Senate Bill sb0956
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Florida Senate - 2006 SB 956
By Senator Argenziano
3-535-06
1 A bill to be entitled
2 An act relating to the Career Service System;
3 amending s. 110.227, F.S.; revising
4 requirements for disciplining an employee;
5 providing for appeals of agency actions
6 imposing penalties on certified law enforcement
7 officers and correctional probation officers to
8 be reviewed by administrative law judges;
9 revising review procedures; providing standards
10 for awards of back pay; amending s. 447.207,
11 F.S., relating to powers and duties of the
12 Public Employees Relations Commission, to
13 conform; providing an effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Subsections (1), (5), and (6) of section
18 110.227, Florida Statutes, are amended to read:
19 110.227 Suspensions, dismissals, reductions in pay,
20 demotions, layoffs, transfers, and grievances.--
21 (1) Any employee who has satisfactorily completed at
22 least a 1-year probationary period in his or her current
23 position may be suspended or dismissed only for just cause. In
24 appropriate circumstances cause shall include, but is not
25 limited to, poor performance, negligence, inefficiency or
26 inability to perform assigned duties, insubordination,
27 violation of the provisions of law or agency rules, conduct
28 unbecoming a public employee, misconduct, habitual drug abuse,
29 or conviction of any crime. The agency head shall ensure that
30 all employees of the agency have reasonable access to the
31 agency's personnel manual.
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Florida Senate - 2006 SB 956
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1 (5)(a) A career service employee who has
2 satisfactorily completed at least a 1-year probationary period
3 in his or her current position and who is subject to a
4 suspension, reduction in pay, demotion, or dismissal shall
5 receive written notice of such action at least 10 days prior
6 to the date such action is to be taken. Subsequent to such
7 notice, and prior to the date the action is to be taken, the
8 affected employee shall be given an opportunity to appear
9 before the agency or official taking the action to answer
10 orally and in writing the charges against him or her. The
11 notice to the employee required by this paragraph may be
12 delivered to the employee personally or may be sent by
13 certified mail with return receipt requested. Such actions
14 shall be appealable to the Public Employees Relations
15 Commission as provided in subsection (6). Alternatively, a
16 certified law enforcement officer or correctional probation
17 officer may seek review by an administrative law judge
18 assigned by the Division of Administrative Hearings. Written
19 notice of any application for review such appeal shall be
20 filed by the employee with the commission or the Division of
21 Administrative Hearings, as appropriate, within 14 calendar
22 days after the date on which the notice of suspension,
23 reduction in pay, demotion, or dismissal is received by the
24 employee. The division shall develop a standard form to
25 facilitate applications for review by certified law
26 enforcement officers and correctional probation officers. The
27 agency shall provide the employee a copy of the appropriate
28 application with each notice required by this section.
29 (b) In extraordinary situations such as when the
30 retention of a career service employee who has satisfactorily
31 completed at least a 1-year probationary period in his or her
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Florida Senate - 2006 SB 956
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1 current position would result in damage to state property,
2 would be detrimental to the best interest of the state, or
3 would result in injury to the employee, a fellow employee, or
4 some other person, such employee may be suspended or dismissed
5 without 10 days' prior notice, provided that written or oral
6 notice of such action, evidence of the reasons therefor, and
7 an opportunity to rebut the charges are furnished to the
8 employee prior to such dismissal or suspension. Such notice
9 may be delivered to the employee personally or may be sent by
10 certified mail with return receipt requested. Agency
11 compliance with the foregoing procedure requiring notice,
12 evidence, and an opportunity for rebuttal must be
13 substantiated. Any employee who is suspended or dismissed
14 pursuant to the provisions of this paragraph may apply for
15 review appeal to the Public Employees Relations Commission as
16 provided in subsection (6). Written notice of application for
17 review any such appeal shall be filed with the commission or
18 the division by the employee within 14 days after the date on
19 which the notice of suspension, reduction in pay, demotion, or
20 dismissal is received by the employee.
21 (6) The following procedures shall apply to
22 applications for review appeals filed pursuant to subsection
23 (5) with the Public Employees Relations Commission,
24 hereinafter referred to as the commission, or with the
25 Division of Administrative Hearings, hereinafter referred to
26 as the division:
27 (a) The commission or division must conduct a hearing
28 within 30 calendar days following the filing of an application
29 for review a notice of appeal. Unless the administrative
30 tribunal determines that the due-process rights of any party
31 would be adversely affected, an No extension of time for the
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1 hearing may not exceed 30 calendar days, absent exceptional
2 circumstances, and an no extension of time may not be granted
3 without the consent of all parties. Discovery may be granted
4 only upon the showing of extraordinary circumstances. A party
5 requesting discovery shall demonstrate a substantial need for
6 the information requested and an inability to obtain relevant
7 information by other means. Failure of the agency to timely
8 share with the employee all of the information it has
9 collected in making and supporting its decisions constitutes
10 substantial need. Except where inconsistent with the
11 requirements of this subsection, the provisions of s.
12 447.503(4) and (5) and chapter 120 applies apply to
13 proceedings held pursuant to this subsection.
14 (b) A person may represent himself or herself in
15 proceedings before the commission or division or may be
16 represented by legal counsel or by any individual who
17 qualifies as a representative pursuant to rules adopted by the
18 tribunal commission.
19 (c) If the administrative tribunal commission finds
20 that sufficient cause did not exist to justify for the
21 discipline imposed by the agency action, it the commission
22 shall reverse the decision of the agency head, and the
23 employee shall be reinstated with or without back pay. If the
24 administrative tribunal commission finds that sufficient cause
25 existed to justify for the agency action, it the commission
26 shall affirm the decision of the agency head. If sufficient
27 cause exists to justify the penalty, the administrative
28 tribunal commission may not reduce the penalty imposed by the
29 agency head, except in the case of law enforcement or
30 correctional officers, firefighters, and professional health
31 care providers, if the administrative law judge commission
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1 makes specific written findings of mitigation. Every award of
2 back pay must be reduced by any mitigating interim earnings of
3 the employee which exceed legal expenses in seeking review.
4 The administrative law judge shall be otherwise bound by the
5 common law of this state in fixing the amount of back pay.
6 (d) The administrative tribunal's order is final
7 agency action. The final A recommended order shall be issued
8 by the hearing officer within 30 days following the hearing.
9 Exceptions to the recommended order shall be filed within 5
10 business days after the recommended order is issued. The final
11 order shall be filed by the commission no later than 30
12 calendar days after the hearing or after the filing of
13 exceptions or oral arguments if granted.
14 (e) Final orders issued by an administrative tribunal
15 the commission pursuant to paragraph (d) shall be reviewable
16 as provided in s. 447.504 or s. 120.68.
17 Section 2. Subsection (8) of section 447.207, Florida
18 Statutes, is amended to read:
19 447.207 Commission; powers and duties.--
20 (8) The commission or its designated agent shall, in
21 appropriate cases, hear appeals arising out of any suspension,
22 reduction in pay, demotion, or dismissal of any permanent
23 employee in the State Career Service System in the manner
24 provided in s. 110.227.
25 Section 3. This act shall take effect July 1, 2006.
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2 SENATE SUMMARY
3 Provides that suspension or dismissal of a public
employee may be for just cause only. Transfers the
4 authority to review actions of employers which impose
discipline on certified law enforcement officer and
5 correctional officers from the Public Employees Relations
Commission to administrative law judges. Provides that an
6 agency's failure to share information with the employee
constitutes "substantial need" for purposes of compelling
7 discovery. Provides certain constraints on awards of back
pay.
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