HB 1617

1	A bill to be entitled
2	An act relating to Lee County; amending chapter 74-522,
3	Laws of Florida, as amended; redesignating the Lee County
4	Sheriff's Department as the Lee County Sheriff's Office;
5	revising qualifications for membership on the civil
6	service board; revising the date for electing board
7	members; deleting certain limitations for classification
8	as members of the civil service; revising requirements for
9	demotions in rank following the election of a new sheriff;
10	deleting provisions authorizing a specified amount of
11	annual leave for certain employees; deleting certain
12	restrictions on the age at which an applicant may be
13	employed as a deputy sheriff; deleting certain
14	restrictions on the employment of persons with a medical
15	discharge; revising requirements for the posting of
16	notices of employment; clarifying provisions authorizing
17	political activities during off-duty hours; providing an
18	effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Chapter 74-522, Laws of Florida, as amended by
23	chapters 99-434 and 2003-329, Laws of Florida, is amended to
24	read:
25	Section 1.  Composition and purpose of board.--There is
26	hereby created a civil service board, hereafter referred to as
27	the "board", composed of five (5) members whose duty it is to
28	administer the terms of this act which shall apply to all
29	classified appointees deputy sheriffs and employees of the Lee
30	County Sheriff's Office. For purposes of this act, the term
31	"employee" shall be synonymous and interchangeable with the term
32	"appointee."
33	(1)  The board shall consist of five (5) members who shall
34	be elected by a majority of persons voting or appointed as
35	follows:
36	(a)  One (1) member of the board will be the sheriff or his
37	or her designate.
38	(b)  One (1) member of the board will to be elected by a
39	majority of the employees with the rank of lieutenant or above.
40	An alternate member shall be elected at the same time and in the
41	same manner for this position.
42	(c)  One (1) member of the board to be elected by a
43	majority of the employees below with the rank of lieutenant
44	deputy or sergeant. An alternate member shall be elected at the
45	same time and in the same manner for this position.
46	(d)  One (1) member to be an upstanding resident of Lee
47	County to be selected and appointed elected by the board at the
48	first organizational meeting held on the first business day of
49	October after taking office.
50	(e)  One (1) member of the board to be the lead department
51	chaplain or his or her designee, as determined by the Sheriff.
52	(f)  Election for board members and their alternates of the
53	three (3) members shall be held on the second Tuesday of at the
54	first staff meeting in September, and the newly elected member
55	shall take with the members taking office on the 1st day of
56	October.
57	(g)  Civilian employees not assigned a rank may vote for
58	the position identified in paragraph (b) or (c), but not both.
59	If for any reason, a member of the board cannot serve, an
60	alternate member will be elected in the same manner as provided
61	in this section.
62	(h)  Alternate members shall serve if, for any reason, a
63	member of the board cannot serve.
64	(i)(h)  All vacancies on the board will be filled by the
65	procedure established in this section.
66	(2)  No board member shall be subject to any adverse action
67	in retaliation for his or her service on the board, decisions of
68	the board, or performance of his or her official duties in
69	transacting business of the board.
70	(3)  The term of office for elected board members shall be
71	2 years.
72	Section 2.  Qualifications for board members.--Members of
73	the board shall be 18 twenty-one (21) years of age or over, of
74	good moral character, a citizen of the United States of America,
75	a permanent resident of Florida, and must have resided in Lee
76	County for at least 1 one (1) year prior to his or her
77	appointment.
78	Section 3.  Affected employees.--The civil service act, as
79	set forth, will encompass all classified employees members of
80	the Lee County Sheriff's Office. The term "classified employees"
81	shall include all full-time deputy sheriffs, correctional
82	officers, and civilian employees who have completed their
83	original or reemployment probationary period. "Classified
84	employees" shall not include: any contractual employees,
85	appointees, volunteers, or other persons who do not serve in a
86	regularly budgeted position in the Sheriff's office on a full-
87	time basis; and the Sheriff or his or her second in command,
88	whether designated as chief deputy, undersheriff, or otherwise,
89	except as to the Sheriff's obligations set forth under sections
90	1, 2, and 15. All members of the sheriff's office under the rank
91	of chief deputy shall be classified members of the civil service
92	act.
