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