Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 618 Ì1860460Î186046 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/20/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Yarborough) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Present subsections (1) and (2) of section 6 112.531, Florida Statutes, are redesignated as subsections (2) 7 and (3), respectively, and a new subsection (1) and subsection 8 (4) are added to that section, to read: 9 112.531 Definitions.—As used in this part, the term: 10 (1) “Brady identification system” means a list or 11 identification, in whatever form, of the name or names of law 12 enforcement or correctional officers about whom a prosecuting 13 agency is in possession of impeachment evidence as defined by 14 decision, statute, or rule. 15 (4) “Prosecuting agency” means the Attorney General or an 16 assistant attorney general, the statewide prosecutor or an 17 assistant statewide prosecutor, a state attorney or an assistant 18 state attorney, a city or county attorney, a special prosecutor, 19 or any other person or entity charged with the prosecution of a 20 criminal case. 21 Section 2. Subsection (7) is added to section 112.532, 22 Florida Statutes, 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 (7) RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL 29 OFFICERS RELATING TO A BRADY IDENTIFICATION SYSTEM.— 30 (a) A law enforcement officer or correctional officer has 31 all of the rights specified in s. 112.536 relating to the 32 inclusion of the name and information of the officer in a Brady 33 identification system. 34 (b) A law enforcement officer or correctional officer may 35 not be discharged, suspended, demoted, or otherwise disciplined, 36 or threatened with discharge, suspension, demotion, or other 37 discipline, by his or her employing agency solely as a result of 38 a prosecuting agency determining that the officer’s name and 39 information should be included in a Brady identification system. 40 This paragraph does not prohibit an officer’s employing agency 41 from discharging, suspending, demoting, or taking other 42 disciplinary action against a law enforcement officer or 43 correctional officer based on the underlying actions of the 44 officer which resulted in his or her inclusion in a Brady 45 identification system. If a collective bargaining agreement 46 applies, the actions taken by the officer’s employing agency 47 must conform to the rules and procedures adopted by the 48 collective bargaining agreement. 49 Section 3. Section 112.536, Florida Statutes, is created to 50 read: 51 112.536 Requirements for maintaining a Brady identification 52 system.— 53 (1) A prosecuting agency is not required to maintain a 54 Brady identification system. A prosecuting agency may determine 55 that its obligations under the Brady decision are better 56 discharged through such procedures as that agency chooses to 57 use. 58 (2) A prosecuting agency that maintains a Brady 59 identification system shall adopt written policies that, at a 60 minimum, require all of the following: 61 (a) The right of a law enforcement officer or a 62 correctional officer to receive written notice through United 63 States mail or e-mail to the current or last known employing 64 agency of the officer, before or contemporaneously with a 65 prosecuting agency including the name and information of the 66 officer in a Brady identification system, unless a pending case 67 requires immediate disclosure or providing notice would 68 jeopardize a pending investigation. 69 (b) The right of a law enforcement officer or correctional 70 officer to receive written notice before a prosecuting agency 71 includes the name and information of the officer in a Brady 72 identification system. 73 (c) The right of a law enforcement officer or correctional 74 officer to request reconsideration of the prosecuting agency’s 75 decision to include the name and information of the officer in a 76 Brady identification system and his or her right to submit 77 documents and evidence in support of the request for 78 reconsideration. 79 (3) If, after the policy provided in subsection (2) is 80 followed, it is determined that the law enforcement officer or 81 correctional officer in question should not be included in a 82 Brady identification system, the prosecuting agency must send 83 notice to the law enforcement officer or correctional officer 84 and his or her employing agency that he or she has been removed 85 from the Brady identification system. 86 (4) If, after the policy provided in subsection (2) is 87 followed, it is determined that the law enforcement officer or 88 correctional officer in question should not be included in a 89 Brady identification system, but his or her name was disclosed 90 in a pending case, the prosecuting agency must take the 91 necessary steps to notify the parties involved in the pending 92 case of the law enforcement officer’s or correctional officer’s 93 removal from the Brady identification system. 94 (5) If a prosecuting agency fails to comply with this 95 section, a law enforcement officer or a correctional officer may 96 petition the court for a writ of mandamus to compel the 97 prosecuting agency to act in accordance with this section. The 98 scope of such a hearing may not include a judicial review of the 99 evidence or merits of an officer’s inclusion in a Brady 100 identification system, but instead must be limited to whether 101 the prosecuting agency acted in accordance with the procedural 102 requirements of this section. This section does not preclude the 103 law enforcement officer or correctional officer from pursuing 104 whatever administrative or judicial remedies are otherwise 105 available to him or her in relation to any other action or 106 remedy outside of this section. 107 (6) This section does not: 108 (a) Limit the duty of a prosecuting agency to produce Brady 109 evidence in all cases as required by the United States 110 Constitution, the State Constitution, and the Florida Rules of 111 Criminal Procedure and relevant case law; 112 (b) Limit or restrict a prosecuting agency’s ability to 113 remove the name and information of a law enforcement officer or 114 correctional officer from a Brady identification system if, at 115 any time, the prosecuting agency determines that the name and 116 information of the officer are no longer proper for 117 identification; or 118 (c) Create a private cause of action against a prosecuting 119 agency or any employee of a prosecuting agency, other than the 120 writ described in subsection (5). 121 Section 4. This act shall take effect July 1, 2023. 122 123 ================= T I T L E A M E N D M E N T ================ 124 And the title is amended as follows: 125 Delete everything before the enacting clause 126 and insert: 127 A bill to be entitled 128 An act relating to rights of law enforcement officers 129 and correctional officers; amending s. 112.531, F.S.; 130 defining terms; amending s. 112.532, F.S.; providing 131 rights of law enforcement officers and correctional 132 officers relating to a Brady identification system; 133 prohibiting a law enforcement officer or correctional 134 officer from being discharged, suspended, demoted, or 135 otherwise disciplined for certain reasons; providing 136 construction; requiring the employing agency of a law 137 enforcement officer or correctional officer to conform 138 to certain rules and procedures; creating s. 112.536, 139 F.S.; providing that a prosecuting agency is not 140 required to maintain a Brady identification system; 141 authorizing a prosecuting agency to choose different 142 procedures to discharge its obligations under the 143 Brady decision; requiring a prosecuting agency that 144 maintains a Brady identification system to adopt 145 written policies; providing minimum requirements for 146 such policies; requiring a prosecuting agency to 147 provide certain notices to certain law enforcement 148 officers or correctional officers and their employing 149 agency under certain conditions; requiring the 150 prosecuting agency to notify specified parties in a 151 pending case of the removal of the name of a law 152 enforcement officer or a correctional officer from the 153 Brady identification system under certain conditions; 154 authorizing a law enforcement officer or a 155 correctional officer to petition for a writ of 156 mandamus under certain circumstances; providing the 157 scope of the judicial review; providing construction; 158 providing an effective date.