The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Moreover, even assuming the FDOC deprived Plaintiff of a constitutionally protected property interest, she still cannot state a procedural due process claim unless she can allege facts sufficient to show that she was terminated through a constitutionally inadequate process. Plaintiff makes no such allegations; instead, she alleges simply that "[she] was terminated from [her] employment." ECF Doc. 5 at 12. Indeed, it appears Plaintiff received notice of her termination and had an opportunity to file a grievance. Id. at 14; see also Fla. Stat. § 110.227 (identifying procedures for termination of career service employees).
Plaintiff alleges defendants terminated him in violation of Florida law. Plaintiff, however, cannot bring an independent state-law claim based on the FDOC's failure to follow the provisions of § 110.227(5)(a). "Section 110.227 establishes no private right of action. Instead, state employees who believe that the state failed to follow the procedure in Section 110.227 must appeal to the Public Employees Relations Commission." Graham v. Sarasota Cty. Sheriff's Office, No. 8:12cv635-T-23MAP, 2013 WL 1748052 at *3 (M.D. Fla. Apr. 23, 2013) (citing Fla. Stat. § 110.227(5)(a)); accord King v. Florida, 650 F. Supp. 2d 1157, 1166 (N.D. Fla. 2009) (noting Fla. Stat. § 110.227 does not create a private cause of action and "employees who believe that the procedures in this statute have not been followed properly are directed to file an appeal with PERC"). In sum, plaintiff has failed to state a viable claim based on his termination as an employee of the FDOC.
Chapter 120 applies to proceedings under section 110.227(5), Florida Statutes, including judicial review of such administrative action. §§ 110.227(6)(a), 447.504, Fla. Stat. (2015).
Pursuant to Section 110.227, Florida Statutes (2012), PERC has jurisdiction to hear appeals filed by permanent status career service employees.
Florida law provides that a career service employee, such as plaintiff, may appeal an extraordinary termination to PERC. Fla. Stat. § 110.227( 5)(b). If an employee appeals, PERC is required to conduct a hearing within 60 calendar days following the filing of a notice of appeal in order to determine if the agency's action was supported by cause. Fla. Stat. § 110.227( 6). "If the commission [PERC] 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." Fla. Stat. § 110.227( 6)(c). Florida law further provides that final orders issued by PERC may be reviewed by a district court of appeals. Fla. Stat. § 110.227( 6)(3); Fla. Stat. § 447.504. In this matter, plaintiff filed a timely notice of appeal with PERC, a full evidentiary hearing was conducted, and plaintiff was reinstated with back pay, but only through the date of his retirement. (Doc. #27, ¶¶ 28-42.) Florida law also provided plaintiff with the opportunity to appeal the employment termination decision to a district court of appeals, which, in this circuit, qualifies as…
Pursuant to Section 110.227, Florida Statutes (2012), PERC has jurisdiction to hear appeals filed by permanent status career service employees.
Defendant contends that plaintiff was notified of her termination on March 7, 2011; thus, the alleged adverse employment activity occurred before the filling of the grievance on April 18, 2011. In response, plaintiff asserts that the termination was not finalized until the requirements of Fla. Stat. § 110.227(5)(a) were satisfied and she received notice of her actual termination. The statute provides that:
At the evidentiary hearing concerning Moyer's dismissal, Robertson testified that he never told Moyer that he was facing disciplinary action or that he was under investigation for any wrongdoing. Further, there is no indication that Moyer knew that his conversation with Robertson was his opportunity to rebut the charges levelled against him. Considering that Moyer did not know he was facing charges, it is unclear how he could have known that his telephone call with Robertson was his statutorily required rebuttal opportunity. Thus, the Moyer–Robertson conversation cannot qualify as the notice contemplated by section 110.227(5)(b). Moreover, the Department presented no other evidence that it complied with the extraordinary situation procedure before it took action against Moyer. Therefore, we reverse with instructions that Moyer be awarded ten days' back pay. See Hooker v. Dep't Mgmt. Servs., 27 FCSR 171, 173 (PERC 2012) (remanding for award of ten days' back pay where agency failed to properly implement the extraordinary dismissal procedures of section 110.227(5)(b)).
