CopyPublished | District Court, S.D. Florida | 1987 U.S. Dist. LEXIS 16739, 1987 WL 45179
...The Plaintiff is also a full-time student at Florida International University and expected to receive his degree in Criminal Justice in the Summer of 1987. 9. The 1985 Session of the Florida Legislature enacted Session Law 85-54, which amended Florida Statute 110.1127(3)(a)(l) to provide that within HRS all positions in programs providing care to children for 15 hours or more per week are deemed to be positions of special trust or responsibility and a person shall be disqualified for employment in any suc...
...It provides no exceptions for those people already employed by HRS who have good records. It is a blanket exclusion of a group of people forever from positions of special trust or responsibility within HRS. No other Florida Statute grants any relief whatsoever from the absolute prohibition contained in Florida Statute 110.1127(3)(a)(l)....
...Craft,
436 U.S. 1, 11-12 ,
98 S.Ct. 1554, 1561-1562 ,
56 L.Ed.2d 30 (1978); Goss v. Lopez,
419 U.S. 565, 573-574 ,
95 S.Ct. 729, 735-736 ,
42 L.Ed.2d 725 (1974); Hearn v. City of Gainesville,
688 F.2d 1328, 1332-1333 (11th Cir.1982). 4. Florida Statute
110.1127(3)(a)(l) is unconstitutional and violates the due process laws because it mandates the firing of a certain group of employees, including those who possess property interests in their employment, as does the Plaintiff, without even the most rudimentary type of due process....
...645, 649 ,
92 S.Ct. 1208, 1211 ,
31 L.Ed.2d 551 (1972); Carrington v. Rash,
380 U.S. 89, 96 ,
85 S.Ct. 775, 780 ,
13 L.Ed.2d 675 (1965); United States Dept. of Agriculture v. Murry,
413 U.S. 508, 514 ,
93 S.Ct. 2832, 2835 ,
37 L.Ed.2d 767 (1973). 6. Florida Statute
110.1127(3)(a)(l) contains a permanently irrebuttable presumption that all persons who have ever been convicted of one or more certain enumerated felonies, no matter how long ago, no matter how rehabilitated the individual, can never, under any circumstances, be placed in a position of special trust or responsibility within HRS....
...ot withdraw that right on grounds of misconduct absent fundamentally fair procedures.’ ” Since this case was heard by the Court, the Legislature, apparently recognizing the infirmities in the statute has amended it. (1987 Legis. HB 1409-amending S.110.1127 F.S.) Now a procedure has been provided so that an employee may seek an exemption....
...He now can have “process” of an apparently reasonable type to preserve his job. In view of his performance it is unlikely that “cause” could be shown to bar the exemption sought. 7. These facts also present the interesting question as to whether or not Florida Statute 110.1127(3)(a)(l) violates Article I, § 10 of the Constitution of the United States....
...Florida Statute
110.227(1) provides that a permanent status employee can be suspended or fired only for cause. The Statute became part of the Plaintiff’s employment contract with the State of Florida. The question becomes whether it was obliged to abide by it. Florida Statute
110.1127(3)(a)(l) required that the Plaintiff be fired presumably in violation of....
...ts into practice its handling of the exemption procedures. I note parenthetically further actions in this regard should, initially, at least, be addressed to the state courts. In view of the above, it is ORDERED AND ADJUDGED that: 1. Florida Statute 110.1127(3)(a)(l), in its original form, is unconstitutional on its face and as applied to the Plaintiff....
