HB 935 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 chiefs of police; amending s. 2
112.531, F.S.; providing definitions; creating s. 3
112.5321, F.S.; providing legislative findings and 4
intent; providing rights of chiefs of police; 5
requiring certain written notice; requiring an 6
employing agency to cure an alleged violation within a 7
specified time period; providing an exception; 8
providing an effective date. 9
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Be It Enacted by the Legisl ature of the State of Florida: 11
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Section 1. Subsections (1) and (2) of section 112.531, 13
Florida Statutes, are renumbered as subsections (2) and (4), 14
respectively, and new subsections (1) and (3) are added to that 15
section to read: 16
112.531 Definitions. —As used in this part, the term: 17
(1) "Chief of police" means a person, other than an 18
elected official, who is appointed or employed full time by the 19
state or any political subdivision thereof to be the chief law 20
enforcement officer of a law enforcement ag ency and who is not 21
covered by the protections under s. 112.532. The term does not 22
include state law enforcement agency executives whose 23
appointment or employment is governed by other provisions of 24
law. 25
HB 935 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
(3) "Employing agency" has the same meaning as in s . 26
943.10(4). 27
Section 2. Section 112.5321, Florida Statutes, is created 28
to read: 29
112.5321 Rights of chiefs of police. — 30
(1) The Legislature recognizes that a chief of police is 31
accountable for the direction and actions of the law enforcement 32
agency he or she leads. The Legislature also recognizes the 33
critical importance of allowing the chief of police to 34
communicate directly with the public, including the press, and 35
allowing the chief of police to manage his or her law 36
enforcement agency without polit ical influence or interference 37
in order to increase and maintain the public trust and exercise 38
the authority of the chief of police. The Legislature finds that 39
communities deserve the opportunity to participate in any 40
hearing in which the termination of th e community's chief of 41
police is being discussed, and the reasons for which a chief of 42
police is being terminated should be a matter of public record. 43
The Legislature also finds that law enforcement agencies that 44
terminate the chief of police without publi c transparency often 45
have problems with agency morale, recruitment and retention of 46
law enforcement officers, and stability of the relationship 47
between law enforcement officers and the community. 48
Additionally, the Legislature recognizes the importance of 49
protecting public safety, community stability, government 50
HB 935 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
transparency, and accountability and confidence within law 51
enforcement agencies. Therefore, the Legislature intends to 52
prohibit the arbitrary termination of a chief of police. 53
(2) A person employed or appointed as a chief of police: 54
(a) May not be terminated by his or her employing agency 55
without being provided written notice, including just cause for 56
the termination, and the opportunity to defend himself or 57
herself against the termination at a pu blic meeting or hearing. 58
This paragraph does not supersede any written employment 59
contract or agreement that provides employment, discipline, or 60
termination standards or procedures. 61
(b) May be represented by counsel, including at the public 62
meeting or hearing under paragraph (a), at his or her request. 63
(c) May not be discharged; disciplined; demoted; denied 64
promotion, transfer, or reassignment; or otherwise discriminated 65
against in regard to his or her employment or appointment, or be 66
threatened with any such treatment, for exercising any of the 67
rights provided in this subsection. 68
(d) May bring a civil action against any person, group of 69
persons, organization, or corporation, or the head of such 70
organization or corporation, for damages, pecuniary or 71
otherwise, suffered during the performance of official duties, 72
for abridgment of civil rights arising out of the performance of 73
official duties, or for a false complaint when the complainant 74
knew it was false. 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
(3) A chief of police who is aggrieved by an alleged 76
violation of subsection (2) shall provide written notice to his 77
or her employing agency within 3 days after the alleged 78
violation which must contain specific information relating to 79
the alleged violatio n. The employing agency shall cure the 80
alleged violation within 5 days after receipt of the written 81
notification unless a longer time period is agreed to in writing 82
by both parties. 83
Section 3. This act shall take effect July 1, 2023. 84