Under Florida Statute § 110.227(5)(b), a career service employee, such as plaintiff, may be suspended or dismissed in extraordinary situations "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." The statute further provides that "[a]gency compliance with the foregoing procedure requiring notice, evidence, and an opportunity for rebuttal must be substantiated." Id.
Chapter 110, Florida Statutes, titled "State Employment," governs employees of the State of Florida, not appointees of the sheriff, a "County Officer" elected "by the electors of [the] county." Fla. Const. art. VIII, § 1(c); Pirez v. Brescher, 584 So. 2d 993, 995 (Fla. 1991). But even if protecting Sergeant Graham's employment, Section 110.227 establishes no private right of action. Instead, state employees who believe that the state failed to follow the procedure in Section 110.227 must appeal to the Public Employees Relations Commission. Fla. Stat. § 110.227(5)(a); King v. Florida, 650 F. Supp. 2d 1157, 1166 (N.D. Fla. 2009) (Mickle, J.).
. . . 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 . . .
. . . . §§ 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 . . .
. . . . § 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . Plaintiff claims that Florida Statutes § 110.227 imposes a duty upon DEP to ensure that employees are . . . Stat. § 110.227(5)(a). . . .
. . . (codified at § 110.227(6)(c), Fla. Stat. (2001)) (italicized emphasis added). . . .
. . . . § 110.227(1), (2), (5), but makes no explicit argument on appeal regarding the district court’s findings . . .
. . . Among other things, such employees may be suspended or discharged only for cause, section 110.227, Florida . . .
. . . 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 . . .
. . . In dismissing the appeal, PERC explained it was authorized by section 110.227(5)(a), Florida Statutes . . .
. . . last offer also suggests the parties adopt the employing agency’s layoff transition plan and section 110.227 . . .
. . . Pursuant to § 110.227(5), Whiting had 14 calendar days from the date he received the notice to file his . . .
. . . PERC’s construction of sections 447.207(8) and 110.227(5)(a), Florida Statutes (2001), as precluding . . .
. . . that the Department should not have invoked the expedited dismissal procedure set forth in paragraph 110.227 . . .
. . . Section 110.227(1), Florida Statutes states that “[e]ach agency head shall ensure that all employees . . .
. . . Under section 110.227(1), Florida Statutes (1995), an employee who has permanent status in the career . . .
. . . .” § 110.227(1), Fla. Stat. (1995). See generally State, Dep’t of Gen. Servs. v. . . .
. . . 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 . . .
. . . 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 . . .
. . . Section 110.227(1), Fla.Stat. (1989). . . .
. . . See, e.g., § 110.227, Fla.Stat. (1989); Fla.Admin.Code Rule 22A-7.010(7). . . .
. . . .” § 110.227(1), Fla.Stat. (1987). . . .
. . . See section 110.227(1), Florida Statutes. . . .
. . . 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. . . .
. . . 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. . . .
. . . (Supp.1986); § 110.227(1), Fla.Stat. (1985); Fla.Admin.Code Rules 15-3.001, 22 A-7.010(7)(b); cf. . . .
. . . of DOC’s proposed disciplinary action within ten days before his dismissal, as required by Section 110.227 . . .
. . . 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 . . .
. . . 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 . . .
. . . Section 110.227(1), Florida Statutes (1983). . . .
. . . . § 110.227(1), Fla. Stat. (1981). . . . The Department, therefore, had just cause to dismiss him from that position, § 110.227, and the Commission . . .
. . . letter advising Tucker of the charges against him did not meet the due process requirements of Section 110.227 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . .-227, 110.305(7) and 110.227. . . .
. . . During that same session, the legislature enacted section 110.227(5)(a) of the Florida Statutes which . . .
. . . 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 . . .
. . . Section 110.227(4), Florida Statutes (1979). . . .
. . . Now, Florida Statutes, § 110.227 (1979). . . .