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

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