HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 31 Firefighter Inquiries and Investigations
SPONSOR(S): Busatta Cabrera and others
TIED BILLS: IDEN./SIM. BILLS: SB 264
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Government Operations Subcommittee 15 Y, 0 N Villa Toliver
2) Civil Justice & Property Rights Subcommittee 16 Y, 0 N Mathews Jones
3) State Affairs Committee 22 Y, 0 N Villa Williamson
SUMMARY ANALYSIS
The Firefighters’ Bill of Rights provides specific rights for a firefighter who is under formal investigation and
subject to interrogation for a reason that could lead to disciplinary action. However, the Firefighters’ Bill of
Rights does not apply to questioning during an informal inquiry into an instance of alleged misconduct of a
firefighter. Whenever an employing agency receives an allegation of misconduct, management personnel first
conduct an informal inquiry to determine if a formal investigation should be opened against the firefighter. After
a formal investigation has commenced, questioning related to the investigation is considered an interrogation
and must be conducted pursuant to the Firefighters’ Bill of Rights.
The bill extends certain provisions of the Firefighters’ Bill of Rights to questioning conducted under an informal
inquiry. Similar to interrogations currently subject to the Firefighters’ Bill of Rights, the bill requires an informal
inquiry of a firefighter to:
Be of reasonable duration with permitted periods for rest and personal necessities; and
Not subject the firefighter to offensive language or offer any incentive as an inducement to answer any
questions.
The bill provides that during an informal inquiry or interrogation, a firefighter may not be threatened with a
transfer, suspension, dismissal, or any other disciplinary action. The bill authorizes an employee organization
to represent any member of a bargaining unit desiring such representation in an informal inquiry.
Additionally, the bill provides that a firefighter under informal inquiry may not be discharged, disciplined,
demoted, denied promotion or seniority, transferred, reassigned, or otherwise disciplined or discriminated
against, or threatened with such action, solely for exercising rights under the Firefighters’ Bill of Rights.
The bill provides that a “formal investigation” means the process of investigation ordered by supervisory or
management personnel to determine if a firefighter should be disciplined as opposed to occurring after the
supervisory personnel have determined that discipline is appropriate. In addition, the bill specifies that an
“informal inquiry” does not include routine work-related discussions, such as safety sessions or normal
operational fire debriefings.
The bill may have an insignificant fiscal impact on state and local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0031e.SAC
DATE: 1/13/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
The Firefighters’ Bill of Rights provides specific rights for a firefighter1 who is under investigation and
subject to interrogation.2 There is a similar law for law enforcement and correctional officers known as
the Law Enforcement Officers’ Bill of Rights.3
Currently, whenever an employing agency4 receives an allegation of misconduct regarding one of its
firefighters, management personnel may conduct an informal inquiry5 to determine whether a formal
investigation6 should be conducted. Informal inquiries are not subject to the requirements of the
Firefighters’ Bill of Rights. Such requirements only attach if, after an informal inquiry, the employing
agency determines a formal investigation is necessary. After a formal investigation has been ordered,
questioning related to the investigation is considered an interrogation7 and must be conducted in
compliance with the Firefighters’ Bill of Rights.
Under the Firefighters’ Bill of Rights, before an interrogation may begin, the firefighter must receive
written notice informing him or her of the nature of the investigation, and must also be informed of all
complainants’ identities.8 The interrogation must take place either where the investigating officer is
assigned or in the jurisdiction where the alleged misconduct occurred.9 Additionally, the interrogation
may be no longer than is reasonably necessary and must be conducted at a reasonable time of day,
preferably when the firefighter is on duty, unless immediate action is required. 10 The firefighter under
investigation must be informed of the head investigator’s and interrogator’s credentials as well as the
credentials of any other persons present, and may not be subjected to offensive language or offered
any incentive as an inducement to answer any questions. 11 During the interrogation, the firefighter may
be represented by an employee organization if he or she is a member of a bargaining unit and desires
such representation.12 If a collective bargaining agreement provides for a representative of the
bargaining unit to be present during any investigation or interrogation, such representative must be
1 The term “firefighter” means a person who is certified in compliance with s. 633.408, F.S., and who is employed solely within the
fire department or public safety department of an employing agency as a full-time firefighter whose primary responsibility is the
prevention and extinguishment of fires; the protection of life and property; and the enforcement of municipal, county, and state fir e
prevention codes and laws pertaining to the prevention and control of fires. Section 112.81(1), F.S.
2 Chapter 112, Part VIII, F.S.
3 Chapter 112, Part VI, F.S.
4 The term “employing agency” means any municipality or the state or any political subdivision thereof, including authorities and
special districts, which employs firefighters. Section 112.81(2), F.S.
