Flamm REPORT Week 7

Florida Legislative Session Week 7

SB78/HB 947: Dues and uniform assessments, sponsor Ray Rodrigues and Plakon

Description: Classic Janus-style legislation. Membership cards will require a certain font and style, state that dues are voluntary, statement that if pay dues or not still covered by the contract. Requires employee who wants to join AFSCME to sign a membership authorization form after the contract expires. AGAINST.

STATUS: SB 78 and HB 947 are officially dead for this session, BUT HB 947 has been combined with HB 835 and much of SB 78 has ostensibly been rolled into SB 1014. Now, SB 1014/HB 835 are much more dangerous.

4/15/2021:  Favorable with CS by House State Affairs Committee, combining HB 947 and HB 835

4/14/2021: Postponed on Senate Rules Committee. 

4/13/2021: Added to House State Affairs Committee agenda.

4/6/2021: Postponed on Senate Rules Committee. No change in House.

4/1/2021: On Senate Rules committee agenda, 930AM 4/6/21, Knott bldg.  No change in House. 

3/25/2021: No change in Senate. No change in House.

3/18/2021: No change in Senate. No change in House.

3/11/2021: No change in Senate. In House State Affairs Committee.

3/8/2021: Not heard in the Senate rules committee last week. The bill was heard in the House Government Operations Subcommittee. We had many testify. Bill passed the House Government Operations subcommittee. On to the House State Affairs Committee.

3/4/2021: Rules committee agenda but not considered.

3/2/2021 Read 1st time 

2/18/21: In Senate Rules Committee.

2/11/21: Companion bill filled in House by Plakon

2/10/21: Passed Judiciary Committee 6-4 party line vote. Now in Rules Committee

1/27/21: Passed Senate Governmental Oversight and Accountability 4-2 by party-line vote. 

For more information:

https://public.lobbytools.com/bills/56626

SB 1014/HB 835: Employee organizations. Sponsor: Dennis Baxley

Union decertification bill amended to specifically target school board and college/university instructional staff/educators. Decertification bill like one from 2020 and similar to SB78. Targets the teachers union, but could affect us too. Requires at least 50% membership in every school district and at every college/university instructional local in the state. If membership is less than 50%, then the union becomes decertified. If decertified, then the organizers have to go through the certification process all over again. While currently applying only to teachers/educators, a lot can change from now until the final vote, such as other unions brought into the bill. This bill is being fast-tracked. AGAINST.

STATUS: Moving in Senate with Baxley Amendment that will lead to local decertification is membership in local less than 50%+1, HB835 Moving in House. Decertification language in House and Senate are now the same. Both HB 1014 and SB 835 NOW APPLY TO ALL PUBLIC SECTOR UNIONS and both include the decertification language, the Janus-style language, and ELIMINATION OF AUTOMATIC DUES DEDUCTION.

SENATE Decertification Language: “(5) Notwithstanding the provisions of chapter 447 relating 167 to collective bargaining, an employee organization whose dues paying membership is less than 50 percent of the employees eligible for representation in the bargaining unit must petition the commission pursuant to s. 447.307(2) and (3) for recertification as the exclusive representative of all employees in the bargaining unit within 1 month after the date on which the employee organization applies for renewal of registration pursuant to subsection (2). The certification of an employee organization that does not comply with this section is revoked.”

HOUSE Decertification Language: “(3) Notwithstanding the provisions of chapter 447 relating to collective bargaining, an employee organization whose dues paying membership is less than 50 percent of the employees eligible for representation in the bargaining unit must petition the Public Employees Relations Commission pursuant to s. 447.307(2) and (3) for recertification as the exclusive representative of all employees in the bargaining unit within 1 month after the date on which the employee organization applies 44 for renewal of registration pursuant to s. 447.305(2). The certification of an employee organization that does not comply with this section is revoked.”

4/15/2021: On Senate Rules Committee 4/20/21 @ 830AM 412 Knott Bldg. Favorable with CS House State Affairs Committee and laid on Table under Rule 7.18(a). CS filed in House.

4/14/2021: On Senate Rules Committee, but not considered.

4/13/2021: Added to State Affairs Committee agenda

4/6/2021: Postponed on Senate Rules committee. 1st reading in House committee substitute on 4/5/2021.

4/1/2021: On Senate Rules committee agenda, 930AM, 4/6/21, 412 Kno9tt bldg. Favorable with CS by House State Administration & technology Appropriations subcommittee. 

