| 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 |
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| 32 | Be It Enacted by the Legislature of the State of Florida: |
| 33 |
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| 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. |
