Florida 2023 Regular Session

Florida House Bill H0927 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 927 2023
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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	14	A bill to be entitled 1
15	15	An act relating to rights of law enforcement officers 2
16	16	and correctional officers; amending s. 112.532, F.S.; 3
17	17	requiring specified notice before an agency can take 4
18	18	any disciplinary action against or suspend, demote, or 5
19	19	dismiss a law enforcement officer or correctional 6
20	20	officer; authorizing an officer to challenge certain 7
21	21	disciplinary action, suspension, demotion, or 8
22	22	dismissal in certain manners; amending s. 112.534, 9
23	23	F.S.; authorizing an officer to challenge specified 10
24	24	violations in certain manners; providing an effective 11
25	25	date. 12
26	26	13
27	27	Be It Enacted by the Legislature of the State of Florida: 14
28	28	15
29	29	Section 1. Paragraph (a) of subsection (6) of section 16
30	30	112.532, Florida Statut es, is amended to read: 17
31	31	112.532 Law enforcement officers' and correctional 18
32	32	officers' rights.—All law enforcement officers and correctional 19
33	33	officers employed by or appointed to a law enforcement agency or 20
34	34	a correctional agency shall have the following rig hts and 21
35	35	privileges: 22
36	36	(6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS. — 23
37	37	(a) Except as provided in this subsection, disciplinary 24
38	38	action, suspension, demotion, or dismissal may not be undertaken 25
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40	40	HB 927 2023
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45	45	hb0927-00
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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	by an agency against a law enforcement officer or correctiona l 26
52	52	officer for any act, omission, or other allegation or complaint 27
53	53	of misconduct, regardless of the origin of the allegation or 28
54	54	complaint, if the investigation of the allegation or complaint 29
55	55	is not completed within 180 days after the date the agency 30
56	56	receives notice of the allegation or complaint by a person 31
57	57	authorized by the agency to initiate an investigation of the 32
58	58	misconduct. If the agency determines that disciplinary action is 33
59	59	appropriate, it must shall complete its investigation and give 34
60	60	notice in writing to the law enforcement officer or correctional 35
61	61	officer of its intent to proceed with disciplinary action, along 36
62	62	with a proposal of the specific action sought, including length 37
63	63	of suspension, if applicable. Notice to the officer must be 38
64	64	provided within 180 days after the date the agency received 39
65	65	notice of the alleged misconduct, regardless of the origin of 40
66	66	the allegation or complaint, except as follows: 41
67	67	1. The running of the limitations period may be tolled for 42
68	68	a period specified in a written waiver of the limitation by the 43
69	69	law enforcement officer or correctional officer. 44
70	70	2. The running of the limitations period is tolled during 45
71	71	the time that any criminal investigation or prosecution is 46
72	72	pending in connection with the act, omission, or other 47
73	73	allegation of misconduct. 48
74	74	3. If the investigation involves an officer who is 49
75	75	incapacitated or otherwise unavailable, the running of the 50
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84	84	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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88	88	limitations period is tolled during the period of incapacitation 51
89	89	or unavailability. 52
90	90	4. In a multijurisdictional investigation, the limitations 53
91	91	period may be extended for a period of time reasonably necessary 54
92	92	to facilitate the coordination of the agencies involved. 55
93	93	5. The running of the limitations period may be tolled for 56
94	94	emergencies or natural disasters during the time period w herein 57
95	95	the Governor has declared a state of emergency within the 58
96	96	jurisdictional boundaries of the concerned agency. 59
97	97	6. The running of the limitations period is tolled during 60
98	98	the time that the officer's compliance hearing proceeding is 61
99	99	continuing beginning with the filing of the notice of violation 62
100	100	and a request for a hearing and ending with the written 63
101	101	determination of the compliance review panel or upon the 64
102	102	violation being remedied by the agency. 65
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104	104	Disciplinary action, suspension, demotion, or dismissal m ay not 67
105	105	be undertaken by an agency against a law enforcement officer or 68
106	106	correctional officer unless the officer receives notice of such 69
107	107	disciplinary action, suspension, demotion, or dismissal within 70
108	108	180 days after the date the agency received notice of the 71
109	109	alleged misconduct and none of the above exceptions apply. If an 72
110	110	officer is disciplined, suspended, demoted, or dismissed without 73
111	111	the proper notice, the officer may appeal the issuance of such 74
112	112	disciplinary action, suspension, demotion, or dismissal 75
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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	administratively or in a court of competent jurisdiction. 76
126	126	Section 2. Subsection (1) of section 112.534, Florida 77
127	127	Statutes, is amended to read: 78
128	128	112.534 Failure to comply; official misconduct. — 79
129	129	(1) Notwithstanding s. 112.532(6), if any law enforcement 80
130	130	agency or correctional agency, including investigators in its 81
131	131	internal affairs or professional standards division, or an 82
132	132	assigned investigating supervisor, intentionally fails to comply 83
133	133	with the requirements of this part, the follow ing procedures 84
