CopyCited 17 times | Published | District Court, M.D. Florida | 1977 U.S. Dist. LEXIS 13356
...ges, the plaintiff deliberately waived his right to due process and excused the college from any further Fourteenth Amendment obligations. Id. at 285-86. When the present case was begun, plaintiffs claimed a de jure property interest under Fla.Stat. §
112.531 et seq., "The Police Officers' Bill of Rights." Previously, the applicability of that statute to create a property interest for sheriffs' deputies was "an open and undecided question." Tanner v. McCall,
425 F.Supp. 257, 258 (M.D.Fla. 1977); see Schrank v. Bliss,
412 F.Supp. 28, 41 and nn. 9 and 10 (M.D.Fla.1976). Florida appellate courts have uniformly ruled, however, that Florida sheriffs do not "come within the purview" of Fla.Stat. §
112.531(2), "absent some other statutory exception to the contrary." Tanner v....
...1976); Johnson v. Wilson,
336 So.2d 651, 652 (1st D.C.A.Fla.1976). This Court, therefore, held that "plaintiffs in this case, as former deputies sheriff, are not included within the scope of the statutory rights created and conferred" by Fla.Stat. §
112.531 et seq....
...McCall,
425 F.Supp. at 258. Hence, without considering or prejudicing plaintiffs' claims (and right to establish those claims) of property interests derived from other source ... the Court struck the allegations and claims of entitlement under Fla.Stat. §
112.531 et seq....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal
...lief to require the appellee sheriff to reinstate appellant as a deputy. The sheriff moved to dismiss and the parties agreed for the court to determine all legal questions in ruling on the motions before the court. The trial judge held that Sections 112.531-112.534, Florida Statutes (1975), which afford certain procedural safeguards to career law enforcement personnel, and are sometimes referred to as the Police Officers' Bill of Rights, are not applicable to the sheriff....
...puty sheriff and the stigma which will attach to his dismissal mandate a hearing irrespective of statutory authority. We reject each of the appellant's contentions. First, the sheriff, as a constitutional officer, does not come within the purview of Section 112.531(2), Florida Statutes (1975), wherein employing agency is defined "......
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1989 WL 63381
...The main issue on this appeal is whether the appellant (James Kelly), a former investigator for the state attorney's office, was wrongfully discharged as a result of being denied the benefits of the law enforcement officers bill of rights pursuant to section 112.531, et seq., Florida Statutes (1985)....
...nder a contract or tort theory. Kelly's motion for summary judgment was granted to the extent that the trial court found that section
27.255(1), (3), Florida Statutes (1985) [2] applied fully to investigators employed by the state attorney and thus, section
112.531, et seq....
...equirement of specific grounds for termination. *1165 While it is at least arguable that section
112.532(4) offers at least de minimis procedural rights to a "law enforcement officer," Kelly cannot claim a statutory violation because the benefits of section
112.531, et seq., as they relate to dismissal are not available to him....
...f any of the powers, duties, or functions authorized by law. Both parties acknowledge, as does the trial court, that deputy sheriffs are appointees of a constitutional office and as such, are terminable at will and not entitled to the protections of section 112.531, et seq., Florida Statutes....
...employer. [4] Evans v. Hardcastle,
339 So.2d 1150 (Fla.2d DCA 1976). As a result, even though under section
27.255(1), an investigator is called a "law enforcement officer," this does not mean that a state attorney's investigator has the benefits of section
112.531, et seq....
...ive relief is reversed. [6] Upon remand the trial court will file an appropriate order of final summary judgment consistent with this opinion. AFFIRMED in part, REVERSED in part, and REMANDED. SHARP, C.J., and DAUKSCH, J., concur. NOTES [1] Part VI, section
112.531(1), (3) defines "Law enforcement officer" and "employing agency." Section
112.532(1) deals with rights of officers while under investigation as the result of an outside complainant....
...ischarge in general and no common law cause of action for retaliatory or wrongful discharge exists in Florida). [4] Also note that under section
111.065, Florida Statutes (1985), a deputy sheriff is defined as a "law enforcement officer" even though section
112.531, et seq....
