Senate Bill 1552

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



    Florida Senate - 1998                                  SB 1552

    By Senators Cowin, Lee, Dudley, Horne, Diaz-Balart, Clary,
    Ostalkiewicz, Latvala, Gutman, Grant, Crist and Childers




    11-791B-98

  1                      A bill to be entitled

  2         An act relating to political contributions;

  3         prohibiting public employers from deducting

  4         funds from a public employee's wages to make

  5         political contributions or expenditures or to

  6         support political activities without the prior

  7         written request of the employee; prohibiting

  8         bargaining units for public employees from

  9         using a public employee member's dues or fees

10         to make political contributions or expenditures

11         or to support political activities without the

12         member's written authorization; prescribing the

13         form to be used; authorizing the Division of

14         Elections of the Department of State to prepare

15         and distribute such forms; prescribing content

16         of the form; requiring employers and bargaining

17         units that make such deductions to keep

18         records; requiring such records to be presented

19         to the Division of Elections; providing

20         definitions; prohibiting an employer or

21         bargaining unit from discriminating against

22         officers and employees because of their

23         political activities; providing a criminal

24         penalty; providing an effective date.

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  (1)  A public employer responsible for the

29  disbursement of funds in payment of wages may not deduct any

30  funds from a public employee's wages which will be used, or

31  are intended to be used in whole or in part, as a political

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    Florida Senate - 1998                                  SB 1552
    11-791B-98




  1  contribution or expenditure as defined in chapter 106, Florida

  2  Statutes, or to support or obtain political activities to a

  3  political committee, committee of continuous existence,

  4  political party, or candidate unless:

  5         (a)  The employer has a prior written request from the

  6  employee to make such deduction; and

  7         (b)  The deduction of such funds for such purpose is

  8  not otherwise unlawful.

  9

10  For purposes of this subsection, the term "political

11  activities" means communications or other activities that

12  involve carrying on propaganda, attempting to influence

13  legislation, or participating in or intervening in any

14  political campaign or political party.

15         (2)  The written request required in subsection (1)

16  must be made on a form prescribed by the Division of Elections

17  of the Department of State, which is hereby authorized to

18  prepare and distribute such form. The written request must be

19  renewed annually.

20         (3)  The form must contain, at a minimum, the name of

21  the employee, the name of the employer, the amount of the

22  contribution or expenditure, and the employee's signature. The

23  form's title must read, in at least 24-point bold type,

24  "Request for Political Payroll Deductions." The form must also

25  state the following words immediately above the signature

26  line: "Signing this form authorizes your employer to make a

27  deduction from your paycheck that will be used or is intended

28  to be used, in whole or in part, as a political contribution

29  or expenditure or to support or obtain political activities.

30  You are not obligated to authorize this deduction. Your

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    Florida Senate - 1998                                  SB 1552
    11-791B-98




  1  signature below is completely voluntary and may not in any way

  2  affect your employment."

  3         (4)  Each employer who makes deductions under this

  4  section which will be used or which are intended to be used in

  5  whole or in part as a political contribution or expenditure or

  6  to support or obtain political activities shall maintain

  7  records that must include a copy of the employee's request,

  8  the amount of the deduction, the date the deduction was made,

  9  and the amount of the deduction and the date when it was

10  transferred to the political committee, the committee of

11  continuous existence, political party, or candidate. The

12  employer, upon the request of the Elections Commission, must

13  provide copies of all records to the commission.

14         (5)  For purposes of this section, the terms "public

15  employer" and "public employee" have the same meanings

16  ascribed in section 447.203, Florida Statutes.

17         Section 2.  (1)  A bargaining unit for a public

18  employee may not use dues or other fees paid by the public

19  employee to make payments that will be used, or are intended

20  to be used, in whole or in part as a political contribution or

21  expenditure as defined in chapter 106, Florida Statutes, or to

22  support or obtain political activities to a political

23  committee, committee of continuous existence, political party,

24  or candidate unless:

25         (a)  The bargaining unit has a prior written request

26  from the employee that such dues or fees be so used; and

27         (b)  The use of such dues or fees for such purpose is

28  not otherwise unlawful.

29

30  For purposes of this subsection, the term "political

31  activities" means communications or other activities that

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    Florida Senate - 1998                                  SB 1552
    11-791B-98




  1  involve carrying on propaganda, attempting to influence

  2  legislation, or participating in or intervening in any

  3  political campaign or political party.

  4         (2)  The written request required in subsection (1)

  5  must be made on a form prescribed by the Division of Elections

  6  of the Department of State, which is hereby authorized to

  7  prepare and distribute such form. The written request must be

  8  renewed annually.

  9         (3)  The form must contain, at a minimum, the name of

10  the employee, the name of the bargaining unit, the amount of

11  the contribution or expenditure, and the employee's signature.

12  The form's title must read, in at least 24-point bold type,

13  "Authorization for Use of Political Fees." The form shall also

14  state the following words immediately above the signature

15  line: "Signing this form authorizes your bargaining unit to

16  make a deduction from your dues or fees that will be used, or

17  is intended to be used, in whole or in part as a political

18  contribution or expenditure or to support or obtain political

19  activities. You are not obligated to authorize this deduction.

20  Your signature below is completely voluntary and may not in

21  any way affect your membership in the bargaining unit or your

22  employment."

23         (4)  Each bargaining unit that makes deductions under

24  this section which will be used or that are intended to be

25  used in whole or in part as a political contribution or

26  expenditure or to support or obtain political activities shall

27  maintain records that must include a copy of the employee's

28  authorization, the amount of the deduction, the date the

29  deduction was made, and the amount of the deduction and the

30  date when it was transferred to the political committee, the

31  committee of continuous existence, political party, or

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    Florida Senate - 1998                                  SB 1552
    11-791B-98




  1  candidate. The bargaining unit, upon the request of the

  2  Elections Commission, must provide copies of all records to

  3  the commission.

  4         (5)  For purposes of this section, "bargaining unit"

  5  and "public employee" have the same meanings ascribed in

  6  section 447.203, Florida Statutes.

  7         (6)  An employer or bargaining unit for a public

  8  employee may not discriminate against an officer or employee

  9  in the terms or conditions of employment for the failure to

10  contribute to, the failure in any way to support or oppose, or

11  in any way supporting or opposing a candidate, ballot

12  proposition, political party, or political committee.

13         Section 3.  Any person who violates the provisions of

14  this act is guilty of a felony of the third degree, punishable

15  as provided in section 775.082 or section 775.083, Florida

16  Statutes.

17         Section 4.  This act shall take effect July 1, 1998.

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20                          SENATE SUMMARY

21    Prohibits public employers from deducting funds from a
      public employee's wages to make political contributions
22    or expenditures or to support political activities
      without the prior written request of the employee.
23    Prohibits bargaining units for public employees from
      using a public employee member's dues or fees to make
24    political contributions or expenditures or to support
      political activities without the member's written
25    authorization. Prescribes the form to be used. Authorizes
      the Division of Elections of the Department of State to
26    prepare and distribute such forms. Prescribes content of
      the form. Requires employers and bargaining units that
27    make such deductions to keep records. Requires that such
      records be presented to the Division of Elections.
28    Provides definitions. Prohibits an employer or bargaining
      unit for a public employee from discriminating against an
29    officer or employee in terms of their employment because
      of certain prescribed political activities.  Provides a
30    criminal penalty.

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