Florida Senate - 2020                              CS for SB 884
       By the Committee on Appropriations; and Senators Hooper and
       576-04281-20                                           2020884c1
    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         amending s. 112.533, F.S.; authorizing law enforcement
    9         and correctional agencies to request a separate agency
   10         to conduct an investigation of a complaint under
   11         certain circumstances; specifying requirements for
   12         such investigations; providing appropriations and
   13         authorizing positions; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Section 112.531, Florida Statutes, is reordered
   18  and amended to read:
   19         112.531 Definitions.—As used in this part, the term:
   20         (2)(1) “Law enforcement officer” means any person, other
   21  than a chief of police, who is employed full time or part time
   22  by any municipality or the state or any political subdivision
   23  thereof and whose primary responsibility is the prevention and
   24  detection of crime or the enforcement of the penal, traffic, or
   25  highway laws of this state; and includes any person who is
   26  appointed by the sheriff as a deputy sheriff under pursuant to
   27  s. 30.07.
   28         (1)(2) “Correctional officer” means any person, other than
   29  a warden, who is appointed or employed full time or part time by
   30  the state or any political subdivision thereof whose primary
   31  responsibility is the supervision, protection, care, custody, or
   32  control of inmates within a correctional institution; and
   33  includes correctional probation officers, as defined in s.
   34  943.10(3). However, the term “correctional officer” does not
   35  include any secretarial, clerical, or professionally trained
   36  personnel.
   37         Section 2. Paragraph (a) of subsection (6) of section
   38  112.532, Florida Statutes, is amended to read:
   39         112.532 Law enforcement officers’ and correctional
   40  officers’ rights.—All law enforcement officers and correctional
   41  officers employed by or appointed to a law enforcement agency or
   42  a correctional agency shall have the following rights and
   43  privileges:
   45         (a) Except as provided in this subsection, disciplinary
   46  action, suspension, demotion, or dismissal may not be undertaken
   47  by an agency against a law enforcement officer or correctional
   48  officer for any act, omission, or other allegation or complaint
   49  of misconduct, regardless of the origin of the allegation or
   50  complaint, if the investigation of the allegation or complaint
   51  is not completed within 180 days after the date the agency
   52  receives notice of the allegation or complaint by a person
   53  authorized by the agency to initiate an investigation of the
   54  misconduct. If the agency determines that disciplinary action is
   55  appropriate, it shall complete its investigation and give notice
   56  in writing to the law enforcement officer or correctional
   57  officer of its intent to proceed with disciplinary action, along
   58  with a proposal of the specific action sought, including length
   59  of suspension, if applicable. Notice to the officer must be
   60  provided within 180 days after the date the agency received
   61  notice of the alleged misconduct, regardless of the origin of
   62  the allegation or complaint, except as follows:
   63         1. The running of the limitations period may be tolled for
   64  a period specified in a written waiver of the limitation by the
   65  law enforcement officer or correctional officer.
   66         2. The running of the limitations period is tolled during
   67  the time that any criminal investigation or prosecution is
   68  pending in connection with the act, omission, or other
   69  allegation of misconduct.
   70         3. If the investigation involves an officer who is
   71  incapacitated or otherwise unavailable, the running of the
   72  limitations period is tolled during the period of incapacitation
   73  or unavailability.
   74         4. In a multijurisdictional investigation, the limitations
   75  period may be extended for a period of time reasonably necessary
   76  to facilitate the coordination of the agencies involved.
   77         5. The running of the limitations period may be tolled for
   78  emergencies or natural disasters during the time period wherein
   79  the Governor has declared a state of emergency within the
   80  jurisdictional boundaries of the concerned agency.
   81         6. The running of the limitations period is tolled during
   82  the time that the officer’s compliance hearing proceeding is
   83  continuing beginning with the filing of the notice of violation
   84  and a request for a hearing and ending with the written
   85  determination of the compliance review panel or upon the
   86  violation being remedied by the agency.
   87         Section 3. Paragraph (b) of subsection (1) of section
   88  112.533, Florida Statutes, is amended to read:
   89         112.533 Receipt and processing of complaints.—
   90         (1)
   91         (b)1. Any political subdivision that initiates or receives
   92  a complaint against a law enforcement officer or correctional
   93  officer must within 5 business days forward the complaint to the
   94  employing agency of the officer who is the subject of the
   95  complaint for review or investigation.
   96         2. For purposes of this paragraph, the term “political
   97  subdivision” means a separate agency or unit of local government
   98  created or established by law or ordinance and the officers
   99  thereof and includes, but is not limited to, an authority,
  100  board, branch, bureau, city, commission, consolidated
  101  government, county, department, district, institution,
  102  metropolitan government, municipality, office, officer, public
  103  corporation, town, or village.
  105  Notwithstanding the rights and privileges provided under this
  106  part or any provisions provided in a collective bargaining
  107  agreement, the agency head or the agency head’s designee may
  108  request a sworn or certified investigator from a separate law
  109  enforcement or correctional agency to conduct the investigation
  110  when a conflict is identified with having an investigator
  111  conduct the investigation of an officer of the same employing
  112  agency; the employing agency does not have an investigator
  113  trained to conduct such investigations; or the agency’s
  114  investigator is the subject of, or a witness in, the
  115  investigation and such agency is composed of any combination of
  116  35 or fewer law enforcement officers or correctional officers.
  117  The employing agency must document the identified conflict. Upon
  118  completion of the investigation, the investigator shall present
  119  the findings without any disciplinary recommendation to the
  120  employing agency.
  121         Section 4. For the 2020-2021 fiscal year, the sums of
  122  $3,197,069 in recurring funds and $194,876 in nonrecurring funds
  123  are appropriated from the General Revenue Fund to the Department
  124  of Corrections, and 44 full-time equivalent positions with
  125  associated salary rate of 1,824,002 are authorized, for the
  126  purposes of implementing this act.
  127         Section 5. This act shall take effect July 1, 2020.