134	134	apply. For purposes of this section, the term "law enforcement 85
135	135	officer" or "correctional officer" includes the officer's 86
136	136	representative or legal counsel, except in application of 87
137	137	paragraph (d). 88
138	138	(a) The law enforcement officer or correction al officer 89
139	139	shall advise the investigator of the intentional violation of 90
140	140	the requirements of this part which is alleged to have occurred. 91
141	141	The officer's notice of violation is sufficient to notify the 92
142	142	investigator of the requirements of this part which are alleged 93
143	143	to have been violated and the factual basis of each violation. 94
144	144	(b) If the investigator fails to cure the violation or 95
145	145	continues the violation after being notified by the law 96
146	146	enforcement officer or correctional officer, the officer shall 97
147	147	request the agency head or his or her designee be informed of 98
148	148	the alleged intentional violation. Once this request is made, 99
149	149	the interview of the officer shall cease, and the officer's 100
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158	158	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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162	162	refusal to respond to further investigative questions does not 101
163	163	constitute insubordination or any similar type of policy 102
164	164	violation. 103
165	165	(c) Thereafter, within 3 working days, a written notice of 104
166	166	violation and request for a compliance review hearing must shall 105
167	167	be filed with the agency head or designee and which must contain 106
168	168	sufficient information to identify the requirements of this part 107
169	169	that which are alleged to have been violated and the factual 108
170	170	basis of each violation. All evidence related to the 109
171	171	investigation must be preserved for review and presentation at 110
172	172	the compliance review hearing . For purposes of confidentiality, 111
173	173	the compliance review panel hearing is shall be considered part 112
174	174	of the original investigation. 113
175	175	(d) Unless otherwise remedied by the agency before the 114
176	176	hearing, a compliance review hearing must be conducted within 10 115
177	177	working days after the request for a compliance review hearing 116
178	178	is filed, unless, by mutual agreement of the officer and agency 117
179	179	or for extraordinary reasons, an alternate date is chosen. The 118
180	180	panel shall review the circumstances and facts surrounding the 119
181	181	alleged intentional violation. The compliance review panel is 120
182	182	shall be made up of three members: one member selected by the 121
183	183	agency head, one member selected by the officer filing the 122
184	184	request, and a third member to be selected by the other two 123
185	185	members. The review panel members must shall be law enforcement 124
186	186	officers or correctional officers who are active from the same 125
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195	195	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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199	199	law enforcement discipline as the officer requesting the 126
200	200	hearing. Panel members may be selected from any state, county, 127
201	201	or municipal agency within th e county in which the officer 128
202	202	works. The compliance review hearing must shall be conducted in 129
203	203	the county in which the officer works. 130
204	204	(e) It is the responsibility of the compliance review 131
205	205	panel to determine whether or not the investigator or agency 132
206	206	intentionally violated the requirements provided under this 133
207	207	part. It may hear evidence, review relevant documents, and hear 134
208	208	argument before making such a determination; however, all 135
209	209	evidence received must shall be strictly limited to the 136
210	210	allegation under conside ration and may not be related to the 137
211	211	disciplinary charges pending against the officer. The 138
212	212	investigative materials are considered confidential for purposes 139
213	213	of the compliance review hearing and determination. 140
214	214	(f) The officer bears the burden of proof to e stablish 141
215	215	that the violation of this part was intentional. The standard of 142
216	216	proof for such a determination is by a preponderance of the 143
217	217	evidence. The determination of the panel must be made at the 144
218	218	conclusion of the hearing, in writing, and filed with the age ncy 145
219	219	head and the officer. 146
220	220	(g) If the alleged violation is sustained as intentional 147
221	221	by the compliance review panel, the agency head shall 148
222	222	immediately remove the investigator from any further involvement 149
223	223	with the investigation of the officer. Additionally, the agency 150
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232	232	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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236	236	head shall direct an investigation be initiated against the 151
237	237	investigator determined to have intentionally violated the 152
238	238	requirements provided under this part for purposes of agency 153
239	239	disciplinary action. If that investigation is sustained, the 154
240	240	sustained allegations against the investigator must shall be 155
241	241	forwarded to the Criminal Justice Standards and Training 156
242	242	Commission for review as an act of official misconduct or misuse 157
243	243	of position. 158
244	244	(h) If a violation of this part is discovered after the 159
245	245	conclusion of an interview or interrogation, or the agency fails 160
246	246	to abide by the rights of the officer, the officer has the right 161
247	247	to appeal the alleged violation administratively or in a court 162
248	248	of competent jurisdiction. 163
249	249	Section 3. This act shall take effect July 1, 2023. 164