Florida 2025 Regular Session

Florida House Bill H4073 Compare Versions

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1010 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
11-
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1311
1412 A bill to be entitled 1
1513 An act relating to Leon County; amending ch. 83 -456, 2
1614 Laws of Florida; providing applicability; providing 3
17-for permanent status; providing cause for suspension 4
18-or dismissal; providing for transition to new Sheriff; 5
19-providing beginning date of employees; revising 6
20-procedures of Career Service Appeals Boards; requiring 7
21-the Sheriff to be represented by the Sheriff's General 8
22-Counsel or other specified representative; pro hibiting 9
23-certain evidence from inclusion; authorizing the 10
24-chairperson to rule on the admissibility of evidence; 11
25-deleting provisions relating to complaints against 12
26-employees, Complaint Review Boards, and employment 13
27-status of commissioned and noncommissioned employees; 14
28-providing severability; providing an effective date. 15
29- 16
30-Be It Enacted by the Legislature of the State of Florida: 17
31- 18
32- Section 1. Chapter 83 -456, Laws of Florida, is amended to 19
33-read: 20
34- Section 1. Employees of Leon County Sheriff's Office 21
35-Career Service Employees' Sheriff; applicability of Act; 22
36-permanent status of employees; administration .— 23
37- (1) APPLICABILITY.—The transition provisions of this act 24
38-shall apply to all full-time sworn commissioned and civilian 25
15+for permanent status; providing cause for demotion or 4
16+dismissal; authorizing the Sheriff to promote, demote, 5
17+transfer, and determine disciplinary measures, 6
18+including dismissal; providing for transition to new 7
19+sheriff; providing beginning date of employees; 8
20+revising procedures of Career Service Appeals Boards; 9
21+requiring the Sheriff to be represented by the 10
22+Sheriff's General Counsel or other specified 11
23+representative; prohibiting certain evidence from 12
24+inclusion; authorizing the chairperson to rule on the 13
25+admissibility of evidence; exempting the actions of 14
26+the board and the Sheriff from the provisions of the 15
27+Administrative Procedures Act; deleting provisions 16
28+relating to complaints against employees, complaint 17
29+review boards, and employment status of commissioned 18
30+and noncommissioned employees; providing severability; 19
31+providing an effective date. 20
32+ 21
33+Be It Enacted by the Legislature of the State of Florida: 22
34+ 23
35+ Section 1. Chapter 83 -456, Laws of Florida, is amended to 24
36+read: 25
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4745 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
4846
47+ Section 1. Employees of Leon County Sheriff's Office 26
48+Career Service Employees' Sheriff; applicability of Act; 27
49+permanent status of employees; administration .— 28
50+ (1) APPLICABILITY.—The transition provisions of this act 29
51+shall apply to all full-time sworn commissioned and civilian 30
52+employees noncommissioned persons in the employ of the Office of 31
53+the Leon County Sheriff's Office Sheriff, including deputy 32
54+sheriffs. The provisions of this act shall not apply to the 33
55+following: Sheriff, sworn personnel of the rank of captain or 34
56+higher, civilian personnel of the rank of director or higher ; or 35
57+to special deputy sheriffs appointed pursuant to s. 30.09(4), 36
58+Florida Statutes, members of the Sheriff's Posse or Reserve 37
59+Unit, and individuals appointed as part -time deputy sheriffs, as 38
60+defined by the Criminal Justice Standards and Training 39
61+Commission, unless any such person is also employed full-time by 40
62+the Leon County Sheriff's Office of the Sheriff. As used in this 41
63+act, the terms "employee," "employ," and "employment," and 42
64+"member" shall refer to all persons , whether employed or 43
65+appointed, to whom the act applies. I t is not, however, the 44
66+intent of this act to grant the right to of collective 45
67+bargaining to persons in the employ of the Office of the Leon 46
68+County Sheriff's Office Sheriff who do not otherwise have that 47
69+right pursuant to law. 48
70+ (2) PERMANENT STATUS; CAUSE FOR DEMOTION SUSPENSION OR 49
71+DISMISSAL.— 50
4972
50-
51-employees noncommissioned persons in the employ of the Office of 26
52-the Leon County Sheriff's Office Sheriff, including deputy 27
53-sheriffs. The provisions of this act shall not apply to the 28
54-following: Sheriff, sworn personnel of the rank of captain or 29
55-higher, civilian personnel of the rank of d irector or higher; or 30
56-to special deputy sheriffs appointed pursuant to s. 30.09(4), 31
57-Florida Statutes, members of the Sheriff's Posse or Reserve 32
58-Unit, and individuals appointed as part -time deputy sheriffs, as 33
59-defined by the Criminal Justice Standards and T raining 34
60-Commission, unless any such person is also employed full-time by 35
61-the Leon County Sheriff's Office of the Sheriff. As used in this 36
62-act, the terms "employee," "employ," and "employment," and 37
63-"member" shall refer to all persons , whether employed or 38
64-appointed, to whom the act applies. It is not, however, the 39
65-intent of this act to grant the right to of collective 40
66-bargaining to persons in the employ of the Office of the Leon 41
67-County Sheriff's Office Sheriff who do not otherwise have that 42
68-right pursuant to law. 43
69- (2) PERMANENT STATUS; CAUSE FOR SUSPENSION OR DISMISSAL. — 44
70- (a) After an employee of the Sheriff to whom the 45
71-provisions of this act apply has served in such employment for a 46
72-period of 1 calendar year, such employee shall have attained 47
73-permanent status with in the Leon County Sheriff's Office of the 48
74-Sheriff; provided that if such an employee is placed on 49
75-disciplinary probation for a period of 6 months or more or is 50
