CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1990 WL 7533
...ation hearings. Cook v. Div. of Personnel, Dep't of Admin.,
356 So.2d 356 (Fla. 1st DCA 1978). The current statutes authorizing this regulation, however, only allow the DOA to retain jurisdiction in cases where the "separation" is not a "dismissal." Section
110.217(6), Florida Statutes (1987), gives DOA authority to create regulations governing separation....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1993 WL 128848
...(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. Such rules shall be approved by the Administration Commission prior to their adoption by the department. Further, section 110.217(6), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 38 I.E.R. Cas. (BNA) 700, 2014 Fla. App. LEXIS 8115, 2014 WL 2199805
...ion to hear Delong’s appeal of his termination. Specifically, FWC asserted that Delong became a “new employee” of FWC on July 1, 2012 (i.e., the effective date of the transfer outlined in House Bill 1383), and, pursuant to sections
110.213 and
110.217, Florida Statutes, Delong was required to complete at least one year of probationary employment with FWC in order for PERC to have jurisdiction to hear Delong’s appeal....
...nge their dismissal from employment. §§
110.227(5)(a);
447.207(8), Fla. Stat (2012). An employee who has not attained permanent status serves at the pleasure of the agency head, and that employee may be dismissed at the agency head’s discretion. §
110.217(2) Fla. Stat. An employee on probationary status attains permanent status upon successful completion of at least a one-year probationary period in his or her current position. §
110.217(2) Fla....
...Delong, however, argues that PERC’s application of this rule to his situation effectively deprives him of a vested property right, to wit: his status as a permanent employee, which was earned while Delong was employed by DEP. We disagree. 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....
...Since Delong was transferred from the DEP to the FWC on July 1, 2012, Delong plainly had not successfully completed one year at his position with FWC when he was dismissed from FWC in May 2013. Hence, PERC lacks jurisdiction to hear Delong’s appeal because Delong was a probationary FWC employee, not a permanent one. § 110.217(2) Fla. Stat. 7 The dissent suggests that this Court should effectively nullify the subject rule, disregard Section 110.217(1), Florida Statutes, requiring DMS to promulgate uniform rules related to employment status, and essentially require state agencies to follow a court-imposed rule of statutory construction for transfer statutes, such as HB 1381....
...oyees. . Pursuant to Section
110.227, Florida Statutes (2012), PERC has jurisdiction to hear appeals filed by permanent status career service employees. .Rule 60L-33.003 was promulgated by Florida's Division of Management Services which, pursuant to Section
110.217(1), Florida Statutes, is directed to promulgate uniform administrative rules governing, inter alia, state agency employee employment status....
...y virtue of such statutes, are plainly within PERC's substantive jurisdiction; therefore we review the order on appeal — which necessarily involved PERC’s interpretation of these statutes and rules — using the "clearly erroneous” standard. . Section 110.217(1) reads in its entirety as follows: “(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.” (emphasis added) . This rule is consistent with the expression of legislative intent manifested in the plain language of Section 110.217(2), Florida Statutes, requiring employees to complete at least one year in their current position before attaining permanent status. We cannot conclude that the statutory construction of Section 110.217(2) manifested in the rule is clearly erroneous....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1825, 1988 Fla. App. LEXIS 3600, 1988 WL 80106
...Commission with jurisdiction to hear appeals in six types of actions against employees. These were (1) suspensions, (2) reductions in pay, (3) transfers, (4) layoffs, (5) demotions, and (6) dismissals. See § 110.305(3), Fla.Stat. (1985). 1 However, Section 110.217(6), (7), Florida Statutes (1985), gave the Department responsibility for making rules regarding, inter alia, separation from the career service....
...In July 1986, the Public Employees Relations Commission (PERC) assumed the Career Service Commission’s jurisdiction in this area. See Ch. 86-163, Laws of Fla., §
447.201, Fla.Stat. (1987), et seq. Although jurisdiction was transferred, the change did not otherwise alter the law applicable to this case. . Section
110.217(6), (7), Florida Statutes, was the statutory authority for this rule.
