Florida 2022 Regular Session

Florida House Bill H0031 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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10	10		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to firefighter inquiries and 2
16	16		investigations; amending s. 112.81, F.S.; reordering 3
17	17		and revising definitions; amending s. 112.82, F.S.; 4
18	18		providing that firefighters have certain rights during 5
19	19		an informal inquiry and not just an interrogation; 6
20	20		providing that a firefighter may not be subjected to 7
21	21		certain disciplinary action during an informal inquiry 8
22	22		or interrogation; providing an effective date. 9
23	23		10
24	24		Be It Enacted by the Legislature of the State of Florida: 11
25	25		12
26	26		Section 1. Section 112.81, Florida Statutes, is amended to 13
27	27		read: 14
28	28		112.81 Definitions. —As used in this part: 15
29	29		(3)(1) "Firefighter" means a person who is certified in 16
30	30		compliance with s. 633.408 and who is employed solely within the 17
31	31		fire department or public safety department of an employing 18
32	32		agency as a full-time firefighter whose primary responsibility 19
33	33		is the prevention and extinguishment of fires; the protection of 20
34	34		life and property; and the en forcement of municipal, county, and 21
35	35		state fire prevention codes and laws pertaining to the 22
36	36		prevention and control of fires. 23
37	37		(2) "Employing agency" means any municipality or the state 24
38	38		or any political subdivision thereof, including authorities and 25
39		-	~~ENROLLED~~
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47	47		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51		special districts, which employs firefighters. 26
52	52		(5)(3) "Informal inquiry" means a meeting by supervisory 27
53	53		or management personnel with a firefighter about whom an 28
54	54		allegation of misconduct has come to the attention of such 29
55	55		supervisory or management personnel, the purpose of which 30
56	56		meeting is to mediate a complaint or discuss the facts to 31
57	57		determine whether a formal investigation should be commenced. 32
58	58		The term does not include routine work -related discussions, such 33
59	59		as safety sessions or normal operational fire debriefi ngs. 34
60	60		(4) "Formal investigation" means the process of 35
61	61		investigation ordered by supervisory or management personnel, to 36
62	62		determine if after the supervisory personnel have previously 37
63	63		determined that the firefighter should shall be disciplined, 38
64	64		reprimanded, suspended, or removed, during which the questioning 39
65	65		of a firefighter is conducted for the purpose of gathering 40
66	66		evidence of misconduct. 41
67	67		(1)(5) "Administrative proceeding" means any nonjudicial 42
68	68		hearing which may result in the recommendation, approval, or 43
69	69		order of disciplinary action against, or suspension or discharge 44
70	70		of, a firefighter. 45
71	71		(6) "Interrogation" means the questioning of a firefighter 46
72	72		by an employing agency in connection with a formal investigation 47
73	73		or an administrative proceeding but does shall not include 48
74	74		arbitration or civil service proceedings. The term does not 49
75	75		include questioning during pursuant to an informal inquiry shall 50
76		-	~~ENROLLED~~
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88	88		not be deemed to be an interrogation . 51
89	89		Section 2. Section 112.82, Florida Statutes, is amended to 52
90	90		read: 53
91	91		112.82 Rights of firefighters.—Whenever a firefighter is 54
92	92		subjected to an informal inquiry or interrogation, the inquiry 55
93	93		or such interrogation must shall be conducted in accordance with 56
94	94		pursuant to the terms of this section. 57
95	95		(1) An The interrogation must shall take place at the 58
96	96		facility where the investigating officer is assigned, or at the 59
97	97		facility that which has jurisdiction over the place where the 60
98	98		incident under investigation allegedly occurred, as designated 61
99	99		by the investigating officer. 62
100	100		(2) A No firefighter may not shall be subjected to 63
101	101		interrogation without first receiving written notice in of 64
102	102		sufficient detail of the formal investigation in order to 65
103	103		reasonably apprise the firefighter of the nature of the 66
104	104		investigation. The firefighter must shall be informed beforehand 67
105	105		of the names of all complainants. 68
106	106		(3) All interrogations must shall be conducted at a 69
107	107		reasonable time of day, preferably when the firefighter is on 70
108	108		duty, unless the importance of the interrogation or 71
109	109		investigation is of such a nature that immediate action is 72
110	110		required. 73
111	111		(4) The firefighter under formal investigation must shall 74
112	112		be informed of the name, rank, and unit or command of the 75
113		-	~~ENROLLED~~
114		-	HB 31 2022 ~~Legislature~~
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121	121		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125		officer in charge of the investigation, the interrogators, and 76
126	126		all persons present during any interrogation. 77
127	127		(5) Informal inquiries and interrogation sessions must 78
128	128		shall be of reasonable duration and the firefighter must shall 79
129	129		be permitted reasonable periods for rest and personal 80
130	130		necessities. 81
131	131		(6) During an informal inquiry or interr ogation, the 82
132	132		firefighter may being interrogated shall not be subjected to 83
133	133		offensive language; threatened with a transfer, suspension, 84
134	134		dismissal, or other disciplinary action; or offered any 85
135	135		incentive as an inducement to answer any questions. 86
136	136		(7) A complete record of any interrogation must shall be 87
137	137		made, and if a transcript of such interrogation is made, the 88
138	138		firefighter under formal investigation is shall be entitled to a 89
139	139		copy of the transcript without charge. Such record may be 90
140	140		electronically recorded. 91
141	141		(8) An employee or officer of an employing agency may 92
142	142		represent the agency, and an employee organization may represent 93
143	143		any member of a bargaining unit desiring such representation in 94
144	144		any proceeding to which this part applies. If a collective 95
145	145		bargaining agreement provides for the presence of a 96
146	146		representative of the collective bargaining unit during 97
147	147		investigations or interrogations, such representative shall be 98
148	148		allowed to be present. 99
149	149		(9) A No firefighter may not shall be discharged, 100
150		-	~~ENROLLED~~
151		-	HB 31 2022 ~~Legislature~~
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162	162		disciplined, demoted, de nied promotion or seniority, 101
163	163		transferred, reassigned, or otherwise disciplined or 102
164	164		discriminated against in regard to his or her employment, or be 103
165	165		threatened with any such treatment as retaliation for or by 104
166	166		reason solely of his or her exercise of any of the rights 105
167	167		granted or protected by this part. 106
168	168		Section 3. This act shall take effect July 1, 2022. 107