1 | The Criminal Justice Committee recommends the following: |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to correctional and law enforcement |
7 | officer discipline; amending s. 112.533, F.S.; requiring |
8 | certain investigative reports to include a statement |
9 | relating to compliance with ss. 112.532 and 112.533, F.S., |
10 | and to be verified; providing an effective 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) Every law enforcement agency and correctional agency |
18 | shall establish and put into operation a system for the receipt, |
19 | investigation, and determination of complaints received by such |
20 | agency from any person, which shall be the procedure for |
21 | investigating a complaint against a law enforcement and |
22 | correctional officer and for determining whether to proceed with |
23 | disciplinary action or to file disciplinary charges, |
24 | notwithstanding any other law or ordinance to the contrary. When |
25 | law enforcement or correctional agency personnel assigned the |
26 | responsibility of investigating the complaint prepare an |
27 | investigative report or summary, regardless of form, the person |
28 | preparing the report shall, at the time the report is completed: |
29 | (a) Verify pursuant to s. 92.525 that the contents of the |
30 | report are true and accurate based upon the person's personal |
31 | knowledge, information, and belief. |
32 | (b) Include the following statement, sworn and subscribed |
33 | to pursuant to s. 92.525: |
34 | "I, the undersigned, do hereby swear, under penalty of |
35 | perjury, that, to the best of my personal knowledge, |
36 | information, and belief, I have not knowingly or willfully |
37 | deprived, or allowed another to deprive, the subject of the |
38 | investigation of any of the rights contained in ss. 112.532 and |
39 | 112.533, Florida Statutes." |
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41 | The requirements of paragraphs (a) and (b) shall be completed |
42 | prior to the determination as to whether to proceed with |
43 | disciplinary action or to file disciplinary charges. This |
44 | subsection does not preclude the Criminal Justice Standards and |
45 | Training Commission from exercising its authority under chapter |
46 | 943. |
47 | Section 2. This act shall take effect upon becoming a law. |