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8480 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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82+ (a) After an employee of the Sheriff to whom the 51
83+provisions of this act apply has served in such employment for a 52
84+period of 1 calendar year, such employee shall have attained 53
85+permanent status with in the Leon County Sheriff's Office of the 54
86+Sheriff; provided that if such an employee is placed on 55
87+disciplinary probation for a period of 6 months or more or is 56
88+terminated and rehired at a later date, said employee shall be 57
89+required to complete 1 calendar year of service fr om the date of 58
90+the action before being granted permanent status and the right 59
91+to of appeal, regardless of the reason for the disciplinary 60
92+probation or termination provided in Section 2 . Any employee who 61
93+is required to serve a probationary period attendant to a 62
94+promotion shall retain permanent status in the Office of the 63
95+Sheriff, but may be demoted to his or her prior rank during such 64
96+probationary period without the right of appeal as pr ovided in 65
97+Section 3 Section 2. 66
98+ (b) Any employee who has achieved permanent status is not 67
99+exempt from the disciplinary provisions outlined in the Leon 68
100+County Sheriff's Office general orders. It is not a demotion 69
101+under this act or the Leon County Sheriff's Office policy to be 70
102+reassigned from special duties or from one shift or zone 71
103+assignment to another or to be transferred from one division to 72
104+another for the betterment of the Leon County Sheriff's Office, 73
105+even if a reduction in pay results of the Sheriff may only be 74
106+suspended or dismissed for cause; provided that prior to such 75
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87-
88-terminated and rehired at a later date, said employee shall be 51
89-required to complete 1 c alendar year of service from the date of 52
90-the action before being granted permanent status and the right 53
91-to of appeal, regardless of the reason for the disciplinary 54
92-probation or termination provided in Section 2 . Any employee who 55
93-is required to serve a probationary period attendant to a 56
94-promotion shall retain permanent status in the Office of the 57
95-Sheriff, but may be demoted to his or her prior rank during such 58
96-probationary period without the right of appeal as pr ovided in 59
97-Section 3 Section 2. 60
98- (b) Any employee who has achieved permanent status in the 61
99-Leon County Sheriff's Office of the Sheriff may only be 62
100-suspended or dismissed for cause; provided that prior to such 63
101-action, the employee must be furnished written notice of the 64
102-proposed action and offered an opportunity to respond to the 65
103-reasons for the suspension or dismissal. However, in 66
104-extraordinary situations, such as when delay could result in 67
105-damage or injury, an employee may be suspended or dismissed for 68
106-cause immediately and provided notice thereof and reasons 69
107-therefor within 24 hours afterwards. Cause for suspension or 70
108-dismissal shall include, but not be limited to, negligence, 71
109-inefficiency or inability to perform assigned duties, 72
110-insubordination, willful v iolation of the provisions of law or 73
111-Office rules, conduct unbecoming a public employee, misconduct, 74
112-or habitual drug abuse. Cause for suspension or dismissal shall 75
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121115 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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117+action, the employee must be furnished written notice of the 76
118+proposed action and offered an opportunity to respond to the 77
119+reasons for the suspension or dismissal. However, in 78
120+extraordinary situations, such as when delay could result in 79
121+damage or injury, an employee may be suspended or dismissed for 80
122+cause immediately and provided notice thereof and reasons 81
123+therefor within 24 hours afterwards. Cause for suspension or 82
124+dismissal shall include, but not be limited to, negligence, 83
125+inefficiency or inability to perform assigned duties, 84
126+insubordination, willful violation of the provisions of law or 85
127+Office rules, conduct unbecoming a public employee, misconduct, 86
128+or habitual drug abuse. Cause for suspension or dismissal shall 87
129+also include adjudication of guilt by a court of competent 88
130+jurisdiction, a plea of guilty or of nolo contendere, or a jury 89
131+verdict of guilty when adjudication of guilt is withheld and the 90
132+accused is placed on probation, with r espect to any felony, 91
133+misdemeanor or major traffic infraction. The filing of felony, 92
134+misdemeanor, or major traffic infraction charges against an 93
135+employee shall constitute cause for suspension . 94
136+ (c) The Sheriff shall hold the authority to promote, 95
137+demote, transfer, and determine disciplinary measures, including 96
138+dismissal. 97
139+ (3) TRANSITION OF CAREER SERVICE EMPLOYEES.—When a newly 98
140+elected or appointed Sheriff assumes office, the new Sheriff 99
141+shall continue the employment of all currently employed 100
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124-
125-also include adjudication of guilt by a court of competent 76
126-jurisdiction, a plea of guilty o r of nolo contendere, or a jury 77
127-verdict of guilty when adjudication of guilt is withheld and the 78
128-accused is placed on probation, with respect to any felony, 79
129-misdemeanor or major traffic infraction. The filing of felony, 80
130-misdemeanor, or major traffic infrac tion charges against an 81
131-employee shall constitute cause for suspension. 82
132- (3) TRANSITION OF CAREER SERVICE EMPLOYEES.—When a newly 83
133-elected or appointed Sheriff assumes office, the new Sheriff 84
