Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 618
       
       
       
       
       
       
                                Ì653756GÎ653756                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2023           .                                
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       The Committee on Criminal Justice (Yarborough) recommended the
       following:
       
    1         Senate Amendment to Amendment (186046) (with title
    2  amendment)
    3  
    4         Delete lines 53 - 120
    5  and insert:
    6         (1)(a)A prosecuting agency is not required to maintain a
    7  Brady identification system. A prosecuting agency may determine
    8  that its obligations under the Brady decision are better
    9  discharged through such procedures as that agency chooses to
   10  use.
   11         (b) A law enforcement officer or correctional officer’s
   12  employing agency shall forward all sustained and finalized
   13  internal affairs complaints, relevant to s. 90.608, s. 90.609,
   14  or s. 90.610, to the prosecuting agency in the circuit in which
   15  the law enforcement agency is located to assist the prosecuting
   16  agency in compliance with its obligations under the Brady v.
   17  Maryland, 373 U.S. 83 (1963) decision. The employing agency must
   18  notify the law enforcement officer or correctional officer of
   19  any sustained and finalized internal affairs investigations they
   20  send to the prosecuting agency as required by this section. If
   21  the law enforcement officer or correctional officer is no longer
   22  employed, the agency must mail notification to the officer's
   23  last known address on file at the agency.
   24         (2)A prosecuting agency that maintains a Brady
   25  identification system shall adopt written policies that, at a
   26  minimum, require all of the following:
   27         (a)The right of a law enforcement officer or a
   28  correctional officer to receive written notice through United
   29  States mail or e-mail to the current or last known employing
   30  agency of the officer, before or contemporaneously with a
   31  prosecuting agency including the name and information of the
   32  officer in a Brady identification system, unless a pending case
   33  requires immediate disclosure or providing notice would
   34  jeopardize a pending investigation.
   35         (b)The right of a law enforcement officer or correctional
   36  officer to receive written notice before a prosecuting agency
   37  includes the name and information of the officer in a Brady
   38  identification system.
   39         (c)The right of a law enforcement officer or correctional
   40  officer to request reconsideration of the prosecuting agency’s
   41  decision to include the name and information of the officer in a
   42  Brady identification system and his or her right to submit
   43  documents and evidence in support of the request for
   44  reconsideration.
   45         (3)If, after the policy provided in subsection (2) is
   46  followed, it is determined that the law enforcement officer or
   47  correctional officer in question should not be included in a
   48  Brady identification system, the prosecuting agency must send
   49  notice to the law enforcement officer or correctional officer
   50  and his or her employing agency that he or she has been removed
   51  from the Brady identification system.
   52         (4)If, after the policy provided in subsection (2) is
   53  followed, it is determined that the law enforcement officer or
   54  correctional officer in question should not be included in a
   55  Brady identification system, but his or her name was disclosed
   56  in a pending case, the prosecuting agency must take the
   57  necessary steps to notify the parties involved in the pending
   58  case of the law enforcement officer’s or correctional officer’s
   59  removal from the Brady identification system.
   60         (5)If a prosecuting agency fails to comply with this
   61  section, a law enforcement officer or a correctional officer may
   62  petition the court for a writ of mandamus to compel the
   63  prosecuting agency to act in accordance with this section. The
   64  scope of such a hearing may not include a judicial review of the
   65  evidence or merits of an officer’s inclusion in a Brady
   66  identification system, but instead must be limited to whether
   67  the prosecuting agency acted in accordance with the procedural
   68  requirements of this section. This section does not preclude the
   69  law enforcement officer or correctional officer from pursuing
   70  whatever administrative or judicial remedies are otherwise
   71  available to him or her in relation to any other action or
   72  remedy outside of this section.
   73         (6)This section does not:
   74         (a) Require a prosecuting agency to give notice to or
   75  provide an opportunity for review and input from the law
   76  enforcement officer or correctional officer if the information
   77  in a Brady identification system is the following:
   78         1. A criminal conviction relevant to s. 90.610; or
   79         2. A sustained and finalized internal affairs complaint
   80  relevant to s. 90.608, s. 90.609, or s. 90.610.
   81         (b)Limit the duty of a prosecuting agency to produce Brady
   82  evidence in all cases as required by the United States
   83  Constitution, the State Constitution, and the Florida Rules of
   84  Criminal Procedure and relevant case law;
   85         (c)Limit or restrict a prosecuting agency’s ability to
   86  remove the name and information of a law enforcement officer or
   87  correctional officer from a Brady identification system if, at
   88  any time, the prosecuting agency determines that the name and
   89  information of the officer are no longer proper for
   90  identification; or
   91         (d)Create a private cause of action against a prosecuting
   92  agency or any employee of a prosecuting agency, other than the
   93  writ described in subsection (5).
   94  
   95  ================= T I T L E  A M E N D M E N T ================
   96  And the title is amended as follows:
   97         Delete line 143
   98  and insert:
   99         Brady decision; imposing requirements on the current
  100         or former employing agency of the law enforcement
  101         officer or correctional officer; requiring a
  102         prosecuting agency that