House Bill 1441
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1441
        By Representative Russell
  1                      A bill to be entitled
  2         An act relating to Hernando County; providing
  3         for application of the act to career-service
  4         members of the Hernando County Sheriff's
  5         Office; providing certain exceptions; defining
  6         the term "member" with respect to
  7         career-service personnel of the Hernando County
  8         Sheriff's Office; specifying the period of
  9         employment required to qualify for
10         career-service membership; providing for
11         implementation of the act; authorizing the
12         Sheriff to adopt rules; creating the Career
13         Service Appeals Board; providing for membership
14         of the board; providing for the board to make
15         nonbinding recommendations to the Sheriff with
16         respect to the dismissal of a member; providing
17         for compensation for witnesses appearing before
18         the board; specifying rights and procedures for
19         hearings before the board; providing that
20         actions of the board and Sheriff are exempt
21         from ch. 120, F.S.; providing immunity from
22         civil liability for certain actions; exempting
23         certain appeals from application of the act;
24         providing for severability; providing an
25         effective date.
26
27  Be It Enacted by the Legislature of the State of Florida:
28
29         Section 1.  Members of Hernando County Sheriff's
30  Office; applicability of the act; career-service status.--
31
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1441
    709-113A-00
  1         (1)  This act applies to members of the Hernando County
  2  Sheriff's Office, with the following exceptions:
  3         (a)  Members serving in full-time positions during the
  4  initial probationary period.
  5         (b)  Part-time members.
  6         (c)  Reserve and auxiliary deputy sheriffs.
  7         (d)  Special deputies.
  8         (e)  Members holding the position of Chief Deputy or
  9  Undersheriff.
10         (f)  Members holding the position of Captain or above.
11         (2)  This act does not apply to the dismissal of a
12  member which arises from a layoff or from the partial or total
13  abolition or cessation of a program, service, operation,
14  department, or grant-funded position, at the discretion of the
15  Sheriff.
16         (3)  This act does not grant the right of collective
17  bargaining to members of the Hernando County Sheriff's Office
18  who do not otherwise have that right pursuant to law.
19         (4)  As used in this act, the term "member" means all
20  persons, whether employed by or appointed to the Hernando
21  County Sheriff's Office, including personnel certified under
22  chapter 943, Florida Statutes, and noncertified personnel.
23         (5)(a)  A member attains the status as a career-service
24  member if the member serves for 1 calendar year and is not
25  placed upon extended probation during that period. Any member
26  who is placed on extended probation attains status as a
27  career-service member following the 1-year period upon
28  successful completion of the extended probation.
29         (b)  For the purpose of determining career-service
30  status under this act, all time in the employment of the
31  Hernando County Sheriff's Office while attending the police
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1441
    709-113A-00
  1  academy, or other comparable training, for certification as a
  2  sworn officer or deputy sheriff does not count toward the 1
  3  calendar year of minimum service required for purposes of
  4  qualifying as a career-service member.
  5         (c)  Effective July 1, 2000, all nonprobationary
  6  members who hold the rank of lieutenant or below, through a
  7  competitive promotional process, shall be granted
  8  career-service status at such rank or level.
  9         (d)  Any member who is required to serve a probationary
10  period attendant to a promotion shall retain his or her status
11  as a career-service member of the Sheriff's Office, but may be
12  demoted to his or her prior position during the probationary
13  period.
14         (e)  Any member who leaves the employment of the
15  Sheriff's Office must, after rejoining the employment of the
16  Sheriff's Office, complete 1 additional calendar year of
17  service before being granted status as a career-service
18  member.
19         (6)  The Sheriff shall implement this act on July 1,
20  2000. Any career-service member of the Sheriff's Office who
21  holds the rank of lieutenant or below, through a competitive
22  promotional process, on July 1, 2000, shall retain his or her
23  career-service rank, unless cause exists for demotion. Cause
24  shall be misfeasance, nonfeasance, or malfeasance in office,
25  or for any just cause for which certification of a law
26  enforcement officer may be revoked under chapter 943, Florida
27  Statutes.
28         Section 2.  Administration.--The Hernando County
29  Sheriff may adopt rules to administer this act. However, this
30  act does not affect the authority of the Hernando County Board
31  of County Commissioners to adopt a budget.
