Florida Senate - 2021                               CS for SB 78
       By the Committee on Judiciary; and Senator Rodrigues
       590-02047-21                                            202178c1
    1                        A bill to be entitled                      
    2         An act relating to dues and uniform assessments;
    3         amending s. 447.301, F.S.; requiring that a public
    4         employee who desires to join an employee organization
    5         sign a membership authorization form; requiring that
    6         the form include a specified acknowledgement;
    7         requiring an employee organization to revoke an
    8         employee’s membership upon receipt of the employee’s
    9         request for revocation; requiring certain employees to
   10         provide specified notice to his or her employer to
   11         revoke certain deductions; providing that a revocation
   12         form may not require an employee to state a reason for
   13         the revocation; amending s. 447.303, F.S.; providing
   14         that certain deductions commence upon the employer’s
   15         receipt and confirmation of the employee’s signed
   16         deduction authorization form; specifying the time
   17         period that an employee’s authorization to deduct dues
   18         and uniform assessments remains in effect; reenacting
   19         s. 110.114(3), F.S., relating to employee wage
   20         deductions, to incorporate the amendment made to s.
   21         447.303, F.S., in a reference thereto; providing an
   22         effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Subsection (1) of section 447.301, Florida
   27  Statutes, is amended to read:
   28         447.301 Public employees’ rights; organization and
   29  representation.—
   30         (1)(a) Public employees shall have the right to form, join,
   31  and participate in, or to refrain from forming, joining, or
   32  participating in, any employee organization of their own
   33  choosing.
   34         (b)1.An employee who desires to join an employee
   35  organization must sign a membership authorization form with the
   36  bargaining agent. The membership authorization form must contain
   37  the following acknowledgment in bold letters and in at least a
   38  14-point type:
   40         I acknowledge and understand that Florida is a right
   41         to-work state and that union membership is not
   42         required as a condition of employment. I understand
   43         that union membership and payment of union dues and
   44         assessments is voluntary and that I may not be
   45         discriminated against in any manner if I refuse to
   46         join or financially support a union.
   48         2.An employee organization must revoke an employee’s
   49  membership upon receipt of his or her written request for
   50  revocation. However, an employee who has authorized the
   51  deduction of dues and uniform assessments by his or her employer
   52  must also submit notice to his or her employer as provided in s.
   53  447.303 for the revocation of such deductions. If an employee
   54  must complete a form to request revocation from the employee
   55  organization, the form may not require a reason for the
   56  employee’s decision to revoke his or her membership.
   57         Section 2. Section 447.303, Florida Statutes, is amended to
   58  read:
   59         447.303 Dues; deduction and collection.—
   60         (1)An Any employee organization that which has been
   61  certified as a bargaining agent has shall have the right to have
   62  its dues and uniform assessments deducted and collected by the
   63  employer from the salaries of those employees who authorize the
   64  deduction of said dues and uniform assessments.
   65         (2)(a)Deductions shall commence when the employer receives
   66  a signed deduction authorization form from the bargaining agent
   67  and confirms with the employee, electronically or by other
   68  means, that he or she authorized the deduction of dues and
   69  uniform assessments. The employer must make such confirmation
   70  within 30 days after receiving the signed deduction
   71  authorization form.
   72         (b)An employee’s authorization to deduct dues and uniform
   73  assessments remains in effect until the members of the
   74  bargaining unit approve a new collective bargaining agreement
   75  with the public employer or for 3 years after the date on which
   76  the deduction begins, whichever is earlier.
   77         (c)Notwithstanding paragraph (b), However, such
   78  authorization is revocable at the employee’s request upon 30
   79  days’ written notice to the employer and employee organization.
   80  Said deductions shall commence upon the bargaining agent’s
   81  written request to the employer.
   82         (3) Reasonable costs to the employer of said deductions is
   83  shall be a proper subject of collective bargaining.
   84         (4) Such right to deduction, unless revoked under pursuant
   85  to s. 447.507, is shall be in force for so long as the employee
   86  organization remains the certified bargaining agent for the
   87  employees in the unit.
   88         (5) The public employer is expressly prohibited from any
   89  involvement in the collection of fines, penalties, or special
   90  assessments.
   91         Section 3. For the purpose of incorporating the amendment
   92  made by this act to section 447.303, Florida Statutes, in a
   93  reference thereto, subsection (3) of section 110.114, Florida
   94  Statutes, is reenacted to read:
   95         110.114 Employee wage deductions.—
   96         (3) Notwithstanding the provisions of subsections (1) and
   97  (2), the deduction of an employee’s membership dues deductions
   98  as defined in s. 447.203(15) for an employee organization as
   99  defined in s. 447.203(11) shall be authorized or permitted only
  100  for an organization that has been certified as the exclusive
  101  bargaining agent pursuant to chapter 447 for a unit of state
  102  employees in which the employee is included. Such deductions
  103  shall be subject to the provisions of s. 447.303.
  104         Section 4. This act shall take effect upon becoming a law.