Florida Senate - 2020 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 884
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Criminal and Civil Justice)
1 A bill to be entitled
2 An act relating to law enforcement and correctional
3 officers; reordering and amending s. 112.531, F.S.;
4 revising definitions; amending s. 112.532, F.S.;
5 specifying that an allegation or complaint of
6 misconduct against a law enforcement officer or a
7 correctional officer may originate from any source;
8 providing an effective date.
10 Be It Enacted by the Legislature of the State of Florida:
12 Section 1. Section 112.531, Florida Statutes, is reordered
13 and amended to read:
14 112.531 Definitions.—As used in this part, the term:
(1) “Law enforcement officer” means any person, other
16 than a chief of police, who is employed full time or part time
17 by any municipality or the state or any political subdivision
18 thereof and whose primary responsibility is the prevention and
19 detection of crime or the enforcement of the penal, traffic, or
20 highway laws of this state; and includes any person who is
21 appointed by the sheriff as a deputy sheriff under pursuant to
22 s. 30.07.
23 (1) (2) “Correctional officer” means any person, other than
24 a warden, who is appointed or employed full time or part time by
25 the state or any political subdivision thereof whose primary
26 responsibility is the supervision, protection, care, custody, or
27 control of inmates within a correctional institution; and
28 includes correctional probation officers, as defined in s.
29 943.10(3). However, the term “correctional officer” does not
30 include any secretarial, clerical, or professionally trained
32 Section 2. Paragraph (a) of subsection (6) of section
33 112.532, Florida Statutes, is amended to read:
34 112.532 Law enforcement officers’ and correctional
35 officers’ rights.—All law enforcement officers and correctional
36 officers employed by or appointed to a law enforcement agency or
37 a correctional agency shall have the following rights and
39 (6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.—
40 (a) Except as provided in this subsection, disciplinary
41 action, suspension, demotion, or dismissal may not be undertaken
42 by an agency against a law enforcement officer or correctional
43 officer for any act, omission, or other allegation or complaint
44 of misconduct, regardless of the origin of the allegation or
45 complaint, if the investigation of the allegation or complaint
46 is not completed within 180 days after the date the agency
47 receives notice of the allegation or complaint by a person
48 authorized by the agency to initiate an investigation of the
49 misconduct. If the agency determines that disciplinary action is
50 appropriate, it shall complete its investigation and give notice
51 in writing to the law enforcement officer or correctional
52 officer of its intent to proceed with disciplinary action, along
53 with a proposal of the specific action sought, including length
54 of suspension, if applicable. Notice to the officer must be
55 provided within 180 days after the date the agency received
56 notice of the alleged misconduct, regardless of the origin of
57 the allegation or complaint, except as follows:
58 1. The running of the limitations period may be tolled for
59 a period specified in a written waiver of the limitation by the
60 law enforcement officer or correctional officer.
61 2. The running of the limitations period is tolled during
62 the time that any criminal investigation or prosecution is
63 pending in connection with the act, omission, or other
64 allegation of misconduct.
65 3. If the investigation involves an officer who is
66 incapacitated or otherwise unavailable, the running of the
67 limitations period is tolled during the period of incapacitation
68 or unavailability.
69 4. In a multijurisdictional investigation, the limitations
70 period may be extended for a period of time reasonably necessary
71 to facilitate the coordination of the agencies involved.
72 5. The running of the limitations period may be tolled for
73 emergencies or natural disasters during the time period wherein
74 the Governor has declared a state of emergency within the
75 jurisdictional boundaries of the concerned agency.
76 6. The running of the limitations period is tolled during
77 the time that the officer’s compliance hearing proceeding is
78 continuing beginning with the filing of the notice of violation
79 and a request for a hearing and ending with the written
80 determination of the compliance review panel or upon the
81 violation being remedied by the agency.
82 Section 3. This act shall take effect July 1, 2020.