HB 1705

CS

CHAMBER ACTION

1	The Governmental Operations Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to Lake County; amending chapter 93-358,
7	Laws of Florida; revising provisions governing career
8	service with the Lake County Sheriff's Office; revising
9	definitions; deleting provisions relating to the
10	establishment of divisions within the office; providing
11	effect of voluntary and involuntary termination of
12	employment on career service status; authorizing demotion
13	of certain employees without cause; providing an effective
14	date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Chapter 93-358, Laws of Florida, is amended to
19	read:
20	Section 1.  Applicability.--Except as otherwise provided
21	herein, the provisions of this act shall apply to all employees,
22	as hereinafter defined, of the Lake County Sheriff. The
23	provisions of this act shall not apply to the sheriff; or to
24	special deputy sheriffs appointed pursuant to section 30.09(4),
25	Florida Statutes; or to members of the sheriff's reserve,
26	auxiliary, posse, volunteers, and task force members, as may be
27	defined by the Criminal Justice Standards and Training
28	Commission. This act is not intended to grant collective
29	bargaining rights to employees of the Lake County Sheriff who do
30	not otherwise have those rights pursuant to law.
31	Section 2.  Definitions.--As used in this act:
32	(1)  "CAREER SERVICE EMPLOYEE" means an employee of the
33	Lake County Sheriff's Office who has satisfactorily completed 1
34	year of continuous employment in any one division of the office,
35	and who is not on extended probation, and who is not a part-
36	time, temporary, or contractual employee.
37	(2)  "CAREER SERVICE STATUS" means tenured employment with
38	the Lake County Sheriff's Office attained by a career service
39	employee.
40	(3)  "OFFICE" means the Lake County Sheriff's Office.
41	(4)  "DIVISION" means all divisions of the Lake County
42	Sheriff's Office the Enforcement Division or the Support
43	Division, as set forth in section 3.
44	(5)  "EMPLOYEE" means any deputy sheriff and detention
45	deputy not otherwise excluded by this act and all full-time
46	employees of the Lake County Sheriff's Office.
47	(6)  "EXTENDED PROBATION" means a period of time in excess
48	of 1 year in which a new employee is subject to evaluation in
49	order to ascertain the employee's fitness for employment by the
50	Lake County Sheriff's Office, not to exceed 6 months.
51	(7)  "SHERIFF" means the Sheriff of Lake County.
52	(8)  "FOR CAUSE" means termination, suspension, or demotion
53	of an employee for misfeasance, malfeasance, or nonfeasance,
54	which renders the continuance of the employee in his or her
55	position detrimental to the discipline or efficiency of the
56	office, as determined by the Sheriff of Lake County.
57	Section 3.  Establishment of divisions.--There is hereby
58	established the following employment divisions within the Lake
59	County Sheriff's Office:
60	(1)  The Enforcement Division, includes all commissioned
61	deputy sheriffs who hold valid and current certificates as law
62	enforcement officers issued by the Criminal Justice Standards
63	and Training Commission and who are covered by this act.
64	(2)  The Support Division, includes all other employees of
65	the department covered by this act.
66	Section 3.4.  Career service.--
67	(1)  Except as otherwise provided in subsection (2), an
68	employee may be terminated by the Lake County Sheriff at any
69	time with or without cause unless the employee has attained and
70	holds career service status. All employees who have attained and
71	hold career service status may be terminated only for cause, as
72	herein defined.
73	(2)  An employee who voluntarily terminates employment with
74	the Lake County Sheriff's Office or and who is involuntarily
75	terminated does not become reemployed with the Lake County
76	Sheriff's Office within 90 days ceases to have career service
77	status if again employed by the Lake County Sheriff's Office
78	until same is earned again.
79	Section 4.5.  Termination, suspension, and demotion.--Any
80	employee of the office, whether having attained career service
81	status or not, may be terminated, suspended, demoted, or
82	reprimanded by the Lake County Sheriff at any time for cause, as
83	herein defined.
84	Section 5.6.  Transition.--A newly elected or appointed
85	sheriff may demote without cause to the rank of lieutenant any
86	career service employee who holds the rank of undersheriff,
87	chief, chief deputy, major, captain, administrative assistant,
88	or general counsel legal advisor, or any equivalent rank, at the
89	time the newly elected or appointed sheriff takes office.
90	Section 6.7.  Promotions.--Notwithstanding anything
91	contained herein to the contrary, any career service employee
92	required to serve a probationary period attendant or incidental
93	to a promotion may be demoted with or without cause to the
94	employee's prior rank at any time during such probationary
95	period, but any such employee does not lose career service
96	status.
97	Section 7.8.  Current employees.--Effective upon this act
98	becoming law, all current employees of the Lake County Sheriff
99	who have satisfactorily completed 1 year of continuous
100	employment in the Lake County Sheriff's Office and who are not
101	on extended probation shall be granted career service status.
102	All other employees shall attain career service status upon
103	reaching their 1 calendar year service anniversary date and
104	completing their probationary period.
105	Section 8.9.  Administration.--The sheriff is hereby
106	empowered to adopt rules and regulations for the administration
107	and implementation of this act.
108	Section 2.  This act shall take effect July 1, 2005.

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