| 13 | 13 | | An act relating to Santa Rosa County; amending chapter 2 |
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| 14 | 14 | | 79-561, Laws of Florida, as amended; revising 3 |
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| 15 | 15 | | definitions; removing the school board as a taxing 4 |
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| 16 | 16 | | authority; revising the method of electing the civil 5 |
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| 17 | 17 | | service board and budget appropriations; repealing 6 |
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| 18 | 18 | | implementing rules relating to the classified pay 7 |
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| 19 | 19 | | plan, leave, and holiday policies; providing that 8 |
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| 20 | 20 | | actions related to suspensions, demotions, and 9 |
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| 21 | 21 | | dismissals may be filed through the board of county 10 |
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| 22 | 22 | | commissioners' human resources department; providing 11 |
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| 23 | 23 | | an effective date. 12 |
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| 24 | 24 | | 13 |
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| 25 | 25 | | Be It Enacted by the Legislature of the State of Florida: 14 |
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| 26 | 26 | | 15 |
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| 27 | 27 | | Section 1. Subsections (2) and (9) through (18) of section 16 |
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| 28 | 28 | | 1, section 3, subsections (1), (2), and (3) of section 4, 17 |
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| 29 | 29 | | sections 5, 6, 7, and 12, subsection (1) of section 16, 18 |
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| 30 | 30 | | subsections (2), (3), (6), and (7) of section 21, and section 24 19 |
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| 31 | 31 | | of chapter 79-561, Laws of Florida, as amended by chapter 2002 -20 |
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| 32 | 32 | | 385, Laws of Florida, ar e amended to read: 21 |
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| 33 | 33 | | Section 1. Definitions. —As used in this act: 22 |
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| 34 | 34 | | (2) "Appointing authority" means county commission, clerk 23 |
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| 35 | 35 | | of the circuit and county courts, tax collector, property 24 |
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| 36 | 36 | | appraiser, sheriff, and supervisor of elections , superintendent 25 |
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| 44 | 44 | | Page 2 of 11 |
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| 45 | 45 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 46 | 46 | | |
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| 47 | 47 | | of schools, school board, and regional library . Within the 26 |
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| 48 | 48 | | limitation of the foregoing words, appointing authority also 27 |
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| 49 | 49 | | means and includes all officers and agencies now or hereafter 28 |
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| 50 | 50 | | having the authority to make contracts of employment with 29 |
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| 51 | 51 | | persons in the classif ied service as defined in this act. 30 |
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| 52 | 52 | | (9) "Constitutional officer" means the sheriff, clerk of 31 |
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| 53 | 53 | | circuit and county courts court, tax collector, property 32 |
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| 54 | 54 | | appraiser, or supervisor of elections. 33 |
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| 55 | 55 | | (10) "Demotion" means an involuntary change of job 34 |
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| 56 | 56 | | position that results in a reduction in pay. 35 |
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| 57 | 57 | | (11) "Department" means a major subdivision of the two 36 |
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| 58 | 58 | | taxing authorities provided for in this act or as established by 37 |
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| 59 | 59 | | an appointing authority. 38 |
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| 60 | 60 | | (12) "Division" means a subdivision of any department, as 39 |
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| 61 | 61 | | established by that appointing authority. 40 |
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| 62 | 62 | | (11)(13) "Employee" means any person who holds an 41 |
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| 63 | 63 | | appointment to any position within the classified service. 42 |
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| 64 | 64 | | (12)(14) "Cause" means actions adversely affecting the 43 |
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| 65 | 65 | | orderly, efficient operation of the service, including, but no t 44 |
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| 66 | 66 | | limited to, insubordination, immorality, drunkenness, 45 |
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| 67 | 67 | | inefficiency, neglect of duty, violation of any employment rule 46 |
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| 68 | 68 | | or regulation or any combination thereof. 47 |
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| 69 | 69 | | (13)(15) "Employment" means the initial appointment to a 48 |
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| 70 | 70 | | position within the classified ser vice of the county. 49 |
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| 71 | 71 | | (14)(16) "Probationary employee" means an employee who has 50 |
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| 79 | 79 | | Page 3 of 11 |
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| 80 | 80 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 81 | 81 | | |
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| 82 | 82 | | served fewer than 365 continuous calendar days from the date of 51 |
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| 83 | 83 | | employment. 52 |
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| 84 | 84 | | (15)(17) "Taxing authority" means one of the following two 53 |
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| 85 | 85 | | major entities of Santa Rosa government: 54 |
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| 86 | 86 | | (a) county commission. 55 |
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| 87 | 87 | | (b) School board. 56 |
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| 88 | 88 | | (16)(18) "Unclassified service" includes any person 57 |
