IN THE CIRCUIT COURT IN AND FOR THE THIRTEENTH JUDICIAL CIRCUIT

HILLSBOROUGH COUNTY, STATE OF FLORIDA

Plaintiffs

V.

and

Defendants

COMPLAINT

Plaintiffs, TELLY SANDS, ALAN MONES, TERRY RHODES AND TOM COLBERT,
personally, and on behalf of a certain class of SPECIAL AGENTS OF THE FLORIDA DEPT. OF LAW ENFORCEMENT, hereby file this Complaint for Damages, and other relief and would allege:

JURISDICTION

A. This court has jurisdiction in that the amount in controversy exceeds $15,000.00 AND because injunctive relief is sought.

B. Plaintiffs, are Special Agents of the Florida Department of Law Enforcement, residing and/or doing business for the agency in Hillsborough County, Florida. (Special Agents)

C. Defendants, Jeb Bush and the Florida Cabinet and James T. Moore are designated heads of the Florida Department of Law Enforcement, a Florida State Agency, with a central location in Hillsborough County, Florida. (FDLE).

D. Sharon Larson, as head of the Department of Management Services, a Florida State Agency, is responsible for the administration of personnel for the Florida Department of Law Enforcement throughout the state of Florida, including Hillsborough County, Florida. (DMS)

CLASS REPRESENTATION ALLEGATIONS

1. This action is maintainable as a "class action" pursuant to Florida Rule of Civil Procedure 1.220.

2. Separate claims would result in inconsistent or varying adjudications causing incompatible standards of conduct for any opposition to the class, and

3. Any adjudication of this matter could result in substantial impairment or impede the ability of all other members of the class who are not party, and

4. The Defendants have refused to act on grounds generally applicable to all members of the class so that relief concerning the class as a whole is entirely appropriate, and

5. The claims and defenses are questions of law and fact common to all members of the class as set out in "Facts Common to All Counts" and Counts I thru V.

6. There are approximately 300 potential members of the class, 100 of these already participating in this action.

FACTS COMMON TO ALL COUNTS

7. On or about July, 1984, the Legislature of the State of Florida and FDLE implemented a Ten Step Pay Plan for the Special Agents. Said plan called for Special Agents to be placed on Pay Grade 48, Step 1. Said plan was published and called for automatic increases to Special Agents upon their anniversary date of an amount equal to 5% their anniversary date salary. (A copy of the initial published plan is attached as Exhibit A and incorporated as if fully set out herein.)

8. The purpose and legislative intent of implementing the plan was to recruit and retain qualified, experienced, law enforcement to the position of Special Agent. Specifically, according to the then Commissioner of FDLE it was implemented in order to provide a maximum benefit to current Special Agents and create a "workable and attractive package for potential members." (Memo announcing the plan from Commissioner Dempsey dated August 24, 1984 is attached as Exhibit B and incorporated as if fully set out herein.).

9. DMS and FDLE were charged with instituting the plan and overseeing its implementation.

10. DMS is charged with developing the procedures and rules for career service personnel of the State of Florida and the Step Pay Plan and Classifications of Special Agents and with correcting the actions of FDLE regarding personnel pay and procedures.

11. Through specific targeted and intentional recruiting efforts FDLE sought out applicants for the position of Special Agents targeting and soliciting existing law enforcement throughout the State of Florida. A special recruiting committee and office was developed for this purpose, and recruiting materials and videos were used. At all times FDLE emphasized this plan to draw interest in employment as a Special Agent. This was done because FDLE's previous salary package was not comparable to other law enforcement in the state of Florida and it could not attract experienced law enforcement to conduct complex criminal investigations. At no time did FDLE inform Special Agents that any contingency existed to receiving this automatic step increase, despite the fact that Special Agents were specifically told that Cost of Living Increases were contingent on the Legislature.