93	Section 4.  Board positions.--The board shall, upon its
94	organization, elect one (1) member as chairperson chairman and
95	one (1) member as secretary and they shall perform their duties
96	in accordance with the rules and regulations to be adopted by
97	the board from time to time as necessary to carry out the
98	purpose of this act.
99	Section 5.  Certification of the act.--This act shall
100	become operative upon the certification to the board by the
101	sheriff that the office of the Sheriff of Lee County is
102	functioning under the civil service rules as established in this
103	document. When the certification of organization and capability
104	has been filed by the sheriff, the board shall forthwith
105	acknowledge such certification. Thereafter, the certification
106	shall be irrevocable except by subsequent act of Legislature.
107	The act shall carry over from Sheriff to Sheriff and it shall
108	not be necessary for subsequent Sheriffs to recertify the act.
109	Section 6.  Powers of the board.--The board, as a body,
110	shall have the power, subject to minimum requirements, to act
111	to:
112	(1)  Investigate and enforce compliance by the Sheriff and
113	any and all classified and unclassified employees of the
114	Sheriff's office with regards to the terms and conditions of the
115	act and implement investigations and determinations Make
116	investigations concerning the enforcement and effect of this
117	act, and to require observance of its provisions and the rules
118	and regulations made thereunder.
119	(2)  Hear and determine appeals of complaints respecting
120	the administration of this act.
121	(3)  Establish and maintain a roster of all employees in
122	the classified service of the office of the sheriff showing
123	their position, rank, compensation, benefits and place of
124	residence.
125	(4)  Ascertain and record the duties and responsibilities
126	of appertaining to all positions of the Sheriff's office in a
127	manner approved by the board in the classified service and
128	classify such positions in the manner hereafter provided.
129	(5)  Keep any other records as may be necessary for the
130	proper administration of this act.
131	(6)  Issue subpoenas for the appearance of witnesses and
132	production of documents and things in connection with
133	investigations and hearings conducted pursuant to this act.
134	Section 7.  Positions after adoption of the act and
135	election of a new Sheriff.--All classified employees persons in
136	the employ of the office of the Sheriff shall be retained in the
137	same capacity, at the time this act becomes operative, who have
138	served for a period longer than one (1) year in a position and
139	rank shall now be under this act, retained as same, without
140	preliminary or performance tests but shall thereafter be subject
141	in all other respects to the provisions of this act. In the
142	event a new sheriff is elected to office in Lee County, all
143	classified employees of the Sheriff's office shall remain in the
144	same position with the exception of those serving in a rank or
145	grade immediately below the chief deputy. These persons who
146	comprise the Sheriff's executive and administrative staff and
147	who command a major component, subdivision, or bureau of the
148	Sheriff's office personnel who are ranked at captain or above,
149	who may be subject to a one (1) grade demotion in rank to
150	lieutenant or above in order to allow the Sheriff to establish
151	his or her new administration. The salary of all persons so
152	demoted may be reduced to no less than the top of the grade to
153	which they are demoted. If transferred, the transfer shall be to
154	a position equal in terms of rank, pay, and benefits to those in
155	which other persons of the same rank serve. The elimination by a
156	new Sheriff of a position or grade under a previous
157	administration constitutes a demotion for purposes of this
158	section.
159	Section 8.  Leaves of absence and military service.--The
160	Sheriff shall formulate reasonable rules governing the granting
161	of leaves of absence to members of the Sheriff's office
162	sheriff's office in good standing. Except as hereinafter
163	provided, no leave of absence shall be approved given for more
164	than 1 one (1) year, however, such leaves may be extended with
165	the approval of the Sheriff upon the showing of good cause, so
166	long as the leave period does not exceed the Sheriff's current
167	term of office.