...1983), the Florida Supreme Court held that complaint review boards, as authorized by section
112.532(2), were not created to review disciplinary actions against police officers which arose from an internal source. While not necessary to decide this appeal, it would appear that all of part VI, section
112.531, et seq., deals specifically with investigations, complaints, and disciplinary action as a result of claims made against an officer by persons outside the agency which employs him....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...Shevin, Atty. Gen., Donald D. Conn, Asst. Atty. Gen., amicus curiae. MILLS, Judge. The issue raised by this appeal is whether Chapter 74-274, Laws of Florida, referred to as the Police Officers' Bill of Rights, and subsequently enacted as Sections 112.531-112.534, Florida Statutes (1975), is applicable to the constitutional office of Sheriff....
...After a non-jury trial, the trial court ruled that Chapter 74-274 was not applicable to the constitutional office of Sheriff. Johnson appeals from the adverse final judgment. An employing agency is defined as any municipality or the state or any political subdivision thereof which employs law enforcement officers. Section 112.531(2), Florida Statutes (1975)....
...A law enforcement officer is any person, other than a chief of police, employed full time by any municipality or this state or any political subdivision thereof, whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, traffic or highway laws of this State. Section 112.531(1), Florida Statutes (1975)....
CopyCited 9 times | Published | District Court, M.D. Florida | 1976 U.S. Dist. LEXIS 14146
...loyment, which has been taken from them without the fundamental due process guaranteed by the Fourteenth Amendment. Second, plaintiffs claim that they have a de jure property interest in their jobs, established under city ordinance 409 and Fla.Stat. § 112.531, et seq., of which they have been deprived without the due process guaranteed by the Fourteenth Amendment....
...doms of expression and association solely because of their pro union content and character. Hence, the motion to dismiss plaintiffs' fourth claim, with respect to the individual defendants, will be denied. FIFTH CLAIM Defendants argue that Fla.Stat. § 112.531, et seq., provides a protection for law enforcement officers against unlawful interrogation, but that it does not confer any statutory rights against any other conduct by an employer or an employer's agents....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1994 WL 531272
...service law. McRae has not alleged applicability of a civil service law and thus Counts III and IV cannot state a cause of action for deprivation of a property interest without due process of law. Police Officers' Bill of Rights Count II Sections
112.531-112.534, Florida Statutes (1989), referred to as the "Police Officers' Bill of Rights" provides:
112.532 Law enforcement officers' and correctional officers' rights....
...ch organization or corporation, for damages, either pecuniary or otherwise, suffered during the performance of the officer's official duties or for abridgment of the officer's civil rights arising out of the officer's performance of official duties. Section 112.531 contains the following definitions: (1) "Law enforcement officer" means any person, other than a chief of police, who is employed full time by any municipality or the state or any political subdivision thereof and whose primary respon...
...hich employs law enforcement officers or correctional officers as defined in this section. Under the 1989 version of the statute (which is applicable to McRae's claim) a law enforcement officer, to be entitled to the procedures set forth in sections 112.531-112.534, must be employed by an "employing agency" as defined in section 112.531(3). In considering whether deputy sheriffs are entitled to coverage under the statutory scheme, the First and Second District Courts of Appeal have held that a sheriff is not an "employing agency" as defined in section 112.531(3)....
...Gallagher,
967 F.2d 1523 (11th Cir.1992). To the extent that an individual works as a deputy sheriff, he or she is not employed by the sheriff but rather is appointed to the position. See §
30.07, Fla. Stat. A sheriff is not an "employing agency" under section
112.531 when he appoints an individual to the position of deputy sheriff....
...g him within the statutory framework. A sheriff may appoint correctional officers to the county correctional system. See §
951.061, Fla. Stat. Unlike in the definition of law enforcement officer, in the definition of "correctional officer" found in section
112.531(2), Florida Statutes, the phrase " appointed or employed ......
