Senate Bill sb2670

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    Florida Senate - 2005        (NP)                      SB 2670

    By Senator Baker





    20-1630-05                                              See HB

  1                      A bill to be entitled

  2         An act relating to Lake County; amending

  3         chapter 93-358, Laws of Florida; revising

  4         provisions governing career service with the

  5         Lake County Sheriff's Office; revising

  6         definitions; deleting provisions relating to

  7         the establishment of divisions within the

  8         office; providing effect of voluntary and

  9         involuntary termination of employment on career

10         service status; authorizing demotion of certain

11         employees without cause; providing an effective

12         date.

13  

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

15  

16         Section 1.  Chapter 93-358, Laws of Florida, is amended

17  to read:

18         Section 1.  Applicability.--Except as otherwise

19  provided herein, the provisions of this act shall apply to all

20  employees, as hereinafter defined, of the Lake County Sheriff.

21  The provisions of this act shall not apply to the sheriff; or

22  to special deputy sheriffs appointed pursuant to section

23  30.09(4), Florida Statutes; or to members of the sheriff's

24  reserve, auxiliary, posse, volunteers, and task force members,

25  as may be defined by the Criminal Justice Standards and

26  Training Commission. This act is not intended to grant

27  collective bargaining rights to employees of the Lake County

28  Sheriff who do not otherwise have those rights pursuant to

29  law.

30         Section 2.  Definitions.--As used in this act:

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    Florida Senate - 2005        (NP)                      SB 2670
    20-1630-05                                              See HB




 1         (1)  "CAREER SERVICE EMPLOYEE" means an employee of the

 2  Lake County Sheriff's Office who has satisfactorily completed

 3  1 year of continuous employment in any one division of the

 4  office, and who is not on extended probation, and who is not a

 5  part-time, temporary, or contractual employee.

 6         (2)  "CAREER SERVICE STATUS" means tenured employment

 7  with the Lake County Sheriff's Office attained by a career

 8  service employee.

 9         (3)  "OFFICE" means the Lake County Sheriff's Office.

10         (4)  "DIVISION" means all divisions of the Lake County

11  Sheriff's Office the Enforcement Division or the Support

12  Division, as set forth in section 3.

13         (5)  "EMPLOYEE" means any deputy sheriff and detention

14  deputy not otherwise excluded by this act and all full-time

15  employees of the Lake County Sheriff's Office.

16         (6)  "EXTENDED PROBATION" means a period of time in

17  excess of 1 year in which a new employee is subject to

18  evaluation in order to ascertain the employee's fitness for

19  employment by the Lake County Sheriff's Office, not to exceed

20  6 months.

21         (7)  "SHERIFF" means the Sheriff of Lake County.

22         (8)  "FOR CAUSE" means termination, suspension, or

23  demotion of an employee for misfeasance, malfeasance, or

24  nonfeasance, which renders the continuance of the employee in

25  his or her position detrimental to the discipline or

26  efficiency of the office, as determined by the Sheriff of Lake

27  County.

28         Section 3.  Establishment of divisions.--There is

29  hereby established the following employment divisions within

30  the Lake County Sheriff's Office:

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    Florida Senate - 2005        (NP)                      SB 2670
    20-1630-05                                              See HB




 1         (1)  The Enforcement Division, includes all

 2  commissioned deputy sheriffs who hold valid and current

 3  certificates as law enforcement officers issued by the

 4  Criminal Justice Standards and Training Commission and who are

 5  covered by this act.

 6         (2)  The Support Division, includes all other employees

 7  of the department covered by this act.

 8         Section 3.4.  Career service.--

 9         (1)  Except as otherwise provided in subsection (2), an

10  employee may be terminated by the Lake County Sheriff at any

11  time with or without cause unless the employee has attained

12  and holds career service status. All employees who have

13  attained and hold career service status may be terminated only

14  for cause, as herein defined.

15         (2)  An employee who voluntarily terminates employment

16  with the Lake County Sheriff's Office or and who is

17  involuntarily terminated does not become reemployed with the

18  Lake County Sheriff's Office within 90 days ceases to have

19  career service status if again employed by the Lake County

20  Sheriff's Office until same is earned again.

21         Section 4.5.  Termination, suspension, and

22  demotion.--Any employee of the office, whether having attained

23  career service status or not, may be terminated, suspended,

24  demoted, or reprimanded by the Lake County Sheriff at any time

25  for cause, as herein defined.

26         Section 5.6.  Transition.--A newly elected or appointed

27  sheriff may demote without cause to the rank of lieutenant any

28  career service employee who holds the rank of undersheriff,

29  chief, chief deputy, major, captain, administrative assistant,

30  or general counsel legal advisor, or any equivalent rank, at

31  the time the newly elected or appointed sheriff takes office.

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    Florida Senate - 2005        (NP)                      SB 2670
    20-1630-05                                              See HB




 1  Members of the Senior Management Service class may be demoted

 2  to a reduced civilian position and pay in a like manner.

 3         Section 6.7.  Promotions.--Notwithstanding anything

 4  contained herein to the contrary, any career service employee

 5  required to serve a probationary period attendant or

 6  incidental to a promotion may be demoted with or without cause

 7  to the employee's prior rank at any time during such

 8  probationary period, but any such employee does not lose

 9  career service status.

10         Section 7.8.  Current employees.--Effective upon this

11  act becoming law, all current employees of the Lake County

12  Sheriff who have satisfactorily completed 1 year of continuous

13  employment in the Lake County Sheriff's Office and who are not

14  on extended probation shall be granted career service status.

15  All other employees shall attain career service status upon

16  reaching their 1 calendar year service anniversary date and

17  completing their probationary period.

18         Section 8.9.  Administration.--The sheriff is hereby

19  empowered to adopt rules and regulations for the

20  administration and implementation of this act.

21         Section 2.  This act shall take effect July 1, 2005.

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