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





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 815

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Governmental Operations offered the

12  following:

13

14         Substitute Amendment for Amendment (200433) (with title

15  amendment) 

16  Remove from the bill:  Everything after the enacting clause

17

18  and insert in lieu thereof:

19         Section 1.  This act constitutes the codification of

20  chapter 89-516, Laws of Florida, relating to the Osceola

21  County Sheriff's Office.  It is the intent of the Legislature

22  in enacting this law to provide a single, comprehensive

23  special act, including current legislative authority and any

24  additional authority granted by this act.

25         Section 2.  Chapter 89-516, Laws of Florida, is

26  codified and repealed as provided by this act.

27         Section 3.  The Osceola County Sheriff's Office Civil

28  Service Act is re-created and reenacted to read:

29         Section 1.  Members of the Osceola County Sheriff's

30  Office; applicability of the act; career services of agency

31  members; transition; administration.--

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 815

    Amendment No.     (for drafter's use only)





 1         (1)  Applicability.--The provisions of this act shall

 2  apply to all appointed deputy sheriffs and nonappointed

 3  members of the Osceola County Sheriff's Office.  The

 4  provisions of this act shall not apply to the sheriff; nor to

 5  those above the rank of lieutenant; nor to special deputy

 6  sheriffs appointed pursuant to section 30.09(4), Florida

 7  Statutes, members of the sheriff's reserve, auxiliary, posse

 8  units, volunteers, task force members, and individuals

 9  appointed as part-time deputy sheriffs, as defined by the

10  Criminal Justice Standards and Training Commission.  As used

11  in this act, the terms "member," "personnel," "employee,"

12  "employ," and "employment" shall refer to all persons, whether

13  employed or appointed, to whom the act applies. It is not,

14  however, the intent of this act to grant the right of

15  collective bargaining to members of the Osceola County

16  Sheriff's Office who do not otherwise have that right pursuant

17  to law.

18         (2)  Career Service positions.--

19         (a)  The following Career Service positions are

20  established and recognized:

21         1.  Level 4 lieutenant.

22         2.  Level 3 sergeant.

23         3.  Level 2 deputy sheriff.

24         4.  Level 1 nonappointed.

25         (b)  Promotions above level 1 shall be made by

26  content-valid examinations according to the agency's

27  promotional system.  All promotions to the rank of sergeant

28  and lieutenant made after the effective date of this act must

29  be as a result of said competitive examinations.

30         (3)  Career Service status.--

31         (a)  After a member of the Sheriff's Office, to whom

                                  2

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 815

    Amendment No.     (for drafter's use only)





 1  the provisions of this act apply, has served for a period of

 2  one (1) calendar year, such member shall have attained Career

 3  Service status, unless the member is placed on extended

 4  probation for just cause.

 5         (b)  Effective upon this act becoming a law, all

 6  current nonprobationary members of the Sheriff's Office will

 7  be granted Career Service status at the rank which they

 8  currently hold, provided that said member currently holds a

 9  Career Service rank.

10         (c)  If a member is separated but later rejoins the

11  Sheriff's Office, said member shall be required to complete

12  one (1) further calendar year of service before being granted

13  the right of appeal provided in section 4.

14         (d)  Any member who is required to serve a probationary

15  period attendant to a promotion shall retain Career Service

16  status with the Sheriff, but may be demoted to his/her prior

17  rank during such probationary period without the right of

18  appeal as provided in section 4.

19         (e)  A member demoted to a Career Service rank from a

20  non-Career Service rank shall complete a one (1) year

21  probationary period in the Career Service rank before being

22  eligible to protection offered with Career Services status.

23         (f)  Promotions or demotions of members or creation of

24  rank to circumvent the intent of this act shall be held as

25  invalid and shall not affect the Career Service status of any

26  member affected by such invalid action.

27         (4)  Transition of Career Service members.--

28         (a)  When a newly elected or appointed sheriff assumes

29  office, the new sheriff shall continue the status of current

30  Career Service personnel unless cause for dismissal or

31  demotion exists.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 815

    Amendment No.     (for drafter's use only)





 1         (b)  Cause shall be misfeasance, nonfeasance, or

 2  malfeasance of office.

 3         (c)  Said Career Service members shall retain their

 4  Career Service ranks up to and including the rank of

 5  lieutenant.

 6         (5)  Administration.--The sheriff has and shall

 7  continue to have the authority to adopt such rules,

 8  regulations, and procedures as are necessary for the

 9  implementation and administration of this act, including, but

10  not limited to, appeal hearing proceedings. Nothing in this

11  act shall be construed as affecting the budgetmaking powers of

12  the Board of County Commissioners of Osceola County.

