Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 830
       
       
       
       
       
       
                                Barcode 720666                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/18/2011           .                                
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       The Committee on Rules (Thrasher, Gaetz, Gardiner, and Negron)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete lines 35 - 185
    5  and insert:
    6         Section 1. Subsections (1) and (3) of section 110.114,
    7  Florida Statutes, are amended to read:
    8         110.114 Employee wage deductions.—
    9         (1) The state or any of its departments, bureaus,
   10  commissions, and officers are authorized and permitted, with the
   11  concurrence of the Department of Financial Services, to make
   12  deductions from the salary or wage of any employee or employees
   13  in such amount as shall be authorized and requested by such
   14  employee or employees and for such purpose as shall be
   15  authorized and requested by such employee or employees and shall
   16  pay such sums so deducted as directed by such employee or
   17  employees. The concurrence of the Department of Financial
   18  Services shall not be required for the deduction of a certified
   19  bargaining agent’s membership dues deductions pursuant to s.
   20  447.303 or any deductions authorized by a collective bargaining
   21  agreement.
   22         (3) Notwithstanding the provisions of subsections (1) and
   23  (2), deductions may not be made, directly or indirectly, for the
   24  purposes of any political activity, including contributions to a
   25  candidate, political party, political committee, committee of
   26  continuous existence, electioneering communications
   27  organization, or organization exempt from taxation under s.
   28  501(c)(4) or s. 527 of the Internal Revenue Code. deduction of
   29  an employee’s membership dues deductions as defined in s.
   30  447.203(15) for an employee organization as defined in s.
   31  447.203(11) shall be authorized or permitted only for an
   32  organization that has been certified as the exclusive bargaining
   33  agent pursuant to chapter 447 for a unit of state employees in
   34  which the employee is included. Such deductions shall be subject
   35  to the provisions of s. 447.303.
   36         Section 2. Subsection (1) of section 112.171, Florida
   37  Statutes, is amended to read:
   38         112.171 Employee wage deductions.—
   39         (1) The counties, municipalities, and special districts of
   40  the state and the departments, agencies, bureaus, commissions,
   41  and officers thereof are authorized and permitted in their sole
   42  discretion to make deductions from the salary or wage of any
   43  employee or employees in such amount as shall be authorized and
   44  requested by such employee or employees and for such purpose as
   45  shall be authorized and requested by such employee or employees
   46  and shall pay such sums so deducted as directed by such employee
   47  or employees. However, deductions may not be made, directly or
   48  indirectly, for the purposes of any political activity,
   49  including contributions to a candidate, political party,
   50  political committee, committee of continuous existence,
   51  electioneering communications organization, or organization
   52  exempt from taxation under s. 501(c)(4) or s. 527 of the
   53  Internal Revenue Code.
   54         Section 3. Section 447.18, Florida Statutes, is created to
   55  read:
   56         447.18 Written authorization required to expend certain
   57  employee dues, assessments, fines, or penalties.—
   58         (1) A labor organization may not, directly or indirectly,
   59  collect dues, uniform assessments, fines, penalties, or special
   60  assessments or other funds paid by an employee to make
   61  contributions or expenditures, as defined in s. 106.011, for the
   62  purposes of political activity, including contributions to a
   63  candidate, political party, political committee, committee of
   64  continuous existence, electioneering communications
   65  organization, or organization exempt from taxation under s.
   66  501(c)(4) or s. 527 of the Internal Revenue Code, without the
   67  express written authorization of the employee. The written
   68  authorization must be executed by the employee separately for
   69  each fiscal year of the labor organization and shall be
   70  accompanied with a detailed account, provided by the labor
   71  organization, of all contributions and expenditures for
   72  political activities made by the labor organization in the
   73  preceding 24 months. The labor organization shall maintain
   74  detailed records relating to any such collections of
   75  contributions used, directly or indirectly, for political
   76  activity. Such records are subject to review by the commission
   77  upon 30 days’ written request.
   78         (2) The employee may revoke the authorization described in
   79  subsection (1) at any time. If an employee revokes the
   80  authorization, the employee is entitled to a pro rata reduction
   81  of such dues, uniform assessments, fines, penalties, or special
   82  assessments for the remainder of the fiscal year of the labor
   83  organization.
   84         (3) A labor organization may not require an employee to
   85  provide the authorization described in subsection (1) as a
   86  condition of membership in the labor organization.
   87         Section 4. Section 447.303, Florida Statutes, is amended to
   88  read:
   89         447.303 Dues; Deduction of dues for political activity
   90  prohibited and collection.—
   91         (1) Any employee organization that which has been certified
   92  as a bargaining agent shall have the right to have its dues and
   93  uniform assessments deducted and collected by the employer from
   94  the salaries of those employees who authorize the deduction of
   95  said dues and uniform assessments. However, such authorization
   96  is revocable at the employee’s request upon 30 days’ written
   97  notice to the employer and employee organization. The Said
   98  deductions shall commence upon the bargaining agent’s written
   99  request to the employer. Reasonable costs to the employer of the
  100  said deductions shall be a proper subject of collective
  101  bargaining. Such right to deduction, unless revoked pursuant to
  102  s. 447.507, shall be in force for so long as the employee
  103  organization remains the certified bargaining agent for the
  104  employees in the unit. The public employer is expressly
  105  prohibited from any involvement in the collection of fines,
  106  penalties, or special assessments.
  107         (2) A public employer may not deduct or collect, directly
  108  or indirectly, the dues, uniform assessments, fines, penalties,
  109  or special assessments of an employee organization from the
  110  compensation of any person employed by the public employer for
  111  the purposes of any political activity, including contributions
  112  to a candidate, political party, political committee, committee
  113  of continuous existence, electioneering communications
  114  organization, or organization exempt from taxation under s.
  115  501(c)(4) or s. 527 of the Internal Revenue Code.
  116  
  117  ================= T I T L E  A M E N D M E N T ================
  118         And the title is amended as follows:
  119         Delete lines 2 - 29
  120  and insert:
  121         An act relating to labor and employment; amending s.
  122         110.114, F.S.; prohibiting a state agency from
  123         deducting from employee wages funds for political
  124         activity; amending s. 112.171, F.S.; prohibiting a
  125         county, municipality, or other local governmental
  126         entity from deducting from employee wages funds for
  127         political activity; creating s. 447.18, F.S.;
  128         prohibiting labor organizations from collecting dues,
  129         assessments, fines, or penalties for the purposes of
  130         political activity without written authorization;
  131         requiring that the labor organization provide notice
  132         of such contributions and expenditures; prohibiting a
  133         labor organization from requiring an employee to
  134         authorize the collection of funds for political
  135         contributions and expenditures as a condition of
  136         membership in the organization; amending s. 447.303,
  137         F.S.; prohibiting a public employer from deducting or
  138         collecting from employee wages the dues, uniform
  139         assessments, fines, penalties, or special assessments
  140         of an employee organization for the purposes of
  141         political activity;