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
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    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.