Subject:
Title
Approval, Re: Changes to Merit System Policy XII (Disciplinary Actions Policy) and BCC-05 (Zero Tolerance of Workplace Violence)
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Fiscal Impact:
None
Dept/Office:
Office of Human Resources
Requested Action:
Recommendation
It is requested that the Board of County Commissioners approve changes to Merit System Policy XII (Disciplinary Actions Policy) and BCC-05 (Zero Tolerance of Workplace Violence) to reflect a change in the law regarding weapons/firearms as reflected in the attachments.
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Summary Explanation and Background:
On September 10, 2025, the First District Court of Appeal issued its opinion in McDaniels v. State, 1D2023-0533 (Fla. 1st DCA 2025), which held that Florida’s Open Carry Ban (Florida Statute §790.053) was unconstitutional; thereby making the open carry of firearms lawful for qualified individuals.
Notwithstanding the ability to open carry, Section 790.10, Florida Statutes, still prohibits the improper exhibition of a dangerous weapon or firearm. Should a person having or carrying a weapon or firearm openly exhibit it in a rude, careless, angry or threatening manner, not in necessary self-defense, the person may be guilty of a first-degree misdemeanor.
In response to the ruling, staff has consulted with the Brevard County Sherriff’s Office and continues to review current County policies, procedures and other materials. Proposed changes to BCC-05 and Merit System Policy XII are attached. These changes are intended to:
• Ensure that the County complies with both Florida and Federal law;
• Ensure employees are entitled to their rights under the law; and
• Require an expectation of responsibility, safety and respect that seeks to ensure the safety of all officials and employees of the Brevard County Board of County Commissioners.
Clerk to the Board Instructions:
Please provide a copy of the Clerk’s Memo to Human Resources.