12. Special Agents, reasonably relied on FDLE's word and did in fact terminate or forbear other employment. In doing so, many Special Agents took serious pay cuts or rejected offers of higher pay relying on the fact that this Step Pay Plan would allow them to catch up.

13. For the first four or five years the Step Pay Increases were given to Special Agents. At all times the Step Pay Plan was in effect and never discontinued by the Legislature. Only one year, 1991-1992 did the Legislature declare that the Step Pay Plan, which was still in effect, would have no increases that year due to budget restraints.

14. After the 1991-1992 budget, the next Step was partially given only during the budget year 1994-1995. Special Agents were told that it was the Legislatures fault for not funding the plan, but that the plan was still in existence and would be funded shortly.

15. Upon information and belief, Special Agents believe that the budgeting for the Step Plan was incorrectly applied for, categorized and/or utilized by FDLE and DMS. In addition, at all times alternative ways to pay for the next step of the plan were available to FDLE and DMS and that FDLE and DMS were negligent in not using them.

16. FDLE and DMS negligently continue to this day to lead applicants for Special Agents to believe that this Step Pay Plan is automatic and in effect. (See published Step Pay Plan effective January 1, 1999 attached as Exhibit C and incorporated as if fully set out herein.)

17. Special Agents salaries are approximately $10,000.00 below where they should be had FDLE and DMS abided by their promises. This sets Special Agents considerably lower than where they would have been had they not left their former employment or rejected alternative employment. Many Special Agents have had to retire on this demonstrably lower income, thereby affecting their rights in the State of Florida Retirement System.

COUNT I

UNCONSTITUTIONAL TAKING OF PROPERTY

THIS is an action to declare unconstitutional the taking of property of the Special Agents.

18. Special Agents reallege and reaffirm paragraphs 1-17 as if fully set out herein.

19. Special Agents have a property interest in their salaries and continued employment protected by the due process clause of the Florida Constitution at Article 1 s 6.

20. Special Agents are entitled to bargain for their employment pursuant to the Florida Constitution at Article 1 s 10.

21. Upon the Special Agents accepting the terms of employment as offered by FDLE and DMS, these agencies and the Florida Legislature conferred a property interest in these increases upon them.

22. This property has been deprived to the Special Agents without due process of law and depriving them of their right to bargain for employment.

23. These actions by FDLE and DMS are an invalid taking of the Special Agent's property.

Wherefore, the Special Agents respectfully request that this Honorable Court enter an order declaring the acts of FDLE and DMS unconstitutional, and order that the Special Agents be restored with the property that was wrongfully taken from them, for attorney fees and costs, and to grant any and all further relief the court deems appropriate.

COUNT 11

NEGLIGENT MISREPRESENTATION

THIS is an action for negligent misrepresentation by a government official, their agents and assigns:

24. Special Agents reaffirm and reallege paragraphs 1-17 as if fully set out herein.

25. In good faith and upon offering employment to Special Agents, FDLE and DMS did in fact supply incorrect information to them by failing to exercise reasonable care or competence in obtaining and communicating the information.

26. FDLE and DMS intended that this information would influence the decision of Special Agents to accept employment with FDLE. These acts of FDLE and DMS have been continuing since 1984 to date..

27. This information was justifiably relied on by Special Agents when accepting employment or continuing employment with FDLE.

28. Special Agents have suffered severe pecuniary loss as a result of these negligent misrepresentations.

WHEREFORE, Special Agents respectfully request that this Honorable Court enter an order placing the agents in the position they would be in had these negligent misrepresentations been

correct and further to enjoin FDLE and DMS from further same and similar acts, for attorney fees and costs and to grant any and all further relief that the court deems appropriate.

COUNT III

UNFAIR AND DECEPTIVE TRADE PRACTICES

THIS is an action alleging violations of F.S. 501.203, the Florida Unfair and Deceptive Trade Practices Act, also known as the "little FTC act." It is the intent of F.S. 501.203 to abide by the law and practice developed by the FTC.

