Senate Bill 2678

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    Florida Senate - 1999        (NP)                      SB 2678

    By Senator Saunders





    25-812A-99

  1                      A bill to be entitled

  2         An act relating to Lee County; amending ch.

  3         74-522, Laws of Florida, as amended;

  4         redesignating the Lee County Sheriff's

  5         Department as the Lee County Sheriff's Office;

  6         revising qualifications for membership on the

  7         civil service board; revising the date for

  8         electing board members; deleting certain

  9         limitations for classification as members of

10         the civil service; revising requirements for

11         demotions in rank following the election of a

12         new sheriff; deleting provisions authorizing a

13         specified amount of annual leave for certain

14         employees; deleting certain restrictions on the

15         age at which an applicant may be employed as a

16         deputy sheriff; deleting certain restrictions

17         on the employment of persons with a medical

18         discharge; revising requirements for the

19         posting of notices of employment; clarifying

20         provisions authorizing political activities

21         during off-duty hours; providing an effective

22         date.

23

24  Be It Enacted by the Legislature of the State of Florida:

25

26         Section 1.  Chapter 74-522, Laws of Florida, as amended

27  by chapter 87-446, Laws of Florida, chapter 87-547, Laws of

28  Florida, and chapter 95-514, Laws of Florida, is amended to

29  read:

30         Section 1.  There is hereby created a civil service

31  board, hereafter referred to as the "board", composed of five

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    Florida Senate - 1999        (NP)                      SB 2678
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  1  (5) members to administer the terms of this act which shall

  2  apply to all classified deputy sheriffs and employees of the

  3  Lee County Sheriff's Office department.

  4         (1)  The board shall consist of five (5) members who

  5  shall be elected or appointed as follows:

  6         (a)  One (1) member of the board will be the sheriff or

  7  his designate.

  8         (b)  One (1) member of the board to be elected by a

  9  majority of the employees with the rank of lieutenant or above

10  through captain.

11         (c)  One (1) member of the board to be elected by a

12  majority of the employees with the rank of deputy patrolman or

13  sergeant.

14         (d)  One (1) member to be an upstanding resident of Lee

15  County to be elected by the board.

16         (e)  One (1) member of the board to be the department

17  chaplain.

18         (f)  Election of the three (3) members shall be held at

19  the first staff meeting in on the second Tuesday of September,

20  with the members taking office on the 1st day of October.

21         (g)  If for any reason, a member of the board cannot

22  serve, an alternate member will be elected in the same manner

23  as provided in this section 1 above.

24         (h)  All vacancies on the board will be filled by the

25  procedure established in this section 1 above.

26         Section 2.  Members of the board shall be twenty-one

27  (21) years of age or over, of good moral character, a citizen

28  of the United States of America, a permanent resident of

29  Florida and must have resided in Lee County for at least one

30  (1) year prior to his appointment.

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    Florida Senate - 1999        (NP)                      SB 2678
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  1         Section 3.  The civil service act, as set forth, will

  2  encompass all classified members of the sheriff's department

  3  of Lee County Sheriff's Office.

  4         (1)  All members of the sheriff's office department

  5  under the rank of chief deputy colonel shall be classified

  6  members of the civil service act.

  7         (2)  All members of the Lee County sheriff's department

  8  above the rank of major will remain unclassified.

  9         Section 4.  The board shall, upon its organization,

10  elect one (1) member as chairman and one (1) secretary and

11  they shall perform their duties in accordance with the rules

12  and regulations to be adopted promulgated by the board.

13         Section 5.  This act shall become operative upon the

14  certification to the board by the sheriff that the office of

15  the sheriff of Lee County is functioning under the civil

16  service rules as established in this document.  When the

17  certification of organization and capability has been filed by

18  the sheriff, the board shall forthwith acknowledge such

19  certification.  Thereafter, the certification shall be

20  irrevocable except by subsequent act of legislature.

21         Section 6.  The board, as a body, shall have the power,

22  subject to minimum requirements, to act to:

23         (1)  Make investigations concerning the enforcement and

24  effect of this act, and to require observance of its

25  provisions and the rules and regulations made thereunder.

26         (2)  Hear and determine appeals of complaints

27  respecting the administration of this act.

28         (3)  Establish and maintain a roster of all employees

29  in the classified service of the office of the sheriff showing

30  their position, rank, compensation, benefits and place of

31  residence.

