154 So. 3d 373
Fla. Dist. Ct. App.2014Background
- OIG opened an investigation into outside employment by MDPD officers and related leave and reporting practices in Dec. 2009.
- Draft OIG report relied on county and agency records; no police officers were interviewed or subpoenaed.
- OIG concluded policy violations by certain individuals and made recommendations, but did not propose disciplinary action.
- PBA filed suit asserting MDPD has exclusive authority to investigate its officers under §112.533, Florida Statutes.
- Trial court granted summary judgment for PBA, adopting Demings v. Orange County CRB reasoning to bar external investigations.
- Court reverses, holding §112.533 does not bar independent external investigations of non-disciplinary matters involving MDPD officers.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §112.533 preclude external investigations of MDPD officers for non-disciplinary matters? | PBA: exclusive agency; OIG cannot investigate officers outside disciplinary context. | OIG/County: non-disciplinary external investigations are permissible; statute governs only disciplinary processes. | No; external investigations into non-disciplinary matters may proceed. |
| Is there express or implied preemption by state law (PBR) of local OIG authority? | PBA: PBR preempts local investigations into police officers. | OIG/County: no express or implied preemption; local regulation can coexist. | No express or implied preemption; local authority can coexist with PBR. |
| Do the charter/ordinance provisions conflict with the PBR, or can they be reconciled? | OIG authority is overridden by PBR and §112.533. | Ordinance and PBR can be reconciled; no direct conflict if compliance with one does not require violation of the other. | No conflict; ordinance and PBR can coexist and be reconciled. |
Key Cases Cited
- Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008) (preemption and conflict analysis for local ordinances)
- Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d 1011 (Fla. 2d DCA 2005) (field preemption and conflict with state statute)
- Browning v. Sarasota Alliance for Fair Elections, Inc., 968 So. 2d 637 (Fla. 2d DCA 2007) (preemption analysis; field vs. coexistence)
- City of Hollywood v. Mulligan, 934 So. 2d 1238 (Fla. 2006) (express vs. implied preemption; conflict/consistency standard)
- Demings v. Orange County Citizens Review Bd., 15 So. 3d 604 (Fla. 5th DCA 2009) (demonstrates reliance on Demings for PBR scope (non-preclusive framing))
- Timoney v. City of Miami Civilian Investigative Panel, 990 So. 2d 614 (Fla. 2d DCA 2008) (PBR governs internal investigations; supports external non-disciplinary investigations)