CS/HB 123

1
A bill to be entitled
2An act relating to the investigations of law enforcement
3and correctional officers; amending s. 112.532, F.S.;
4requiring that all identifiable witnesses to a complaint
5against a law enforcement or correctional officer be
6interviewed, whenever possible, prior to the investigative
7interview of the accused officer; requires that the
8accused officer be furnished with the complaint and
9witness statements prior to any investigative interview of
10that officer; providing for waiver of the right to review
11witness statements by an officer; providing for tolling of
12the limitations period during emergencies or natural
13disasters; amending s. 112.533, F.S.; requiring a
14political subdivision that initiates or receives a
15complaint against a law enforcement officer or
16correctional officer to forward the complaint to the
17officer's employer within a specified period; providing a
18definition; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Paragraph (d) of subsection (1) and paragraph
23(a) of subsection (6) of section 112.532, Florida Statutes, are
24amended to read:
25     112.532  Law enforcement officers' and correctional
26officers' rights.--All law enforcement officers and correctional
27officers employed by or appointed to a law enforcement agency or
28a correctional agency shall have the following rights and
29privileges:
30     (1)  RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL
31OFFICERS WHILE UNDER INVESTIGATION.--Whenever a law enforcement
32officer or correctional officer is under investigation and
33subject to interrogation by members of his or her agency for any
34reason which could lead to disciplinary action, demotion, or
35dismissal, such interrogation shall be conducted under the
36following conditions:
37     (d)  The law enforcement officer or correctional officer
38under investigation shall be informed of the nature of the
39investigation prior to any interrogation, and he or she shall be
40informed of the names name of all complainants. All identifiable
41witnesses shall be interviewed, whenever possible, prior to the
42beginning of the investigative interview of the accused officer.
43The complaint and all witness statements shall be provided to
44the officer who is the subject of the complaint prior to the
45beginning of any investigative interview of that officer. An
46officer, after being informed of the right to review witness
47statements, may voluntarily waive the provisions of this
48paragraph and provide a voluntary statement at any time.
49     (6)  LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.--
50     (a)  Except as provided in this subsection, no disciplinary
51action, demotion, or dismissal shall be undertaken by an agency
52against a law enforcement officer or correctional officer for
53any act, omission, or other allegation of misconduct if the
54investigation of such allegation is not completed within 180
55days after the date the agency receives notice of the allegation
56by a person authorized by the agency to initiate an
57investigation of the misconduct. In the event that the agency
58determines that disciplinary action is appropriate, it shall
59complete its investigation and give notice in writing to the law
60enforcement officer or correctional officer of its intent to
61proceed with disciplinary action, along with a proposal of the
62action sought. Such notice to the officer shall be provided
63within 180 days after the date the agency received notice of the
64alleged misconduct, except as follows:
65     1.  The running of the limitations period may be tolled for
66a period specified in a written waiver of the limitation by the
67law enforcement officer or correctional officer.
68     2.  The running of the limitations period shall be tolled
69during the time that any criminal investigation or prosecution
70is pending in connection with the act, omission, or other
71allegation of misconduct.
72     3.  If the investigation involves an officer who is
73incapacitated or otherwise unavailable, the running of the
74limitations period shall be tolled during the period of
75incapacitation or unavailability.
76     4.  In a multijurisdictional investigation, the limitations
77period may be extended for a period of time reasonably necessary
78to facilitate the coordination of the agencies involved.
79     5.  The running of the limitations period may be tolled for
80emergencies or natural disasters during the time period wherein
81the Governor has declared a state of emergency within the
82jurisdictional boundaries of the concerned agency.
83     Section 2.  Subsection (1) of section 112.533, Florida
84Statutes, is amended to read:
85     112.533  Receipt and processing of complaints.--
86     (1)(a)  Every law enforcement agency and correctional
87agency shall establish and put into operation a system for the
88receipt, investigation, and determination of complaints received
89by such agency from any person, which shall be the procedure for
90investigating a complaint against a law enforcement and
91correctional officer and for determining whether to proceed with
92disciplinary action or to file disciplinary charges,
93notwithstanding any other law or ordinance to the contrary. This
94subsection does not preclude the Criminal Justice Standards and
95Training Commission from exercising its authority under chapter
96943.
97     (b)1.  Any political subdivision that initiates or receives
98a complaint against a law enforcement officer or correctional
99officer must within 5 business days forward the complaint to the
100employing agency of the officer who is the subject of the
101complaint for review or investigation.
102     2.  For purposes of this paragraph, the term "political
103subdivision" means a separate agency or unit of local government
104created or established by law or ordinance and the officers
105thereof and includes, but is not limited to, an authority,
106board, branch, bureau, city, commission, consolidated
107government, county, department, district, institution,
108metropolitan government, municipality, office, officer, public
109corporation, town, or village.
110     Section 3.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.