13         Section 2.  Complaints against members; standards of

14  conduct; discipline; discipline appeals.--

15         (1)  Standards of conduct and complaint procedure.--The

16  sheriff shall establish general rules and standards of conduct

17  for all personnel and a complaint receipt and processing

18  procedure in order to adequately provide for the prompt

19  receipt, investigation, and disposition of complaints against

20  personnel of the Sheriff of Osceola County.

21         (2)  Discipline procedure.--A discipline procedure

22  shall be established which contains provisions for factual

23  review of each disciplinary action by the sheriff's director

24  of personnel, or other person so designated by the sheriff,

25  and an opportunity for the accused to respond to the charges.

26  A decision by the disciplining authority to impose a

27  disciplinary action shall result in the completion of a Notice

28  of Disciplinary Action form by the disciplining authority.

29         (3)  Discipline appeal procedure.--

30         (a)  An appeal of a Notice of Disciplinary Action must

31  be made in accordance with the sheriff's disciplinary

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 815

    Amendment No.     (for drafter's use only)





 1  procedure and shall result in a hearing by a departmental

 2  Disciplinary Appeal Board as specified in said procedure.  The

 3  sheriff shall appoint the chairperson and the board shall

 4  serve as specified in the discipline procedure.

 5         (b)  Following the hearing, the board shall report to

 6  the sheriff via the director of personnel, or other person so

 7  designated by the sheriff, specifying whether the appeal is

 8  with or without merit.

 9         (c)  The sheriff shall render a decision in writing

10  that shall be final.

11         Section 3.  Career Service Board; creation; membership

12  duties.--

13         (1)  Function of the board.--A Career Service Appeals

14  Board shall be appointed herein for the purposes of hearing

15  appeals of Career Service members arising from disciplinary

16  actions brought under the sheriff's rules, procedures, or

17  policies which result in dismissal, suspension, demotion, or

18  reduction in pay, provided that oral or written reprimand,

19  probation, and suspension from work for three (3) work days or

20  less as a result of a single investigation shall not be

21  appealable to the board.

22         (2)  Membership of the Career Service Board.--The

23  Career Service Board shall consist of five (5) members, none

24  of whom shall have been involved in the original event which

25  resulted in the disciplinary process that is the subject of

26  the appeal, none of whom are related to the appellant, none of

27  whom have been terminated from a law enforcement agency within

28  Osceola County due to a disciplinary action, none of whom have

29  any ongoing litigation against the Osceola Sheriff's Office,

30  and none of whom are on probation or have received discipline

31  within the last year.  A method of selection and terms of

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 815

    Amendment No.     (for drafter's use only)





 1  office are as follows:

 2         (a)  The sheriff shall appoint two full-time law

 3  enforcement officers from an agency within Osceola County to

 4  serve on the board only with regard to the appellant's

 5  particular appeal.

 6         (b)  The appellant shall appoint two full-time law

 7  enforcement officers from an agency within Osceola County to

 8  serve on the board only with regard to the appellant's

 9  particular appeal.

10         (c)  The four members of the board, having been

11  selected as per paragraphs (a) and (b) shall between them

12  select a full-time law enforcement officer employed at the

13  Osceola County Sheriff's Office to serve as the fifth member

14  and chairperson of the board. This chairperson/member shall

15  serve only with regard to the appellant's particular appeal.

16         (d)  In the event that either the sheriff or the

17  appellant's appointees to the board do not qualify as per

18  subsection (2), an alternate name shall be submitted to the

19  career service administrator by the applicable party within

20  three (3) working days of notification of the

21  disqualification.

22         (e)  The appeal board will be declared at an impasse by

23  the administrator if the four members fail to agree on a fifth

24  member/chairperson. After declaring an impasse, the

25  administrator shall notify the sheriff or his/her designated

26  representative and the appellant. To break the impasse, the

27  administrator may utilize the following options:

28         1.  The sheriff and/or appellant may choose to appoint

29  new board members or retain the present appointees.

30         2.  If neither party wishes to replace their

31  appointees, or if new appointees still result in an impasse,

                                  6

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 815

    Amendment No.     (for drafter's use only)





 1  the administrator shall contact a circuit or county judge and

 2  request the court appoint a fifth member to serve as a

 3  chairperson from a current roster of law enforcement officers

 4  employed on a full-time basis at the Osceola Sheriff's Office.

 5         (f)  All five members, as provided for above, shall

 6  constitute a quorum.

 7         (g)  Seated board members may not be replaced or

 8  substituted without advanced approval of the entire remaining

 9  board.

10         (h)  The sheriff shall select a member of the Osceola

11  County Sheriff's Office to serve as the administrator of the

12  Career Service Board.  This administrator shall have no voting

13  right as to the actions of the board and shall serve only to

14  assist the board in scheduling, recording, the calling of

15  witnesses, and other such administrative duties and shall be

16  responsible for advising the board of the board's

17  responsibilities under the provisions of this act.

