Division of Administrative Hearings, Florida
Filed: May 23, 2005
The issues presented are whether Respondent properly terminated Petitioner from his employment as a deputy sheriff for alleged insubordination in violation of Chapter 89-404, Section 8, Laws of Florida, as amended by Chapter 90-395, Section 8, Laws of Florida (the Civil Service Act) and Respondent's General Order Section 3-1.1, Rule and Regulation 5.17(a), and, if not, whether Respondent should reinstate Petitioner to his former position with back pay, benefits, and seniority.Termination of employment for insubordination was improper in the case in which a direct order was not in evidence, which showed that Petitioner reasonably understood the statement of his superior to be advice rather than an order.