HB 1441

1	A bill to be entitled
2	An act relating to state employees; amending s. 110.227,
3	F.S.; providing that certain employees may be disciplined
4	only for just cause; authorizing progressive discipline
5	under certain circumstances; revising provisions relating
6	to rules and procedures for the transfer, layoff, and
7	discipline of employees in the career service; revising
8	requirements relating to implementation of layoffs and
9	revising application of existing provisions prescribing
10	layoff procedures; revising method by which layoff
11	procedures shall be developed; revising procedures with
12	respect to the employee grievance process; revising notice
13	procedures; revising discipline appeal procedures;
14	revising powers of the Public Employees Relations
15	Commission; deleting requirements with respect to certain
16	review of suspensions, dismissals, demotions, or
17	reductions in pay; amending s. 1009.265, F.S.; revising
18	conditions for the use of state employee fee waivers;
19	providing for determination of space available in a
20	course; authorizing calculation for state funding
21	purposes; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Section 110.227, Florida Statutes, is amended
26	to read:
27	110.227  Suspensions, dismissals, reductions in pay,
28	demotions, layoffs, transfers, and grievances.--
29	(1)  Any employee who has satisfactorily completed at least
30	a 1-year probationary period in his or her current position may
31	be disciplined suspended or dismissed only for just cause. Just
32	cause shall include, but is not limited to, poor performance,
33	negligence, inefficiency or inability to perform assigned
34	duties, insubordination, violation of the provisions of law or
35	agency rules, conduct unbecoming a public employee, misconduct,
36	habitual drug abuse, or conviction of any crime. Progressive
37	discipline, consisting of oral or written reprimands,
38	suspensions of up to 30 days, reduction in pay, demotion, and
39	termination of employment, shall be administered as the case may
40	warrant. The agency head shall ensure that all employees of the
41	agency have reasonable access to the agency's personnel manual.
42	(2)(a)  The department shall establish rules and procedures
43	for the suspension, reduction in pay, transfer, layoff,
44	demotion, and discipline dismissal of employees in the career
45	service. Except with regard to law enforcement or correctional
46	officers, firefighters, or professional health care providers,
47	rules regarding layoff procedures shall not include any system
48	whereby a career service employee with greater seniority has the
49	option of selecting a different position not being eliminated,
50	but either vacant or already occupied by an employee of less
51	seniority, and taking that position, commonly referred to as
52	"bumping."
53	(b)  For the implementation of layoffs as defined in s.
54	110.107, the department shall develop rules requiring retention
55	of the agency's employees based upon objective measures that
56	give consideration to comparative merit, demonstrated skills,
57	the employee's experience, and the employee's length of service.
58	Such rules shall be approved by the Administration Commission
59	before their adoption by the department.
60	(c)  With regard to all career service employees, the
61	procedural system established for the purpose of retention shall
62	be based only on objective criteria crediting comparative merit,
63	demonstrated skills, the employee's experience as reflected by
64	employee performance appraisals, and length of service in the
65	Career Service System.
66	(3)(a)  With regard to all career service employees,
67	including, but not limited to, law enforcement or correctional
68	officers, firefighters, or professional health care providers,
69	when a layoff becomes necessary, such layoff shall be conducted
70	within the competitive area identified by the agency head and
71	approved by the Department of Management Services. Such
72	competitive area shall be established taking into consideration
73	the similarity of work; the organizational unit, which may be by
74	agency, department, division, bureau, or other organizational
75	unit; and the commuting area for the work affected.
76	(b)  With regard to all career service employees,
77	including, but not limited to, law enforcement or correctional
78	officers, firefighters, or professional health care providers,
79	layoff procedures shall be developed to establish the length of
80	service, relative merit, and fitness of employees and shall
81	include a formula for uniform application among all employees in
82	the competitive area, taking into consideration the type of
83	appointment, the length of service, and the evaluations of the
84	employee's performance within the last 5 years of employment.
85	(4)  A grievance process shall be available to career
86	service employees who have satisfactorily completed at least a
87	1-year probationary period in their current positions. A
88	grievance is defined as the dissatisfaction that occurs when an
89	employee believes that any condition affecting the employee is
90	unjust, inequitable, or a hindrance to effective operation.
91	Claims of discrimination and sexual harassment or claims related
92	to layoffs, transfer of more than 50 miles by highway, and
93	discipline other than reprimands suspensions, reductions in pay,
94	demotions, and dismissals are not subject to the career service
95	grievance process. The following procedures shall apply to any
96	grievance filed pursuant to this subsection, except that all
97	timeframes may be extended in writing by mutual agreement:
98	(a)  Step One.--The employee may submit a signed, written
99	grievance on a form provided by the agency to his or her
100	supervisor within 14 calendar days following the occurrence of
101	the event giving rise to the grievance. The supervisor must meet
102	with the employee to discuss the grievance and provide a written
103	response to the employee within 7 business days following
104	receipt of the grievance.
105	(b)  Step Two.--If the employee is dissatisfied with the
106	response of his or her supervisor, the employee may submit the
107	written grievance to the agency head or his or her designee
108	within 7 business days following receipt of the supervisor's
109	written response. The agency head or his or her designee must
110	meet with the employee to discuss the grievance within 5
111	business days following receipt of the grievance. The agency
112	head or his or her designee must respond in writing to the
113	employee within 5 business days following the meeting. The
114	written decision of the agency head shall be the final authority
115	for all grievances filed pursuant to this subsection. Such
116	grievances may not be appealed beyond Step Two.
