HB 0401 2003
1	CHAMBER ACTION
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6	The Committee on Public Safety & Crime Prevention recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to law enforcement and correctional
13	officers; amending s. 112.532, F.S.; revising provisions
14	relating to rights of officers under investigation, civil
15	suits brought by officers, and notice of disciplinary
16	actions; providing an effective date.
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18	Be It Enacted by the Legislature of the State of Florida:
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20	Section 1. Paragraph (c) of subsection (1) and subsections
21	(3) and (4) of section 112.532, Florida Statutes, are amended to
22	read:
23	112.532 Law enforcement officers' and correctional
24	officers' rights.--All law enforcement officers and correctional
25	officers employed by or appointed to a law enforcement agency or
26	a correctional agency shall have the following rights and
27	privileges:
28	(1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL
29	OFFICERS WHILE UNDER INVESTIGATION.--Whenever a law enforcement
30	officer or correctional officer is under investigation and
31	subject to interrogation by members of his or her agency for any
32	reason which could lead to disciplinary action, demotion, or
33	dismissal, such interrogation shall be conducted under the
34	following conditions:
35	(c) The law enforcement officer or correctional officer
36	under investigation shall be informed of the rank, name, and
37	command of the officer in charge of the investigation, the
38	interrogating officer, and all persons present during the
39	interrogation. All questions directed to the officer under
40	interrogation shall be asked by orand through one interrogator
41	during any one investigative interrogation, unless specifically
42	waived by the officer under investigationat any one time.
43	(3) CIVIL SUITS BROUGHT BY LAW ENFORCEMENT OFFICERS OR
44	CORRECTIONAL OFFICERS.--Every law enforcement officer or
45	correctional officer shall have the right to bring civil suit
46	against any person, group of persons, or organization or
47	corporation, or the head of such organization or corporation,
48	for damages, either pecuniary or otherwise, suffered during the
49	performance of the officer's official duties,orfor abridgment
50	of the officer's civil rights arising out of the officer's
51	performance of official duties, or for filing a complaint
52	against the officer which is known to be false at the time it is
53	filed. This section does not establish a separate civil action
54	against the officer’s employing law enforcement agency for the
55	investigation and processing of a complaint filed under this
56	part.
57	(4) NOTICE OF DISCIPLINARY ACTION.--
58	(a)No dismissal, demotion, transfer, reassignment, or
59	other personnel action which might result in loss of pay or
60	benefits or which might otherwise be considered a punitive
61	measure shall be taken against any law enforcement officer or
62	correctional officer unless such law enforcement officer or
63	correctional officer is notified of the action and the reason or
64	reasons therefor prior to the effective date of such action.
65	(b) Notwithstanding the provisions of s. 112.533(2),
66	whenever a law enforcement officer or correctional officer is
67	subject to disciplinary action consisting of suspension with
68	loss of pay, demotion, or dismissal, the officer shall, upon
69	request, be provided with a complete copy of the investigative
70	report and supporting documents and with the opportunity to
71	address the findings in the report with the employing law
72	enforcement agency prior to the imposition of the disciplinary
73	action consisting of suspension with loss of pay, demotion, or
74	dismissal. The contents of the complaint and investigation shall
75	remain confidential until such time as the employing law
76	enforcement agency makes a final determination whether or not to
77	issue a notice of disciplinary action consisting of suspension
78	with loss of pay, demotion, or dismissal. This provision shall
79	not be construed to provide law enforcement officers with a
80	property interest or expectancy of continued employment,
81	employment, or appointment as a law enforcement officer.
82	Section 2. This act shall take effect upon becoming a law.