Florida Senate - 2023 SB 1086
By Senator Gruters
22-01636-23 20231086__
1 A bill to be entitled
2 An act relating to the rights of law enforcement
3 officers; amending s. 112.532, F.S.; prohibiting a law
4 enforcement agency from issuing any disciplinary
5 action, suspension, demotion, or dismissal against a
6 law enforcement officer or correctional officer unless
7 certain conditions apply; authorizing the officer to
8 challenge such disciplinary action, suspension,
9 demotion, or dismissal administratively or in a court
10 of competent jurisdiction; amending s. 112.534, F.S.;
11 providing that an officer has the right to challenge a
12 specified violation administratively or in a court of
13 competent jurisdiction, if certain conditions exist;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraph (a) of subsection (6) of section
19 112.532, Florida Statutes, is amended to read:
20 112.532 Law enforcement officers’ and correctional
21 officers’ rights.—All law enforcement officers and correctional
22 officers employed by or appointed to a law enforcement agency or
23 a correctional agency shall have the following rights and
24 privileges:
25 (6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.—
26 (a)1. Except as provided in this subsection, disciplinary
27 action, suspension, demotion, or dismissal may not be undertaken
28 by an agency against a law enforcement officer or correctional
29 officer for any act, omission, or other allegation or complaint
30 of misconduct, regardless of the origin of the allegation or
31 complaint, if the investigation of the allegation or complaint
32 is not completed within 180 days after the date the agency
33 receives notice of the allegation or complaint by a person
34 authorized by the agency to initiate an investigation of the
35 misconduct. If the agency determines that disciplinary action is
36 appropriate, it shall complete its investigation and give notice
37 in writing to the law enforcement officer or correctional
38 officer of its intent to proceed with disciplinary action, along
39 with a proposal of the specific action sought, including length
40 of suspension, if applicable. Notice to the officer must be
41 provided within 180 days after the date the agency received
42 notice of the alleged misconduct, regardless of the origin of
43 the allegation or complaint, except as follows:
44 a.1. The running of the limitations period may be tolled
45 for a period specified in a written waiver of the limitation by
46 the law enforcement officer or correctional officer.
47 b.2. The running of the limitations period is tolled during
48 the time that any criminal investigation or prosecution is
49 pending in connection with the act, omission, or other
50 allegation of misconduct.
51 c.3. If the investigation involves an officer who is
52 incapacitated or otherwise unavailable, the running of the
53 limitations period is tolled during the period of incapacitation
54 or unavailability.
55 d.4. In a multijurisdictional investigation, the
56 limitations period may be extended for a period of time
57 reasonably necessary to facilitate the coordination of the
58 agencies involved.
59 e.5. The running of the limitations period may be tolled
60 for emergencies or natural disasters during the time period
61 wherein the Governor has declared a state of emergency within
62 the jurisdictional boundaries of the concerned agency.
63 f.6. The running of the limitations period is tolled during
64 the time that the officer’s compliance hearing proceeding is
65 continuing beginning with the filing of the notice of violation
66 and a request for a hearing and ending with the written
67 determination of the compliance review panel or upon the
68 violation being remedied by the agency.
69 2. Disciplinary action, suspension, demotion, or dismissal
70 may not be undertaken by an agency against a law enforcement
71 officer or correctional officer unless the officer receives
72 notice of such disciplinary action, suspension, demotion, or
73 dismissal within 180 days after the date the agency received
74 notice of the alleged misconduct and none of the exceptions in
75 subparagraph 1. apply. If an officer is disciplined, suspended,
76 demoted, or dismissed without the proper notice, the officer may
77 appeal the issuance of such disciplinary action, suspension,
78 demotion, or dismissal administratively or in a court of
79 competent jurisdiction.
