Florida Senate - 2011                              CS for SB 830
       
       
       
       By the Committee on Community Affairs; and Senators Thrasher and
       Gaetz
       
       
       
       578-02426-11                                           2011830c1
    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
    4         deducting from employee wages the dues, uniform
    5         assessments, fines, penalties, or special assessments
    6         of an employee organization or contributions made for
    7         purposes of political activity; amending s. 112.171,
    8         F.S.; prohibiting a county, municipality, or other
    9         local governmental entity from deducting from employee
   10         wages the dues, uniform assessments, fines, penalties,
   11         or special assessments of an employee organization or
   12         contributions made for purposes of political activity;
   13         creating s. 447.18, F.S.; prohibiting labor
   14         organizations from collecting dues, assessments,
   15         fines, or penalties without written authorization;
   16         providing for a refund to employees who have not given
   17         a written authorization in certain situations;
   18         requiring that the labor organization provide notice
   19         of such contributions and expenditures; prohibiting a
   20         labor organization from requiring an employee to
   21         authorize the collection of funds for political
   22         contributions and expenditures as a condition of
   23         membership in the organization; amending s. 447.303,
   24         F.S.; prohibiting a public employer from deducting or
   25         collecting from employee wages the dues, uniform
   26         assessments, fines, penalties, or special assessments
   27         of an employee organization; amending s. 447.507,
   28         F.S., relating to violation of the strike prohibition;
   29         conforming provisions to changes made by the act;
   30         providing for severability; providing for prospective
   31         application; providing an effective date.
   32  
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsections (1) and (3) of section 110.114,
   36  Florida Statutes, are amended to read:
   37         110.114 Employee wage deductions.—
   38         (1) The state or any of its departments, bureaus,
   39  commissions, and officers are authorized and permitted, with the
   40  concurrence of the Department of Financial Services, to make
   41  deductions from the salary or wage of any employee or employees
   42  in such amount as shall be authorized and requested by such
   43  employee or employees and for such purpose as shall be
   44  authorized and requested by such employee or employees and shall
   45  pay such sums so deducted as directed by such employee or
   46  employees. The concurrence of the Department of Financial
   47  Services shall not be required for the deduction of a certified
   48  bargaining agent’s membership dues deductions pursuant to s.
   49  447.303 or any deductions authorized by a collective bargaining
   50  agreement.
   51         (3) Notwithstanding the provisions of subsections (1) and
   52  (2), deductions may not be made for the deduction of an
   53  employee’s membership dues, uniform assessments, fines,
   54  penalties, or special assessments of deductions as defined in s.
   55  447.203(15) for an employee organization, and deductions may not
   56  be made for purposes of political activity, including
   57  contributions to a candidate, political party, political
   58  committee, committee of continuous existence, electioneering
   59  communications organization, or organization exempt from
   60  taxation under s. 501(c)(4) or s. 527 of the Internal Revenue
   61  Code as defined in s. 447.203(11) shall be authorized or
   62  permitted only for an organization that has been certified as
   63  the exclusive bargaining agent pursuant to chapter 447 for a
   64  unit of state employees in which the employee is included. Such
   65  deductions shall be subject to the provisions of s. 447.303.
   66         Section 2. Subsection (1) of section 112.171, Florida
   67  Statutes, is amended to read:
   68         112.171 Employee wage deductions.—
   69         (1) The counties, municipalities, and special districts of
   70  the state and the departments, agencies, bureaus, commissions,
   71  and officers thereof are authorized and permitted in their sole
   72  discretion to make deductions from the salary or wage of any
   73  employee or employees in such amount as shall be authorized and
   74  requested by such employee or employees and for such purpose as
   75  shall be authorized and requested by such employee or employees
   76  and shall pay such sums so deducted as directed by such employee
   77  or employees. However, deductions may not be made for the dues,
   78  uniform assessments, fines, penalties, or special assessments of
   79  an employee organization, and deductions may not be made for
   80  purposes of political activity, including contributions to a
   81  candidate, political party, political committee, committee of
   82  continuous existence, electioneering communications
   83  organization, or organization exempt from taxation under s.
   84  501(c)(4) or s. 527 of the Internal Revenue Code.
   85         Section 3. Section 447.18, Florida Statutes, is created to
   86  read:
   87         447.18 Written authorization required to expend certain
   88  employee dues, assessments, fines, or penalties.
   89         (1) A labor organization may not use dues, uniform
   90  assessments, fines, penalties, or special assessments paid by an
   91  employee to make contributions or expenditures, as defined in s.
   92  106.011, without the express written authorization of the
   93  employee. The written authorization must be executed by the
   94  employee separately for each fiscal year of the labor
   95  organization and shall be accompanied with a detailed account,
   96  provided by the labor organization, of all contributions and
   97  expenditures made by the labor organization in the preceding 24
