The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 110
STATE EMPLOYMENT

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F.S. 110.227

110.227 Suspensions, dismissals, reductions in pay, demotions, layoffs, transfers, and grievances.—

(1) Any employee who has satisfactorily completed at least a 1-year probationary period in his or her current position may be suspended or dismissed only for cause. Cause shall include, but is not limited to, poor performance, negligence, inefficiency or inability to perform assigned duties, insubordination, violation of the provisions of law or agency rules, conduct unbecoming a public employee, misconduct, habitual drug abuse, or conviction of any crime. The agency head shall ensure that all employees of the agency have reasonable access to the agency’s personnel manual.

(2)(a) The department shall establish rules and procedures for the suspension, reduction in pay, transfer, layoff, demotion, and dismissal of employees in the career service. Except with regard to law enforcement or correctional officers, firefighters, or professional health care providers, rules regarding layoff procedures shall not include any system whereby a career service employee with greater seniority has the option of selecting a different position not being eliminated, but either vacant or already occupied by an employee of less seniority, and taking that position, commonly referred to as “bumping.”

(b) For the implementation of layoffs as defined in s. 110.107, the department shall develop rules requiring retention of the agency’s employees based upon objective measures that give consideration to comparative merit, demonstrated skills, the employee’s experience, and the employee’s length of service. Such rules shall be approved by the Administration Commission before their adoption by the department.

(3)(a) With regard to law enforcement or correctional officers, firefighters, or professional health care providers, when a layoff becomes necessary, such layoff shall be conducted within the competitive area identified by the agency head and approved by the Department of Management Services. Such competitive area shall be established taking into consideration the similarity of work; the organizational unit, which may be by agency, department, division, bureau, or other organizational unit; and the commuting area for the work affected.

(b) With regard to law enforcement or correctional officers, firefighters, or professional health care providers, layoff procedures shall be developed to establish the relative merit and fitness of employees and shall include a formula for uniform application among all employees in the competitive area, taking into consideration the type of appointment, the length of service, and the evaluations of the employee’s performance within the last 5 years of employment.

(4) A grievance process shall be available to career service employees who have satisfactorily completed at least a 1-year probationary period in their current positions. A grievance is defined as the dissatisfaction that occurs when an employee believes that any condition affecting the employee is unjust, inequitable, or a hindrance to effective operation. Claims of discrimination and sexual harassment or claims related to suspensions, reductions in pay, demotions, and dismissals are not subject to the career service grievance process. The following procedures shall apply to any grievance filed pursuant to this subsection, except that all timeframes may be extended in writing by mutual agreement:

(a) Step One.—The employee may submit a signed, written grievance on a form provided by the agency to his or her supervisor within 14 calendar days following the occurrence of the event giving rise to the grievance. The supervisor must meet with the employee to discuss the grievance and provide a written response to the employee within 7 business days following receipt of the grievance.

(b) Step Two.—If the employee is dissatisfied with the response of his or her supervisor, the employee may submit the written grievance to the agency head or his or her designee within 7 business days following receipt of the supervisor’s written response. The agency head or his or her designee must meet with the employee to discuss the grievance within 5 business days following receipt of the grievance. The agency head or his or her designee must respond in writing to the employee within 5 business days following the meeting. The written decision of the agency head shall be the final authority for all grievances filed pursuant to this subsection. Such grievances may not be appealed beyond Step Two.

(5)(a) A career service employee who has satisfactorily completed at least a 1-year probationary period in his or her current position and who is subject to a suspension, reduction in pay, demotion, involuntary transfer of more than 50 miles by highway, or dismissal shall receive written notice of such action at least 10 days prior to the date such action is to be taken. Subsequent to such notice, and prior to the date the action is to be taken, the affected employee shall be given an opportunity to appear before the agency or official taking the action to answer orally and in writing the charges against him or her. The notice to the employee required by this paragraph may be delivered to the employee personally or may be sent by certified mail with return receipt requested. Such actions shall be appealable to the Public Employees Relations Commission as provided in subsection (6). Written notice of any such appeal shall be filed by the employee with the commission within 21 calendar days after the date on which the notice of suspension, reduction in pay, demotion, involuntary transfer of more than 50 miles by highway, or dismissal is received by the employee.

