Senate Bill sb2714
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Florida Senate - 2007 SB 2714
By Senator Diaz de la Portilla
36-1687-07
1 A bill to be entitled
2 An act relating to resolution of collective
3 bargaining impasses for public employees;
4 amending s. 447.203, F.S.; defining the board
5 of county commissioners as the "legislative
6 body" with respect to collective bargaining
7 involving employees of a sheriff; amending s.
8 447.403, F.S.; precluding the sheriff from
9 presiding over certain impasse proceedings;
10 authorizing the sheriff to declare an impasse
11 or be a party in impasse proceedings; providing
12 an effective date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Subsection (10) of section 447.203, Florida
17 Statutes, is amended to read:
18 447.203 Definitions.--As used in this part:
19 (10) "Legislative body" means the State Legislature,
20 the board of county commissioners, the district school board,
21 the governing body of a municipality, or the governing body of
22 an instrumentality or unit of government having authority to
23 appropriate funds and establish policy governing the terms and
24 conditions of employment and which, as the case may be, is the
25 appropriate legislative body for the bargaining unit. For
26 purposes of s. 447.403, the state university board of trustees
27 shall be deemed to be the legislative body with respect to all
28 employees of the state university. For purposes of s. 447.403
29 the board of trustees of a community college shall be deemed
30 to be the legislative body with respect to all employees of
31 the community college. For the purposes of s. 447.403, if the
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Florida Senate - 2007 SB 2714
36-1687-07
1 public employer is the sheriff, the board of county
2 commissioners of the county served by the sheriff shall be
3 deemed to be the legislative body with respect to all
4 employees of the sheriff.
5 Section 2. Subsection (2) of section 447.403, Florida
6 Statutes, is amended to read:
7 447.403 Resolution of impasses.--
8 (2)(a) If no mediator is appointed, or upon the
9 request of either party, the commission shall appoint, and
10 submit all unresolved issues to, a special magistrate
11 acceptable to both parties. If the parties are unable to agree
12 on the appointment of a special magistrate, the commission
13 shall appoint, in its discretion, a qualified special
14 magistrate. However, if the parties agree in writing to waive
15 the appointment of a special magistrate, the parties may
16 proceed directly to resolution of the impasse by the
17 legislative body pursuant to paragraph (4)(d). Nothing in this
18 section precludes the parties from using the services of a
19 mediator at any time during the conduct of collective
20 bargaining.
21 (b) If the Governor is the public employer, no special
22 magistrate shall be appointed. The parties may proceed
23 directly to the Legislature for resolution of the impasse
24 pursuant to paragraph (4)(d).
25 (c) If the sheriff is a public employer, the sheriff
26 may not preside over any stage of the impasse proceedings.
27 This does not preclude the sheriff, as a public employer, from
28 declaring an impasse or from being a party to an impasse
29 proceeding.
30 Section 3. This act shall take effect July 1, 2007.
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Florida Senate - 2007 SB 2714
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2 SENATE SUMMARY
3 Defines the board of county commissioners as the
"legislative body" with respect to employees of a county
4 sheriff. Precludes the sheriff from presiding over
certain impasse proceedings. Allows the sheriff to
5 declare an impasse or be a party in impasse proceedings.
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