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A bill to be entitled |
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An act relating to law enforcement and correctional |
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officers; amending s. 112.532, F.S.; revising provisions |
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relating to rights of officers under investigation, civil |
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suits brought by officers, and notice of disciplinary |
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actions; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Paragraph (c) of subsection (1) and subsections |
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(3) and (4) of section 112.532, Florida Statutes, are amended to |
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read: |
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112.532 Law enforcement officers' and correctional |
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officers' rights.--All law enforcement officers and correctional |
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officers employed by or appointed to a law enforcement agency or |
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a correctional agency shall have the following rights and |
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privileges: |
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(1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL |
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OFFICERS WHILE UNDER INVESTIGATION.--Whenever a law enforcement |
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officer or correctional officer is under investigation and |
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subject to interrogation by members of his or her agency for any |
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reason which could lead to disciplinary action, demotion, or |
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dismissal, such interrogation shall be conducted under the |
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following conditions: |
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(c) The law enforcement officer or correctional officer |
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under investigation shall be informed of the rank, name, and |
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command of the officer in charge of the investigation, the |
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interrogating officer, and all persons present during the |
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interrogation. All questions directed to the officer under |
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interrogation shall be asked byorandthrough one interrogator |
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during any one investigative interrogationat any one time. |
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(3) CIVIL SUITS BROUGHT BY LAW ENFORCEMENT OFFICERS OR |
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CORRECTIONAL OFFICERS.--Every law enforcement officer or |
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correctional officer shall have the right to bring civil suit |
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against any person, group of persons, or organization or |
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corporation, or the head of such organization or corporation, |
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for damages, either pecuniary or otherwise, suffered during the |
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performance of the officer's official duties,orfor abridgment |
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of the officer's civil rights arising out of the officer's |
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performance of official duties, or for filing a complaint |
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against the officer which is known to be false at the time it is |
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filed. |
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(4) NOTICE OF DISCIPLINARY ACTION.-- |
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(a)No dismissal, demotion, transfer, reassignment, or |
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other personnel action which might result in loss of pay or |
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benefits or which might otherwise be considered a punitive |
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measure shall be taken against any law enforcement officer or |
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correctional officer unless such law enforcement officer or |
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correctional officer is notified of the action and the reason or |
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reasons therefor prior to the effective date of such action. |
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(b) Notwithstanding the provisions of s. 112.533(2), |
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whenever a law enforcement officer or correctional officer is |
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subject to proposed disciplinary action, demotion, or dismissal, |
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the officer shall, upon request, be provided with a complete |
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copy of the investigative report and supporting documents and |
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with the opportunity to address the findings in the report with |
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the employing agency prior to the imposition of the disciplinary |
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action, demotion, or dismissal. Except as provided in this |
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subsection, the contents of the complaint and investigation |
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shall otherwise remain confidential until such time as the |
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officer has been given the opportunity to respond. |
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Section 2. This act shall take effect upon becoming a law. |
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