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1441
    709-113A-00
  1         Section 3.  Career Service Appeals Board; creation;
  2  membership; duties.--
  3         (1)  An ad hoc Career Service Appeals Board is created
  4  for the purpose of hearing appeals of career-service members
  5  arising from disciplinary dismissal. The board may also
  6  provide assistance and advice to the Sheriff in matters
  7  concerning disciplinary dismissal and may take any other
  8  action authorized by the Sheriff.
  9         (2)  The Career Service Appeals Board shall be composed
10  of:
11         (a)  Two individuals selected by a majority vote of the
12  career-service members of the Sheriff's Office.
13         (b)  Two individuals selected by the Sheriff.
14         (c)  One individual, selected by a majority of the
15  other four members of the board, who shall serve as
16  chairperson, unless otherwise determined by the board.
17         (3)(a)  Each individual appointed to the board must be
18  of good moral character and reputation within the community,
19  be a citizen of the United States, and have been a permanent
20  resident of Hernando County for at least 2 years.
21         (b)  Board members shall be appointed to terms of 2
22  years each, except that of the initial appointments, one of
23  the individuals appointed by the Sheriff and one of the
24  individuals appointed by the career-service members shall be
25  appointed to terms of 1 year.
26         (4)  A board member may not be:
27         (a)  A member of any national, state, or county
28  committee of a political party.
29         (b)  A candidate for or an incumbent of any elected
30  public office.
31         (c)  A member of the Hernando County Sheriff's Office.
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1441
    709-113A-00
  1         (d)  The spouse, parent, grandparent, child,
  2  grandchild, brother, sister, aunt, uncle, niece, or nephew, by
  3  consanguinity or affinity, of a member of the Sheriff's
  4  Office.
  5         (e)  Positioned so as to have a conflict of interest
  6  with the duties and responsibilities of board membership.
  7         (5)  The Career Service Appeals Board shall make a
  8  nonbinding recommendation to the Sheriff as to whether a
  9  member's dismissal was for a violation of a policy, rule,
10  procedure, or practice of the Sheriff's Office.
11         (a)  The chairperson of the board may sign all notices,
12  subpoenas, and recommendations on behalf of the board. A judge
13  of the circuit court of Hernando County, on application of the
14  Career Service Appeals Board, shall compel obedience by
15  proceedings as for contempt upon failure of any person to
16  comply with a subpoena or testify upon any matter on which he
17  or she may be lawfully interrogated.
18         (b)  Each witness who appears in obedience to a
19  subpoena before the board shall receive the same compensation
20  for attendance and mileage as is provided to witnesses in
21  civil cases who appear before the courts of this state.
22  Payment is the responsibility of the party calling the
23  witness, except that with respect to any witness called by the
24  board, payment shall be made by the Sheriff upon presentation
25  of proper documentation.
26         (6)(a)  Any person who files an appeal concerning his
27  or her status as a career-service member of the Sheriff's
28  Office has a right to a hearing before the Career Service
29  Appeals Board, may be represented by a person of his or her
30  choice, may present relevant evidence and argument, and may
31  cross-examine witnesses.
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2000                HB 1441
    709-113A-00
  1         (b)  The board shall, by a majority vote, dispose of
  2  the appeal by making a finding of fact and issuing its written
  3  recommendations, including any mitigating circumstances, to
  4  the Sheriff for his or her consideration. The Sheriff retains
  5  the right of final determination and a person may not be
  6  reinstated with or without back pay or benefits without the
  7  concurrence of the Sheriff.
  8         (7)  The actions of the Career Service Appeals Board
  9  and the Sheriff are exempt from chapter 120, Florida Statutes.
10  The actions of the Sheriff are final and not subject to
11  appeal.
12         (8)  The Career Service Appeals Board, its members, the
13  Sheriff, witnesses while giving truthful testimony, and all
14  representatives of parties appearing before the board are
15  immune from civil liability arising from actions taken
16  pursuant to this section.
17         Section 4.  Nonapplicability of act.--This act does not
18  apply to any appeal by a deputy sheriff claiming dismissal due
19  to lawful off-duty political activity or discriminatory
20  reasons, which may be appealed under chapter 30, Florida
21  Statutes.
22         Section 5.  If any provision of this act or the
23  application thereof to any person or circumstance is held
24  invalid, the invalidity does not affect other provisions or
25  applications of the act which can be given effect without the
26  invalid provision or application, and to this end the
27  provisions of this act are declared severable.
28         Section 6.  This act shall take effect July 1, 2000.
29
30
31
                                  6