134-shall continue the employment of all currently employed 85
135-permanent personnel with the exceptions of those positions 86
136-defined in subsection (1), unless there is just cause for 87
137-dismissal, provided herein, exists . However, The new incoming 88
138-Sheriff shall have the option of maintaining the current 89
139-employees personnel assigned to exempt the positions of 90
140-Executive Secretary, Administrative Major, and Operations Major . 91
141-If the new incoming Sheriff fills the exempt sworn staff Major 92
142-positions with new members personnel, the new Sheriff has the 93
143-option of dismissing the prior current occupants of those 94
144-positions from employment, demoting the prior occupant to a 95
145-prior permanent non-exempt position or rank held prior to 96
146-appointment to exempt status, reducing the person to the rank of 97
147-deputy sheriff, or offering the prior occupant a tran sfer to any 98
148-position for which he or she may be qualified and paid at a rate 99
149-commensurate therewith shall be reduced to the rank of Captain, 100
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158150 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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152+permanent personnel with the exceptions of those positions 101
153+defined in subsection (1), unless there is just cause for 102
154+dismissal, as set forth in Leon County Sheriff's Office general 103
155+orders provided herein, exists . However, The new incoming 104
156+Sheriff shall have the option of maintaining the current 105
157+employees personnel assigned to exempt the positions of 106
158+Executive Secretary, Administrative Major, and Operations Major . 107
159+If the new incoming Sheriff fills the exempt sworn staff Major 108
160+positions with new members personnel, the new Sheriff has the 109
161+option of dismissing the prior current occupants of those 110
162+positions from employment, demoting the prior occupant to a 111
163+prior permanent non-exempt position or shall be reduced to the 112
164+rank held prior to appointment to exempt status, reducing the 113
165+person in of Captain, which rank to the rank of deputy sheriff, 114
166+or offering the prior occupant a transfer to any position for 115
167+which they may be qualified and paid at a rate commensurate 116
168+therewith shall be permanent unless later reduced by 117
169+disciplinary demotion, and their salaries may be reduced 118
170+accordingly. If the new incoming Sheriff so desires, exempt non -119
171+sworn civilian employees may fills the Executive Secretary 120
172+position with a new employee, the current occupant of the 121
173+position shall be transferred to positions another position for 122
174+which they may be the employee is qualified and paid at a rate 123
175+commensurate therewith within the Office of the Sheriff . Actions 124
176+taken pursuant to this section subsection affecting the exempt 125
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162-which rank shall be permanent unless later reduced by 101
163-disciplinary demotion, and their salaries may be reduced 102
164-accordingly. If the new incoming Sheriff so desires, exempt non -103
165-sworn civilian employees may fills the Executive Secretary 104
166-position with a new employee, the current occupant of the 105
167-position shall be transferred to positions another position for 106
168-which they may be the employee is qualified and paid at a rate 107
169-commensurate therewith within the Office of the Sheriff . Actions 108
170-taken pursuant to this section subsection affecting the exempt 109
171-Major positions are and the Executive Secretary position shall 110
172-not be appealable under Section 2. 111
173- (4) ADMINISTRATION. —The Sheriff shall have the authority 112
174-to adopt such rules and regulations as are necessary for the 113
175-implementation and administration of this act; however, nothing 114
176-in this act shall be construed as affecting the budget-making 115
177-powers of the Board of County Commissioners of Leon County. 116
178- Section 2. Beginning date. — 117
179- (1) All sworn and civilian persons in the employ of the 118
180-Leon County Sheriff's Office on the effective date of this act 119
181-who have served for a pe riod of 1 calendar year or more as of 120
182-such date shall be permanent employees subject to the provisions 121
183-of this act. All other employees shall become permanent 122
184-employees subject to the provisions of this act upon reaching 123
185-their 1 calendar year service anniv ersary date. Promotions, 124
186-probationary service periods, demotions, transfers, and 125
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195185 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
196186
187+Major positions are and the Executive Secretary position shall 126
188+not be appealable under Section 2. 127
189+ (4) ADMINISTRATION. —The Sheriff shall have the authority 128
190+to adopt such rules and regulations as are necessary for the 129
191+implementation and administration of this act; however , nothing 130
192+in this act shall be construed as affecting the budget -making 131
193+powers of the Board of County Commissioners of Leon County. 132
194+ Section 2. Beginning date. — 133
195+ (1) All sworn and civilian persons in the employ of the 134
196+Leon County Sheriff's Office on the effective date of this act 135
197+who have served for a period of 1 calendar year or more as of 136
198+such date shall be permanent employees subject to the provisions 137
199+of this act. All other employees shall become permanent 138
200+employees subject to the provisions of this act upon rea ching 139
201+their 1 calendar year service anniversary date. Promotions, 140
202+probationary service periods, demotions, transfers, and 141
203+suspensions will not and do not affect the determination of the 142
204+original career service beginning date (anniversary date) of 143