(b) In extraordinary situations such as when the retention of a career service employee who has satisfactorily completed at least a 1-year probationary period in his or her current position would result in damage to state property, would be detrimental to the best interest of the state, or would result in injury to the employee, a fellow employee, or some other person, such employee may be suspended or dismissed without 10 days’ prior notice, provided that written or oral notice of such action, evidence of the reasons therefor, and an opportunity to rebut the charges are furnished to the employee prior to such dismissal or suspension. Such notice may be delivered to the employee personally or may be sent by certified mail with return receipt requested. Agency compliance with the foregoing procedure requiring notice, evidence, and an opportunity for rebuttal must be substantiated. Any employee who is suspended or dismissed pursuant to the provisions of this paragraph may appeal to the Public Employees Relations Commission as provided in subsection (6). Written notice of any such appeal shall be filed with the commission by the employee within 21 days after the date on which the notice of suspension, reduction in pay, demotion, or dismissal is received by the employee.

(6) The following procedures shall apply to appeals filed pursuant to subsection (5) with the Public Employees Relations Commission, hereinafter referred to as the commission:

(a) The commission must conduct a hearing within 60 calendar days following the filing of a notice of appeal. No extension of time for the hearing may exceed 30 calendar days, absent exceptional circumstances, and no extension of time may be granted without the consent of all parties. Discovery may be granted only upon the showing of extraordinary circumstances. A party requesting discovery shall demonstrate a substantial need for the information requested and an inability to obtain relevant information by other means. Except where inconsistent with the requirements of this subsection, the provisions of s. 447.503(4) and (5) and chapter 120 apply to proceedings held pursuant to this subsection.

(b) A person may represent himself or herself in proceedings before the commission or may be represented by legal counsel or by any individual who qualifies as a representative pursuant to rules adopted by the commission.

(c) If the commission finds that cause did not exist for the agency action, the commission shall reverse the decision of the agency head and the employee shall be reinstated with or without back pay. If the commission finds that cause existed for the agency action, the commission shall affirm the decision of the agency head. The commission may not reduce the penalty imposed by the agency head, except in the case of law enforcement or correctional officers, firefighters, and professional health care providers, if the commission makes specific written findings of mitigation.

(d) A recommended order shall be issued by the hearing officer within 30 days following the hearing. Exceptions to the recommended order shall be filed within 15 days after the recommended order is issued. The final order shall be filed by the commission no later than 45 calendar days after the hearing or after the filing of exceptions or oral arguments if granted.

(e) Final orders issued by the commission pursuant to paragraph (d) shall be reviewable as provided in s. 447.504.

(7) Other than for law enforcement or correctional officers, firefighters, and professional health care providers, each suspension, dismissal, demotion, or reduction in pay must be reviewed without consideration of any other case or set of facts.

History.—s. 21, ch. 79-190; s. 3, ch. 81-169; s. 74, ch. 86-163; s. 7, ch. 90-196; s. 1, ch. 91-164; ss. 17, 21, ch. 91-431; s. 33, ch. 92-279; s. 55, ch. 92-326; s. 667, ch. 95-147; s. 17, ch. 96-399; s. 4, ch. 98-196; ss. 21, 22, ch. 2001-43; s. 11, ch. 2003-138; s. 1, ch. 2008-126; s. 13, ch. 2012-215.

F.S. 110.227 on Google Scholar

F.S. 110.227 on Casetext

Amendments to 110.227

Arrestable Offenses / Crimes under Fla. Stat. 110.227

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 110.227.

Annotations, Discussions, Cases:

Cases from cite.case.law:

B. JOHNSON, v. DEPARTMENT OF CORRECTIONS,, 191 So. 3d 965 (Fla. Dist. Ct. App. 2016)

. . . employment as a corrections officer' under the extraordinary dismissal procedure set out in section 110.227 . . . Johnson appealed the dismissal to the Public Employees Relations Commission. § 110.227(5)(b), Fla. . . . Chapter 120 applies to proceedings under section 110.227(5), Florida Statutes, including judicial review . . .

