HB 1107

1	A bill to be entitled
2	An act relating to law enforcement officers and
3	correctional officers; amending s. 112.532, F.S.;
4	providing that a law enforcement officer or correctional
5	officer is entitled to specified rights if the officer is
6	subject to suspension in a disciplinary proceeding;
7	providing that a law enforcement officer or correctional
8	officer is entitled to review witness statements by other
9	officers and other evidence before the officer under
10	investigation is interrogated; providing that an
11	investigation is void if the law enforcement agency or
12	correctional agency violates the disciplinary procedures
13	set forth in law; amending s. 112.533, F.S.; authorizing a
14	law enforcement officer or correctional officer who is
15	subject to an investigation, and the officer's legal
16	counsel, to review specified documents and recordings
17	before the investigative interview; amending s. 112.534,
18	F.S.; providing remedies to the officer if an agency fails
19	to comply with disciplinary procedures; providing an
20	effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Subsections (1), (4), and (6) of section
25	112.532, Florida Statutes, are amended, and subsection (7) is
26	added to that section, to read:
27	112.532  Law enforcement officers' and correctional
28	officers' rights.--All law enforcement officers and correctional
29	officers employed by or appointed to a law enforcement agency or
30	a correctional agency shall have the following rights and
31	privileges:
32	(1)  RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL
33	OFFICERS WHILE UNDER INVESTIGATION.--Whenever a law enforcement
34	officer or correctional officer is under investigation and
35	subject to interrogation by members of his or her agency for any
36	reason that which could lead to disciplinary action, suspension,
37	demotion, or dismissal, the such interrogation must shall be
38	conducted under the following conditions:
39	(a)  The interrogation shall be conducted at a reasonable
40	hour, preferably at a time when the law enforcement officer or
41	correctional officer is on duty, unless the seriousness of the
42	investigation is of such a degree that immediate action is
43	required.
44	(b)  The interrogation shall take place either at the
45	office of the command of the investigating officer or at the
46	office of the local precinct, police unit, or correctional unit
47	in which the incident allegedly occurred, as designated by the
48	investigating officer or agency.
49	(c)  The law enforcement officer or correctional officer
50	under investigation shall be informed of the rank, name, and
51	command of the officer in charge of the investigation, the
52	interrogating officer, and all persons present during the
53	interrogation. All questions directed to the officer under
54	interrogation shall be asked by or through one interrogator
55	during any one investigative interrogation, unless specifically
56	waived by the officer under investigation.
57	(d)  The law enforcement officer or correctional officer
58	under investigation must shall be informed of the nature of the
59	investigation before prior to any interrogation begins, and he
60	or she must shall be informed of the names of all complainants.
61	All identifiable witnesses shall be interviewed, whenever
62	possible, prior to the beginning of the investigative interview
63	of the accused officer. The complaint, and all witness
64	statements, including all other existing subject officer
65	statements, and all other evidence, including, but not limited
66	to, incident reports, GPS locator information, and audio or
67	video recordings relating to the incident under investigation,
68	must shall be provided to each the officer who is the subject of
69	the complaint before prior to the beginning of any investigative
70	interview of that officer. If more than one officer is or comes
71	under investigation, the agency shall permit each subject
72	officer to review statements given by all subject officers and
73	to amend or clarify any previous statement given. An officer,
74	after being informed of the right to review witness statements,
75	may voluntarily waive the provisions of this paragraph and
76	provide a voluntary statement at any time.
77	(e)  Interrogating sessions shall be for reasonable periods
78	and shall be timed to allow for such personal necessities and
79	rest periods as are reasonably necessary.
80	(f)  The law enforcement officer or correctional officer
81	under interrogation may shall not be subjected to offensive
82	language or be threatened with transfer, dismissal, or
83	disciplinary action. A No promise or reward may not shall be
84	made as an inducement to answer any questions.
