Bill Amendment: FL S0620 | 2020 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Firefighters' Bill of Rights

Status: 2020-03-14 - Died in Rules [S0620 Detail]

Download: Florida-2020-S0620-Senate_Committee_Amendment_882796.html

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       Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 620
       
       
       
       
       
       
                                Ì882796`Î882796                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Governmental Oversight and Accountability
       (Hooper) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (3), (4), and (6) of section 112.81,
    6  Florida Statutes, are amended to read:
    7         112.81 Definitions.—As used in this part:
    8         (3) “Informal inquiry” means a meeting by supervisory or
    9  management personnel with a firefighter about whom an allegation
   10  of misconduct has come to the attention of such supervisory or
   11  management personnel, the purpose of which meeting is to mediate
   12  a complaint or discuss the facts to determine whether a formal
   13  investigation should be commenced. The term does not include
   14  discussions such as safety sessions, normal operational fire
   15  debriefings, and routine work-related discussions.
   16         (4) “Formal investigation” means the process of
   17  investigation ordered by supervisory or management personnel to
   18  determine if, after the supervisory personnel have previously
   19  determined that the firefighter shall be disciplined,
   20  reprimanded, suspended, or removed, during which the questioning
   21  of a firefighter is conducted for the purpose of gathering
   22  evidence of misconduct.
   23         (6) “Interrogation” means the questioning of a firefighter
   24  by an employing agency in connection with a formal investigation
   25  or an administrative proceeding but does shall not include
   26  arbitration or civil service proceedings. Questioning pursuant
   27  to an informal inquiry is shall not be deemed to be an
   28  interrogation.
   29         Section 2. Section 112.82, Florida Statutes, is amended to
   30  read:
   31         112.82 Rights of firefighters.—Whenever a firefighter is
   32  subjected to an interrogation or an informal inquiry, such
   33  processes must interrogation shall be conducted in accordance
   34  with pursuant to the terms of this section.
   35         (1) The interrogation or informal inquiry must shall take
   36  place at the facility where the investigating officer is
   37  assigned, or at the facility which has jurisdiction over the
   38  place where the incident under investigation allegedly occurred,
   39  as designated by the investigating officer.
   40         (2) A No firefighter may not shall be subjected to
   41  interrogation without first receiving written notice in of
   42  sufficient detail of the investigation in order to reasonably
   43  apprise the firefighter of the nature of the investigation. The
   44  firefighter must shall be informed beforehand of the names of
   45  all complainants. All identifiable witnesses must be interviewed
   46  before the beginning of the interrogation of the firefighter,
   47  when possible. The complaint, all witness statements, and all
   48  other existing evidence, including, but not limited to, incident
   49  reports, GPS locator information, and audio or video recordings
   50  relating to the incident under investigation, must be provided
   51  to each firefighter who is the subject of the complaint before
   52  he or she is interrogated. A firefighter may waive the rights
   53  provided under this section and provide a voluntary statement at
   54  any time after being informed of his or her right to review
   55  witness statements.
   56         (3) All interrogations and informal inquiries must shall be
   57  conducted at a reasonable time of day, preferably when the
   58  firefighter is on duty, unless the importance of the informal
   59  inquiry, interrogation, or investigation is of such a nature
   60  that immediate action is required.
   61         (4) The firefighter under investigation shall be informed
   62  of the name, rank, and unit or command of the officer in charge
   63  of the informal inquiry or investigation, the interrogators, and
   64  all persons present during any interrogation.
   65         (5) Interrogation and informal inquiry sessions must shall
   66  be of reasonable duration and the firefighter must be afforded
   67  shall be permitted reasonable periods for rest and personal
   68  necessities.
   69         (6) The firefighter may being interrogated shall not be
   70  subjected to offensive language; threatened with transfer,
   71  dismissal, or disciplinary action; or offered any incentive as
   72  an inducement to answer any questions.
   73         (7) A complete record of any interrogation must shall be
