Flamm Report Week 9

Florida Legislative Session Week 9

*SINE DIE*

Session summary: Anti-union bills DID NOT PASS. We won those.  Several other bills of interest that we were against PASSED.

Attacks on our rights will no doubt re-surface next session, which starts early due to the 2022 elections. We must remain vigilant and continue to build our strength and membership in the months to come.

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. Most of the provisions of these bills now appear in 1014/835 (see below). AGAINST.

STATUS: BILL DIED.  WIN 

4/15/2021:  Favorable with CS by House State Affairs Committee

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 originally amended to target school board and college/university instructional staff/educators, but now applying across the board to all public service workers (except law enforcement, fire). Decertification bill like one from 2020 and similar to SB78. Requires at least 50% membership in every 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. AGAINST.

STATUS: BILL DIED. WIN.

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.”

4/20/2021: 15 amendments withdrawn in House, added to second reading calendar.

4/19/2021: 6 amendments withdrawn in House

4/16/2021: Many amendments filed in House, some withdrawn on 4/19 and 4/20.

See: https://www.flsenate.gov/Session/Bill/2021/835/?Tab=Amendments 

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: BILL DIED. WIN. 

4/30/2020: 

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 and signed by Governor.

STATUS: SIGNED BY GOVERNOR. BECOMES LAW.

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,” [sic] 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. Sent to Governor. Signed by DeSantis in an incredibly partisan press conference surrounded by some of the more aggressive sheriffs in the state. Legal challenges on First Amendment and other grounds are likely.

4/15/2021: Passed Senate 23-17 (party line), certified SJ 470.

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 

4/16/2021: https://tampabaytimes-fl.newsmemory.com/?selDate=20210416&goTo=A001&artid=3 

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: WAITING FOR GOVERNOR’S SIGNATURE. EXPECT TO BECOME LAW.

4/29/2021: Many amendments in House. Passed House 77-40. Enrolled and message sent to Senate

4/27/2021: Added to House 3rd reading calendar, many amendments filed, some failed or withdrawn.

4/26/2021: Passed Senate 23-17 (party line). Bill added to House calendar, many amendments filed

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.