DEPARTMENT OF NATURAL RESOURCES, APPELLANT,
v.
JOHN D. EDRINGTON, APPELLEE

Fla. 1st DCA | 1981-03-10
No. WW-111
McCORD, SHIVERS and JOANOS, JJ., concur.
395 So. 2d 577 Florida District Court of Appeal, First District (1981) Positive Treatment
Cited by 6 cases

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Synopsis

The Department of Natural Resources appealed the reinstatement of an employee by the Career Service Commission following his dismissal. The court affirmed, holding that the Commission's de novo fact-finding authority and conclusive findings are reviewable only for competent substantial evidence support, not for weight of evidence substitution.


Holding

The Commission's reinstatement order is affirmed. The Commission's finding that just cause did not exist for dismissal is conclusive on the agency if supported by competent substantial evidence in the record. The appellate court cannot substitute its judgment for the Commission's on the weight of evidence regarding disputed facts.


Headnotes

[1] A Career Service Commission's order reinstating an employee dismissed by an agency is reviewed to determine if there is competent substantial evidence to support the Comm…

[2] A permanent employee in the State Career Service system suspended or dismissed by an agency is entitled to a de novo fact-finding hearing conducted by the Career Service…

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Key Quotes

“A permanent employee in the State Career Service system who is suspended or dismissed by an agency or officer shall be entitled to a de novo fact-finding hearing.”

Establishes the employee's right to a de novo hearing before the Commission, not merely a review of the agency's decision.

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Facts & Procedural History

John D. Edrington was dismissed from his position on November 15, 1979. The Career Service Commission held a de novo fact-finding hearing and determin…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The Department of Natural Resources appeals an order of the Career Service Commission (Commission) which reinstated appellee to a position from which he had been dismissed November 15, 1979. We must affirm.

First, the basis for reviewing the Commission’s order is whether there is competent substantial evidence to support the order of the Commission. Section 110.309, Florida Statutes (1979) provides in pertinent part:

(1) A permanent employee in the State Career Service system who is suspended or dismissed by an agency or officer shall be entitled to a de novo fact-finding hearing. Such hearing shall be conducted by the commission itself, unless otherwise provided for by law.

(3) Upon a finding that just cause did not exist for the suspension or dismissal, the commission may order the reinstatement of the employee, with or without back pay.

(4) Upon a finding that just cause for disciplinary action existed, but did not justify the severity of the action taken, the commission may, in its discretion:

(a) Reduce a dismissal to a suspension for such time as the commission may fix; or (b) Reduce the period of a suspension.

(5) Any order of the commission issued pursuant to subsection (3) or subsection (4) shall be conclusive on the agency or officer concerned .... [Emphasis added.1]

Section 110.305(7) provides for review of Commission orders as follows:

Decisions issued by the commission pursuant to this part shall be final agency action which shall be reviewable pursuant to chapter 120.

In turn, Section 120.68(10) provides:

If the agency’s action depends on any fact found by the agency in a proceeding meeting the requirements of s. 120.57 of the act, the court shall not substitute its judgment for that of the agency as to the weight of the evidence on any disputed finding of fact. The court shall, however, set aside agency action or remand the case to the agency if it finds that the agency’s action depends on any finding of fact that is not supported by competent substantial evidence in the record.

Prior to the statutory changes in Chapter 110 it is clear that the standard of review was whether there was competent substantial evidence to support the Commission’s order, given that the role of the Commission was to determine if there was competent substantial evidence to support the agency’s action in dismissing an employee. See Florida Dept. of Offender Rehabilitation v. Dunlap, 344 So. 2d 608, 611 (Fla. 1st DCA 1977) and cases cited therein. Now Chapter 110, quoted above, makes it clear that the Commission does not perform primarily a review function. Rather it “reviews” a dismissal in the broad sense that the legislature authorizes it to conduct a de novo fact-finding hearing. Accordingly, it is not required to uphold the agency’s dismissal though there may be competent substantial evidence supporting such action. The Commission, as the initial and sole trier of the facts, may judge credibility of witnesses, draw inferences from the evidence, and weigh the evidence. If the findings of fact in this regard support a determination that just cause did not exist for dismissal, then this finding is conclusive on the agency concerned if it is supported by competent substantial evidence in the record.

It is unnecessary to detail the factual issues presented in this case. In short, in light of the foregoing, we must affirm the Commission’s decision on all counts because the Commission’s finding that just cause did not exist is supported by competent substantial evidence. The other procedural points raised are without merit.

AFFIRMED.

McCORD, SHIVERS and JOANOS, JJ., concur. . Former Section 110.061, Florida Statutes (1975) provided merely that the Commission shall make its finding and decision after hearing the appeal.


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Citator

Cited By

  • Dep't of Health & Rehabilitative Servs. v. Hankerson, 404 So. 2d 149 (Fla. 1st DCA 1981)
    …f Health and Rehabilitative Services, 390 So. 2d 181 (Fla. 2d DCA 1980). Under the applicable statute, Section 110.309, Florida Statutes (1979), the Career Service Commission conducts a de novo hearing. Department of Natural Resources v. Edrington, 395 So. 2d 577 (Fla. 1st DCA 1981). The Commission has several alternative courses which it may follow with regard to disciplinary action taken by an agency, each based upon a determination of just cause: 110.309 Procedure with respect to suspensions and dismissa…
  • Dep't of Health & Rehabilitative Servs. v. Hankerson, 423 So. 2d 448 (Fla. 1st DCA 1982)
    …n. In a § 110.309 de-novo hearing the Commission, sitting “as the initial and sole trier of the facts, may judge credibility of witnesses, draw inferences from the evidence, and weigh the evidence.” See Department of Natural Resources v. Edrington, 395 So. 2d 577 (Fla. 1st DCA 1981). The burden of proof is upon the agency, see Florida Department of Health and Rehabilitative Services v. Career Service Commission, 289 So. 2d 412 (Fla. 4th DCA 1974), and this court’s task on appeal is merely to determine whethe…
  • Dep't of Health & Rehabilitative Servs. v. Johns, 499 So. 2d 18 (Fla. 1st DCA 1986)
    …PER CURIAM. AFFIRMED. Department of Natural Resources v. Edrington, 395 So. 2d 577 (Fla. 1st DCA 1981). SMITH, THOMPSON and WIGGINTON, JJ., concur.…

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