Florida Senate - 2014                                     SB 814
       By Senator Legg
       17-01290-14                                            2014814__
    1                        A bill to be entitled                      
    2         An act relating to law enforcement and correctional
    3         officers; amending s. 112.532, F.S.; specifying the
    4         applicability of law enforcement and correctional
    5         officers’ rights to include internal or external
    6         complaints against an officer; providing an effective
    7         date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Section 112.532, Florida Statutes, is amended to
   12  read:
   13         112.532 Law enforcement officers’ and correctional
   14  officers’ rights.—A All law enforcement officer or officers and
   15  correctional officer officers employed by or appointed to a law
   16  enforcement agency or a correctional agency shall have the
   17  following rights and privileges when the law enforcement officer
   18  or correctional officer is the subject of an internal or
   19  external complaint:
   22  enforcement officer or correctional officer is under
   23  investigation and subject to interrogation by members of his or
   24  her agency for any reason that could lead to disciplinary
   25  action, suspension, demotion, or dismissal, the interrogation
   26  must be conducted under the following conditions:
   27         (a) The interrogation shall be conducted at a reasonable
   28  hour, preferably at a time when the law enforcement officer or
   29  correctional officer is on duty, unless the seriousness of the
   30  investigation is of such a degree that immediate action is
   31  required.
   32         (b) The interrogation shall take place either at the office
   33  of the command of the investigating officer or at the office of
   34  the local precinct, police unit, or correctional unit in which
   35  the incident allegedly occurred, as designated by the
   36  investigating officer or agency.
   37         (c) The law enforcement officer or correctional officer
   38  under investigation shall be informed of the rank, name, and
   39  command of the officer in charge of the investigation, the
   40  interrogating officer, and all persons present during the
   41  interrogation. All questions directed to the officer under
   42  interrogation shall be asked by or through one interrogator
   43  during any one investigative interrogation, unless specifically
   44  waived by the officer under investigation.
   45         (d) The law enforcement officer or correctional officer
   46  under investigation must be informed of the nature of the
   47  investigation before any interrogation begins, and he or she
   48  must be informed of the names of all complainants. All
   49  identifiable witnesses shall be interviewed, if whenever
   50  possible, before prior to the beginning of the investigative
   51  interview of the accused officer. The complaint, all witness
   52  statements, including all other existing subject officer
   53  statements, and all other existing evidence, including, but not
   54  limited to, incident reports, GPS locator information, and audio
   55  or video recordings relating to the incident under
   56  investigation, must be provided to each officer who is the
   57  subject of the complaint before the beginning of any
   58  investigative interview of that officer. An officer, after being
   59  informed of the right to review witness statements, may
   60  voluntarily waive the provisions of this paragraph and provide a
   61  voluntary statement at any time.
   62         (e) Interrogating sessions shall be for reasonable periods
   63  and shall be timed to allow for such personal necessities and
   64  rest periods as are reasonably necessary.
   65         (f) The law enforcement officer or correctional officer
   66  under interrogation may not be subjected to offensive language
   67  or be threatened with transfer, dismissal, or disciplinary
   68  action. A promise or reward may not be made as an inducement to
   69  answer any questions.
   70         (g) The formal interrogation of a law enforcement officer
   71  or correctional officer, including all recess periods, must be
   72  recorded on audio tape, or otherwise preserved in such a manner
   73  as to allow a transcript to be prepared, and there shall be no
   74  unrecorded questions or statements. Upon the request of the
   75  interrogated officer, a copy of any recording of the
   76  interrogation session must be made available to the interrogated
   77  officer no later than 72 hours, excluding holidays and weekends,
   78  following said interrogation.
   79         (h) If the law enforcement officer or correctional officer
   80  under interrogation is under arrest, or is likely to be placed
   81  under arrest as a result of the interrogation, he or she shall
   82  be completely informed of all his or her rights before
   83  commencing the interrogation.
   84         (i) At the request of any law enforcement officer or
   85  correctional officer under investigation, he or she has the
   86  right to be represented by counsel or any other representative
   87  of his or her choice, who shall be present at all times during
   88  the interrogation whenever the interrogation relates to the
   89  officer’s continued fitness for law enforcement or correctional
   90  service.
   91         (j) Notwithstanding the rights and privileges provided by
   92  this part, this part does not limit the right of an agency to
   93  discipline or to pursue criminal charges against an officer.
   94         (2) COMPLAINT REVIEW BOARDS.—A complaint review board shall
   95  be composed of three members: One member selected by the chief
   96  administrator of the agency or unit; one member selected by the
   97  aggrieved officer; and a third member to be selected by the
   98  other two members. Agencies or units having more than 100 law
   99  enforcement officers or correctional officers shall use utilize
  100  a five-member board, with two members being selected by the
  101  administrator, two members being selected by the aggrieved
  102  officer, and the fifth member being selected by the other four
  103  members. The board members shall be law enforcement officers or
  104  correctional officers selected from a any state, county, or
  105  municipal agency within the county. There shall be a board for
  106  law enforcement officers and a board for correctional officers
  107  whose members shall be from the same discipline as the aggrieved
  108  officer. The provisions of This subsection does shall not apply
  109  to sheriffs or deputy sheriffs.
