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A bill to be entitled

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An act relating to career service employees; amending s.

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110.227, F.S.; revising requirements for disciplining an

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employee and provisions governing which employees are

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subject to certain personnel actions; specifying the

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requirements for achieving permanent status in the Career

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Service System; 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 career service

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employees; revising provisions relating to the

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applicability of layoff procedures; providing that the

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grievance process is available to all career service

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employees; increasing the amounts of time in which to

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submit grievances and respond to grievances; revising what

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written decisions of the agency are the final authority

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for all grievances at the Step Two level; authorizing

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certain Step Two grievances to be submitted to the

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Department of Management Services; revising notice

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requirements; providing for the removal and placement of

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certain career service employees serving a probationary

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period; authorizing certain employees to appeal to the

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Public Employees Relations Commission; increasing the

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amount of time in which the employee must file an appeal;

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revising procedures applicable to appeals filed with the

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commission; providing for mitigation in disciplinary

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actions; revising which actions must be reviewed without

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consideration of any other case or set of facts; providing

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an effective date.

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

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     Section 1.  Section 110.227, Florida Statutes, is amended to

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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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     (1) Any employee who has achieved permanent status in the

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Career Service System by satisfactorily completing completed at

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least a 1-year probationary period in a career service his or her

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current position and who has been continuously employed

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thereafter in a career service position may be suspended or

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dismissed only for cause. Cause includes shall include, but is

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not limited to, poor performance, negligence, inefficiency or

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inability to perform assigned duties, insubordination, violation

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of the provisions of law or agency rules, conduct unbecoming a

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public employee, misconduct, habitual drug abuse, or conviction

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of any crime. The agency head shall ensure that all employees of

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the agency have reasonable access to the agency's personnel

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manual.

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     (2)  The department shall establish rules and procedures for

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

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dismissal of employees in the career service.

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     (a) Except with regard to law enforcement or correctional

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officers, firefighters, or professional health care providers,

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rules regarding layoff procedures shall not include any system

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whereby a career service employee having with greater seniority

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has the option of selecting a different position not being

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eliminated, but either vacant or already occupied by an employee

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of less seniority, and taking that position, commonly referred to

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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 of length

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of service, that consideration be given to comparative merit,

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demonstrated skills, and the employee's experience. Such rules

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must shall be approved by the Administration Commission before

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prior to their adoption by the department.

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     (3)(a) With regard to law enforcement or correctional

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officers, firefighters, or professional health care providers,

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and all other career service employees who have achieved

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permanent status:

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     (a) If when a layoff becomes necessary, the such layoff

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shall be conducted within the competitive area identified by the

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agency head and approved by the department of Management

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Services. Identification of the Such competitive area shall take

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be established taking into consideration the similarity of work;

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the organizational unit, which may be by agency, department,

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division, bureau, or other organizational unit; and the commuting

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area for the work affected.

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     (b) With regard to law enforcement or correctional

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officers, firefighters, or professional health care providers,

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Layoff procedures shall be developed to establish the relative

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merit and fitness of employees and shall include a formula for

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uniform application among all employees in the competitive area,

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taking into consideration the type of appointment, the length of

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service, and the evaluations of the employee's performance within

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the last 5 years of employment.

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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 a 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 after following the

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occurrence of the event giving rise to the grievance. The

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supervisor must meet with the employee to discuss the grievance

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within and provide a written response to the employee within 7 5

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business days after 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 after following receipt of the

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supervisor's written response. The agency head or his or her

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designee must meet with the employee to discuss the grievance

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within 5 business days after following receipt of the grievance.

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The agency head or his or her designee must respond in writing to

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the employee within 5 business days after following the meeting.

