Senate Bill sb1952

    Florida Senate - 2006                                  SB 1952

    By Senator Smith





    14-1381-06

  1                      A bill to be entitled

  2         An act relating to law enforcement officers and

  3         correctional officers; amending s. 112.532,

  4         F.S.; extending the limitations period for

  5         disciplinary actions during declared

  6         emergencies or natural disasters; providing an

  7         effective date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Paragraph (a) of subsection (6) of section

12  112.532, Florida Statutes, is amended to read:

13         112.532  Law enforcement officers' and correctional

14  officers' rights.--All law enforcement officers and

15  correctional officers employed by or appointed to a law

16  enforcement agency or a correctional agency shall have the

17  following rights and privileges:

18         (6)  LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.--

19         (a)  Except as provided in this subsection, no

20  disciplinary action, demotion, or dismissal shall be

21  undertaken by an agency against a law enforcement officer or

22  correctional officer for any act, omission, or other

23  allegation of misconduct if the investigation of such

24  allegation is not completed within 180 days after the date the

25  agency receives notice of the allegation by a person

26  authorized by the agency to initiate an investigation of the

27  misconduct. In the event that the agency determines that

28  disciplinary action is appropriate, it shall complete its

29  investigation and give notice in writing to the law

30  enforcement officer or correctional officer of its intent to

31  proceed with disciplinary action, along with a proposal of the

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






    Florida Senate - 2006                                  SB 1952
    14-1381-06




 1  action sought. Such notice to the officer shall be provided

 2  within 180 days after the date the agency received notice of

 3  the alleged misconduct, except as follows:

 4         1.  The running of the limitations period may be tolled

 5  for a period specified in a written waiver of the limitation

 6  by the law enforcement officer or correctional officer.

 7         2.  The running of the limitations period shall be

 8  tolled during the time that any criminal investigation or

 9  prosecution is pending in connection with the act, omission,

10  or other allegation of misconduct.

11         3.  If the investigation involves an officer who is

12  incapacitated or otherwise unavailable, the running of the

13  limitations period shall be tolled during the period of

14  incapacitation or unavailability.

15         4.  In a multijurisdictional investigation, the

16  limitations period may be extended for a period of time

17  reasonably necessary to facilitate the coordination of the

18  agencies involved.

19         5.  The running of the limitations period shall be

20  tolled during the time that a state of emergency within the

21  jurisdiction of the affected agency has been declared by the

22  Governor pursuant to s. 252.36 or by a county or municipality

23  pursuant to s. 252.38.

24         Section 2.  This act shall take effect July 1, 2006.

25  

26            *****************************************

27                          SENATE SUMMARY

28    Extends the limitations period for disciplinary actions
      against law enforcement officers or correctional officers
29    during declared emergencies or natural disasters.

30  

31  

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