168	(1)  All classified employees of persons employed by the
169	Lee County Sheriff's office who shall be inducted in the armed
170	forces of the United States of America or who shall voluntarily
171	by enlistment enter into such forces in time of war or national
172	emergency shall, upon application to the Sheriff, receive a
173	military leave of absence for the duration of the period of
174	service required. During the period of service, all persons
175	serving shall be entitled to all the benefits and privileges of
176	this act and shall retain all rights of seniority. All persons
177	shall be entitled to reemployment in the same capacity and
178	position they held at the time of entering said military
179	service, provided, however, that application for reinstatement
180	to in such position must be made by or on behalf of such
181	employee within 3 three (3) months after termination of military
182	service. Provided Further that to be entitled to the benefits of
183	this subsection, any discharge from such military service must
184	have been honorable.
185	(2)  This section shall not apply to persons who engage
186	themselves as private contractors for any security or
187	peacekeeping force or any service provider not directly under
188	the supervision and control of the Armed Forces of the United
189	States of America and the Commander In Chief of those forces.
190	Section 9.  Qualifications for employment.--The minimum
191	standards and qualifications for an original applicant for
192	employment or reemployment as a classified employee of deputy
193	sheriff, or in any other capacity in the office of the Sheriff
194	of Lee County, shall be as follows:
195	(1)  All applicants for any position in the classified
196	service of the Sheriff's office must submit a complete, written
197	application for employment.
198	(2)(1)  All applicants must be graduates of An applicant
199	shall have graduated from a duly accredited high school or
200	possess shall have the equivalent of a high school diploma from
201	a school recognized by the state.
202	(3)(2)  All applicants must An applicant shall be
203	physically capable of performing all functions and duties of the
204	position that they are seeking and must submit to a physical
205	exam conducted by a physician licensed in this state of a deputy
206	sheriff as established by the board, and this physical capacity
207	shall be certified by a physician licensed in this state and
208	selected by the board.
209	(4)(3)  All applicants are required to submit to a
210	background investigation, drug screen, polygraph, or CVSA
211	examination and oral interview No person is eligible to receive
212	public funds as a salary or for services rendered as a deputy
213	sheriff of Lee County until such person has submitted to the
214	sheriff, a written application for employment and has passed an
215	oral examination.
216	(5)(4)  All applicants An applicant shall not have been
217	convicted of a felony of any kind, a crime involving moral
218	turpitude, or of a misdemeanor for which the penalty is greater
219	be more than a $300 three hundred dollar ($300) fine and/or 90
220	ninety (90) days confinement.
221	(6)(5)  All applicants having military service must submit
222	a DD 214 indicating that their military service and discharge
223	were under honorable conditions. Persons discharged for medical
224	conditions or reasons must be able to perform all functions of
225	the position for which they are applying An applicant with
226	military service shall have an honorable discharge.
227	(7)  In addition to the requirements in subsections (1)-
228	(6), all persons applying for certified law enforcement or
229	corrections positions must comply with the requirements of the
230	Florida Department of Law Enforcement and be eligible for state
231	certification.
232	Section 10.  Appointments, promotions, and
233	transfers.--Promotional procedures with respect to all
234	classified employees shall conform to Sheriff's office policies
235	based on CALEA standards as adopted by the Sheriff's office for
236	so long as the Sheriff's office remains an accredited agency. In
237	the event that the Sheriff's office is no longer an accredited
238	agency, promotions will be made on a merit basis considering
239	work performance, knowledge of job, and other similar
240	qualifications. All promotions will be made by the Sheriff
241	Promotions will be made on a merit basis such as work
242	performance, knowledge of job and other qualifications. All
243	promotions will be made by the sheriff.