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| 89 | 89 | | elected or appointed members of a board or commission; county 58 |
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| 90 | 90 | | administrator, attorneys and assistant attorneys retained by the 59 |
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| 91 | 91 | | county or any person employed by them; Office of Management and 60 |
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| 92 | 92 | | Budget Director; Public Works Director; Public Service Director ; 61 |
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| 93 | 93 | | persons of highly technical or professional training maintaining 62 |
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| 94 | 94 | | an independent practice employed on a part -time basis; patients 63 |
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| 95 | 95 | | or inmates; persons under nonpermanent federal grants (unless 64 |
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| 96 | 96 | | specifically accepted by the board into the service); 65 |
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| 97 | 97 | | instructional personnel and administrative personnel as 66 |
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| 98 | 98 | | described in section 228.041(9) and (10), Florida Statutes, 67 |
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| 99 | 99 | | respectively; executive director of Nava rre Beach; county 68 |
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| 100 | 100 | | engineer; county project coordinator; judicial clerk; court 69 |
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| 101 | 101 | | reporters; chief deputy for: sheriff, tax collector, property 70 |
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| 102 | 102 | | appraiser, supervisor of elections, and clerk of circuit and 71 |
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| 103 | 103 | | county courts; one administrative assistant to: sheriff and 72 |
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| 104 | 104 | | property appraiser; one secretary to each judge, county 73 |
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| 105 | 105 | | commissioner, school board member, superintendent of schools, 74 |
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| 106 | 106 | | tax collector, supervisor of elections, and clerk of the circuit 75 |
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| 114 | 114 | | Page 4 of 11 |
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| 115 | 115 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 116 | 116 | | |
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| 117 | 117 | | and county courts, and county administrator ; and one 76 |
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| 118 | 118 | | supervisory-level-technical person employed or appointed by and 77 |
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| 119 | 119 | | at the discretion of an appointing authority for every 5 10 78 |
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| 120 | 120 | | employees, or fraction thereof, employed in or appointed to the 79 |
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| 121 | 121 | | classified service by an appointing authority. 80 |
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| 122 | 122 | | Section 3. Organization of the s ystem.—The various county 81 |
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| 123 | 123 | | governmental agencies shall be organized into the county 82 |
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| 124 | 124 | | commission following two taxing authority authorities for 83 |
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| 125 | 125 | | administration under the board as provided in this act . The: 84 |
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| 126 | 126 | | (1) COUNTY COMMISSION TAXING AUTHORITY. —This taxing 85 |
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| 127 | 127 | | authority shall include the classified employees of all agencies 86 |
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| 128 | 128 | | of government not specifically designated by this section as 87 |
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| 129 | 129 | | part of another taxing authority, and shall include but not be 88 |
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| 130 | 130 | | limited to all classified employees working for the county 89 |
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| 131 | 131 | | commissioners, sheriff, property appraiser, tax collector, clerk 90 |
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| 132 | 132 | | of the circuit and county courts , West Florida Regional Library, 91 |
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| 133 | 133 | | and supervisor of elections. 92 |
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| 134 | 134 | | (2) SCHOOL BOARD TAXING AUTHORITY. —This taxing authority 93 |
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| 135 | 135 | | shall include all classified employees of the school board. 94 |
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| 136 | 136 | | Section 4. Civil service board created. — 95 |
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| 137 | 137 | | (1) A civil service board consisting of five members is 96 |
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| 138 | 138 | | hereby created. Members are seated in the following manner: two 97 |
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| 139 | 139 | | members One member elected by vote of the county commission 98 |
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| 140 | 140 | | classified employees, one member elected by vote of the school 99 |
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| 141 | 141 | | board classified employees, one member appointed by the county 100 |
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| 149 | 149 | | Page 5 of 11 |
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| 150 | 150 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 151 | 151 | | |
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| 152 | 152 | | commission, one member appointed by the school board, and two 101 |
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| 153 | 153 | | members elected one member by vote of the constitutional 102 |
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| 154 | 154 | | officers. All members of the board shall serve a 4 -year term. No 103 |
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| 155 | 155 | | member shall serve more than two appointed or elected full terms 104 |
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| 156 | 156 | | in succession. 105 |
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| 157 | 157 | | (2) The supervisor of elections of the county shall be 106 |
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| 158 | 158 | | responsible for conducting the elections for the employee member 107 |
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| 159 | 159 | | members of the board. Said elections are exempt from the Florida 108 |
