Florida Statute 943.139 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 943
DEPARTMENT OF LAW ENFORCEMENT

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943.139 Notice of employment, appointment, or separation; response by the officer; duty of commission.—

(1) An employing agency shall immediately notify the commission in writing, on a form adopted by the commission, of the employment or appointment, or separation from employment or appointment, of any officer. The employing agency must maintain the original form and submit, or electronically transmit, this information to the commission. Separation from employment or appointment includes any firing, termination, resignation, retirement, or voluntary or involuntary extended leave of absence of any officer.

(2) In a case of separation from employment or appointment, the employing agency shall execute and maintain an affidavit-of-separation form adopted by the commission, setting forth in detail the facts and reasons for such separation. The information contained in the affidavit-of-separation form must be submitted, or electronically transmitted, to the commission. If the officer is separated for his or her failure to comply with s. 943.13, the notice must so specify. The affidavit must be executed under oath and constitutes an official statement within the purview of s. 837.06. The affidavit must include conspicuous language that intentional false execution of the affidavit constitutes a misdemeanor of the second degree. Any officer who has separated from employment or appointment must be permitted to respond to the separation, in writing, to the commission, setting forth the facts and reasons for the separation as he or she understands them.

(3) Before employing or appointing an officer, a subsequent employing agency must contact the commission to inquire as to the facts and reasons an officer became separated from any previous employing agency. The commission shall, upon request and without prejudice, provide to the subsequent employing agency all information that is required under subsections (1) and (2) and that is in its possession.

(4) An administrator of an employing agency who discloses information pursuant to this section is immune from civil liability in accordance with the provisions of s. 768.095.

History.—s. 11, ch. 84-258; s. 9, ch. 86-187; s. 2, ch. 86-286; ss. 5, 6, ch. 87-186; s. 5, ch. 91-429; s. 4, ch. 92-131; s. 11, ch. 93-252; s. 1633, ch. 97-102; s. 5, ch. 97-225; s. 6, ch. 2019-113.

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Amendments to 943.139

Annotations, Discussions, Cases:

Cases Citing Statute 943.139

Total Results: 5

Blake v. CITY OF PORT SAINT LUCIE

73 So. 3d 905, 33 I.E.R. Cas. (BNA) 135, 2011 Fla. App. LEXIS 18119, 2011 WL 5554850

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2357134

Cited 3 times | Published

accordance with the provisions of s. 768.095. § 943.139(4), Fla. Stat. (2008) (emphasis added). The public

Bates v. ST. LUCIE COUNTY SHERIFF'S OFFICE

31 So. 3d 210, 2010 Fla. App. LEXIS 2102, 35 Fla. L. Weekly Fed. D 452

District Court of Appeal of Florida | Filed: Feb 24, 2010 | Docket: 1647561

Cited 1 times | Published

The qualification of absolute immunity under section 943.139(4), Florida Statutes (2008) applied only to

Raulerson v. State of Florida

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69996619

Published

“continued employment or appointment” as an officer); § 943.139, Fla. Stat. (requiring an employing agency to

Jeffrey Stanley v. Broward County Sheriff

843 F.3d 920, 41 I.E.R. Cas. (BNA) 1457, 2016 U.S. App. LEXIS 22214, 2016 WL 7229745

Court of Appeals for the Eleventh Circuit | Filed: Dec 14, 2016 | Docket: 4553005

Published

have to be reported to the state, see Fla. Stat. § 943.139(2), merely reporting such decisions does not automatically

Ago

Florida Attorney General Reports | Filed: Mar 18, 2008 | Docket: 3257208

Published

investigation initiated by the commission pursuant to section 943.139, Florida Statutes, is not completed and presented

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.