HOUSE AMENDMENT
                                                   Bill No. HB 369   Barcode 622703
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  The Procedural & Redistricting Council offered the following:
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13         Amendment to Substitute Amendment (824029) 
14         On page 41, line 22 through page 43, line 27,
15  remove from the substitute amendment:  all of said lines
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17  and insert in lieu thereof:  rebuttal must be substantiated.
18  Any any employee who is suspended or dismissed on or after
19  January 1, 2002, pursuant to the provisions of this paragraph
20  shall be entitled to a hearing before the circuit court, or
21  the aggrieved employee may request voluntary binding
22  arbitration as provided in s. 109.240 Public Employees
23  Relations Commission or its designated agent pursuant to s.
24  447.208, except that such hearing shall be held no more than
25  20 days after the filing of the notice of appeal by the
26  employee. Appeals based on the protections provided by the
27  Whistle-blower's Act, ss. 112.3187-112.31895, must be filed
28  with the Commission on Human Relations as provided for in that
29  act.
30         (6)  For any alleged adverse agency action against an
31  employee, other than a law enforcement or correctional officer
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    File original & 9 copies    03/20/01                          
    hpc0002                     03:42 pm         00369-prc -622703

HOUSE AMENDMENT Bill No. HB 369 Barcode 622703 Amendment No. ___ (for drafter's use only) 1 or a firefighter, occurring on or after July 1, 2001, the 2 adversely affected employee bears the burden of proof to 3 establish by preponderance of the evidence that the agency 4 head abused his or her discretion in suspending, dismissing, 5 reducing the pay of, demoting, laying off, or transferring 6 that employee and that no reasonable cause existed for the 7 alleged adverse action taken by the agency, or that the 8 alleged adverse action was in violation of s. 109.233. For any 9 alleged adverse agency action against a law enforcement or 10 correctional officer or a firefighter occurring on or after 11 July 1, 2001, the agency must prove just cause for suspending, 12 dismissing, reducing the pay of, demoting, laying off, or 13 transferring that employee. 14 (7)(6) A grievance process shall be available to 15 career service employees. A grievance is defined as the 16 dissatisfaction that occurs when an employee believes thinks 17 or feels that any condition affecting the employee is unjust, 18 inequitable, or a hinderance to effective operation, or 19 creates a problem, except that an employee shall not have the 20 right to file a grievance against performance evaluations 21 unless the employee alleges it is alleged that the evaluation 22 is based on factors other than the employee's performance. 23 Claims of discrimination and sexual harassment, suspensions, 24 reductions in pay, transfers, layoffs, demotions, and 25 dismissals are not subject to the career service grievance 26 process. 27 (8)(7) The department shall adopt rules for 28 administration of the grievance process for career service 29 employees. Such rules shall establish agency grievance 30 procedures, eligibility, filing deadlines, forms, and review 31 and evaluation governing the grievance process. 2 File original & 9 copies 03/20/01 hpc0002 03:42 pm 00369-prc -622703
HOUSE AMENDMENT Bill No. HB 369 Barcode 622703 Amendment No. ___ (for drafter's use only) 1 Section 51. Effective January 1, 2002, paragraph (a) 2 of subsection (5) of section 109.227, Florida Statutes, as 3 renumbered and amended by this act, is amended to read: 4 109.227 Suspensions, dismissals, reductions in pay, 5 demotions, layoffs, transfers, and grievances.-- 6 (5)(a) Any permanent career service employee who is 7 subject to suspension or dismissal shall receive written 8 notice of such action at least 10 days prior to the date such 9 action is to be taken. Subsequent to such notice, and prior to 10 the date the action is to be taken, an affected employee other 11 than a law enforcement or correctional officer or a 12 firefighter shall be given an opportunity to appear before the 13 agency head or the agency head's designee to rebut the 14 conclusion that reasonable grounds exist for the suspension or 15 dismissal. Subsequent to such notice, and prior to the date 16 the action is to be taken, an affected law enforcement or 17 correctional officer or a firefighter shall be given an 18 opportunity to appear before the agency or official taking the 19 action to answer orally and in writing the charges against him 20 or her. The notice to the employee required by this paragraph 21 may be delivered to the employee personally or may be sent by 22 certified mail with return receipt requested. An an employee 23 who is suspended or dismissed on or after January 1, 2002, 24 shall be 25 26 27 28 29 30 31 3 File original & 9 copies 03/20/01 hpc0002 03:42 pm 00369-prc -622703