Florida Senate - 2011                                     SB 830
       
       
       
       By Senator Thrasher
       
       
       
       
       8-00622D-11                                            2011830__
    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.; requiring that a labor
   14         organization refund any dues, uniform assessments,
   15         fines, penalties, or special assessments paid by an
   16         employee which were used for political contributions
   17         or expenditures unless the employee has provided prior
   18         authorization; 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
   23         condition of membership in the organization; amending
   24         s. 447.303, F.S.; prohibiting a public employer from
   25         deducting or collecting from employee wages the dues,
   26         uniform assessments, fines, penalties, or special
   27         assessments of an employee organization; amending s.
   28         447.507, F.S., relating to violation of the strike
   29         prohibition; conforming provisions to changes made by
   30         the act; providing for severability; providing an
   31         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         447.18Refund of certain employee dues, assessments, fines,
   88  or penalties.—
   89         (1) Unless an employee has executed a written
   90  authorization, the employee is entitled to a pro rata refund of
   91  any dues, uniform assessments, fines, penalties, or special
   92  assessments paid by the employee and used by the labor
   93  organization of which the employee is a member to make
   94  contributions or expenditures, as defined in s. 106.011. The
   95  written authorization must be executed by the employee
   96  separately for each fiscal year of the labor organization and
   97  shall be accompanied with a detailed account, provided by the
   98  labor organization, of all contributions and expenditures made
   99  by the labor organization in the preceding 24 months.
  100         (2) The employee may revoke the authorization described in
  101  subsection (1) at any time. If an employee revokes the
  102  authorization, the pro rata refund of the employee for such
  103  fiscal year shall be in the same proportion as the proportion of
  104  the fiscal year for which the authorization was not in effect.
  105         (3) A labor organization may not require an employee to
  106  provide the authorization described in subsection (1) as a
  107  condition of membership in the labor organization.
  108         Section 4. Section 447.303, Florida Statutes, is amended to
  109  read:
  110         447.303 Dues; Deduction and collection of dues or uniform
  111  assessments prohibited.—A public employer may not deduct or
  112  collect the dues, uniform assessments, fines, penalties, or
  113  special assessments of an employee organization from the
  114  compensation of any person employed by the public employer. Any
  115  employee organization which has been certified as a bargaining
  116  agent shall have the right to have its dues and uniform
  117  assessments deducted and collected by the employer from the
  118  salaries of those employees who authorize the deduction of said
  119  dues and uniform assessments. However, such authorization is
  120  revocable at the employee’s request upon 30 days’ written notice
  121  to the employer and employee organization. Said deductions shall
  122  commence upon the bargaining agent’s written request to the
  123  employer. Reasonable costs to the employer of said deductions
  124  shall be a proper subject of collective bargaining. Such right
  125  to deduction, unless revoked pursuant to s. 447.507, shall be in
  126  force for so long as the employee organization remains the
  127  certified bargaining agent for the employees in the unit. The
  128  public employer is expressly prohibited from any involvement in
  129  the collection of fines, penalties, or special assessments.
  130         Section 5. Subsection (4) and paragraph (a) of subsection
  131  (6) of section 447.507, Florida Statutes, are amended to read:
  132         447.507 Violation of strike prohibition; penalties.—
  133         (4) An employee organization shall be liable for any
  134  damages which might be suffered by a public employer as a result
  135  of a violation of the provisions of s. 447.505 by the employee
  136  organization or its representatives, officers, or agents. The
  137  circuit court having jurisdiction over such actions is empowered
  138  to enforce judgments against employee organizations, as defined
  139  in this part, by attachment or garnishment of union initiation
  140  fees or dues which are to be deducted or checked off by public
  141  employers. No action shall be maintained pursuant to this
  142  subsection until all proceedings which were pending before the
  143  commission at the time of the strike or which were initiated
  144  within 30 days of the strike have been finally adjudicated or
  145  otherwise disposed of. In determining the amount of damages, if
  146  any, to be awarded to the public employer, the trier of fact
  147  shall take into consideration any action or inaction by the
  148  public employer or its agents that provoked or tended to provoke
  149  the strike by the public employees. The trier of fact shall also
  150  take into consideration any damages that might have been
  151  recovered by the public employer under subparagraph (6)(a)4.
  152         (6)(a) If the commission determines that an employee
  153  organization has violated s. 447.505, it may:
  154         1. Issue cease and desist orders as necessary to ensure
  155  compliance with its order.
  156         2. Suspend or revoke the certification of the employee
  157  organization as the bargaining agent of such employee unit.
  158         3. Revoke the right of dues deduction and collection
  159  previously granted to said employee organization pursuant to s.
  160  447.303.
  161         3.4. Fine the organization up to $20,000 for each calendar
  162  day of such violation or determine the approximate cost to the
  163  public due to each calendar day of the strike and fine the
  164  organization an amount equal to such cost, notwithstanding the
  165  fact that the fine may exceed $20,000 for each such calendar
  166  day. The fines so collected shall immediately accrue to the
  167  public employer and shall be used by him or her to replace those
  168  services denied the public as a result of the strike. In
  169  determining the amount of damages, if any, to be awarded to the
  170  public employer, the commission shall take into consideration
  171  any action or inaction by the public employer or its agents that
  172  provoked, or tended to provoke, the strike by the public
  173  employees.
  174         Section 6. If any provision of this act or its application
  175  to any person or circumstance is held invalid, the invalidity
  176  does not affect other provisions or applications of this act
  177  which can be given effect without the invalid provision or
  178  application, and to this end the provisions of this act are
  179  severable.
  180         Section 7. This act shall take effect July 1, 2011.