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

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