Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 884
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Hooper) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 112.531, Florida Statutes, is reordered
    6  and amended to read:
    7         112.531 Definitions.—As used in this part, the term:
    8         (2)(1) “Law enforcement officer” means any person, other
    9  than a chief of police, who is employed full time or part time
   10  by any municipality or the state or any political subdivision
   11  thereof and whose primary responsibility is the prevention and
   12  detection of crime or the enforcement of the penal, traffic, or
   13  highway laws of this state; and includes any person who is
   14  appointed by the sheriff as a deputy sheriff under pursuant to
   15  s. 30.07.
   16         (1)(2) “Correctional officer” means any person, other than
   17  a warden, who is appointed or employed full time or part time by
   18  the state or any political subdivision thereof whose primary
   19  responsibility is the supervision, protection, care, custody, or
   20  control of inmates within a correctional institution; and
   21  includes correctional probation officers, as defined in s.
   22  943.10(3). However, the term “correctional officer” does not
   23  include any secretarial, clerical, or professionally trained
   24  personnel.
   25         Section 2. Paragraph (a) of subsection (6) of section
   26  112.532, Florida Statutes, is amended to read:
   27         112.532 Law enforcement officers’ and correctional
   28  officers’ rights.—All law enforcement officers and correctional
   29  officers employed by or appointed to a law enforcement agency or
   30  a correctional agency shall have the following rights and
   31  privileges:
   32         (6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.—
   33         (a) Except as provided in this subsection, disciplinary
   34  action, suspension, demotion, or dismissal may not be undertaken
   35  by an agency against a law enforcement officer or correctional
   36  officer for any act, omission, or other allegation or complaint
   37  of misconduct, regardless of the origin of the allegation or
   38  complaint, if the investigation of the allegation or complaint
   39  is not completed within 180 days after the date the agency
   40  receives notice of the allegation or complaint by a person
   41  authorized by the agency to initiate an investigation of the
   42  misconduct. If the agency determines that disciplinary action is
   43  appropriate, it shall complete its investigation and give notice
   44  in writing to the law enforcement officer or correctional
   45  officer of its intent to proceed with disciplinary action, along
   46  with a proposal of the specific action sought, including length
   47  of suspension, if applicable. Notice to the officer must be
   48  provided within 180 days after the date the agency received
   49  notice of the alleged misconduct, regardless of the origin of
   50  the allegation or complaint, except as follows:
   51         1. The running of the limitations period may be tolled for
   52  a period specified in a written waiver of the limitation by the
   53  law enforcement officer or correctional officer.
   54         2. The running of the limitations period is tolled during
   55  the time that any criminal investigation or prosecution is
   56  pending in connection with the act, omission, or other
   57  allegation of misconduct.
   58         3. If the investigation involves an officer who is
   59  incapacitated or otherwise unavailable, the running of the
   60  limitations period is tolled during the period of incapacitation
   61  or unavailability.
   62         4. In a multijurisdictional investigation, the limitations
   63  period may be extended for a period of time reasonably necessary
   64  to facilitate the coordination of the agencies involved.
   65         5. The running of the limitations period may be tolled for
   66  emergencies or natural disasters during the time period wherein
   67  the Governor has declared a state of emergency within the
   68  jurisdictional boundaries of the concerned agency.
   69         6. The running of the limitations period is tolled during
   70  the time that the officer’s compliance hearing proceeding is
   71  continuing beginning with the filing of the notice of violation
   72  and a request for a hearing and ending with the written
   73  determination of the compliance review panel or upon the
   74  violation being remedied by the agency.
   75         Section 3. This act shall take effect July 1, 2020.
   76  
   77  ================= T I T L E  A M E N D M E N T ================
   78  And the title is amended as follows:
   79         Delete everything before the enacting clause
   80  and insert:
   81                        A bill to be entitled                      
   82         An act relating to law enforcement and correctional
   83         officers; reordering and amending s. 112.531, F.S.;
   84         revising definitions; amending s. 112.532, F.S.;
   85         specifying that an allegation or complaint of
   86         misconduct against a law enforcement officer or a
   87         correctional officer may originate from any source;
   88         providing an effective date.