The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: SB 1086
INTRODUCER: Senator Gruters
SUBJECT: Rights of Law Enforcement Officers
DATE: March 10, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Cellon Stokes CJ Favorable
2. GO
3. RC
I. Summary:
SB 1086 amends provisions contained in part VI of ch. 112, F.S., commonly referred to as the
“Law Enforcement Officer’s Bill of Rights.” The bill provides for an additional right, and
permits a law enforcement officer or a correctional officer who is under consideration for
disciplinary action by his or her agency to seek redress, if the agency fails to follow the
disciplinary process in the “Officer’s Bill of Rights” and related statutes.
1
The bill amends s. 112.532, F.S., to provide that if an agency undertakes disciplinary action,
suspension, demotion, or dismissal against a law enforcement officer or a correctional officer,
the officer must receive notice within 180 days after the agency receives notice of the alleged
misconduct when none of the specified tolling exceptions
2
apply. If the agency does not comply
with the notice provision, and an officer is disciplined, suspended, demoted, or dismissed, the
bill provides that the officer may appeal the issuance of the disciplinary action administratively
or in a court of competent jurisdiction.
Additionally, the bill amends s. 112.534, F.S., to convey upon the officer a right to appeal
administratively or in a court of competent jurisdiction if a violation of s. 112.534, F.S., is
discovered after an interview or interrogation, or if the agency fails to abide by the Law
Enforcement Officer’s Bill of Rights, and related provisions.
3
Law enforcement agencies and the Department of Corrections may incur additional costs of
litigation as a result of the bill’s provisions although the fiscal impact is unquantifiable.
The bill becomes effective July 1, 2023.
1
Part VI of ch. 112, F.S.
2
Section 112.532(6)(a), F.S.; See footnote 7 for a complete list of the exceptions.
3
Part VI of ch. 112, F.S.; See ss. 112.531-112.535, F.S.
REVISED: BILL: SB 1086 Page 2
II. Present Situation:
Law Enforcement Officers’ Bill of Rights
Section 112.532, F.S., commonly known as the “Law Enforcement Officers’ Bill of Rights”
provides specific rights when a law enforcement officer or a correctional officer is under
investigation and subject to interrogation for a reason which could lead to a disciplinary action,
demotion, or dismissal. These rights generally include:
• The right to be informed of the nature of the investigation and the evidence against the law
enforcement officer or correctional officer before any interrogation;
• The right to counsel during any interrogation;
• The right to be notified of the reasons for any disciplinary action before it is imposed;
• The right to a transcript of any interrogation;
• The right to a complete copy of the investigatory file; and
• The right to address the findings in the investigatory report with the agency before the
disciplinary action is imposed.
4
Additionally, these rights provide the conditions under which any interrogation of the officer
must be conducted, including limitations on the time, place, manner, and length of the
interrogation, and restriction on the interrogation techniques.
5
Notice of Disciplinary Action
A dismissal, demotion, transfer, reassignment, or other personnel action that might result in loss
of pay or benefits or that might otherwise be considered a punitive measure may not be taken
against any law enforcement officer or correctional officer unless the law enforcement officer or
correctional officer is notified of the action and the reason or reasons for the action before the
effective date of the action.
6
No disciplinary action, demotion, or dismissal may be taken unless the investigation is
completed within 180 days of receipt of a notice of a complaint against an officer.
7
Notice to the
officer must be provided within 180 days after the date the agency received notice of the alleged
misconduct, by a person authorized by the agency to initiate an investigation, regardless of the
origin of the allegation or complaint.
8
If the agency determines that disciplinary action is
appropriate, it shall complete its investigation and give notice in writing to the law enforcement
officer or correctional officer of its intent to proceed with disciplinary action, along with a
proposal of the specific action sought, including length of suspension, if applicable.
9
4
Section 112.532(1)(a), (1)(b), (1)(c), (1)(e), and (1)(f), F.S.
5
Section 112.532(1)(d), (1)(g), (1)(i), (4)(a), and (4)(b), F.S.
6
Section 112.532(4)(a), F.S.
7
Section 112.532(6), F.S.
8
Section 112.532(6)(a), F.S.
9
Note that s. 112.532(6)(a)1.-6., F.S., contains certain exceptions to the 180-day limitation on completing an investigation.
