STORAGE NAME: h4073.IAS
DATE: 3/17/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 4073
TITLE: Leon County Career Services Employment Act
SPONSOR(S): Tant
COMPANION BILL: None
LINKED BILLS: None
RELATED BILLS: None
Committee References
Intergovernmental Affairs
Government Operations
State Affairs
SUMMARY
Effect of the Bill:
The bill revises the Leon County Sheriff's Office Career Service Employees' Act to clarify the powers of the Sheriff in
making personnel decisions, updating the appeals process for permanent status employees, and repealing
provisions relating to a complaint review process.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill revises the applicability of the Leon County Sheriff's Office (LCSO) Career Service Employees' Act to
remove sworn and civilian personnel of the rank of captain or higher from its protections, except for those related
to transition to a new sheriff. (Section 1)
The bill specifies that an employee who is placed on disciplinary probation or terminated and rehired at a later
date must complete the year-long probationary period before being granted permanent status again regardless of
the reason for the disciplinary probation or termination. The bill describes that being reassigned from special
duties, from one shift to another, or being transferred from one division to another for the benefit of the LCSO, even
if a reduction in pay occurs, is not a demotion. The bill removes provisions requiring notice of suspension or
dismissal and instead authorizes the Sheriff to promote, demote, transfer, and determine disciplinary measures,
including dismissal. (Section 1)
The bill revises transition provisions to allow the Sheriff to replace officers at the ranks of captain and above,
moving the prior occupants of those positions to a prior permanent non-exempt position or rank held prior to their
appointment of exempt status, reducing the member to the rank of deputy sheriff, or offering the prior occupant a
transfer to any position they are qualified for at a pay rate commensurate with the position. (Section 1)
The bill revises the appeals process by:
Requiring the ranking officer in charge of personnel to schedule the time and location of Career Service
Appeals Board meetings, notify board members of the meeting, and post notice as required by law;
Requiring any unpaid suspension to be stayed during the appeals process;
Clarifying that the Sheriff is represented by his or her General Counsel or other representative;
Providing that irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all other
evidence, including hearsay, is admissible; and JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Providing that the actions of the appeals board and sheriff are exempt from the provisions of ch. 120, F.S.
(Section 1)
The bill repeals provisions concerning the complaint review process. (Section 1)
The bill provides for severability. (Section 2)
The bill provides an effective date of upon becoming a law. (Section 3).
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Employment Protections for Deputy Sheriffs
Sheriffs may appoint deputies to serve as “the sheriff’s alter ego” with all of his powers except the power to appoint
other deputies.
1 Each sheriff, as a constitutional officer, possesses significant independence concerning the
selection of personnel, including the hiring and firing of officers and setting their salaries.
2
Law Enforcement Officers’ Bill of Rights
Law enforcement officers and correctional officers are provided with specified rights when they are being
investigated for misconduct by their own agencies. Chapter 112, part VI, F.S., commonly known as the Law
Enforcement Officers’ Bill of Rights (LEOBOR), provides specific rights when a law enforcement officer
3 or
correctional officer
4 is under investigation and subject to interrogation by members of his or her agency for any
reason that could lead to disciplinary action, suspension, demotion, or dismissal. LEOBOR prescribes the
conditions under which an interrogation of an officer must be conducted, including limitations on the time, place,
manner, and length of the interrogation, as well as restrictions on the interrogation techniques that may be
employed.
5 LEOBOR further affords officers the right to:
Be informed of the nature of the investigation;
Be provided with all evidence against the officer before any interrogation;
Counsel during any interrogation;
Have the interrogation recorded;
A complete copy of the investigative file;
Be notified of the reason for disciplinary action before it is imposed; and
Address the findings in the investigative file with the employing agency before disciplinary action is
imposed.
6
In addition to providing a law enforcement officer or correctional officer with a list of rights that may be exercised
while he or she is being investigated for misconduct by an agency, LEOBOR also requires every law enforcement
agency and correctional agency to establish and put into operation a system for the receipt, investigation, and
determination of misconduct complaints received by such agency from any person.
7
1
Tanner v. McCall, 625 F.2d 1183 (5th Cir. 1980).