244	(1)  Open positions will be publicly posted throughout the
245	Sheriff's office on department bulletin boards and websites for
246	a period of 7 days to allow for application by qualified
247	Sheriff's office employees who shall be entitled to a preference
248	for any position of higher grade or rank than an entry level
249	position Whenever there is an opening in any division, this
250	opening will be publicly posted throughout the sheriff's office
251	for a period of five (5) days to allow all persons eligible to
252	apply for transfer from their division to the division where the
253	opening exists. Those interested should apply in writing to the
254	Sheriff requesting a such transfer.
255	(2)  The Sheriff reserves the right to transfer any
256	employee for the betterment of the service; provided, however,
257	the employees shall not be reduced in rank or compensation and
258	such transfer shall not be considered disciplinary in nature.
259	(3)(2)  Employment or reemployment to No appointment or
260	promotion in any position in the Sheriff's office shall not be
261	deemed complete until after the expiration of a period of 1 one
262	(1) year's probationary service, during which time the sheriff
263	may terminate without cause the employment of any person
264	certified and/or appointed.
265	(4)  No promotion shall be deemed complete until after the
266	expiration of a period of 6 months of service during which time
267	the Sheriff may return the promoted person to his or her former
268	rank and pay for failure or inability to perform the duties of
269	the position to which he or she had been promoted.
270	(5)(3)  Employment and reemployment Appointments shall be
271	regarded as taking effect upon the date the employee is
272	scheduled to report person appointed reports for duty. A person
273	offered employment certified by the Sheriff who does not report
274	for duty at the time so designated, and who does not explain his
275	or her said failure to report, in writing, within 5 five (5)
276	days, may be rejected by the Sheriff.
277	Section 11.  Practice and procedures of the board.--The
278	practice and procedure of the board with respect to any
279	investigation by the board authorized by this act shall be in
280	accordance with rules and regulations to be adopted by the board
281	which shall provide for a reasonable notice to all persons
282	affected by recommendations to be made by the board after such
283	investigation, with the opportunity to be heard either in person
284	or by counsel.
285	Section 12.  Misconduct and misuse of professional
286	influence.--
287	(1)  No person covered by this act shall use his or her
288	official position or influence to solicit orally or in writing
289	by letter, and no public officer or employee shall receive or be
290	in any manner concerned in receiving or soliciting any money or
291	valuable things from any employee of the Sheriff's office
292	department or political party or private individual for any
293	purpose whatsoever.
294	(2)  No person shall use or promise to use his or her
295	influence or official position authority to secure any
296	appointment or prospect of appointment to any position
297	classified under this act as a reward or return for personal or
298	partisan political service.
299	(3)  No public officer or employee of the Sheriff's office
300	shall by means of threats or coercion induce or attempt to
301	induce any person holding a position in the Sheriff's office to
302	resign his or her position, or to take a leave of absence from
303	duty or to waive any rights under this act.
304	Section 13.  Discipline; suspensions; dismissal; appeals.--
305	(1)  The sheriff may discipline, suspend up to 30 days
306	without pay, terminate, or withdraw the appointment of or
307	dismiss an employee only for just cause. An employee subject to
308	substantial discipline, which includes a loss of pay, accrued
309	time, benefits, rank, or position; disciplinary transfer;
310	suspension; or termination may, within 15 days of the
311	discipline, suspension, termination, or withdrawal of
312	appointment, file a notice of appeal with the board's secretary.
313	The board shall schedule a hearing within 30 days of receipt of
314	notice of appeal. Continuation of a hearing may be granted by
315	the board upon a showing of good cause by either party or upon
316	agreement of the parties. The employee so dismissed or suspended
317	will have fifteen (15) days to file an appeal with the board.
318	Officers with the rank of lieutenant and above will have the
319	authority to take immediate disciplinary action including
320	relieving an employee of duty, thereafter securing the approval
321	of the sheriff. The sheriff may summarily suspend an employee
322	for a reasonable period not exceeding thirty (30) days. Every
323	such suspension shall be without pay; provided, however, that
324	the board shall have the authority to investigate every such
325	suspension and if it is found that the sheriff acted in bad
326	faith, it shall have the power to restore pay to the employee
327	for such suspended time.