205+employment for Leon County Sheriff's Office employees. The 144
206+beginning date (anniversary date) of employment for sworn 145
207+employees is and will be the date the Sheriff swears the 146
208+officers in as law enforcement officers. The beginning of 147
209+service for civilian employees wi ll be the beginning date 148
210+(anniversary date) as indicated by personnel and payroll 149
211+records. 150
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199-suspensions will not and do not affect the determination of the 126
200-original career service beginning date (anniversary date) of 127
201-employment for Leon County Sheriff's Office employ ees. The 128
202-beginning date (anniversary date) of employment for sworn 129
203-employees is and will be the date the Sheriff swears the 130
204-officers in as law enforcement officers. The beginning of 131
205-service for civilian employees will be the beginning date 132
206-(anniversary date) as indicated by personnel and payroll 133
207-records. 134
208- (2) Any provisions of this act shall not add to or detract 135
209-from the constitutional authority of the Sheriff. 136
210- Section 3. Section 2. Career Service Appeals Board Boards; 137
211-creation; membership; procedures duties.— 138
212- (1) FUNCTION OF BOARDS. —Ad hoc Career Service Appeals 139
213-Boards shall be appointed as provided herein for the purpose of 140
214-hearing appeals of permanent employees arising from personnel 141
215-actions brought under Office rules or policies which result in 142
216-dismissal, suspension, demotion, or reduction in pay; provided 143
217-that reprimands, oral or written, and suspensions of 3 5 working 144
218-days or less shall not be appealable to a Board. Any such Board 145
219-may also provide assistance and advice to the Sheriff in matters 146
220-concerning disciplinary actions, and may take any other action 147
221-authorized by the Sheriff. 148
222- (2) MEMBERSHIP OF BOARDS. —When needed upon the call of the 149
223-Sheriff, or upon the filing of an appeal, an ad hoc Career 150
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232220 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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222+ (2) Any provisions of this act shall not add to or detract 151
223+from the constitutional authority of the Sheriff. 152
224+ Section 3. Section 2. Career Service Appeals Board Boards; 153
225+creation; membership; procedures duties.— 154
226+ (1) FUNCTION OF BOARDS. —Ad hoc Career Service Appeals 155
227+Boards shall be appointed as provided herein for the purpose of 156
228+hearing appeals of permanent employees arising from personnel 157
229+actions brought under O ffice rules or policies which result in 158
230+dismissal, suspension, demotion, or reduction in pay; provided 159
231+that reprimands, oral or written, and suspensions of 3 5 working 160
232+days or less shall not be appealable to a Board. Any such Board 161
233+may also provide assista nce and advice to the Sheriff in matters 162
234+concerning disciplinary actions, and may take any other action 163
235+authorized by the Sheriff. 164
236+ (2) MEMBERSHIP OF BOARDS. —When needed upon the call of the 165
237+Sheriff, or upon the filing of an appeal, an ad hoc Career 166
238+Service Appeals Board shall be appointed. The membership of each 167
239+such Board shall consist of five employees of the Office of the 168
240+Sheriff. Two members shall be selected by the Sheriff, two 169
241+members shall be selected by the employee filing the appeal, and 170
242+the fifth member, who shall serve as chairperson chairman of the 171
243+Board, shall be selected by the other four members. The ranking 172
244+officer in charge of personnel shall serve as an ex officio 173
245+member of the Board, but shall have no vote. Any employee shall 174
246+have the right to decline to serve as a member of a Board, and 175
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236-Service Appeals Board shall be appointed. The membership of each 151
237-such Board shall consist of five employees of the Office of the 152
238-Sheriff. Two members shall be selected by the Sheriff, two 153
239-members shall be selected by the employee filing the appeal, and 154
240-the fifth member, who shall serve as chairperson chairman of the 155
241-Board, shall be selected by the other four members. The ranking 156
242-officer in charge of personnel shall serve as an ex officio 157
243-member of the Board, but shall have no vote. Any employee shall 158
244-have the right to decline to serve as a member of a Board, and 159
245-employees selected to serve on a Board shall serve without 160
246-additional compensation or overtime compensation with respect to 161
247-such service. Once selected to a board, the members thereof 162
248-shall serve until final action is taken by the Board with 163
249-respect to the purpose for which the Board was selected, at 164
250-which time the Board shall be dissolved. 165
251- (3) PROCEDURE WITH RESPECT TO APPEALS. — 166
252- (a) An appeal of an action specified in subsection (1) 167
253-shall be made to the Sheriff in writing, and must be received 168
254-within by the Sheriff no later than 3 business working days 169
255-after the employee is notified of the action on which the appeal 170
256-is based. Business days are Monday through Friday, excluding 171
257-holidays recognized by the Leon County Sheriff's Office. 172
258- (b) A Career Servic e Appeals Board shall be selected and 173
259-must meet for purposes of hearing the appeal no later than 15 174
260-business working days after receipt of an appeal by the Sheriff. 175
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269255 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
270256
257+employees selected to serve on a Board shall serve without 176
258+additional compensation or overtime compensation with respect to 177