...Johnson v. Wilson (1976). In that decision, the court determined that the office of sheriff is a constitutional office and not "employed" as stated in the statute... . A corrections officer appointed by a sheriff is not within the ambit of sections 112.531-112.534. [6] In sum, dismissal of Count II was correct because sheriffs deputies and correctional officers appointed by a sheriff are not within the scope of the 1989 version of section 112.531 et....
...Under the statutory definition of "employing agency," the critical inquiry concerns whether the political subdivision "employs law enforcement officers or correctional officers as defined in this section" and, a deputy sheriff is not employed by the county sheriff. Sections 112.531-112.534 were amended in 1993 to include "all law enforcement officers and correctional officers employed by or appointed to a law enforcement agency......
CopyCited 6 times | Published | District Court, M.D. Florida | 1997 U.S. Dist. LEXIS 15556, 1997 WL 619219
...rogation by members of his or her agency for any reason which could lead to disciplinary action, demotion, or dismissal, such interrogation shall be conducted in the manner proscribed by statute. The plaintiff failed to state a claim under Fla.Stat. § 112.531....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 6554, 2009 WL 1490778
...We have also considered the County's citation to Timoney v. City of Miami Civilian Investigative Panel,
990 So.2d 614 (Fla. 3d DCA 2008), and find that case equally unhelpful. Timoney dealt with a city police chief, a law enforcement officer expressly exempted from the chapter 112 investigation. See §
112.531(1), Fla....
CopyCited 5 times | Published | District Court, M.D. Florida | 1978 U.S. Dist. LEXIS 17776
...ice or neglect of duty . . .". This would indicate that the plaintiff may only be suspended for cause, and thus has a constitutionally protectable property interest under Thurston v. Dekle, supra . Second, "The Policeman's Bill of Rights", Fla.Stat. § 112.531, et seq....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 13452, 2008 WL 4058028
...h Chapters 112 and 119 of the Florida Statutes." City of Miami Code, art. II, § 11.5-33(e) (2002). Chapter 112 concerns internal investigations conducted by a police department of its own officers. The pertinent portions of Chapter 112 are sections
112.531 and
112.532, Florida Statutes (2007)....
...or dismissal ..." (emphasis added). That section sets forth the procedures to be followed by the police department for interrogation of a law enforcement officer under investigation by the police department. See §
112.532(1)-(6), Fla. Stat. (2007). Section
112.531(1) defines "law enforcement officers" for the purposes of Chapter 112 internal investigations to include any person, other than the chief of police, who is employed full time by any municipality and whose primary responsibility is the prevention of crime....
...mpt from investigation by the CIP. See City of Miami Code, § 11.5-33(e) (2002). Chapter 112 governs the rights of law enforcement officers while under investigation, and it specifically exempts the police chief from internal agency investigation. §§ 112.531-112.532, Fla....
...The CIP, however, is only restricted by Chapter 112's definition of "law enforcement officer" when the investigation is internal, that is, by "members of his or her agency for any reason which could lead to disciplinary action, demotion, or dismissal...." Ch. 112.531(1), Fla....
...nd conclusions to the chief of police and to affected officers and, to the extent permitted by law, to the complainants to which a timely written response shall be received from the chief of police within 30 days. (Ord. No. 12188, § 1, 2-14-02) [4] 112.531....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1984 Fla. App. LEXIS 12183
...On July 5, 1978, the Civil Service Board informed appellee's counsel, by letter, that appellee had no right to a hearing before the Civil Service Board. Appellee filed the instant suit for injunction in January, 1981, asserting rights as a police officer under Sections
112.531 through
112.534, Florida Statutes (1979) [the Police Officers' Bill of Rights] and as a civil service employee....
...Since appellee had previously been employed by the Hollywood Police Department as a community service officer, we construe the June 22 letter as a timely assertion of all civil service rights relating to her employment by the police department. Appellee exhausted her administrative remedies. Section 112.531 defines a "law enforcement officer" as "any person ......
...ly to the prevention or detection of crime. Three relate to enforcement of traffic laws. The remaining seven have no connection with law enforcement. Our review of the record satisfies us that appellee was not a law enforcement officer as defined in Section 112.531, and we so hold....