2
S. 30.53, F.S.
3
“Law enforcement officer” is defined as any person, other than a chief of police, who is employed full time by any
municipality or the state or any political subdivision thereof and whose primary responsibility is the prevention and detection
of crime or the enforcement of the penal, traffic, or highway laws of this state; and includes any person who is appointed by
the sheriff as a deputy sheriff pursuant to s. 30.07, F.S. S. 112.531(3), F.S.
4
“Correctional officer” is defined as any person, other than a warden, who is appointed or employed full time by the state or
any political subdivision thereof whose primary responsibility is the supervision, protection, care, custody, or control of
inmates within a correctional institution; and includes correctional probation officers, as defined in s. 943.10(3), F.S. However,
the term “correctional officer” does not include any secretarial, clerical, or professionally trained personnel. S. 112.531(2), F.S.
5
S. 112.532(1), F.S.
6
S. 112.532(1) and (4), F.S.
7
S. 112.533(1)(a), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
No law enforcement officer or correctional officer may be discharged, disciplined, demoted, denied promotion,
transfer, reassignment or any other form of discrimination as it relates to employment while exercising his or her
rights under LEOBOR.
8
Each law enforcement agency is responsible for establishing a system to receive, investigate, and make
determinations of complaint against its officers.
9 A law enforcement agency may not suspend, demote, dismiss, or
take other disciplinary action against an officer based on act, omission, or complaint if the investigation of the
allegation is not completed within 180 days of the agency receiving notice of the complaint.
10 If the agency
determines disciplinary action is appropriate, the agency must give written notice to the officer specifying the
proposed disciplinary action. This notice must be given within 180 days after the date the agency receives notice of
the alleged misconduct, with the following exceptions:
11
If a law enforcement or correctional officer waives the limitation in writing;
While any criminal investigation or prosecution is ongoing, omission, or other claim of wrongdoing;
If an officer involved in the investigation is incapacitated;
In a multijurisdictional investigation for as long as needed to allow authorities to collaborate;
If the governor declares a state of emergency within the territory of the applicable agency; or
While the officer’s compliance hearing proceeding is ongoing.
An investigation against a law enforcement officer or correctional officer may be reopened if significant new
evidence is discovered that can likely affect the outcome of the investigation or if the evidence could not have been
reasonably discovered during the normal course of an investigation or the evidence came from a pre-disciplinary
response from the officer.
12 Any reopened disciplinary action must be complete within 90 days after the
investigation is reopened.
13
Protections from Termination for Political or Discriminatory Reasons
Deputy sheriffs, are protected from termination for political or discriminatory reasons.
14 These provisions also
apply to a newly-elected or appointed sheriff, but do not prevent that sheriff from replacing deputy sheriffs
assigned to managerial, confidential, or policymaking positions.
15
Each sheriff is required to establish a review board to evaluate appeals by deputy sheriffs alleging termination for
lawful off-duty political activity or for discriminatory reasons.
16 Members of the review board are selected based
on their reputations for fairness, objectivity, and impartiality.
17 The review board does not have investigative
powers, instead serving as a fact finder to assist in arriving at a fair and equitable recommendation. Members of
the board may not have a conflict of interest in the matter being considered and serve without compensation.
If a sheriff’s office employs 150 or more deputy sheriffs, the review board must consist of:
Two certified law enforcement officers within the county, selected by the sheriff;
Two certified law enforcement officers within the county, selected by the deputy appealing the
termination; and
One member chosen by the other four members, who serves as chairperson.
18
If a sheriff’s office employs fewer than 150 deputy sheriffs, the review board consists of a certified law enforcement
officer selected by each party and a third member who is selected by the other two.
19
8
S. 112.5332(5), F.S.
9
S. 112.533(4)(a), F.S.
10
S. 112.532(6)(a), F.S.
11
S. 112.533(6)(a), F.S.
12
S. 112.533(6)(b), F.S.
13
Id.
14
Ch. 94-143, Laws of Fla. Section 2-10 of that act were codified as ss. 30.071-30.079, F.S. A “deputy sheriff” is defined as a law
enforcement officer appointed by the sheriff and certified under chapter 943, but does not include those performing
managerial, confidential, or policymaking duties. S. 30.072(2), F.S.
