Florida Senate - 2023 CS for SB 998 By the Committee on Criminal Justice; and Senator Burgess 591-03136-23 2023998c1 1 A bill to be entitled 2 An act relating to chiefs of police; amending s. 3 112.531, F.S.; defining terms; creating s. 112.5321, 4 F.S.; providing legislative findings and intent; 5 providing rights of chiefs of police; requiring an 6 aggrieved chief of police to provide his or her 7 employing agency with a certain written notice within 8 a specified timeframe; requiring an employing agency 9 to cure an alleged violation within a specified 10 timeframe; providing exceptions; providing an 11 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Present subsections (1) and (2) of section 16 112.531, Florida Statutes, are redesignated as subsections (2) 17 and (4), respectively, and new subsections (1) and (3) are added 18 to that section, to read: 19 112.531 Definitions.—As used in this part, the term: 20 (1) “Chief of police” means a person, other than an elected 21 official, who is appointed or employed full time by the state or 22 any political subdivision thereof to be the chief law 23 enforcement officer of a law enforcement agency and who is not 24 covered by the protections under s. 112.532. The term does not 25 include state law enforcement agency executives whose 26 appointment or employment is governed by other provisions of 27 law. 28 (3) “Employing agency” has the same meaning as in s. 29 943.10(4). 30 Section 2. Section 112.5321, Florida Statutes, is created 31 to read: 32 112.5321 Rights of chiefs of police.— 33 (1) The Legislature recognizes that a chief of police is 34 accountable for the direction and actions of the law enforcement 35 agency he or she leads. The Legislature also recognizes the 36 critical importance of allowing the chief of police to 37 communicate directly with the public, including the press, and 38 allowing the chief of police to manage his or her law 39 enforcement agency without political influence or interference 40 in order to increase and maintain the public trust and exercise 41 the authority of the chief of police. The Legislature finds that 42 communities deserve the opportunity to participate in any 43 hearing in which the termination of the community’s chief of 44 police is being discussed, and the reasons for which a chief of 45 police is being terminated should be a matter of public record. 46 The Legislature also finds that law enforcement agencies that 47 terminate the chief of police without public transparency often 48 have problems with agency morale, recruitment and retention of 49 law enforcement officers, and the stability of the relationship 50 between law enforcement officers and the community. 51 Additionally, the Legislature recognizes the importance of 52 protecting public safety, community stability, government 53 transparency, and accountability and confidence within law 54 enforcement agencies. Therefore, the Legislature intends to 55 prohibit the arbitrary termination of a chief of police without 56 the chief being provided written notice and an opportunity to 57 defend himself or herself against termination at a public 58 meeting or hearing. 59 (2) A person employed or appointed as a chief of police: 60 (a) May not be terminated by his or her employing agency 61 without being provided written notice, including just cause for 62 the termination, and the opportunity to defend himself or 63 herself against the termination at a public meeting or hearing. 64 This paragraph does not supersede any written employment 65 contract or agreement that provides employment, discipline, or 66 termination standards or procedures. 67 (b) May be represented by counsel, including at the public 68 meeting or hearing under paragraph (a), at his or her request. 69 (c) May not be discharged; disciplined; demoted; denied a 70 promotion, transfer, or reassignment; or otherwise discriminated 71 against in regard to his or her employment or appointment, or be 72 threatened with any such treatment, for exercising any of the 73 rights provided in this subsection. 74 (3) A chief of police who is aggrieved by an alleged 75 violation of subsection (2) shall provide written notice to his 76 or her employing agency within 3 days after the alleged 77 violation which must contain specific information relating to 78 the alleged violation. The employing agency shall cure the 79 alleged violation within 5 days after receipt of the written 80 notification unless a longer time period is agreed to in writing 81 by both parties or is necessary to satisfy notice requirements 82 for notice of a public meeting or hearing pursuant to s. 83 286.011. 84 Section 3. This act shall take effect July 1, 2023.