...534. Appellants sought as an alternative to mandamus, injunctive relief, in reliance on Section
112.534. This section operates only to immediately restrain violation of the rights of police officers by compelling performance of the duties imposed by Section
112.531 to
112.534......
...City of Lauderhill,
415 So.2d 62, 65 (Fla. 4th DCA 1982). Neither does the Police Officers' Bill of Rights vest the circuit court with authority to compel a hearing before the Civil Service Board. The injunction authorized by Section
112.534 lies to restrain violations "of this part" [§§
112.531 through
112.534] and to compel performance of the duties established "by this part," but this part does not mention civil service hearings....
...State, Department of Highway Safety v. Joannou,
353 So.2d 164 (Fla. 3d DCA 1977); Powell v. Civil Service Board of Escambia County,
154 So.2d 917 (Fla. 1st DCA 1963); see Migliore, supra . We hold that appellee was not a law enforcement officer, and had no rights under Sections
112.531-112.534, Florida Statutes (1979)....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2 I.E.R. Cas. (BNA) 538
...The point is governed by state law. Bishop v. Wood,
426 U.S. 341, 344 ,
96 S.Ct. 2074, 2077 ,
48 L.Ed.2d 684 (1976). The so-called police officers’ bill of rights in the Florida Statute, upon which Thomason relies, is specifically inapplicable to part-time police officers. Section
112.531-.534, Fla.Stat.Ann....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2710748
...(2002) (defining "law enforcement officer" to include "correctional officer[s]"); §
790.001(8)(d), Fla. Stat. (2002) (defining "law enforcement officer" to include designated employees "of the state prisons or correctional systems who ha[ve] been so designated by the Department of Corrections"); §
112.531(1), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1997 WL 627537
...Orlando, for Appellee. GOSHORN, Judge. Christopher Hinn appeals the final summary judgment which determined that as a part-time deputy sheriff he is not covered by Florida's "Law Enforcement Officers' Bill of Rights" ("the Bill of Rights") (sections 112.531-112.535, Florida Statutes (1995))....
...rements, the right to counsel, and other limitations on the investigative and interrogation procedure. The sheriff contended that Hinn was not entitled to these rights because he was only a part-time deputy and therefore not within the purview of subsection
112.531(1), which provides: (1) "Law enforcement officer" means any person, other than the chief of police, who is employed full time by any municipality or the state or any subdivision thereof and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of this state; and includes any person who is appointed by the sheriff as a deputy sheriff pursuant to s.
30.07. §
112.531(1), Fla....
...nd therefore review is appropriate. Godwin v. State,
593 So.2d 211 (Fla. 1992); see also Roesch v. State,
633 So.2d 1, 2 n. 1 (Fla.1993) (reviewing moot issue where "capable of repetition but evading review"). Turning to the merits, we agree that subsection
112.531(1) is ambiguous and subject to judicial interpretation because "full-time" could be read to modify either only employees or both employees and deputies....
...Patterson,
694 So.2d 55, 58 (Fla. 5th DCA 1997) (citing Webb,
398 So.2d at 824). We agree with the trial court's conclusion that the legislature did not intend to cover part-time deputy sheriffs when it amended the definition of "law enforcement officer" in subsection
112.531(1)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 31 I.E.R. Cas. (BNA) 1009, 2010 Fla. App. LEXIS 18677, 2010 WL 4829816
...tiated by a complaint that originates from within the agency that employs the officer under investigation. See, e.g., Kelly v. Gill,
544 So.2d 1162, 1165 n. 5 (Fla. 5th DCA 1989) (citing Migliore, in dicta, for the proposition that " all of part VI, section
112.531, et seq., deals specifically with investigations, complaints, and disciplinary action as a result of claims made against an officer by persons outside the agency [that] employs him")....
...an action for damages." Id. at 1128. The Migliore court also addressed this provision, observing that it "operate[d] only to immediately restrain violation of the rights of police officers by compelling the performance of the duties imposed by [s]ections
112.531 to
112.533."
