Bill Text: FL H1021 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Labor and Employment

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1021 Detail]

Download: Florida-2011-H1021-Introduced.html
HB 1021

1
A bill to be entitled
2An act relating to labor and employment; amending s.
3110.114, F.S.; prohibiting a state agency from deducting
4from employee wages the dues, uniform assessments, fines,
5penalties, or special assessments of an employee
6organization or contributions made for purposes of
7political activity; amending s. 112.171, F.S.; prohibiting
8a county, municipality, or other local governmental entity
9from deducting from employee wages the dues, uniform
10assessments, fines, penalties, or special assessments of
11an employee organization or contributions made for
12purposes of political activity; creating s. 447.18, F.S.;
13requiring that a labor organization refund any dues,
14uniform assessments, fines, penalties, or special
15assessments paid by an employee which were used for
16political contributions or expenditures unless the
17employee has provided prior authorization; requiring that
18the labor organization provide notice of such
19contributions and expenditures; prohibiting a labor
20organization from requiring an employee to authorize the
21collection of funds for political contributions and
22expenditures as a condition of membership in the
23organization; amending s. 447.303, F.S.; prohibiting a
24public employer from deducting or collecting from employee
25wages the dues, uniform assessments, fines, penalties, or
26special assessments of an employee organization; amending
27s. 447.507, F.S., relating to violation of the strike
28prohibition; conforming provisions to changes made by the
29act; providing for severability; providing an effective
30date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Subsections (1) and (3) of section 110.114,
35Florida Statutes, are amended to read:
36     110.114  Employee wage deductions.-
37     (1)  The state or any of its departments, bureaus,
38commissions, and officers are authorized and permitted, with the
39concurrence of the Department of Financial Services, to make
40deductions from the salary or wage of any employee or employees
41in such amount as shall be authorized and requested by such
42employee or employees and for such purpose as shall be
43authorized and requested by such employee or employees and shall
44pay such sums so deducted as directed by such employee or
45employees. The concurrence of the Department of Financial
46Services shall not be required for the deduction of a certified
47bargaining agent's membership dues deductions pursuant to s.
48447.303 or any deductions authorized by a collective bargaining
49agreement.
50     (3)  Notwithstanding the provisions of subsections (1) and
51(2), deductions may not be made for the deduction of an
52employee's membership dues, uniform assessments, fines,
53penalties, or special assessments of deductions as defined in s.
54447.203(15) for an employee organization, and deductions may not
55be made for purposes of political activity, including
56contributions to a candidate, political party, political
57committee, committee of continuous existence, electioneering
58communications organization, or organization exempt from
59taxation under s. 501(c)(4) or s. 527 of the Internal Revenue
60Code as defined in s. 447.203(11) shall be authorized or
61permitted only for an organization that has been certified as
62the exclusive bargaining agent pursuant to chapter 447 for a
63unit of state employees in which the employee is included. Such
64deductions shall be subject to the provisions of s. 447.303.
65     Section 2.  Subsection (1) of section 112.171, Florida
66Statutes, is amended to read:
67     112.171  Employee wage deductions.-
68     (1)  The counties, municipalities, and special districts of
69the state and the departments, agencies, bureaus, commissions,
70and officers thereof are authorized and permitted in their sole
71discretion to make deductions from the salary or wage of any
72employee or employees in such amount as shall be authorized and
73requested by such employee or employees and for such purpose as
74shall be authorized and requested by such employee or employees
75and shall pay such sums so deducted as directed by such employee
76or employees. However, deductions may not be made for the dues,
77uniform assessments, fines, penalties, or special assessments of
78an employee organization, and deductions may not be made for
79purposes of political activity, including contributions to a
80candidate, political party, political committee, committee of
81continuous existence, electioneering communications
82organization, or organization exempt from taxation under s.
83501(c)(4) or s. 527 of the Internal Revenue Code.
84     Section 3.  Section 447.18, Florida Statutes, is created to
85read:
86     447.18  Refund of certain employee dues, assessments,
87fines, or penalties.-
88     (1)  Unless an employee has executed a written
89authorization, the employee is entitled to a pro rata refund of
90any dues, uniform assessments, fines, penalties, or special
