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The 2024 Florida Statutes
(including 2025 Special Session C)
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F.S. 110.227110.227 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 110.227
Total Results: 36
424 So. 2d 852
District Court of Appeal of Florida | Filed: Dec 8, 1982 | Docket: 1297369
Cited 18 times | Published
a public employee, [and] misconduct ...," section 110.227(1); and DOA rules may not lawfully supplant
696 So. 2d 416, 1997 WL 352904
District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 1696227
Cited 13 times | Published
attained "permanent status in the career service." § 110.227(1), Fla. Stat. (1995). See generally State, Dep't
534 So. 2d 726
District Court of Appeal of Florida | Filed: Oct 14, 1988 | Docket: 1358922
Cited 12 times | Published
Following a disciplinary proceeding pursuant to section 110.227, Florida Statutes (1985), English was dismissed
543 F. Supp. 4
District Court, N.D. Florida | Filed: Jun 7, 1982 | Docket: 1024706
Cited 9 times | Published
same session, the legislature *21 enacted section 110.227(5)(a) of the Florida Statutes which provides
515 So. 2d 302, 12 Fla. L. Weekly 2498, 1987 Fla. App. LEXIS 10801
District Court of Appeal of Florida | Filed: Oct 28, 1987 | Docket: 1467489
Cited 5 times | Published
days before his dismissal, as required by Section 110.227(5), Florida Statutes, and Florida Administrative
558 So. 2d 62, 1990 WL 7533
District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 1404809
Cited 4 times | Published
conviction of any crime involving moral turpitude." § 110.227(1), Fla. Stat. (1987). Thus, it would seem that
849 So. 2d 1149, 2003 Fla. App. LEXIS 10867, 2003 WL 21672745
District Court of Appeal of Florida | Filed: Jul 18, 2003 | Docket: 447581
Cited 3 times | Published
notice the next day, March 21, 2002.
Pursuant to § 110.227(5), Whiting had 14 calendar days from the date
650 F. Supp. 2d 1157, 2009 U.S. Dist. LEXIS 57983, 2009 WL 1928194
District Court, N.D. Florida | Filed: Jun 15, 2009 | Docket: 2378896
Cited 2 times | Published
2007).
Plaintiff claims that Florida Statutes § 110.227 imposes a duty upon DEP to ensure that employees
961 So. 2d 1050, 2007 Fla. App. LEXIS 11367, 2007 WL 2089266
District Court of Appeal of Florida | Filed: Jul 24, 2007 | Docket: 1515779
Cited 2 times | Published
written findings of mitigation.
Id. (codified at § 110.227(6)(c), Fla. Stat. (2001)) (italicized emphasis
921 So. 2d 676, 2006 WL 162722
District Court of Appeal of Florida | Filed: Jan 24, 2006 | Docket: 1658238
Cited 2 times | Published
layoff rule containing a "bumping" provision. See § 110.227(2), Florida Statutes (2001). As a result, PERC
713 So. 2d 1040, 1998 WL 316555
District Court of Appeal of Florida | Filed: Jun 17, 1998 | Docket: 1732646
Cited 2 times | Published
So.2d 334, 335 (Fla. 5th DCA 1995). Under section 110.227(1), Florida Statutes (1995), an employee who
618 So. 2d 749, 1993 WL 128848
District Court of Appeal of Florida | Filed: Apr 27, 1993 | Docket: 1376371
Cited 2 times | Published
separation. 558 So.2d at 66. For example, section 110.227(1) and (2), Florida Statutes (1989), provide:
51 So. 3d 489, 31 I.E.R. Cas. (BNA) 1009, 2010 Fla. App. LEXIS 18677, 2010 WL 4829816
District Court of Appeal of Florida | Filed: Nov 30, 2010 | Docket: 2407832
Cited 1 times | Published
110-227.” § 447.207(8), Fla. Stat. (2009). Section 110.227(6)(e) defines the scope of the Commission’s
745 So. 2d 378, 1999 WL 821070
District Court of Appeal of Florida | Filed: Oct 12, 1999 | Docket: 1689279
Cited 1 times | Published
and the Department of Management Services. Section 110.227(1), Florida Statutes states that "[e]ach agency
191 So. 3d 965, 2016 Fla. App. LEXIS 7215, 2016 WL 2755849
District Court of Appeal of Florida | Filed: May 12, 2016 | Docket: 3063394
Published
extraordinary dismissal procedure set out in section 110.227(5)(b), Florida Statutes.
1
In accordance
145 So. 3d 123, 38 I.E.R. Cas. (BNA) 700, 2014 Fla. App. LEXIS 8115, 2014 WL 2199805
District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60242620
Published
career service employees.
. Pursuant to Section 110.227, Florida Statutes (2012), PERC has jurisdiction
130 So. 3d 283, 37 I.E.R. Cas. (BNA) 1084, 2014 WL 304915, 2014 Fla. App. LEXIS 1359
District Court of Appeal of Florida | Filed: Jan 29, 2014 | Docket: 60237709
Published
opportunity for rebuttal must be substantiated.
§ 110.227(5)(b), Fla. Stat. (2012) (emphasis added).
