HB 0597 2004
1	A bill to be entitled
2	An act relating to law enforcement and correctional
3	officers; amending s. 112.532, F.S.; providing a
4	limitation on certain actions involving the discipline,
5	demotion, or dismissal of a law enforcement officer or
6	correctional officer; providing for written notification
7	of such actions; providing exceptions to the limitation;
8	providing for the reopening of investigations and
9	subsequent disciplinary action in certain circumstances;
10	providing applicability; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Subsection (6) is added to section 112.532,
15	Florida Statutes, to read:
16	112.532 Law enforcement officers' and correctional
17	officers' rights.--All law enforcement officers and correctional
18	officers employed by or appointed to a law enforcement agency or
19	a correctional agency shall have the following rights and
20	privileges:
21	(6) LIMITATION PERIOD FOR DISCIPLINARY ACTIONS, DEMOTIONS,
22	AND DISMISSALS.--
23	(a) Except as provided in this subsection, no disciplinary
24	action, demotion, or dismissal shall be undertaken by an agency
25	against a law enforcement officer or correctional officer for
26	any act, omission, or other allegation of misconduct if the
27	investigation of such allegation is not completed within 180
28	days after the date the agency receives notice of the allegation
29	by a person authorized by the agency to initiate an
30	investigation of the misconduct. In the event that the agency
31	determines that disciplinary action is appropriate, it shall
32	complete its investigation and give notice in writing to the law
33	enforcement officer or correctional officer of its intent to
34	proceed with disciplinary action, along with a proposal of the
35	action sought. Such notice to the officer shall be provided
36	within 180 days after the date the agency received notice of the
37	alleged misconduct, except as follows:
38	1. The limitation of 180 days may be tolled for a period
39	specified in a written waiver of the limitation by the law
40	enforcement officer or correctional officer.
41	2. The limitation of 180 days shall be tolled during the
42	time that any criminal investigation or prosecution is pending
43	in connection with the act, omission, or other allegation of
44	misconduct.
45	3. The limitation of 180 days shall be tolled during the
46	period of incapacitation if the investigation involves an
47	officer who is incapacitated or otherwise unavailable.
48	4. The limitation of 180 days may be extended for a period
49	of time reasonably necessary to facilitate the coordination of
50	involved agencies in a multijurisdictional investigation.
51	(b) Notwithstanding the limitation of 180 days to commence
52	disciplinary action, demotion, or dismissal, an investigation
53	against a law enforcement officer or correctional officer may be
54	reopened if:
55	1. Significant new evidence has been discovered that is
56	likely to affect the outcome of the investigation.
57	2. The evidence could not have reasonably been discovered
58	in the normal course of investigation or the evidence resulted
59	from the predisciplinary response of the officer.
60
61	Any disciplinary action pursuant to an investigation that is
62	reopened pursuant to this paragraph must be completed within 30
63	days after the date the investigation is reopened.
64	Section 2. This act shall take effect July 1, 2004, and
65	shall apply to actions arising on or after that date.