Bill Text: FL H1021 | 2011 | Regular Session | Comm Sub

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Bill Title: Labor and Employment

Sponsorship: Partisan Bill (Republican 6)

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1021 Detail]

Download: Florida-2011-H1021-Comm_Sub.html

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CS/HB 1021

1	A bill to be entitled
2	An act relating to labor and employment; amending s.
3	110.114, F.S.; prohibiting a state agency from deducting
4	from employee wages the dues, uniform assessments, fines,
5	penalties, or special assessments of an employee
6	organization or contributions made for purposes of
7	political activity; amending s. 112.171, F.S.; prohibiting
8	a county, municipality, or other local governmental entity
9	from deducting from employee wages the dues, uniform
10	assessments, fines, penalties, or special assessments of
11	an employee organization or contributions made for
12	purposes of political activity; creating s. 447.18, F.S.;
13	prohibiting labor organizations from using dues, uniform
14	assessments, fines, penalties, or special assessments to
15	make political contributions or expenditures without an
16	employee's written authorization; providing for a refund
17	to employees who have not given a written authorization in
18	certain situations; requiring that the labor organization
19	provide notice of such contributions and expenditures;
20	prohibiting a labor organization from requiring an
21	employee to authorize the collection of funds for
22	political contributions and expenditures as a condition of
23	membership in the organization; amending s. 447.303, F.S.;
24	prohibiting a public employer from deducting or collecting
25	from employee wages the dues, uniform assessments, fines,
26	penalties, or special assessments of an employee
27	organization; amending s. 447.507, F.S., relating to
28	violation of the strike prohibition; conforming provisions
29	to changes made by the act; providing for severability;
30	providing application; providing an effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Subsections (1) and (3) of section 110.114,
35	Florida Statutes, are amended to read:
36	110.114  Employee wage deductions.-
37	(1)  The state or any of its departments, bureaus,
38	commissions, and officers are authorized and permitted, with the
39	concurrence of the Department of Financial Services, to make
40	deductions from the salary or wage of any employee or employees
41	in such amount as shall be authorized and requested by such
42	employee or employees and for such purpose as shall be
43	authorized and requested by such employee or employees and shall
44	pay such sums so deducted as directed by such employee or
45	employees. The concurrence of the Department of Financial
46	Services shall not be required for the deduction of a certified
47	bargaining agent's membership dues deductions pursuant to s.
48	447.303 or any deductions authorized by a collective bargaining
49	agreement.
50	(3)  Notwithstanding the provisions of subsections (1) and
51	(2), deductions may not be made for the deduction of an
52	employee's membership dues, uniform assessments, fines,
53	penalties, or special assessments of deductions as defined in s.
54	447.203(15) for an employee organization, and deductions may not
55	be made for purposes of political activity, including
56	contributions to a candidate, political party, political
57	committee, committee of continuous existence, electioneering
58	communications organization, or organization exempt from
59	taxation under s. 501(c)(4) or s. 527 of the Internal Revenue
60	Code as defined in s. 447.203(11) shall be authorized or
61	permitted only for an organization that has been certified as
62	the exclusive bargaining agent pursuant to chapter 447 for a
63	unit of state employees in which the employee is included. Such
64	deductions shall be subject to the provisions of s. 447.303.
65	Section 2.  Subsection (1) of section 112.171, Florida
66	Statutes, is amended to read:
67	112.171  Employee wage deductions.-
68	(1)  The counties, municipalities, and special districts of
69	the state and the departments, agencies, bureaus, commissions,
70	and officers thereof are authorized and permitted in their sole
71	discretion to make deductions from the salary or wage of any
72	employee or employees in such amount as shall be authorized and
73	requested by such employee or employees and for such purpose as
74	shall be authorized and requested by such employee or employees
75	and shall pay such sums so deducted as directed by such employee
76	or employees. However, deductions may not be made for the dues,
77	uniform assessments, fines, penalties, or special assessments of
78	an employee organization, and deductions may not be made for
79	purposes of political activity, including contributions to a
80	candidate, political party, political committee, committee of
81	continuous existence, electioneering communications
82	organization, or organization exempt from taxation under s.
83	501(c)(4) or s. 527 of the Internal Revenue Code.
84	Section 3.  Section 447.18, Florida Statutes, is created to
85	read:
86	447.18  Written authorization required to expend certain
87	employee dues, assessments, fines, or penalties.-
88	(1)  A labor organization may not use dues, uniform
89	assessments, fines, penalties, or special assessments paid by an
90	employee to make contributions or expenditures, as defined in s.
91	106.011, without the express written authorization of the
92	employee. The written authorization must be executed by the
93	employee separately for each fiscal year of the labor
94	organization and shall be accompanied by a detailed account,
95	provided by the labor organization, of all contributions and
96	expenditures made by the labor organization in the preceding 24
97	months. The labor organization shall estimate its expected
