Florida Senate - 2023 SB 1086 By Senator Gruters 22-01636-23 20231086__ 1 A bill to be entitled 2 An act relating to the rights of law enforcement 3 officers; amending s. 112.532, F.S.; prohibiting a law 4 enforcement agency from issuing any disciplinary 5 action, suspension, demotion, or dismissal against a 6 law enforcement officer or correctional officer unless 7 certain conditions apply; authorizing the officer to 8 challenge such disciplinary action, suspension, 9 demotion, or dismissal administratively or in a court 10 of competent jurisdiction; amending s. 112.534, F.S.; 11 providing that an officer has the right to challenge a 12 specified violation administratively or in a court of 13 competent jurisdiction, if certain conditions exist; 14 providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1.Paragraph (a) of subsection (6) of section 19 112.532, Florida Statutes, is amended to read: 20 112.532Law enforcement officers and correctional 21 officers rights.All law enforcement officers and correctional 22 officers employed by or appointed to a law enforcement agency or 23 a correctional agency shall have the following rights and 24 privileges: 25 (6)LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS. 26 (a)1.Except as provided in this subsection, disciplinary 27 action, suspension, demotion, or dismissal may not be undertaken 28 by an agency against a law enforcement officer or correctional 29 officer for any act, omission, or other allegation or complaint 30 of misconduct, regardless of the origin of the allegation or 31 complaint, if the investigation of the allegation or complaint 32 is not completed within 180 days after the date the agency 33 receives notice of the allegation or complaint by a person 34 authorized by the agency to initiate an investigation of the 35 misconduct. If the agency determines that disciplinary action is 36 appropriate, it shall complete its investigation and give notice 37 in writing to the law enforcement officer or correctional 38 officer of its intent to proceed with disciplinary action, along 39 with a proposal of the specific action sought, including length 40 of suspension, if applicable. Notice to the officer must be 41 provided within 180 days after the date the agency received 42 notice of the alleged misconduct, regardless of the origin of 43 the allegation or complaint, except as follows: 44 a.1.The running of the limitations period may be tolled 45 for a period specified in a written waiver of the limitation by 46 the law enforcement officer or correctional officer. 47 b.2.The running of the limitations period is tolled during 48 the time that any criminal investigation or prosecution is 49 pending in connection with the act, omission, or other 50 allegation of misconduct. 51 c.3.If the investigation involves an officer who is 52 incapacitated or otherwise unavailable, the running of the 53 limitations period is tolled during the period of incapacitation 54 or unavailability. 55 d.4.In a multijurisdictional investigation, the 56 limitations period may be extended for a period of time 57 reasonably necessary to facilitate the coordination of the 58 agencies involved. 59 e.5.The running of the limitations period may be tolled 60 for emergencies or natural disasters during the time period 61 wherein the Governor has declared a state of emergency within 62 the jurisdictional boundaries of the concerned agency. 63 f.6.The running of the limitations period is tolled during 64 the time that the officers compliance hearing proceeding is 65 continuing beginning with the filing of the notice of violation 66 and a request for a hearing and ending with the written 67 determination of the compliance review panel or upon the 68 violation being remedied by the agency. 69 2.Disciplinary action, suspension, demotion, or dismissal 70 may not be undertaken by an agency against a law enforcement 71 officer or correctional officer unless the officer receives 72 notice of such disciplinary action, suspension, demotion, or 73 dismissal within 180 days after the date the agency received 74 notice of the alleged misconduct and none of the exceptions in 75 subparagraph 1. apply. If an officer is disciplined, suspended, 76 demoted, or dismissed without the proper notice, the officer may 77 appeal the issuance of such disciplinary action, suspension, 78 demotion, or dismissal administratively or in a court of 79 competent jurisdiction. 80 Section 2.Subsection (1) of section 112.534, Florida 81 Statutes, is amended to read: 82 112.534Failure to comply; official misconduct. 83 (1)(a)Notwithstanding s. 112.532(6), if any law 84 enforcement agency or correctional agency, including 85 investigators in its internal affairs or professional standards 86 division, or an assigned investigating supervisor, intentionally 87 fails to comply with the requirements of this part, the 88 following procedures apply. For purposes of this section, the 89 term law enforcement officer or correctional officer 90 includes the officers representative or legal counsel, except 91 in application of subparagraph 4 paragraph (d). 