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



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 641

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Brummer and Lacasa offered the following:

12

13         Amendment (with title amendment) 

14         On page 1,

15  remove:  everything after the enacting clause

16

17  and insert:

18         Section 1.  Subsection (6) of section 216.163, Florida

19  Statutes, is repealed.

20         Section 2.   Section 447.403, Florida Statutes, is

21  amended to read:

22         447.403  Resolution of impasses.--

23         (1)(a)  If, after a reasonable period of negotiation

24  concerning the terms and conditions of employment to be

25  incorporated in a collective bargaining agreement, a dispute

26  exists between a public employer and a bargaining agent, an

27  impasse shall be deemed to have occurred when one of the

28  parties so declares in writing to the other party and to the

29  commission. When an impasse occurs, the public employer or the

30  bargaining agent, or both parties acting jointly, may appoint,

31  or secure the appointment of, a mediator to assist in the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 641

    Amendment No. ___ (for drafter's use only)





  1  resolution of the impasse. Nothing in this section precludes

  2  the parties from using the services of a mediator at any time

  3  during the conduct of collective bargaining.  However, if the

  4  Legislature is the legislative body if the Governor is the

  5  public employer, no mediator shall be appointed.

  6         (b)  The chief executive officer of the public employer

  7  shall declare an impasse no later than the convening of the

  8  Regular Session of the Legislature for any collective

  9  bargaining negotiation for which the Legislature is the

10  legislative body and for which a collective bargaining

11  agreement has not been executed.

12         (2)(a)  If no mediator is appointed, or upon the

13  request of either party, the commission shall appoint, and

14  submit all unresolved issues to, a special master acceptable

15  to both parties. If the parties are unable to agree on the

16  appointment of a special master, the commission shall appoint,

17  in its discretion, a qualified special master.  However, if

18  the parties agree in writing to waive the appointment of a

19  special master, the parties may proceed directly to resolution

20  of the impasse by the legislative body pursuant to paragraph

21  (4)(d). Nothing in this section precludes the parties from

22  using the services of a mediator at any time during the

23  conduct of collective bargaining.

24         (b)  If the Legislature is the legislative body  If the

25  Governor is the public employer, no special master shall be

26  appointed. The parties may submit written explanation of their

27  positions on disputed impasse issues to the Legislature,

28  addressed to the President of the Senate and the Speaker of

29  the House of Representatives.  The Legislature retains the

30  full discretion to investigate and otherwise address such

31  issues. The parties may proceed directly to the Legislature

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 641

    Amendment No. ___ (for drafter's use only)





  1  for resolution of the impasse pursuant to paragraph (4)(d).

  2         (3)  The special master shall hold hearings in order to

  3  define the area or areas of dispute, to determine facts

  4  relating to the dispute, and to render a decision on any and

  5  all unresolved contract issues.  The hearings shall be held at

  6  times, dates, and places to be established by the special

  7  master in accordance with rules promulgated by the commission.

  8  The special master shall be empowered to administer oaths and

  9  issue subpoenas on behalf of the parties to the dispute or on

10  his or her own behalf.  Within 15 calendar days after the

11  close of the final hearing, the special master shall transmit

12  his or her recommended decision to the commission and to the

13  representatives of both parties by registered mail, return

14  receipt requested.  Such recommended decision shall be

15  discussed by the parties, and each recommendation of the

16  special master shall be deemed approved by both parties unless

17  specifically rejected by either party by written notice filed

18  with the commission within 20 calendar days after the date the

19  party received the special master's recommended decision.  The

20  written notice shall include a statement of the cause for each

21  rejection and shall be served upon the other party.

22         (4)  In the event that either the public employer or

23  the employee organization does not accept, in whole or in

24  part, the recommended decision of the special master:

25         (a)  The chief executive officer of the governmental

26  entity involved shall, within 10 days after rejection of a

27  recommendation of the special master, submit to the

28  legislative body of the governmental entity involved a copy of

29  the findings of fact and recommended decision of the special

30  master, together with the chief executive officer's

31  recommendations for settling the disputed impasse issues.  The

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 641

    Amendment No. ___ (for drafter's use only)





  1  chief executive officer shall also transmit his or her

  2  recommendations to the employee organization.  If the dispute

  3  involves employees for whom the Board of Regents is the public

  4  employer, the Governor may also submit recommendations to the

  5  legislative body for settling the disputed impasse issues;

  6         (b)  The employee organization shall submit its

  7  recommendations for settling the disputed impasse issues to

  8  such legislative body and to the chief executive officer;

