House Bill 3949

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    Florida House of Representatives - 1998                HB 3949

        By Representative Healey






  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 that nothing in the section

  5         shall limit the right of a law enforcement or

  6         correctional agency to discipline or pursue

  7         criminal charges against an officer; amending

  8         s. 122.533, F.S.; revising language with

  9         respect to the receipt and processing of

10         complaints to provide for certain recorded

11         statements; amending s. 122.534, F.S.;

12         providing a penalty for failure to comply with

13         part VI of chapter 112, F.S.; providing

14         definitions; providing an effective date.

15

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

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18         Section 1.  Paragraph (j) is added to subsection (1) of

19  section 112.532, Florida Statutes, to read:

20         112.532  Law enforcement officers' and correctional

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

22  correctional officers employed by or appointed to a law

23  enforcement agency or a correctional agency shall have the

24  following rights and privileges:

25         (1)  RIGHTS OF LAW ENFORCEMENT OFFICERS AND

26  CORRECTIONAL OFFICERS WHILE UNDER INVESTIGATION.--Whenever a

27  law enforcement officer or correctional officer is under

28  investigation and subject to interrogation by members of his

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

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

31  conducted under the following conditions:

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    Florida House of Representatives - 1998                HB 3949

    268-243-98






  1         (j)  Notwithstanding the rights and privileges provided

  2  by this section, nothing in this section shall limit the right

  3  of an agency to discipline or to pursue criminal charges

  4  against an officer.

  5         Section 2.  Paragraph (a) of subsection (2) of section

  6  112.533, Florida Statutes, is amended to read:

  7         112.533  Receipt and processing of complaints.--

  8         (2)(a)  A complaint filed against a law enforcement

  9  officer or correctional officer with a law enforcement agency

10  or correctional agency and all information obtained pursuant

11  to the investigation by the agency of such complaint shall be

12  confidential and exempt from the provisions of s. 119.07(1)

13  until the investigation ceases to be active, or until the

14  agency head or the agency head's designee provides written

15  notice to the officer who is the subject of the complaint,

16  either personally or by mail, that the agency has either:

17         1.  Concluded the investigation with a finding not to

18  proceed with disciplinary action or to file charges; or

19         2.  Concluded the investigation with a finding to

20  proceed with disciplinary action or to file charges.

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22  Notwithstanding the foregoing provisions, the officer who is

23  the subject of the complaint may review the complaint and all

24  written or otherwise recorded statements made by or on behalf

25  of the complainant and witnesses immediately prior to the

26  beginning of the investigative interview. If a witness to a

27  complaint is incarcerated in a correctional facility and may

28  be under the supervision of, or have contact with, the officer

29  under investigation, only the names and written or otherwise

30  recorded statements of the complainant and nonincarcerated

31  witnesses may be reviewed by the officer under investigation

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    Florida House of Representatives - 1998                HB 3949

    268-243-98






  1  immediately prior to the beginning of the investigative

  2  interview.

  3         Section 3.  Section 112.534, Florida Statutes, is

  4  amended to read:

  5         112.534  Failure to comply.--

  6         (1)  If any law enforcement agency or correctional

  7  agency fails to comply with the requirements of this part, a

  8  law enforcement officer or correctional officer employed by or

  9  appointed to such agency who is personally injured by such

10  failure to comply may apply directly to the circuit court of

11  the county wherein such agency is headquartered and

12  permanently resides for an injunction to restrain and enjoin

13  such violation of the provisions of this part and to compel

14  the performance of the duties imposed by this part.

15         (2)(a)  If, during the course of an interrogation

16  governed by this part, the interrogator willfully and

17  knowingly refuses, with corrupt intent, to comply with the

18  requirements of this part, that person shall, upon conviction,

19  be guilty of a misdemeanor of the first degree, punishable as

20  provided for in s. 775.082 or s. 775.083.

21         (b)  For the purposes of this subsection, the term:

22         1.  "Willfully and knowingly refuses" means

23  circumstances where either the officer being interrogated or

24  his or her representative objects to a specific violation of

25  this part and the interrogator continues the violation after

26  such objection is made.

27         2.  "Corrupt intent" means done with knowledge that the

28  act is wrongful and with improper motives.

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

30  law.

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    Florida House of Representatives - 1998                HB 3949

    268-243-98






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  2                          HOUSE SUMMARY

  3
      Revises a provision of law concerning law enforcement
  4    officers' and correctional officers' rights under part VI
      of chapter 112, F.S., to provide that the provision shall
  5    not limit the right of an agency to discipline or pursue
      criminal charges against an officer. Revises a provision
  6    of law governing the failure or a law enforcement agency
      or correctional agency to comply with part VI of chapter
  7    112, F.S., to provide a first degree misdemeanor penalty
      to fail with the requirements of the part under described
  8    circumstances. See bill for details.

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