| 1 | A bill to be entitled |
| 2 | An act relating to the investigations of law enforcement |
| 3 | and correctional officers; amending s. 112.532, F.S.; |
| 4 | requiring that all identifiable witnesses to a complaint |
| 5 | against a law enforcement or correctional officer be |
| 6 | interviewed, whenever possible, prior to the investigative |
| 7 | interview of the accused officer; requires that the |
| 8 | accused officer be furnished with the complaint and |
| 9 | witness statements prior to any investigative interview of |
| 10 | that officer; providing for waiver of the right to review |
| 11 | witness statements by an officer; providing for tolling of |
| 12 | the limitations period during emergencies or natural |
| 13 | disasters; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Paragraph (d) of subsection (1) and paragraph |
| 18 | (a) of subsection (6) of section 112.532, Florida Statutes, are |
| 19 | amended to read: |
| 20 | 112.532 Law enforcement officers' and correctional |
| 21 | officers' rights.--All law enforcement officers and correctional |
| 22 | officers employed by or appointed to a law enforcement agency or |
| 23 | a correctional agency shall have the following rights and |
| 24 | privileges: |
| 25 | (1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL |
| 26 | OFFICERS WHILE UNDER INVESTIGATION.--Whenever a law enforcement |
| 27 | officer or correctional officer is under investigation and |
| 28 | subject to interrogation by members of his or her agency for any |
| 29 | reason which could lead to disciplinary action, demotion, or |
| 30 | dismissal, such interrogation shall be conducted under the |
| 31 | following conditions: |
| 32 | (d) The law enforcement officer or correctional officer |
| 33 | under investigation shall be informed of the nature of the |
| 34 | investigation prior to any interrogation, and he or she shall be |
| 35 | informed of the names name of all complainants. All identifiable |
| 36 | witnesses shall be interviewed, whenever possible, prior to the |
| 37 | beginning of the investigative interview of the accused officer. |
| 38 | The complaint and all witness statements shall be provided to |
| 39 | the officer who is the subject of the complaint prior to the |
| 40 | beginning of any investigative interview of that officer. An |
| 41 | officer, after being informed of the right to review witness |
| 42 | statements, may voluntarily waive the provisions of this |
| 43 | paragraph and provide a voluntary statement at any time. |
| 44 | (6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.-- |
| 45 | (a) Except as provided in this subsection, no disciplinary |
| 46 | action, demotion, or dismissal shall be undertaken by an agency |
| 47 | against a law enforcement officer or correctional officer for |
| 48 | any act, omission, or other allegation of misconduct if the |
| 49 | investigation of such allegation is not completed within 180 |
| 50 | days after the date the agency receives notice of the allegation |
| 51 | by a person authorized by the agency to initiate an |
| 52 | investigation of the misconduct. In the event that the agency |
| 53 | determines that disciplinary action is appropriate, it shall |
| 54 | complete its investigation and give notice in writing to the law |
| 55 | enforcement officer or correctional officer of its intent to |
| 56 | proceed with disciplinary action, along with a proposal of the |
| 57 | action sought. Such notice to the officer shall be provided |
| 58 | within 180 days after the date the agency received notice of the |
| 59 | alleged misconduct, except as follows: |
| 60 | 1. The running of the limitations period may be tolled for |
| 61 | a period specified in a written waiver of the limitation by the |
| 62 | law enforcement officer or correctional officer. |
| 63 | 2. The running of the limitations period shall be tolled |
| 64 | during the time that any criminal investigation or prosecution |
| 65 | is pending in connection with the act, omission, or other |
| 66 | allegation of misconduct. |
| 67 | 3. If the investigation involves an officer who is |
| 68 | incapacitated or otherwise unavailable, the running of the |
| 69 | limitations period shall be tolled during the period of |
| 70 | incapacitation or unavailability. |
| 71 | 4. In a multijurisdictional investigation, the limitations |
| 72 | period may be extended for a period of time reasonably necessary |
| 73 | to facilitate the coordination of the agencies involved. |
| 74 | 5. The running of the limitations period may be tolled for |
| 75 | emergencies or natural disasters during the time period wherein |
| 76 | the Governor has declared a state of emergency within the |
| 77 | jurisdictional boundaries of the concerned agency. |
| 78 | Section 2. This act shall take effect July 1, 2007. |