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. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 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
Alllaw enforcement officer or officers and15 correctional officer officersemployed 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: 20 (1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL 21 OFFICERS WHILE UNDER INVESTIGATION.—If Whenevera law 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 eitherat 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 whenever50 possible, before prior tothe 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 utilize100 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 anystate, 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 ofThis subsection does shallnot apply 109 to sheriffs or deputy sheriffs. 110 (3) CIVIL SUITS BROUGHT BY LAW ENFORCEMENT OFFICERS OR 111 CORRECTIONAL OFFICERS.—Each Everylaw enforcement officer or 112 correctional officer has shall havethe right to bring civil 113 suit against a anyperson, group of persons, or organization or 114 corporation, or the head of such organization or corporation, 115 for damages, eitherpecuniary 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 any128 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 whenevera 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 Nolaw enforcement 151 officer or correctional officer may not shallbe 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. 157 (6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.— 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 anyact, 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 anycriminal 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. 208 209 A Anydisciplinary 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.