Senate Bill sb0652

    Florida Senate - 2004                                   SB 652

    By Senator Fasano





    11-712-04

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         112.533, F.S.; providing that a law enforcement

  4         officer's personal and private records that are

  5         in the possession of a law enforcement agency

  6         because of a complaint investigation are exempt

  7         from disclosure under the public records law;

  8         defining the term "personal and private

  9         records" for purposes of the exemption;

10         providing for future legislative review and

11         repeal; providing findings of public necessity;

12         providing a contingent effective date.

13  

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

15  

16         Section 1.  Subsection (2) of section 112.533, Florida

17  Statutes, is amended to read:

18         112.533  Receipt and processing of complaints.--

19         (2)(a)  A complaint filed against a law enforcement

20  officer or correctional officer with a law enforcement agency

21  or correctional agency and all information obtained pursuant

22  to the investigation by the agency of such complaint shall be

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

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

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

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

27  either personally or by mail, that the agency has either:

28         1.  Concluded the investigation with a finding not to

29  proceed with disciplinary action or to file charges; or

30         2.  Concluded the investigation with a finding to

31  proceed with disciplinary action or to file charges.

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    Florida Senate - 2004                                   SB 652
    11-712-04




 1  

 2  Notwithstanding the foregoing provisions, the officer who is

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

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

 5  complaint and all statements regardless of form made by the

 6  complainant and witnesses immediately prior to the beginning

 7  of the investigative interview. If a witness to a complaint is

 8  incarcerated in a correctional facility and may be under the

 9  supervision of, or have contact with, the officer under

10  investigation, only the names and written statements of the

11  complainant and nonincarcerated witnesses may be reviewed by

12  the officer under investigation immediately prior to the

13  beginning of the investigative interview.

14         (b)1.  This subsection does not apply to any public

15  record that which is exempt from public disclosure pursuant to

16  s. 119.07(3). In addition, any personal or private record

17  produced by the accused officer at the request of the agency

18  is confidential and exempt from s. 119.07(1) and s. 24(a),

19  Art. I of the State Constitution.

20         2.  As used in this subsection, the term "personal or

21  private record" means all written documents and other physical

22  items or objects, including, but not limited to, personal

23  phone records, cellular telephone records, financial records,

24  beeper and pager records, credit card and bank records,

25  electronic mail records, and video and audio cassettes, or

26  other objects made by or which are the property of the law

27  enforcement officer and intended for or restricted to his or

28  her use.

29         3.  For the purposes of this subsection, an

30  investigation shall be considered active as long as it is

31  continuing with a reasonable, good faith anticipation that an

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    Florida Senate - 2004                                   SB 652
    11-712-04




 1  administrative finding will be made in the foreseeable future.

 2  An investigation shall be presumed to be inactive if no

 3  finding is made within 45 days after the complaint is filed.

 4         (c)  Notwithstanding other provisions of this section,

 5  the complaint and information shall be available to law

 6  enforcement agencies, correctional agencies, and state

 7  attorneys in the conduct of a lawful criminal investigation.

 8         Section 2.  Section 112.533(2)(b)1., Florida Statutes,

 9  is subject to the Open Government Sunset Review Act of 1995 in

10  accordance with section 119.15, Florida Statutes, and shall

11  stand repealed on October 2, 2009, unless reviewed and saved

12  from repeal through reenactment by the Legislature.

13         Section 3.  The Legislature finds that it is a public

14  necessity to exempt from public disclosure all information

15  contained in the private or personal records of law

16  enforcement officers held by a law enforcement agency because

17  of a complaint filed against the officer. The Legislature

18  finds that it is good public policy to protect the personal

19  and private records of law enforcement officers accused in a

20  complaint filed with their law enforcement agency. The

21  Legislature finds that protecting the confidentiality and

22  preventing the disclosure of the information contained in the

23  law officers personal or private records will encourage

24  accused officers to fully cooperate with the law enforcement

25  agency with whom they are employed to quickly and effectively

26  resolve the complaint. The Legislature also finds that the

27  confidentiality and exemption from public disclosure provided

28  by this act prevents unnecessary and unwarranted intrusion

29  into the right of privacy of personal and sensitive

30  information about the officer and his or her family.

31  Disclosure of information in the officer's personal or private

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    Florida Senate - 2004                                   SB 652
    11-712-04




 1  records may also deter the collection of information integral

 2  to the investigation of the complaint filed against the law

 3  enforcement officer. Therefore, the Legislature finds that any

 4  benefit that could occur from public disclosure of the

 5  information in the personal or private records of an accused

 6  law enforcement officer is outweighed by the unwarranted

 7  intrusion into the privacy of the law officer and his or her

 8  family.

 9         Section 4.  This act shall take effect on the same date

10  that SB ____ or similar legislation takes effect, if such

11  legislation is adopted in the same legislative session or an

12  extension thereof and becomes law.

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15                          SENATE SUMMARY

16    Provides an exemption from disclosure under the public
      records law for a law enforcement officer's personal and
17    private records that are in the possession of a law
      enforcement agency because of a complaint investigation.
18    Provides a definition for personal and private records.
      Provides for future legislative review and repeal under
19    the Open Government Sunset Review Act of 1995. Provides a
      finding of public necessity.
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