HB 453 — Law Enforcement and Correctional Officers

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 HBCS/HB 453 2020 A bill to be entitled An act relating to law enforcement and correctional officers;

specifying that an allegation of misconduct may originate from any source,source; not just a person authorized to initiate an investigation;

amending s.

112.534, F.S.;

authorizing an officer to bring an action for injunctive relief if a law enforcement or correctional agency fails to comply with specified provisions;

providing a presumption of irreparable harm;

9 Be It Enacted by the Legislature of the State of Florida:

However, the term "correctional officer" does not Pageinclude 1any ofsecretarial, 5clerical, CODING:or professionally trained personnel.

(2)(1) "Law enforcement officer" means any person, other than a chief of police, who is employed full time or part time by any municipality or the state or any political subdivision Page 1 of 4 CODING:

hb0453-00hb0453-01-c1 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 HBCS/HB 453 2020 includethereof anyand secretarial,whose clerical,primary responsibility is the prevention and detection of crime or professionallythe trainedenforcement personnel.of the penal, traffic, or highway laws of this state;

(2)(1)and "Lawincludes enforcement officer" means any person,person other than a chief of police, who is employedappointed full time or part time by any municipality or the statesheriff oras anya politicaldeputy subdivisionsheriff thereofunder andpursuant whoseto primarys. responsibility is the prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of this state;

and includes any person who is appointed by the sheriff as a deputy sheriff pursuant to s.

(6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.— (a) Except as provided in this subsection, disciplinary action, suspension, demotion, or dismissal may not be undertaken by an agency against a law enforcement officer or correctional officer for any act, omission, or other allegation or complaint of misconduct, regardless of the origin of the allegation or complaint, if the investigation of the allegation or complaint is not completed within 180 days after the date the agency Pagereceives 2notice of 5the CODING:allegation or complaint by a person authorized by the agency to initiate an investigation of the misconduct.

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 Page 2 of 4 CODING:

hb0453-00hb0453-01-c1 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 HBCS/HB 453 2020 receivesofficer notice of theits allegationintent orto complaintproceed bywith adisciplinary personaction, authorizedalong bywith a proposal of the agencyspecific toaction initiatesought, anincluding investigationlength of thesuspension, misconduct.if applicable.

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.

Page5. 3 of 5 CODING:

Words stricken are deletions;

words underlined are additions.

hb0453-00 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 HB 453 2020 5.

The running of the limitations period is tolled during thePage time3 that the officer's compliance hearing proceeding is continuing beginning with the filing of the4 noticeCODING: 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.

Section 3.

Subsection (2) of section 112.534, Florida Statutes, is renumbered as subsection (3), and a new subsection (2) is added to that section, to read:

112.534 Failure to comply;

official misconduct.— (2) If any law enforcement agency or correctional agency, including investigators in its internal affairs or professional standards division, or an assigned investigating supervisor, fails to comply with the requirements of this part, or if the injury suffered by the law enforcement officer or correctional officer employed by or appointed to such agency is not capable of being remedied by a compliance review hearing, the officer who is personally injured by such failure to comply may file an action for injunctive relief in the circuit court where the agency is located to enforce the requirements of this part.

Clear and convincing evidence that an agency violated this part Page 4 of 5 CODING:

hb0453-00hb0453-01-c1 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 HBCS/HB 453 2020 constitutesthe irreparabletime harmthat the officer's compliance hearing proceeding is continuing beginning with the filing of the notice of violation and a request for purposesa hearing and ending with the written determination of injunctivethe relief.compliance review panel or upon the violation being remedied by the agency.

Section 4.3.

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