Florida Senate - 2020                              CS for SB 620
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Hooper
       
       
       
       
       585-02222-20                                           2020620c1
    1                        A bill to be entitled                      
    2         An act relating to the Firefighters’ Bill of Rights;
    3         amending s. 112.81, F.S.; revising definitions;
    4         amending s. 112.82, F.S.; specifying application of
    5         certain rights of firefighters to informal inquiries;
    6         requiring that witnesses be interviewed and certain
    7         information be provided to a firefighter subjected to
    8         interrogation before an interrogation is conducted;
    9         authorizing a firefighter to provide a voluntary
   10         statement at any time after being informed of a
   11         certain right; specifying requirements and limitations
   12         with respect to informal inquiries; prohibiting a
   13         firefighter from being threatened with certain
   14         disciplinary action; requiring that a copy of the
   15         interrogation be provided to a firefighter within a
   16         specified timeframe, upon request; specifying
   17         requirements for informal inquiry meetings; creating
   18         s. 112.825, F.S.; requiring that a firefighter be
   19         notified and provided certain information before
   20         certain disciplinary actions are taken; requiring that
   21         a firefighter be given the opportunity to address
   22         certain findings; requiring that certain information
   23         be kept confidential and exempt in accordance with
   24         existing law; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsections (3), (4), and (6) of section 112.81,
   29  Florida Statutes, are amended to read:
   30         112.81 Definitions.—As used in this part:
   31         (3) “Informal inquiry” means a meeting by supervisory or
   32  management personnel with a firefighter about whom an allegation
   33  of misconduct has come to the attention of such supervisory or
   34  management personnel, the purpose of which meeting is to mediate
   35  a complaint or discuss the facts to determine whether a formal
   36  investigation should be commenced. The term does not include
   37  discussions such as safety sessions, normal operational fire
   38  debriefings, and routine work-related discussions.
   39         (4) “Formal investigation” means the process of
   40  investigation ordered by supervisory or management personnel to
   41  determine if, after the supervisory personnel have previously
   42  determined that the firefighter shall be disciplined,
   43  reprimanded, suspended, or removed, during which the questioning
   44  of a firefighter is conducted for the purpose of gathering
   45  evidence of misconduct.
   46         (6) “Interrogation” means the questioning of a firefighter
   47  by an employing agency in connection with a formal investigation
   48  or an administrative proceeding but does shall not include
   49  arbitration or civil service proceedings. Questioning pursuant
   50  to an informal inquiry is shall not be deemed to be an
   51  interrogation.
   52         Section 2. Section 112.82, Florida Statutes, is amended to
   53  read:
   54         112.82 Rights of firefighters.—Whenever a firefighter is
   55  subjected to an interrogation or an informal inquiry, such
   56  processes must interrogation shall be conducted in accordance
   57  with pursuant to the terms of this section.
   58         (1) The interrogation or informal inquiry must shall take
   59  place at the facility where the investigating officer is
   60  assigned, or at the facility which has jurisdiction over the
   61  place where the incident under investigation allegedly occurred,
   62  as designated by the investigating officer.
   63         (2) A No firefighter may not shall be subjected to
   64  interrogation without first receiving written notice in of
   65  sufficient detail of the investigation in order to reasonably
   66  apprise the firefighter of the nature of the investigation. The
   67  firefighter must shall be informed beforehand of the names of
   68  all complainants. All identifiable witnesses must be interviewed
   69  before the beginning of the interrogation of the firefighter,
   70  when possible. The complaint, all witness statements, and all
   71  other existing evidence, including, but not limited to, incident
   72  reports, GPS locator information, and audio or video recordings
   73  relating to the incident under investigation, must be provided
   74  to each firefighter who is the subject of the complaint before
   75  he or she is interrogated. A firefighter may waive the rights
   76  provided under this section and provide a voluntary statement at
   77  any time after being informed of his or her right to review
   78  witness statements.
   79         (3) All interrogations and informal inquiries must shall be
   80  conducted at a reasonable time of day, preferably when the
   81  firefighter is on duty, unless the importance of the informal
   82  inquiry, interrogation, or investigation is of such a nature
   83  that immediate action is required.
   84         (4) The firefighter under investigation shall be informed
   85  of the name, rank, and unit or command of the officer in charge
   86  of the informal inquiry or investigation, the interrogators, and
   87  all persons present during any interrogation.
   88         (5) Interrogation and informal inquiry sessions must shall
   89  be of reasonable duration and the firefighter must be afforded
   90  shall be permitted reasonable periods for rest and personal
   91  necessities.
   92         (6) The firefighter may being interrogated shall not be
   93  subjected to offensive language; threatened with transfer,
   94  dismissal, or disciplinary action; or offered any incentive as
   95  an inducement to answer any questions.
   96         (7) A complete record of any interrogation must shall be
   97  made. Such record may be electronically recorded., and If a
   98  transcript of the such interrogation is made, the firefighter
   99  under investigation must receive a copy, upon request, without
  100  charge. If the firefighter requests a copy of the transcript, it
  101  must be provided within 72 hours, excluding weekends and
  102  holidays, after the interrogation shall be entitled to a copy
  103  without charge. Such record may be electronically recorded.
  104         (8) An employee or officer of an employing agency may
  105  represent the agency, and an employee organization may represent
  106  any member of a bargaining unit desiring such representation in
  107  any proceeding to which this part applies. If a collective
  108  bargaining agreement provides for the presence of a
  109  representative of the collective bargaining unit during
  110  investigations or interrogations, such representative shall be
  111  allowed to be present.
  112         (9) A No firefighter may not shall be discharged,
  113  disciplined, demoted, denied promotion or seniority,
  114  transferred, reassigned, or otherwise disciplined or
  115  discriminated against in regard to his or her employment, or be
  116  threatened with any such treatment as retaliation for or by
  117  reason solely of his or her exercise of any of the rights
  118  granted or protected by this part.
  119         (10) Any informal inquiry meeting conducted by supervisory
  120  or management personnel must be conducted within 72 hours of the
  121  initial allegation of misconduct. Any meeting regarding the
  122  allegation conducted more than 72 hours after the initial
  123  allegation is considered to be an interrogation. A firefighter
  124  may waive the rights provided under this section and voluntarily
  125  participate in an informal inquiry at any time.
  126         Section 3. Section 112.825, Florida Statutes, is created to
  127  read:
  128         112.825 Notice of disciplinary action.—
  129         (1) A dismissal, demotion, transfer, reassignment, or other
  130  disciplinary action that might result in loss of pay or benefits
  131  or that might otherwise be considered a punitive measure may not
  132  be taken against a firefighter unless the firefighter is
  133  notified of the action and the reason for the action before the
  134  effective date of the action.
  135         (2) A firefighter who is subject to disciplinary action
  136  that consists of suspension with loss of pay, demotion, or
  137  dismissal, or his or her representative, must, upon request, be
  138  given a complete copy of the investigative file, including the
  139  final investigative report and all evidence, by the employing
  140  agency. The firefighter must be given the opportunity to address
  141  the findings in the final investigative report with the
  142  employing agency before such disciplinary action is taken. The
  143  contents of the complaint and all information obtained pursuant
  144  to the subsequent investigation must remain confidential and
  145  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  146  Constitution as provided under s. 119.071(2)(k).
  147         Section 4. This act shall take effect July 1, 2020.