Moyer v. Florida Department of Transportation

Paul C. Moyer, appellant, seeks review of the Public Employee Relations Commission’s (the Commission) order upholding his dismissal from the employ of the Florida Department of Transportation (the Department). We find no error in Moyer’s dismissal for conduct unbecoming a public employee, in violation of Rule 60L-36.005(3)(f), Florida Administrative Code (2012). However, we conclude that the Department failed to comply with the pre-dismissal notice requirements provided by statute, and reverse and remand on that basis.

Florida law provides:

In extraordinary situations such as when the retention…