Florida Senate - 2011 CS for SB 830
By the Committee on Community Affairs; and Senators Thrasher and
Gaetz
578-02426-11 2011830c1
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 the dues, uniform
5 assessments, fines, penalties, or special assessments
6 of an employee organization or contributions made for
7 purposes of political activity; amending s. 112.171,
8 F.S.; prohibiting a county, municipality, or other
9 local governmental entity from deducting from employee
10 wages the dues, uniform assessments, fines, penalties,
11 or special assessments of an employee organization or
12 contributions made for purposes of political activity;
13 creating s. 447.18, F.S.; prohibiting labor
14 organizations from collecting dues, assessments,
15 fines, or penalties without written authorization;
16 providing for a refund to employees who have not given
17 a written authorization in certain situations;
18 requiring that the labor organization provide notice
19 of such contributions and expenditures; prohibiting a
20 labor organization from requiring an employee to
21 authorize the collection of funds for political
22 contributions and expenditures as a condition of
23 membership in the organization; amending s. 447.303,
24 F.S.; prohibiting a public employer from deducting or
25 collecting from employee wages the dues, uniform
26 assessments, fines, penalties, or special assessments
27 of an employee organization; amending s. 447.507,
28 F.S., relating to violation of the strike prohibition;
29 conforming provisions to changes made by the act;
30 providing for severability; providing for prospective
31 application; providing an effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Subsections (1) and (3) of section 110.114,
36 Florida Statutes, are amended to read:
37 110.114 Employee wage deductions.—
38 (1) The state or any of its departments, bureaus,
39 commissions, and officers are authorized and permitted, with the
40 concurrence of the Department of Financial Services, to make
41 deductions from the salary or wage of any employee or employees
42 in such amount as shall be authorized and requested by such
43 employee or employees and for such purpose as shall be
44 authorized and requested by such employee or employees and shall
45 pay such sums so deducted as directed by such employee or
46 employees. The concurrence of the Department of Financial
47 Services shall not be required for the deduction of a certified
48 bargaining agent’s membership dues deductions pursuant to s.
49 447.303 or any deductions authorized by a collective bargaining
50 agreement.
51 (3) Notwithstanding the provisions of subsections (1) and
52 (2), deductions may not be made for the deduction of an
53 employee’s membership dues, uniform assessments, fines,
54 penalties, or special assessments of deductions as defined in s.
55 447.203(15) for an employee organization, and deductions may not
56 be made for purposes of political activity, including
57 contributions to a candidate, political party, political
58 committee, committee of continuous existence, electioneering
59 communications organization, or organization exempt from
60 taxation under s. 501(c)(4) or s. 527 of the Internal Revenue
61 Code as defined in s. 447.203(11) shall be authorized or
62 permitted only for an organization that has been certified as
63 the exclusive bargaining agent pursuant to chapter 447 for a
64 unit of state employees in which the employee is included. Such
65 deductions shall be subject to the provisions of s. 447.303.
66 Section 2. Subsection (1) of section 112.171, Florida
67 Statutes, is amended to read:
68 112.171 Employee wage deductions.—
69 (1) The counties, municipalities, and special districts of
70 the state and the departments, agencies, bureaus, commissions,
71 and officers thereof are authorized and permitted in their sole
72 discretion to make deductions from the salary or wage of any
73 employee or employees in such amount as shall be authorized and
74 requested by such employee or employees and for such purpose as
75 shall be authorized and requested by such employee or employees
76 and shall pay such sums so deducted as directed by such employee
77 or employees. However, deductions may not be made for the dues,
78 uniform assessments, fines, penalties, or special assessments of
79 an employee organization, and deductions may not be made for
80 purposes of political activity, including contributions to a
81 candidate, political party, political committee, committee of
82 continuous existence, electioneering communications
83 organization, or organization exempt from taxation under s.
84 501(c)(4) or s. 527 of the Internal Revenue Code.
85 Section 3. Section 447.18, Florida Statutes, is created to
86 read:
87 447.18 Written authorization required to expend certain
88 employee dues, assessments, fines, or penalties.—
89 (1) A labor organization may not use dues, uniform
90 assessments, fines, penalties, or special assessments paid by an
91 employee to make contributions or expenditures, as defined in s.
92 106.011, without the express written authorization of the
93 employee. The written authorization must be executed by the
94 employee separately for each fiscal year of the labor
95 organization and shall be accompanied with a detailed account,
96 provided by the labor organization, of all contributions and
97 expenditures made by the labor organization in the preceding 24
98 months. The labor organization shall estimate its expected
99 contributions and expenditures for the fiscal year and shall
100 reduce the amount collected during the fiscal year from each
101 employee who has not executed a written authorization. If the
102 actual contributions and expenditures of the labor organization
103 exceed its estimated contributions and expenditures, the labor
104 organization shall provide a refund at the end of the fiscal
105 year to each employee who has not executed a written
106 authorization.
