-15424.

(3) For purposes of the Employee Organization Membership Authorization Form, when organization dues are paid weekly, bi-weekly, or annually rather than monthly, reporting the actual amount and frequency of payment is deemed to be a disclosure of the monthly amount. The actual amount and frequency are determined as of the date the employee completes the membership authorization form.

(4) The Employee Organization, Registration Number, Date of Latest Registration Renewal, and Employee Organization Compensation Information portions of the Employee Organization Membership Authorization Form should accurately reflect the information on the organization's most recent registration or renewal application. If that application does not list the compensation information for five or more officers and employees, only those listed, if any, should be included.

(5) An employee organization registered pursuant to Section 447.305, F.S., or any person assisting the employee may accurately complete any information other than the Signature of Employee and Date of Signature on an Employee Organization Membership Authorization Form and may make such partially completed forms available to public employees who desire to be a member of the organization. To be valid:

(a) All portions of the form must be completed; and

(b) The employee must personally sign the form and complete the Date of Signature.

(6) The completed form must be delivered to the employee organization identified on the form.

(7) Pursuant to the requirements of Chapter 2023-35, Section 1, L.O.F., this rule is effective July 1, 2023.

Notes

Fla. Admin. Code Ann. R. 60CC-1.101

Rulemaking Authority Ch. 2023-35(1) Laws of Florida, 447.207(1) FS. Law Implemented Ch. 2023-35(1) Laws of Florida.

Adopted by Florida Register Volume 49, Number 138, July 18, 2023 effective 7/1/2023.

New 7-1-23.