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.

31  

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    Florida Senate - 2007                                  SB 2714
    36-1687-07




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