HB 1437 2003
   
1 A bill to be entitled
2          An act relating to public employers; amending s. 447.203,
3    F.S.; providing successor public employers to the Florida
4    Board of Education; amending s. 447.309, F.S.; providing
5    specific obligations for successor public employers;
6    providing an effective date.
7         
8          Be It Enacted by the Legislature of the State of Florida:
9         
10          Section 1. Subsection (2) of section 447.203, Florida
11    Statutes, is amended to read:
12          447.203 Definitions.--As used in this part:
13          (2) "Public employer" or "employer" means the state or any
14    county, municipality, or special district or any subdivision or
15    agency thereof which the commission determines has sufficient
16    legal distinctiveness properly to carry out the functions of a
17    public employer. With respect to all public employees
18    determined by the commission as properly belonging to a
19    statewide bargaining unit composed of State Career Service
20    System employees or Selected Professional Service employees, the
21    Governor shall be deemed to be the public employer; and the
22    university board of trustees shall be deemed to be the successor
23    public employer to the Florida Board of Educationwith respect
24    to all public employees of the respective state university. The
25    board of trustees of a community college shall be deemed to be
26    the public employer with respect to all employees of the
27    community college. The district school board shall be deemed to
28    be the public employer with respect to all employees of the
29    school district. The Board of Trustees of the Florida School
30    for the Deaf and the Blind shall be deemed to be the public
31    employer with respect to the academic and academic
32    administrative personnel of the Florida School for the Deaf and
33    the Blind. The Governor shall be deemed to be the public
34    employer with respect to all employees in the Correctional
35    Education Program of the Department of Corrections established
36    pursuant to s. 944.801.
37          Section 2. Subsection (6) is added to section 447.309,
38    Florida Statutes, to read:
39          447.309 Collective bargaining; approval or rejection.--
40          (6) If there is material change in the identity or
41    structure of the public employer, the successor public employer
42    shall maintain the existing wages, hours, and terms and
43    conditions of employment, including those set forth in a
44    collective bargaining agreement, which are in effect at the time
45    of the change for all public employees represented by a
46    certified bargaining agent. The successor public employer shall
47    continue to bargain, upon proper request, with the certified
48    bargaining agent over any changes in such terms and conditions
49    until the commission determines that the new entity is not a
50    successor employer.
51          Section 3. This act shall take effect July 1, 2003.