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, thesuch29 interrogation mustshallbe conducted pursuant to the terms of 30 this section. 31 (1) The interrogation shall take place at the facility to 32 whichwherethe investigating officer is assigned, or at the 33 facility havingwhich hasjurisdiction over the place where the 34 incident under investigation allegedly occurred, as designated 35 by the investigating officer. 36 (2) ANofirefighter may notshallbe 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 mustshallbe 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 mustshallbe 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 mustshallbe of reasonable 59 duration and the firefighter shall be permitted reasonable 60 periods for rest and personal necessities. 61 (6) The firefighter being interrogated mayshallnot 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 mustshallbe 66 made, and if a transcript of thesuchinterrogation is made, the 67 firefighter under investigation isshall beentitled to a copy 68 without charge. TheSuchrecord 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, thesuchrepresentative is 80shall beallowed to be present. 81 (9) ANofirefighter may notshallbe 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: 90 112.825 Notice 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.