Florida 2022 2022 Regular Session

Florida House Bill H1135 Analysis / Analysis

Filed 02/03/2022

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1135c.GOS 
DATE: 2/3/2022 
 
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS 
 
BILL #: HB 1135    Santa Rosa County 
SPONSOR(S): Williamson 
TIED BILLS:    IDEN./SIM. BILLS:   
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Local Administration & Veterans Affairs 
Subcommittee 
15 Y, 0 N Darden Miller 
2) Government Operations Subcommittee 16 Y, 0 N Skinner Toliver 
3) State Affairs Committee    
SUMMARY ANALYSIS 
The Santa Rosa County Civil Service Act (Act) was established by special act in 1979.  The Act created the 
Santa Rosa County Civil Service Board (Board), a five-member body consisting of: 
 One member elected by the “classified” employees of the county commission; 
 One member elected by the “classified” employees of the school district; 
 One member appointed by the county commission; 
 One member appointed by the school board; and 
 One member appointed by vote of the county’s constitutional officers.   
 
The Board is responsible for reviewing demotions, suspensions, and dismissals of employees by any of the 
appointing authorities by receiving documentation of personnel actions and conducting hearings. 
 
The bill removes the Santa Rosa County School District and the West Florida Regional Library from being 
subject to the Act and makes conforming changes throughout, including changing the selection mechanism for 
members of the Board to: 
 Two members elected by the “classified” employees of the county commission; 
 Two members elected by the county’s constitutional officers; and 
 One member selected by the county commission. 
 
The bill also makes several other changes to the Board and its powers, including: 
 Amending the definition of “unclassified service” to exclude administrative support personnel of the 
county attorney’s office and the county’s constitutional officers; 
 Repealing rule-making authority for a classified pay plan and leave and holiday policies; 
 Requiring the county commission or county constitutional officers to file notice of demotions, 
suspensions, and dismissals with the county commissioners’ human resources department; and 
 Updating certain terms in the Act to use gender-neutral language. 
   STORAGE NAME: h1135c.GOS 	PAGE: 2 
DATE: 2/3/2022 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Background 
 
The Santa Rosa County Civil Service Act (Act) was established by special act in 1979.
1
 The Act was 
subsequently significantly revised in 1994 and 2002.
2
 The Act created the Santa Rosa County Civil 
Service Board (Board), a five-member body consisting of: 
 One member elected by the “classified” employees of the county commission;
3
 
 One member elected by the “classified” employees of the school district; 
 One member appointed by the county commission; 
 One member appointed by the school board; and 
 One member appointed by vote of the county’s constitutional officers.
4
  
 
Members of the Board serve a four-year term and are limited to two consecutive terms. Candidates for 
elected positions must submit a petition signed by at least 15 percent of the employees within the group 
that elects them.
5
 All members of the Board must be residents of Santa Rosa County and may not be 
an elected official, an employee of any appointing body, or a person who has been convicted of a 
felony or a crime involving moral turpitude.
6
 Members of the Board receive a fixed monthly allowance 
set by joint resolution of the county commission and school board, with a minimum allowance of $150 
per month ($200 for the Board’s chairperson).
7
 
 
The Board is funded by appropriations from the county commission and the school board, with each 
entity providing half of the administrative cost of the Board and being responsible for the cost of hearing 
that involve that entity.
8
 The budget is subject to the approval of both the county commission and the 
school board. If either entity objects, the Board may request the circuit court review the budget for 
unreasonableness. 
 
The Board is responsible for reviewing demotions, suspensions, and dismissals of employees by any of 
the appointing authorities.
9
 The appointing authority must submit the reason for their decision in writing 
to the Board and the affected employee. The action must be submitted with 10 days, excluding legal 
holidays, after the effective date of the disciplinary action.
10
 If the action is not submitted within the ten-
day period, the employee must be reinstated and reimbursed for loss of pay and allowances, but the 
action may be refiled by the authority. 
 