5 The term “informal inquiry” means a meeting by supervisory or management personnel with a firefighter about whom an allegation
of misconduct has come to the attention of such supervisory or management personnel, the purpose of which meeting is to media te a
complaint or discuss the facts to determine whether a formal investigation should be commenced. Section 112.81(3), F.S.
6 The term “formal investigation” means the process of investigation ordered by supervisory personnel, after the supervisory personnel
have previously determined that the firefighter must be reprimanded, suspended, or removed, during which the questioning of a
firefighter is conducted for the purpose of gathering evidence of misconduct. Section 112.81(4), F.S.
7 The term “interrogation” means the questioning of a firefighter by an employing agency in connection with a formal investigation or
an administrative proceeding but does not include arbitration or civil service proceedings. Questioning pursuant to an informal inquiry
may not be deemed to be an interrogation. Section 112.81(6), F.S. The term “administrative proceeding” means any non-judicial
hearing that may result in the recommendation, approval, or order of disciplinary action against, or suspension or discharge of, a
firefighter. Section 112.81(5), F.S.
8 Section 112.82(2), F.S.
9 Section 112.82(1), F.S.
10 Section 112.82(5) and (3).
11 Section 112.82(4) and (6).
12 Section 112.82(8), F.S.
STORAGE NAME: h0031e.SAC PAGE: 2
DATE: 1/13/2022
allowed to attend.13 A complete record of any interrogation must be made, and if a transcript is made,
the firefighter under investigation is entitled to a copy without charge.14
The Firefighters’ Bill of Rights prohibits a firefighter from being discharged, disciplined, demoted, denied
promotion or seniority, transferred, reassigned, or otherwise disciplined or discriminated against, or
threatened with such action solely for exercising his or her rights under the Firefighters’ Bill of Rights. 15
If the employing agency fails to comply with the Firefighters’ Bill of Rights, the firefighter may seek an
injunction in circuit court to restrain and enjoin the violation and obligate the agency to complete the
process as required by law.16
Effect of the Bill
The bill extends some of the rights enumerated in the Firefighters’ Bill of Rights to questioning
conducted under an informal inquiry. However, some provisions of the Firefighters’ Bill of Rights still do
not apply to a questioning conducted under an informal inquiry. Specifically, since a formal investigation
has not been opened on a firefighter under an informal inquiry, the firefighter cannot be informed of the
nature of the formal investigation before questioning, and cannot be informed of the head investigator’s
or interrogator’s credentials. Additionally, the bill does not require the firefighter to be informed of the
identities of all complainants, specify where or when the informal inquiry must take place, require an
informal inquiry to take place at a reasonable time of day, or require a complete record of the informal
inquiry to be made.
The bill requires an informal inquiry of a firefighter to:
Be of reasonable duration with permitted periods for rest and personal necessities; and
Not subject the firefighter to offensive language or offer any incentive as an inducement to
answer any questions.
The bill provides that during an informal inquiry or interrogation, a firefighter may not be threatened with
a transfer, suspension, dismissal, or other disciplinary action. The bill authorizes an employee
organization to represent any member of a bargaining unit desiring such representation in an informal
inquiry.
Additionally, the bill provides that a firefighter under informal inquiry may not be discharged, disciplined,
demoted, denied promotion or seniority, transferred, reassigned, or otherwise disciplined or
discriminated against, or threatened with such action, solely for exercising the aforementioned rights.
The bill provides that a “formal investigation” means the process of investigation ordered by supervisory
or management personnel to determine if a firefighter should be disciplined as opposed to occurring
after the supervisory personnel have determined that discipline is appropriate. Lastly, the bill specifies
that an “informal inquiry” does not include routine work-related discussions, such as safety sessions or
normal operational fire debriefings.
B. SECTION DIRECTORY:
Section 1 amends s. 112.81, F.S., relating to definitions applicable to the Firefighters’ Bill of Rights.
Section 2 amends s. 112.82, F.S., relating to the rights of firefighters.
Section 3 provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
13 Id.
14 Section 112.82(7), F.S.
15 Section 112.82(9), F.S.
16 Section 112.83, F.S.
STORAGE NAME: h0031e.SAC PAGE: 3
DATE: 1/13/2022
1. Revenues:
None.
2. Expenditures:
The bill may require the employing agency to amend its internal policies and procedures, which will
likely be absorbed within existing resources.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may require the employing agency to amend its internal policies and procedures, which will
likely be absorbed within existing resources.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
an action requiring the expenditures of funds; reduce the authority that counties and municipalities
have to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties
or municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not require rulemaking nor confer or alter an agency’s rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.
STORAGE NAME: h0031e.SAC PAGE: 4
DATE: 1/13/2022
Statutes affected: H 31 Filed: 112.81, 112.82
H 31 er: 112.81, 112.82