29. Special Agents reallege and reaffirm paragraphs 1-17 as if fully set out herein.

30. Employee recruitment is a trade or practice in commerce regulated by the FTC. This includes those acts performed by a government agency or on its behalf.

31. Special Agents are "consumers" pursuant to Florida Law.

32. The representations and/or omissions regarding the Step Pay Plan to Special Agents was likely to mislead them and materially affect their decision to accept or continue employment with FDLE.

33. This practice of FDLE and DMS has had a detrimental material affect on Special Agents income, a "thing of value" pursuant to Florida law.

WHEREFORE, Special Agents respectfully request that this Honorable Court enter an order finding that the acts and practices of FDLE and DMS constitute a violation of F.S. 501.203 and award them statutory damages, attorney fees and costs, enjoin this continued unfair practice and grant any and all further relief as the court deems appropriate.

COUNT IV

BREACH OF CONTRACT AND PROMISSORY ESTOPPEL

This is an action for Breach of Contract and Promissory Estoppel.

34. Special Agents reallege and reaffirm paragraphs 1-17 as if fully set out herein.

35. Special Agents have a constitutional right to contract for their employment pursuant to Article 1 s 10 of the Florida Constitution.

36. Special Agents did in fact accept an offer made by FDLE and DMS for employment under the terms of the "Step Pay Plan" and encouraged to leave current employment or forego changes in employment.

37. Said offer was an affirmative, positive and intentional act from FDLE and DMS to secure and retain quality employees and was in writing for the continuing installments of pay referred to as the "Step Pay Plan". (See Exhibit A).

38. Said Special Agents did rely on the terms of employment as recited in said "Step Pay Plan."

39. Said Special Agents have performed all their obligations under the contract.

40. Said terms of employment have been ratified by FDLE and DMS.

41. Said terms of employment have not been fulfilled by FDLE and DMS without any compelling state interest and to the detriment of Special Agents.

42. The breach of the employment terms by FDLE and DMS have resulted in substantial damages to Special Agents.

43. Injustice can only be avoided by enforcement of the promised pay to Special Agents.

WHEREFORE, Special Agents respectfully request that this Honorable Court enter an order directing FDLE and DMS to cure the breach to Special Agents and enforce the promised pay, and to estop FDLE and DMS from defending responsibility for all amounts past due, to grant attorney fees and costs and grant any and all further relief that the court deems appropriate.

COUNT V

ACTION TO RECOVER PAST WAGES

THIS is an action to recover past wages made pursuant to F.S. 110.1165

44. Special Agents reallege and reaffirm paragraphs 1-17 as if fully set out herein.

45. Special Agents are entitled to the continuing pay as described in the "Step Pay Plan", a formal writing which describes their salary schedule.

46. Special Agents are permanent, career service employees who have guaranteed continuing employment and salaries absent special changes (i.e. position changes, etc.).

47. FDLE and DMS have failed to determine their salary pursuant to said plan, and within their budgeting authority.

48. Special Agents have relied on this "Step Pay Plan" to their detriment and FDLE and DMS are responsible to take appropriate action to remedy their claim of detrimental reliance.

49. FDLE and DMS have failed, after notice, to take any action to remedy Special Agent's claims.

50. Said failure is contrary to the law of Florida, and the rules and regulations administering Career Service Employees.

WHEREFORE, Special Agents respectfully request that this Honorable Court enter an order directing FDLE and DMS to cure the breach to Special Agents and enforce the promised pay, and to estop FDLE and DMS from defending responsibility for all amounts past due, to grant attorney fees and costs and grant any and all further relief that the court deems appropriate.

DEMAND FOR JURY TRIAL

PLAINTIFFS demand a trial by jury on all issues so triable.

WHEREFORE, Special Agents respectfully request that this Honorable Court enter an order granting Special Agents recovery of past wages, attorney fees and costs, and any and all further relief as the court deems appropriate.

Respectfully submitted,