   74  made. Such record may be electronically recorded., and If a
   75  transcript of the such interrogation is made, the firefighter
   76  under investigation must receive a copy, upon request, without
   77  charge. If the firefighter requests a copy of the transcript, it
   78  must be provided within 72 hours, excluding weekends and
   79  holidays, after the interrogation shall be entitled to a copy
   80  without charge. Such record may be electronically recorded.
   81         (8) An employee or officer of an employing agency may
   82  represent the agency, and an employee organization may represent
   83  any member of a bargaining unit desiring such representation in
   84  any proceeding to which this part applies. If a collective
   85  bargaining agreement provides for the presence of a
   86  representative of the collective bargaining unit during
   87  investigations or interrogations, such representative shall be
   88  allowed to be present.
   89         (9) A No firefighter may not shall be discharged,
   90  disciplined, demoted, denied promotion or seniority,
   91  transferred, reassigned, or otherwise disciplined or
   92  discriminated against in regard to his or her employment, or be
   93  threatened with any such treatment as retaliation for or by
   94  reason solely of his or her exercise of any of the rights
   95  granted or protected by this part.
   96         (10) Any informal inquiry meeting conducted by supervisory
   97  or management personnel must be conducted within 72 hours of the
   98  initial allegation of misconduct. Any meeting regarding the
   99  allegation conducted more than 72 hours after the initial
  100  allegation is considered to be an interrogation. A firefighter
  101  may waive the rights provided under this section and voluntarily
  102  participate in an informal inquiry at any time.
  103         Section 3. Section 112.825, Florida Statutes, is created to
  104  read:
  105         112.825 Notice of disciplinary action.—
  106         (1) A dismissal, demotion, transfer, reassignment, or other
  107  disciplinary action that might result in loss of pay or benefits
  108  or that might otherwise be considered a punitive measure may not
  109  be taken against a firefighter unless the firefighter is
  110  notified of the action and the reason for the action before the
  111  effective date of the action.
  112         (2) A firefighter who is subject to disciplinary action
  113  that consists of suspension with loss of pay, demotion, or
  114  dismissal, or his or her representative, must, upon request, be
  115  given a complete copy of the investigative file, including the
  116  final investigative report and all evidence, by the employing
  117  agency. The firefighter must be given the opportunity to address
  118  the findings in the final investigative report with the
  119  employing agency before such disciplinary action is taken. The
  120  contents of the complaint and all information obtained pursuant
  121  to the subsequent investigation must remain confidential and
  122  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  123  Constitution as provided under s. 119.071(2)(k).
  124         Section 4. This act shall take effect July 1, 2020.
  125  
  126  ================= T I T L E  A M E N D M E N T ================
  127  And the title is amended as follows:
  128         Delete everything before the enacting clause
  129  and insert:
  130                        A bill to be entitled                      
  131         An act relating to the Firefighters’ Bill of Rights;
  132         amending s. 112.81, F.S.; revising definitions;
  133         amending s. 112.82, F.S.; specifying application of
  134         certain rights of firefighters to informal inquiries;
  135         requiring that witnesses be interviewed and certain
  136         information be provided to a firefighter subjected to
  137         interrogation before an interrogation is conducted;
  138         authorizing a firefighter to provide a voluntary
  139         statement at any time after being informed of a
  140         certain right; specifying requirements and limitations
  141         with respect to informal inquiries; prohibiting a
  142         firefighter from being threatened with certain
  143         disciplinary action; requiring that a copy of the
  144         interrogation be provided to a firefighter within a
  145         specified timeframe, upon request; specifying
  146         requirements for informal inquiry meetings; creating
  147         s. 112.825, F.S.; requiring that a firefighter be
  148         notified and provided certain information before
  149         certain disciplinary actions are taken; requiring that
  150         a firefighter be given the opportunity to address
  151         certain findings; requiring that certain information
  152         be kept confidential and exempt in accordance with
  153         existing law; providing an effective date.