House Bill 2201

    Florida House of Representatives - 1999                HB 2201

        By Representative Fasano






  1                      A bill to be entitled

  2         An act relating to collective bargaining;

  3         amending s. 30.53, F.S.; providing for local

  4         option, either by designation by the sheriff or

  5         by referendum of the citizens of the county,

  6         for the designation of certain deputy sheriffs

  7         as "public employees" for collective bargaining

  8         purposes; providing for the application of the

  9         act; providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Section 30.53, Florida Statutes, is amended

14  to read:

15         30.53  Independence of constitutional officials.--

16         (1)  Except as provided in subsection (2), the

17  independence of the sheriffs shall be preserved concerning the

18  purchase of supplies and equipment, selection of personnel,

19  and the hiring, firing, and setting of salaries of such

20  personnel; provided that nothing herein contained shall

21  restrict the establishment or operation of any civil service

22  system or civil service board created pursuant to s. 14, Art.

23  III, of the Constitution of Florida, provided, further that

24  nothing contained in  ss. 30.48-30.53 shall be construed to

25  alter, modify or change in any manner any civil service system

26  or board, state or local, now in existence or hereafter

27  established.

28         (2)(a)  Notwithstanding any other provision of law to

29  the contrary, by local option a sheriff may designate full

30  time deputy sheriffs below the rank of major to be "public

31  employees," as defined in part II of chapter 447, who shall

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2201

    565-153-99






  1  thereafter be entitled to all rights, privileges, and

  2  obligations granted by law, including the right to organize

  3  and collectively bargain pursuant to part II of chapter 447.

  4  Alternatively, by local option, notwithstanding any other

  5  provision of law to the contrary, in counties with a

  6  population of 100,000 or more, full-time deputy sheriffs below

  7  the rank of major shall be designated as "public employees,"

  8  as defined in part II of chapter 447, who shall thereafter be

  9  entitled to all rights, privileges, and obligations granted by

10  law, including the right to organize and collectively bargain

11  pursuant to part II of chapter 447, if a majority of those

12  voting in a countywide referendum vote affirmatively to grant

13  such status to the deputy sheriffs. Once granted by act of the

14  sheriff or referendum of the people, such status as public

15  employees and right to engage in collective bargaining shall

16  be irrevocable.

17         (b)  Nothing in this section shall be construed to

18  limit or otherwise alter the existing status of deputies as

19  public employees and their right to engage in collective

20  bargaining in the following counties:  Broward, Miami-Dade,

21  Escambia, and Volusia; nor shall anything in this section be

22  construed to limit the right of deputies to secure public

23  employee status and collective bargaining rights through a

24  general or special act of the Legislature.

25         Section 2.  This act shall take effect July 1, 1999.

26

27            *****************************************

28                          HOUSE SUMMARY

29
      Provides for the designation, by the county sheriff or by
30    referendum of the citizens of the county, of deputy
      sheriffs as "public employees" for collective bargaining
31    purposes.  See bill for details.

                                  2