CS/HB 4073 2025 CODING: Words stricken are deletions; words underlined are additions. hb4073-01-c1 Page 1 of 15 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 A bill to be entitled 1 An act relating to Leon County; amending ch. 83 -456, 2 Laws of Florida; providing applicability; providing 3 for permanent status; providing cause for demotion or 4 dismissal; authorizing the Sheriff to promote, demote, 5 transfer, and determine disciplinary measures, 6 including dismissal; providing for transition to new 7 sheriff; providing beginning date of employees; 8 revising procedures of Career Service Appeals Boards; 9 requiring the Sheriff to be represented by the 10 Sheriff's General Counsel or other specified 11 representative; prohibiting certain evidence from 12 inclusion; authorizing the chairperson to rule on the 13 admissibility of evidence; exempting the actions of 14 the board and the Sheriff from the provisions of the 15 Administrative Procedures Act; deleting provisions 16 relating to complaints against employees, complaint 17 review boards, and employment status of commissioned 18 and noncommissioned employees; providing severability; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Chapter 83 -456, Laws of Florida, is amended to 24 read: 25 CS/HB 4073 2025 CODING: Words stricken are deletions; words underlined are additions. hb4073-01-c1 Page 2 of 15 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 Section 1. Employees of Leon County Sheriff's Office 26 Career Service Employees' Sheriff; applicability of Act; 27 permanent status of employees; administration .— 28 (1) APPLICABILITY.—The transition provisions of this act 29 shall apply to all full-time sworn commissioned and civilian 30 employees noncommissioned persons in the employ of the Office of 31 the Leon County Sheriff's Office Sheriff, including deputy 32 sheriffs. The provisions of this act shall not apply to the 33 following: Sheriff, sworn personnel of the rank of captain or 34 higher, civilian personnel of the rank of director or higher ; or 35 to special deputy sheriffs appointed pursuant to s. 30.09(4), 36 Florida Statutes, members of the Sheriff's Posse or Reserve 37 Unit, and individuals appointed as part -time deputy sheriffs, as 38 defined by the Criminal Justice Standards and Training 39 Commission, unless any such person is also employed full-time by 40 the Leon County Sheriff's Office of the Sheriff. As used in this 41 act, the terms "employee," "employ," and "employment," and 42 "member" shall refer to all persons , whether employed or 43 appointed, to whom the act applies. I t is not, however, the 44 intent of this act to grant the right to of collective 45 bargaining to persons in the employ of the Office of the Leon 46 County Sheriff's Office Sheriff who do not otherwise have that 47 right pursuant to law. 48 (2) PERMANENT STATUS; CAUSE FOR DEMOTION SUSPENSION OR 49 DISMISSAL.— 50 CS/HB 4073 2025 CODING: Words stricken are deletions; words underlined are additions. hb4073-01-c1 Page 3 of 15 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 (a) After an employee of the Sheriff to whom the 51 provisions of this act apply has served in such employment for a 52 period of 1 calendar year, such employee shall have attained 53 permanent status with in the Leon County Sheriff's Office of the 54 Sheriff; provided that if such an employee is placed on 55 disciplinary probation for a period of 6 months or more or is 56 terminated and rehired at a later date, said employee shall be 57 required to complete 1 calendar year of service fr om the date of 58 the action before being granted permanent status and the right 59 to of appeal, regardless of the reason for the disciplinary 60 probation or termination provided in Section 2 . Any employee who 61 is required to serve a probationary period attendant to a 62 promotion shall retain permanent status in the Office of the 63 Sheriff, but may be demoted to his or her prior rank during such 64 probationary period without the right of appeal as pr ovided in 65 Section 3 Section 2. 66 (b) Any employee who has achieved permanent status is not 67 exempt from the disciplinary provisions outlined in the Leon 68 County Sheriff's Office general orders. It is not a demotion 69 under this act or the Leon County Sheriff's Office policy to be 70 reassigned from special duties or from one shift or zone 71 assignment to another or to be transferred from one division to 72 another for the betterment of the Leon County Sheriff's Office, 73 even if a reduction in pay results of the Sheriff may only be 74 suspended or dismissed for cause; provided that prior to such 75 CS/HB 4073 2025 CODING: Words stricken are deletions; words underlined are additions. hb4073-01-c1 Page 4 of 15 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 action, the employee must be