House Bill hb1453

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    Florida House of Representatives - 2002                HB 1453

        By Representative Betancourt






  1                      A bill to be entitled

  2         An act relating to public employees; amending

  3         s. 110.227, F.S.; repealing a prohibition

  4         against state personnel rules that prohibit

  5         "bumping"; providing for layoff guidelines and

  6         procedures; providing for notice of layoffs;

  7         amending s. 447.207, F.S.; prescribing a time

  8         within which notice of certain appeals must be

  9         filed with the Public Employees Relations

10         Commission; empowering the commission to hear

11         appeals of layoffs; providing an effective

12         date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Subsections (2) and (3) and paragraph (a)

17  of subsection (5) of section 110.227, Florida Statutes, are

18  amended to read:

19         110.227  Suspensions, dismissals, reductions in pay,

20  demotions, layoffs, transfers, and grievances.--

21         (2)  The department shall establish rules and

22  procedures for the suspension, reduction in pay, transfer,

23  layoff, demotion, and dismissal of employees in the career

24  service. Except with regard to law enforcement or correctional

25  officers, firefighters, or professional health care providers,

26  rules regarding layoff procedures shall not include any system

27  whereby a career service employee with greater seniority has

28  the option of selecting a different position not being

29  eliminated, but either vacant or already occupied by an

30  employee of less seniority, and taking that position, commonly

31  referred to as "bumping." For the implementation of layoffs as

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    Florida House of Representatives - 2002                HB 1453

    573-157-02






  1  defined in s. 110.203, the department shall develop rules

  2  requiring that consideration be given to comparative merit,

  3  demonstrated skills, seniority, and the employee's experience.

  4  Such rules shall be approved by the Administration Commission

  5  prior to their adoption by the department.

  6         (3)(a)  With regard to law enforcement or correctional

  7  officers, firefighters, or professional health care providers,

  8  When a layoff becomes necessary, such layoff shall be

  9  conducted within the competitive area identified by the agency

10  head and approved by the Department of Management Services.

11  Such competitive area shall be established taking into

12  consideration the similarity of work; the organizational unit,

13  which may be by agency, department, division, bureau, or other

14  organizational unit; and the commuting area for the work

15  affected.

16         (b)  With regard to law enforcement or correctional

17  officers, firefighters, or professional health care providers,

18  Layoff procedures shall be developed to establish the relative

19  merit and fitness of employees and shall include a formula for

20  uniform application among all employees in the competitive

21  area, taking into consideration the type of appointment, the

22  length of service, and the evaluations of the employee's

23  performance within the last 5 years of employment.

24         (5)(a)  A permanent career service employee who is

25  subject to a suspension, reduction in pay, demotion, layoff,

26  or dismissal shall receive written notice of such action at

27  least 10 days prior to the date such action is to be taken.

28  Subsequent to such notice, and prior to the date the action is

29  to be taken, the affected employee shall be given an

30  opportunity to appear before the agency or official taking the

31  action to answer orally and in writing the charges against him

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    Florida House of Representatives - 2002                HB 1453

    573-157-02






  1  or her. The notice to the employee required by this paragraph

  2  may be delivered to the employee personally or may be sent by

  3  certified mail with return receipt requested. Such actions

  4  shall be appealable to the Public Employees Relations

  5  Commission as provided in subsection (6). Written notice of

  6  any such appeal shall be filed by the employee with the

  7  commission within 14 calendar days after the date on which the

  8  notice of suspension, reduction in pay, demotion, or dismissal

  9  is received by the employee.

10         Section 2.  Subsection (8) of section 447.207, Florida

11  Statutes, is amended to read:

12         447.207  Commission; powers and duties.--

13         (8)  The commission or its designated agent shall hear

14  appeals arising out of any suspension, reduction in pay,

15  demotion, layoff, or dismissal of any permanent employee in

16  the State Career Service System in the manner provided in s.

17  110.227. Written notice of such an appeal must be filed with

18  the commission within 14 calendar days after the date on which

19  the notice of suspension, reduction in pay, demotion, layoff,

20  or dismissal is received by the employee.

21         Section 3.  This act shall take effect July 1, 2002.

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23            *****************************************

24                          SENATE SUMMARY

25    Repeals the prohibition against state personnel rules
      that allow "bumping" of less-senior employees in layoffs.
26    Provides guidelines and requires procedures for layoffs.
      Provides for notice of layoffs and for an opportunity for
27    an affected employee to be heard. Authorizes the Public
      Employees Relations Commission to hear appeals arising
28    out of layoffs. Prescribes a time within which notice of
      any appeal to the commission must be given to the
29    commission.

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