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  1         (4)  Ascertain and record the duties and

  2  responsibilities appertaining to all positions in the

  3  classified service and classify such positions in the manner

  4  hereafter provided.

  5         (5)  Keep any other records as may be necessary for the

  6  proper administration of this act.

  7         Section 7.  All classified persons in the employ of the

  8  office of the sheriff at the time this act becomes operative,

  9  who have served for a period longer than one (1) year in a

10  position and rank shall now be under this act, retained as

11  same, without preliminary or performance tests but shall

12  thereafter be subject in all other respects to the provisions

13  of this act.  In the event a new sheriff is elected to office

14  in Lee County, all classified employees of the sheriff's

15  office department shall remain in the same position with the

16  exception of personnel who are ranked at captain or above,

17  captains who may shall be subject to a one (1) grade demotion

18  in rank to lieutenant or above in order to allow the sheriff

19  to establish his administration.

20         Section 8.  The sheriff shall formulate reasonable

21  rules governing the granting of leaves of absence to members

22  of the sheriff's office department in good standing.  Except

23  as hereinafter provided, no leave of absence shall be given

24  for more than one (1) year, however, such leaves may be

25  extended with the approval of the sheriff upon the showing of

26  good cause.

27         (1)  All persons employed by the Lee County Sheriff's

28  office who shall be inducted in the armed forces of the United

29  States of America or who shall voluntarily by enlistment enter

30  into such forces in time of war or national emergency shall,

31  upon application to the sheriff, receive a military leave of

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  1  absence for the duration of the period of service required.

  2  During the period of service, all persons shall be entitled to

  3  all the benefits and privileges of this act and shall retain

  4  all rights of seniority. All persons shall be entitled to

  5  reemployment in the same capacity and position they held at

  6  the time of entering said military service, provided, however,

  7  that application for reinstatement in such position be made by

  8  or on behalf of such employee within three (3) months after

  9  termination of military service.  Provided further that to be

10  entitled to the benefits of this subsection, such military

11  service must have been honorable.

12         (2)  All employees coming under the provision of this

13  act shall be entitled to one and one fourth (1 1/4) days

14  annual leave for each month of service after six (6) months of

15  continuous service, which leave shall be taken at the time as

16  the employee and the sheriff shall agree upon.

17         Section 9.  The minimum standards and qualifications

18  for an original applicant for employment as a deputy sheriff,

19  or in any other capacity in the office of the sheriff of Lee

20  County, shall be as follows:

21         (1)  An applicant for employment as a deputy sheriff

22  (road deputy) shall not be more than thirty-five (35) years of

23  age.

24         (2)  Exception to (1) of this section is allowance of

25  one (1) year of age per equal time in military service in the

26  United States of America or one (1) year of age for each year

27  of service as a member of a recognized law enforcement agency

28  up to five (5) years but not to have reached his or her

29  forty-first (41) birthday.

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  1         (1)(3)  An applicant shall have graduated from a duly

  2  accredited high school or shall have the equivalent of a high

  3  school diploma.

  4         (2)(4)  An applicant shall be physically capable of

  5  performing all functions and duties of a deputy sheriff as

  6  established by the board, and this physical capacity shall be

  7  certified by a physician licensed in this state and selected

  8  by the board.

  9         (3)(5)  No person is eligible to receive public funds

10  as a salary or for services rendered as a deputy sheriff of

11  Lee County until such person has submitted to the sheriff, a

12  written application for employment and has passed an oral

13  examination.

14         (4)(6)  An applicant shall not have been convicted of a

15  felony or of a misdemeanor for which the penalty be more than

16  a three hundred dollar ($300) fine and/or ninety (90) days

17  confinement.

18         (5)(7)  An applicant with military service shall have

19  an honorable discharge.  No person with a medical discharge or

20  who is incapable of carrying out the functions or duties of

21  the office of deputy sheriff shall hold a position with the

22  department.

23         (8)  The sub-sections of section 9 shall apply only to

24  the employees of the classified service and shall not apply to

25  special deputy sheriffs appointed pursuant to the provisions

26  of section 30.09(4), Florida Statutes.

27         Section 10.  Promotions will be made on a merit basis

28  such as work performance, knowledge of job and other

29  qualifications.  All promotions will be made by the sheriff.