259+such service. Once selected to a board, the members thereof 178
260+shall serve until fi nal action is taken by the Board with 179
261+respect to the purpose for which the Board was selected, at 180
262+which time the Board shall be dissolved. 181
263+ (3) PROCEDURE WITH RESPECT TO APPEALS. — 182
264+ (a) An appeal of an action specified in (1) shall be made 183
265+to the Sheriff in writing, and must be received within by the 184
266+Sheriff no later than 3 business working days after the employee 185
267+is notified of the action on which the appeal is based. Business 186
268+days are Monday through Friday, excluding holidays recognized by 187
269+the Leon County Sheriff's Office. 188
270+ (b) A Career Service Appeals Board shall be selected and 189
271+must meet for purposes of hearing the appeal no later than 15 190
272+business working days after receipt of an appeal by the Sheriff. 191
273+The ranking officer in charge of personnel is resp onsible for 192
274+scheduling the date, time, and location of meetings; notifying 193
275+members of the Career Service Appeals Board; and posting such 194
276+notice as may be required by law. In the case of an unpaid 195
277+suspension, the disciplinary action shall be stayed pending the 196
278+completion of the review process. 197
279+ (c) During any hearing, the employee filing the appeal 198
280+shall have the right to be heard publicly, to be represented by 199
281+a person of his or her choice, and to present any evidential 200
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273-The ranking officer in charge of personnel is responsible for 176
274-scheduling the date, time, an d location of meetings; notifying 177
275-members of the Career Service Appeals Board; and posting such 178
276-notice as may be required by law. In the case of an unpaid 179
277-suspension, the disciplinary action shall be stayed pending the 180
278-completion of the review process. 181
279- (c) During any hearing, the employee filing the appeal 182
280-shall have the right to be heard publicly, to be represented by 183
281-a person of his or her choice, and to present any evidential 184
282-facts on in his or her behalf. The Sheriff will be represented 185
283-by the Sheriff's General Counsel or other representative 186
284-designated by the Sheriff. , and During such hearings the 187
285-technical rules of evidence shall not apply. However, 188
286-irrelevant, immaterial, or unduly repetitious evidence shall be 189
287-excluded. All other evidence as would be admissible in the 190
288-courts of Florida shall be admissible. Hearsay evidence may be 191
289-introduced and used. The chairperson will rule on the 192
290-admissibility of evidence if objections are raised. The Board 193
291-shall, in the conduct of such hearings, have the power t o 194
292-administer oaths, issue subpoenas, compel the attendance of 195
293-witnesses, and require the production of books, records, 196
294-accounts, papers, documents, and testimony. In case of 197
295-disobedience of any person to comply with an order of the Board 198
296-or a subpoena issued by the Board, or upon the refusal of a 199
297-witness to testify on any matter regarding which he or she may 200
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306290 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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292+facts on in his or her behalf. The Sheriff will be represented 201
293+by the Sheriff's General Counsel or other representative 202
294+designated by the Sheriff. , and During such hearings the 203
295+technical rules of evidence shall not apply. However, 204
296+irrelevant, immaterial, or unduly repetitious evidence shall be 205
297+excluded. All other evidence as would be admissible in the 206
298+courts of Florida shall be admissible. Hearsay evidence may be 207
299+introduced and used. The chairperson will rule on the 208
300+admissibility of evidence if objections are raised. The Board 209
301+shall, in the conduct of such hearings, have the power to 210
302+administer oaths, issue subpoenas, compel the attendance of 211
303+witnesses, and require the production of books, records, 212
304+accounts, papers, documents, and testimony. In case of 213
305+disobedience of any person to comply with an order of the Board 214
306+or a subpoena issued by the Board, or upon the refusal of a 215
307+witness to testify on any matter regarding which he or she may 216
308+be lawfully interrogated, a County Judge of the county in which 217
309+a person resides, upon application of the chairperson any member 218
310+of the Board, shall compel obedience by proceeding as for 219
311+contempt. Each witness who appears in obedience to a subpoena 220
312+before the Board shall receive compensation for attendance fees 221
313+and mileage as provided for witnesses in civil ca ses in the 222
314+courts of this state. Such payments shall be made by the party 223
315+calling the witness; except that with respect to any witnesses 224
316+called by the Board, payments shall be made by the Sheriff upon 225
308317
309-
310-be lawfully interrogated, a County Judge of the county in which 201
311-a person resides, upon application of the chairperson any member 202
312-of the Board, shall co mpel obedience by proceeding as for 203
313-contempt. Each witness who appears in obedience to a subpoena 204
314-before the Board shall receive compensation for attendance fees 205
315-and mileage as provided for witnesses in civil cases in the 206
316-courts of this state. Such payment s shall be made by the party 207
317-calling the witness; except that with respect to any witnesses 208
318-called by the Board, payments shall be made by the Sheriff upon 209
319-presentation of proper vouchers and approval by three members of 210
320-the Board. 211
321- (d) A Board shall by m ajority vote dispose of the appeal 212
322-for which it was appointed by making findings of fact and 213