80 Section 2. Subsection (1) of section 112.534, Florida
81 Statutes, is amended to read:
82 112.534 Failure to comply; official misconduct.—
83 (1)(a) Notwithstanding s. 112.532(6), if any law
84 enforcement agency or correctional agency, including
85 investigators in its internal affairs or professional standards
86 division, or an assigned investigating supervisor, intentionally
87 fails to comply with the requirements of this part, the
88 following procedures apply. For purposes of this section, the
89 term “law enforcement officer” or “correctional officer”
90 includes the officer’s representative or legal counsel, except
91 in application of subparagraph 4 paragraph (d).
92 1.(a) The law enforcement officer or correctional officer
93 shall advise the investigator of the intentional violation of
94 the requirements of this part which is alleged to have occurred.
95 The officer’s notice of violation is sufficient to notify the
96 investigator of the requirements of this part which are alleged
97 to have been violated and the factual basis of each violation.
98 2.(b) If the investigator fails to cure the violation or
99 continues the violation after being notified by the law
100 enforcement officer or correctional officer, the officer shall
101 request the agency head or his or her designee be informed of
102 the alleged intentional violation. Once this request is made,
103 the interview of the officer shall cease, and the officer’s
104 refusal to respond to further investigative questions does not
105 constitute insubordination or any similar type of policy
106 violation.
107 3.(c) Thereafter, within 3 working days, a written notice
108 of violation and request for a compliance review hearing shall
109 be filed with the agency head or designee which must contain
110 sufficient information to identify the requirements of this part
111 which are alleged to have been violated and the factual basis of
112 each violation. All evidence related to the investigation must
113 be preserved for review and presentation at the compliance
114 review hearing. For purposes of confidentiality, the compliance
115 review panel hearing shall be considered part of the original
116 investigation.
117 4.(d) Unless otherwise remedied by the agency before the
118 hearing, a compliance review hearing must be conducted within 10
119 working days after the request for a compliance review hearing
120 is filed, unless, by mutual agreement of the officer and agency
121 or for extraordinary reasons, an alternate date is chosen. The
122 panel shall review the circumstances and facts surrounding the
123 alleged intentional violation. The compliance review panel shall
124 be made up of three members: one member selected by the agency
125 head, one member selected by the officer filing the request, and
126 a third member to be selected by the other two members. The
127 review panel members shall be law enforcement officers or
128 correctional officers who are active from the same law
129 enforcement discipline as the officer requesting the hearing.
130 Panel members may be selected from any state, county, or
131 municipal agency within the county in which the officer works.
132 The compliance review hearing shall be conducted in the county
133 in which the officer works.
134 5.(e) It is the responsibility of the compliance review
135 panel to determine whether or not the investigator or agency
136 intentionally violated the requirements provided under this
137 part. It may hear evidence, review relevant documents, and hear
138 argument before making such a determination; however, all
139 evidence received shall be strictly limited to the allegation
140 under consideration and may not be related to the disciplinary
141 charges pending against the officer. The investigative materials
142 are considered confidential for purposes of the compliance
143 review hearing and determination.
144 6.(f) The officer bears the burden of proof to establish
145 that the violation of this part was intentional. The standard of
146 proof for such a determination is by a preponderance of the
147 evidence. The determination of the panel must be made at the
148 conclusion of the hearing, in writing, and filed with the agency
149 head and the officer.
150 7.(g) If the alleged violation is sustained as intentional
151 by the compliance review panel, the agency head shall
152 immediately remove the investigator from any further involvement
153 with the investigation of the officer. Additionally, the agency
154 head shall direct an investigation be initiated against the
155 investigator determined to have intentionally violated the
156 requirements provided under this part for purposes of agency
157 disciplinary action. If that investigation is sustained, the
158 sustained allegations against the investigator shall be
159 forwarded to the Criminal Justice Standards and Training
160 Commission for review as an act of official misconduct or misuse
161 of position.
162 (b) If a violation of this part is discovered after the
163 conclusion of an interview or interrogation, or if the agency
164 fails to abide by this part, the officer has the right to appeal
165 the alleged violation administratively or in a court of
166 competent jurisdiction.
167 Section 3. This act shall take effect July 1, 2023.