Moyer’s
63 So. 3d 788, 2011 Fla. App. LEXIS 5344, 2011 WL 1414039
District Court of Appeal of Florida | Filed: Apr 14, 2011 | Docket: 60301164
Published
CS-2009-181 (Fla. PERC Sept. 25, 2009), and section 110.227, Florida Statues (2009), PERC dismissed the
927 So. 2d 28, 179 L.R.R.M. (BNA) 2426, 2006 Fla. App. LEXIS 4323, 2006 WL 756081
District Court of Appeal of Florida | Filed: Mar 27, 2006 | Docket: 64844189
Published
be suspended or discharged only for cause, section 110.227, Florida Statutes (2001), and a statute that
908 So. 2d 1097, 2005 Fla. App. LEXIS 11035, 2005 WL 1681794
District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 64840006
Published
appeal, PERC explained it was authorized by section 110.227(5)(a), Florida Statutes, to consider the appeals
860 So. 2d 992, 2003 Fla. App. LEXIS 15704, 2003 WL 22399559
District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 64826725
Published
employing agency’s layoff transition plan and section 110.227, Florida Statutes, as the procedure for effecting
696 So. 2d 416, 1997 Fla. App. LEXIS 7244
District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 64774718
Published
attained “permanent status in the career service.” § 110.227(1), Fla. Stat. (1995). See generally State, Dep’t
654 So. 2d 594, 1995 Fla. App. LEXIS 4422, 1995 WL 238749
District Court of Appeal of Florida | Filed: Apr 26, 1995 | Docket: 64756090
Published
the agency prior to its taking such action.” Section 110.227(4), Florida Statutes (1993). “[A]n agency may
629 So. 2d 268, 1993 Fla. App. LEXIS 12350, 1993 WL 527427
District Court of Appeal of Florida | Filed: Dec 15, 1993 | Docket: 64745012
Published
the competitive area was drawn too narrowly. Section 110.227(3)(a), Florida Statutes (1991) describes the
580 So. 2d 886, 1991 Fla. App. LEXIS 5379, 1991 WL 98006
District Court of Appeal of Florida | Filed: Jun 11, 1991 | Docket: 64659294
Published
within the career service system. See, e.g., § 110.227, Fla.Stat. (1989); Fla.Admin.Code Rule 22A-7.010(7)
538 So. 2d 1280, 14 Fla. L. Weekly 310, 1989 Fla. App. LEXIS 496, 1989 WL 6459
District Court of Appeal of Florida | Filed: Feb 1, 1989 | Docket: 64640708
Published
or willful violation of agency rules. See section 110.227(1), Florida Statutes. By such rules DOC requires
534 So. 2d 726, 13 Fla. L. Weekly 2336, 1988 Fla. App. LEXIS 4580
District Court of Appeal of Florida | Filed: Oct 14, 1988 | Docket: 64638882
Published
Following a disciplinary proceeding pursuant to section 110.227, Florida Statutes (1985), English was dismissed
531 So. 2d 994, 13 Fla. L. Weekly 2157, 1988 Fla. App. LEXIS 4133, 1988 WL 94265
District Court of Appeal of Florida | Filed: Sep 15, 1988 | Docket: 64637366
Published
which was promulgated under the authority of section 110.227(2), Florida Statutes (1979).
When the legislature
523 So. 2d 696, 13 Fla. L. Weekly 864, 1988 Fla. App. LEXIS 1313, 1988 WL 28299
District Court of Appeal of Florida | Filed: Apr 5, 1988 | Docket: 1517218
Published
trooper, § 447.208(3)(a), Fla. Stat. (Supp. 1986); § 110.227(1), Fla. Stat. (1985); Fla. Admin. Code Rules
682 F. Supp. 1195, 1987 U.S. Dist. LEXIS 16739, 1987 WL 45179
District Court, S.D. Florida | Filed: Sep 16, 1987 | Docket: 66175155
Published
State of Florida Career Service System. Florida Statute 110.227(1) provides that a permanent status employee
451 So. 2d 1013, 1984 Fla. App. LEXIS 13908
District Court of Appeal of Florida | Filed: Jun 19, 1984 | Docket: 64605510
Published
includes inability to perform assigned duties. § 110.227(1), Fla. Stat. (1981). It was the function of
440 So. 2d 37, 14 Educ. L. Rep. 606, 1983 Fla. App. LEXIS 23572
District Court of Appeal of Florida | Filed: Nov 7, 1983 | Docket: 64600491
Published
did not meet the due process requirements of Section 110.227(5)(a), Florida Statutes (1981); Rule 22A-10
438 So. 2d 874, 1983 Fla. App. LEXIS 21634
District Court of Appeal of Florida | Filed: Sep 12, 1983 | Docket: 64599976
Published
did not meet the due process requirements of section 110.227(5)(a), Florida Statutes5 and Fla.Admin.Code
397 So. 2d 1222, 1981 Fla. App. LEXIS 19743
District Court of Appeal of Florida | Filed: May 12, 1981 | Docket: 64582468
Published
Service unless specifically exempted. Pursuant to § 110.227, Florida Statutes, suspensions, dismissals, reductions
392 So. 2d 1023, 1981 Fla. App. LEXIS 18751
District Court of Appeal of Florida | Filed: Jan 28, 1981 | Docket: 64579847
Published
that to constitute valid notice required by section 110.-227(4), Florida Statutes,1 sufficient postage
380 So. 2d 1044
District Court of Appeal of Florida | Filed: Apr 17, 1980 | Docket: 64574818
Published
Court of Appeal.”
. Now, Florida Statutes, § 110.227 (1979).