107 (2) The employee may revoke the authorization described in
108 subsection (1) at any time. If an employee revokes the
109 authorization, the employee is entitled to a pro rata reduction
110 of such dues, uniform assessments, fines, penalties, or special
111 assessments for the remainder of the fiscal year of the labor
112 organization. The amount of the reduction shall be based upon
113 the proportion of the contributions and expenditures, as defined
114 in s. 106.011, in relation to the total annual contributions and
115 expenditures of the labor organization for the preceding fiscal
116 year.
117 (3) A labor organization may not require an employee to
118 provide the authorization described in subsection (1) as a
119 condition of membership in the labor organization.
120 Section 4. Section 447.303, Florida Statutes, is amended to
121 read:
122 447.303 Dues; Deduction and collection of dues or uniform
123 assessments prohibited.—A public employer may not deduct or
124 collect the dues, uniform assessments, fines, penalties, or
125 special assessments of an employee organization from the
126 compensation of any person employed by the public employer. Any
127 employee organization which has been certified as a bargaining
128 agent shall have the right to have its dues and uniform
129 assessments deducted and collected by the employer from the
130 salaries of those employees who authorize the deduction of said
131 dues and uniform assessments. However, such authorization is
132 revocable at the employee’s request upon 30 days’ written notice
133 to the employer and employee organization. Said deductions shall
134 commence upon the bargaining agent’s written request to the
135 employer. Reasonable costs to the employer of said deductions
136 shall be a proper subject of collective bargaining. Such right
137 to deduction, unless revoked pursuant to s. 447.507, shall be in
138 force for so long as the employee organization remains the
139 certified bargaining agent for the employees in the unit. The
140 public employer is expressly prohibited from any involvement in
141 the collection of fines, penalties, or special assessments.
142 Section 5. Subsection (4) and paragraph (a) of subsection
143 (6) of section 447.507, Florida Statutes, are amended to read:
144 447.507 Violation of strike prohibition; penalties.—
145 (4) An employee organization shall be liable for any
146 damages which might be suffered by a public employer as a result
147 of a violation of the provisions of s. 447.505 by the employee
148 organization or its representatives, officers, or agents. The
149 circuit court having jurisdiction over such actions is empowered
150 to enforce judgments against employee organizations, as defined
151 in this part, by attachment or garnishment of union initiation
152 fees or dues which are to be deducted or checked off by public
153 employers. No action shall be maintained pursuant to this
154 subsection until all proceedings which were pending before the
155 commission at the time of the strike or which were initiated
156 within 30 days of the strike have been finally adjudicated or
157 otherwise disposed of. In determining the amount of damages, if
158 any, to be awarded to the public employer, the trier of fact
159 shall take into consideration any action or inaction by the
160 public employer or its agents that provoked or tended to provoke
161 the strike by the public employees. The trier of fact shall also
162 take into consideration any damages that might have been
163 recovered by the public employer under subparagraph (6)(a)4.
164 (6)(a) If the commission determines that an employee
165 organization has violated s. 447.505, it may:
166 1. Issue cease and desist orders as necessary to ensure
167 compliance with its order.
168 2. Suspend or revoke the certification of the employee
169 organization as the bargaining agent of such employee unit.
170 3. Revoke the right of dues deduction and collection
171 previously granted to said employee organization pursuant to s.
172 447.303.
173 3.4. Fine the organization up to $20,000 for each calendar
174 day of such violation or determine the approximate cost to the
175 public due to each calendar day of the strike and fine the
176 organization an amount equal to such cost, notwithstanding the
177 fact that the fine may exceed $20,000 for each such calendar
178 day. The fines so collected shall immediately accrue to the
179 public employer and shall be used by him or her to replace those
180 services denied the public as a result of the strike. In
181 determining the amount of damages, if any, to be awarded to the
182 public employer, the commission shall take into consideration
183 any action or inaction by the public employer or its agents that
184 provoked, or tended to provoke, the strike by the public
185 employees.
186 Section 6. If any provision of this act or its application
187 to any person or circumstance is held invalid, the invalidity
188 does not affect other provisions or applications of this act
189 which can be given effect without the invalid provision or
190 application, and to this end the provisions of this act are
191 severable.
192 Section 7. This act shall take effect July 1, 2011, and
193 applies to all collective bargaining agreements entered into on
194 or after that date.