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Police hiring, training, and disciplinary requirements in Florida
| Police hiring, training, and discipline |
|---|
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| • Police collective bargaining agreements (CBAs) • Ballotpedia CBA dashboard •Reform proposals •CBA areas of inquiry and disagreement •Arguments about police collective bargaining • Index of articles about criminal justice policy |
| Click here for more analysis of police hiring, training, and disciplinary requirements by state and city on Ballotpedia |
This page provides an overview of policies related to the hiring, training, and discipline of police officers in Florida. It is part of an analysis of police union collective bargaining agreements and related arrangements with police unions concerning hiring, training, and disciplinary requirements in the 50 states and top 100 cities by population.
Background
Ballotpedia in 2023 examined the collective bargaining agreements, statutes, and regulatory codes governing the 50 states and the top 100 US cities by population through the lens of a series of research questions related to police hiring, training, and discipline.
Some of the hiring, training, and discipline standards for police officers not established by statutes or regulations arise from negotiations with police unions. Those negotiations are often codified in collective bargaining agreements (CBAs). Those agreements are the contracts that states and cities sign following negotiations with police unions. Some states and cities restrict collective bargaining, but may still negotiate with police unions using other methods. After negotiating with the unions, those jurisdictions sometimes establish police standards through documents including memoranda of understanding or meet and confer agreements.
Results
The tables below link to each question Ballotpedia used to analyze the states and cities and indicate how Florida handles police hiring, training, and discipline. To see the provisions Ballotpedia used to support these results, click here.
CBA basics
| CBA basics | Results |
|---|---|
| Is there a CBA with the police union? | YES |
| Is the current CBA publicly available online? | YES |
Discipline and accountability
| Discipline and accountability | Results |
|---|---|
| Does the CBA forbid the transfer or reassignment of an officer as a form of discipline? | NO |
| Do officers have a right to request third-party arbitration for grievances, including over disciplinary actions? | YES |
Condition: Appeal to arbitration must be submitted within 15 days of the decision at step two of the grievance procedure; Selection: Both parties agree to a panel of six arbitrators who serve on rotation; Provider: The Department of Management Services Arbitration Coordinator; Arbitrator authority: The arbitrator's decision is final and bindingIf a grievance against a disciplinary action - including reduced pay, demotion, involuntary transfer, suspension, or dismissal - is not resolved in step two of the grievance procedure, it can be appealed to arbitration. Oral reprimands are not subject to arbitration. | |
| Does the CBA contain provisions related to discipline for misconduct? | YES |
Primary discipline authority: State of Florida; Types: Reduction in base pay, transfer, suspension, demotion, dismissal, oral reprimand, written reprimand; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure except for employees who have not reached permanent status.Employee may request union representation at disciplinary investigation or predetermination conference where dismissal or suspension of employee is being considered. Oral reprimands are not grievable, while written reprimands are subject to union grievance procedure. | |
| Does the CBA explicitly allow for a state ombudsman outside particular police departments to hold law enforcement officers accountable for misconduct? | NO |
Legal limitations or provisions
| Legal limitations or provisions | Results |
|---|---|
| Does the city CBA prohibit felons from becoming law enforcement officers? | NO |
| Are there any statutes or regulations that prohibit collective bargaining with police unions? | NO |
| Does the state have a "police bill of rights" statute or regulation? | YES |
Explicit Police Bill of Rights. Outlines officer rights while under investigation, and limitations period for disciplinary action. | |
Training and counseling
Community relations and oversight
| Community relations and oversight | Results |
|---|---|
| Does the CBA reference citizen review boards? | NO |
| Does the CBA have provisions related to community policing? | NO |
Investigations
| Investigations | Results |
|---|---|
| Does the CBA contain provisions related to misconduct investigations? | YES |
Investigation procedure | |
| Does the CBA require notice to officers of investigations? | YES |
Conditions: Must be informed of right to legal representative; Timeline: Must be given 48 hours notice of interviews; Content: Must be informed of each complaint or allegation | |
| Does the CBA determine a timeline for investigations? | YES |
Timeline to launch: N/A; Timeline to conclude: 45 days | |
| Does the CBA contain provisions related to compensation during misconduct investigations? | YES |
If an officer is not allowed to work during the investigation, they shall be placed on administrative leave with pay. | |
Evidence and records
| Evidence and records | Results |
|---|---|
| Does the CBA have provisions related to the use of body-worn cameras or body-worn camera video evidence? | NO |
| Does the CBA regulate processes for retaining officer disciplinary records? | YES |
Record storage: Electronic or paper form; Storage authority: Maintained by the employing agency; Types of records: Derogatory document, letters of counseling, oral reprimands, written reprimands; Timeline: N/A; Access and use: Official personnel records are public record; if disciplinary action in unfounded, all pages are marked "VOID" and placed in an envelope; Use in decisions: Letters of counseling may be used at administrative hearings | |
Qualifications and evaluation
| Qualifications and evaluation | Results |
|---|---|
| Does the CBA require performance evaluations? | YES |
Performance reviews are to be conducted in accordance with Rule 60L-35, F.A.C., Performance Evaluation System Performance reviews are performed by the employee's immediate supervisor; numerical quotes are not used as a factor in the review; no specifications for how frequently reviews are to be conducted | |
| Does the CBA restrict licensing procedures for law enforcement officers or departments? | NO |
Union authority
| Union authority | Results |
|---|---|
| Does the CBA limit union authority to pay and benefits issues? | NO |
| Does the CBA give the union the power to approve or disapprove new training programs for law enforcement officers? | NO |
| Does the CBA have provisions involving the union in the process for promotions, unit assignments, and transfers? | YES |
Officer requesting promotion sends copy to union | |
See also
Footnotes
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