House Bill 3161c1

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    Florida House of Representatives - 1998             CS/HB 3161

        By the Committee on Governmental Operations and
    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; providing for

12         application to the release of certain

13         information; amending s. 943.135, F.S.;

14         permitting law enforcement officers who are

15         elected or appointed public officials to

16         maintain certification in a special status

17         while holding office; providing an effective

18         date.

19

20  Be It Enacted by the Legislature of the State of Florida:

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22         Section 1.  Paragraph (g) of subsection (1) of section

23  112.532, Florida Statutes, is amended to read:

24         112.532  Law enforcement officers' and correctional

25  officers' rights.--All law enforcement officers and

26  correctional officers employed by or appointed to a law

27  enforcement agency or a correctional agency shall have the

28  following rights and privileges:

29         (1)  RIGHTS OF LAW ENFORCEMENT OFFICERS AND

30  CORRECTIONAL OFFICERS WHILE UNDER INVESTIGATION.--Whenever a

31  law enforcement officer or correctional officer is under

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    Florida House of Representatives - 1998             CS/HB 3161

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  1  investigation and subject to interrogation by members of his

  2  or her agency for any reason which could lead to disciplinary

  3  action, demotion, or dismissal, such interrogation shall be

  4  conducted under the following conditions:

  5         (g)  The formal interrogation of a law enforcement

  6  officer or correctional officer, including all recess periods,

  7  shall be recorded on audio tape, or otherwise preserved in

  8  such a manner as to allow a transcript to be prepared, and

  9  there shall be no unrecorded questions or statements. Upon the

10  request of the interrogated officer, a copy of any such

11  recording of the interrogation session must be made available

12  to the interrogated officer no later than 72 hours, excluding

13  holidays and weekends following said interrogation.

14         Section 2.  Subsection (3) of section 112.533, Florida

15  Statutes, is renumbered as subsection (4) and amended, and a

16  new subsection (3) is added to said section to read:

17         112.533  Receipt and processing of complaints.--

18         (3)  A law enforcement officer or correctional officer

19  has the right to review his or her official personnel file at

20  any reasonable time under the supervision of the designated

21  records custodian. A law enforcement officer or correctional

22  officer may attach to the file a concise statement in response

23  to any items included in the file identified by the officer as

24  derogatory and copies of such items must be made available to

25  the officer.

26         (4)(3)  Any person who is a participant in an internal

27  investigation, including the complainant, the subject of the

28  investigation, the investigator conducting the investigation,

29  and any witnesses in the investigation, who willfully

30  discloses any information obtained pursuant to the agency's

31  investigation, including, but not limited to, the identity of

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  1  the officer under investigation, the nature of the questions

  2  asked, information revealed, or documents furnished in

  3  connection with a confidential internal investigation of an

  4  agency, before such complaint, document, action, or proceeding

  5  becomes a public record as provided in this section commits a

  6  misdemeanor of the first degree, punishable as provided in s.

  7  775.082 or s. 775.083. However, this subsection does not limit

  8  a law enforcement or correctional officer's ability to gain

  9  access to information under paragraph (2)(a). Additionally, a

10  sheriff, police chief, or other head of a law enforcement

11  agency, or his or her designee, is not precluded by this

12  section from acknowledging the existence of a complaint, and

13  the fact that an investigation is underway.

14         Section 3.  Subsection (4) of section 943.135, Florida

15  Statutes, is amended to read:

16         943.135  Requirements for continued employment.--

17         (4)(a)  Notwithstanding any other provision of law, any

18  person holding active certification from the Criminal Justice

19  Standards and Training Commission as a law enforcement

20  officer, correctional officer, or correctional probation

21  officer, as defined in s. 943.10(1), (2), (3), (6), (7), (8),

22  or (9), who resigns his or her position as law enforcement

23  officer, correctional officer, or correctional probation

24  officer for the sole purpose of serving in an office to which

25  the person has been elected or appointed and to thereby avoid

26  the prohibition against dual office holding established in s.

27  5(a) of Art. II of the State Constitution may be allowed to

28  retain active certification in a special status during the

29  tenure of the elected or appointed office if at the time of

30  resignation, the person:

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    Florida House of Representatives - 1998             CS/HB 3161

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  1         1.  Was employed by or associated with an employing

  2  agency in a manner authorized by chapter 943;

  3         2.  Was not subject to an internal investigation or

  4  employment action to discipline or dismiss by the employing

  5  agency;

  6         3.  Was not subject to criminal investigation or

  7  prosecution by any state or federal authority; and

  8         4.  Was not subject to an investigation or action

  9  against his or her certification by the Criminal Justice

10  Standards and Training Commission,

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12  and that subsequent to the resignation the person otherwise

13  complies with this subsection.

14         (b)  Any person who qualifies under paragraph (a) may,

15  at the option of an employing agency, associate with that

16  agency for the sole purpose of securing continuing training or

17  education as required by this section and for allowing the

18  agency to report completion of the education or training to

19  the Criminal Justice Standards and Training Commission. The

20  agency with which the person has associated shall submit proof

21  of completion of any education or training so obtained for

22  purposes of demonstrating compliance with this section and

23  shall indicate that the person for whom the credits are

24  reported has secured the training under the special status

25  authorized by this section. A person permitted to associate

26  with such agency for the purpose of continuing training or

27  education may be required to attend such training at his or

28  her own expense. The agency shall provide guidance to such

29  persons as to what training is necessary for the associated

30  person to meet the standards set by the Criminal Justice

31  Standards and Training Commission. Any person who is permitted

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    Florida House of Representatives - 1998             CS/HB 3161

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  1  to associate with an agency for purposes of obtaining and

  2  reporting education or continuing training credits while

  3  serving in an elected or appointed public office shall not be

  4  considered to be employed by the agency, nor considered by his

  5  or her association with the agency, to maintain an office

  6  under s. 5(a) of Article II of the State Constitution.

  7         (c)  The period of time a person serves in an elected

  8  or appointed office and thereby maintains the special

  9  certification status authorized by this section may not be

10  considered in calculating whether the person is considered to

11  have incurred a break in service for purposes of maintaining

12  active certification by the Criminal Justice Standards and

13  Training Commission.

14         (d)  An employing agency that receives a resignation

15  from a person for the purpose of avoiding the dual office

16  holding prohibition as discussed in this subsection shall

17  verify that the person who has resigned is in fact serving in

18  an elected or public office and report the verification

19  including an indication of the office in which the person is

20  serving to the Criminal Justice Standards and Training

21  Commission via the affidavit of separation of employment used

22  by the commission.

23         (e)  Any person seeking the benefit of this subsection

24  shall, upon request, provide to the Criminal Justice Standards

25  and Training Commission any documentation or proof required by

26  the commission to evaluate the person's eligibility under this

27  subsection, to evaluate a submission of continuing training or

28  education credits as authorized by this subsection, or to

29  determine the duration of any tenure in an elected or

30  appointed public office, including any extension of the status

31  by reason of reelection or reappointment or by election or

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    Florida House of Representatives - 1998             CS/HB 3161

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  1  appointment to a different office. The commission is

  2  authorized to develop this program for implementation on July

  3  1, 1985, for full-time, part-time, or auxiliary law

  4  enforcement officers and correctional officers and a program

  5  for correctional probation officers for implementation on July

  6  1, 1987.

  7         Section 4.  This act shall take effect upon becoming a

  8  law.

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