Automatic Enrollment Implementation
Are automatic enrollment permissible under law?
No, unless it is collectively bargained.
Explanation:
Florida law prohibits automatic enrollment in supplemental plans unless authorized by the employee or collectively bargained.
Relevant State Laws -F.S.A. § 110.114, § 112.171
“(1) The state or any of its departments, bureaus, commissions, and officers are authorized and permitted, with the concurrence of the Department of Financial Services, to make deductions from the salary or wage of any employee or employees in such amount as shall be authorized and requested by such employee or employees and for such purpose as shall be authorized and requested by such employee or employees and shall pay such sums so deducted as directed by such employee or employees. The concurrence of the Department of Financial Services shall not be required for the deduction of a certified bargaining agent’s membership dues deductions pursuant to s. 447.303 or any deductions authorized by a collective bargaining agreement.
(2) The approval of and making of approved deductions shall not require the approval or making of other requested deductions. (3) Notwithstanding the provisions of subsections (1) and (2), the deduction of an employee’s membership dues deductions as defined in s. 447.203(15) for an employee organization as defined in s. 447.203(11) shall be authorized or permitted only for an organization that has been certified as the exclusive bargaining agent pursuant to chapter 447 for a unit of state employees in which the employee is included. Such deductions shall be subject to the provisions of s. 447.303.” Fla. Stat. Ann. § 110.114.
Florida’s statute contains a substantially similar provision for political subdivisions that permits “the counties, municipalities, and special districts of the state and the departments, agencies, bureaus, commissions, and officers thereof” to make deductions from an employee’s wages “as shall be authorized and requested by such employee or employees and for such purpose as shall be authorized and requested by such employee or employees.” Fla. Stat. Ann. § 112.171