Florida Senate - 2021 SB 78 By Senator Rodrigues 27-00830A-21 202178__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to dues and uniform assessments; 2 amending s. 447.301, F.S.; requiring that a public 3 employee who desires to join an employee organization 4 sign a membership authorization form; requiring that 5 the form include a specified acknowledgement; 6 requiring an employee organization to revoke an 7 employee’s membership upon receipt of the employee’s 8 request for revocation; requiring certain employees to 9 provide specified notice to his or her employer to 10 revoke certain deductions; providing that a revocation 11 form may not require an employee to state a reason for 12 the revocation; amending s. 447.303, F.S.; providing 13 that certain deductions commence upon the employer’s 14 receipt and confirmation of the employee’s signed 15 deduction authorization form; specifying the time 16 period that an employee’s authorization to deduct dues 17 and uniform assessments remains in effect; reenacting 18 s. 110.114(3), F.S., relating to employee wage 19 deductions, to incorporate the amendment made to s. 20 447.303, F.S., in a reference thereto; providing an 21 effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25

Section 1. Subsection (1) of

section 447.301, Florida 26 Statutes, is amended to read: 27 447.301 Public employees’ rights; organization and 28 representation.— 29 Florida Senate - 2021 SB 78 27-00830A-21 202178__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. (1)(

a) Public employees shall have the right to form, join, 30 and participate in, or to refrain from forming, joining, or 31 participating in, any employee organization of their own 32 choosing. 33 (b)1. An employee who desires to join an employee 34 organization must sign a membership authorization form with the 35 bargaining agent. The membership authorization form must contain 36 the following acknowledgment in bold letters and in at least a 37 14-point type: 38 39 I acknowledge and understand that Florida is a right-40 to-work state and that union membership is not 41 required as a condition of employment.

I understand 42 that union membership and payment of union dues and 43 assessments is voluntary and that I may not be 44 discriminated against in any manner if I refuse to 45 join or financially support a union. 46 47 2. An employee organization must revoke an employee’s 48 membership upon receipt of his or her written request for 49 revocation. However, an employee who has authorized the 50 deduction of dues and uniform assessments by his or her employer 51 must also submit notice to his or her employer as provided in s. 52 447.303 for the revocation of such deductions.

If an employee 53 must complete a form to request revocation from the employee 54 organization, the form may not require a reason for the 55 employee’s decision to revoke his or her membership. 56

Section

Section 447.303, Florida Statutes, is amended to 57 read: 58 Florida Senate - 2021 SB 78 27-00830A-21 202178__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. 447.303 Dues; deduction and collection.— 59

(1) An Any employee organization that which has been 60 certified as a bargaining agent has shall have the right to have 61 its dues and uniform assessments deducted and collected by the 62 employer from the salaries of those employees who authorize the 63 deduction of said dues and uniform assessments. 64 (2)(

a) Deductions shall commence when the employer receives 65 a signed deduction authorization form from the bargaining agent 66 and confirms with the employee, electronically or by other 67 means, that he or she authorized the deduction of dues and 68 uniform assessments. 69 (

b) An employee’s authorization to deduct dues and uniform 70 assessments remains in effect until the members of the 71 bargaining unit approve a new collective bargaining agreement 72 with the public employer or for 3 years after the date on which 73 the deduction begins, whichever is earlier. 74 (

c) Notwithstanding paragraph (b), However, such 75 authorization is revocable at the employee’s request upon 30 76 days’ written notice to the employer and employee organization. 77 Said deductions shall commence upon the bargaining agent’s 78 written request to the employer. 79

(3) Reasonable costs to the employer of said deductions is 80 shall be a proper subject of collective bargaining. 81

(4) Such right to deduction, unless revoked under pursuant 82 to s. 447.507, is shall be in force for so long as the employee 83 organization remains the certified bargaining agent for the 84 employees in the unit. 85

(5) The public employer is expressly prohibited from any 86 involvement in the collection of fines, penalties, or special 87 Florida Senate - 2021 SB 78 27-00830A-21 202178__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. assessments. 88

Section 3. For the purpose of incorporating the amendment 89 made by this act to

section 447.303, Florida Statutes, in a 90 reference thereto, subsection (3) of

section 110.114, Florida 91 Statutes, is reenacted to read: 92 110.114 Employee wage deductions.— 93

(3) Notwithstanding the provisions of subsections (1) and 94 (2), the deduction of an employee’s membership dues deductions 95 as defined in s. 447.203(15) for an employee organization as 96 defined in s. 447.203(11) shall be authorized or permitted only 97 for an organization that has been certified as the exclusive 98 bargaining agent pursuant to

chapter 447 for a unit of state 99 employees in which the employee is included. Such deductions 100 shall be subject to the provisions of s. 447.303. 101

Section 4. This act shall take effect upon becoming a law. 102