Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 620
Ì882796`Î882796
LEGISLATIVE ACTION
Senate . House
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The Committee on Governmental Oversight and Accountability
(Hooper) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (3), (4), and (6) of section 112.81,
6 Florida Statutes, are amended to read:
7 112.81 Definitions.—As used in this part:
8 (3) “Informal inquiry” means a meeting by supervisory or
9 management personnel with a firefighter about whom an allegation
10 of misconduct has come to the attention of such supervisory or
11 management personnel, the purpose of which meeting is to mediate
12 a complaint or discuss the facts to determine whether a formal
13 investigation should be commenced. The term does not include
14 discussions such as safety sessions, normal operational fire
15 debriefings, and routine work-related discussions.
16 (4) “Formal investigation” means the process of
17 investigation ordered by supervisory or management personnel to
18 determine if, after the supervisory personnel have previously
19 determined that the firefighter shall be disciplined,
20 reprimanded, suspended, or removed, during which the questioning
21 of a firefighter is conducted for the purpose of gathering
22 evidence of misconduct.
23 (6) “Interrogation” means the questioning of a firefighter
24 by an employing agency in connection with a formal investigation
25 or an administrative proceeding but does shall not include
26 arbitration or civil service proceedings. Questioning pursuant
27 to an informal inquiry is shall not be deemed to be an
28 interrogation.
29 Section 2. Section 112.82, Florida Statutes, is amended to
30 read:
31 112.82 Rights of firefighters.—Whenever a firefighter is
32 subjected to an interrogation or an informal inquiry, such
33 processes must interrogation shall be conducted in accordance
34 with pursuant to the terms of this section.
35 (1) The interrogation or informal inquiry must shall take
36 place at the facility where the investigating officer is
37 assigned, or at the facility which has jurisdiction over the
38 place where the incident under investigation allegedly occurred,
39 as designated by the investigating officer.
40 (2) A No firefighter may not shall be subjected to
41 interrogation without first receiving written notice in of
42 sufficient detail of the investigation in order to reasonably
43 apprise the firefighter of the nature of the investigation. The
44 firefighter must shall be informed beforehand of the names of
45 all complainants. All identifiable witnesses must be interviewed
46 before the beginning of the interrogation of the firefighter,
47 when possible. The complaint, all witness statements, and all
48 other existing evidence, including, but not limited to, incident
49 reports, GPS locator information, and audio or video recordings
50 relating to the incident under investigation, must be provided
51 to each firefighter who is the subject of the complaint before
52 he or she is interrogated. A firefighter may waive the rights
53 provided under this section and provide a voluntary statement at
54 any time after being informed of his or her right to review
55 witness statements.
56 (3) All interrogations and informal inquiries must shall be
57 conducted at a reasonable time of day, preferably when the
58 firefighter is on duty, unless the importance of the informal
59 inquiry, interrogation, or investigation is of such a nature
60 that immediate action is required.
61 (4) The firefighter under investigation shall be informed
62 of the name, rank, and unit or command of the officer in charge
63 of the informal inquiry or investigation, the interrogators, and
64 all persons present during any interrogation.
65 (5) Interrogation and informal inquiry sessions must shall
66 be of reasonable duration and the firefighter must be afforded
67 shall be permitted reasonable periods for rest and personal
68 necessities.
69 (6) The firefighter may being interrogated shall not be
70 subjected to offensive language; threatened with transfer,
71 dismissal, or disciplinary action; or offered any incentive as
72 an inducement to answer any questions.
73 (7) A complete record of any interrogation must shall be
74 made. Such record may be electronically recorded., and If a
75 transcript of the such interrogation is made, the firefighter
76 under investigation must receive a copy, upon request, without
77 charge. If the firefighter requests a copy of the transcript, it
78 must be provided within 72 hours, excluding weekends and
79 holidays, after the interrogation shall be entitled to a copy
80 without charge. Such record may be electronically recorded.
81 (8) An employee or officer of an employing agency may
82 represent the agency, and an employee organization may represent
83 any member of a bargaining unit desiring such representation in
84 any proceeding to which this part applies. If a collective
85 bargaining agreement provides for the presence of a
86 representative of the collective bargaining unit during
87 investigations or interrogations, such representative shall be
88 allowed to be present.
89 (9) A No firefighter may not shall be discharged,
90 disciplined, demoted, denied promotion or seniority,
91 transferred, reassigned, or otherwise disciplined or
92 discriminated against in regard to his or her employment, or be
93 threatened with any such treatment as retaliation for or by
94 reason solely of his or her exercise of any of the rights
95 granted or protected by this part.
96 (10) Any informal inquiry meeting conducted by supervisory
97 or management personnel must be conducted within 72 hours of the
98 initial allegation of misconduct. Any meeting regarding the
99 allegation conducted more than 72 hours after the initial
100 allegation is considered to be an interrogation. A firefighter
101 may waive the rights provided under this section and voluntarily
102 participate in an informal inquiry at any time.
103 Section 3. Section 112.825, Florida Statutes, is created to
104 read:
105 112.825 Notice of disciplinary action.—
106 (1) A dismissal, demotion, transfer, reassignment, or other
107 disciplinary action that might result in loss of pay or benefits
108 or that might otherwise be considered a punitive measure may not
109 be taken against a firefighter unless the firefighter is
110 notified of the action and the reason for the action before the
111 effective date of the action.
112 (2) A firefighter who is subject to disciplinary action
113 that consists of suspension with loss of pay, demotion, or
114 dismissal, or his or her representative, must, upon request, be
115 given a complete copy of the investigative file, including the
116 final investigative report and all evidence, by the employing
117 agency. The firefighter must be given the opportunity to address
118 the findings in the final investigative report with the
119 employing agency before such disciplinary action is taken. The
120 contents of the complaint and all information obtained pursuant
121 to the subsequent investigation must remain confidential and
122 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
123 Constitution as provided under s. 119.071(2)(k).
124 Section 4. This act shall take effect July 1, 2020.
125
126 ================= T I T L E A M E N D M E N T ================
127 And the title is amended as follows:
128 Delete everything before the enacting clause
129 and insert:
130 A bill to be entitled
131 An act relating to the Firefighters’ Bill of Rights;
132 amending s. 112.81, F.S.; revising definitions;
133 amending s. 112.82, F.S.; specifying application of
134 certain rights of firefighters to informal inquiries;
135 requiring that witnesses be interviewed and certain
136 information be provided to a firefighter subjected to
137 interrogation before an interrogation is conducted;
138 authorizing a firefighter to provide a voluntary
139 statement at any time after being informed of a
140 certain right; specifying requirements and limitations
141 with respect to informal inquiries; prohibiting a
142 firefighter from being threatened with certain
143 disciplinary action; requiring that a copy of the
144 interrogation be provided to a firefighter within a
145 specified timeframe, upon request; specifying
146 requirements for informal inquiry meetings; creating
147 s. 112.825, F.S.; requiring that a firefighter be
148 notified and provided certain information before
149 certain disciplinary actions are taken; requiring that
150 a firefighter be given the opportunity to address
151 certain findings; requiring that certain information
152 be kept confidential and exempt in accordance with
153 existing law; providing an effective date.