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| 160 | 160 | | Election Code. The election of members shall be by vote of the 109 |
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| 161 | 161 | | classified employees of the respective taxing authorities as 110 |
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| 162 | 162 | | outlined in this section, and nominations of candidates for said 111 |
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| 163 | 163 | | positions shall be submitted in writing and signed by 15 members 112 |
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| 164 | 164 | | of the classified service employed within the taxing authority 113 |
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| 165 | 165 | | authorities holding the election and filed with the supervisor 114 |
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| 166 | 166 | | of elections at least 21 days prior to the date on which 115 |
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| 167 | 167 | | elections shall be held. The names of all persons nominated by 116 |
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| 168 | 168 | | the classified employees shall be printed upon a ballot. The 117 |
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| 169 | 169 | | classified employees shall be permitted to vote in the election 118 |
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| 170 | 170 | | by a secret ballot. The use of a mailout ballot is permitted. 119 |
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| 171 | 171 | | The election shall be b y a majority of the votes cast. 120 |
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| 172 | 172 | | (3) Any member of the board may be disqualified to hear 121 |
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| 173 | 173 | | and determine any cause if there exists any grounds under the 122 |
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| 174 | 174 | | laws of Florida which would disqualify the judge of any court, 123 |
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| 175 | 175 | | or which is a ground of challenge for cau se to a juror. If any 124 |
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| 176 | 176 | | person charged with any offense or violation of any law or rule 125 |
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| 184 | 184 | | Page 6 of 11 |
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| 185 | 185 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 186 | 186 | | |
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| 187 | 187 | | of the board files an affidavit stating that he or she does not 126 |
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| 188 | 188 | | believe that he or she will receive a fair hearing and sets 127 |
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| 189 | 189 | | forth sufficient reasons for such belief, supp orted by two 128 |
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| 190 | 190 | | affidavits of disinterested persons stating that they do not 129 |
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| 191 | 191 | | reasonably believe that such member of the classified service 130 |
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| 192 | 192 | | will receive a fair and impartial hearing, the board member so 131 |
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| 193 | 193 | | challenged shall disqualify himself or herself. If sufficient 132 |
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| 194 | 194 | | challenges are made to reduce the number sitting on the board to 133 |
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| 195 | 195 | | less than three, then an alternate member shall be selected by 134 |
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| 196 | 196 | | the remaining members of the board for the purpose of hearing 135 |
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| 197 | 197 | | that particular cause before the board. 136 |
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| 198 | 198 | | Section 5. Existing board to assume authority; election or 137 |
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| 199 | 199 | | appointment date.—Elections or appointments shall be held or 138 |
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| 200 | 200 | | made on the last Tuesday in May , with the exception of the 139 |
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| 201 | 201 | | appointment of the fifth member of the board, which will be made 140 |
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| 202 | 202 | | at the next meeting. The board members shall take office at the 141 |
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| 203 | 203 | | next meeting of the board. The oath of office shall be 142 |
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| 204 | 204 | | administered to each of the board members by the clerk of the 143 |
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| 205 | 205 | | circuit and county courts. 144 |
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| 206 | 206 | | Section 6. Appropriations to be made for the board. —The 145 |
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| 207 | 207 | | county commission is and the school board are hereby required to 146 |
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| 208 | 208 | | appropriate and fund between them a sufficient sum of money for 147 |
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| 209 | 209 | | the operations of the board and for the enforcement of this act. 148 |
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| 210 | 210 | | The board shall submit an annual budget to the county commission 149 |
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| 211 | 211 | | and school board at least 30 days prior to the beginning of the 150 |
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| 219 | 219 | | Page 7 of 11 |
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| 220 | 220 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 221 | 221 | | |
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| 222 | 222 | | new fiscal year for each taxing authority. Each taxing authority 151 |
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| 223 | 223 | | shall include one-half of this budget amount in each of their 152 |
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| 224 | 224 | | respective budgets. The actual legal expenses for hearings shall 153 |
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| 225 | 225 | | not be a budget item but will be billed separately by the board 154 |
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| 226 | 226 | | to the county commission and school board for the hearings that 155 |
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| 227 | 227 | | involve their taxing authority . If the requested budget is 156 |
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| 228 | 228 | | disapproved by the county commission both or either of the 157 |
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| 229 | 229 | | taxing authorities, said budget submitted shall be subject to 158 |
