Florida Statutes

Fla. Stat. § 110.217 (2025)

Appointment actions and status.

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110.217 Appointment actions and status.—

(1) The department shall develop uniform rules regarding original appointment, promotion, demotion, reassignment, lateral action, separation, and status that must be used by state agencies.

(2) An employee appointed on probationary status shall attain permanent status in his or her current position upon successful completion of at least a 1-year probationary period. The length of the probationary period may not exceed 18 months. An employee who has not attained permanent status in his or her current position serves at the pleasure of the agency head and may be dismissed at the discretion of the agency head.

(3) If an employee who has received an internal agency promotion from a position in which the employee held permanent status is to be dismissed from the promotional position for failure to meet the established performance standards of the promotional position while in probationary status, the agency, before dismissal, shall return the employee to his or her former position, or to a position with substantially similar duties and responsibilities as the former position, if such a position is vacant. Such determinations by an agency are not appealable, and this subsection does not apply to dismissals for any other reason.

History.—s. 21, ch. 79-190; s. 9, ch. 88-290; s. 4, ch. 89-277; s. 1, ch. 91-164; ss. 14, 21, ch. 91-431; ss. 15, 41, ch. 96-399; s. 10, ch. 97-296; s. 12, ch. 2012-215.

Notes of Decisions

Cited in 4 cases, 1988–2014 · leading case: Delong v. Florida Fish & Wildlife Conservation Comm'n, 145 So. 3d 123 (Fla. 3d DCA 2014).

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Delong v. Florida Fish & Wildlife Conservation Comm'n, 145 So. 3d 123 (Fla. 3d DCA 2014). · cites it 20× “Florida’s Department of Management Services (“DMS”) is expressly directed by Section 110.217(1), Florida Statutes, to promulgate rules regarding the employment status of agency employees.”

Tomlinson v. DHRS, 558 So. 2d 62 (Fla. 2d DCA 1990). · cites it 2× “" Section 110.217(6), Florida Statutes (1987), gives DOA authority to create regulations governing separation.”

Jenkins v. State, Dept. of Health & Rehab. Servs., 618 So. 2d 749 (Fla. 1st DCA 1993). “(2) The department shall establish rules and procedures for the suspension, reduction in pay, transfer, layoff, demotion, *753 and dismissal of employees in the career service.”

Brewer v. Dep't of Corr., 531 So. 2d 978 (Fla. 1st DCA 1988). · cites it 2× “At the time appellant’s cause of action accrued, Florida’s statutory scheme entrusted the Career Service Commission with jurisdiction to hear appeals in six types of actions against employees.”

— 110.217(1) — 1 case

Delong v. Florida Fish & Wildlife Conservation Comm'n, 145 So. 3d 123 (Fla. 3d DCA 2014). “Florida’s Department of Management Services (“DMS”) is expressly directed by Section 110.217(1), Florida Statutes, to promulgate rules regarding the employment status of agency employees.”

— 110.217(2) — 1 case

— 110.217(6) — 3 cases

Tomlinson v. DHRS, 558 So. 2d 62 (Fla. 2d DCA 1990). “" Section 110.217(6), Florida Statutes (1987), gives DOA authority to create regulations governing separation.”

Brewer v. Dep't of Corr., 531 So. 2d 978 (Fla. 1st DCA 1988). “At the time appellant’s cause of action accrued, Florida’s statutory scheme entrusted the Career Service Commission with jurisdiction to hear appeals in six types of actions against employees.”

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