Bill Text: FL S0998 | 2023 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Chiefs of Police

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2023-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 935 (Ch. 2023-282) [S0998 Detail]

Download: Florida-2023-S0998-Introduced.html

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       Florida Senate - 2023                                     SB 998
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-00845A-23                                           2023998__
    1                        A bill to be entitled                      
    2         An act relating to chiefs of police; amending s.
    3         112.531, F.S.; defining terms; creating s. 112.5321,
    4         F.S.; providing legislative findings and intent;
    5         providing rights of chiefs of police; requiring an
    6         aggrieved chief of police to provide his or her
    7         employing agency with a certain written notice within
    8         a specified timeframe; requiring an employing agency
    9         to cure an alleged violation within a specified
   10         timeframe; providing an exception; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Present subsections (1) and (2) of section
   16  112.531, Florida Statutes, are redesignated as subsections (2)
   17  and (4), respectively, and new subsections (1) and (3) are added
   18  to that section, to read:
   19         112.531 Definitions.—As used in this part, the term:
   20         (1) “Chief of police” means a person, other than an elected
   21  official, who is appointed or employed full time by the state or
   22  any political subdivision thereof to be the chief law
   23  enforcement officer of a law enforcement agency and who is not
   24  covered by the protections under s. 112.532. The term does not
   25  include state law enforcement agency executives whose
   26  appointment or employment is governed by other provisions of
   27  law.
   28         (3) “Employing agency” has the same meaning as in s.
   29  943.10(4).
   30         Section 2. Section 112.5321, Florida Statutes, is created
   31  to read:
   32         112.5321 Rights of chiefs of police.—
   33         (1) The Legislature recognizes that a chief of police is
   34  accountable for the direction and actions of the law enforcement
   35  agency he or she leads. The Legislature also recognizes the
   36  critical importance of allowing the chief of police to
   37  communicate directly with the public, including the press, and
   38  allowing the chief of police to manage his or her law
   39  enforcement agency without political influence or interference
   40  in order to increase and maintain the public trust and exercise
   41  the authority of the chief of police. The Legislature finds that
   42  communities deserve the opportunity to participate in any
   43  hearing in which the termination of the community’s chief of
   44  police is being discussed, and the reasons for which a chief of
   45  police is being terminated should be a matter of public record.
   46  The Legislature also finds that law enforcement agencies that
   47  terminate the chief of police without public transparency often
   48  have problems with agency morale, recruitment and retention of
   49  law enforcement officers, and the stability of the relationship
   50  between law enforcement officers and the community.
   51  Additionally, the Legislature recognizes the importance of
   52  protecting public safety, community stability, government
   53  transparency, and accountability and confidence within law
   54  enforcement agencies. Therefore, the Legislature intends to
   55  prohibit the arbitrary termination of a chief of police.
   56         (2) A person employed or appointed as a chief of police:
   57         (a) May not be terminated by his or her employing agency
   58  without being provided written notice, including just cause for
   59  the termination, and the opportunity to defend himself or
   60  herself against the termination at a public meeting or hearing.
   61  This paragraph does not supersede any written employment
   62  contract or agreement that provides employment, discipline, or
   63  termination standards or procedures.
   64         (b) May be represented by counsel, including at the public
   65  meeting or hearing under paragraph (a), at his or her request.
   66         (c) May not be discharged; disciplined; demoted; denied a
   67  promotion, transfer, or reassignment; or otherwise discriminated
   68  against in regard to his or her employment or appointment, or be
   69  threatened with any such treatment, for exercising any of the
   70  rights provided in this subsection.
   71         (d) May bring a civil action against any person, group of
   72  persons, organization, or corporation, or the head of such
   73  organization or corporation, for damages, pecuniary or
   74  otherwise, suffered during the performance of official duties,
   75  for abridgment of civil rights arising out of the performance of
   76  official duties, or for a false complaint when the complainant
   77  knew it was false.
   78         (3) A chief of police who is aggrieved by an alleged
   79  violation of subsection (2) shall provide written notice to his
   80  or her employing agency within 3 days after the alleged
   81  violation which must contain specific information relating to
   82  the alleged violation. The employing agency shall cure the
   83  alleged violation within 5 days after receipt of the written
   84  notification unless a longer time period is agreed to in writing
   85  by both parties.
   86         Section 3. This act shall take effect July 1, 2023.