92 1.(a)The law enforcement officer or correctional officer 93 shall advise the investigator of the intentional violation of 94 the requirements of this part which is alleged to have occurred. 95 The officers notice of violation is sufficient to notify the 96 investigator of the requirements of this part which are alleged 97 to have been violated and the factual basis of each violation. 98 2.(b)If the investigator fails to cure the violation or 99 continues the violation after being notified by the law 100 enforcement officer or correctional officer, the officer shall 101 request the agency head or his or her designee be informed of 102 the alleged intentional violation. Once this request is made, 103 the interview of the officer shall cease, and the officers 104 refusal to respond to further investigative questions does not 105 constitute insubordination or any similar type of policy 106 violation. 107 3.(c)Thereafter, within 3 working days, a written notice 108 of violation and request for a compliance review hearing shall 109 be filed with the agency head or designee which must contain 110 sufficient information to identify the requirements of this part 111 which are alleged to have been violated and the factual basis of 112 each violation. All evidence related to the investigation must 113 be preserved for review and presentation at the compliance 114 review hearing. For purposes of confidentiality, the compliance 115 review panel hearing shall be considered part of the original 116 investigation. 117 4.(d)Unless otherwise remedied by the agency before the 118 hearing, a compliance review hearing must be conducted within 10 119 working days after the request for a compliance review hearing 120 is filed, unless, by mutual agreement of the officer and agency 121 or for extraordinary reasons, an alternate date is chosen. The 122 panel shall review the circumstances and facts surrounding the 123 alleged intentional violation. The compliance review panel shall 124 be made up of three members: one member selected by the agency 125 head, one member selected by the officer filing the request, and 126 a third member to be selected by the other two members. The 127 review panel members shall be law enforcement officers or 128 correctional officers who are active from the same law 129 enforcement discipline as the officer requesting the hearing. 130 Panel members may be selected from any state, county, or 131 municipal agency within the county in which the officer works. 132 The compliance review hearing shall be conducted in the county 133 in which the officer works. 134 5.(e)It is the responsibility of the compliance review 135 panel to determine whether or not the investigator or agency 136 intentionally violated the requirements provided under this 137 part. It may hear evidence, review relevant documents, and hear 138 argument before making such a determination; however, all 139 evidence received shall be strictly limited to the allegation 140 under consideration and may not be related to the disciplinary 141 charges pending against the officer. The investigative materials 142 are considered confidential for purposes of the compliance 143 review hearing and determination. 144 6.(f)The officer bears the burden of proof to establish 145 that the violation of this part was intentional. The standard of 146 proof for such a determination is by a preponderance of the 147 evidence. The determination of the panel must be made at the 148 conclusion of the hearing, in writing, and filed with the agency 149 head and the officer. 150 7.(g)If the alleged violation is sustained as intentional 151 by the compliance review panel, the agency head shall 152 immediately remove the investigator from any further involvement 153 with the investigation of the officer. Additionally, the agency 154 head shall direct an investigation be initiated against the 155 investigator determined to have intentionally violated the 156 requirements provided under this part for purposes of agency 157 disciplinary action. If that investigation is sustained, the 158 sustained allegations against the investigator shall be 159 forwarded to the Criminal Justice Standards and Training 160 Commission for review as an act of official misconduct or misuse 161 of position. 162 (b)If a violation of this part is discovered after the 163 conclusion of an interview or interrogation, or if the agency 164 fails to abide by this part, the officer has the right to appeal 165 the alleged violation administratively or in a court of 166 competent jurisdiction. 167 Section 3.This act shall take effect July 1, 2023.