Florida Senate - 2023                                    SB 1086
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-01636-23                                           20231086__
    1                        A bill to be entitled                      
    2         An act relating to the rights of law enforcement
    3         officers; amending s. 112.532, F.S.; prohibiting a law
    4         enforcement agency from issuing any disciplinary
    5         action, suspension, demotion, or dismissal against a
    6         law enforcement officer or correctional officer unless
    7         certain conditions apply; authorizing the officer to
    8         challenge such disciplinary action, suspension,
    9         demotion, or dismissal administratively or in a court
   10         of competent jurisdiction; amending s. 112.534, F.S.;
   11         providing that an officer has the right to challenge a
   12         specified violation administratively or in a court of
   13         competent jurisdiction, if certain conditions exist;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (a) of subsection (6) of section
   19  112.532, Florida Statutes, is amended to read:
   20         112.532 Law enforcement officers’ and correctional
   21  officers’ rights.—All law enforcement officers and correctional
   22  officers employed by or appointed to a law enforcement agency or
   23  a correctional agency shall have the following rights and
   24  privileges:
   25         (6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.—
   26         (a)1. Except as provided in this subsection, disciplinary
   27  action, suspension, demotion, or dismissal may not be undertaken
   28  by an agency against a law enforcement officer or correctional
   29  officer for any act, omission, or other allegation or complaint
   30  of misconduct, regardless of the origin of the allegation or
   31  complaint, if the investigation of the allegation or complaint
   32  is not completed within 180 days after the date the agency
   33  receives notice of the allegation or complaint by a person
   34  authorized by the agency to initiate an investigation of the
   35  misconduct. If the agency determines that disciplinary action is
   36  appropriate, it shall complete its investigation and give notice
   37  in writing to the law enforcement officer or correctional
   38  officer of its intent to proceed with disciplinary action, along
   39  with a proposal of the specific action sought, including length
   40  of suspension, if applicable. Notice to the officer must be
   41  provided within 180 days after the date the agency received
   42  notice of the alleged misconduct, regardless of the origin of
   43  the allegation or complaint, except as follows:
   44         a.1. The running of the limitations period may be tolled
   45  for a period specified in a written waiver of the limitation by
   46  the law enforcement officer or correctional officer.
   47         b.2. The running of the limitations period is tolled during
   48  the time that any criminal investigation or prosecution is
   49  pending in connection with the act, omission, or other
   50  allegation of misconduct.
   51         c.3. If the investigation involves an officer who is
   52  incapacitated or otherwise unavailable, the running of the
   53  limitations period is tolled during the period of incapacitation
   54  or unavailability.
   55         d.4. In a multijurisdictional investigation, the
   56  limitations period may be extended for a period of time
   57  reasonably necessary to facilitate the coordination of the
   58  agencies involved.
   59         e.5. The running of the limitations period may be tolled
   60  for emergencies or natural disasters during the time period
   61  wherein the Governor has declared a state of emergency within
   62  the jurisdictional boundaries of the concerned agency.
   63         f.6. The running of the limitations period is tolled during
   64  the time that the officer’s compliance hearing proceeding is
   65  continuing beginning with the filing of the notice of violation
   66  and a request for a hearing and ending with the written
   67  determination of the compliance review panel or upon the
   68  violation being remedied by the agency.
   69         2.Disciplinary action, suspension, demotion, or dismissal
   70  may not be undertaken by an agency against a law enforcement
   71  officer or correctional officer unless the officer receives
   72  notice of such disciplinary action, suspension, demotion, or
   73  dismissal within 180 days after the date the agency received
   74  notice of the alleged misconduct and none of the exceptions in
   75  subparagraph 1. apply. If an officer is disciplined, suspended,
   76  demoted, or dismissed without the proper notice, the officer may
   77  appeal the issuance of such disciplinary action, suspension,
   78  demotion, or dismissal administratively or in a court of
   79  competent jurisdiction.
