Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 573, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 2/AD/2R         .            Floor: C            
             03/11/2020 05:41 PM       .      03/12/2020 05:18 PM       

       Senator Perry moved the following:
    1         Senate Substitute for Amendment (559842) (with title
    2  amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 111.09, Florida Statutes, is created to
    7  read:
    8         111.09Peer support for first responders.—
    9         (1)For purposes of this section, the term:
   10         (a)“First responder” has the same meaning as provided in
   11  s. 112.1815 and includes 911 public safety telecommunicators as
   12  defined in s. 401.465.
   13         (b)“First responder peer” means a person who:
   14         1.Is not a health care practitioner as defined in s.
   15  456.001.
   16         2.Has experience working as or with a first responder
   17  regarding any physical or emotional conditions or issues
   18  associated with the first responder’s employment.
   19         3.Has been designated by the first responder’s employing
   20  agency to provide peer support as provided in this section and
   21  has received training for this purpose.
   22         (c)“Peer support” means the provision of physical, moral,
   23  or emotional support to a first responder by a first responder
   24  peer for the purpose of addressing physical or emotional
   25  conditions or other issues associated with being a first
   26  responder.
   27         (d)“Peer support communication” means electronic, oral, or
   28  written communication, made with a mutual expectation of
   29  confidentiality while a first responder peer is providing peer
   30  support in his or her official capacity.
   31         (2)A first responder peer may not divulge information from
   32  or testify about a peer support communication in a civil,
   33  criminal, administrative, or disciplinary proceeding, unless:
   34         (a)The first responder peer is a defendant in a civil,
   35  criminal, administrative, or disciplinary proceeding arising
   36  from a complaint filed by the first responder who was a party to
   37  the peer support communication, in which case such information
   38  may be divulged but is limited to the scope of the proceeding;
   39         (b)The first responder who was a party to the peer support
   40  communication agrees, in writing, to allow the first responder
   41  peer to testify about or divulge information related to the peer
   42  support communications;
   43         (c)Based on the peer support communications, the first
   44  responder peer suspects that the first responder who was a party
   45  to the peer support communications has committed a criminal act
   46  or intends to commit a criminal act. There is no liability on
   47  the part of, and no cause of action of any nature may arise
   48  against, the first responder peer for disclosing information
   49  under this paragraph; or
   50         (d)There are articulable facts or circumstances that would
   51  lead a reasonable, prudent person to fear for the safety of the
   52  first responder who was a party to the peer support
   53  communication, another person, or society, and the first
   54  responder peer communicates the information only to a potential
   55  victim and law enforcement or other appropriate authorities.
   56  There is no liability on the part of, and no cause of action of
   57  any nature may arise against, the first responder peer for
   58  disclosing information under this paragraph.
   59         (3)This section does not limit the disclosure, discovery,
   60  or admissibility of information, testimony, or evidence that is
   61  obtained by a first responder peer from a source other than a
   62  first responder through a peer support communication.
   63         Section 2. Section 112.531, Florida Statutes, is reordered
   64  and amended to read:
   65         112.531 Definitions.—As used in this part, the term:
   66         (2)(1) “Law enforcement officer” means any person, other
   67  than a chief of police, who is employed full time or part time
   68  by any municipality or the state or any political subdivision
   69  thereof and whose primary responsibility is the prevention and
   70  detection of crime or the enforcement of the penal, traffic, or
   71  highway laws of this state; and includes any person who is
   72  appointed by the sheriff as a deputy sheriff under pursuant to
   73  s. 30.07.
   74         (1)(2) “Correctional officer” means any person, other than
   75  a warden, who is appointed or employed full time or part time by
   76  the state or any political subdivision thereof whose primary
   77  responsibility is the supervision, protection, care, custody, or
   78  control of inmates within a correctional institution; and
   79  includes correctional probation officers, as defined in s.
   80  943.10(3). However, the term “correctional officer” does not
   81  include any secretarial, clerical, or professionally trained
   82  personnel.