The running of the limitations period may be tolled for a period specified in a written waiver of the limitation by the law
enforcement officer or correctional officer. The running of the limitations period is tolled during the time that any criminal
investigation or prosecution is pending in connection with the act, omission, or other allegation of misconduct. If the
investigation involves an officer who is incapacitated or otherwise unavailable, the running of the limitations period is tolled
during the period of incapacitation or unavailability. In a multijurisdictional investigation, the limitations period may be BILL: SB 1086 Page 3
An investigation against a law enforcement officer or correctional officer may be reopened if
significant new evidence has been discovered that is likely to affect the outcome of the
investigation, and such evidence could not have reasonably been discovered in the normal course
of the investigation or the evidence resulted from the predisciplinary response of the officer.
Such an investigation must be completed within 90 days after the date it was reopened.
10
Agency Non-Compliance
Section 112.534, F.S., provides a method of recourse for an officer who alleges that any law
enforcement agency or correctional agency, including investigators in its internal affairs or
professional standards division, or an assigned investigating supervisor, intentionally failed to
comply with the requirements of Part VI of ch. 112, F.S., related to an investigation of a
complaint against that officer.
11
The officer must advise the investigator of the intentional violation of the requirements of this
part which is alleged to have occurred. The officer’s notice of violation is sufficient to notify the
investigator of the requirements of this part which are alleged to have been violated and the
factual basis of each violation.
12
If the investigator fails to cure the violation or continues the violation after being notified by the
law enforcement officer or correctional officer, the officer shall request the agency head or his or
her designee be informed of the alleged intentional violation.
13
Once this request is made, the
interview of the officer shall cease, and the officer’s refusal to respond to further investigative
questions does not constitute insubordination or any similar type of policy violation.
14
Thereafter, within 3 working days, a written notice of violation and request for a compliance
review hearing shall be filed with the agency head or designee that must contain sufficient
information to identify the requirements of part VI of ch. 112, F.S., which are alleged to have
been violated and the factual basis of each violation. All evidence related to the investigation
must be preserved for review and presentation at the compliance review hearing. For purposes of
confidentiality, the compliance review panel hearing shall be considered part of the original
investigation.
15
Unless otherwise remedied by the agency before the hearing, a compliance review hearing must
be conducted within 10 working days after the request for a compliance review hearing is filed,
extended for a period of time reasonably necessary to facilitate the coordination of the agencies involved. The running of the
limitations period may be tolled for emergencies or natural disasters during the time period wherein the Governor has
declared a state of emergency within the jurisdictional boundaries of the concerned agency. The running of the limitations
period is tolled during the time that the officer’s compliance hearing proceeding is continuing beginning with the filing of the
notice of violation and a request for a hearing and ending with the written determination of the compliance review panel or
upon the violation being remedied by the agency.
10
Section 112.532(6)(b), F.S.
11
Part VI of ch. 112, F.S., pertains to law enforcement and correctional officers. See ss. 112.531-112.535, F.S.
12
Section 112.534(1)(a), F.S.
13
Section 112.534(1)(b), F.S.
14
Id.
15
Section 112.534(1)(c), F.S. BILL: SB 1086 Page 4
unless, by mutual agreement of the officer and agency or for extraordinary reasons, an alternate
date is chosen. The compliance review panel shall review the circumstances and facts
surrounding the alleged intentional violation.
16
Section 112.534(1)(d), F.S., sets forth the composition of compliance review panels, which hold
compliance review hearings when requested by an officer with a complaint.
17
It is the
responsibility of the compliance review panel to determine whether the investigator or agency
intentionally violated the requirements provided under part VI of ch. 112, F.S. The panel may
hear evidence, review relevant documents, and hear argument before making a determination.
All evidence received shall be strictly limited to the allegation under consideration and may not
be related to the disciplinary charges pending against the officer.
18
The officer bears the burden
of proof in the hearing. The determination of the panel must be made at the conclusion of the
hearing, in writing, and filed with the agency head and the officer.