328	(1)  Subject to the foregoing provisions of this section,
329	any person holding a position in the sheriff's office who has
330	been removed or discharged, has the opportunity to be heard in
331	his own defense upon filing a written request to the board
332	within fifteen (15) days following the action. The appeal shall,
333	within thirty (30) days after the filing be heard, investigated
334	and determined by the board as provided by section 13 of this
335	act.
336	(2)  At the hearing the employee has the burden of proving
337	that the Sheriff lacked just cause supported by competent and
338	substantial evidence for the disciplinary action under appeal.
339	(3)  The board shall have the authority to investigate any
340	such discipline, suspension, termination, or withdrawal of
341	appointment and, should the board determine following a hearing
342	that the action taken by the Sheriff was without just cause, the
343	board has the authority to:
344	(a)  Vacate the discipline, restore the employee's pay and
345	benefits as outlined in subsection (1), and, in the event the
346	suspension is not completed, void the remaining suspension time
347	and restore the employee to duty.
348	(b)  Reinstate the employee's employment and pay without
349	loss of rank or seniority.
350
351	In no case shall back pay exceed 30 days.
352	(4)  Should the board determine following the hearing that
353	the action taken by the Sheriff was with just cause it shall
354	uphold the disciplinary decision of the Sheriff. The board may
355	not substitute its judgment for that of the Sheriff regarding
356	the severity of the disciplinary action imposed, provided the
357	disciplinary action is authorized by law.
358	(5)  Each party may make a timely appeal to the circuit
359	court upon receipt of the board's written order. In the event a
360	timely appeal is not taken and the Sheriff was found to not have
361	just cause for the discipline, the employee's record shall have
362	the board's final order attached to and included in the
363	employee's personnel file.
364	(6)(2)  The board's decision is The decision of the board
365	will be final and absolute.
366	(7)  Classified employees are free from retaliatory action
367	based on the exercise of rights provided under this act.
368	Section 14.  Public meetings.--It shall be the duty of the
369	authorities having charge of the public buildings of Lee County
370	to allow the reasonable use of public buildings and rooms for
371	the holding of meetings of the board and any examinations or
372	investigations provided for by this act. The term "public
373	building" shall include any building under the lawful control of
374	the Lee County Government or Lee County Sheriff's Office which
375	provides for free public access under minimal restrictions, as
376	necessary, to provide for the safety and security of its
377	occupants.
378	Section 15.  Retirement health insurance benefits.--
379	(1)  It shall be and is hereby made the duty of the Sheriff
380	of Lee County to provide annually in his or her budget, a
381	sufficient sum of money to enable the board to properly carry
382	out the purposes of this act.
383	(2)  Effective October 1, 1986, and thereafter, it is the
384	duty of the Sheriff of Lee County to provide annually in his or
385	her budget a sufficient sum of money to pay a percentage of the
386	cost of the health insurance of members of the Lee County
387	Sheriff's Office who retire from active service after having
388	accumulated at least 15 years of creditable service under the
389	Florida Retirement System. The health insurance costs payable
390	pursuant to this section include premiums for major medical and
391	hospitalization insurance, but do not include premiums for
392	dental insurance. When a retiree receiving this health insurance
393	benefit becomes eligible for Medicare, his or her health
394	coverage will convert to the Medicare Supplement health
395	insurance.
