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House Bill 0465

Florida House of Representatives - 1997 HB 465 By Representative Flanagan 1 A bill to be entitled 2 An act relating to criminal justice officers; 3 amending s. 112.532, F.S., relating to law 4 enforcement officers' and correctional 5 officers' rights; requiring certain notice to a 6 law enforcement officer or correctional officer 7 under internal investigation; providing a 8 limitation with respect to the right to counsel 9 or representation of the officer under 10 investigation; repealing s. 112.533(3), F.S., 11 relating to the offense of willful disclosure 12 by a participant in an internal investigation 13 of certain confidential information; amending 14 s. 119.07, F.S., relating to inspection, 15 examination, and duplication of public records; 16 providing that the exemption from public 17 records requirements for photographs of former 18 or active law enforcement personnel is 19 inapplicable in the case of arrested personnel; 20 providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Paragraph (i) of subsection (1) of section 25 112.532, Florida Statutes, is amended to read: 26 112.532 Law enforcement officers' and correctional 27 officers' rights.--All law enforcement officers and 28 correctional officers employed by or appointed to a law 29 enforcement agency or a correctional agency shall have the 30 following rights and privileges: 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 465 570-127-97 1 (1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND 2 CORRECTIONAL OFFICERS WHILE UNDER INVESTIGATION.--Whenever a 3 law enforcement officer or correctional officer is under 4 investigation and subject to interrogation by members of his 5 or her agency for any reason which could lead to disciplinary 6 action, demotion, or dismissal, such interrogation shall be 7 conducted under the following conditions: 8 (i) Any law enforcement officer or correctional 9 officer under internal investigation shall be notified prior 10 to any interrogation that the current allegations against the 11 officer, if sustained, could result in the officer's 12 termination. At the request of any law enforcement officer or 13 correctional officer under investigation, he or she shall have 14 the right to be represented by counsel or any other 15 representative of his or her choice, who shall be present at 16 all times during such interrogation whenever the interrogation 17 relates only to an internal investigation which, if the 18 specific charges or allegations currently being investigated 19 were to be sustained, could result in the officer's 20 termination the officer's continued fitness for law 21 enforcement or correctional service. 22 Section 2. Subsection (3) of section 112.533, Florida 23 Statutes, is hereby repealed: 24 112.533 Receipt and processing of complaints.-- 25 (3) Any person who is a participant in an internal 26 investigation, including the complainant, the subject of the 27 investigation, the investigator conducting the investigation, 28 and any witnesses in the investigation, who willfully 29 discloses any information obtained pursuant to the agency's 30 investigation, including, but not limited to, the identity of 31 the officer under investigation, the nature of the questions 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 465 570-127-97 1 asked, information revealed, or documents furnished in 2 connection with a confidential internal investigation of an 3 agency, before such complaint, document, action, or proceeding 4 becomes a public record as provided in this section commits a 5 misdemeanor of the first degree, punishable as provided in s. 6 775.082 or s. 775.083. However, this subsection does not limit 7 a law enforcement or correctional officer's ability to gain 8 access to information under paragraph (2)(a). 9 Section 3. Paragraph (i) of subsection (3) of section 10 119.07, Florida Statutes, 1996 Supplement, is amended to read: 11 119.07 Inspection, examination, and duplication of 12 records; exemptions.-- 13 (3) 14 (i)1. The home addresses, telephone numbers, social 15 security numbers, and photographs of active or former law 16 enforcement personnel, including correctional and correctional 17 probation officers, personnel of the Department of Health and 18 Rehabilitative Services whose duties include the investigation 19 of abuse, neglect, exploitation, fraud, theft, or other 20 criminal activities, and personnel of the Department of 21 Revenue or local governments whose responsibilities include 22 revenue collection and enforcement or child support 23 enforcement; the home addresses, telephone numbers, social 24 security numbers, photographs, and places of employment of the 25 spouses and children of such personnel; and the names and 26 locations of schools and day care facilities attended by the 27 children of such personnel are exempt from the provisions of 28 subsection (1). The home addresses, telephone numbers, and 29 photographs of firefighters certified in compliance with s. 30 633.35; the home addresses, telephone numbers, photographs, 31 and places of employment of the spouses and children of such 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 465 570-127-97 1 firefighters; and the names and locations of schools and day 2 care facilities attended by the children of such firefighters 3 are exempt from subsection (1). The home addresses and 4 telephone numbers of justices of the Supreme Court, district 5 court of appeal judges, circuit court judges, and county court 6 judges; the home addresses, telephone numbers, and places of 7 employment of the spouses and children of justices and judges; 8 and the names and locations of schools and day care facilities 9 attended by the children of justices and judges are exempt 10 from the provisions of subsection (1). The home addresses, 11 telephone numbers, social security numbers, and photographs of 12 current or former state attorneys, assistant state attorneys, 13 statewide prosecutors, or assistant statewide prosecutors; the 14 home addresses, telephone numbers, social security numbers, 15 photographs, and places of employment of the spouses and 16 children of current or former state attorneys, assistant state 17 attorneys, statewide prosecutors, or assistant statewide 18 prosecutors; and the names and locations of schools and day 19 care facilities attended by the children of current or former 20 state attorneys, assistant state attorneys, statewide 21 prosecutors, or assistant statewide prosecutors are exempt 22 from subsection (1) and s. 24(a), Art. I of the State 23 Constitution. The home addresses and home telephone numbers of 24 county and municipal code inspectors and code enforcement 25 officers are confidential and exempt from the provisions of 26 subsection (1) and s. 24(a), Art. I of the State Constitution. 27 2. An agency that is the custodian of the personal 28 information specified in subparagraph 1. and that is not the 29 employer of the officer, employee, justice, judge, or other 30 person specified in subparagraph 1. shall maintain the 31 confidentiality of the personal information only if the 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 465 570-127-97 1 officer, employee, justice, judge, other person, or employing 2 agency of the designated employee submits a written request 3 for confidentiality to the custodial agency. 4 3. The exemption as it relates to photographs of 5 active or former law enforcement personnel pursuant to 6 subparagraphs 1. and 2. of this paragraph is not applicable in 7 the case of active or former law enforcement personnel 8 arrested for any criminal act. 9 Section 4. This act shall take effect upon becoming 10 law. 11 12 ***************************************** 13 HOUSE SUMMARY 14 Requires certain notice regarding possible termination to 15 a law enforcement officer or correctional officer under internal investigation. Provides a limitation with 16 respect to the right to counsel or representation of the officer under investigation. Repeals specified 17 provisions relating to the offense of willful disclosure by a participant in an internal investigation of certain 18 confidential information. Provides that the exemption from public records requirements for photographs of 19 former or active law enforcement personnel is inapplicable in the case of arrested personnel. 20 21 22 23 24 25 26 27 28 29 30 31 5