Senate Bill sb1042c1

    Florida Senate - 2001                           CS for SB 1042

    By the Committee on Governmental Oversight and Productivity;
    and Senator Dawson




    302-1889-01

  1                      A bill to be entitled

  2         An act relating to union activities;

  3         prohibiting employee participation in certain

  4         activities when the employee is counted in

  5         staffing calculations; prohibiting certain

  6         costs for Medicaid reporting purposes;

  7         specifying certain exemptions to the act;

  8         providing an effective date.

  9

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

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12         Section 1.  (1)  Nursing home employee participation in

13  any activity that assists, promotes, deters, or discourages

14  union organizing shall not be allowed during any time the

15  employee is counted in staffing calculations for minimum

16  staffing standards under chapter 400, Florida Statutes.

17         (2)  Salaries paid by any health care provider to an

18  employee for any activity that assists, promotes, deters, or

19  discourages union organizing shall not be an allowable cost

20  for Medicaid cost reporting purposes.

21         (3)  Any expense, including, but not limited to, legal

22  and consulting fees and salaries of supervisors and employees,

23  incurred for activities directly relating to influencing

24  employees with respect to unionization shall not be an

25  allowable cost for Medicaid cost reporting purposes.

26         (4)  This section does not apply to any activity

27  performed, or any expense incurred, in connection with:

28         (a)  Addressing a grievance or negotiating or

29  administering a collective bargaining agreement.

30         (b)  Performing an activity required by federal or

31  state law or by a collective bargaining agreement.

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






    Florida Senate - 2001                           CS for SB 1042
    302-1889-01




  1         (c)  Keeping employees informed of issues and keeping

  2  lines of communication open between employees and employers as

  3  a part of normal personnel management, provided such costs are

  4  not directly related to influencing employees with respect to

  5  unionization.

  6         Section 2.  This act shall take effect January 1, 2002.

  7

  8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  9                             SB 1042

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11  Removes legislative policy statement.

12  Removes provision that permitted complaints to be filed with
    the Agency for Health Care Administration.
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    Removes provision conferring taxpayer standing.
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    Removes provision requiring cost and attorney's fee recovery
15  by prevailing plaintiffs.

16  Removes provisions regarding liability of providers and others
    who violate the act.
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    Removes whistle-blower provisions.
18
    Removes severability clause.
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CODING: Words stricken are deletions; words underlined are additions.