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.