Senate Bill sb1552

    Florida Senate - 2006                                  SB 1552

    By Senator Haridopolos





    26-1046-06                                          See HB 583

  1                      A bill to be entitled

  2         An act relating to correctional and law

  3         enforcement officer discipline; amending s.

  4         112.533, F.S.; requiring verification of the

  5         contents of certain investigative reports;

  6         amending s. 112.534, F.S.; providing for

  7         investigations of complaints alleging specified

  8         procedural violations; requiring a log of

  9         specified complaints; providing an effective

10         date.

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

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14         Section 1.  Subsection (1) of section 112.533, Florida

15  Statutes, is amended to read:

16         112.533  Receipt and processing of complaints.--

17         (1)(a)  Every law enforcement agency and correctional

18  agency shall establish and put into operation a system for the

19  receipt, investigation, and determination of complaints

20  received by such agency from any person, which shall be the

21  procedure for investigating a complaint against a law

22  enforcement and correctional officer and for determining

23  whether to proceed with disciplinary action or to file

24  disciplinary charges, notwithstanding any other law or

25  ordinance to the contrary. This subsection does not preclude

26  the Criminal Justice Standards and Training Commission from

27  exercising its authority under chapter 943.

28         (b)  The officer assigned the responsibility of

29  investigating the complaint and preparing the investigative

30  report under this section shall, at the time the report is

31  issued, verify pursuant to s. 92.525 that the contents of the

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






    Florida Senate - 2006                                  SB 1552
    26-1046-06                                          See HB 583




 1  report are true and accurate based upon the officer's

 2  information and belief.

 3         Section 2.  Section 112.534, Florida Statutes, is

 4  amended to read:

 5         112.534  Failure to comply; official misconduct.--

 6         (1)  If any law enforcement agency or correctional

 7  agency fails to comply with the requirements of this part, a

 8  law enforcement officer or correctional officer employed by or

 9  appointed to such agency who is personally injured by such

10  failure to comply may apply directly to the circuit court of

11  the county wherein such agency is headquartered and

12  permanently resides for an injunction to restrain and enjoin

13  such violation of the provisions of this part and to compel

14  the performance of the duties imposed by this part.

15         (2)  If a law enforcement or correctional agency

16  receives a complaint that alleges a violation of s. 112.532(1)

17  or s. 112.533(1)(b), it shall cause the complaint to be

18  investigated and a written report shall be issued addressing

19  and resolving the allegations of the complaint. If the report

20  sustains a violation of s. 112.532(1) or s. 112.533(1)(b), the

21  agency shall remove the investigating officer who is the

22  subject of the complaint from internal investigative

23  responsibilities and take other action against the officer as

24  deemed appropriate. The agency shall declare any internal

25  investigation in which a violation occurred to be invalid, and

26  the investigative report and all supporting records shall be

27  placed in the removed investigator's personnel file.

28  Additionally, the original complaint shall be reinvestigated.

29         (3)  Every law enforcement or correctional agency

30  receiving complaints alleging a violation of the requirements

31  of this part shall maintain a log documenting the receipt of

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    Florida Senate - 2006                                  SB 1552
    26-1046-06                                          See HB 583




 1  such complaints, which shall include the date the complaint

 2  was received, the date the written report relating to the

 3  complaint was completed, the disposition of the complaint, and

 4  the action, if any, taken against the investigating officer

 5  who was the subject of the complaint.

 6         (4)(2)  All the provisions of s. 838.022 shall apply to

 7  this part.

 8         Section 3.  This act shall take effect upon becoming a

 9  law.

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