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