furnished written notice of the 76 proposed action and offered an opportunity to respond to the 77 reasons for the suspension or dismissal. However, in 78 extraordinary situations, such as when delay could result in 79 damage or injury, an employee may be suspended or dismissed for 80 cause immediately and provided notice thereof and reasons 81 therefor within 24 hours afterwards. Cause for suspension or 82 dismissal shall include, but not be limited to, negligence, 83 inefficiency or inability to perform assigned duties, 84 insubordination, willful violation of the provisions of law or 85 Office rules, conduct unbecoming a public employee, misconduct, 86 or habitual drug abuse. Cause for suspension or dismissal shall 87 also include adjudication of guilt by a court of competent 88 jurisdiction, a plea of guilty or of nolo contendere, or a jury 89 verdict of guilty when adjudication of guilt is withheld and the 90 accused is placed on probation, with r espect to any felony, 91 misdemeanor or major traffic infraction. The filing of felony, 92 misdemeanor, or major traffic infraction charges against an 93 employee shall constitute cause for suspension . 94 (c) The Sheriff shall hold the authority to promote, 95 demote, transfer, and determine disciplinary measures, including 96 dismissal. 97 (3) TRANSITION OF CAREER SERVICE EMPLOYEES.—When a newly 98 elected or appointed Sheriff assumes office, the new Sheriff 99 shall continue the employment of all currently employed 100 CS/HB 4073 2025 CODING: Words stricken are deletions; words underlined are additions. hb4073-01-c1 Page 5 of 15 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 permanent personnel with the exceptions of those positions 101 defined in subsection (1), unless there is just cause for 102 dismissal, as set forth in Leon County Sheriff's Office general 103 orders provided herein, exists . However, The new incoming 104 Sheriff shall have the option of maintaining the current 105 employees personnel assigned to exempt the positions of 106 Executive Secretary, Administrative Major, and Operations Major . 107 If the new incoming Sheriff fills the exempt sworn staff Major 108 positions with new members personnel, the new Sheriff has the 109 option of dismissing the prior current occupants of those 110 positions from employment, demoting the prior occupant to a 111 prior permanent non-exempt position or shall be reduced to the 112 rank held prior to appointment to exempt status, reducing the 113 person in of Captain, which rank to the rank of deputy sheriff, 114 or offering the prior occupant a transfer to any position for 115 which they may be qualified and paid at a rate commensurate 116 therewith shall be permanent unless later reduced by 117 disciplinary demotion, and their salaries may be reduced 118 accordingly. If the new incoming Sheriff so desires, exempt non -119 sworn civilian employees may fills the Executive Secretary 120 position with a new employee, the current occupant of the 121 position shall be transferred to positions another position for 122 which they may be the employee is qualified and paid at a rate 123 commensurate therewith within the Office of the Sheriff . Actions 124 taken pursuant to this section subsection affecting the exempt 125 CS/HB 4073 2025 CODING: Words stricken are deletions; words underlined are additions. hb4073-01-c1 Page 6 of 15 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 Major positions are and the Executive Secretary position shall 126 not be appealable under Section 2. 127 (4) ADMINISTRATION. —The Sheriff shall have the authority 128 to adopt such rules and regulations as are necessary for the 129 implementation and administration of this act; however , nothing 130 in this act shall be construed as affecting the budget -making 131 powers of the Board of County Commissioners of Leon County. 132 Section 2. Beginning date. — 133 (1) All sworn and civilian persons in the employ of the 134 Leon County Sheriff's Office on the effective date of this act 135 who have served for a period of 1 calendar year or more as of 136 such date shall be permanent employees subject to the provisions 137 of this act. All other employees shall become permanent 138 employees subject to the provisions of this act upon rea ching 139 their 1 calendar year service anniversary date. Promotions, 140 probationary service periods, demotions, transfers, and 141 suspensions will not and do not affect the determination of the 142 original career service beginning date (anniversary date) of 143 employment for Leon County Sheriff's Office employees. The 144 beginning date (anniversary date) of employment for sworn 145 employees is and will be the date the Sheriff swears the 146 officers in as law enforcement officers. The beginning of 147 service for civilian employees wi ll be the beginning date 148 (anniversary date) as indicated by personnel and payroll 149 records. 