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The written decision of the agency head shall be the final

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authority for all grievances filed pursuant to this subsection

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not involving an allegation of the agency's failure to comply

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with the uniform personnel rules of the agency as established

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under s. 110.201. A claim of the violation of the agency's

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personnel rules entitles the employee to pursue a review of the

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grievance through the department if the grievant is dissatisfied

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with the agency head's or his or her designee's decision. Such

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grievances may not be appealed beyond Step Two.

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     (5)(a) A career service employee who has permanent status

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satisfactorily completed at least a 1-year probationary period in

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his or her current position and who is subject to a lay off,

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suspension, reduction in pay, demotion, involuntary transfer of

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more than 50 miles by highway, or dismissal shall receive written

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notice of such action within at least 10 days before prior to the

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date such action is to be taken. Subsequent to such notice, and

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before prior to the date the action is to be taken, the affected

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employee shall be given an opportunity to appear before the

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agency or official taking the action to answer orally and in

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writing the charges against him or her, as appropriate. The

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notice to the employee required by this paragraph may be

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delivered to the employee personally or may be sent by certified

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mail with return receipt requested. Such actions are shall be

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appealable to the Public Employees Relations Commission as

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provided in subsection (6). Written notice of any such appeal

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shall be filed by the employee with the commission within 21 14

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calendar days after the date on which the notice of lay off,

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suspension, reduction in pay, demotion, involuntary transfer of

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50 miles or more, or dismissal is received by the employee.

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     (b) A career service employee who has attained permanent

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status, but who is serving a probationary period in a position to

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which he or she has been promoted, may be removed from that

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promotional position at any time during the probationary period

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without a showing of cause but must be returned to his or her

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former position or occupational group and occupational level from

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which he or she was promoted if the position is available. If the

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position is no longer available, the agency shall make every

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effort to retain the employee.

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     (c)(b) In extraordinary situations such as when the

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retention of a career service employee who has permanent status

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satisfactorily completed at least a 1-year probationary period in

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his or her current position would result in damage to state

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property, would be detrimental to the best interest of the state,

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or would result in injury to the employee, a fellow employee, or

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some other person, the such employee may be suspended or

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dismissed without 10 days' prior notice, provided that written or

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oral notice of such action, evidence of the reasons for the

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

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may be sent by certified mail with return receipt requested.

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Agency compliance with the requirements for foregoing procedure

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requiring notice, evidence, and an opportunity for rebuttal must

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be substantiated. Any employee who is suspended or dismissed

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pursuant to the provisions of this paragraph may appeal 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 with the

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commission by the employee within 21 14 days after the date on

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which the notice of suspension, reduction in pay, demotion, or

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dismissal is 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 after following the filing of a notice of appeal.

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An No extension of time for the hearing may not exceed 30

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calendar days, absent exceptional circumstances, and no extension

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of time may not be granted without the consent of all parties.

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Discovery may be granted only upon the showing of extraordinary

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circumstances. A party requesting discovery shall demonstrate a

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substantial need for the information requested and an inability

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to obtain relevant information by other means. Except where

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inconsistent with the requirements of this subsection, the

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provisions of s. 447.503(4) and (5) and chapter 120 apply to

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proceedings held pursuant to 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 just cause existed

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for the agency action, the commission shall consider mitigation

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of the discipline for any appropriate cause or affirm the

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decision of the agency head. The commission may not reduce the

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

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enforcement or correctional officers, firefighters, and

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professional health care providers and all other career service

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employees who have achieved permanent status, if the commission

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makes specific written findings of mitigation.

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

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officer within 30 days after following the hearing. Exceptions to

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the recommended order must shall be filed within 15 5 business

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days after the recommended order is issued. The final order shall

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be filed by the commission within no later than 30 calendar days

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after the hearing or after the filing of exceptions or oral

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arguments if 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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     (7)  Other than for law enforcement or correctional

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officers, firefighters, and professional health care providers,

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and all other career service employees who have achieved

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permanent status, each suspension, dismissal, demotion, or

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reduction in pay must be reviewed without consideration of any

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other case or set of facts.

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