85	(g)  The formal interrogation of a law enforcement officer
86	or correctional officer, including all recess periods, must
87	shall be recorded on audio tape, or otherwise preserved in such
88	a manner as to allow a transcript to be prepared, and there
89	shall be no unrecorded questions or statements. Upon the request
90	of the interrogated officer, a copy of any such recording of the
91	interrogation session must be made available to the interrogated
92	officer no later than 72 hours, excluding holidays and weekends,
93	following said interrogation.
94	(h)  If the law enforcement officer or correctional officer
95	under interrogation is under arrest, or is likely to be placed
96	under arrest as a result of the interrogation, he or she shall
97	be completely informed of all his or her rights before
98	commencing prior to the commencement of the interrogation.
99	(i)  At the request of any law enforcement officer or
100	correctional officer under investigation, he or she has shall
101	have the right to be represented by counsel or any other
102	representative of his or her choice, who shall be present at all
103	times during the such interrogation whenever the interrogation
104	relates to the officer's continued fitness for law enforcement
105	or correctional service.
106	(j)  Notwithstanding the rights and privileges provided by
107	this part, this part does not limit the right of an agency to
108	discipline or to pursue criminal charges against an officer.
109	(4)(a)  NOTICE OF DISCIPLINARY ACTION.--A No dismissal,
110	demotion, transfer, reassignment, or other personnel action that
111	which might result in loss of pay or benefits or that which
112	might otherwise be considered a punitive measure may not shall
113	be taken against any law enforcement officer or correctional
114	officer unless the such law enforcement officer or correctional
115	officer is notified of the action and the reason or reasons for
116	the action before therefor prior to the effective date of the
117	such action.
118	(b)  Notwithstanding the provisions of s. 112.533(2),
119	whenever a law enforcement officer or correctional officer is
120	subject to disciplinary action consisting of suspension with
121	loss of pay, demotion, or dismissal, the officer or the
122	officer's representative shall, upon request, be provided with a
123	complete copy of the investigative file, including the final
124	investigative report and all evidence, report and supporting
125	documents and with the opportunity to address the findings in
126	the report with the employing law enforcement agency before
127	imposing prior to the imposition of the disciplinary action
128	consisting of suspension with loss of pay, demotion, or
129	dismissal. The contents of the complaint and investigation shall
130	remain confidential until such time as the employing law
131	enforcement agency makes a final determination whether or not to
132	issue a notice of disciplinary action consisting of suspension
133	with loss of pay, demotion, or dismissal. This paragraph does
134	shall not be construed to provide law enforcement officers with
135	a property interest or expectancy of continued employment,
136	employment, or appointment as a law enforcement officer.
137	(6)  LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.--
138	(a)  Except as provided in this subsection, no disciplinary
139	action, suspension, demotion, or dismissal may not shall be
140	undertaken by an agency against a law enforcement officer or
141	correctional officer for any act, omission, or other allegation
142	of misconduct if the investigation of the such allegation is not
143	completed within 180 days after the date the agency receives
144	notice of the allegation by a person authorized by the agency to
145	initiate an investigation of the misconduct. If In the event
146	that the agency determines that disciplinary action is
147	appropriate, it shall complete its investigation and give notice
148	in writing to the law enforcement officer or correctional
149	officer of its intent to proceed with disciplinary action, along
150	with a proposal of the specific action sought, including length
151	of suspension, if applicable. Such Notice to the officer must
152	shall be provided within 180 days after the date the agency
153	received notice of the alleged misconduct, except as follows:
154	1.  The running of the limitations period may be tolled for
155	a period specified in a written waiver of the limitation by the
156	law enforcement officer or correctional officer.
157	2.  The running of the limitations period is shall be
158	tolled during the time that any criminal investigation or
159	prosecution is pending in connection with the act, omission, or
160	other allegation of misconduct.
161	3.  If the investigation involves an officer who is
162	incapacitated or otherwise unavailable, the running of the
163	limitations period is shall be tolled during the period of
164	incapacitation or unavailability.
165	4.  In a multijurisdictional investigation, the limitations
166	period may be extended for a period of time reasonably necessary
167	to facilitate the coordination of the agencies involved.