150 CS/HB 4073 2025 CODING: Words stricken are deletions; words underlined are additions. hb4073-01-c1 Page 7 of 15 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 (2) Any provisions of this act shall not add to or detract 151 from the constitutional authority of the Sheriff. 152 Section 3. Section 2. Career Service Appeals Board Boards; 153 creation; membership; procedures duties.— 154 (1) FUNCTION OF BOARDS. —Ad hoc Career Service Appeals 155 Boards shall be appointed as provided herein for the purpose of 156 hearing appeals of permanent employees arising from personnel 157 actions brought under O ffice rules or policies which result in 158 dismissal, suspension, demotion, or reduction in pay; provided 159 that reprimands, oral or written, and suspensions of 3 5 working 160 days or less shall not be appealable to a Board. Any such Board 161 may also provide assista nce and advice to the Sheriff in matters 162 concerning disciplinary actions, and may take any other action 163 authorized by the Sheriff. 164 (2) MEMBERSHIP OF BOARDS. —When needed upon the call of the 165 Sheriff, or upon the filing of an appeal, an ad hoc Career 166 Service Appeals Board shall be appointed. The membership of each 167 such Board shall consist of five employees of the Office of the 168 Sheriff. Two members shall be selected by the Sheriff, two 169 members shall be selected by the employee filing the appeal, and 170 the fifth member, who shall serve as chairperson chairman of the 171 Board, shall be selected by the other four members. The ranking 172 officer in charge of personnel shall serve as an ex officio 173 member of the Board, but shall have no vote. Any employee shall 174 have the right to decline to serve as a member of a Board, and 175 CS/HB 4073 2025 CODING: Words stricken are deletions; words underlined are additions. hb4073-01-c1 Page 8 of 15 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 employees selected to serve on a Board shall serve without 176 additional compensation or overtime compensation with respect to 177 such service. Once selected to a board, the members thereof 178 shall serve until fi nal action is taken by the Board with 179 respect to the purpose for which the Board was selected, at 180 which time the Board shall be dissolved. 181 (3) PROCEDURE WITH RESPECT TO APPEALS. — 182 (a) An appeal of an action specified in (1) shall be made 183 to the Sheriff in writing, and must be received within by the 184 Sheriff no later than 3 business working days after the employee 185 is notified of the action on which the appeal is based. Business 186 days are Monday through Friday, excluding holidays recognized by 187 the Leon County Sheriff's Office. 188 (b) A Career Service Appeals Board shall be selected and 189 must meet for purposes of hearing the appeal no later than 15 190 business working days after receipt of an appeal by the Sheriff. 191 The ranking officer in charge of personnel is resp onsible for 192 scheduling the date, time, and location of meetings; notifying 193 members of the Career Service Appeals Board; and posting such 194 notice as may be required by law. In the case of an unpaid 195 suspension, the disciplinary action shall be stayed pending the 196 completion of the review process. 197 (c) During any hearing, the employee filing the appeal 198 shall have the right to be heard publicly, to be represented by 199 a person of his or her choice, and to present any evidential 200 CS/HB 4073 2025 CODING: Words stricken are deletions; words underlined are additions. hb4073-01-c1 Page 9 of 15 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 facts on in his or her behalf. The Sheriff will be represented 201 by the Sheriff's General Counsel or other representative 202 designated by the Sheriff. , and During such hearings the 203 technical rules of evidence shall not apply. However, 204 irrelevant, immaterial, or unduly repetitious evidence shall be 205 excluded. All other evidence as would be admissible in the 206 courts of Florida shall be admissible. Hearsay evidence may be 207 introduced and used. The chairperson will rule on the 208 admissibility of evidence if objections are raised. The Board 209 shall, in the conduct of such hearings, have the power to 210 administer oaths, issue subpoenas, compel the attendance of 211 witnesses, and require the production of books, records, 212 accounts, papers, documents, and testimony. In case of 213 disobedience of any person to comply with an order of the Board 214 or a subpoena issued by the Board, or upon the refusal of a 215 witness to testify on any matter regarding which he or she may 216 be lawfully interrogated, a County Judge of the county in which 217 a person resides, upon application of the chairperson any member 218 of the Board, shall compel obedience by proceeding as for 219 contempt. Each witness who appears in obedience to a subpoena 220 before the Board shall receive compensation for attendance fees 221 and mileage as provided for witnesses in civil ca ses in the 222 courts of this state. Such payments shall be made by the party 223 calling the witness; except that with respect to any witnesses 224 called by the Board, payments shall be made by the Sheriff upon 225 CS/HB 4073 2025 CODING: Words stricken are deletions; words underlined are additions. hb4073-01-c1 Page 10 of 15 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 presentation of proper vouchers and approval by three m embers of 226 the Board. 