M. DELONG, v. FLORIDA FISH WILDLIFE CONSERVATION COMMISSION,, 145 So. 3d 123 (Fla. Dist. Ct. App. 2014)

. . . . §§ 110.227(5)(a); 447.207(8), Fla. Stat (2012). . . . Pursuant to Section 110.227, Florida Statutes (2012), PERC has jurisdiction to hear appeals filed by . . . dismissals of any "permanent employee” in the State Career Service System "in the manner provided in Section 110.227 . . . . § 110.227(5), Fla. Stat. (2013). . . . constitutionally-protected property right because they could only be disciplined or dismissed for cause. § 110.227 . . .

C. MOYER, v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 130 So. 3d 283 (Fla. Dist. Ct. App. 2014)

. . . . § 110.227(5)(b), Fla. Stat. (2012) (emphasis added). . . . the Department had appropriately utilized the extraordinary situation procedure described in section 110.227 . . . Thus, the Moyer-Robertson conversation cannot qualify as the notice contemplated by section 110.227(5 . . . back pay where agency failed to properly implement the extraordinary dismissal procedures of section 110.227 . . .

PESTA, v. DEPARTMENT OF CORRECTIONS,, 63 So. 3d 788 (Fla. Dist. Ct. App. 2011)

. . . PERC Sept. 25, 2009), and section 110.227, Florida Statues (2009), PERC dismissed the appeal on grounds . . . dismissal of any permanent employee in the State Career Service System in the manner provided in s. 110.227 . . . Under section 110.227(1), Florida Statutes (2009), “[a]ny employee who has satisfactorily completed at . . . But section 110.227(8), Florida Statutes (2009), which became effective on January 1, 2009, see Ch. 2008 . . . Under section 110.227(8), moreover, a career service employee on probationary status only because of . . .

McQUADE, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 51 So. 3d 489 (Fla. Dist. Ct. App. 2010)

. . . Section 110.227(6)(e) defines the scope of the Commission’s review in a career service appeal. . . . See § 110.227(6)(c), Fla. Stat. (2009). . . . 447.207 gives the Commission the authority to hear career service appeals “in the manner provided in s. 110.227 . . . Section 110.227(6)(c) indicates that the Commission is to reverse it if finds a lack of cause for the . . . Section 110.227 does not indicate that a career service appeal is a plenary review of agency action. . . .

KING, v. STATE OF FLORIDA, G. C. M., 650 F. Supp. 2d 1157 (N.D. Fla. 2009)

. . . Plaintiff claims that Florida Statutes § 110.227 imposes a duty upon DEP to ensure that employees are . . . Stat. § 110.227(5)(a). . . .

G. SMITH, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 961 So. 2d 1050 (Fla. Dist. Ct. App. 2007)

. . . (codified at § 110.227(6)(c), Fla. Stat. (2001)) (italicized emphasis added). . . .

A. WILSON, v. FARLEY,, 203 F. App'x 239 (11th Cir. 2006)

. . . . § 110.227(1), (2), (5), but makes no explicit argument on appeal regarding the district court’s findings . . .

FULLER, v. DEPARTMENT OF EDUCATION,, 927 So. 2d 28 (Fla. Dist. Ct. App. 2006)

. . . Among other things, such employees may be suspended or discharged only for cause, section 110.227, Florida . . .

FLORIDA PUBLIC EMPLOYEES COUNCIL AFSCME, AFL- CIO, v. STATE, 921 So. 2d 676 (Fla. Dist. Ct. App. 2006)

. . . See § 110.227(2), Florida Statutes (2001). . . . However, when the 2001 Legislature enacted the Service First legislation, section 110.227(2) was amended . . . The state argues that the effect of the amendment to section 110.227(2) was to immediately repeal the . . . We disagree with that reading of section 110.227(2). . . . Instead, as PERC recognized in its own order, section 110.227(2) “prohibited replacing the layoff rule . . .

KLEIN, v. DEPARTMENT OF EDUCATION,, 908 So. 2d 1097 (Fla. Dist. Ct. App. 2005)

. . . In dismissing the appeal, PERC explained it was authorized by section 110.227(5)(a), Florida Statutes . . .

FLORIDA PUBLIC EMPLOYEES COUNCIL AFSCME, v. BUSH,, 860 So. 2d 992 (Fla. Dist. Ct. App. 2003)

. . . last offer also suggests the parties adopt the employing agency’s layoff transition plan and section 110.227 . . .

