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