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| 230 | 230 | | review by the circuit court for unreasonableness upon the 159 |
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| 231 | 231 | | resolution of the civil service board requesting such review. 160 |
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| 232 | 232 | | Section 7. Board to be independent; staff authorized; 161 |
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| 233 | 233 | | attorney.—The board shall be independent and is authorized to 162 |
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| 234 | 234 | | employ a staff and legal counsel as it may deem qualified and 163 |
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| 235 | 235 | | competent to carry out the purpose of this act. The board is 164 |
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| 236 | 236 | | also authorized to use personnel in the employ of the county, 165 |
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| 237 | 237 | | subject to approval from the appointing authority , to assist in 166 |
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| 238 | 238 | | carrying out the provisions of this act. The attorney chosen 167 |
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| 239 | 239 | | shall be independent of the county and its appointing 168 |
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| 240 | 240 | | authorities as defined in this act , and shall advise the board 169 |
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| 241 | 241 | | and staff with respect to all legal matters of policy and 170 |
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| 242 | 242 | | procedures. The board attorney shall act as counsel and/or 171 |
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| 243 | 243 | | hearing officer to the board at all hearings and trials. The 172 |
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| 244 | 244 | | attorneys for the appointing authorities enumerated in this act 173 |
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| 245 | 245 | | shall, when requested by the appointing authorities, appear and 174 |
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| 246 | 246 | | prosecute charges at trials or hearings before the board. 175 |
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| 254 | 254 | | Page 8 of 11 |
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| 255 | 255 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 256 | 256 | | |
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| 257 | 257 | | Section 12. Officers and meetings. —The board shall elect 176 |
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| 258 | 258 | | one of its members as chairman and another member as vice -177 |
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| 259 | 259 | | chairman, and shall meet at such time and place as specified by 178 |
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| 260 | 260 | | call of the chairman with ad vance written notice to each member 179 |
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| 261 | 261 | | at least 2 days prior to said meeting. Notice shall be deemed 180 |
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| 262 | 262 | | sufficient when mailed to the current address of each member on 181 |
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| 263 | 263 | | file with the board. All meetings shall be open to the public. 182 |
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| 264 | 264 | | Three members of the board shal l constitute a quorum for the 183 |
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| 265 | 265 | | transaction of business. 184 |
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| 266 | 266 | | Section 16. Rules for classified service; posting of 185 |
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| 267 | 267 | | rules.— 186 |
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| 268 | 268 | | (1) Rules implementing a classified pay plan, leave and 187 |
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| 269 | 269 | | holiday policies, reduction-in-force guidelines, and procedures 188 |
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| 270 | 270 | | relating to hearings of the Civil Service Board which have 189 |
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| 271 | 271 | | general application to the classified employees under the board 190 |
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| 272 | 272 | | of county commissioners and constitutional officers shall be 191 |
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| 273 | 273 | | adopted and may be amended by vote of the board of county 192 |
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| 274 | 274 | | commissioners and constituti onal officers. Each county 193 |
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| 275 | 275 | | commissioner and each constitutional officer shall have one 194 |
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| 276 | 276 | | vote. If there is a tie vote, the majority vote of the board of 195 |
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| 277 | 277 | | county commissioners shall prevail. 196 |
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| 278 | 278 | | Section 21. Suspensions, demotions, dismissals, and 197 |
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| 279 | 279 | | hearings.— 198 |
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| 280 | 280 | | (2) Such action may be filed through with the board of 199 |
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| 281 | 281 | | county commissioners' human resources department no more than 10 200 |
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| 289 | 289 | | Page 9 of 11 |
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| 290 | 290 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 291 | 291 | | |
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| 292 | 292 | | days excluding holidays of the relevant taxing authority after 201 |
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| 293 | 293 | | the effective date of the disciplinary action, and if not 202 |
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| 294 | 294 | | received in the office of the board within 10 days excluding 203 |
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| 295 | 295 | | holidays of the relevant taxing authority of such action the 204 |
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| 296 | 296 | | employee will be reinstated and reimbursed for loss of pay and 205 |
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| 297 | 297 | | allowances. Such action may then be refiled by the relevant 206 |
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| 298 | 298 | | appointing authority. The reafter, the employee shall have 10 207 |
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| 299 | 299 | | days excluding holidays of the relevant taxing authority after 208 |
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| 300 | 300 | | the action has been filed through with the board of county 209 |
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| 301 | 301 | | commissioners' human resources department within which to 210 |
