This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h5005.APC
DATE: 2/1/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 5005 PCB APC 24-03 Collective Bargaining
SPONSOR(S): Appropriations Committee, Leek
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Appropriations Committee 27 Y, 0 N Willson Pridgeon
SUMMARY ANALYSIS
The bill directs that the resolution of collective bargaining issues at impasse for the 2024-2025 fiscal year
regarding state employees will ultimately be resolved based on the spending decisions included in the General
Appropriations Act or legislation implemented for that Act for the 2024-2025 fiscal year.
The bill has an effective date of July 1, 2024. STORAGE NAME: h5005.APC PAGE: 2
DATE: 2/1/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Chapter 447, F.S., specifies the process for collective bargaining for public employees. The bargaining
agent and the negotiator for the state must bargain collectively in the determination of the wages,
hours, and terms and conditions of employment of the employees within the bargaining unit. Any
collective bargaining agreement reached must be reduced to writing, signed by the chief executive
officer for the state and the bargaining agent for the union, and submitted to the members of the
bargaining unit for ratification.
Upon execution of the collective bargaining agreement, the Governor must request the legislative body
to appropriate amounts sufficient to fund the provisions of the agreement. If the Legislature
appropriates funds that are not sufficient to fund the agreement, the agreement must be administered
on the basis of the amounts actually appropriated.
Typically, at the state level, an agreement is not reached on all issues. In that instance, and pursuant to
s. 216.163(6), F.S., an impasse is declared on all unresolved issues when the Governor’s budget
recommendations are released. By the first day of the regular legislative session, each party must notify
the presiding officers of the Legislature of any unresolved issues.
1
A joint select committee of members
of the Florida House of Representatives and the Senate is appointed to review the positions of the
parties relating to the unresolved issues. No later than the 14th day of the regular session, the
committee must hold a public meeting and take public testimony regarding the issues at impasse.
2
During the session, the Legislature must take action to resolve all issues remaining at impasse. Any
actions taken by the Legislature are binding on the parties.
3
Following the resolution of the impasse issues, the parties are required to reduce to writing an
agreement that includes those issues agreed to by the parties as well as those issues resolved by the
Legislature. As noted above, the agreement must be signed by the chief executive officer and the
bargaining agent and presented to the members of the bargaining unit for ratification.
If the members ratify the agreement, all the provisions of the agreement take effect. If the members do
not ratify the agreement, the issues resolved by the Legislature take effect for the next fiscal year that
were the subject of the negotiations.
The certified bargaining units for state employees and the respective bargaining agents include:
American Federation of State, County and Municipal Employees, Council 79
Administrative and Clerical Unit
Operational Services Unit
Human Services Unit
Professional Unit
Florida Nurses Association
Professional Health Care Unit
Florida State Lodge Fraternal Order of Police
Special Agent Unit
Federation of Physicians and Dentists and State Employees Attorneys Guild
1
s. 447.403(5)(a), F.S.
2
Id.
3
s. 447.403(5)(b), F.S. STORAGE NAME: h5005.APC PAGE: 3
DATE: 2/1/2024
Supervisory Non-professional Unit
Physicians Unit
Attorneys Unit
Florida State Fire Service Association
Fire Service Unit
Police Benevolent Association
Law Enforcement Unit
Florida Highway Patrol Unit
Lottery Law Enforcement Unit
Security Services Unit
Federation of Public Employees
Lottery Administrative and Support Unit
Effect of the Bill
The bill provides that all economic issues at impasse for the 2024-2025 fiscal year regarding state
employees will be resolved pursuant to instructions provided in the General Appropriations Act for the
2024-2025 fiscal year and the relevant provisions of any legislation enacted to implement the General
Appropriations Act.
B. SECTION DIRECTORY:
Section 1: Provides for resolution of collective bargaining issues at impasse between the State of
Florida and certified collective bargaining units pursuant to specified instructions.
Section 2: Provides effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS: STORAGE NAME: h5005.APC PAGE: 4
DATE: 2/1/2024
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMI TTEE SUBSTITUTE CHANGES