Bill Text: FL S0998 | 2023 | Regular Session | Comm Sub

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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-Comm_Sub.html

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       Florida Senate - 2023                              CS for SB 998
       
       
        
       By the Committee on Criminal Justice; and Senator Burgess
       
       
       
       
       
       591-03136-23                                           2023998c1
    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 exceptions; 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 without
   56  the chief being provided written notice and an opportunity to
   57  defend himself or herself against termination at a public
   58  meeting or hearing.
   59         (2) A person employed or appointed as a chief of police:
   60         (a) May not be terminated by his or her employing agency
   61  without being provided written notice, including just cause for
   62  the termination, and the opportunity to defend himself or
   63  herself against the termination at a public meeting or hearing.
   64  This paragraph does not supersede any written employment
   65  contract or agreement that provides employment, discipline, or
   66  termination standards or procedures.
   67         (b) May be represented by counsel, including at the public
   68  meeting or hearing under paragraph (a), at his or her request.
   69         (c) May not be discharged; disciplined; demoted; denied a
   70  promotion, transfer, or reassignment; or otherwise discriminated
   71  against in regard to his or her employment or appointment, or be
   72  threatened with any such treatment, for exercising any of the
   73  rights provided in this subsection.
   74         (3) A chief of police who is aggrieved by an alleged
   75  violation of subsection (2) shall provide written notice to his
   76  or her employing agency within 3 days after the alleged
   77  violation which must contain specific information relating to
   78  the alleged violation. The employing agency shall cure the
   79  alleged violation within 5 days after receipt of the written
   80  notification unless a longer time period is agreed to in writing
   81  by both parties or is necessary to satisfy notice requirements
   82  for notice of a public meeting or hearing pursuant to s.
   83  286.011.
   84         Section 3. This act shall take effect July 1, 2023.