| 1 | The Committee on Public Safety & Crime Prevention recommends the |
| 2 | following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to public records concerning law |
| 8 | enforcement officers and correctional officers; amending |
| 9 | s. 112.533, F.S.; providing that personal and private |
| 10 | records of law enforcement officers and correctional |
| 11 | officers that are held in the possession of a law |
| 12 | enforcement agency or correctional agency because of a |
| 13 | complaint investigation are exempt from disclosure under |
| 14 | the public records law; defining the term "personal or |
| 15 | private record" for purposes of the exemption; providing |
| 16 | for future legislative review and repeal; providing |
| 17 | findings of public necessity; providing a contingent |
| 18 | effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsection (2) of section 112.533, Florida |
| 23 | Statutes, is amended to read: |
| 24 | 112.533 Receipt and processing of complaints.-- |
| 25 | (2)(a) A complaint filed against a law enforcement officer |
| 26 | or correctional officer with a law enforcement agency or |
| 27 | correctional agency and all information obtained pursuant to the |
| 28 | investigation by the agency of such complaint shall be |
| 29 | confidential and exempt from the provisions of s. 119.07(1) |
| 30 | until the investigation ceases to be active, or until the agency |
| 31 | head or the agency head's designee provides written notice to |
| 32 | the officer who is the subject of the complaint, either |
| 33 | personally or by mail, that the agency has either: |
| 34 | 1. Concluded the investigation with a finding not to |
| 35 | proceed with disciplinary action or to file charges; or |
| 36 | 2. Concluded the investigation with a finding to proceed |
| 37 | with disciplinary action or to file charges. |
| 38 |
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| 39 | Notwithstanding the foregoing provisions, the officer who is the |
| 40 | subject of the complaint, along with legal counsel or any other |
| 41 | representative of his or her choice, may review the complaint |
| 42 | and all statements regardless of form made by the complainant |
| 43 | and witnesses immediately prior to the beginning of the |
| 44 | investigative interview. If a witness to a complaint is |
| 45 | incarcerated in a correctional facility and may be under the |
| 46 | supervision of, or have contact with, the officer under |
| 47 | investigation, only the names and written statements of the |
| 48 | complainant and nonincarcerated witnesses may be reviewed by the |
| 49 | officer under investigation immediately prior to the beginning |
| 50 | of the investigative interview. |
| 51 | (b)1. This subsection does not apply to any public record |
| 52 | that which is exempt from public disclosure pursuant to s. |
| 53 | 119.07(3). In addition, any personal or private record produced |
| 54 | by the accused officer at the request of the agency is |
| 55 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
| 56 | of the State Constitution. |
| 57 | 2. As used in this subsection, the term "personal or |
| 58 | private record" means personal telephone records, cellular |
| 59 | telephone records, financial records, beeper and pager records, |
| 60 | credit card and bank records, electronic mail records, and video |
| 61 | and audio cassettes, or other objects made by or which are the |
| 62 | property of the law enforcement officer or correctional officer |
| 63 | and intended for or restricted to his or her use. |
| 64 | 3. For the purposes of this subsection, an investigation |
| 65 | shall be considered active as long as it is continuing with a |
| 66 | reasonable, good faith anticipation that an administrative |
| 67 | finding will be made in the foreseeable future. An investigation |
| 68 | shall be presumed to be inactive if no finding is made within 45 |
| 69 | days after the complaint is filed. |
| 70 | (c) Notwithstanding other provisions of this section, the |
| 71 | complaint and information shall be available to law enforcement |
| 72 | agencies, correctional agencies, and state attorneys in the |
| 73 | conduct of a lawful criminal investigation. |
| 74 | Section 2. Section 112.533(2)(b)1., Florida Statutes, is |
| 75 | subject to the Open Government Sunset Review Act of 1995 in |
| 76 | accordance with s. 119.15, Florida Statutes, and shall stand |
| 77 | repealed on October 2, 2009, unless reviewed and saved from |
| 78 | repeal through reenactment by the Legislature. |
| 79 | Section 3. The Legislature finds that it is a public |
| 80 | necessity to exempt from public disclosure all information |
| 81 | contained in the private or personal records of any law |
| 82 | enforcement officer or correctional officer held by a law |
| 83 | enforcement agency or correctional agency because of a complaint |
| 84 | filed against the officer. The Legislature finds that it is good |
| 85 | public policy to protect the personal and private records of law |
| 86 | enforcement officers or correctional officers accused in a |
| 87 | complaint filed with their law enforcement agency or |
| 88 | correctional agency. The Legislature finds that protecting the |
| 89 | confidentiality and preventing the disclosure of the information |
| 90 | contained in the law enforcement officer's or correctional |
| 91 | officer's personal or private records will encourage accused |
| 92 | officers to fully cooperate with the law enforcement agency or |
| 93 | correctional agency with whom they are employed to quickly and |
| 94 | effectively resolve the complaint. The Legislature also finds |
| 95 | that the confidentiality and exemption from public disclosure |
| 96 | provided by this act prevents unnecessary and unwarranted |
| 97 | intrusion into the right of privacy of personal and sensitive |
| 98 | information about the officer and his or her family. Disclosure |
| 99 | of information in the officer's personal or private records may |
| 100 | also deter the collection of information integral to the |
| 101 | investigation of the complaint filed against the officer. |
| 102 | Therefore, the Legislature finds that any benefit that could |
| 103 | occur from public disclosure of the information in the personal |
| 104 | or private records of an accused law enforcement officer or |
| 105 | correctional officer is outweighed by the unwarranted intrusion |
| 106 | into the privacy of the officer and his or her family. |
| 107 | Section 4. This act shall take effect on the same date |
| 108 | that HB 431 or similar legislation takes effect, if such |
| 109 | legislation is adopted in the same legislative session or an |
| 110 | extension thereof and becomes law. |