415 So.2d at 65....
CopyCited 1 times | Published | District Court, M.D. Florida | 84 Educ. L. Rep. 188, 1993 U.S. Dist. LEXIS 7935
...COUNT IV: POLICEMEN'S BILL OF RIGHTS Defendant, Key West, argues that Plaintiff fails to state a claim for relief under §
112.532. The Court acknowledges, and Plaintiff concedes, that Plaintiff fails to meet the definition of law enforcement officer under §
112.531, the class the statute was designed to protect....
CopyCited 1 times | Published | District Court, M.D. Florida | 2001 U.S. Dist. LEXIS 23738, 2001 WL 1402193
...denial of procedural due process in violation of 42 U.S.C. § 1983 (against all Defendants); (II) denial of substantive due process in violation of 42 U.S.C. § 1983 (against all Defendants); (III) violation of the "Police Officer's Bill of Rights," Section 112.531, et seq., Florida Statutes, (against Mulberry); (IV) defamation (against Satchel); (V) defamation (against Smith); and (VI) tortious interference *1290 with an advantageous business relationship (against Smith)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 20052, 2006 WL 3452570
...r. On appeal, Mr. Mullins disputes the Administrative Law Judge's ("ALJ") findings that he was untruthful; contends that he was denied the assistance of competent counsel; and submits that his former employer, the Sanford Police Department, violated section 112.531, Florida Statutes, the Police Officer's Bill of Rights, during its investigation of his alleged misconduct....
...Mullins does not have the right to collaterally challenge the effectiveness of his counsel in the revocation of his law enforcement license proceedings. Lastly, Mr. Mullins contends that his former employer, the Sanford Police Department, violated the Police Officer's Bill of Rights enacted in sections 112.531-.535, Florida Statutes, during its investigation of the instant matter....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21034
Smith’s amended complaint claiming rights under Section
112.531, et seq. and Smith appeals. In determining
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
interrogation by members of his agency). 2 Section
112.531(3), F.S., defines "[e]mploying agency" to mean
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
term "law enforcement officer" is defined in section
112.531(1), Florida Statutes, to mean "any person,
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 4695131
...Specifically, the court observed that:
This section [section
112.534, Florida Statutes (1981)]
operates only to immediately restrain violation of the
rights of police officers by compelling performance of
the duties imposed by Sections
112.531 to
112.533.
Thus, where an officer under investigation is being
interrogated without benefit of counsel, the agency may
13
be restrained from violating his righ...
...ll of Rights
applies only when the officer is under investigation based upon an external
complaint.
21
violation of the rights of police officers by compelling performance of the duties
imposed by Sections
112.531 to
112.533”).
Likewise, the issue in Kelly was not whether the LEO Bill of Rights applies
to internal complaints....
...Instead, the issue was whether the LEO Bill of Rights
applied to an investigator employed by the state attorney. See 544 So. 2d at 1164.
The court held that the investigator was not covered by the LEO Bill of Rights
because he was not a law enforcement officer, as defined in section 112.531....
...12.534, Florida Statutes,
after an agency first provides an investigative report to an officer.
At issue is the remedial scope of section
112.534, which is within the “bill of
rights” for law enforcement and correctional officers. See §§
112.531-535, Fla.
Stat....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
situation where a police officer, as defined in section
112.531(1), Florida Statutes, is accused of violating
CopyPublished | Florida 3rd District Court of Appeal
...because he was discharged from his job. Jose Prieto, Jr. was employed by the City of Hialeah Gardens as a police officer. A dispute arose between them and he was suspended. He was then advised that a hearing on this matter would be held pursuant to Section 112.531, Florida Statutes (1975)....
...eive a letter of commendation in exchange for his resignation. The letter was offered and Prieto orally resigned. Shortly thereafter Prieto filed suit in the circuit court seeking to enjoin the City of Hialeah Gardens from violating his rights under Section 112.531, Florida Statutes (1975) and praying that he be reinstated....
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
officer or correctional officer, as defined in section
112.531(1) and (2), Florida Statutes, is under investigation
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
correctional officers as defined in this section." 3 Section
112.531(1), F.S. 4 Section
112.532(1), F.S. 5 Alsop