   98  months. The labor organization shall estimate its expected
   99  contributions and expenditures for the fiscal year and shall
  100  reduce the amount collected during the fiscal year from each
  101  employee who has not executed a written authorization. If the
  102  actual contributions and expenditures of the labor organization
  103  exceed its estimated contributions and expenditures, the labor
  104  organization shall provide a refund at the end of the fiscal
  105  year to each employee who has not executed a written
  106  authorization.
  107         (2) The employee may revoke the authorization described in
  108  subsection (1) at any time. If an employee revokes the
  109  authorization, the employee is entitled to a pro rata reduction
  110  of such dues, uniform assessments, fines, penalties, or special
  111  assessments for the remainder of the fiscal year of the labor
  112  organization. The amount of the reduction shall be based upon
  113  the proportion of the contributions and expenditures, as defined
  114  in s. 106.011, in relation to the total annual contributions and
  115  expenditures of the labor organization for the preceding fiscal
  116  year.
  117         (3) A labor organization may not require an employee to
  118  provide the authorization described in subsection (1) as a
  119  condition of membership in the labor organization.
  120         Section 4. Section 447.303, Florida Statutes, is amended to
  121  read:
  122         447.303 Dues; Deduction and collection of dues or uniform
  123  assessments prohibited.—A public employer may not deduct or
  124  collect the dues, uniform assessments, fines, penalties, or
  125  special assessments of an employee organization from the
  126  compensation of any person employed by the public employer. Any
  127  employee organization which has been certified as a bargaining
  128  agent shall have the right to have its dues and uniform
  129  assessments deducted and collected by the employer from the
  130  salaries of those employees who authorize the deduction of said
  131  dues and uniform assessments. However, such authorization is
  132  revocable at the employee’s request upon 30 days’ written notice
  133  to the employer and employee organization. Said deductions shall
  134  commence upon the bargaining agent’s written request to the
  135  employer. Reasonable costs to the employer of said deductions
  136  shall be a proper subject of collective bargaining. Such right
  137  to deduction, unless revoked pursuant to s. 447.507, shall be in
  138  force for so long as the employee organization remains the
  139  certified bargaining agent for the employees in the unit. The
  140  public employer is expressly prohibited from any involvement in
  141  the collection of fines, penalties, or special assessments.
  142         Section 5. Subsection (4) and paragraph (a) of subsection
  143  (6) of section 447.507, Florida Statutes, are amended to read:
  144         447.507 Violation of strike prohibition; penalties.—
  145         (4) An employee organization shall be liable for any
  146  damages which might be suffered by a public employer as a result
  147  of a violation of the provisions of s. 447.505 by the employee
  148  organization or its representatives, officers, or agents. The
  149  circuit court having jurisdiction over such actions is empowered
  150  to enforce judgments against employee organizations, as defined
  151  in this part, by attachment or garnishment of union initiation
  152  fees or dues which are to be deducted or checked off by public
  153  employers. No action shall be maintained pursuant to this
  154  subsection until all proceedings which were pending before the
  155  commission at the time of the strike or which were initiated
  156  within 30 days of the strike have been finally adjudicated or
  157  otherwise disposed of. In determining the amount of damages, if
  158  any, to be awarded to the public employer, the trier of fact
  159  shall take into consideration any action or inaction by the
  160  public employer or its agents that provoked or tended to provoke
  161  the strike by the public employees. The trier of fact shall also
  162  take into consideration any damages that might have been
  163  recovered by the public employer under subparagraph (6)(a)4.
  164         (6)(a) If the commission determines that an employee
  165  organization has violated s. 447.505, it may:
  166         1. Issue cease and desist orders as necessary to ensure
  167  compliance with its order.
  168         2. Suspend or revoke the certification of the employee
  169  organization as the bargaining agent of such employee unit.
  170         3. Revoke the right of dues deduction and collection
  171  previously granted to said employee organization pursuant to s.
  172  447.303.
  173         3.4. Fine the organization up to $20,000 for each calendar
  174  day of such violation or determine the approximate cost to the
  175  public due to each calendar day of the strike and fine the
  176  organization an amount equal to such cost, notwithstanding the
  177  fact that the fine may exceed $20,000 for each such calendar
  178  day. The fines so collected shall immediately accrue to the
  179  public employer and shall be used by him or her to replace those
  180  services denied the public as a result of the strike. In
  181  determining the amount of damages, if any, to be awarded to the
  182  public employer, the commission shall take into consideration
  183  any action or inaction by the public employer or its agents that
  184  provoked, or tended to provoke, the strike by the public
  185  employees.
  186         Section 6. If any provision of this act or its application
  187  to any person or circumstance is held invalid, the invalidity
  188  does not affect other provisions or applications of this act
  189  which can be given effect without the invalid provision or
  190  application, and to this end the provisions of this act are
  191  severable.
  192         Section 7. This act shall take effect July 1, 2011, and
  193  applies to all collective bargaining agreements entered into on
  194  or after that date.