HB 1705

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

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