HB 0431 2004
1	A bill to be entitled
2	An act relating to the receipt and processing of
3	complaints against law enforcement officers and
4	correctional officers; amending s. 112.533, F.S.;
5	requiring that all identifiable witnesses to a complaint
6	against a law enforcement officer or correctional officer
7	be interviewed before the interview of the accused
8	officer; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1. Paragraph (a) of subsection (2) of section
13	112.533, Florida Statutes, is amended to read:
14	112.533 Receipt and processing of complaints.--
15	(2)(a) A complaint filed against a law enforcement officer
16	or correctional officer with a law enforcement agency or
17	correctional agency and all information obtained pursuant to the
18	investigation by the agency of the suchcomplaint shall be
19	confidential and exempt from the provisions of s. 119.07(1)
20	until the investigation ceases to be active, or until the agency
21	head or the agency head's designee provides written notice to
22	the officer who is the subject of the complaint, either
23	personally or by mail, that the agency has either:
24	1. Concluded the investigation with a finding not to
25	proceed with disciplinary action or to file charges; or
26	2. Concluded the investigation with a finding to proceed
27	with disciplinary action or to file charges.
28
29	Notwithstanding the foregoing provisions, the officer who is the
30	subject of the complaint, along with legal counsel or any other
31	representative of his or her choice, may review the complaint
32	and all statements regardless of form made by the complainant
33	and all identifiable witnesses who shall be interviewed
34	immediately prior to the beginning of the investigative
35	interview of the accused officer. If a witness to a complaint is
36	incarcerated in a correctional facility and may be under the
37	supervision of, or have contact with, the officer under
38	investigation, only the names and written statements of the
39	complainant and nonincarcerated witnesses may be reviewed by the
40	officer under investigation immediately prior to the beginning
41	of the investigative interview.
42	Section 2. This act shall take effect July 1, 2004.