98	contributions and expenditures for the fiscal year and shall
99	reduce the amount collected during the fiscal year from each
100	employee who has not executed a written authorization. If the
101	actual contributions and expenditures of the labor organization
102	exceed its estimated contributions and expenditures, the labor
103	organization shall provide a refund at the end of the fiscal
104	year to each employee who has not executed a written
105	authorization.
106	(2)  The employee may revoke the authorization described in
107	subsection (1) at any time. If an employee revokes the
108	authorization, the employee is entitled to a pro rata reduction
109	of such dues, uniform assessments, fines, penalties, or special
110	assessments for the remainder of the fiscal year of the labor
111	organization. The amount of the reduction shall be based on the
112	proportion of the contributions and expenditures, as defined in
113	s. 106.011, in relation to the total annual contributions and
114	expenditures of the labor organization for the preceding fiscal
115	year.
116	(3)  A labor organization may not require an employee to
117	provide the authorization described in subsection (1) as a
118	condition of membership in the labor organization.
119	Section 4.  Section 447.303, Florida Statutes, is amended
120	to read:
121	447.303  Dues; Deduction and collection of dues or uniform
122	assessments prohibited.-A public employer may not deduct or
123	collect the dues, uniform assessments, fines, penalties, or
124	special assessments of an employee organization from the
125	compensation of any person employed by the public employer. Any
126	employee organization which has been certified as a bargaining
127	agent shall have the right to have its dues and uniform
128	assessments deducted and collected by the employer from the
129	salaries of those employees who authorize the deduction of said
130	dues and uniform assessments. However, such authorization is
131	revocable at the employee's request upon 30 days' written notice
132	to the employer and employee organization. Said deductions shall
133	commence upon the bargaining agent's written request to the
134	employer. Reasonable costs to the employer of said deductions
135	shall be a proper subject of collective bargaining. Such right
136	to deduction, unless revoked pursuant to s. 447.507, shall be in
137	force for so long as the employee organization remains the
138	certified bargaining agent for the employees in the unit. The
139	public employer is expressly prohibited from any involvement in
140	the collection of fines, penalties, or special assessments.
141	Section 5.  Subsection (4) and paragraph (a) of subsection
142	(6) of section 447.507, Florida Statutes, are amended to read:
143	447.507  Violation of strike prohibition; penalties.-
144	(4)  An employee organization shall be liable for any
145	damages which might be suffered by a public employer as a result
146	of a violation of the provisions of s. 447.505 by the employee
147	organization or its representatives, officers, or agents. The
148	circuit court having jurisdiction over such actions is empowered
149	to enforce judgments against employee organizations, as defined
150	in this part, by attachment or garnishment of union initiation
151	fees or dues which are to be deducted or checked off by public
152	employers. No action shall be maintained pursuant to this
153	subsection until all proceedings which were pending before the
154	commission at the time of the strike or which were initiated
155	within 30 days of the strike have been finally adjudicated or
156	otherwise disposed of. In determining the amount of damages, if
157	any, to be awarded to the public employer, the trier of fact
158	shall take into consideration any action or inaction by the
159	public employer or its agents that provoked or tended to provoke
160	the strike by the public employees. The trier of fact shall also
161	take into consideration any damages that might have been
162	recovered by the public employer under subparagraph (6)(a)4.
163	(6)(a)  If the commission determines that an employee
164	organization has violated s. 447.505, it may:
165	1.  Issue cease and desist orders as necessary to ensure
166	compliance with its order.
167	2.  Suspend or revoke the certification of the employee
168	organization as the bargaining agent of such employee unit.
169	3.  Revoke the right of dues deduction and collection
170	previously granted to said employee organization pursuant to s.
171	447.303.
172	3.4.  Fine the organization up to $20,000 for each calendar
173	day of such violation or determine the approximate cost to the
174	public due to each calendar day of the strike and fine the
175	organization an amount equal to such cost, notwithstanding the
176	fact that the fine may exceed $20,000 for each such calendar
177	day. The fines so collected shall immediately accrue to the
178	public employer and shall be used by him or her to replace those
179	services denied the public as a result of the strike. In
180	determining the amount of damages, if any, to be awarded to the
181	public employer, the commission shall take into consideration
182	any action or inaction by the public employer or its agents that
183	provoked, or tended to provoke, the strike by the public
184	employees.
185	Section 6.  If any provision of this act or its application
186	to any person or circumstance is held invalid, the invalidity
187	does not affect other provisions or applications of this act
188	which can be given effect without the invalid provision or
189	application, and to this end the provisions of this act are
190	severable.
191	Section 7.  This act shall take effect July 1, 2011, and
192	shall apply to all collective bargaining agreements entered into
193	on or after that date.

CODING: Words stricken are deletions; words underlined are additions.