The employee must be given an opportunity to respond orally or in writing.
11
 The employee may also 
request a hearing before the Board within 10 days of receipt of the written action.
12
 The authority may 
suspend the employee for up to 30 working days without pay pending the hearing. If the Board does 
not approve of the action in hearing, it may require the authority to pay the employee for the 
suspension period. The Board may only reinstate any employee if it finds in a public hearing that the 
employee was not removed for just cause.
13
 
                                                
1
 Ch. 79-561, Laws of Fla. 
2
 See chs. 94-490 and 2002-385, Laws of Fla. 
3
 “Classified employees” include all employees of the taxing authority that are not elected officials or serving in certain supervisory 
roles. See ch. 79-561, s. (1)(18), Laws of Fla., as amended by ch. 2002-385, s. 1, Laws of Fla. (definition of “unclassified service”) and 
ch. 79-561, s. 8, Laws of Fla. (dividing each administrative service of the county into classified and unclassified service categories). 
4
 Ch. 79-561, s. (4)(1), Laws of Fla., as amended by ch. 2002-385, s. 1, Laws of Fla. 
5
 Ch. 79-561, s. (4)(2), Laws of Fla. 
6
 Ch. 79-561, ss. (4)(4) and 11, Laws of Fla. 
7
 Ch. 79-561, s. 10, Laws of Fla. 
8
 Ch. 79-561, s. 6, Laws of Fla. 
9
 Ch. 79-561, s. 21(1), Laws of Fla., as amended by ch. 2002-385, s. 1, Laws of Fla. 
10
 Ch. 79-561, s. 21(2), Laws of Fla., as amended by ch. 2002-385, s. 1, Laws of Fla. 
11
 Ch. 79-561, s. 21(1), Laws of Fla., as amended by ch. 2002-385, s. 1, Laws of Fla. 
12
 Ch. 79-561, s. 21(2), Laws of Fla., as amended by ch. 2002-385, s. 1, Laws of Fla. 
13
 Ch. 79-561, s. 21(4), Laws of Fla.  STORAGE NAME: h1135c.GOS 	PAGE: 3 
DATE: 2/3/2022 
  
 
These provisions do not apply to an employee of an appointing authority who has been employed by 
the authority for less than one year and do not apply to dismissals that occur as part of a reduction in 
force.
14
 
 
Unless otherwise provided by law, school district personnel are governed by the policies adopted by 
the school board.
15
 The Santa Rosa County School District has adopted policies and procedures for 
school personnel.
16
 
 
Effect of Proposed Changes 
 
The bill removes the Santa Rosa County School District and the West Florida Regional Library from 
being subject to the Act and makes conforming changes throughout, including changing the selection 
mechanism for members of the Board to: 
 Two members elected by the “classified” employees of the county commission; 
 Two members elected by the county’s constitutional officers; and 
 One member selected by the county commission. 
 
The bill also makes several other changes to the Board and its powers, including: 
 Amending the definition of “unclassified service” to exclude administrative support personnel of 
the county attorney’s office and the county’s constitutional officers; 
 Repealing rule-making authority for a classified pay plan and leave and holiday policies; 
 Requiring the county commission or county constitutional officers to file notice of demotions, 
suspensions, and dismissals with the county commissioners’ human resources department; and  
 Updates certain terms in the Act to use gender-neutral language. 
 
B. SECTION DIRECTORY: 
Section 1: Amends ch. 79-561, Laws of Fla., as amended, concerning the Santa Rosa County Civil 
Service System. 
 
Section 2: Provides that the bill takes effect upon becoming a law. 
 
II.  NOTICE/REFERENDUM AND OTHER REQUIREMENTS 
 
A.  NOTICE PUBLISHED?     Yes [x]     No [] 
 
      IF YES, WHEN? December 4, 2021 
 
WHERE? The Pensacola News-Journal, a daily newspaper of general circulation in Santa 
Rosa County, Florida. 
 
B.  REFERENDUM(S) REQUIRED?     Yes []     No [x] 
 
      IF YES, WHEN? 
 
C.  LOCAL BILL CERTIFICATION FILED?     Yes [x]     No [] 
 
D.  ECONOMIC IMPACT STATEMENT FILED?    Yes [x]     No [] 
 
                                                
14
 Ch. 79-561, ss. 16(2) and 21(1), Laws of Fla., as amended by ch. 2002-385, s. 1, Laws of Fla. 
15
 S. 1012.23, F.S. 
16
 School Board Policy, ch. 6.00, Human Resources, at https://www.santarosa.k12.fl.us/school-board/policytoc/ (last visited Jan. 29, 
2022).  STORAGE NAME: h1135c.GOS 	PAGE: 4 
DATE: 2/3/2022 
  
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
None. 
 
B. RULE-MAKING AUTHORITY: 
The bill neither requires nor authorizes administrative rulemaking by executive agencies. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES