Florida 2025 2025 Regular Session

Florida House Bill H4073 Comm Sub / Bill

Filed 03/20/2025

                        
    
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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      
    
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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      
    
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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      
    
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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      
    
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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      
    
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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      
    
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 (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      
    
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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      
    
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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      
    
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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      
    
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 (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      
    
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 (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      
    
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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      
    
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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      
    
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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