HB 0433 2004
1	A bill to be entitled
2	An act relating to public records concerning law
3	enforcement officers and correctional officers; amending
4	s. 112.533, F.S.; providing that a law enforcement
5	officer's or correctional officer's personal and private
6	records that are in the possession of a law enforcement
7	agency or correctional agency because of a complaint
8	investigation are exempt from disclosure under the public
9	records law; defining the term "personal or private
10	record" for purposes of the exemption; providing for
11	future legislative review and repeal; providing findings
12	of public necessity; providing a contingent effective
13	date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. Subsection (2) of section 112.533, Florida
18	Statutes, is amended to read:
19	112.533 Receipt and processing of complaints.--
20	(2)(a) A complaint filed against a law enforcement officer
21	or correctional officer with a law enforcement agency or
22	correctional agency and all information obtained pursuant to the
23	investigation by the agency of such complaint shall be
24	confidential and exempt from the provisions of s. 119.07(1)
25	until the investigation ceases to be active, or until the agency
26	head or the agency head's designee provides written notice to
27	the officer who is the subject of the complaint, either
28	personally or by mail, that the agency has either:
29	1. Concluded the investigation with a finding not to
30	proceed with disciplinary action or to file charges; or
31	2. Concluded the investigation with a finding to proceed
32	with disciplinary action or to file charges.
33
34	Notwithstanding the foregoing provisions, the officer who is the
35	subject of the complaint, along with legal counsel or any other
36	representative of his or her choice, may review the complaint
37	and all statements regardless of form made by the complainant
38	and witnesses immediately prior to the beginning of the
39	investigative interview. If a witness to a complaint is
40	incarcerated in a correctional facility and may be under the
41	supervision of, or have contact with, the officer under
42	investigation, only the names and written statements of the
43	complainant and nonincarcerated witnesses may be reviewed by the
44	officer under investigation immediately prior to the beginning
45	of the investigative interview.
46	(b)1. This subsection does not apply to any public record
47	that whichis exempt from public disclosure pursuant to s.
48	119.07(3). In addition, any personal or private record produced
49	by the accused officer at the request of the agency is
50	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
51	of the State Constitution.
52	2. As used in this subsection, the term "personal or
53	private record" means all written documents and other physical
54	items or objects, including, but not limited to, personal
55	telephone records, cellular telephone records, financial
56	records, beeper and pager records, credit card and bank records,
57	electronic mail records, and video and audio cassettes, or other
58	objects made by or which are the property of the law enforcement
59	officer or correctional officer and intended for or restricted
60	to his or her use.
61	3.For the purposes of this subsection, an investigation
62	shall be considered active as long as it is continuing with a
63	reasonable, good faith anticipation that an administrative
64	finding will be made in the foreseeable future. An investigation
65	shall be presumed to be inactive if no finding is made within 45
66	days after the complaint is filed.
67	(c) Notwithstanding other provisions of this section, the
68	complaint and information shall be available to law enforcement
69	agencies, correctional agencies, and state attorneys in the
70	conduct of a lawful criminal investigation.
71	Section 2. Section 112.533(2)(b)1., Florida Statutes, is
72	subject to the Open Government Sunset Review Act of 1995 in
73	accordance with s. 119.15, Florida Statutes, and shall stand
74	repealed on October 2, 2009, unless reviewed and saved from
75	repeal through reenactment by the Legislature.
76	Section 3. The Legislature finds that it is a public
77	necessity to exempt from public disclosure all information
78	contained in the private or personal records of any law
79	enforcement officer or correctional officer held by a law
80	enforcement agency or correctional agency because of a complaint
81	filed against the officer. The Legislature finds that it is good
82	public policy to protect the personal and private records of law
83	enforcement officers or correctional officers accused in a
84	complaint filed with their law enforcement agency or
85	correctional agency. The Legislature finds that protecting the
86	confidentiality and preventing the disclosure of the information
87	contained in the law enforcement officer's or correctional
88	officer's personal or private records will encourage accused
89	officers to fully cooperate with the law enforcement agency or
90	correctional agency with whom they are employed to quickly and
91	effectively resolve the complaint. The Legislature also finds
92	that the confidentiality and exemption from public disclosure
93	provided by this act prevents unnecessary and unwarranted
94	intrusion into the right of privacy of personal and sensitive
95	information about the officer and his or her family. Disclosure
96	of information in the officer's personal or private records may
97	also deter the collection of information integral to the
98	investigation of the complaint filed against the officer.
99	Therefore, the Legislature finds that any benefit that could
100	occur from public disclosure of the information in the personal
101	or private records of an accused law enforcement officer or
102	correctional officer is outweighed by the unwarranted intrusion
103	into the privacy of the officer and his or her family.
104	Section 4. This act shall take effect on the same date
105	that HB 431 or similar legislation takes effect, if such
106	legislation is adopted in the same legislative session or an
107	extension thereof and becomes law.