3/23/2021: 1st reading Senate Governmental Oversight and Accountability Committee. 

3/19/2021: In Senate Rules Committee. No outcome listed for Senate Rules.

3/18/2021: In House State Administration & Technology Appropriations Committee, referred to Education & employment Committee. 

3/17/2021: Passed Senate Governmental Oversight and Accountability committee, 3-2, after being amended to make 1014 and 835 identitcal. No change in House. 

3/11/2021: No change in Senate. 

3/10/2021: House 1st Reading (Committee substitute 1)

3/9/2021: Reported out of House Government Operations Committee, Laid on table under Rule 7.18(a) (Standing committee, Redistricting, Congressional Redistricting Committee), CS filed. 

3/8/2021: Heard in the House Government Operations Committee today. The more aggressive amendments passed--such as to add more paperwork to a union being certified. Still being debated. Favorable in House Government Operations Committee.

3/4/2021: In House Government Operations Subcommittee

3/2/2021: First reading in House

3/2/2021: Introduced in Senate – SJ 108

2/10/21: Referred to Governmental Oversight and Accountability; Judiciary; Rules

2/2/21: Filed.

For more information: SB 1014: https://www.flsenate.gov/Session/Bill/2021/1014

SB84 (no House companion): Pension reform bill, sponsor Ray Rodrigues

This is a hard close on the FRS defined benefit pension plan to new employees. As of 2022, all new employees go directly into the investment plan, potentially leading to a “slow death” of the FRS pension. AGAINST.

STATUS: Passed and Certified in Senate. In Committee in House. 

4/13/2021:  Now in House State Affairs Committee, 1st reading (Committee Substitute 1)

4/8/2021: 3rd Read in Senate. Passed Senate 24-16 and certified. Sent to House. No companion bill in House.

4/7/2021: 2nd Read in Senate

4/1/2021:  Pending reference review in Senate, On Senate calendar for 2nd reading, On Senate special order calendar 4/7/21, CS by Senate appropriations 1st read SJ 346. No companion bill in House.

3/25/2021: No change in Senate. No companion bill in House.

3/17/2021: No change in Senate. No companion bill in House.

3/11/2021: No change in Senate. No companion bill in House.

3/8/2021: Still in appropriations. Not been heard yet because they are waiting for an actuarial analysis.

3/2/2021: Introduced – SJ 43

Now in Senate Appropriations Committee

2/4/2021: Passed Government Oversight and Accountability 4-2; party-line vote

For more information:

https://www.news4jax.com/news/florida/2021/01/22/state-retirement-system-could-see-major-change/ 

SB84: https://www.flsenate.gov/Session/Bill/2021/84 

SB72/HB7: Civil liability for damages relating to COVID-19 Jeff Brandis/McClure

Burden of proof is on the employee, statute of limitations, severability (legislation preserved if 1 or more parts are found to be illegal), retroactive applicability (scope of law includes time prior to its passage). Bottom line: 100% of the responsibility is on the workers’ shoulders. Business is afraid of lawsuits even though there has been no pattern of frivolous charges. AGAINST.  PASSED, waiting for signature.

STATUS: Approved by governor.

3/29/2021: Presented to Governor. Signed by Governor. Chapter No. 202-1.

3/25/2021: Senate bill’s 2nd Reading in House. Senate bill placed on House 3rd Reading calendar.

3/18/2021: Senate amendments failed (273472, 433794, 645490, 735608). Senate Amendments adopted (549168). Passed Senate 24-15. 1st Reading in House of Senate bill.

3/11/2021: Senate Rules passed 10-5. Passed in House 3/5/2021.

3/8/2021:  No change

3/5/2021: 3rd reading in House, Passed House 83-31.

3/2/2021: Passed Senate Commerce and Tourism 7-4 by party line. Now in Rules.

2/16/21: Commerce and Tourism agenda 2/15/2021 but postponed.

1/25/21: Passed Senate Judiciary committee 7-4 party-line vote. Democratic amendments all rejected. Next step is Commerce and Tourism committee

1/13/21: HB7 passed Civil Justice & Property Rights Subcommittee. Democratic amendments rejected or withdrawn. Next step is Pandemics & Public Emergencies Subcommittee.

