CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 02 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Pruitt and J. Miller offered the following:

12

13         Amendment (with title amendment) 

14         On page 12, between lines 27 and 28

15

16  insert:  Section 7.  Section 468.619, Florida Statutes, is

17  created to read:

18         468.619  Building code enforcement officials' bill of

19  rights.--

20         (1)  It is the finding of the Legislature that building

21  code enforcement officials are employed by local jurisdictions

22  to exercise police powers of the state in the course of their

23  duties and are in that way similar to law enforcement

24  personnel, correctional officers, and firefighters. It is the

25  further finding of the Legislature that building code

26  enforcement officials are thereby sufficiently distinguishable

27  from other professionals regulated by the department so that

28  their circumstances merit additional specific protections in

29  the course of disciplinary investigations and proceedings

30  against their licenses.

31         (2)  All enforcement officials licensed under this part

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    hrr0004                     08:26 pm         01109-0081-464795




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 02 (for drafter's use only)





 1  shall have the rights and privileges specified in this

 2  section. Such rights are not exclusive to other rights, and an

 3  enforcement official does not forfeit any rights otherwise

 4  held under federal, state, or local law. In any instance of a

 5  conflict between a provision of this section and a provision

 6  of chapter 455, the provision of this section shall supersede

 7  the provision of chapter 455.

 8         (3)  Whenever an enforcement official is subjected to

 9  an investigative interview for possible disciplinary action by

10  the department, such interview shall be conducted pursuant to

11  the requirements of this subsection.

12         (a)  The interview shall take place at a reasonable

13  hour. If the interview is taken in person, it shall take place

14  not more than 30 miles from where the licensee works, or at

15  any other mutually agreeable location or time.

16         (b)  An enforcement official may not be subjected to an

17  interview without first receiving written notice of sufficient

18  details of the complaint in order to be reasonably apprised of

19  the nature of the investigation and of the substance of the

20  allegations made. The enforcement official shall be informed

21  prior to the interview whether the complaint originated from

22  the department or from a consumer.

23         (c)  At his or her request, an enforcement official

24  under investigation shall have the right to be represented by

25  counsel or by any other representative of his or her choice,

26  who shall be present at such time as the enforcement official

27  wishes during the interview.

28         (d)  During the interview, the enforcement official may

29  not be subjected to offensive language. No promise may be made

30  or reward offered to the enforcement official as an inducement

31  to answer any question.

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    hrr0004                     08:26 pm         01109-0081-464795




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 02 (for drafter's use only)





 1         (e)  If requested by the enforcement official, the

 2  interview of an enforcement official, including notation of

 3  all recess periods, must be recorded on audio tape, or

 4  otherwise preserved in such a manner as to allow a transcript

 5  to be prepared, and there shall be no unrecorded questions or

 6  statements. Upon the request of the enforcement official, a

 7  copy of any such recording of the interview must be made

 8  available to the enforcement official no later than 72 hours

 9  following the interview, excluding holidays and weekends.  The

10  expense of the recording and transcript shall be borne by the

11  enforcement official.

12         (f)  If the testimony is transcribed, the transcript

13  must be furnished to the enforcement official for examination,

14  and shall be read to or by the enforcement official, unless

15  waived by all parties involved. Any changes in form or

16  substance that the enforcement official wants to make shall be

17  listed in writing, with a statement of the reasons for making

18  the changes. The changes shall be attached to the transcript.

19  Any transcript of an interview with an enforcement official

20  which is to be used in any proceeding against the enforcement

21  official shall be sworn or affirmed to and acknowledged by the

22  enforcement official.

23         (4)  The investigation of a complaint against an

24  enforcement official is subject to the time restrictions set

25  forth in this subsection, and failure to comply with any time

26  restriction set forth in this subsection shall result in

27  dismissal of the complaint against the enforcement official.

28  An investigation of a complaint against an enforcement

29  official that was dismissed for failure to comply with a time

30  restriction set forth in this subsection may not be reopened.

31  However, in any instance of an additional complaint being

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 02 (for drafter's use only)





 1  initiated, information or investigation related to the

 2  dismissed complaint may be used.

 3         (a)  The department must inform the enforcement

 4  official of any legally sufficient complaint received,

 5  including the substance of the allegation, within 10 days

 6  after receipt of the complaint by the department.

 7         (b)  The enforcement official shall be given thirty

 8  (30) days to respond to any legally sufficient complaint.

 9         (c)  No longer than 180 days from the date of the

10  receipt of the complaint, the department shall submit the

11  investigation, whether complete or not, to the probable cause

12  panel for review.  In the event the investigation is not

13  complete, the probable cause panel shall review and instruct

14  the department to complete the investigation within a time

15  certain and, in no event, greater than ninety (90) days or

16  dismiss the complaint with prejudice.

17         (5)  The enforcement official shall be considered an

18  agent of the governmental entity employing him or her and as

19  such shall be defended by that entity in any action brought by

20  the department or the board, provided the enforcement official

21  is working within the scope of his or her employment.

22         (6)  An enforcement official shall not be subject to

23  disciplinary action in regard to his or her certification for

24  exercising his or her rights under this section.

25         (7)  If any action taken against the enforcement

26  official by the department or the board is found to be without

27  merit by a court of competent jurisdiction, or if judgment in

28  such an action is awarded to the enforcement official, the

29  department or the board, or the assignee of the department or

30  board, shall reimburse the enforcement official or his or her

31  employer, as appropriate, for reasonable legal costs and

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 02 (for drafter's use only)





 1  reasonable attorney's fees incurred.  The amount awarded shall

 2  not exceed the limit provided in s. 120.595.

 3         (8)  An enforcement official may bring civil suit

 4  against any person, group of persons, or organization or

 5  corporation, or the head of such organization or corporation,

 6  for damages, either pecuniary or otherwise, suffered pursuant

 7  to the performance of the enforcement official's duties or for

 8  abridgement of the enforcement official's civil rights arising

 9  out of the enforcement official's performance of official

10  duties.

11         (9)  Notwithstanding any other provision in law, while

12  under investigation the enforcement official shall not be

13  denied any and all the rights and privileges of a licensee in

14  good standing.

15

16

17  ================ T I T L E   A M E N D M E N T ===============

18  And the title is amended as follows:

19         On page 1, line 12, after the word "terminology;"

20

21  and insert in lieu thereof:

22         creating s. 468.619, F.S.; establishing special

23         disciplinary procedures for building code

24         enforcement officials;

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    hrr0004                     08:26 pm         01109-0081-464795