   83         Section 3. Paragraph (a) of subsection (6) of section
   84  112.532, Florida Statutes, is amended to read:
   85         112.532 Law enforcement officers’ and correctional
   86  officers’ rights.—All law enforcement officers and correctional
   87  officers employed by or appointed to a law enforcement agency or
   88  a correctional agency shall have the following rights and
   89  privileges:
   91         (a) Except as provided in this subsection, disciplinary
   92  action, suspension, demotion, or dismissal may not be undertaken
   93  by an agency against a law enforcement officer or correctional
   94  officer for any act, omission, or other allegation or complaint
   95  of misconduct, regardless of the origin of the allegation or
   96  complaint, if the investigation of the allegation or complaint
   97  is not completed within 180 days after the date the agency
   98  receives notice of the allegation or complaint by a person
   99  authorized by the agency to initiate an investigation of the
  100  misconduct. If the agency determines that disciplinary action is
  101  appropriate, it shall complete its investigation and give notice
  102  in writing to the law enforcement officer or correctional
  103  officer of its intent to proceed with disciplinary action, along
  104  with a proposal of the specific action sought, including length
  105  of suspension, if applicable. Notice to the officer must be
  106  provided within 180 days after the date the agency received
  107  notice of the alleged misconduct, regardless of the origin of
  108  the allegation or complaint, except as follows:
  109         1. The running of the limitations period may be tolled for
  110  a period specified in a written waiver of the limitation by the
  111  law enforcement officer or correctional officer.
  112         2. The running of the limitations period is tolled during
  113  the time that any criminal investigation or prosecution is
  114  pending in connection with the act, omission, or other
  115  allegation of misconduct.
  116         3. If the investigation involves an officer who is
  117  incapacitated or otherwise unavailable, the running of the
  118  limitations period is tolled during the period of incapacitation
  119  or unavailability.
  120         4. In a multijurisdictional investigation, the limitations
  121  period may be extended for a period of time reasonably necessary
  122  to facilitate the coordination of the agencies involved.
  123         5. The running of the limitations period may be tolled for
  124  emergencies or natural disasters during the time period wherein
  125  the Governor has declared a state of emergency within the
  126  jurisdictional boundaries of the concerned agency.
  127         6. The running of the limitations period is tolled during
  128  the time that the officer’s compliance hearing proceeding is
  129  continuing beginning with the filing of the notice of violation
  130  and a request for a hearing and ending with the written
  131  determination of the compliance review panel or upon the
  132  violation being remedied by the agency.
  133         Section 4. Paragraph (b) of subsection (1) of section
  134  112.533, Florida Statutes, is amended to read:
  135         112.533 Receipt and processing of complaints.—
  136         (1)
  137         (b)1. Any political subdivision that initiates or receives
  138  a complaint against a law enforcement officer or correctional
  139  officer must within 5 business days forward the complaint to the
  140  employing agency of the officer who is the subject of the
  141  complaint for review or investigation.
  142         2. For purposes of this paragraph, the term “political
  143  subdivision” means a separate agency or unit of local government
  144  created or established by law or ordinance and the officers
  145  thereof and includes, but is not limited to, an authority,
  146  board, branch, bureau, city, commission, consolidated
  147  government, county, department, district, institution,
  148  metropolitan government, municipality, office, officer, public
  149  corporation, town, or village.
  151  Notwithstanding the rights and privileges provided under this
  152  part or any provisions provided in a collective bargaining
  153  agreement, the agency head or the agency head’s designee may
  154  request a sworn or certified investigator from a separate law
  155  enforcement or correctional agency to conduct the investigation
  156  when a conflict is identified with having an investigator
  157  conduct the investigation of an officer of the same employing
  158  agency; the employing agency does not have an investigator
  159  trained to conduct such investigations; or the agency’s
  160  investigator is the subject of, or a witness in, the
  161  investigation and such agency is composed of any combination of
  162  35 or fewer law enforcement officers or correctional officers.
  163  The employing agency must document the identified conflict. Upon
  164  completion of the investigation, the investigator shall present
  165  the findings without any disciplinary recommendation to the
  166  employing agency.
  167         Section 5. This act shall take effect July 1, 2020.
  169  ================= T I T L E  A M E N D M E N T ================
  170  And the title is amended as follows:
  171         Delete everything before the enacting clause
  172  and insert:
  173                        A bill to be entitled                      
  174         An act relating to first responders and correctional
  175         officers; creating s. 111.09, F.S.; providing
  176         definitions; prohibiting certain persons who
  177         participate in peer support communication with a first
  178         responder from testifying or divulging specified
  179         information under certain circumstances; providing
  180         exceptions; prohibiting liability and a cause of
  181         action under certain circumstances; providing
  182         construction; reordering and amending s. 112.531,
  183         F.S.; revising definitions; amending s. 112.532, F.S.;
  184         specifying that an allegation or complaint of
  185         misconduct against a law enforcement officer or a
  186         correctional officer may originate from any source;
  187         amending s. 112.533, F.S.; authorizing law enforcement
  188         and correctional agencies to request a separate agency
  189         to conduct an investigation of a complaint under
  190         certain circumstances; specifying requirements for
  191         such investigations; providing an effective date.