15
S. 30.078, F.S.
16
S. 30.075(1), F.S.
17
S. 30.075(2), F.S.
18
S. 30.072(4)(a), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
A deputy sheriff must make a written request for a hearing to his or her immediate supervisor within 10 working
days after receiving a termination notice for off-duty political activity.
20 The request must contain a brief statement
on the subject of the appeal and the names of the two law enforcement officers the deputy has selected for the
review board. The supervisor must forward the request to the sheriff and appropriate division commander.
21
The review board must be empaneled and hearing scheduled within 10 working days after receiving the request.
22
At the hearing, the sheriff has the burden of approving the termination was appropriate by the preponderance of
evidence.
23 After the hearing, the board has 10 working days to make its findings.
24 Each complaint receives a
separate finding from the review board, with the board taking into account the seriousness of the complaint, any
extenuating circumstances, and the tenure and past conduct record of the deputy sheriff.
25
The sheriff must notify the deputy sheriff of the final recommendations of the review board.
26 If the sheriff’s action
on appeal is not sustained, the deputy sheriff must be reinstated without prejudice or penalty.
27
These provisions do not apply to:
Deputy sheriffs in a county that has established rights and procedures for deputy sheriffs which are
equivalent to or greater than those above;
Deputy sheriffs in a county that has established a civil or career service system which grants collective
bargaining rights for deputy sheriffs, including, but not limited to, deputy sheriffs in Broward, Miami-Dade,
Duval, Escambia, and Volusia Counties;
Special deputy sheriffs appointed under s. 30.09(4), F.S.
Members of a sheriff’s posse or reserve unit; and
Part-time deputy sheriffs.
Leon County Sheriff's Office (LCSO) Career Service Employees' Act
A career status system for the Leon County Sheriff's Office (LCSO) was established by special act in 1983.
28 The act
applies to all employees of the LCSO, except the sheriff, special deputy sheriffs, members of the sheriff’s posse or
reserve unit, and individuals appointed as part-time deputy sheriffs.
29
Permanent Status
After completing a period of one calendar year, an employee of the LCSO achieves permanent status.
30 If any
employee is placed on disciplinary probation for six months or more or is terminated and rehired at a later date,
that employee must complete the probationary period again. Upon completion of the probationary period, an
employee can challenge their dismissal before an appeals board. If an employee is required to undergo a
probationary period due to a promotion, the employee retains his or her permanent status in the LCSO, but may be
reduced to his or her prior rank without a right of appeal during the probationary period.
31
An employee who has achieved permanent status may only be suspended or dismissed for cause.
32 The employee
must be given written notice of the proposed action and offered an opportunity to respond except in extraordinary
19
S. 30.072(4)(b), F.S.
20
S. 30.076(1)(a), F.S.
21
S. 30.076(1)(b), F.S.
22
Id.
23
S. 30.076(1)(c), F.S.
24
S. 30.076(1)(i), F.S.
25
S. 30.076(1)(k), F.S.
26
S. 30.076(1)(l), F.S.
27
S. 30.076(m), F.S.
28
Ch. 83-456, Laws of Fla.
29
Ch. 83-456, s. 1(1), Laws of Fla.
30
Ch. 83-456, s. 1(2)(a), Laws of Fla.
31
Id.
32
Ch. 83-456, s. 1(2)(b), Laws of Fla. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
circumstances, in which case the employee may be suspended or dismissed immediately with notice given within
24 hours.
Employees may be suspended or dismissed if they are found guilty of a crime or pled nolo contender, or for
negligence, inefficiency or inability to perform assigned duties, insubordination, willful violation of the provisions
of law or Office rules, conduct unbecoming a public employee, misconduct, or habitual drug abuse.
33
Transition
When a newly elected or appointed sheriff takes office, all permanent employees of the LCSO continue as
permanent personnel.
34 However, the incoming sheriff may replace the positions of executive secretary,
administrative major, and operations major. If the incoming sheriff fills the major positions with new personnel,
the existing employees are reduced to the rank of captain. This rank is permanent unless the employee is later
reduced by disciplinary demotion. If the position of executive secretary is filled with new personnel, the former
executive secretary will be transferred to another position they are qualified for in LCSO. These actions are not
subject to appeal.
