SB 620 — Firefighters’ Bill of Rights

Florida Senate - 2020 CS for SB 620 By Senatorthe HooperCommittee 16-00917-20on 2020620__Governmental AOversight billand toAccountability; be entitled An act relating to the Firefighters’ Bill of Rights;

and Senator Hooper 585-02222-20 2020620c1 A bill to be entitled An act relating to the Firefighters’ Bill of Rights;

requiringspecifying thatapplication witnessesof be interviewed and certain informationrights beof providedfirefighters to ainformal firefighterinquiries; subjected to interrogation before the interrogation is conducted;

requiring that witnesses be interviewed and certain information be provided to a firefighter subjected to interrogation before an interrogation is conducted;

prohibitingspecifying arequirements firefighterand fromlimitations being threatened with certainrespect disciplinaryto actioninformal duringinquiries; the course of an interrogation;

prohibiting a firefighter from being threatened with certain disciplinary action;

specifying requirements for informal inquiry meetings;

2326 Be It Enacted by the Legislature of the State of Florida:

2528 Section 1. Subsections (3)(3), (4), and (6) of section 112.81, Florida Statutes, are amended to read:

(4) “Formal investigation” means the process of investigation ordered by supervisory or management personnel to determine if, after the supervisory personnel have previously determined that the firefighter shall be disciplined, reprimanded, suspended, or removed, during which the questioning of a firefighter is conducted for the purpose of gathering evidence of misconduct.

Questioning pursuant to an informal inquiry is considered shall not be deemed to be an interrogationinterrogation. for purposes of this part.

Section 2. Subsections2. Section (2), (6), (7), and (9) of section 112.82, Florida Statutes, areis amended to read:

112.82 Rights of firefighters.—Whenever a firefighter is subjected to an interrogation,interrogation or an informal inquiry, such processes must interrogation shall be conducted in accordance with pursuant to the terms of this section.

(1) The interrogation or informal inquiry must shall take place at the facility where the investigating officer is assigned, or at the facility which has jurisdiction over the place where the incident under investigation allegedly occurred, as designated by the investigating officer.

(6) The(3) All firefighterinterrogations beingand interrogatedinformal mayinquiries must shall not be subjectedconducted toat offensivea language;reasonable time of day, preferably when the firefighter is on duty, unless the importance of the informal inquiry, interrogation, or investigation is of such a nature that immediate action is required.

(4) The firefighter under investigation shall be informed of the name, rank, and unit or command of the officer in charge of the informal inquiry or investigation, the interrogators, and all persons present during any interrogation.

(5) Interrogation and informal inquiry sessions must shall be of reasonable duration and the firefighter must be afforded shall be permitted reasonable periods for rest and personal necessities.

(6) The firefighter may being interrogated shall not be subjected to offensive language;

(8) An employee or officer of an employing agency may represent the agency, and an employee organization may represent any member of a bargaining unit desiring such representation in any proceeding to which this part applies.

If a collective bargaining agreement provides for the presence of a representative of the collective bargaining unit during investigations or interrogations, such representative shall be allowed to be present.

(10) Any informal inquiry meeting conducted by supervisory or management personnel must be conducted within 72 hours of the initial allegation of misconduct.

Any meeting regarding the allegation conducted more than 72 hours after the initial allegation is considered to be an interrogation.

A firefighter may waive the rights provided under this section and voluntarily participate in an informal inquiry at any time.