For more information

SB72: https://public.lobbytools.com/bills/56507

HB7: https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=70164

SB484/HB1: Combating public disorder, by Burgess; Fernandez-Barquin; Byrd

Citizen appeals if municipality reduces LE funding, can’t interfere with LE during a “riot” or unlawful assembly, increase offense severity ranking of an aggravated assault, etc. Curtails basic civil liberties and right to protest; vague language casts a wide net and will have significant impact on budget stemming from uptick in incarceration. Unnecessary.  AGAINST. 

STATUS: Passed House. Passed Senate. Signed into law by DeSantis on 4/19/21 – a dark day for democracy and first amendment rights in Florida.

4/7/2021: Received in Senate. 

4/6/2021: On Senate Appropriations committee Agenda 4/9/21 (8:30AM) & 4/10/21 (9:00AM), 412 Knox Bldg, 

4/2/2021:  Referred to Senate Appropriations.

4/1/2021. No change in Senate. Third reading in House on 3/26, CS passed 76-39. In messages on 3/31.

3/25/2012: No change in Senate. 2nd reading in House, amendment 175541 adopted, added to house 3rd reading calendar.

3/19 & 22/ 2021: Many House amendments filed, some withdrawn.

3/17/2021: No change in Senate. On House Calendar, but not other action.

3/11/2021:  No change in Senate. House 1st reading (Committee substitute 1).

3/8/2021: No change in Senate. No change in House

3/4/2021: Favorable by House Justice Appropriations subcommittee, Now in Judiciary committee.

3/2/2021: Introduced in Senate – SJ 69 

1/15/21: Referred to Criminal Justice, Appropriations subcommittee and Appropriations committees

For more information: 

SB484: https://www.flsenate.gov/Session/Bill/2021/484 

HB1: https://www.flsenate.gov/Session/Bill/2021/1 

https://www.floridapolicy.org/posts/the-high-cost-of-hb1-the-anti-peaceful-protest-bill 

https://tampabaytimes-fl.newsmemory.com/?selDate=20210219&goTo=A022&artid=2 

CS/SB 90/7041: Limit mail-in voting, sponsor Dennis Baxley.

Erases all standing requests for mail-in ballots in 2022 and requires voters to start over. Removes drop boxes. Start time for counting ballots changed from 22 days before to 35-40 days before. Part of a national wave of voter suppression bills following the 2020 elections. AGAINST. 

STATUS: Still in Senate and House committees. Both are moving.

4/15/2021: On Senate Rules committee agenda, 4/20/21 @ 830AM, 412 Knott Bldg.

4/14/2021: In House State Affairs Committee.

4/12/2021: House CS filed, 1st reading (Committee Substitute 1)

4/9/2021: On Senate Rules Committee agenda, amendments adopted, postponed.

4/6/2021: Postponed on Senate Rules committee. On House Appropriations Committee agenda (no date or place assigned).

4/1/2021: On Senate Rules committee agenda, 930AM 4/6/21, 412 Knott bldg. In House Appropriations committee. 

3/25/2021: Still in Senate Rules committee (no change). In House Appropriations Committee

3/24/2021: In House Appropriations Committee and referred to State Affairs Committee

3/23/2021: House bill filed and first reading.

3/17/2021: In Senate Rules committee. No bill in House.

3/11/2021: Pending Senate reference review under rule 4.7(2) Committee substitute. 

3/10/2021: Passed Senate Governmental Oversight and Accountability Committee 4-2 party line.

3/5/2021: Senate Government Oversight and Accountability agenda.

3/2/2021: Introduced in Senate – SJ 44

Ethics and Elections committee, first read = SJ 165

2/18/2021: In Senate Governmental Oversight and Accountability

2/17/21: Pending reference review under Rule 4.7(2) – Committee Substitute

2/16/21: Passed Senate Ethics Committee

For more information:

https://www.flsenate.gov/Session/Bill/2021/90 

https://tampabaytimes-fl.newsmemory.com/?selDate=20210218&goTo=A001&artid=0 

https://tampabaytimes-fl.newsmemory.com/?selDate=20210311&goTo=A003&artid=2 

1 = No House Companion.  Expect a bill however.

TAKING ACTION

Thank you for contacting your elected officials and being active on these important issues.

If you haven't yet, please take a moment to call your legislators on SB 1014  (CLICK HERE), and write them on SB 84 (CLICK HERE).

In Solidarity,

-AFSCME Florida PEOPLE