CODING: Words stricken are deletions; words underlined are additions.House Bill 3161
Florida House of Representatives - 1998 HB 3161
By Representative Mackenzie
1 A bill to be entitled
2 An act relating to law enforcement and
3 correctional officers; amending s. 112.532,
4 F.S.; providing requirements with respect to
5 recordings made during the formal interrogation
6 of a law enforcement or correctional officer;
7 amending s. 112.533, F.S.; providing for rights
8 of law enforcement and correctional officers to
9 review their personnel files, attach a
10 response, and receive a copy of certain
11 materials in the file; amending s. 943.135,
12 F.S.; permitting law enforcement officers who
13 are elected or appointed public officials to
14 maintain certification in a special status
15 while holding office; providing an effective
16 date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (g) of subsection (1) of section
21 112.532, Florida Statutes, is amended to read:
22 112.532 Law enforcement officers' and correctional
23 officers' rights.--All law enforcement officers and
24 correctional officers employed by or appointed to a law
25 enforcement agency or a correctional agency shall have the
26 following rights and privileges:
27 (1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND
28 CORRECTIONAL OFFICERS WHILE UNDER INVESTIGATION.--Whenever a
29 law enforcement officer or correctional officer is under
30 investigation and subject to interrogation by members of his
31 or her agency for any reason which could lead to disciplinary
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1 action, demotion, or dismissal, such interrogation shall be
2 conducted under the following conditions:
3 (g) The formal interrogation of a law enforcement
4 officer or correctional officer, including all recess periods,
5 shall be recorded, and there shall be no unrecorded questions
6 or statements. In addition to any recording made by the
7 agency, the officer being interrogated must be given a copy of
8 the recording of the interrogation session no later than the
9 end of the next business day following said interrogation.
10 Section 2. Subsection (3) of section 112.533, Florida
11 Statutes, is renumbered as subsection (4) and a new subsection
12 (3) is added to said section to read:
13 112.533 Receipt and processing of complaints.--
14 (3) A law enforcement officer or correctional officer
15 has the right to review his or her official personnel file at
16 any reasonable time under the supervision of the designated
17 records custodian. A law enforcement officer or correctional
18 officer may attach to the file a concise statement in response
19 to any items included in the file and must be sent a copy of
20 any derogatory material that is placed in the file.
21 Section 3. Subsection (4) of section 943.135, Florida
22 Statutes, is amended to read:
23 943.135 Requirements for continued employment.--
24 (4)(a) Notwithstanding any other provision of law, any
25 person holding active certification from the Criminal Justice
26 Standards and Training Commission as a law enforcement
27 officer, correctional officer, or correctional probation
28 officer, as defined in s. 943.10(1), (2), (3), (6), (7), (8),
29 or (9), who resigns his or her position as law enforcement
30 officer, correctional officer, or correctional probation
31 officer for the sole purpose of serving in an office to which
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1 the person has been elected or appointed and to thereby avoid
2 the prohibition against dual officeholding established in s.
3 5(a) of Art. II of the State Constitution may be allowed to
4 retain active certification in a special status during the
5 tenure of the elected or appointed office if at the time of
6 resignation, the person:
7 1. Was employed by or associated with an employing
8 agency in a manner authorized by chapter 943;
9 2. Was not subject to an internal investigation or
10 employment action to discipline or dismiss by the employing
11 agency;
12 3. Was not subject to criminal investigation or
13 prosecution by any state or federal authority; and
14 4. Was not subject to an investigation or action
15 against his or her certification by the Criminal Justice
16 Standards and Training Commission,
17
18 and that subsequent to the resignation the person otherwise
19 complies with this subsection.
20 (b) Any person who qualifies under paragraph (a) may,
21 for purposes of meeting the minimum mandatory continuing
22 training or education requirements of this section, at the
23 option of an employing agency, associate with that agency for
24 the sole purpose of securing continuing training or education
25 as required by this section and for allowing the agency to
26 report completion of the education or training to the Criminal
27 Justice Standards and Training Commission. The employing
28 agency with which the person has associated shall submit proof
29 of completion of any education or training so obtained for
30 purposes of demonstrating compliance with this section and
31 shall indicate that the person for whom the credits are
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1 reported has secured the training under the special status
2 authorized by this section. An employing agency may require
3 any person so associated to attend continuing training or
4 education at the person's own expense and may determine the
5 courses or training that a person is to attend while
6 associated with the agency. Any person who is permitted to
7 associate with an employing agency for purposes of obtaining
8 and reporting education or continuing training credits while
9 serving in an elected or appointed public office shall not be
10 considered to be employed by the employing agency or
11 considered by the association with the employing agency to
12 maintain an office under s. 5(a) of Art. II of the State
13 Constitution.
14 (c) The period of time a person serves in an elected
15 or appointed office and thereby maintains the special
16 certification status authorized by this section may not be
17 considered in calculating whether the person is considered to
18 have incurred a break in service for purposes of maintaining
19 active certification by the Criminal Justice Standards and
20 Training Commission.
21 (d) An employing agency that receives a resignation
22 from a person for the purpose of avoiding the dual office
23 holding prohibition as discussed in this subsection shall
24 verify that the person who has resigned is in fact serving in
25 an elected or public office and report the verification
26 including an indication of the office in which the person is
27 serving to the Criminal Justice Standards and Training
28 Commission via the affidavit of separation of employment used
29 by the commission.
30 (e) Any person seeking the benefit of this subsection
31 shall, upon request, provide to the Criminal Justice Standards
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1 and Training Commission any documentation or proof required by
2 the commission to evaluate the person's eligibility under this
3 subsection, to evaluate a submission of continuing training or
4 education credits as authorized by this subsection, or to
5 determine the duration of any tenure in an elected or
6 appointed public office, including any extension of the status
7 by reason of reelection or reappointment or by election or
8 appointment to a different office. The commission is
9 authorized to develop this program for implementation on July
10 1, 1985, for full-time, part-time, or auxiliary law
11 enforcement officers and correctional officers and a program
12 for correctional probation officers for implementation on July
13 1, 1987.
14 Section 4. This act shall take effect upon becoming a
15 law.
16
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18 HOUSE SUMMARY
19 Revises provisions of law relating to law enforcement and
correctional officers to provide that in addition to any
20 recording made by the agency during a formal
interrogation, the officer being interrogated must be
21 given a copy of the recording of the interrogation
session no later than the end of the next business day
22 following said interrogation. Provides that such officers
have the right to review his or her personnel file at any
23 reasonable time under the supervision of the designated
records custodian, and may attach to the file a concise
24 statement in response to any items included in the file,
and must be sent a copy of any derogatory material that
25 is placed in the file.
26
Allows law enforcement officers who are also elected or
27 appointed public officials to maintain certification in a
special status while holding office. See bill for
28 details.
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