323-issuing a written decision. Such decision shall either sustain 214
324-or not sustain the disciplinary action being appealed. If an 215
325-action by the Sheriff is not sustained by a Board, the Board 216
326-shall order such remedial action as is appropriate, which may 217
327-include reinstatement with back pay, and may modify any 218
328-personnel action which was the subject of the appeal. No Board 219
329-shall have the authority to impose on any employee an y penalty 220
330-which is more harsh than that which formed the basis of the 221
331-appeal. 222
332- (e) The decision of the Board shall be final and binding 223
333-on the employee and the Sheriff. 224
334- Section 3. Complaints against employees; procedure; 225
335-
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343325 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
344326
327+presentation of proper vouchers and approval by three m embers of 226
328+the Board. 227
329+ (d) A Board shall by majority vote dispose of the appeal 228
330+for which it was appointed by making findings of fact and 229
331+issuing a written decision. Such decision shall either sustain 230
332+or not sustain the disciplinary action being appealed. If an 231
333+action by the Sheriff is not sustained by a Board, the Board 232
334+shall order such remedial action as is appropriate, which may 233
335+include reinstatement with back pay, and may modify any 234
336+personnel action which was the subject of the appeal. No Board 235
337+shall have the authority to impose on any employee any penalty 236
338+which is more harsh than that which formed the basis of the 237
339+appeal. 238
340+ (e) The decision of the Board shall be final and binding 239
341+on the employee and the Sheriff. 240
342+ (f) The actions of the Board and the Sh eriff shall be 241
343+exempt from the provisions of chapter 120, Florida Statutes. 242
344+ Section 3. Complaints against employees; procedure; 243
345+Complaint Review Board. — 244
346+ (1) COMPLAINTS AGAINST EMPLOYEES. —A complaint receipt and 245
347+processing procedure shall be establish ed in order to provide 246
348+adequately for the prompt receipt, investigation, and 247
349+disposition of complaints against employees of the Office of the 248
350+Leon County Sheriff. 249
351+ (2) PROCEDURE WITH RESPECT TO COMPLAINTS. — 250
345352
346-
347-Complaint Review Board. — 226
348- (1) COMPLAINTS AGAINST EMPLOYEES. —A complaint receipt and 227
349-processing procedure shall be established in order to provide 228
350-adequately for the prompt receipt, investigation, and 229
351-disposition of complaints against employees of the Office of the 230
352-Leon County Sheriff. 231
353- (2) PROCEDURE WITH RESPECT TO COMPLAINTS. — 232
354- (a) Any employee of the Sheriff is authorized to receive a 233
355-complaint against any other employee of the Sheriff. All 234
356-complaints shall be reduced to writing and shall be resolved as 235
357-provided herein: 236
358- 1. If a complaint is received by an employee during normal 237
359-working hours, the complaint shall be referred to the 238
360-appropriate Division Commander unless the receiving employee is 239
361-able to resolve the complaint, in which case the complaint and 240
362-resolution shall be repor ted in writing to the Division 241
363-Commander. If the complainant wishes to see the Sheriff, he 242
364-shall be accommodated. 243
365- 2. If a complaint is received after normal working hours, 244
366-it shall be referred to the Watch Commander unless the receiving 245
367-employee is able to resolve the complaint, in which case the 246
368-complaint and resolution shall be reported in writing to the 247
369-Watch Commander. The Watch Commander, in his discretion, shall 248
370-conduct an investigation to determine if immediate action is 249
371-needed to preserve the inte grity of the Office of the Sheriff. 250
372-
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380360 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
381361
362+ (a) Any employee of the Sheriff is authorized to receive a 251
363+complaint against any other employee of the Sheriff. All 252
364+complaints shall be reduced to writing and shall be resolved as 253
365+provided herein: 254
366+ 1. If a complaint is received by an employee during normal 255
367+working hours, the complaint shall be referr ed to the 256
368+appropriate Division Commander unless the receiving employee is 257
369+able to resolve the complaint, in which case the complaint and 258
370+resolution shall be reported in writing to the Division 259
371+Commander. If the complainant wishes to see the Sheriff, he 260
372+shall be accommodated. 261
373+ 2. If a complaint is received after normal working hours, 262
374+it shall be referred to the Watch Commander unless the receiving 263
375+employee is able to resolve the complaint, in which case the 264
376+complaint and resolution shall be reported in writ ing to the 265
377+Watch Commander. The Watch Commander, in his discretion, shall 266
378+conduct an investigation to determine if immediate action is 267
379+needed to preserve the integrity of the Office of the Sheriff. 268
380+If immediate action is not required, the complaint shall b e 269
381+referred to the appropriate Division Commander at the beginning 270
382+of the next working day, or sooner if required. 271
383+ (b) All complaints shall be reviewed by the Sheriff. If 272
384+the Sheriff has reason to believe that the complaint is well 273
385+founded, he shall revie w the complaint with the employee's 274
386+appropriate chain of command. 275
382387
383-
384-If immediate action is not required, the complaint shall be 251
385-referred to the appropriate Division Commander at the beginning 252
386-of the next working day, or sooner if required. 253
387- (b) All complaints shall be reviewed by the Sh eriff. If 254
388-the Sheriff has reason to believe that the complaint is well 255
