Senate Bill sb0650

    Florida Senate - 2004                                   SB 650

    By Senator Fasano





    11-640-04

  1                      A bill to be entitled

  2         An act relating to the receipt and processing

  3         of complaints against law enforcement officers;

  4         amending s. 112.533, F.S.; requiring that all

  5         identifiable witnesses to a complaint against a

  6         law enforcement officer be interviewed before

  7         the interview of the accused officer; providing

  8         an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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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

16  officer or correctional officer with a law enforcement agency

17  or correctional agency and all information obtained pursuant

18  to the investigation by the agency of the such complaint shall

19  be confidential and exempt from the provisions of s. 119.07(1)

20  until the investigation ceases to be active, or until the

21  agency head or the agency head's designee provides written

22  notice to the officer who is the subject of the complaint,

23  either 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

27  proceed with disciplinary action or to file charges.

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29  Notwithstanding the foregoing provisions, the officer who is

30  the subject of the complaint, along with legal counsel or any

31  other representative of his or her choice, may review the

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    Florida Senate - 2004                                   SB 650
    11-640-04




 1  complaint and all statements regardless of form made by the

 2  complainant and all identifiable witnesses who shall be

 3  interviewed immediately prior to the beginning of the

 4  investigative interview of the accused officer. If a witness

 5  to a complaint is incarcerated in a correctional facility and

 6  may be under the supervision of, or have contact with, the

 7  officer under investigation, only the names and written

 8  statements of the complainant and nonincarcerated witnesses

 9  may be reviewed by the officer under investigation immediately

10  prior to the beginning of the investigative interview.

11         Section 2.  This act shall take effect July 1, 2004.

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14                          SENATE SUMMARY

15    Requires that all identifiable witnesses to a complaint
      against a law enforcement officer be interviewed before
16    the interview of the accused officer.

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CODING: Words stricken are deletions; words underlined are additions.