| 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; amending s. 112.533, F.S.; requiring a |
| 14 | political subdivision that initiates or receives a |
| 15 | complaint against a law enforcement officer or |
| 16 | correctional officer to forward the complaint to the |
| 17 | officer's employer within a specified period; providing a |
| 18 | definition; providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Paragraph (d) of subsection (1) and paragraph |
| 23 | (a) of subsection (6) of section 112.532, Florida Statutes, are |
| 24 | amended to read: |
| 25 | 112.532 Law enforcement officers' and correctional |
| 26 | officers' rights.--All law enforcement officers and correctional |
| 27 | officers employed by or appointed to a law enforcement agency or |
| 28 | a correctional agency shall have the following rights and |
| 29 | privileges: |
| 30 | (1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL |
| 31 | OFFICERS WHILE UNDER INVESTIGATION.--Whenever a law enforcement |
| 32 | officer or correctional officer is under investigation and |
| 33 | subject to interrogation by members of his or her agency for any |
| 34 | reason which could lead to disciplinary action, demotion, or |
| 35 | dismissal, such interrogation shall be conducted under the |
| 36 | following conditions: |
| 37 | (d) The law enforcement officer or correctional officer |
| 38 | under investigation shall be informed of the nature of the |
| 39 | investigation prior to any interrogation, and he or she shall be |
| 40 | informed of the names name of all complainants. All identifiable |
| 41 | witnesses shall be interviewed, whenever possible, prior to the |
| 42 | beginning of the investigative interview of the accused officer. |
| 43 | The complaint and all witness statements shall be provided to |
| 44 | the officer who is the subject of the complaint prior to the |
| 45 | beginning of any investigative interview of that officer. An |
| 46 | officer, after being informed of the right to review witness |
| 47 | statements, may voluntarily waive the provisions of this |
| 48 | paragraph and provide a voluntary statement at any time. |
| 49 | (6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.-- |
| 50 | (a) Except as provided in this subsection, no disciplinary |
| 51 | action, demotion, or dismissal shall be undertaken by an agency |
| 52 | against a law enforcement officer or correctional officer for |
| 53 | any act, omission, or other allegation of misconduct if the |
| 54 | investigation of such allegation is not completed within 180 |
| 55 | days after the date the agency receives notice of the allegation |
| 56 | by a person authorized by the agency to initiate an |
| 57 | investigation of the misconduct. In the event that the agency |
| 58 | determines that disciplinary action is appropriate, it shall |
| 59 | complete its investigation and give notice in writing to the law |
| 60 | enforcement officer or correctional officer of its intent to |
| 61 | proceed with disciplinary action, along with a proposal of the |
| 62 | action sought. Such notice to the officer shall be provided |
| 63 | within 180 days after the date the agency received notice of the |
| 64 | alleged misconduct, except as follows: |
| 65 | 1. The running of the limitations period may be tolled for |
| 66 | a period specified in a written waiver of the limitation by the |
| 67 | law enforcement officer or correctional officer. |
| 68 | 2. The running of the limitations period shall be tolled |
| 69 | during the time that any criminal investigation or prosecution |
| 70 | is pending in connection with the act, omission, or other |
| 71 | allegation of misconduct. |
| 72 | 3. If the investigation involves an officer who is |
| 73 | incapacitated or otherwise unavailable, the running of the |
| 74 | limitations period shall be tolled during the period of |
| 75 | incapacitation or unavailability. |
| 76 | 4. In a multijurisdictional investigation, the limitations |
| 77 | period may be extended for a period of time reasonably necessary |
| 78 | to facilitate the coordination of the agencies involved. |
| 79 | 5. The running of the limitations period may be tolled for |
| 80 | emergencies or natural disasters during the time period wherein |
| 81 | the Governor has declared a state of emergency within the |
| 82 | jurisdictional boundaries of the concerned agency. |
| 83 | Section 2. Subsection (1) of section 112.533, Florida |
| 84 | Statutes, is amended to read: |
| 85 | 112.533 Receipt and processing of complaints.-- |
| 86 | (1)(a) Every law enforcement agency and correctional |
| 87 | agency shall establish and put into operation a system for the |
| 88 | receipt, investigation, and determination of complaints received |
| 89 | by such agency from any person, which shall be the procedure for |
| 90 | investigating a complaint against a law enforcement and |
| 91 | correctional officer and for determining whether to proceed with |
| 92 | disciplinary action or to file disciplinary charges, |
| 93 | notwithstanding any other law or ordinance to the contrary. This |
| 94 | subsection does not preclude the Criminal Justice Standards and |
| 95 | Training Commission from exercising its authority under chapter |
| 96 | 943. |
| 97 | (b)1. Any political subdivision that initiates or receives |
| 98 | a complaint against a law enforcement officer or correctional |
| 99 | officer must within 48 hours forward the complaint to the |
| 100 | employing agency of the officer who is the subject of the |
| 101 | complaint for review or investigation. |
| 102 | 2. For purposes of this paragraph, the term "political |
| 103 | subdivision" means a separate agency or unit of local government |
| 104 | created or established by law or ordinance and the officers |
| 105 | thereof and includes, but is not limited to, an authority, |
| 106 | board, branch, bureau, city, commission, consolidated |
| 107 | government, county, department, district, institution, |
| 108 | metropolitan government, municipality, office, officer, public |
| 109 | corporation, town, or village. |
| 110 | Section 3. This act shall take effect July 1, 2007. |