227 (d) A Board shall by majority vote dispose of the appeal 228 for which it was appointed by making findings of fact and 229 issuing a written decision. Such decision shall either sustain 230 or not sustain the disciplinary action being appealed. If an 231 action by the Sheriff is not sustained by a Board, the Board 232 shall order such remedial action as is appropriate, which may 233 include reinstatement with back pay, and may modify any 234 personnel action which was the subject of the appeal. No Board 235 shall have the authority to impose on any employee any penalty 236 which is more harsh than that which formed the basis of the 237 appeal. 238 (e) The decision of the Board shall be final and binding 239 on the employee and the Sheriff. 240 (f) The actions of the Board and the Sh eriff shall be 241 exempt from the provisions of chapter 120, Florida Statutes. 242 Section 3. Complaints against employees; procedure; 243 Complaint Review Board. — 244 (1) COMPLAINTS AGAINST EMPLOYEES. —A complaint receipt and 245 processing procedure shall be establish ed in order to provide 246 adequately for the prompt receipt, investigation, and 247 disposition of complaints against employees of the Office of the 248 Leon County Sheriff. 249 (2) PROCEDURE WITH RESPECT TO COMPLAINTS. — 250 CS/HB 4073 2025 CODING: Words stricken are deletions; words underlined are additions. hb4073-01-c1 Page 11 of 15 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 (a) Any employee of the Sheriff is authorized to receive a 251 complaint against any other employee of the Sheriff. All 252 complaints shall be reduced to writing and shall be resolved as 253 provided herein: 254 1. If a complaint is received by an employee during normal 255 working hours, the complaint shall be referr ed to the 256 appropriate Division Commander unless the receiving employee is 257 able to resolve the complaint, in which case the complaint and 258 resolution shall be reported in writing to the Division 259 Commander. If the complainant wishes to see the Sheriff, he 260 shall be accommodated. 261 2. If a complaint is received after normal working hours, 262 it shall be referred to the Watch Commander unless the receiving 263 employee is able to resolve the complaint, in which case the 264 complaint and resolution shall be reported in writ ing to the 265 Watch Commander. The Watch Commander, in his discretion, shall 266 conduct an investigation to determine if immediate action is 267 needed to preserve the integrity of the Office of the Sheriff. 268 If immediate action is not required, the complaint shall b e 269 referred to the appropriate Division Commander at the beginning 270 of the next working day, or sooner if required. 271 (b) All complaints shall be reviewed by the Sheriff. If 272 the Sheriff has reason to believe that the complaint is well 273 founded, he shall revie w the complaint with the employee's 274 appropriate chain of command. 275 CS/HB 4073 2025 CODING: Words stricken are deletions; words underlined are additions. hb4073-01-c1 Page 12 of 15 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 (c) If the Sheriff finds the complaint to be unfounded, a 276 written report shall be filed for information only, and a copy 277 of the report shall be given to the employee. 278 (d) If the Sheriff finds that a complaint is well founded 279 and that a violation has occurred, the Sheriff shall decide upon 280 appropriate disciplinary action, and the employee shall be 281 notified of the proposed disciplinary action as provided in 282 Section 1. 283 (e) If a nonsworn em ployee is dissatisfied with the 284 decision of the Sheriff regarding disciplinary action resulting 285 from a complaint, he may appeal the action to a Career Service 286 Appeals Board. 287 (f) If an employee who is subject to the provisions of s. 288 112.532, Florida Statu tes, is dissatisfied with the decision of 289 the Sheriff regarding disciplinary action resulting from a 290 complaint, he may appeal the action to a Career Service Appeals 291 Board, or he may first request a Complaint Review Board under 292 the provisions of s. 112.532, Florida Statutes, as provided in 293 Section 4. 