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