19
If the alleged violation is sustained as intentional by the compliance review panel, the agency
head shall immediately remove the investigator from any further involvement with the
investigation of the officer. Additionally, the agency head shall direct an investigation be
initiated against the investigator for purposes of agency disciplinary action. If that investigation
is sustained, the sustained allegations against the investigator shall be forwarded to the Criminal
Justice Standards and Training Commission for review as an act of official misconduct or misuse
of position.
20
Although the aggrieved officer may seek redress through the compliance review panel process
under the circumstances described above, it appears that other avenues of complaint are
unavailable. For example, s. 112.534(2)(b), F.S., specifies that the provisions of ch. 120, F.S.,
“do not apply” to part VI of ch. 112, F.S.
21
Chapter 120, F.S., is the Administrative Procedure
Act. This statutory prohibition against an officer seeking relief in the administrative law system
became effective on July 1, 2009.
22
In the same 2009 law, the following language was stricken from s. 112.534(g), F.S.: “[A] law
enforcement officer or correctional officer employed by or appointed to such agency who is
personally injured by such failure to comply may apply directly to the circuit court of the county
wherein such agency is headquartered and permanently resides for an injunction to restrain and
16
Section 112.534(1)(d), F.S.
17
The compliance review panel shall be made up of three members: one member selected by the agency head, one member
selected by the officer filing the request, and a third member to be selected by the other two members. The review panel
members shall be law enforcement officers or correctional officers who are active from the same law enforcement discipline
as the officer requesting the hearing. Panel members may be selected from any state, county, or municipal agency within the
county in which the officer works.
18
Section 112.534(1)(e), F.S.
19
Section 112.534(1)(f), F.S.
20
Section 112.534(1)(g), F.S. The Criminal Justice Standards and Training Commission is authorized to certify, and revoke
the certification of officers, instructors, including agency in-service training instructors, and criminal justice training schools.
Section 943.12(3), F.S. “Officer” means any person employed or appointed as a full-time, part-time, or auxiliary law
enforcement officer, correctional officer, or correctional probation officer. Section 943.10(14), F.S.
21
Chapter 120, F.S., is the Administrative Procedure Act.
22
Chapter 2009-200, L.O.F. BILL: SB 1086 Page 5
enjoin such violation of the provisions of this part and to compel the performance of the duties
imposed by this part.”
23
III. Effect of Proposed Changes:
The bill amends provisions contained in part VI of ch. 112, F.S., commonly referred to as the
“Law Enforcement Officer’s Bill of Rights.” The bill provides for an additional right, and
permits a law enforcement officer or a correctional officer who is under consideration for
disciplinary action by his or her agency to seek redress, if the agency fails to follow the
disciplinary process in the “Officer’s Bill of Rights” and related statutes.
24
The bill amends s. 112.532, F.S., to provide that if an agency undertakes disciplinary action,
suspension, demotion, or dismissal against a law enforcement officer or a correctional officer,
the officer must receive notice within 180 days after the agency receives notice of the alleged
misconduct when none of the specified tolling exceptions,
25
apply.
If the agency does not comply with the notice provision, and an officer is disciplined, suspended,
demoted, or dismissed, the bill provides that the officer may appeal the issuance of the
disciplinary action administratively or in a court of competent jurisdiction.
Additionally, the bill amends s. 112.534, F.S., to convey upon the officer a right to appeal
administratively or in a court of competent jurisdiction if a violation of s. 112.534, F.S., is
discovered after an interview or interrogation, or if the agency fails to abide by the Law
Enforcement Officer’s Bill of Rights, and related provisions.
26
The bill, therefore, gives an officer options for redress if the officer believes he or she has been
wronged in the disciplinary process that were not available since the law was changed in 2009.
Law enforcement agencies and the Department of Corrections may incur additional costs of
litigation as a result of the bill’s provisions although the fiscal impact is unquantifiable.
The bill becomes effective July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
23
Id.
24
Part VI of ch. 112, F.S.
25
Section112.532(6)(a), F.S.; See footnote 7 for a complete list of the exceptions.
26
Part VI of ch. 112, F.S.; See ss. 112.531-112.535, F.S. BILL: SB 1086 Page 6
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Law enforcement agencies and the Department of Corrections may incur additional costs
of litigation although the fiscal impact is unquantifiable.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 112.532 and
112.534.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None. BILL: SB 1086 Page 7
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.