294 Section 4. Complaint Review Boards; membership; 295 procedure.— 296 (1) BOARDS; MEMBERSHIP. —If any employee who is subject to 297 the provisions of s. 112.532, Florida Statutes, requests a 298 Complaint Review Board as pr ovided in Section 3, the Sheriff 299 shall so call. Such a board shall be composed of the following 300 CS/HB 4073 2025 CODING: Words stricken are deletions; words underlined are additions. hb4073-01-c1 Page 13 of 15 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 personnel, all of whom shall be law enforcement officers as 301 defined by the Criminal Justice Standards and Training 302 Commission, and who may be selected from any state, county, or 303 municipal agency within Leon County: 304 (a) Two members selected by the Sheriff, not from the 305 employee's chain of command; 306 (b) Two members selected by the employee; and 307 (c) A fifth member mutually selected by the other four 308 members, provided that the fifth member shall serve as chairman 309 of the Board and may be selected from the employee's chain of 310 command. 311 (d) The ranking officer in charge of personnel shall serve 312 as an ex officio member of the Board, but shall have no vote. 313 (2) PROCEDURE WITH RESPECT TO COMPLAINTS. — 314 (a) A Complaint Review Board shall hear all of the facts 315 contained in the accusation against the employee. The accused 316 shall be present during the presentation of all allegations, 317 witnesses, and evidence and shall have the right to question the 318 accuser and all witnesses and to present any witnesses in his 319 own behalf. The Board shall also have the right to question the 320 accuser and all witnesses. 321 (b) A Complaint Review Board, based upon its 322 investigations and deliberations, shall determine by majority 323 vote whether the complaint is: 324 1. "Unfounded," if the complaint is conclusively proved to 325 CS/HB 4073 2025 CODING: Words stricken are deletions; words underlined are additions. hb4073-01-c1 Page 14 of 15 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 be unfounded. 326 2. "Not Sustained," if the evidence is insufficient to 327 clearly prove or disprove the allegation; 328 3. "Sustained," if there is sufficient evidence to clearly 329 prove the complaint; or 330 4. That the accused is "exonerated" if the acts which were 331 the basis of the complaint occurred, but were justified, proper, 332 and lawful. 333 (c) If a Board finds that an accused is "exonerated," or 334 that a complaint is "unfounded" or "not sustained," it shall 335 forward written notice thereof to the Sheriff and to the 336 employee within 24 hours after the decision is reached. 337 (d)1. If a Board finds that a complaint is "sustained," it 338 shall submit to the Sheriff and to the employee within 24 hours 339 after reaching the decision written findings stating the law, 340 rule, regulation or policy violated, as well as any 341 recommendations regarding disciplinary action to be taken 342 against the accused. 343 2. The Sheriff, after notification of a finding of 344 "sustained," shall consult with the employee's chain of command 345 to review the findings and recommendations of the Board, and the 346 Sheriff may take such disciplinary action as he deems 347 appropriate. 348 3. The decision of the Sheriff with respect to the 349 findings of a Board and resulting disciplinary action may be 350 CS/HB 4073 2025 CODING: Words stricken are deletions; words underlined are additions. hb4073-01-c1 Page 15 of 15 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 appealed to a Career Service Appeals Board pursuant to Section 351 2. If such an appeal is taken, no findings or recommendations by 352 the Complaint Review Bo ard with respect to the case shall be 353 considered by the Career Service Appeals Board in its 354 proceedings. 355 Section 5. All commissioned and noncommissioned persons in 356 the employ of the Office of the Sheriff of Leon County on the 357 effective date of this act who have served for a period of 1 358 calendar year or more as of such date shall be permanent 359 employees subject to the provisions of this act. All other 360 employees shall become permanent employees subject to the 361 provisions of this act upon reaching their 1 ca lendar year 362 service anniversary date. 363 Section 2. The provisions of this act are severable and if 364 any provision is held unconstitutional, the decision of the 365 court regarding that provision shall not affect the validity of 366 the remaining provisions. It is hereby declared to be the intent 367 of the Legislature that the remaining provisions of the act 368 would have been adopted had such unconstitutional provisions not 369 been included herein. 370 Section 3. This act shall take effect upon becoming a law. 371