Florida Senate - 2014 SB 816
By Senator Bradley
7-00663B-14 2014816__
1 A bill to be entitled
2 An act relating to collective bargaining for certain
3 public employees; amending s. 447.203, F.S.;
4 redefining the term “legislative body”; specifying
5 that, for purposes of resolving an impasse issue
6 unrelated to wages, the sheriff, tax collector,
7 property appraiser, supervisor of elections, or clerk
8 of the circuit court is the legislative body for his
9 or her respective employees; providing an exception;
10 providing that, in a county that abolishes the office
11 of sheriff, tax collector, property appraiser,
12 supervisor of elections, or clerk of the circuit court
13 by vote of the electors and transfers his or her
14 duties to another officer, such officer is the
15 legislative body for resolving an impasse issue
16 unrelated to wages unless such transfer is
17 inconsistent with general law or a special law
18 approved by a vote of the electors of such county;
19 defining the term “wages”; amending s. 447.403, F.S.;
20 requiring the board of county commissioners to provide
21 supplemental funds to a county constitutional officer
22 if resolution of a disputed impasse issue over wages
23 exceeds the officer’s final offer; authorizing the
24 county constitutional officer to apply to the circuit
25 court if the board of county commissioners fails to
26 provide such funds; providing construction; providing
27 an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Subsection (10) of section 447.203, Florida
32 Statutes, is amended to read:
33 447.203 Definitions.—As used in this part:
34 (10) “Legislative body” means the State Legislature, the
35 board of county commissioners, the district school board, the
36 governing body of a municipality, or the governing body of an
37 instrumentality or unit of government having authority to
38 appropriate funds and establish policy governing the terms and
39 conditions of employment and which, as the case may be, is the
40 appropriate legislative body for the bargaining unit.
41 (a) For purposes of s. 447.403, the Board of Governors of
42 the State University System, or the board’s designee, is shall
43 be deemed to be the legislative body with respect to the all
44 employees of each constituent state university.
45 (b) For purposes of s. 447.403, the board of trustees of a
46 Florida College System institution is community college shall be
47 deemed to be the legislative body with respect to all employees
48 of the Florida College System institution community college.
49 (c) For purposes of s. 447.403, and as constitutional
50 officers under s. 1(d), Art. VIII of the State Constitution, the
51 sheriff, tax collector, property appraiser, supervisor of
52 elections, or clerk of the circuit court is the legislative body
53 for his or her respective employees except that the board of
54 county commissioners is the legislative body with respect to
55 disputed impasse issues over wages. If a county charter approved
56 by a vote of the electors of the county has expressly abolished
57 the office of sheriff, tax collector, property appraiser,
58 supervisor of elections, or clerk of the circuit court and
59 expressly transferred the abolished officer’s duties to another
60 officer, such officer shall be the legislative body with respect
61 to disputed impasse issues other than those over wages unless
62 the charter is inconsistent with general law or a special law
63 approved by a vote of the electors of such county. For purposes
64 of this section and s. 447.403, the term “wages” means the base
65 salary or base salary adjustments of employees who are members
66 of a bargaining unit.
67 Section 2. Present subsection (5) of section 447.403,
68 Florida Statutes, is redesignated as subsection (6), and a new
69 subsection (5) is added to that section, to read:
70 447.403 Resolution of impasses.—
71 (5) If the resolution of a disputed impasse issue over
72 wages by the board of county commissioners provides for an
73 increase over the county constitutional officer’s final offer at
74 impasse and is resolved after the beginning of the fiscal year,
75 the board of county commissioners shall provide supplemental
76 funds to the county constitutional officer sufficient to fund
77 the wages that exceed the county constitutional officer’s final
78 offer at impasse. If the resolution of a disputed impasse issue
79 over wages impacts an upcoming fiscal year, the board of county
80 commissioners shall provide the funds necessary for the county
81 constitutional officer to maintain the same staffing levels as
82 the previous fiscal year. If the board of county commissioners
83 fails to provide such funds, the county constitutional officer
84 may apply to the circuit court for an order requiring the board
85 of county commissioners to appropriate the necessary funding to
86 the county constitutional officer. Notwithstanding this
87 subsection, the county constitutional officer and his or her
88 respective employees who are members of the bargaining unit are
89 the parties required to approve a collective bargaining
90 agreement pursuant to s. 447.309. This subsection may not be
91 interpreted to impair or limit the ability of a county
92 constitutional officer to appeal his or her budget as otherwise
93 provided by law.
94 Section 3. This act shall take effect July 1, 2014.