  111  CORRECTIONAL OFFICERS.—Each Every law enforcement officer or
  112  correctional officer has shall have the right to bring civil
  113  suit against a any person, group of persons, or organization or
  114  corporation, or the head of such organization or corporation,
  115  for damages, either pecuniary or otherwise, suffered during the
  116  performance of the officer’s official duties, for abridgment of
  117  the officer’s civil rights arising out of the officer’s
  118  performance of official duties, or for filing a complaint
  119  against the officer which the person knew was false when it was
  120  filed. This section does not establish a separate civil action
  121  against the officer’s employing law enforcement agency for the
  122  investigation and processing of a complaint filed under this
  123  part.
  124         (4)(a) NOTICE OF DISCIPLINARY ACTION.—A dismissal,
  125  demotion, transfer, reassignment, or other personnel action that
  126  might result in loss of pay or benefits or that might otherwise
  127  be considered a punitive measure may not be taken against a any
  128  law enforcement officer or correctional officer unless the law
  129  enforcement officer or correctional officer is notified of the
  130  action and the reason or reasons for the action before the
  131  effective date of the action.
  132         (b) Notwithstanding s. 112.533(2), if whenever a law
  133  enforcement officer or correctional officer is subject to
  134  disciplinary action consisting of suspension with loss of pay,
  135  demotion, or dismissal, the officer or the officer’s
  136  representative shall, upon request, be provided with a complete
  137  copy of the investigative file, including the final
  138  investigative report and all evidence, and with the opportunity
  139  to address the findings in the report with the employing law
  140  enforcement agency before imposing disciplinary action
  141  consisting of suspension with loss of pay, demotion, or
  142  dismissal. The contents of the complaint and investigation shall
  143  remain confidential until such time as the employing law
  144  enforcement agency makes a final determination whether or not to
  145  issue a notice of disciplinary action consisting of suspension
  146  with loss of pay, demotion, or dismissal. This paragraph does
  147  not provide law enforcement officers with a property interest or
  148  expectancy of continued employment, employment, or appointment
  149  as a law enforcement officer.
  150         (5) RETALIATION FOR EXERCISING RIGHTS.—A No law enforcement
  151  officer or correctional officer may not shall be discharged;
  152  disciplined; demoted; denied promotion, transfer, or
  153  reassignment; or otherwise discriminated against in regard to
  154  his or her employment or appointment, or be threatened with any
  155  such treatment, by reason of his or her exercise of the rights
  156  granted by this part.
  158         (a) Except as provided in this subsection, disciplinary
  159  action, suspension, demotion, or dismissal may not be undertaken
  160  by an agency against a law enforcement officer or correctional
  161  officer for an any act, omission, or other allegation of
  162  misconduct if the investigation of the allegation, whether
  163  generated internally or externally, is not completed within 180
  164  days after the date the agency receives notice of the allegation
  165  by a person authorized by the agency to initiate an
  166  investigation of the misconduct. If the agency determines that
  167  disciplinary action is appropriate, it shall complete its
  168  investigation and give notice in writing to the law enforcement
  169  officer or correctional officer of its intent to proceed with
  170  disciplinary action, along with a proposal of the specific
  171  action sought, including length of suspension, if applicable.
  172  Notice to the officer must be provided within 180 days after the
  173  date the agency received notice of the alleged misconduct,
  174  except as follows:
  175         1. The running of the limitations period may be tolled for
  176  a period specified in a written waiver of the limitation by the
  177  law enforcement officer or correctional officer.
  178         2. The running of the limitations period is tolled during
  179  the time that a any criminal investigation or prosecution is
  180  pending in connection with the act, omission, or other
  181  allegation of misconduct.
  182         3. If the investigation involves an officer who is
  183  incapacitated or otherwise unavailable, the running of the
  184  limitations period is tolled during the period of incapacitation
  185  or unavailability.
  186         4. In a multijurisdictional investigation, the limitations
  187  period may be extended for a period of time reasonably necessary
  188  to facilitate the coordination of the agencies involved.
  189         5. The running of the limitations period may be tolled for
  190  emergencies or natural disasters during the time period wherein
  191  the Governor has declared a state of emergency within the
  192  jurisdictional boundaries of the concerned agency.
  193         6. The running of the limitations period is tolled during
  194  the time that the officer’s compliance hearing proceeding is
  195  continuing beginning with the filing of the notice of violation
  196  and a request for a hearing and ending with the written
  197  determination of the compliance review panel or upon the
  198  violation being remedied by the agency.
  199         (b) An investigation against a law enforcement officer or
  200  correctional officer may be reopened, notwithstanding the
  201  limitations period for commencing disciplinary action, demotion,
  202  or dismissal, if:
  203         1. Significant new evidence has been discovered that is
  204  likely to affect the outcome of the investigation.
  205         2. The evidence could not have reasonably been discovered
  206  in the normal course of investigation or the evidence resulted
  207  from the predisciplinary response of the officer.
  209  A Any disciplinary action resulting from an investigation that
  210  is reopened pursuant to this paragraph must be completed within
  211  90 days after the date the investigation is reopened.
  212         Section 2. This act shall take effect July 1, 2014.