Bill Text: FL S0264 | 2022 | Regular Session | Introduced
Bill Title: Firefighter Inquiries and Investigations
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-17 - Laid on Table, refer to HB 31 [S0264 Detail]
Download: Florida-2022-S0264-Introduced.html
Florida Senate - 2022 SB 264 By Senator Hooper 16-00081A-22 2022264__ 1 A bill to be entitled 2 An act relating to firefighter inquiries and 3 investigations; amending s. 112.81, F.S.; reordering 4 and revising definitions; amending s. 112.82, F.S.; 5 providing that firefighters have certain rights during 6 an informal inquiry; providing that a firefighter may 7 not be threatened with certain disciplinary action 8 during an informal inquiry or interrogation; providing 9 an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 112.81, Florida Statutes, is amended to 14 read: 15 112.81 Definitions.—As used in this part: 16 (3)(1)“Firefighter” means a person who is certified in 17 compliance with s. 633.408 and who is employed solely within the 18 fire department or public safety department of an employing 19 agency as a full-time firefighter whose primary responsibility 20 is the prevention and extinguishment of fires; the protection of 21 life and property; and the enforcement of municipal, county, and 22 state fire prevention codes and laws pertaining to the 23 prevention and control of fires. 24 (2) “Employing agency” means any municipality or the state 25 or any political subdivision thereof, including authorities and 26 special districts, which employs firefighters. 27 (5)(3)“Informal inquiry” means a meeting by supervisory or 28 management personnel with a firefighter about whom an allegation 29 of misconduct has come to the attention of such supervisory or 30 management personnel, the purpose of which meeting is to mediate 31 a complaint or discuss the facts to determine whether a formal 32 investigation should be commenced. The term does not include 33 routine work-related discussions, such as safety sessions or 34 normal operational fire debriefings. 35 (4) “Formal investigation” means the process of 36 investigation ordered by supervisory or management personnel to 37 determine if, after the supervisory personnel have previously38determined thatthe firefighter shouldshallbe disciplined, 39 reprimanded, suspended, or removed, during which the questioning 40 of a firefighter is conducted for the purpose of gathering 41 evidence of misconduct. 42 (1)(5)“Administrative proceeding” means any nonjudicial 43 hearing which may result in the recommendation, approval, or 44 order of disciplinary action against, or suspension or discharge 45 of, a firefighter. 46 (6) “Interrogation” means the questioning of a firefighter 47 by an employing agency in connection with a formal investigation 48 or an administrative proceeding but doesshallnot include 49 arbitration or civil service proceedings. The term does not 50 include questioning duringpursuant toan informal inquiryshall51not be deemed to be an interrogation. 52 Section 2. Section 112.82, Florida Statutes, is amended to 53 read: 54 112.82 Rights of firefighters.—Whenever a firefighter is 55 subjected to an informal inquiry or interrogation, the inquiry 56 orsuchinterrogation mustshallbe conducted in accordance with 57pursuant to the terms ofthis section. 58 (1) AnTheinterrogation mustshalltake place at the 59 facility where the investigating officer is assigned, or at the 60 facility thatwhichhas jurisdiction over the place where the 61 incident under investigation allegedly occurred, as designated 62 by the investigating officer. 63 (2) ANofirefighter may notshallbe subjected to 64 interrogation without first receiving written notice inof65 sufficient detail of the formal investigation in order to 66 reasonably apprise the firefighter of the nature of the 67 investigation. The firefighter mustshallbe informed beforehand 68 of the names of all complainants. 69 (3) All interrogations mustshallbe conducted at a 70 reasonable time of day, preferably when the firefighter is on 71 duty, unless the importance of the interrogationor72investigationis of such a nature that immediate action is 73 required. 74 (4) The firefighter under formal investigation mustshall75 be informed of the name, rank, and unit or command of the 76 officer in charge of the investigation, the interrogators, and 77 all persons present during any interrogation. 78 (5) Informal inquiries and interrogation sessions must 79shallbe of reasonable duration, and the firefighter mustshall80 be permitted reasonable periods for rest and personal 81 necessities. 82 (6) During an informal inquiry or interrogation, the 83 firefighter maybeing interrogated shallnot be subjected to 84 offensive language; threatened with a transfer, suspension, 85 dismissal, or other disciplinary action; or offered any 86 incentive as an inducement to answer any questions. 87 (7) A complete record of any interrogation mustshallbe 88 made, and if a transcript of such interrogation is made, the 89 firefighter under formal investigation isshall beentitled to a 90 copy of the transcript without charge. Such record may be 91 electronically recorded. 92 (8) An employee or officer of an employing agency may 93 represent the agency, and an employee organization may represent 94 any member of a bargaining unit desiring such representation in 95 any proceeding to which this part applies. If a collective 96 bargaining agreement provides for the presence of a 97 representative of the collective bargaining unit during 98 investigations or interrogations, such representative shall be 99 allowed to be present. 100 (9) ANofirefighter may notshallbe discharged, 101 disciplined, demoted, denied promotion or seniority, 102 transferred, reassigned, or otherwise disciplined or 103 discriminated against in regard to his or her employment, or be 104 threatened with any such treatment, as retaliation for or by 105 reason solely of his or her exercise of any of the rights 106 granted or protected by this part. 107 Section 3. This act shall take effect July 1, 2022.