Florida Senate - 2009                                     SB 384
       
       
       
       By Senator Ring
       
       
       
       
       32-00446-09                                            2009384__
    1                        A bill to be entitled                      
    2         An act relating to firefighters; amending s. 112.82,
    3         F.S.; requiring that all identifiable witnesses
    4         involved in a complaint against a firefighter be
    5         interviewed before the firefighter is interrogated;
    6         requiring that the complaint and all witness
    7         statements be provided to the firefighter; providing
    8         that a firefighter may not be subjected to offensive
    9         language, threatened with transfer, dismissal, or
   10         disciplinary action, or offered any incentive as an
   11         inducement to answer an interrogation question;
   12         creating s. 112.825, F.S.; providing that a
   13         firefighter may not be dismissed, demoted,
   14         transferred, reassigned, or otherwise subjected to an
   15         action that might result in the loss of pay or
   16         benefits unless the firefighter is first notified of
   17         the pending action; requiring that a complete copy of
   18         the investigative report prepared by, or in the
   19         possession of, the employing agency be given to the
   20         firefighter before discipline is imposed on the
   21         firefighter; providing an effective date.
   22         
   23  Be It Enacted by the Legislature of the State of Florida:
   24         
   25         Section 1. Section 112.82, Florida Statutes, is amended to
   26  read:
   27         112.82 Rights of firefighters; interrogations.—Whenever a
   28  firefighter is subjected to an interrogation, the such
   29  interrogation must shall be conducted pursuant to the terms of
   30  this section.
   31         (1) The interrogation shall take place at the facility to
   32  which where the investigating officer is assigned, or at the
   33  facility having which has jurisdiction over the place where the
   34  incident under investigation allegedly occurred, as designated
   35  by the investigating officer.
   36         (2) A No firefighter may not shall be subjected to
   37  interrogation without first receiving written notice of
   38  sufficient detail of the investigation in order to reasonably
   39  apprise the firefighter of the nature of the investigation. The
   40  firefighter shall be informed beforehand of the names of all
   41  complainants. All identifiable witnesses must be interviewed,
   42  whenever possible, before the beginning of the interrogation of
   43  the firefighter. The complaint and all witness statements must
   44  be provided to the firefighter who is the subject of the
   45  complaint before the beginning of any interrogation of that
   46  firefighter. A firefighter, after being informed of the right to
   47  review witness statements, may voluntarily waive the provisions
   48  of this section and provide a voluntary statement at any time.
   49         (3) All interrogations must shall be conducted at a
   50  reasonable time of day, preferably when the firefighter is on
   51  duty, unless the importance of the interrogation or
   52  investigation is of such a nature that immediate action is
   53  required.
   54         (4) The firefighter under investigation must shall be
   55  informed of the name, rank, and unit or command of the officer
   56  in charge of the investigation, the interrogators, and all
   57  persons present during any interrogation.
   58         (5) Interrogation sessions must shall be of reasonable
   59  duration and the firefighter shall be permitted reasonable
   60  periods for rest and personal necessities.
   61         (6) The firefighter being interrogated may shall not be
   62  subjected to offensive language; threatened with transfer,
   63  dismissal, or disciplinary action; or offered any incentive as
   64  an inducement to answer any questions.
   65         (7) A complete record of any interrogation must shall be
   66  made, and if a transcript of the such interrogation is made, the
   67  firefighter under investigation is shall be entitled to a copy
   68  without charge. The Such record may be electronically recorded.
   69  The firefighter under investigation is entitled to a copy of the
   70  complete record and a transcript of the interrogation, if one is
   71  made, no later than 72 hours after the completion of the
   72  interrogation, excluding legal holidays and weekends.
   73         (8) An employee or officer of an employing agency may
   74  represent the agency, and an employee organization may represent
   75  any member of a bargaining unit desiring such representation in
   76  any proceeding to which this part applies. If a collective
   77  bargaining agreement provides for the presence of a
   78  representative of the collective bargaining unit during
   79  investigations or interrogations, the such representative is
   80  shall be allowed to be present.
   81         (9) A No firefighter may not shall be discharged,
   82  disciplined, demoted, denied promotion or seniority,
   83  transferred, reassigned, or otherwise disciplined or
   84  discriminated against in regard to his or her employment, or be
   85  threatened with any such treatment as retaliation for or by
   86  reason solely of his or her exercise of any of the rights
   87  granted or protected by this part.
   88         Section 2. Section 112.825, Florida Statutes, is created to
   89  read:
   90         112.825Notice of disciplinary action.—
   91         (1)A firefighter may not be dismissed, demoted,
   92  transferred, reassigned, or otherwise subjected to an action
   93  that might result in the loss of pay or benefits or that might
   94  be considered a punitive measure unless the firefighter is first
   95  notified of the pending action and the reason or reasons for the
   96  action before the effective date of the action.
   97         (2)Whenever a firefighter is subject to disciplinary
   98  action consisting of suspension with loss of pay, demotion, or
   99  dismissal, he or she must be given a complete copy of the
  100  investigative report prepared by, or in the possession of, the
  101  employing agency before the discipline is imposed on the
  102  firefighter.
  103         Section 3. This act shall take effect July 1, 2009.