Senate Bill sb0306

    Florida Senate - 2005                                   SB 306

    By Senator Fasano





    11-300-05

  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 an 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.

                                  1

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






    Florida Senate - 2005                                   SB 306
    11-300-05




 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(6). 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

                                  2

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






    Florida Senate - 2005                                   SB 306
    11-300-05




 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, 2010, 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 a law enforcement officer who is the

20  subject of a complaint filed with the officer's law

21  enforcement agency. The Legislature finds that protecting the

22  confidentiality and preventing the disclosure of the

23  information contained in the officer's personal or private

24  records will encourage the accused officer to fully cooperate

25  with the law enforcement agency with whom the officer is

26  employed in order to quickly and effectively resolve the

27  complaint. The Legislature also finds that the confidentiality

28  and exemption from public disclosure provided by this act

29  prevents unnecessary and unwarranted intrusion into the right

30  of privacy of personal and sensitive information concerning

31  the officer and his or her family. Disclosure of information

                                  3

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






    Florida Senate - 2005                                   SB 306
    11-300-05




 1  in the officer's personal or private records may also deter

 2  the collection of information integral to the investigation of

 3  the complaint filed against the law enforcement officer.

 4  Therefore, the Legislature finds that any benefit that could

 5  occur from public disclosure of the information in the

 6  personal or private records of an accused law enforcement

 7  officer is outweighed by the unwarranted intrusion into the

 8  privacy of the law officer and his or her family.

 9         Section 4.  This act shall take effect October 1, 2005.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Provides that a law enforcement officer's personal and
      private records are exempt from disclosure under the
14    public records law if the records are in the possession
      of a law enforcement agency because of a complaint
15    investigation. Defines the term "personal and private
      records" for purposes of the exemption. Provides for
16    future legislative review and repeal of the exemption.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

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