168	5.  The running of the limitations period may be tolled for
169	emergencies or natural disasters during the time period wherein
170	the Governor has declared a state of emergency within the
171	jurisdictional boundaries of the concerned agency.
172	(b)  An investigation against a law enforcement officer or
173	correctional officer may be reopened, notwithstanding the
174	limitations period for commencing disciplinary action, demotion,
175	or dismissal, if:
176	1.  Significant new evidence has been discovered that is
177	likely to affect the outcome of the investigation.
178	2.  The evidence could not have reasonably been discovered
179	in the normal course of investigation or the evidence resulted
180	from the predisciplinary response of the officer.
181
182	Any disciplinary action resulting from an investigation that is
183	reopened pursuant to this paragraph must be completed within 90
184	days after the date the investigation is reopened.
185	(7)  DISCIPLINARY REVERSALS.--If a law enforcement agency
186	or correctional agency violates this section, the disciplinary
187	action is void and the officer must be reinstated to the
188	position or rank previously held by the officer, along with
189	appropriate reimbursement of wages and employment benefits, as
190	if the discipline had not been imposed.
191	Section 2.  Paragraph (a) of subsection (2) of section
192	112.533, Florida Statutes, is amended to read:
193	112.533  Receipt and processing of complaints.--
194	(2)(a)  A complaint filed against a law enforcement officer
195	or correctional officer with a law enforcement agency or
196	correctional agency and all information obtained pursuant to the
197	investigation by the agency of the such complaint is shall be
198	confidential and exempt from the provisions of s. 119.07(1)
199	until the investigation ceases to be active, or until the agency
200	head or the agency head's designee provides written notice to
201	the officer who is the subject of the complaint, either
202	personally or by mail, that the agency has either:
203	1.  Concluded the investigation with a finding not to
204	proceed with disciplinary action or to file charges; or
205	2.  Concluded the investigation with a finding to proceed
206	with disciplinary action or to file charges.
207
208	Notwithstanding the foregoing provisions, the officer who is the
209	subject of the complaint, along with legal counsel or any other
210	representative of his or her choice, may review the complaint
211	and all statements regardless of form made by the complainant
212	and witnesses and all evidence, including, but not limited to,
213	incident reports, analyses, GPS locator information, and audio
214	or video recordings relating to the investigation, immediately
215	before prior to the beginning of the investigative interview.
216	All statements, regardless of form, provided by a law
217	enforcement officer or correctional officer during the course of
218	a complaint investigation of that officer shall be made under
219	oath pursuant to s. 92.525. Knowingly false statements given by
220	a law enforcement officer or correctional officer under
221	investigation may subject the law enforcement officer or
222	correctional officer to prosecution for perjury. If a witness to
223	a complaint is incarcerated in a correctional facility and may
224	be under the supervision of, or have contact with, the officer
225	under investigation, only the names and written statements of
226	the complainant and nonincarcerated witnesses may be reviewed by
227	the officer under investigation immediately prior to the
228	beginning of the investigative interview.
229	Section 3.  Subsection (1) of section 112.534, Florida
230	Statutes, is amended to read:
231	112.534  Failure to comply; official misconduct.--
232	(1)  If any law enforcement agency or correctional agency
233	fails to comply with the requirements of this part, a law
234	enforcement officer or correctional officer employed by or
235	appointed to such agency who is personally injured by such
236	failure to comply may apply directly to the circuit court of the
237	county wherein such agency is headquartered and permanently
238	resides for an injunction to restrain and enjoin such violation
239	of the provisions of this part and to compel the performance of
240	the duties imposed by this part. Alternatively, the officer may
241	seek declaratory relief pursuant to chapter 86, or seek other
242	extraordinary remedies pursuant to law, in order to ensure
243	compliance with the substantive and procedural rights provided
244	under this part. In fashioning a remedy, the court shall declare
245	that the disciplinary action taken by the agency is void and
246	direct that the officer be reinstated to the position or rank
247	that he or she previously held, along with appropriate
248	reimbursement of wages and employment benefits, as if the
249	discipline had not been imposed.
250	Section 4.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.