389-founded, he shall review the complaint with the employee's 256
390-appropriate chain of command. 257
391- (c) If the Sheriff finds the complaint to be unfounded, a 258
392-written report shall be filed for information only, and a copy 259
393-of the report shall be given to the employee. 260
394- (d) If the Sheriff finds that a complaint is well founded 261
395-and that a violation has occurred, the Sheriff shall decide upon 262
396-appropriate disciplinary action, and the employee shall be 263
397-notified of the proposed disciplinary action as provided in 264
398-Section 1. 265
399- (e) If a nonsworn employee is dissatisfied with the 266
400-decision of the Sheriff regarding disciplinary action resulting 267
401-from a complaint, he may appeal the action to a Career Service 268
402-Appeals Board. 269
403- (f) If an employee who is subject to the provisions of s. 270
404-112.532, Florida Statutes, is dissatisfied with the decision of 271
405-the Sheriff regarding disciplinary action resulting from a 272
406-complaint, he may appeal the action to a Career Service App eals 273
407-Board, or he may first request a Complaint Review Board under 274
408-the provisions of s. 112.532, Florida Statutes, as provided in 275
409-
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418396
397+ (c) If the Sheriff finds the complaint to be unfounded, a 276
398+written report shall be filed for information only, and a copy 277
399+of the report shall be given to the employee. 278
400+ (d) If the Sheriff finds that a complaint is well founded 279
401+and that a violation has occurred, the Sheriff shall decide upon 280
402+appropriate disciplinary action, and the employee shall be 281
403+notified of the proposed disciplinary action as provided in 282
404+Section 1. 283
405+ (e) If a nonsworn em ployee is dissatisfied with the 284
406+decision of the Sheriff regarding disciplinary action resulting 285
407+from a complaint, he may appeal the action to a Career Service 286
408+Appeals Board. 287
409+ (f) If an employee who is subject to the provisions of s. 288
410+112.532, Florida Statu tes, is dissatisfied with the decision of 289
411+the Sheriff regarding disciplinary action resulting from a 290
412+complaint, he may appeal the action to a Career Service Appeals 291
413+Board, or he may first request a Complaint Review Board under 292
414+the provisions of s. 112.532, Florida Statutes, as provided in 293
415+Section 4. 294
416+ Section 4. Complaint Review Boards; membership; 295
417+procedure.— 296
418+ (1) BOARDS; MEMBERSHIP. —If any employee who is subject to 297
419+the provisions of s. 112.532, Florida Statutes, requests a 298
420+Complaint Review Board as pr ovided in Section 3, the Sheriff 299
421+shall so call. Such a board shall be composed of the following 300
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421-Section 4. 276
422- Section 4. Complaint Review Boards; membership; 277
423-procedure.— 278
424- (1) BOARDS; MEMBERSHIP. —If any employee who is su bject to 279
425-the provisions of s. 112.532, Florida Statutes, requests a 280
426-Complaint Review Board as provided in Section 3, the Sheriff 281
427-shall so call. Such a board shall be composed of the following 282
428-personnel, all of whom shall be law enforcement officers as 283
429-defined by the Criminal Justice Standards and Training 284
430-Commission, and who may be selected from any state, county, or 285
431-municipal agency within Leon County: 286
432- (a) Two members selected by the Sheriff, not from the 287
433-employee's chain of command; 288
434- (b) Two members selected by the employee; and 289
435- (c) A fifth member mutually selected by the other four 290
436-members, provided that the fifth member shall serve as chairman 291
437-of the Board and may be selected from the employee's chain of 292
438-command. 293
439- (d) The ranking officer in charge of personnel shall serve 294
440-as an ex officio member of the Board, but shall have no vote. 295
441- (2) PROCEDURE WITH RESPECT TO COMPLAINTS. — 296
442- (a) A Complaint Review Board shall hear all of the facts 297
443-contained in the accusation against the employee. The accused 298
444-shall be present during the presentation of all allegations, 299
445-witnesses, and evidence and shall have the right to question the 300
446-
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432+personnel, all of whom shall be law enforcement officers as 301
433+defined by the Criminal Justice Standards and Training 302
434+Commission, and who may be selected from any state, county, or 303
435+municipal agency within Leon County: 304
436+ (a) Two members selected by the Sheriff, not from the 305
437+employee's chain of command; 306
438+ (b) Two members selected by the employee; and 307
439+ (c) A fifth member mutually selected by the other four 308
440+members, provided that the fifth member shall serve as chairman 309
441+of the Board and may be selected from the employee's chain of 310
442+command. 311
443+ (d) The ranking officer in charge of personnel shall serve 312
444+as an ex officio member of the Board, but shall have no vote. 313
445+ (2) PROCEDURE WITH RESPECT TO COMPLAINTS. — 314
446+ (a) A Complaint Review Board shall hear all of the facts 315
447+contained in the accusation against the employee. The accused 316
448+shall be present during the presentation of all allegations, 317
449+witnesses, and evidence and shall have the right to question the 318
450+accuser and all witnesses and to present any witnesses in his 319
451+own behalf. The Board shall also have the right to question the 320
452+accuser and all witnesses. 321
453+ (b) A Complaint Review Board, based upon its 322
454+investigations and deliberations, shall determine by majority 323
455+vote whether the complaint is: 324
456+ 1. "Unfounded," if the complaint is conclusively proved to 325
456457
457-
458-accuser and all witnesses and to present any witnesses in his 301