18         Section 4.  Career Service Board appeal procedure.--

19         (1)  Timeliness.--A Career Service appeal of the final

20  decision of the sheriff on a disciplinary action as specified

21  in section 2(3)(c) shall be made in writing to the

22  administrator of the Career Service Board.  The Career Service

23  appeal must be received by the administrator no later than

24  five (5) working days after the disciplined individual is

25  served with the sheriff's final decision. Said appeal shall

26  include the names of the two members of the board selected by

27  the appellant as provided in section 3(2)(b). The Career

28  Service Board shall meet for purposes of hearing the appeal no

29  later than thirty (30) working days after the receipt of an

30  appeal by the administrator.

31         (2)  Conduct of hearing.--

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 815

    Amendment No.     (for drafter's use only)





 1         (a)  During any Career Service hearing the member

 2  filing the appeal shall have the right to be heard publicly,

 3  to be represented by an individual of his/her choice, other

 4  than an elected or appointed official of Osceola County or an

 5  attorney licensed to practice law in the State of Florida, and

 6  to present any evidentiary facts in his/her behalf, however,

 7  said facts shall be restricted to those presented during the

 8  disciplinary procedure.

 9         (b)  During such hearings, the technical rules of

10  evidence shall not apply.

11         (c)  The board shall, in the conduct of such hearings,

12  have the power to administer oaths, issue subpoenas, compel

13  the attendance of witnesses, and require the production of

14  books, records, accounts, papers, documents, and testimony.

15         (d)  In the event of disobedience by any person to

16  comply with an order of the board or a subpoena issued by the

17  board, or upon refusal of a witness to testify on any matter

18  regarding which he/she may be lawfully interrogated, a Circuit

19  Judge of the Ninth Judicial Circuit, upon application of the

20  chairperson of the board, shall compel obedience by proceeding

21  as for contempt.

22         (e)  Each witness who appears in obedience to a

23  subpoena before the board shall receive compensation for

24  attendance fees and mileage as provided witnesses in civil

25  cases in the courts of this state unless the witness is a law

26  enforcement officer appearing before the board during normal

27  duty hours. Such payments shall be made by the party calling

28  the witness; except that with respect to any witness called by

29  the board, payments shall be made by the sheriff upon

30  presentation of proper vouchers and approval of the

31  chairperson and administrator.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 815

    Amendment No.     (for drafter's use only)





 1         (f)  The board shall have the power to enact, adopt,

 2  and amend rules and regulations governing procedures before

 3  the board.

 4         (3)  Board responsibilities and findings.--

 5         (a)  The board shall, by majority vote, dispose of the

 6  appeal by making findings of fact and issuing a written

 7  decision to the sheriff and the appellant.

 8         (b)  Such decision shall either sustain or not sustain

 9  the action being appealed.

10         (c)  If an action by the sheriff is not sustained by

11  the board, the board shall offer such remedial action as is

12  appropriate, which may include reinstatement with or without

13  back pay and may modify any disciplinary action which was the

14  subject of the appeal.

15         (d)  No board shall have the authority to impose on any

16  member any penalty which is more harsh than that which formed

17  the basis of the appeal.

18         (e)  The decision of the board shall be final and

19  binding on the appellant and the sheriff.

20         Section 5.  All persons to whom this act applies as

21  specified in section 1 who have served for a period of one (1)

22  calendar year or more as of the effective date of this act

23  shall be Career Service members subject to the provisions of

24  this act.  All other members shall become Career Service

25  members subject to the provisions of this act upon reaching

26  their one (1) year service anniversary date.

27         Section 4.  The provisions of this act shall be

28  severable and, if any of the provisions shall be

29  unconstitutional, the decision of the court shall not affect

30  the validity of the remaining provisions.  It is hereby

31  declared to be the intent of the Legislature that this act

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 815

    Amendment No.     (for drafter's use only)





 1  would have been adopted had such unconstitutional provision

 2  not been included therein.

 3         Section 5.  Chapter 89-516, Laws of Florida, is

 4  repealed.

 5         Section 6.  This act shall take effect upon becoming a

 6  law.

 7

 8

 9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         On page 1, lines 2-14,

12  remove from the title of the bill:  all of said lines

13

14  and insert in lieu thereof:

15         An act relating to Osceola County; providing

16         Career Service status for certain members of

17         the Osceola County Sheriff's Office; providing

18         for codification of chapter 89-516, Laws of

19         Florida; specifying rights of members;

20         providing promotional procedures and Career

21         Service positions; providing for the

22         appointment of a Career Service board to hear

23         appeals and procedures with respect thereto;

24         specifying a disciplinary policy and providing

25         procedures of appeal and complaint handling;

26         repealing chapter 89-516, Laws of Florida;

27         providing an effective date.

28

29

30

31

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