Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 492
Barcode 905508
CHAMBER ACTION
Senate House
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04/23/2007 06:14 PM .
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11 The Committee on Criminal Justice (Bennett) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Paragraph (d) of subsection (1) and
19 paragraph (a) of subsection (6) of section 112.532, Florida
20 Statutes, are amended to read:
21 112.532 Law enforcement officers' and correctional
22 officers' rights.--All law enforcement officers and
23 correctional officers employed by or appointed to a law
24 enforcement agency or a correctional agency shall have the
25 following rights and privileges:
26 (1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND
27 CORRECTIONAL OFFICERS WHILE UNDER INVESTIGATION.--Whenever a
28 law enforcement officer or correctional officer is under
29 investigation and subject to interrogation by members of his
30 or her agency for any reason which could lead to disciplinary
31 action, demotion, or dismissal, such interrogation shall be
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 492
Barcode 905508
1 conducted under the following conditions:
2 (d) The law enforcement officer or correctional
3 officer under investigation shall be informed of the nature of
4 the investigation prior to any interrogation, and he or she
5 shall be informed of the names name of all complainants. All
6 identifiable witnesses shall be interviewed, whenever
7 possible, prior to the investigative interview of the accused
8 officer. The complaint and all witness statements shall be
9 provided to the accused officer before beginning the
10 investigative interview of that officer. The officer, after
11 being informed of the right to review witness statements, may
12 voluntarily waive the provisions of this paragraph and provide
13 a voluntary statement at any time.
14 (6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.--
15 (a) Except as provided in this subsection, no
16 disciplinary action, demotion, or dismissal shall be
17 undertaken by an agency against a law enforcement officer or
18 correctional officer for any act, omission, or other
19 allegation of misconduct if the investigation of such
20 allegation is not completed within 180 days after the date the
21 agency receives notice of the allegation by a person
22 authorized by the agency to initiate an investigation of the
23 misconduct. If In the event that the agency determines that
24 disciplinary action is appropriate, it shall complete its
25 investigation and give notice in writing to the law
26 enforcement officer or correctional officer of its intent to
27 proceed with disciplinary action, along with a proposal of the
28 action sought. Such notice to the officer shall be provided
29 within 180 days after the date the agency received notice of
30 the alleged misconduct, except as follows:
31 1. The running of the limitations period may be tolled
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 492
Barcode 905508
1 for a period specified in a written waiver of the limitation
2 by the law enforcement officer or correctional officer.
3 2. The running of the limitations period shall be
4 tolled during the time that any criminal investigation or
5 prosecution is pending in connection with the act, omission,
6 or other allegation of misconduct.
7 3. If the investigation involves an officer who is
8 incapacitated or otherwise unavailable, the running of the
9 limitations period shall be tolled during the period of
10 incapacitation or unavailability.
11 4. In a multijurisdictional investigation, the
12 limitations period may be extended for a period of time
13 reasonably necessary to facilitate the coordination of the
14 agencies involved.
15 5. The running of the limitations period may be tolled
16 for emergencies or natural disasters during the time period
17 that the Governor has declared a state of emergency within the
18 jurisdictional boundaries of the concerned agency.
19 Section 2. This act shall take effect July 1, 2007.
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23 And the title is amended as follows:
24 Delete everything before the enacting clause
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26 and insert:
27 A bill to be entitled
28 An act relating to the investigations of law
29 enforcement and correctional officers; amending
30 s. 112.532, F.S.; requiring that all
31 identifiable witnesses to a complaint against
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 492
Barcode 905508
1 an officer be interviewed, whenever possible,
2 prior to the investigative interview of the
3 accused officer; requiring that the accused
4 officer be furnished with the complaint and
5 witness statements prior to the investigative
6 interview; providing for waiver of the right to
7 review witness statements and provide a
8 statement by an officer; providing for tolling
9 of the limitations period during an emergency
10 or natural disaster; providing an effective
11 date.
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