CopyCited 18 times | Published | Florida 1st District Court of Appeal
...not lawfully disturb; DOA rules may not lawfully displace Career Service standards for discharge on grounds of "insubordination, willful violation of the provisions of law or agency rules, conduct unbecoming a public employee, [and] misconduct ...," section 110.227(1); and DOA rules may not lawfully supplant Commission authority to reduce an agency dismissal to a suspension if the Commission thinks the infraction "did not justify the severity of the action taken" by the employing agency....
...Should the critical review process, examining the employee's candidacy in light of his other state duties, take place before or after the employee has become a candidate? The Career Service Commission, by design and necessity, operates retrospectively in assessing objectionable employee conduct, for pursuant to section 110.227(5)(a), Florida Statutes (1979), it reviews agency disciplinary action by such standards as *858 negligence, inefficiency or inability to perform assigned duties, insubordination, willful violation of the provisions of law or agency rules, conduct unbecoming a public employee, misconduct, habitual drug abuse, or conviction of any crime involving moral turpitude. Section 110.227(1), Fla....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1997 WL 352904
...t. (1995). She met this burden by showing that domestic violence caused her absences. That the Department of Corrections had a legal right to discharge Ms. Gilbert is not in dispute: She had not yet attained "permanent status in the career service." § 110.227(1), Fla....
CopyCited 12 times | Published | Florida 1st District Court of Appeal
...leaving after approximately one-half hour. It was also alleged that on July 25, English came to work late without excuse, and on July 26 he returned from lunch with the smell of alcohol on his breath. Following a disciplinary proceeding pursuant to section 110.227, Florida Statutes (1985), English was dismissed for "problem drinking or alcoholism after treatment proved unsuccessful." A grievance proceeding ensued, but the dismissal was affirmed....
...DGS also contends that for purposes of unemployment compensation, the qualifying phrase "but not limited to" in the §
443.036(24) definition of misconduct effectively adopts the definition of misconduct used in the career service system, even in the absence of specific reference to §
110.227. We disagree. Section
110.227 provides that a career service employee may be dismissed or suspended for cause....
CopyCited 9 times | Published | District Court, N.D. Florida
...Moreover, there must be a controversy at the time the court acts. Id. ; see also Socialist Labor Party v. Gilligan,
406 U.S. 583,
92 S.Ct. 1716,
32 L.Ed.2d 317 (1972). The legislature repealed section 110.061 of the Florida Statutes in 1979. During that same session, the legislature *21 enacted section
110.227(5)(a) of the Florida Statutes which provides for constitutionally sufficient pre-termination procedures....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2498, 1987 Fla. App. LEXIS 10801
...viously submitted, and raising for the first time an issue not earlier brought to the attention of the Commission, alleging that Provin did not receive notice of DOC's proposed disciplinary action within ten days before his dismissal, as required by Section 110.227(5), Florida Statutes, and Florida Administrative Code Rule 22A-10.0042....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1990 WL 7533
...iency or inability to perform assigned duties, insubordination, willful violation of the provisions of law or agency rules, conduct unbecoming a public employee, misconduct, habitual drug abuse, or conviction of any crime involving moral turpitude." § 110.227(1), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 10867, 2003 WL 21672745
...However, FDLE filed a motion to dismiss the appeal as untimely. The basis for this motion was that Whiting was served with the notice by *1151 certified mail, return receipt requested on March 20, 2002, [1] and was personally served with another notice the next day, March 21, 2002. Pursuant to § 110.227(5), Whiting had 14 calendar days from the date he received the notice to file his appeal....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1998 WL 316555
...Douglas,
644 So.2d 1368, 1372 (Fla. 5th DCA 1994). "A statute which allows a demotion or dismissal only on the basis of `cause' creates a constitutionally protected interest in public employment." Johnson v. Beary,
665 So.2d 334, 335 (Fla. 5th DCA 1995). Under section
110.227(1), Florida Statutes (1995), an employee who has permanent status in the career service may only be suspended or dismissed for cause....
CopyCited 2 times | Published | District Court, N.D. Florida | 2009 U.S. Dist. LEXIS 57983, 2009 WL 1928194
...In determining whether a statutory cause of action is created by a statute that does not express a provision imposing civil liability, legislative intent guides the courts' determination. See Horowitz v. Plantation General Hospital Ltd. Partnership,
959 So.2d 176, 181 (Fla.2007). Plaintiff claims that Florida Statutes §
110.227 imposes a duty upon DEP to ensure that employees are only terminated for cause....
...stion of whether a breach of that duty would give rise to civil liability.") (citations omitted). Instead, employees who believe that the procedures in this statute have not been followed properly are directed to file an appeal with PERC. Fla. Stat. § 110.227(5)(a)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 11367, 2007 WL 2089266
...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. Id. (codified at § 110.227(6)(c), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 162722
...been repealed by the "Service First" legislation, Chapter 2001-43, Laws of Florida. That legislation required the repeal of the career service rules, and, in particular, mandated the deletion of any layoff rule containing a "bumping" provision. See § 110.227(2), Florida Statutes (2001)....
...ble, performed or enforced. Chapter 60K-17, Florida Administrative Code, which formerly governed workforce reduction, contained a "bumping" provision in Rule 60K-17.004(3)(g). However, when the 2001 Legislature enacted the Service First legislation, section 110.227(2) was amended to read: The department shall establish rules and procedures for the suspension, reduction in pay, transfer, layoff, demotion and dismissal of employees in the career service....