   80         Section 2. Subsection (1) of section 112.534, Florida
   81  Statutes, is amended to read:
   82         112.534 Failure to comply; official misconduct.—
   83         (1)(a)Notwithstanding s. 112.532(6), if any law
   84  enforcement agency or correctional agency, including
   85  investigators in its internal affairs or professional standards
   86  division, or an assigned investigating supervisor, intentionally
   87  fails to comply with the requirements of this part, the
   88  following procedures apply. For purposes of this section, the
   89  term “law enforcement officer” or “correctional officer”
   90  includes the officer’s representative or legal counsel, except
   91  in application of subparagraph 4 paragraph (d).
   92         1.(a) The law enforcement officer or correctional officer
   93  shall advise the investigator of the intentional violation of
   94  the requirements of this part which is alleged to have occurred.
   95  The officer’s notice of violation is sufficient to notify the
   96  investigator of the requirements of this part which are alleged
   97  to have been violated and the factual basis of each violation.
   98         2.(b) If the investigator fails to cure the violation or
   99  continues the violation after being notified by the law
  100  enforcement officer or correctional officer, the officer shall
  101  request the agency head or his or her designee be informed of
  102  the alleged intentional violation. Once this request is made,
  103  the interview of the officer shall cease, and the officer’s
  104  refusal to respond to further investigative questions does not
  105  constitute insubordination or any similar type of policy
  106  violation.
  107         3.(c) Thereafter, within 3 working days, a written notice
  108  of violation and request for a compliance review hearing shall
  109  be filed with the agency head or designee which must contain
  110  sufficient information to identify the requirements of this part
  111  which are alleged to have been violated and the factual basis of
  112  each violation. All evidence related to the investigation must
  113  be preserved for review and presentation at the compliance
  114  review hearing. For purposes of confidentiality, the compliance
  115  review panel hearing shall be considered part of the original
  116  investigation.
  117         4.(d) Unless otherwise remedied by the agency before the
  118  hearing, a compliance review hearing must be conducted within 10
  119  working days after the request for a compliance review hearing
  120  is filed, unless, by mutual agreement of the officer and agency
  121  or for extraordinary reasons, an alternate date is chosen. The
  122  panel shall review the circumstances and facts surrounding the
  123  alleged intentional violation. The compliance review panel shall
  124  be made up of three members: one member selected by the agency
  125  head, one member selected by the officer filing the request, and
  126  a third member to be selected by the other two members. The
  127  review panel members shall be law enforcement officers or
  128  correctional officers who are active from the same law
  129  enforcement discipline as the officer requesting the hearing.
  130  Panel members may be selected from any state, county, or
  131  municipal agency within the county in which the officer works.
  132  The compliance review hearing shall be conducted in the county
  133  in which the officer works.
  134         5.(e) It is the responsibility of the compliance review
  135  panel to determine whether or not the investigator or agency
  136  intentionally violated the requirements provided under this
  137  part. It may hear evidence, review relevant documents, and hear
  138  argument before making such a determination; however, all
  139  evidence received shall be strictly limited to the allegation
  140  under consideration and may not be related to the disciplinary
  141  charges pending against the officer. The investigative materials
  142  are considered confidential for purposes of the compliance
  143  review hearing and determination.
  144         6.(f) The officer bears the burden of proof to establish
  145  that the violation of this part was intentional. The standard of
  146  proof for such a determination is by a preponderance of the
  147  evidence. The determination of the panel must be made at the
  148  conclusion of the hearing, in writing, and filed with the agency
  149  head and the officer.
  150         7.(g) If the alleged violation is sustained as intentional
  151  by the compliance review panel, the agency head shall
  152  immediately remove the investigator from any further involvement
  153  with the investigation of the officer. Additionally, the agency
  154  head shall direct an investigation be initiated against the
  155  investigator determined to have intentionally violated the
  156  requirements provided under this part for purposes of agency
  157  disciplinary action. If that investigation is sustained, the
  158  sustained allegations against the investigator shall be
  159  forwarded to the Criminal Justice Standards and Training
  160  Commission for review as an act of official misconduct or misuse
  161  of position.
  162         (b)If a violation of this part is discovered after the
  163  conclusion of an interview or interrogation, or if the agency
  164  fails to abide by this part, the officer has the right to appeal
  165  the alleged violation administratively or in a court of
  166  competent jurisdiction.
  167         Section 3. This act shall take effect July 1, 2023.