Senate Bill sb0492c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 492
By the Committee on Criminal Justice; and Senator Fasano
591-2605-07
1 A bill to be entitled
2 An act relating to the investigations of law
3 enforcement and correctional officers; amending
4 s. 112.532, F.S.; requiring that all
5 identifiable witnesses to a complaint against
6 an officer be interviewed, whenever possible,
7 prior to the investigative interview of the
8 accused officer; requiring that the accused
9 officer be furnished with the complaint and
10 witness statements prior to the investigative
11 interview; providing for waiver of the right to
12 review witness statements and provide a
13 statement by an officer; providing for tolling
14 of the limitations period during an emergency
15 or natural disaster; providing an effective
16 date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (d) of subsection (1) and
21 paragraph (a) of subsection (6) of section 112.532, Florida
22 Statutes, are amended to read:
23 112.532 Law enforcement officers' and correctional
24 officers' rights.--All law enforcement officers and
25 correctional officers employed by or appointed to a law
26 enforcement agency or a correctional agency shall have the
27 following rights and privileges:
28 (1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND
29 CORRECTIONAL OFFICERS WHILE UNDER INVESTIGATION.--Whenever a
30 law enforcement officer or correctional officer is under
31 investigation and subject to interrogation by members of his
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 492
591-2605-07
1 or her agency for any reason which could lead to disciplinary
2 action, demotion, or dismissal, such interrogation shall be
3 conducted under the following conditions:
4 (d) The law enforcement officer or correctional
5 officer under investigation shall be informed of the nature of
6 the investigation prior to any interrogation, and he or she
7 shall be informed of the names name of all complainants. All
8 identifiable witnesses shall be interviewed, whenever
9 possible, prior to the investigative interview of the accused
10 officer. The complaint and all witness statements shall be
11 provided to the accused officer before beginning the
12 investigative interview of that officer. The officer, after
13 being informed of the right to review witness statements, may
14 voluntarily waive the provisions of this paragraph and provide
15 a voluntary statement at any time.
16 (6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.--
17 (a) Except as provided in this subsection, no
18 disciplinary action, demotion, or dismissal shall be
19 undertaken by an agency against a law enforcement officer or
20 correctional officer for any act, omission, or other
21 allegation of misconduct if the investigation of such
22 allegation is not completed within 180 days after the date the
23 agency receives notice of the allegation by a person
24 authorized by the agency to initiate an investigation of the
25 misconduct. If In the event that the agency determines that
26 disciplinary action is appropriate, it shall complete its
27 investigation and give notice in writing to the law
28 enforcement officer or correctional officer of its intent to
29 proceed with disciplinary action, along with a proposal of the
30 action sought. Such notice to the officer shall be provided
31
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Florida Senate - 2007 CS for SB 492
591-2605-07
1 within 180 days after the date the agency received notice of
2 the alleged misconduct, except as follows:
3 1. The running of the limitations period may be tolled
4 for a period specified in a written waiver of the limitation
5 by the law enforcement officer or correctional officer.
6 2. The running of the limitations period shall be
7 tolled during the time that any criminal investigation or
8 prosecution is pending in connection with the act, omission,
9 or other allegation of misconduct.
10 3. If the investigation involves an officer who is
11 incapacitated or otherwise unavailable, the running of the
12 limitations period shall be tolled during the period of
13 incapacitation or unavailability.
14 4. In a multijurisdictional investigation, the
15 limitations period may be extended for a period of time
16 reasonably necessary to facilitate the coordination of the
17 agencies involved.
18 5. The running of the limitations period may be tolled
19 for emergencies or natural disasters during the time period
20 that the Governor has declared a state of emergency within the
21 jurisdictional boundaries of the concerned agency.
22 Section 2. This act shall take effect July 1, 2007.
23
24 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
25 Senate Bill 492
26
27 - The bill has been amended to provide that the officer
under investigation may waive the right to review the
28 complaint and witness statements prior to his or her
interview.
29
- Also, during a state of emergency declared by the
30 Governor within the jurisdictional boundaries of the
agency conducting the investigation, the time limitation
31 (180 days, generally) for completing the investigation is
tolled.
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CODING: Words stricken are deletions; words underlined are additions.