K. WHITING, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT,, 849 So. 2d 1149 (Fla. Dist. Ct. App. 2003)

. . . Pursuant to § 110.227(5), Whiting had 14 calendar days from the date he received the notice to file his . . .

DICKENS, v. DEPARTMENT OF JUVENILE JUSTICE,, 830 So. 2d 135 (Fla. Dist. Ct. App. 2002)

. . . PERC’s construction of sections 447.207(8) and 110.227(5)(a), Florida Statutes (2001), as precluding . . .

E. BAMAWO, v. DEPARTMENT OF CORRECTIONS,, 785 So. 2d 610 (Fla. Dist. Ct. App. 2001)

. . . that the Department should not have invoked the expedited dismissal procedure set forth in paragraph 110.227 . . .

DEPARTMENT OF REVENUE, v. NOVOA,, 745 So. 2d 378 (Fla. Dist. Ct. App. 1999)

. . . Section 110.227(1), Florida Statutes states that “[e]ach agency head shall ensure that all employees . . .

A. DOYLE, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 713 So. 2d 1040 (Fla. Dist. Ct. App. 1998)

. . . Under section 110.227(1), Florida Statutes (1995), an employee who has permanent status in the career . . .

GILBERT, v. DEPARTMENT OF CORRECTIONS, 696 So. 2d 416 (Fla. Dist. Ct. App. 1997)

. . . .” § 110.227(1), Fla. Stat. (1995). See generally State, Dep’t of Gen. Servs. v. . . .

DEPARTMENT OF ENVIRONMENTAL PROTECTION, v. B. BARKER,, 654 So. 2d 594 (Fla. Dist. Ct. App. 1995)

. . . Section 110.227(4), Florida Statutes (1993). . . . In view of the statutory requirements of § 110.227(4), Fla.Stat. noted above, DEP's argument that the . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. STACKHOUSE Ho, 629 So. 2d 268 (Fla. Dist. Ct. App. 1993)

. . . Section 110.227(3)(a), Florida Statutes (1991) describes the procedures that an agency must follow when . . . fact that HRS and the DOA took into consideration the required approval criteria set out in section 110.227 . . . Section 110.227(3)(a) and (b), Fla.Stat. (1991). . . . Florida Administrative Code Rule 60K-4.011, like the authorizing statute, section 110.227(3), lists the . . .

E. JENKINS, v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 618 So. 2d 749 (Fla. Dist. Ct. App. 1993)

. . . Section 110.227(1), Fla.Stat. (1989). . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. MUNIZ,, 580 So. 2d 886 (Fla. Dist. Ct. App. 1991)

. . . See, e.g., § 110.227, Fla.Stat. (1989); Fla.Admin.Code Rule 22A-7.010(7). . . .

TOMLINSON, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 558 So. 2d 62 (Fla. Dist. Ct. App. 1990)

. . . .” § 110.227(1), Fla.Stat. (1987). . . .

L. WITT, v. DEPARTMENT OF CORRECTIONS,, 538 So. 2d 1280 (Fla. Dist. Ct. App. 1989)

. . . See section 110.227(1), Florida Statutes. . . .

STATE DEPARTMENT OF GENERAL SERVICES, v. ENGLISH, Jr., 534 So. 2d 726 (Fla. Dist. Ct. App. 1988)

. . . Following a disciplinary proceeding pursuant to section 110.227, Florida Statutes (1985), English was . . . definition of misconduct used in the career service system, even in the absence of specific reference to § 110.227 . . . Section 110.227 provides that a career service employee may be dismissed or suspended for cause. . . .

WILLIAMS, v. DEPARTMENT OF TRANSPORTATION, 531 So. 2d 994 (Fla. Dist. Ct. App. 1988)

. . . employees under the provisions of DOT’s Rule 14-17.005 which was promulgated under the authority of section 110.227 . . . Section 110.227(2) required each department to establish rules and procedures for the suspension, reduction . . . DOT promulgated Rule 14-17.005 to implement the requirements of section 110.227. . . .

A. LAVERY, v. DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES,, 523 So. 2d 696 (Fla. Dist. Ct. App. 1988)

. . . (Supp.1986); § 110.227(1), Fla.Stat. (1985); Fla.Admin.Code Rules 15-3.001, 22 A-7.010(7)(b); cf. . . .

