This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0935c.JDC
DATE: 4/11/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 935 Chiefs of Police
SPONSOR(S): Judiciary Committee, Constitutional Rights, Rule of Law & Government Operations
Subcommittee, Jacques and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 998
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Constitutional Rights, Rule of Law &
Government Operations Subcommittee
12 Y, 0 N, As CS Wagoner Miller
2) Judiciary Committee 23 Y, 0 N, As CS Padgett Kramer
3) State Affairs Committee
SUMMARY ANALYSIS
Municipalities are constitutionally granted all governmental, corporate, and proprietary powers necessary to
conduct municipal government, perform municipal functions, and render municipal services. Additionally,
municipalities are constitutionally authorized to exercise any power for municipal purposes except when
expressly prohibited by general or special law. Municipalities may create law enforcement agencies, which are
generally known as police departments, and may determine the employment and personnel policies for such
agencies. Such employment and personnel policies include the hiring and termination of law enforcement
officers and a chief of police.
CS/CS/HB 935 creates s. 166.0494, F.S., to prohibit a municipality from terminating a chief of police without
providing the chief of police written notice of his or her termination. Under the bill, after the chief of police
receives written notice of his or her termination, a municipality must allow the chief of police to appear at the
next regularly scheduled public meeting of the governing body of the municipality and allow the chief of police
an opportunity to provide a full and complete response to his or her termination.
The bill prohibits an employment contract between a municipality and a chief of police from:
Waiving or modifying any requirements of the bill; or
Including a nondisclosure clause that prohibits a chief of police from responding to his or her
termination at a public meeting.
The bill may have an indeterminate fiscal impact on municipalities that terminate a chief of police by requiring
such a municipality to provide written notice to a chief of police who is terminated and an opportunity to
respond at a public meeting.
The bill provides an effective date of July 1, 2023. STORAGE NAME: h0935c.JDC PAGE: 2
DATE: 4/11/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Municipal Law Enforcement Agencies
Municipalities are constitutionally granted all governmental, corporate, and proprietary powers
necessary to conduct municipal government, perform municipal functions, and render municipal
services. Additionally, municipalities are constitutionally authorized to exercise any power for municipal
purposes except when expressly prohibited by general or special law.
1
Municipalities may create law
enforcement agencies, which are generally known as police departments, and may determine the
employment and personnel policies for such agencies.
2
Such employment and personnel policies
include the hiring and termination of law enforcement officers
3
and a chief of police.
A chief of police has specified duties and obligations prescribed by statute, including:
Scheduling at least two law enforcement officers to be on duty at all times and ensuring each
officer has the ability to communicate directly with each other and respond to the other officer’s
request for assistance.
Establishing a means for a municipal law enforcement officer to communicate with a county
sheriff’s office and to request assistance from the sheriff.
Establishing a mutual aid agreement with other municipalities to allow a municipal law
enforcement officer to communicate with law enforcement agencies in other jurisdictions and to
request assistance from those agencies.
4
Some municipalities authorize a city manager to employ or appoint a chief of police but reserve final
authority to dismiss the chief to the governing body.
5
Other municipalities vest executive authority in the
mayor, with full authority to appoint or remove the chief of police.
6
Law Enforcement Officers’ Bill of Rights
Current law provides law enforcement officers and correctional officers with specified rights when they
are being investigated for misconduct by their own agencies. Chapter 112, part VI, F.S., commonly
known as the Law Enforcement Officers’ Bill of Rights (LEOBOR), provides specific rights when a law
enforcement officer or correctional officer is under investigation and subject to interrogation by
members of his or her agency for any reason that could lead to disciplinary action, suspension,
demotion, or dismissal. A chief of police is excluded from the definition of a “law enforcement officer” in
ch. 112, F.S. Thus, a chief of police is not eligible for protections in the LEOBOR granted to other
sworn law enforcement officers.
Effect of the Bill
CS/CS/HB 935 creates s. 166.0494, F.S., to prohibit a municipality from terminating a chief of police
without providing the chief of police written notice of his or her termination. Under the bill, after the chief
of police receives written notice of his or her termination, a municipality must allow the chief of police to
1
Art. VIII, s. 2(b), Fla. Const. See s. 166.021, F.S.
2
See ss. 166.049, 166.0493, 166.0495, F.S. See, e.g., Municipal Charter of the City of Tampa, art. V, s. 5.01(d).
3
A “law enforcement officer” is any person who is elected, appointed, or employed full time by any municipality or the state and vested
with authority to bear arms and to make arrests, and whose primary responsibility is the prevention and detection of crime, or
enforcement of the laws of the state. S. 943.10(1), F.S.
4
S. 166.049, F.S.
5
City of Miami, Code of Ordinances, ch. 42, s. 42-2, at https://library.municode.com/fl/miami/codes/code_of_ordinances?
nodeId=PTIITHCO_CH42PO_ARTIINGE_S42 -2APDIPODE (last visited Apr. 11, 2023).
6
Municipal Charter for the City of Pensacola, art. I, s. 4.01(1)(a); Municipal Charter for the City of Tampa, art. VI, s. 6.03. STORAGE NAME: h0935c.JDC PAGE: 3
DATE: 4/11/2023
appear at the next regularly scheduled public meeting of the governing body of the municipality and
allow the chief of police an opportunity to provide a full and complete response to his or her termination.
The bill prohibits an employment contract between a municipality and a chief of police from:
Waiving or modifying any requirements of the bill; or
Including a nondisclosure clause that prohibits a chief of police from responding to his or her
termination at a public meeting.
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Creates s. 166.0494, F.S., relating to chief of police; termination.
Section 2: Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may have an indeterminate fiscal impact on municipalities that terminate a chief of police by
requiring such a municipality to provide written notice to a chief of police who is terminated and an
opportunity to respond at a public meeting.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None. STORAGE NAME: h0935c.JDC PAGE: 4
DATE: 4/11/2023
B. RULE-MAKING AUTHORITY:
The bill neither requires nor provides authority for executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 28, 2023, the Constitutional Rights, Rule of Law & Government Operations Subcommittee
adopted one amendment and reported the bill favorably as a committee substitute. The amendment
clarified that a chief of police must receive written notice if the municipality terminates the chief’s
employment. If a chief of police is employed by an elected governing body, the chief must be placed on
the agenda of the next regularly scheduled meeting and be allowed to make a full response to the
termination. The bill also provides that these protections are not superseded by written employment or
non-disclosure agreements.
On April 11, 2023, the Judiciary Committee adopted an amendment and reported the bill favorably as a
committee substitute. The amendment:
Moved the bill language from s. 112.5321, F.S., relating to the LEOBOR, to a newly created
section in ch. 166, F.S., which relates to municipalities.
Narrowed the scope of the bill to apply only to a chief of police employed by a municipality.
Made technical changes to improve the clarity of the bill.
This analysis is drafted to the committee substitute adopted by the Judiciary Committee.