30         (1)  Whenever there is an opening in any division, this

31  opening will be publicly posted throughout the sheriff's

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    Florida Senate - 1999        (NP)                      SB 2678
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  1  office on the department bulletin board for a period of five

  2  (5) days to allow all persons eligible to apply for transfer

  3  from their division to the division where the opening exists.

  4  Those interested should apply in writing to the sheriff

  5  requesting such transfer.  The sheriff reserves the right to

  6  transfer any employee for the betterment of the service;

  7  provided, however, the employees shall not be reduced in rank.

  8         (2)  No appointment or promotion in any position in the

  9  sheriff's office department shall be deemed complete until

10  after the expiration of a period of one (1) year's

11  probationary service, during which time the sheriff may

12  terminate the employment of any person certified and/or

13  appointed.

14         (3)  Appointments shall be regarded as taking effect

15  upon the date the person appointed reports for duty.  A person

16  certified by the sheriff who does not report for duty at the

17  time so designated, and who does not explain his said failure

18  to report, in writing, within five (5) days, may be rejected

19  by the sheriff.

20         Section 11.  The practice and procedure of the board

21  with respect to any investigation by the board authorized by

22  this act shall be in accordance with rules and regulations to

23  be adopted promulgated by the board which shall provide for a

24  reasonable notice to all persons affected by recommendations

25  to be made by the board after such investigation, with the

26  opportunity to be heard either in person or by counsel.

27         Section 12.  No person shall solicit orally or by

28  letter, and no public officer or employee shall receive or be

29  in any manner concerned in receiving or soliciting any money

30  or valuable things from any employee of the sheriff's

31  department or political party for any purpose whatsoever. No

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    Florida Senate - 1999        (NP)                      SB 2678
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  1  person shall use or promise to use his influence or official

  2  authority to secure any appointment or prospect of appointment

  3  to any position classified under this act as a reward or

  4  return for personal or partisan political service. No public

  5  officer or employee shall by means of threats or coercion

  6  induce or attempt to induce any person holding a position in

  7  the sheriff's office department to resign his position, or to

  8  take a leave of absence from duty or to waive any rights under

  9  this act.

10         Section 13.  The sheriff may suspend or dismiss an

11  employee only for just cause.  The employee so dismissed or

12  suspended will have fifteen (15) days to file an appeal with

13  the board.  Officers with the rank of lieutenant and above

14  will have the authority to take immediate disciplinary action

15  including relieving an employee a man of duty, thereafter

16  securing the approval of the sheriff.  The sheriff may

17  summarily suspend an employee for a reasonable period not

18  exceeding thirty (30) days.  Every such suspension shall be

19  without pay; provided, however, that the board shall have the

20  authority to investigate every such suspension and if it is

21  found that the sheriff acted in bad faith, it shall have the

22  power to restore pay to the employee for such suspended time.

23         (1)  Subject to the foregoing provisions of this

24  section, any person holding a position in the sheriff's office

25  department who has been removed or discharged, has the

26  opportunity to be heard in his own defense upon filing a

27  written request to the board within fifteen (15) days

28  following the action.  The appeal shall, within thirty (30)

29  days after the filing be heard, investigated and determined by

30  the board as provided by section 13 of this act.

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    Florida Senate - 1999        (NP)                      SB 2678
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  1         (2)  The decision of the board will be final and

  2  absolute.

  3         Section 14.  It shall be the duty of the authorities

  4  having charge of the public buildings of Lee County to allow

  5  the reasonable use of public buildings and rooms for the

  6  holding of meetings of the board and any examinations or

  7  investigations provided for by this act.

  8         Section 15.  (1)  It shall be and is hereby made the

  9  duty of the sheriff of Lee County to provide annually in his

10  budget, a sufficient sum of money to enable the board to

11  properly carry out the purposes of this act.