91assessments paid by the employee and used by the labor
92organization of which the employee is a member to make
93contributions or expenditures, as defined in s. 106.011. The
94written authorization must be executed by the employee
95separately for each fiscal year of the labor organization and
96shall be accompanied with a detailed account, provided by the
97labor organization, of all contributions and expenditures made
98by the labor organization in the preceding 24 months.
99     (2)  The employee may revoke the authorization described in
100subsection (1) at any time. If an employee revokes the
101authorization, the pro rata refund of the employee for such
102fiscal year shall be in the same proportion as the proportion of
103the fiscal year for which the authorization was not in effect.
104     (3)  A labor organization may not require an employee to
105provide the authorization described in subsection (1) as a
106condition of membership in the labor organization.
107     Section 4.  Section 447.303, Florida Statutes, is amended
108to read:
109     447.303  Dues; Deduction and collection of dues or uniform
110assessments prohibited.-A public employer may not deduct or
111collect the dues, uniform assessments, fines, penalties, or
112special assessments of an employee organization from the
113compensation of any person employed by the public employer. Any
114employee organization which has been certified as a bargaining
115agent shall have the right to have its dues and uniform
116assessments deducted and collected by the employer from the
117salaries of those employees who authorize the deduction of said
118dues and uniform assessments. However, such authorization is
119revocable at the employee's request upon 30 days' written notice
120to the employer and employee organization. Said deductions shall
121commence upon the bargaining agent's written request to the
122employer. Reasonable costs to the employer of said deductions
123shall be a proper subject of collective bargaining. Such right
124to deduction, unless revoked pursuant to s. 447.507, shall be in
125force for so long as the employee organization remains the
126certified bargaining agent for the employees in the unit. The
127public employer is expressly prohibited from any involvement in
128the 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
133damages which might be suffered by a public employer as a result
134of a violation of the provisions of s. 447.505 by the employee
135organization or its representatives, officers, or agents. The
136circuit court having jurisdiction over such actions is empowered
137to enforce judgments against employee organizations, as defined
138in this part, by attachment or garnishment of union initiation
139fees or dues which are to be deducted or checked off by public
140employers. No action shall be maintained pursuant to this
141subsection until all proceedings which were pending before the
142commission at the time of the strike or which were initiated
143within 30 days of the strike have been finally adjudicated or
144otherwise disposed of. In determining the amount of damages, if
145any, to be awarded to the public employer, the trier of fact
146shall take into consideration any action or inaction by the
147public employer or its agents that provoked or tended to provoke
148the strike by the public employees. The trier of fact shall also
149take into consideration any damages that might have been
150recovered by the public employer under subparagraph (6)(a)4.
151     (6)(a)  If the commission determines that an employee
152organization has violated s. 447.505, it may:
153     1.  Issue cease and desist orders as necessary to ensure
154compliance with its order.
155     2.  Suspend or revoke the certification of the employee
156organization as the bargaining agent of such employee unit.
157     3.  Revoke the right of dues deduction and collection
158previously granted to said employee organization pursuant to s.
159447.303.
160     3.4.  Fine the organization up to $20,000 for each calendar
161day of such violation or determine the approximate cost to the
162public due to each calendar day of the strike and fine the
163organization an amount equal to such cost, notwithstanding the
164fact that the fine may exceed $20,000 for each such calendar
165day. The fines so collected shall immediately accrue to the
166public employer and shall be used by him or her to replace those
167services denied the public as a result of the strike. In
168determining the amount of damages, if any, to be awarded to the
169public employer, the commission shall take into consideration
170any action or inaction by the public employer or its agents that
171provoked, or tended to provoke, the strike by the public
172employees.
173     Section 6.  If any provision of this act or its application
174to any person or circumstance is held invalid, the invalidity
175does not affect other provisions or applications of this act
176which can be given effect without the invalid provision or
177application, and to this end the provisions of this act are
178severable.
179     Section 7.  This act shall take effect July 1, 2011.


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