...After that litigation culminated in this court's opinion in Florida Public Employees Council 79, AFSCME v. Bush,
860 So.2d 992 (Fla. 1st DCA 2003), the grievance was rescheduled for arbitration. Thereafter, the state refused to arbitrate taking the position "that DOT laid off the toll collector employees in accordance with Section
110.227(2), Florida Statutes, which became effective on May 14, 2001 and superceded Rule 60K-17, F.A.C....
...PERC's general counsel reviewed the charge pursuant to section
447.503(2) and rule 60CC-5.002. The general counsel accepted the reasoning of the state that Article 8, by requiring adherence to former Chapter 60K-17 and allowing "bumping" rights, was in contravention of section
110.227(2)....
...In the order under review, PERC adopted the rationale of the general counsel for dismissing the case, stating as follows: The Service First legislation enacted in 2001 repealed the State's personnel rules, including its layoff rule. As part of that legislation, section 110.227(2), Florida Statutes (2001), prohibited replacing the layoff rule with one that included bumping rights for career service employees other than law enforcement or correctional officers, firefighters, or professional health care providers....
...ause we would have been justified in deciding the issue differently were it before us in the first instance. *681 Therefore, the state urges this court to affirm PERC's decision that the layoff action in this case was administered in accordance with section 110.227(2), which became effective on May 14, 2001 and superseded Chapter 60K-17, because it is not clearly erroneous....
...Article 8 of the parties' CBA expressly requires layoffs to be implemented pursuant to the provisions of Chapter 60K-17. Chapter 60K-17, containing the disputed layoff rule, was repealed by section 42, Chapter 2001-43, Laws of Florida, effective January 1, 2002. The state argues that the effect of the amendment to section 110.227(2) was to immediately repeal the bumping rule, effective May 14, 2001. 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 with one that included bumping rights for Career Service employees ..." Section 110.227(2) contemplated that the state's bumping rule would be replaced by a new rule that considered comparative merit, demonstrated skills, and the employee's experience....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1993 WL 128848
...Department of Transportation,
564 So.2d 216 (Fla. 4th DCA 1990). The issue of abandonment was discussed in some depth in Tomlinson. As the second district court observed, the underlying statutes do not discuss abandonment or a presumption of separation.
558 So.2d at 66. For example, section
110.227(1) and (2), Florida Statutes (1989), provide: (1) Any employee who has permanent status in the career service may only be suspended or dismissed for cause....
...We question the treatment of an involuntary separation from career service employment as a formal resignation, rather than as a dismissal. Such construction effectively circumvents the statutory provision that an employee having "permanent status in the career service may only be suspended or dismissed for cause." Section 110.227(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1999 WL 821070
...1st DCA 1997) (holding that disciplinary standards defining sexual harassment in the workplace are internal management memoranda and not rules). We are also persuaded by a point made in the amicus briefs by the Attorney General and the Department of Management Services. Section 110.227(1), Florida Statutes states that "[e]ach agency head shall ensure that all employees of the agency are completely familiar with the agency's established procedures on disciplinary actions and grievances"; yet there is no accompanying...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 31 I.E.R. Cas. (BNA) 1009, 2010 Fla. App. LEXIS 18677, 2010 WL 4829816
...In pertinent part, it provides that "[t]he [C]ommission or its designated agent shall hear appeals arising out of any suspension, reduction in pay, demotion, or dismissal of any permanent employee in the State Career Service System in the manner provided in s. 110-227." §
447.207(8), Fla. Stat. (2009). Section
110.227(6)(c) defines the scope of the Commission's review in a career service appeal. Based on this provision, the Commission is to determine whether cause existed for the employee's discipline or dismissal. See §
110.227(6)(c), Fla....
...t a showing that the employee was prejudiced in defending himself in a subsequent de novo career service appeal before the Commission." Id. The Commission's interpretation of its role is consistent with the statutory mandates of sections
447.207 and
110.227. Section
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 agency's action and that it may, in some circumstances, reduce the penalty imposed by the agency head. Section
110.227 does not indicate that a career service appeal is a plenary review of agency action....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2336, 1988 Fla. App. LEXIS 4580
Following a disciplinary proceeding pursuant to section
110.227, Florida Statutes (1985), English was dismissed
CopyPublished | District Court of Appeal of Florida | 14 Educ. L. Rep. 606, 1983 Fla. App. LEXIS 23572
did not meet the due process requirements of Section
110.227(5)(a), Florida Statutes (1981); Rule 22A-10
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19743
Service unless specifically exempted. Pursuant to §
110.227, Florida Statutes, suspensions, dismissals, reductions
CopyPublished | Florida 2nd District Court of Appeal | 1997 Fla. App. LEXIS 7244
attained “permanent status in the career service.” §
110.227(1), Fla. Stat. (1995). See generally State, Dep’t
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18751
that to constitute valid notice required by section 110.-227(4), Florida Statutes,1 sufficient postage
CopyPublished | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 864, 1988 Fla. App. LEXIS 1313, 1988 WL 28299
...(1985); see Kuhn v. State,
439 So.2d 291, 293 (Fla. 3d DCA 1983); Wale v. State,
397 So.2d 738, 740 (Fla. 4th DCA 1981); (b) this finding was a sufficient basis for FDHSP to terminate Lavery's employment as a trooper, §
447.208(3)(a), Fla. Stat. (Supp. 1986); §
110.227(1), Fla....
CopyPublished | District Court of Appeal of Florida
Court of Appeal.” . Now, Florida Statutes, §
110.227 (1979).
