Senate Bill sb1856

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    Florida Senate - 2003                                  SB 1856

    By Senator Diaz de la Portilla





    36-715-03

  1                      A bill to be entitled

  2         An act relating to law enforcement officers and

  3         correctional officers; amending s. 112.532,

  4         F.S.; revising provisions relating to

  5         disciplinary actions against officers;

  6         providing grounds for civil actions by

  7         officers; providing for officers to obtain

  8         investigative reports; revising guidelines for

  9         questioning officers who are being

10         investigated; providing an effective date.

11  

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

13  

14         Section 1.  Subsections (1), (3), and (4) of section

15  112.532, Florida Statutes, are amended to read:

16         112.532  Law enforcement officers' and correctional

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

18  correctional officers employed by or appointed to a law

19  enforcement agency or a correctional agency shall have the

20  following rights and privileges:

21         (1)  RIGHTS OF LAW ENFORCEMENT OFFICERS AND

22  CORRECTIONAL OFFICERS WHILE UNDER INVESTIGATION.--Whenever a

23  law enforcement officer or correctional officer is under

24  investigation and subject to interrogation by members of his

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

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

27  conducted under the following conditions:

28         (a)  The interrogation shall be conducted at a

29  reasonable hour, preferably at a time when the law enforcement

30  officer or correctional officer is on duty, unless the

31  

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    Florida Senate - 2003                                  SB 1856
    36-715-03




 1  seriousness of the investigation is of such a degree that

 2  immediate action is required.

 3         (b)  The interrogation shall take place either at the

 4  office of the command of the investigating officer or at the

 5  office of the local precinct, police unit, or correctional

 6  unit in which the incident allegedly occurred, as designated

 7  by the investigating officer or agency.

 8         (c)  The law enforcement officer or correctional

 9  officer under investigation shall be informed of the rank,

10  name, and command of the officer in charge of the

11  investigation, the interrogating officer, and all persons

12  present during the interrogation.  All questions directed to

13  the officer under interrogation shall be asked by or and

14  through one interrogator at any one time.

15         (d)  The law enforcement officer or correctional

16  officer under investigation shall be informed of the nature of

17  the investigation prior to any interrogation, and he or she

18  shall be informed of the name of all complainants.

19         (e)  Interrogating sessions shall be for reasonable

20  periods and shall be timed to allow for such personal

21  necessities and rest periods as are reasonably necessary.

22         (f)  The law enforcement officer or correctional

23  officer under interrogation shall not be subjected to

24  offensive language or be threatened with transfer, dismissal,

25  or disciplinary action. No promise or reward shall be made as

26  an inducement to answer any questions.

27         (g)  The formal interrogation of a law enforcement

28  officer or correctional officer, including all recess periods,

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

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

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

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    Florida Senate - 2003                                  SB 1856
    36-715-03




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

 2  recording of the interrogation session must be made available

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

 4  holidays and weekends, following said interrogation.

 5         (h)  If the law enforcement officer or correctional

 6  officer under interrogation is under arrest, or is likely to

 7  be placed under arrest as a result of the interrogation, he or

 8  she shall be completely informed of all his or her rights

 9  prior to the commencement of the interrogation.

10         (i)  At the request of any law enforcement officer or

11  correctional officer under investigation, he or she shall have

12  the right to be represented by counsel or any other

13  representative of his or her choice, who shall be present at

14  all times during such interrogation whenever the interrogation

15  relates to the officer's continued fitness for law enforcement

16  or correctional service.

17         (j)  Notwithstanding the rights and privileges provided

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

19  to discipline or to pursue criminal charges against an

20  officer.

21         (3)  CIVIL SUITS BROUGHT BY LAW ENFORCEMENT OFFICERS OR

22  CORRECTIONAL OFFICERS.--Every law enforcement officer or

23  correctional officer shall have the right to bring civil suit

24  against any person, group of persons, or organization or

25  corporation, or the head of such organization or corporation,

26  for damages, either pecuniary or otherwise, suffered during

27  the performance of the officer's official duties, or for

28  abridgment of the officer's civil rights arising out of the

29  officer's performance of official duties, or for filing a

30  complaint against the officer which the person knew was false

31  when it was filed.

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    Florida Senate - 2003                                  SB 1856
    36-715-03




 1         (4)(a)  NOTICE OF DISCIPLINARY ACTION.--No dismissal,

 2  demotion, transfer, reassignment, or other personnel action

 3  which might result in loss of pay or benefits or which might

 4  otherwise be considered a punitive measure shall be taken

 5  against any law enforcement officer or correctional officer

 6  unless such law enforcement officer or correctional officer is

 7  notified of the action and the reason or reasons therefor

 8  prior to the effective date of such action.

 9         (b)  Notwithstanding s. 112.533(2), a law enforcement

10  officer or correctional officer who is subject to a proposed

11  disciplinary action shall, upon request, be given a copy of

12  the complete investigative report and supporting documents and

13  given the opportunity to address the findings of the report

14  with the employing agency before the imposition of any

15  disciplinary action.

16         Section 2.  This act shall take effect July 1, 2003.

17  

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19                          SENATE SUMMARY

20    Revises provisions related to the rights of law
      enforcement officers and correctional officers. Provides
21    additional grounds for officers to file civil suits
      against other persons. Provides for officers to obtain
22    investigative reports in disciplinary actions against
      such officers.
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