396	(a)  In order to receive this benefit, the retiree must
397	have served with the Lee County Sheriff's Office for the 10
398	years immediately preceding his or her retirement. The retiree
399	may claim up to 5 years of creditable service earned while in
400	the employ of another member agency within the Florida
401	Retirement System. The Lee County Sheriff's Office shall verify
402	all years of creditable service claimed through the Division of
403	Retirement of the Department of Administration.
404	(b)  If an employee retires from the Lee County Sheriff's
405	Office after at least 10 years of service with the department,
406	but before reaching retirement age, and has participated in the
407	Florida Retirement System for at least 15 years, he or she may
408	pay his and her or his and her dependent's health insurance
409	costs until he or she begins to receive retirement benefits
410	under the Florida Retirement System. The Lee County Sheriff's
411	Office shall begin to pay a percentage of the employee's health
412	insurance costs when he or she begins to receive such retirement
413	benefits. The retiree shall give the sheriff's office written
414	notice of the date of payment of his or her initial retirement
415	benefit. The Lee County Sheriff's Office shall verify this date
416	through the Division of Retirement of the Department of
417	Administration.
418	(c)  The Lee County Sheriff's Office shall base the
419	percentage of a retiree's health insurance costs it will pay
420	upon the number of years of creditable service that the retiree
421	has accumulated in the Florida Retirement System. Fifteen years
422	of creditable service entitles the retiree to have 75 percent of
423	his or her health insurance premiums paid by the sheriff's
424	office. The sheriff's office shall pay an additional 5 percent
425	of the insurance premiums for each year of service in excess of
426	15 years until reaching a maximum of 100 percent of the premium
427	at 20 years of service. The Lee County Sheriff's Office shall
428	pay an additional one-twelfth of 1 percent of the premium for
429	each month served until the full 100 percent is paid.
430	(d)  If an employee has health insurance coverage through a
431	previous employer, the Lee County Sheriff's Office will be the
432	secondary payor.
433	(e)  If an employee receives a retiree health insurance
434	subsidy from the state, the Lee County Sheriff's Office shall
435	reduce the amount it pays of the employee's health insurance
436	premiums by the amount of the subsidy.
437	(f)  The Lee County Sheriff's Office shall pay for the
438	health insurance coverage of the retiree and 50 percent of his
439	or her dependents' health insurance coverage only if the
440	retiree's health insurance is paid at 100 percent of the premium
441	at 20 years of service. A retiree who obtains benefits without
442	attaining 20 years of service may pay for the health insurance
443	of his or her dependents. Upon a retiree's death, his or her
444	spouse may continue the health insurance coverage previously
445	provided by the retiree. Premiums must be paid to the Lee County
446	Sheriff's Office.
447	(g)  This retiree health insurance benefit is only
448	available to an employee when he or she retires. If the employee
449	does not elect to receive the insurance benefit upon retiring,
450	he or she does not have the option of receiving the benefit at a
451	later date.
452	Section 16.  Political activity.--No employee person
453	holding a classified position in the sheriff's office shall take
454	an active part in any political campaign while on duty or while
455	off duty and wearing any uniform or part thereof identifying the
456	Sheriff's office. Nothing in this act shall be construed to
457	prohibit or prevent any such person from exercising lawful
458	political rights while off duty, from becoming or continuing to
459	be a member of a political club or organization, or from
460	attending any political meetings, or from enjoying entire
461	freedom from all interferences in casting his or her vote. Any
462	person violating the provisions of this section may be dismissed
463	from the service of the office of the sheriff of Lee County.
464	Section 17.  Legal construction and amendment of the
465	act.--The provisions of this act shall be severable and if any
466	of the provisions shall be held to be unconstitutional, the
467	decision of the court shall not affect the validity of the
468	remaining provisions. It is hereby declared the legislative
469	intent of this act that it would have been adopted by the
470	legislature had such unconstitutional provision not have been
471	included therein.
472	(1)  This act shall not be held or construed to create any
473	property rights or any vested interests in any position in the
474	Sheriff's office beyond those specifically enumerated in the act
475	sheriff's office and the right is hereby reserved to repeal,
476	alter or amend this act, or any provision thereof at any time.
477	(2)  All requests for changes or amendments to this act
478	proposed by a board member or an alternate board member shall
479	come before the five-member board in a public meeting and be
480	approved by a majority vote of the board. The board as a whole
481	has the authority to request the Legislature to amend the act on
482	behalf of the classified employees of the Sheriff's office whose
483	effect on all classified employees shall be immediate upon
484	becoming law.
485	Section 18.  All laws and parts of laws, insofar as they
486	are inconsistent with this act, or any provision thereof, are,
487	to the extent of such conflict, hereby repealed.
488	Section 2.  This act shall take effect upon becoming a law.

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