459-own behalf. The Board shall also have the right to question the 302
460-accuser and all witnesses. 303
461- (b) A Complaint Review Board, based upon its 304
462-investigations and deliberations, shall determine by majority 305
463-vote whether the complaint is: 306
464- 1. "Unfounded," if the complaint is conclusively proved to 307
465-be unfounded. 308
466- 2. "Not Sustained," if the evidence is insufficient to 309
467-clearly prove or disprove the allegation; 310
468- 3. "Sustained," if there is sufficient evidence to clearly 311
469-prove the complaint; or 312
470- 4. That the accused is "exonerated" if the acts which were 313
471-the basis of the complaint occur red, but were justified, proper, 314
472-and lawful. 315
473- (c) If a Board finds that an accused is "exonerated," or 316
474-that a complaint is "unfounded" or "not sustained," it shall 317
475-forward written notice thereof to the Sheriff and to the 318
476-employee within 24 hours after the decision is reached. 319
477- (d)1. If a Board finds that a complaint is "sustained," it 320
478-shall submit to the Sheriff and to the employee within 24 hours 321
479-after reaching the decision written findings stating the law, 322
480-rule, regulation or policy violated, as well as any 323
481-recommendations regarding disciplinary action to be taken 324
482-against the accused. 325
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492466
467+be unfounded. 326
468+ 2. "Not Sustained," if the evidence is insufficient to 327
469+clearly prove or disprove the allegation; 328
470+ 3. "Sustained," if there is sufficient evidence to clearly 329
471+prove the complaint; or 330
472+ 4. That the accused is "exonerated" if the acts which were 331
473+the basis of the complaint occurred, but were justified, proper, 332
474+and lawful. 333
475+ (c) If a Board finds that an accused is "exonerated," or 334
476+that a complaint is "unfounded" or "not sustained," it shall 335
477+forward written notice thereof to the Sheriff and to the 336
478+employee within 24 hours after the decision is reached. 337
479+ (d)1. If a Board finds that a complaint is "sustained," it 338
480+shall submit to the Sheriff and to the employee within 24 hours 339
481+after reaching the decision written findings stating the law, 340
482+rule, regulation or policy violated, as well as any 341
483+recommendations regarding disciplinary action to be taken 342
484+against the accused. 343
485+ 2. The Sheriff, after notification of a finding of 344
486+"sustained," shall consult with the employee's chain of command 345
487+to review the findings and recommendations of the Board, and the 346
488+Sheriff may take such disciplinary action as he deems 347
489+appropriate. 348
490+ 3. The decision of the Sheriff with respect to the 349
491+findings of a Board and resulting disciplinary action may be 350
493492
494-
495- 2. The Sheriff, after notification of a finding of 326
496-"sustained," shall consult with the employee's chain of command 327
497-to review the findings and recommendations of the Board , and the 328
498-Sheriff may take such disciplinary action as he deems 329
499-appropriate. 330
500- 3. The decision of the Sheriff with respect to the 331
501-findings of a Board and resulting disciplinary action may be 332
502-appealed to a Career Service Appeals Board pursuant to Section 333
503-2. If such an appeal is taken, no findings or recommendations by 334
504-the Complaint Review Board with respect to the case shall be 335
505-considered by the Career Service Appeals Board in its 336
506-proceedings. 337
507- Section 5. All commissioned and noncommissioned persons in 338
508-the employ of the Office of the Sheriff of Leon County on the 339
509-effective date of this act who have served for a period of 1 340
510-calendar year or more as of such date shall be permanent 341
511-employees subject to the provisions of this act. All other 342
512-employees shall become permanent employees subject to the 343
513-provisions of this act upon reaching their 1 calendar year 344
514-service anniversary date. 345
515- Section 2. The provisions of this act are severable and if 346
516-any provision is held unconstitutional, the decision of the 347
517-court regarding that provision shall not affect the validity of 348
518-the remaining provisions. It is hereby declared to be the intent 349
519-of the Legislature that the remaining provisions of the act 350
520-
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530-
531-
532-would have been adopted had such unconstitutional provisions not 351
533-been included herein. 352
534- Section 3. This act shall take effect upon becoming a law. 353
502+appealed to a Career Service Appeals Board pursuant to Section 351
503+2. If such an appeal is taken, no findings or recommendations by 352
504+the Complaint Review Bo ard with respect to the case shall be 353
505+considered by the Career Service Appeals Board in its 354
506+proceedings. 355
507+ Section 5. All commissioned and noncommissioned persons in 356
508+the employ of the Office of the Sheriff of Leon County on the 357
509+effective date of this act who have served for a period of 1 358
510+calendar year or more as of such date shall be permanent 359
511+employees subject to the provisions of this act. All other 360
512+employees shall become permanent employees subject to the 361
513+provisions of this act upon reaching their 1 ca lendar year 362
514+service anniversary date. 363
515+ Section 2. The provisions of this act are severable and if 364
516+any provision is held unconstitutional, the decision of the 365
517+court regarding that provision shall not affect the validity of 366
518+the remaining provisions. It is hereby declared to be the intent 367
519+of the Legislature that the remaining provisions of the act 368
520+would have been adopted had such unconstitutional provisions not 369
521+been included herein. 370
522+ Section 3. This act shall take effect upon becoming a law. 371