Bill Text: FL S0830 | 2011 | Regular Session | Comm Sub
Bill Title: Labor and Employment
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0830 Detail]
Download: Florida-2011-S0830-Comm_Sub.html
Florida Senate - 2011 CS for CS for SB 830 By the Committees on Rules; and Community Affairs; and Senators Thrasher and Gaetz 595-04680-11 2011830c2 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 funds for political 5 activity; amending s. 112.171, F.S.; prohibiting a 6 county, municipality, or other local governmental 7 entity from deducting from employee wages funds for 8 political activity; creating s. 447.18, F.S.; 9 prohibiting labor organizations from collecting dues, 10 assessments, fines, or penalties for the purposes of 11 political activity without written authorization; 12 requiring that the labor organization provide notice 13 of such contributions and expenditures; prohibiting a 14 labor organization from requiring an employee to 15 authorize the collection of funds for political 16 contributions and expenditures as a condition of 17 membership in the organization; amending s. 447.303, 18 F.S.; prohibiting a public employer from deducting or 19 collecting from employee wages the dues, uniform 20 assessments, fines, penalties, or special assessments 21 of an employee organization for the purposes of 22 political activity; providing for severability; 23 providing for prospective application; providing an 24 effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Subsections (1) and (3) of section 110.114, 29 Florida Statutes, are amended to read: 30 110.114 Employee wage deductions.— 31 (1) The state or any of its departments, bureaus, 32 commissions, and officers are authorized and permitted, with the 33 concurrence of the Department of Financial Services, to make 34 deductions from the salary or wage of any employee or employees 35 in such amount as shall be authorized and requested by such 36 employee or employees and for such purpose as shall be 37 authorized and requested by such employee or employees and shall 38 pay such sums so deducted as directed by such employee or 39 employees. The concurrence of the Department of Financial 40 Services shall not be required forthe deduction of a certified41bargaining agent’s membership dues deductions pursuant to s.42447.303or anydeductions authorized by a collective bargaining 43 agreement. 44 (3) Notwithstandingthe provisions ofsubsections (1) and 45 (2), deductions may not be made, directly or indirectly, for the 46 purposes of any political activity, including contributions to a 47 candidate, political party, political committee, committee of 48 continuous existence, electioneering communications 49 organization, or organization exempt from taxation under s. 50 501(c)(4) or s. 527 of the Internal Revenue Code.deduction of51an employee’s membership dues deductions as defined in s.52447.203(15) for an employee organization as defined in s.53447.203(11) shall be authorized or permitted only for an54organization that has been certified as the exclusive bargaining55agent pursuant to chapter 447 for a unit of state employees in56which the employee is included. Such deductions shall be subject57to the provisions of s.447.303.58 Section 2. Subsection (1) of section 112.171, Florida 59 Statutes, is amended to read: 60 112.171 Employee wage deductions.— 61 (1) The counties, municipalities, and special districts of 62 the state and the departments, agencies, bureaus, commissions, 63 and officers thereof are authorized and permitted in their sole 64 discretion to make deductions from the salary or wage of any 65 employee or employees in such amount as shall be authorized and 66 requested by such employee or employees and for such purpose as 67 shall be authorized and requested by such employee or employees 68 and shall pay such sums so deducted as directed by such employee 69 or employees. However, deductions may not be made, directly or 70 indirectly, for the purposes of any political activity, 71 including contributions to a candidate, political party, 72 political committee, committee of continuous existence, 73 electioneering communications organization, or organization 74 exempt from taxation under s. 501(c)(4) or s. 527 of the 75 Internal Revenue Code. 76 Section 3. Section 447.18, Florida Statutes, is created to 77 read: 78 447.18 Written authorization required to expend certain 79 employee dues, assessments, fines, or penalties.— 80 (1) A labor organization may not, directly or indirectly, 81 collect dues, uniform assessments, fines, penalties, or special 82 assessments or other funds paid by an employee to make 83 contributions or expenditures, as defined in s. 106.011, for the 84 purposes of political activity, including contributions to a 85 candidate, political party, political committee, committee of 86 continuous existence, electioneering communications 87 organization, or organization exempt from taxation under s. 88 501(c)(4) or s. 527 of the Internal Revenue Code, without the 89 express written authorization of the employee. The written 90 authorization must be executed by the employee separately for 91 each fiscal year of the labor organization and shall be 92 accompanied with a detailed account, provided by the labor 93 organization, of all contributions and expenditures for 94 political activities made by the labor organization in the 95 preceding 24 months. The labor organization shall maintain 96 detailed records relating to any such collections of 97 contributions used, directly or indirectly, for political 98 activity. Such records are subject to review by the commission 99 upon 30 days’ written request. 100 (2) The employee may revoke the authorization described in 101 subsection (1) at any time. If an employee revokes the 102 authorization, the employee is entitled to a pro rata reduction 103 of such dues, uniform assessments, fines, penalties, or special 104 assessments for the remainder of the fiscal year of the labor 105 organization. 106 (3) A labor organization may not require an employee to 107 provide the authorization described in subsection (1) as a 108 condition of membership in the labor organization. 109 Section 4. Section 447.303, Florida Statutes, is amended to 110 read: 111 447.303Dues;Deduction of dues for political activity 112 prohibitedand collection.— 113 (1) Any employee organization thatwhichhas been certified 114 as a bargaining agent shall have the right to have its dues and 115 uniform assessments deducted and collected by the employer from 116 the salaries of those employees who authorize the deduction of 117 said dues and uniform assessments. However, such authorization 118 is revocable at the employee’s request upon 30 days’ written 119 notice to the employer and employee organization. TheSaid120 deductions shall commence upon the bargaining agent’s written 121 request to the employer. Reasonable costs to the employer of the 122saiddeductions shall be a proper subject of collective 123 bargaining. Such right to deduction, unless revoked pursuant to 124 s. 447.507, shall be in force for so long as the employee 125 organization remains the certified bargaining agent for the 126 employees in the unit. The public employer is expressly 127 prohibited from any involvement in the collection of fines, 128 penalties, or special assessments. 129 (2) A public employer may not deduct or collect, directly 130 or indirectly, the dues, uniform assessments, fines, penalties, 131 or special assessments of an employee organization from the 132 compensation of any person employed by the public employer for 133 the purposes of any political activity, including contributions 134 to a candidate, political party, political committee, committee 135 of continuous existence, electioneering communications 136 organization, or organization exempt from taxation under s. 137 501(c)(4) or s. 527 of the Internal Revenue Code. 138 Section 5. If any provision of this act or its application 139 to any person or circumstance is held invalid, the invalidity 140 does not affect other provisions or applications of this act 141 which can be given effect without the invalid provision or 142 application, and to this end the provisions of this act are 143 severable. 144 Section 6. This act shall take effect July 1, 2011, and 145 applies to all collective bargaining agreements entered into on 146 or after that date.