  9         (c)  The legislative body or a duly authorized

10  committee thereof shall forthwith conduct a public hearing at

11  which the parties shall be required to explain their positions

12  with respect to the rejected recommendations of the special

13  master;

14         (d)  Thereafter, the legislative body shall take such

15  action as it deems to be in the public interest, including the

16  interest of the public employees involved, to resolve all

17  disputed impasse issues; and

18         (e)  Following the resolution of the disputed impasse

19  issues by the legislative body, the parties shall reduce to

20  writing an agreement which includes those issues agreed to by

21  the parties and those disputed impasse issues resolved by the

22  legislative body's action taken pursuant to paragraph (d). The

23  agreement shall be signed by the chief executive officer and

24  the bargaining agent and shall be submitted to the public

25  employer and to the public employees who are members of the

26  bargaining unit for ratification. If such agreement is not

27  ratified by all parties, pursuant to the provisions of s.

28  447.309, the legislative body's action taken pursuant to the

29  provisions of paragraph (d) shall take effect as of the date

30  of such legislative body's action for the remainder of the

31  first fiscal year which was the subject of negotiations;

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 641

    Amendment No. ___ (for drafter's use only)





  1  however, the legislative body's action shall not take effect

  2  with respect to those disputed impasse issues which establish

  3  the language of contractual provisions which could have no

  4  effect in the absence of a ratified agreement, including, but

  5  not limited to, preambles, recognition clauses, and duration

  6  clauses.

  7         (5)(a)  If the Legislature is the legislative body, any

  8  disputed impasse issues may be addressed by the Legislature

  9  through legislation as it deems to be in the public interest.

10  Nothing in this section shall be interpreted as divesting the

11  Legislature of its authority to set conditions of employment

12  by law. Within 5 days after the beginning of the impasse

13  period in accordance with s. 216.163(6), each party shall

14  notify the President of the Senate and the Speaker of the

15  House of Representatives as to all unresolved issues. Upon

16  receipt of the notification, the presiding officers shall

17  appoint a joint select committee to review the position of the

18  parties and render a recommended resolution of all issues

19  remaining at impasse. The recommended resolution shall be

20  returned by the joint select committee to the presiding

21  officers not later than 10 days prior to the date upon which

22  the legislative session is scheduled to commence. During the

23  legislative session, the Legislature shall take action in

24  accordance with this section.

25         (b)  Any actions taken by the Legislature to resolve

26  disputed impasse issues shall be binding on bind the parties

27  in accordance with paragraph (4)(c).

28         (b)  Following the resolution of any disputed impasse

29  issues by the Legislature, the parties shall reduce to writing

30  an agreement which includes those issues agreed to by the

31  parties and those disputed issues resolved by the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 641

    Amendment No. ___ (for drafter's use only)





  1  Legislature's action.  The agreement shall be signed by the

  2  chief executive officer and the bargaining agent and shall be

  3  submitted to the public employer and to the public employees

  4  who are members of the bargaining unit for ratification.  If

  5  such agreement is not ratified by all parties, pursuant to the

  6  provisions of s. 447.309, the Legislature's action taken

  7  pursuant to this subsection shall take effect as of the date

  8  of such action for the remainder of the first fiscal year

  9  which was the subject of negotiations; however, the

10  Legislature's action shall not take effect with respect to

11  those disputed impasse issues which establish the language of

12  contractual provisions which could have no effect in the

13  absence of a ratified agreement, including, but not limited

14  to, preambles, recognition clauses, and duration clauses.

15         Section 3.  This act shall take effect upon becoming a

16  law.

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19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21         On page 1,

22  remove:  everything before the enacting clause

23

24  and insert:

25                      A bill to be entitled

26         An act relating to the resolution of impasse;

27         repealing s. 216.163(6), F.S., to remove a

28         requirement that the Governor declare impasse

29         of certain collective bargaining negotiations

30         at the time the Governor's recommended budget

31         is submitted to the legislature; amending s.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 641

    Amendment No. ___ (for drafter's use only)





  1         447.403, F.S.; providing no mediator or special

  2         master shall be appointed for disputed impasse

  3         issues when the Legislature is the legislative

  4         body; requiring impasse to be declared under

  5         certain circumstances in which the Legislature

  6         is the legislative body; eliminating certain

  7         requirements of the Legislature regarding

  8         resolution of impasse with respect to

  9         collective bargaining; providing a statement to

10         the Legislature's discretionary authority to

11         address disputed impasse issues; specifying

12         requirements after the Legislature has

13         addressed disputed impasse issues; providing an

14         effective date.

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