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| 302 | 302 | | request a hearing before the board on su ch action. If a hearing 211 |
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| 303 | 303 | | is requested by an employee the same shall be heard within a 212 |
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| 304 | 304 | | reasonable time thereafter. Any appointing authority may suspend 213 |
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| 305 | 305 | | a classified employee for a reasonable period not to exceed 30 214 |
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| 306 | 306 | | working days pending hearing and decision. Every such suspension 215 |
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| 307 | 307 | | shall be without pay; provided, however, that the board shall 216 |
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| 308 | 308 | | have authority to conduct a hearing upon appeal by the affected 217 |
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| 309 | 309 | | employee for every such suspension and, in case of its 218 |
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| 310 | 310 | | disapproval, shall have power to restore pay to the e mployee for 219 |
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| 311 | 311 | | such suspended time. 220 |
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| 312 | 312 | | (3) Subject to the foregoing provisions of this section, 221 |
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| 313 | 313 | | no person in the classified service shall be demoted, suspended, 222 |
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| 314 | 314 | | or dismissed except for cause upon written action and after an 223 |
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| 315 | 315 | | opportunity to be heard in his or her own defense. 224 |
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| 316 | 316 | | (6) In case of failure of any person to comply with an 225 |
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| 324 | 324 | | Page 10 of 11 |
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| 325 | 325 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 326 | 326 | | |
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| 327 | 327 | | order of the board, or a subpoena issued by the board or any of 226 |
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| 328 | 328 | | its members or director, or on the refusal of a witness to 227 |
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| 329 | 329 | | testify to any matter to which he or she may be lawfully 228 |
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| 330 | 330 | | interrogated, a judge of a court of competent jurisdiction in 229 |
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| 331 | 331 | | the county in which the person resides, on application of any 230 |
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| 332 | 332 | | member of the board or its designee, shall compel the person to 231 |
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| 333 | 333 | | testify or comply with said order or subpoena. 232 |
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| 334 | 334 | | (7) The sheriff of any county shall serve such subpoena 233 |
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| 335 | 335 | | and shall receive the same fees as he or she normally charged 234 |
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| 336 | 336 | | charges for such service, and each witness who appears, in 235 |
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| 337 | 337 | | obedience to a subpoena before the board or a member or its 236 |
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| 338 | 338 | | designee, shall receive for his or her attendance the fees and 237 |
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| 339 | 339 | | mileage provided for witnesses in civil cases in the civil 238 |
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| 340 | 340 | | courts of this state, which shall be audited and paid in the 239 |
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| 341 | 341 | | same manner as other expenses are audited and paid, upon the 240 |
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| 342 | 342 | | presentation of proper vouchers approved by any two m embers of 241 |
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| 343 | 343 | | the board. 242 |
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| 344 | 344 | | Section 24. Political activity. —Any member of the 243 |
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| 345 | 345 | | classified service who chooses to run for any elective county or 244 |
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| 346 | 346 | | state public office shall, upon qualifying for such office, be 245 |
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| 347 | 347 | | immediately deemed to have temporarily terminated his or her 246 |
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| 348 | 348 | | employment as a classified employee and all pay and other 247 |
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| 349 | 349 | | benefits accruing under this act shall cease to run until such 248 |
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| 350 | 350 | | time as said employee is no longer a candidate for elective 249 |
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| 351 | 351 | | public office. In the event said employee is not elected to said 250 |
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| 359 | 359 | | Page 11 of 11 |
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| 360 | 360 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 361 | 361 | | |
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| 362 | 362 | | public office, the employee he shall be reinstated to his or her 251 |
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| 363 | 363 | | prior position without penalty except for the loss of pay and 252 |
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| 364 | 364 | | accrued benefits during the temporary suspension of employment. 253 |
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| 365 | 365 | | In the event said employee is elected to the elective office, 254 |
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| 366 | 366 | | the employee he shall be allowed to resume his or her employment 255 |
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| 367 | 367 | | within the classified service only for that period of time 256 |
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| 368 | 368 | | following the day of his or her election until the date he or 257 |
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| 369 | 369 | | she assumes said office, at which time his or her employment 258 |
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| 370 | 370 | | within the classified service shall terminate. 259 |
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| 371 | 371 | | Section 2. This act shall take effect upon becoming a law. 260 |
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