35
Appeals
A permanent employee can submit an appeal to the sheriff in writing within three working days after the employee
receives notice of dismissal, suspension, demotion or reduction in pay and receive a hearing by a Career Service
Appeals Board.
36 The appeals board consists of two employees selected by the Sheriff, two employees selected by
the employee filing the appeal, and a fifth member selected by the other four members.
37 Additionally, the ranking
officer in charge of personnel serves an ex officio member of the board.
38 The Career Service Appeals Board must
meet no later than 15 working days after the sheriff receives the appeal notice.
39 The decision of the board is final
and binding.
40
Complaint Review Process
The 1983 special act also established a procedure for receiving and processing complaints against employees of
the LCSO.
41 Any employee of the LCSO may receive a complaint against any other employee.
42 Complaints are
referred to the appropriate division commander for review, unless the complaint can be resolved by the officer
taking the complaint or the complaint was received after hours and watch commander determines immediate
action is necessary.
The Sheriff is responsible for reviewing all complaints.
43 If the Sheriff determines a violation has occurred, the
employee is subject to disciplinary action.
44 All employees may appeal a disciplinary action to the Career Service
Appeals Board, but deputies may first request a hearing in from a complaint review board.
45
A complaint review board consists of five law enforcement officers, with two selected by the Sheriff from outside of
the employee’s chain of command, two selected by the employee, and the remaining member selected by the other
four board members who shall serve as chair.
46 The board, upon investigating and deliberating, must determine if a
complaint has been clearly proven, clearly disproved, or if the evidence is not sufficient to make such a
determination.
47 If the board determines the complaint has been proven, the Sheriff must consult with the
33
Id.
34
Ch. 83-456, s. 1(3), Laws of Fla.
35
Id.
36
Ch. 83-456, s. 2(1) and (3)(a), Laws of Fla.
37
Ch. 83-456, s. 2(2), Laws of Fla.
38
Id.
39
Ch. 83-456, s. 2(3)(b), Laws of Fla.
40
Ch. 83-456, s. 2(3)(e), Laws of Fla.
41
Ch. 83-456, s. 3, Laws of Fla.
42
Ch. 83-456, s. 3(2)(a), Laws of Fla.
43
Ch. 83-456, s. 3(2)(b), Laws of Fla.
44
Ch. 83-456, s. 3(2)(d), Laws of Fla.
45
Ch. 83-456, s. 3(2)(e)-(f), Laws of Fla.
46
Ch. 83-456, s. 4(1), Laws of Fla.
47
Ch. 83-456, s. 4(2)(b), Laws of Fla. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
employee’s chain of command and determine appropriate disciplinary measures.
48 An employee may appeal
resulting disciplinary action may be appealed to the Career Service Appeals Board.
49
Local Bill Forms
The Florida Constitution prohibits the passage of any special act unless a notice of intention to seek enactment of
the bill has been published as provided by general law or the act is conditioned to take effect only upon approval
by referendum vote of the electors in the area affected.
50 A legal advertisement of the proposed bill must be placed
in a newspaper of general circulation or published on a publicly accessible website
51 at least 30 days prior to the
introduction of the local bill in the House or Senate.
52 The bill was noticed in the Tallahassee Democrat on January
29, 2025.
The House local bill policy requires a completed and signed Local Bill Certification Form and Economic Impact
Statement Form be filed with the Clerk of the House at the time the local bill is filed or as soon thereafter as
possible.
53 Under the policy, a committee or subcommittee may not consider a local bill unless these forms have
been filed. The following forms have been submitted for the bill:
Local Bill Certification Form
Economic Impact Statement Form
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Intergovernmental Affairs
Subcommittee
Darden Burgess
Government Operations
Subcommittee
State Affairs Committee
48
Ch. 83-456, s. 4(2)(d)2., Laws of Fla.
49
Ch. 83-456, s. 4(2)(d)3., Laws of Fla.
50
Art. III, s. 10, Fla. Const.
51
S. 50.0311(2), F.S.
52
S. 11.02, F.S. If there is no newspaper circulated throughout or published in the county and no publicly accessible website
has been designated, notice must be posted for at least 30 days in at least three public places in the county, one of which must
be at the courthouse.
53
Intergovernmental Affairs Subcommittee, Local Bill Policies and Procedures Manual, p. 11 (last visited Mar. 15, 2025).