FLORIDA DEPARTMENT OF CORRECTIONS, v. E. PROVIN,, 515 So. 2d 302 (Fla. Dist. Ct. App. 1987)

. . . of DOC’s proposed disciplinary action within ten days before his dismissal, as required by Section 110.227 . . .

FEWQUAY, v. PAGE,, 682 F. Supp. 1195 (S.D. Fla. 1987)

. . . Florida Statute 110.227(1) provides that a permanent status employee can be suspended or fired only for . . . Florida Statute 110.227(1) provides that a permanent status employee can be suspended or fired only for . . .

DEPARTMENT OF CORRECTIONS, v. FLORIDA NURSES ASSOCIATION,, 508 So. 2d 317 (Fla. 1987)

. . . F.S. are contained various statutory provisions relating to the Career Service System including Sec. 110.227 . . . Sec. 110.227(1)_ Provision is also made for a hearing before the State Career Service Commission for . . . Sec. 110.227(5)(a)[.] . . . discharged except for cause nor may they or any of them be denied the protections afforded in Secs. 110.227 . . .

PARK v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 21 Fla. Supp. 2d 219 (Fla. Div. Admin. Hearings 1985)

. . . Section 110.227(1), Florida Statutes (1983). . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. J. GERMAN, 451 So. 2d 1013 (Fla. Dist. Ct. App. 1984)

. . . . § 110.227(1), Fla. Stat. (1981). . . . The Department, therefore, had just cause to dismiss him from that position, § 110.227, and the Commission . . .

FLORIDA STATE UNIVERSITY, v. TUCKER, 440 So. 2d 37 (Fla. Dist. Ct. App. 1983)

. . . letter advising Tucker of the charges against him did not meet the due process requirements of Section 110.227 . . .

DEPARTMENT OF CORRECTIONS, v. B. BARRY, 438 So. 2d 874 (Fla. Dist. Ct. App. 1983)

. . . enable him to prepare his defenses and therefore did not meet the due process requirements of section 110.227 . . . Section 110.227(5)(a), Fla.Stat., provides: (5)(a) Any permanent career service employee who is subject . . .

FLORIDA DEPARTMENT OF LAW ENFORCEMENT, v. HINSON, 429 So. 2d 723 (Fla. Dist. Ct. App. 1983)

. . . rule in the Florida Administrative Code indicate that the rule is authorized by Sections 110.201 and 110.227 . . . (2), Florida Statutes, and implements Sections 110.227(5), 110.305, and 110.-309, Florida Statutes. . . .

DEPARTMENT OF ADMINISTRATION v. C. NELSON, C. NELSON, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY,, 424 So. 2d 852 (Fla. Dist. Ct. App. 1982)

. . . provisions of law or agency rules, conduct unbecoming a public employee, [and] misconduct ... section 110.227 . . . necessity, operates retrospectively in assessing objectionable employee conduct, for pursuant to section 110.227 . . .

M. BRAY K. v. MARSHALL,, 407 So. 2d 985 (Fla. Dist. Ct. App. 1981)

. . . .-227, 110.305(7) and 110.227. . . .

SCHERER, v. DAVIS, J., 543 F. Supp. 4 (N.D. Fla. 1981)

. . . During that same session, the legislature enacted section 110.227(5)(a) of the Florida Statutes which . . .

NUTE, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT,, 397 So. 2d 1222 (Fla. Dist. Ct. App. 1981)

. . . Pursuant to § 110.227, Florida Statutes, suspensions, dismissals, reductions in pay, demotions, lay-offs . . . provides that, “Employees of the Department of Law Enforcement shall be subject to the provisions of § 110.227 . . . The obvious legislative intent in exempting FDLE employees from the provisions of § 110.227, in matters . . .

HADLEY, v. DEPARTMENT OF ADMINISTRATION, CAREER SERVICE COMMISSION,, 392 So. 2d 1023 (Fla. Dist. Ct. App. 1981)

. . . Section 110.227(4), Florida Statutes (1979). . . .

BAXTER, v. FLORIDA CAREER SERVICE COMMISSION, 380 So. 2d 1044 (Fla. Dist. Ct. App. 1980)

. . . Now, Florida Statutes, § 110.227 (1979). . . .