117	(5)(a)  A career service employee who has satisfactorily
118	completed at least a 1-year probationary period in his or her
119	current position and who is subject to a layoff suspension,
120	reduction in pay, demotion, involuntary transfer of more than 50
121	miles by highway, or discipline other than reprimand dismissal
122	shall receive written notice of such action at least 10 days
123	prior to the date such action is to be taken. Subsequent to such
124	notice, and prior to the date the action is to be taken, the
125	affected employee shall be given an opportunity to appear before
126	the agency or official taking the action to answer orally and in
127	writing the charges against him or her. The notice to the
128	employee required by this paragraph may be delivered to the
129	employee personally or may be sent by certified mail with return
130	receipt requested. Such actions shall be appealable to the
131	Public Employees Relations Commission as provided in subsection
132	(6). Written notice of any such appeal shall be filed by the
133	employee with the commission within 21 calendar days after the
134	date on which the notice of layoff suspension, reduction in pay,
135	demotion, involuntary transfer of more than 50 miles by highway,
136	or discipline other than reprimand dismissal is received by the
137	employee.
138	(b)  In extraordinary situations such as when the retention
139	of a career service employee who has satisfactorily completed at
140	least a 1-year probationary period in his or her current
141	position would result in damage to state property, would be
142	detrimental to the best interest of the state, or would result
143	in injury to the employee, a fellow employee, or some other
144	person, such employee may be suspended or dismissed without 10
145	days' prior notice, provided that written or oral notice of such
146	action, evidence of the reasons therefor, and an opportunity to
147	rebut the charges are furnished to the employee prior to such
148	dismissal or suspension. Such notice may be delivered to the
149	employee personally or may be sent by certified mail with return
150	receipt requested. Agency compliance with the foregoing
151	procedure requiring notice, evidence, and an opportunity for
152	rebuttal must be substantiated. Any employee who is suspended or
153	dismissed pursuant to the provisions of this paragraph may
154	appeal to the Public Employees Relations Commission as provided
155	in subsection (6). Written notice of any such appeal shall be
156	filed with the commission by the employee within 21 days after
157	the date on which the notice of suspension, reduction in pay,
158	demotion, or dismissal is received by the employee.
159	(6)  The following procedures shall apply to appeals filed
160	pursuant to subsection (5) with the Public Employees Relations
161	Commission, hereinafter referred to as the commission:
162	(a)  The commission must conduct a hearing within 60
163	calendar days following the filing of a notice of appeal. No
164	extension of time for the hearing may exceed 30 calendar days,
165	absent exceptional circumstances, and no extension of time may
166	be granted without the consent of all parties. Discovery may be
167	granted only upon the showing of extraordinary circumstances. A
168	party requesting discovery shall demonstrate a substantial need
169	for the information requested and an inability to obtain
170	relevant information by other means. Except where inconsistent
171	with the requirements of this subsection, the provisions of s.
172	447.503(4) and (5) and chapter 120 apply to proceedings held
173	pursuant to this subsection.
174	(b)  A person may represent himself or herself in
175	proceedings before the commission or may be represented by legal
176	counsel or by any individual who qualifies as a representative
177	pursuant to rules adopted by the commission.
178	(c)  If the commission finds that just cause did not exist
179	for the agency action, the commission shall reverse the decision
180	of the agency head and the employee shall be reinstated with or
181	without back pay. If the commission finds that just cause
182	existed for the agency action, the commission shall affirm the
183	decision of the agency head. The commission may not reduce the
184	penalty imposed by the agency head, for all career service
185	employees, including, but not limited to, except in the case of
186	law enforcement or correctional officers, firefighters, and
187	professional health care providers, if the commission makes
188	specific written findings of mitigation.
189	(d)  A recommended order shall be issued by the hearing
190	officer within 30 days following the hearing. Exceptions to the
191	recommended order shall be filed within 15 days after the
192	recommended order is issued. The final order shall be filed by
193	the commission no later than 45 calendar days after the hearing
194	or after the filing of exceptions or oral arguments if granted.
195	(e)  Final orders issued by the commission pursuant to
196	paragraph (d) shall be reviewable as provided in s. 447.504.
197	(7)  Other than for law enforcement or correctional
198	officers, firefighters, and professional health care providers,
199	each suspension, dismissal, demotion, or reduction in pay must
200	be reviewed without consideration of any other case or set of
201	facts.
202	(7)(8)  A career service employee who is serving a
203	probationary period in a position to which he or she has been
204	promoted may be removed from that promotional position at any
205	time during the probationary period but must be returned to his
206	or her former position, or a comparable position, if such a
207	position is vacant. If such a position is not available, before
208	dismissal, the agency shall make a reasonable effort to retain
209	the employee in another vacant position. This subsection does
210	not apply to terminations for cause as described in subsection
211	(1), nor does it create a right to "bump" an employee from an
212	occupied position as described in paragraph (2)(a).
213	Section 2.  Subsection (1) of section 1009.265, Florida
214	Statutes, is amended to read:
215	1009.265  State employee fee waivers.--
216	(1)  As a benefit to the employer and employees of the
217	state, subject to approval by an employee's agency head or the
218	equivalent, each state university and community college shall
219	waive tuition and fees for state employees to enroll for up to 6
220	credit hours of courses, including distance learning or online
221	courses, per term on a space-available basis. The employee must
222	have the approval of his or her supervisor to use the waiver to
223	take a course or courses during normal work hours. For purposes
224	of implementing this section, the space available in a course
225	must be determined no later than the end of the drop-add period
226	based on the number of seats or capacity remaining in the
227	course. State employee fee waivers may not be used for
228	dissertation, thesis, directed individualized study, or other
229	one-to-one instruction. Credit hours generated by students using
230	a state employee fee waiver may be included in the calculation
231	of full-time equivalent enrollments for state funding purposes.
232	Section 3.  This act shall take effect July 1, 2009.

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