12         (2)  Effective October 1, 1986 and thereafter, it is

13  the duty of the sheriff of Lee County to provide annually in

14  his budget a sufficient sum of money to pay a percentage of

15  the cost of the health insurance of members of the Lee County

16  Sheriff's Office Department who retire from active service

17  after having accumulated at least 15 years of creditable

18  service under the Florida Retirement System. The health

19  insurance costs payable pursuant to this section include

20  premiums for major medical and hospitalization insurance, but

21  do not include premiums for dental insurance.  When a retiree

22  receiving this health insurance benefit becomes eligible for

23  Medicare, his health coverage will convert to the Medicare

24  Supplement health insurance.

25         (a)  In order to receive this benefit, the retiree must

26  have served with the Lee County Sheriff's Office Department

27  for the 10 years immediately preceding his retirement.  The

28  retiree may claim up to 5 years of creditable service earned

29  while in the employ of another member agency within the

30  Florida Retirement System.  The Lee County Sheriff's Office

31  Department shall verify all years of creditable service

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  1  claimed through the Division of Retirement of the Department

  2  of Administration.

  3         (b)  If an employee retires from the Lee County

  4  Sheriff's Office Department after at least 10 years of service

  5  with the department, but before reaching retirement age, and

  6  has participated in the Florida Retirement System for at least

  7  15 years, he may pay his and his dependent's health insurance

  8  costs until he begins to receive retirement benefits under the

  9  Florida Retirement System.  The Lee County Sheriff's Office

10  Department shall begin to pay a percentage of the employee's

11  health insurance costs when he begins to receive such

12  retirement benefits.  The retiree shall give the sheriff's

13  office department written notice of the date of payment of his

14  initial retirement benefit.  The Lee County Sheriff's Office

15  Department shall verify this date through the Division of

16  Retirement of the Department of Administration.

17         (c)  The Lee County Sheriff's Office Department shall

18  base the percentage of a retiree's health insurance costs it

19  will pay upon the number of years of creditable service that

20  the retiree has accumulated in the Florida Retirement System.

21  Fifteen years of creditable service entitles the retiree to

22  have 75 percent of his health insurance premiums paid by the

23  sheriff's office department.  The sheriff's office department

24  shall pay an additional 5 percent of the insurance premiums

25  for each year of service in excess of 15 years until reaching

26  a maximum of 100 percent of the premium at 20 years of

27  service.  The Lee County Sheriff's Office Department shall pay

28  an additional one-twelfth of 1 percent of the premium for each

29  month served until the full 100 percent is paid.

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  1         (d)  If an employee has health insurance coverage

  2  through a previous employer, the Lee County Sheriff's Office

  3  Department will be the secondary payor.

  4         (e)  If an employee receives a retiree health insurance

  5  subsidy from the state, the Lee County Sheriff's Office

  6  Department shall reduce the amount it pays of the employee's

  7  health insurance premiums by the amount of the subsidy.

  8         (f)  The Lee County Sheriff's Office Department shall

  9  pay for the health insurance coverage of the retiree only.

10  The retiree may pay for the health insurance of his

11  dependents.  Upon a retiree's death, his spouse may continue

12  the health insurance coverage previously provided by the

13  retiree.  Premiums must be paid to the Lee County Sheriff's

14  Office Department.

15         (g)  This retiree health insurance benefit is only

16  available to an employee when he retires.  If the employee

17  does not elect to receive the insurance benefit upon retiring,

18  he does not have the option of receiving the benefit at a

19  later date.

20         Section 16.  No person holding a classified position in

21  the sheriff's office department shall take an active part in

22  any political campaign while on duty. Nothing in this act

23  shall be construed to prohibit or prevent any such person from

24  exercising lawful political rights while off duty, from

25  becoming or continuing to be a member of a political club or

26  organization, or from attending any political meetings, or

27  from enjoying entire freedom from all interferences in casting

28  his vote. Any person violating the provisions of this section

29  may be dismissed from the service of the office of the sheriff

30  of Lee County.

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  1         Section 17.  The provisions of this act shall be

  2  severable and if any of the provisions shall be held to be

  3  unconstitutional, the decision of the court shall not affect

  4  the validity of the remaining provisions.  It is hereby

  5  declared the legislative intent of this act that it would have

  6  been adopted by the legislature had such unconstitutional

  7  provision not have been included therein. This act shall not

  8  be held or construed to create any property rights or any

  9  vested interests in any position in the sheriff's office

10  department and the right is hereby reserved to repeal, alter

11  or amend this act, or any provision thereof at any time.

12         Section 18.  All laws and parts of laws, insofar as

13  they are inconsistent with this act, or any provision thereof,

14  are, to the extent of such conflict, hereby repealed.

15         Section 2.  This act shall take effect upon becoming a

16  law.

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