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





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 937

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Judiciary offered the following:

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13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

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

18  section 112.532, Florida Statutes, to read:

19         112.532  Law enforcement officers' and correctional

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

21  correctional officers employed by or appointed to a law

22  enforcement agency or a correctional agency shall have the

23  following rights and privileges:

24         (1)  RIGHTS OF LAW ENFORCEMENT OFFICERS AND

25  CORRECTIONAL OFFICERS WHILE UNDER INVESTIGATION.--Whenever a

26  law enforcement officer or correctional officer is under

27  investigation and subject to interrogation by members of his

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

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

30  conducted under the following conditions:

31         (j)  Notwithstanding the rights and privileges provided

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 937

    Amendment No. 1 (for drafter's use only)





 1  by this part, this part does not limit the right of an agency

 2  to discipline or to pursue criminal charges against an

 3  officer.

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

 5  112.533, Florida Statutes, is amended to read:

 6         112.533  Receipt and processing of complaints.--

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

 8  officer or correctional officer with a law enforcement agency

 9  or correctional agency and all information obtained pursuant

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

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

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

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

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

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

16         1.  Concluded the investigation with a finding not to

17  proceed with disciplinary action or to file charges; or

18         2.  Concluded the investigation with a finding to

19  proceed with disciplinary action or to file charges.

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21  Notwithstanding the foregoing provisions, the officer who is

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

23  written statements regardless of form made by the complainant

24  and witnesses immediately prior to the beginning of the

25  investigative interview. If a witness to a complaint is

26  incarcerated in a correctional facility and may be under the

27  supervision of, or have contact with, the officer under

28  investigation, only the names and written statements of the

29  complainant and nonincarcerated witnesses may be reviewed by

30  the officer under investigation immediately prior to the

31  beginning of the investigative interview.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 937

    Amendment No. 1 (for drafter's use only)





 1         Section 3.  Section 112.534, Florida Statutes, is

 2  amended to read:

 3         112.534  Failure to comply.--

 4         (1)  If any law enforcement agency or correctional

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

 6  law enforcement officer or correctional officer employed by or

 7  appointed to such agency who is personally injured by such

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

 9  the county wherein such agency is headquartered and

10  permanently resides for an injunction to restrain and enjoin

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

12  the performance of the duties imposed by this part.

13         (2)  All the provisions of s. 839.25 shall apply to

14  this part.

15         Section 4.  Section 839.25, Florida Statutes, reads:

16         839.25  Official misconduct.--

17         (1)  "Official misconduct" means the commission of the

18  following act by a public servant, with corrupt intent to

19  obtain a benefit for himself or herself or another or to cause

20  unlawful harm to another:  knowingly falsifying, or causing

21  another to falsify, any official record or official document.

22         (2)  "Corrupt" means done with knowledge that act is

23  wrongful and with improper motives.

24         (3)  Official misconduct under this section is a felony

25  of the third degree, punishable as provided in s. 775.082, s.

26  775.083, or s. 775.084.

27         Section 5.  This act shall take effect July 1, 2000.

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30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 937

    Amendment No. 1 (for drafter's use only)





 1  remove from the title of the bill:  the entire title

 2

 3  and insert in lieu thereof:

 4                      A bill to be entitled

 5         An act relating to law enforcement and

 6         correctional officers; amending s. 112.532,

 7         F.S.; providing that a law enforcement or

 8         correctional agency may discipline or pursue

 9         criminal charges against an officer; amending

10         s. 112.533, F.S.; providing that the subject of

11         a complaint may review oral statements made by

12         or on behalf of the complainant and witnesses;

13         amending s. 112.534, F.S.; providing a penalty

14         for failure to comply with pt. VI of ch. 112,

15         F.S.; providing an effective date.

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