Senate Bill sb0690

    Florida Senate - 2007                                   SB 690

    By Senator Haridopolos





    26-714-07

  1                      A bill to be entitled

  2         An act relating to correctional and law

  3         enforcement officer discipline; amending s.

  4         112.533, F.S.; requiring that certain

  5         investigative reports include a statement

  6         relating to compliance with ss. 112.532 and

  7         112.533, F.S., and that these reports be

  8         verified; requiring that certain statements be

  9         made under oath and subject to prosecution for

10         perjury; providing an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Subsection (1) and paragraph (a) of

15  subsection (2) of section 112.533, Florida Statutes, are

16  amended to read:

17         112.533  Receipt and processing of complaints.--

18         (1)  Every law enforcement agency and correctional

19  agency shall establish and put into operation a system for the

20  receipt, investigation, and determination of complaints

21  received by such agency from any person, which shall be the

22  procedure for investigating a complaint against a law

23  enforcement and correctional officer and for determining

24  whether to proceed with disciplinary action or to file

25  disciplinary charges, notwithstanding any other law or

26  ordinance to the contrary. When law enforcement or

27  correctional agency personnel assigned the responsibility of

28  investigating the complaint prepare an investigative report or

29  summary, regardless of form, the person preparing the report

30  shall, at the time the report is completed:

31  

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    Florida Senate - 2007                                   SB 690
    26-714-07




 1         (a)  Verify pursuant to s. 92.525 that the contents of

 2  the report are true and accurate based upon the person's

 3  personal knowledge, information, and belief.

 4         (b)  Include the following statement, sworn and

 5  subscribed to pursuant to s. 92.525:

 6  

 7         "I, the undersigned, do hereby swear, under

 8         penalty of perjury, that, to the best of my

 9         personal knowledge, information, and belief, I

10         have not knowingly or willfully deprived, or

11         allowed another to deprive, the subject of the

12         investigation of any of the rights contained in

13         ss. 112.532 and 112.533, Florida Statutes."

14  

15  The requirements of paragraphs (a) and (b) shall be completed

16  prior to the determination as to whether to proceed with

17  disciplinary action or to file disciplinary charges. This

18  subsection does not preclude the Criminal Justice Standards

19  and Training Commission from exercising its authority under

20  chapter 943.

21         (2)(a)  A complaint filed against a law enforcement

22  officer or correctional officer with a law enforcement agency

23  or correctional agency and all information obtained pursuant

24  to the investigation by the agency of such complaint shall be

25  confidential and exempt from the provisions of s. 119.07(1)

26  until the investigation ceases to be active, or until the

27  agency head or the agency head's designee provides written

28  notice to the officer who is the subject of the complaint,

29  either personally or by mail, that the agency has either:

30         1.  Concluded the investigation with a finding not to

31  proceed with disciplinary action or to file charges; or

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    Florida Senate - 2007                                   SB 690
    26-714-07




 1         2.  Concluded the investigation with a finding to

 2  proceed with disciplinary action or to file charges.

 3  

 4  Notwithstanding the foregoing provisions, the officer who is

 5  the subject of the complaint, along with legal counsel or any

 6  other representative of his or her choice, may review the

 7  complaint and all statements regardless of form made by the

 8  complainant and witnesses immediately prior to the beginning

 9  of the investigative interview. All statements, regardless of

10  form, provided by a law enforcement officer or correctional

11  officer during the course of a complaint investigation of that

12  officer shall be made under oath pursuant to s. 92.525.

13  Knowingly false statements given by a law enforcement officer

14  or correctional officer under investigation may subject the

15  law enforcement officer or correctional officer to prosecution

16  for perjury. If a witness to a complaint is incarcerated in a

17  correctional facility and may be under the supervision of, or

18  have contact with, the officer under investigation, only the

19  names and written statements of the complainant and

20  nonincarcerated witnesses may be reviewed by the officer under

21  investigation immediately prior to the beginning of the

22  investigative interview.

23         Section 2.  This act shall take effect upon becoming a

24  law.

25  

26            *****************************************

27                          SENATE SUMMARY

28    Requires law enforcement or correctional agency personnel
      preparing an investigative report to verify the accuracy
29    of the statement and to include a statement verifying
      compliance with ss. 112.532 and 112.533, F.S. Requires
30    that all statements made during the course of a complaint
      investigation be made under oath. Provides that knowingly
31    false statements may be subject to prosecution for
      perjury.
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