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Senator Dean moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsections (2), (4), (5), and (6) of section

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110.227, Florida Statutes, are amended, and subsection (8) is

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added to that section, to read:

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     110.227  Suspensions, dismissals, reductions in pay,

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demotions, layoffs, transfers, and grievances.--

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     (2)(a) The department shall establish rules and procedures

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for the suspension, reduction in pay, transfer, layoff, demotion,

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and dismissal of employees in the career service. Except with

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regard to law enforcement or correctional officers, firefighters,

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or professional health care providers, rules regarding layoff

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procedures shall not include any system whereby a career service

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employee with greater seniority has the option of selecting a

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different position not being eliminated, but either vacant or

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already occupied by an employee of less seniority, and taking

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that position, commonly referred to as "bumping."

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     (b) For the implementation of layoffs as defined in s.

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110.107, the department shall develop rules requiring retention

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of the agency's employees based upon objective measures that give

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consideration to be given to comparative merit, demonstrated

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skills, and the employee's experience, and the employee's length

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of service. Such rules shall be approved by the Administration

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Commission before prior to their adoption by the department.

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     (4)  A grievance process shall be available to career

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service employees who have satisfactorily completed at least a 1-

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year probationary period in their current positions. A grievance

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is defined as the dissatisfaction that occurs when an employee

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believes that any condition affecting the employee is unjust,

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inequitable, or a hindrance to effective operation. Claims of

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discrimination and sexual harassment or claims related to

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suspensions, reductions in pay, demotions, and dismissals are not

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subject to the career service grievance process. The following

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procedures shall apply to any grievance filed pursuant to this

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subsection, except that all timeframes may be extended in writing

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by mutual agreement:

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     (a)  Step One.--The employee may submit a signed, written

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grievance on a form provided by the agency to his or her

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supervisor within 14 7 calendar days following the occurrence of

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the event giving rise to the grievance. The supervisor must meet

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with the employee to discuss the grievance within and provide a

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written response to the employee within 7 5 business days

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following receipt of the grievance.

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     (b)  Step Two.--If the employee is dissatisfied with the

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response of his or her supervisor, the employee may submit the

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written grievance to the agency head or his or her designee

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within 7 2 business days following receipt of the supervisor's

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written response. The agency head or his or her designee must

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meet with the employee to discuss the grievance within 5 business

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days following receipt of the grievance. The agency head or his

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or her designee must respond in writing to the employee within 5

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business days following the meeting. The written decision of the

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agency head shall be the final authority for all grievances filed

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pursuant to this subsection. Such grievances may not be appealed

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beyond Step Two.

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     (5)(a)  A career service employee who has satisfactorily

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completed at least a 1-year probationary period in his or her

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current position and who is subject to a suspension, reduction in

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pay, demotion, involuntary transfer of more than 50 miles by

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highway, or dismissal shall receive written notice of such action

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at least 10 days prior to the date such action is to be taken.

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Subsequent to such notice, and prior to the date the action is to

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be taken, the affected employee shall be given an opportunity to

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appear before the agency or official taking the action to answer

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orally and in writing the charges against him or her. The notice

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to the employee required by this paragraph may be delivered to

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the employee personally or may be sent by certified mail with

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return receipt requested. Such actions shall be appealable to the

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Public Employees Relations Commission as provided in subsection

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(6). Written notice of any such appeal shall be filed by the

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employee with the commission within 21 14 calendar days after the

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date on which the notice of suspension, reduction in pay,

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demotion, involuntary transfer of more than 50 miles by highway,

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or dismissal is received by the employee.

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     (b)  In extraordinary situations such as when the retention

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of a career service employee who has satisfactorily completed at

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least a 1-year probationary period in his or her current position

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would result in damage to state property, would be detrimental to

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the best interest of the state, or would result in injury to the

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employee, a fellow employee, or some other person, such employee

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may be suspended or dismissed without 10 days' prior notice,

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provided that written or oral notice of such action, evidence of

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the reasons therefor, and an opportunity to rebut the charges are

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furnished to the employee prior to such dismissal or suspension.

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Such notice may be delivered to the employee personally or may be

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sent by certified mail with return receipt requested. Agency

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compliance with the foregoing procedure requiring notice,

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evidence, and an opportunity for rebuttal must be substantiated.

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Any employee who is suspended or dismissed pursuant to the

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provisions of this paragraph may appeal to the Public Employees

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Relations Commission as provided in subsection (6). Written

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notice of any such appeal shall be filed with the commission by

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the employee within 21 14 days after the date on which the notice

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of suspension, reduction in pay, demotion, or dismissal is

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received by the employee.

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     (6)  The following procedures shall apply to appeals filed

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pursuant to subsection (5) with the Public Employees Relations

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Commission, hereinafter referred to as the commission:

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     (a) The commission must conduct a hearing within 60 30

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calendar days following the filing of a notice of appeal. No

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extension of time for the hearing may exceed 30 calendar days,

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absent exceptional circumstances, and no extension of time may be

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granted without the consent of all parties. Discovery may be

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granted only upon the showing of extraordinary circumstances. A

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party requesting discovery shall demonstrate a substantial need

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for the information requested and an inability to obtain relevant

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information by other means. Except where inconsistent with the

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requirements of this subsection, the provisions of s. 447.503(4)

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and (5) and chapter 120 apply to proceedings held pursuant to

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this subsection.

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     (b)  A person may represent himself or herself in

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proceedings before the commission or may be represented by legal

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counsel or by any individual who qualifies as a representative

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pursuant to rules adopted by the commission.

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     (c)  If the commission finds that cause did not exist for

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the agency action, the commission shall reverse the decision of

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the agency head and the employee shall be reinstated with or

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without back pay. If the commission finds that cause existed for

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the agency action, the commission shall affirm the decision of

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the agency head. The commission may not reduce the penalty

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imposed by the agency head, except in the case of law enforcement

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or correctional officers, firefighters, and professional health

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care providers, if the commission makes specific written findings

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of mitigation.

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     (d)  A recommended order shall be issued by the hearing

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officer within 30 days following the hearing. Exceptions to the

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recommended order shall be filed within 15 5 business days after

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the recommended order is issued. The final order shall be filed

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by the commission no later than 45 30 calendar days after the

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hearing or after the filing of exceptions or oral arguments if

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granted.

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     (e)  Final orders issued by the commission pursuant to

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paragraph (d) shall be reviewable as provided in s. 447.504.

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     (8) A career service employee who is serving a probationary

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period in a position to which he or she has been promoted may be

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removed from that promotional position at any time during the

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probationary period but must be returned to his or her former

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position, or comparable position, if such a position is vacant.

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If such a position is not available, before dismissal, the agency

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shall make a reasonable effort to retain the employee in another

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vacant position. This subsection does not apply to terminations

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for cause as described in subsection (1), nor does it create a

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right to "bump" an employee from an occupied position as

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described in paragraph (2)(a).

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     Section 2.  This act shall take effect January 1, 2009.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to the Career Service System; amending s.

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110.227, F.S.; revising criteria for certain rules and

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procedures for the suspension, reduction in pay, transfer,

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layoff, demotion, and dismissal of employees in the career

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service; increasing the amounts of time in which to submit

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grievances and respond to grievances; revising notice

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requirements; increasing the amount of time in which the

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employee must file an appeal to the Public Employees

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Relations Commission; revising procedures applicable to

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appeals filed with the commission; providing for the

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removal and placement of certain career service employees

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serving a probationary period; providing an effective

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date.

4/28/2008  7:18:00 PM     3-08887-08