Florida Senate - 2020              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 884
       
       
       
       
       
                               Ì571032mÎ571032                          
       
       576-03900-20                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    1                        A bill to be entitled                      
    2         An act relating to law enforcement and correctional
    3         officers; reordering and amending s. 112.531, F.S.;
    4         revising definitions; amending s. 112.532, F.S.;
    5         specifying that an allegation or complaint of
    6         misconduct against a law enforcement officer or a
    7         correctional officer may originate from any source;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 112.531, Florida Statutes, is reordered
   13  and amended to read:
   14         112.531 Definitions.—As used in this part, the term:
   15         (2)(1) “Law enforcement officer” means any person, other
   16  than a chief of police, who is employed full time or part time
   17  by any municipality or the state or any political subdivision
   18  thereof and whose primary responsibility is the prevention and
   19  detection of crime or the enforcement of the penal, traffic, or
   20  highway laws of this state; and includes any person who is
   21  appointed by the sheriff as a deputy sheriff under pursuant to
   22  s. 30.07.
   23         (1)(2) “Correctional officer” means any person, other than
   24  a warden, who is appointed or employed full time or part time by
   25  the state or any political subdivision thereof whose primary
   26  responsibility is the supervision, protection, care, custody, or
   27  control of inmates within a correctional institution; and
   28  includes correctional probation officers, as defined in s.
   29  943.10(3). However, the term “correctional officer” does not
   30  include any secretarial, clerical, or professionally trained
   31  personnel.
   32         Section 2. Paragraph (a) of subsection (6) of section
   33  112.532, Florida Statutes, is amended to read:
   34         112.532 Law enforcement officers’ and correctional
   35  officers’ rights.—All law enforcement officers and correctional
   36  officers employed by or appointed to a law enforcement agency or
   37  a correctional agency shall have the following rights and
   38  privileges:
   39         (6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.—
   40         (a) Except as provided in this subsection, disciplinary
   41  action, suspension, demotion, or dismissal may not be undertaken
   42  by an agency against a law enforcement officer or correctional
   43  officer for any act, omission, or other allegation or complaint
   44  of misconduct, regardless of the origin of the allegation or
   45  complaint, if the investigation of the allegation or complaint
   46  is not completed within 180 days after the date the agency
   47  receives notice of the allegation or complaint by a person
   48  authorized by the agency to initiate an investigation of the
   49  misconduct. If the agency determines that disciplinary action is
   50  appropriate, it shall complete its investigation and give notice
   51  in writing to the law enforcement officer or correctional
   52  officer of its intent to proceed with disciplinary action, along
   53  with a proposal of the specific action sought, including length
   54  of suspension, if applicable. Notice to the officer must be
   55  provided within 180 days after the date the agency received
   56  notice of the alleged misconduct, regardless of the origin of
   57  the allegation or complaint, except as follows:
   58         1. The running of the limitations period may be tolled for
   59  a period specified in a written waiver of the limitation by the
   60  law enforcement officer or correctional officer.
   61         2. The running of the limitations period is tolled during
   62  the time that any criminal investigation or prosecution is
   63  pending in connection with the act, omission, or other
   64  allegation of misconduct.
   65         3. If the investigation involves an officer who is
   66  incapacitated or otherwise unavailable, the running of the
   67  limitations period is tolled during the period of incapacitation
   68  or unavailability.
   69         4. In a multijurisdictional investigation, the limitations
   70  period may be extended for a period of time reasonably necessary
   71  to facilitate the coordination of the agencies involved.
   72         5. The running of the limitations period may be tolled for
   73  emergencies or natural disasters during the time period wherein
   74  the Governor has declared a state of emergency within the
   75  jurisdictional boundaries of the concerned agency.
   76         6. The running of the limitations period is tolled during
   77  the time that the officer’s compliance hearing proceeding is
   78  continuing beginning with the filing of the notice of violation
   79  and a request for a hearing and ending with the written
   80  determination of the compliance review panel or upon the
   81  violation being remedied by the agency.
   82         Section 3. This act shall take effect July 1, 2020.