Florida Senate - 2020                                     SB 884
       By Senator Hooper
       16-00956A-20                                           2020884__
    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 the definitions of “correctional officer” and
    5         “law enforcement officer” to include persons employed
    6         on a part-time basis; amending s. 112.532, F.S.;
    7         authorizing an agency to take disciplinary action
    8         against a correctional officer or law enforcement
    9         officer accused of misconduct within a specified
   10         timeframe, regardless of the allegation’s origin;
   11         requiring an agency to provide an officer with notice
   12         of alleged misconduct within a specified timeframe,
   13         regardless of the allegation’s origin; amending s.
   14         112.534, F.S.; authorizing an officer to bring an
   15         action for injunctive relief if a law enforcement or
   16         correctional agency fails to comply with certain
   17         requirements of part VI of ch. 112, F.S.; providing an
   18         effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Section 112.531, Florida Statutes, is reordered
   23  and amended to read:
   24         112.531 Definitions.—As used in this part, the term:
   25         (2)(1) “Law enforcement officer” means any person, other
   26  than a chief of police, who is employed full time or part time
   27  by any municipality, or the state, or any political subdivision
   28  thereof, and whose primary responsibility is the prevention and
   29  detection of crime or the enforcement of the penal, traffic, or
   30  highway laws of this state. The term; and includes any person
   31  who is appointed by the sheriff as a deputy sheriff pursuant to
   32  s. 30.07.
   33         (1)(2) “Correctional officer” means any person, other than
   34  a warden, who is appointed or employed full time or part time by
   35  the state or any political subdivision thereof whose primary
   36  responsibility is the supervision, protection, care, custody, or
   37  control of inmates within a correctional institution. The term;
   38  and includes correctional probation officers, as defined in s.
   39  943.10(3). However, The term “correctional officer” does not
   40  include any secretarial, clerical, or professionally trained
   41  personnel.
   42         Section 2. Paragraph (a) of subsection (6) of section
   43  112.532, Florida Statutes, is amended to read:
   44         112.532 Law enforcement officers’ and correctional
   45  officers’ rights.—All law enforcement officers and correctional
   46  officers employed by or appointed to a law enforcement agency or
   47  a correctional agency shall have the following rights and
   48  privileges:
   50         (a) Except as provided in this subsection, disciplinary
   51  action, suspension, demotion, or dismissal may not be undertaken
   52  by an agency against a law enforcement officer or correctional
   53  officer for any act, omission, or other allegation of
   54  misconduct, regardless of the allegation’s origin, if the
   55  investigation of the allegation is not completed within 180 days
   56  after the date the agency receives notice of the allegation by a
   57  person authorized by the agency to initiate an investigation of
   58  the misconduct. If the agency determines that disciplinary
   59  action is appropriate, it shall complete its investigation and
   60  give notice in writing to the law enforcement officer or
   61  correctional officer of its intent to proceed with disciplinary
   62  action, along with a proposal of the specific action sought,
   63  including length of suspension, if applicable. Notice to the
   64  officer must be provided within 180 days after the date the
   65  agency received notice of the alleged misconduct, regardless of
   66  the allegation’s origin, except as follows:
   67         1. The running of the limitations period may be tolled for
   68  a period specified in a written waiver of the limitation by the
   69  law enforcement officer or correctional officer.
   70         2. The running of the limitations period is tolled during
   71  the time that any criminal investigation or prosecution is
   72  pending in connection with the act, omission, or other
   73  allegation of misconduct.
   74         3. If the investigation involves an officer who is
   75  incapacitated or otherwise unavailable, the running of the
   76  limitations period is tolled during the period of incapacitation
   77  or unavailability.
   78         4. In a multijurisdictional investigation, the limitations
   79  period may be extended for a period of time reasonably necessary
   80  to facilitate the coordination of the agencies involved.
   81         5. The running of the limitations period may be tolled for
   82  emergencies or natural disasters during the time period wherein
   83  the Governor has declared a state of emergency within the
   84  jurisdictional boundaries of the concerned agency.
   85         6. The running of the limitations period is tolled during
   86  the time that the officer’s compliance hearing proceeding is
   87  continuing beginning with the filing of the notice of violation
   88  and a request for a hearing and ending with the written
   89  determination of the compliance review panel or upon the
   90  violation being remedied by the agency.
   91         Section 3. Present subsection (2) of section 112.534,
   92  Florida Statutes, is renumbered as subsection (3), and a new
   93  subsection (2) is added to that section, to read:
   94         112.534 Failure to comply; official misconduct.—
   95         (2) If any law enforcement agency or correctional agency,
   96  including investigators in an agency’s internal affairs or
   97  professional standards division or an assigned investigating
   98  supervisor, fails to comply with the requirements of this part,
   99  or if the injury suffered by the law enforcement officer or
  100  correctional officer employed by or appointed to such agency is
  101  not capable of being remedied by a compliance review hearing,
  102  the officer who is personally injured by such failure to comply
  103  may file an action for injunctive relief in the circuit court
  104  where the agency is located to enforce the requirements of this
  105  part. Clear and convincing evidence that an agency violated this
  106  part constitutes irreparable harm for purposes of injunctive
  107  relief.
  108         Section 4. This act shall take effect July 1, 2020.