Florida Senate - 2025 SB 516
By Senator Collins
14-00414B-25 2025516__
1 A bill to be entitled
2 An act relating to complaints against law enforcement
3 and correctional officers; amending s. 112.532, F.S.;
4 requiring that a copy of a complaint, signed by the
5 complainant under oath, be provided to law enforcement
6 officers and correctional officers who are under
7 investigation; prohibiting certain personnel actions
8 from being taken against a law enforcement officer or
9 correctional officer unless such officer receives a
10 copy of the complaint signed by the complainant under
11 oath; prohibiting the investigative file of certain
12 investigations of law enforcement officers or
13 correctional officers from being included in such
14 officer’s personnel file; prohibiting the existence of
15 certain investigations from affecting an officer’s
16 ability to receive a promotion, a raise, or any other
17 commendation; amending s. 112.533, F.S.; requiring a
18 complaint against a law enforcement officer or
19 correctional officer to be in writing and signed under
20 oath by the person filing the complaint; providing
21 penalties for making a false complaint; providing an
22 effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Paragraph (d) of subsection (1) and subsection
27 (4) of section 112.532, Florida Statutes, are amended, and
28 subsection (8) is added to that section, to read:
29 112.532 Law enforcement officers’ and correctional
30 officers’ rights.—All law enforcement officers and correctional
31 officers employed by or appointed to a law enforcement agency or
32 a correctional agency shall have the following rights and
33 privileges:
34 (1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL
35 OFFICERS WHILE UNDER INVESTIGATION.—Whenever a law enforcement
36 officer or correctional officer is under investigation and
37 subject to interrogation by members of his or her agency for any
38 reason that could lead to disciplinary action, suspension,
39 demotion, or dismissal, the interrogation must be conducted
40 under the following conditions:
41 (d) The law enforcement officer or correctional officer
42 under investigation must be informed of the nature of the
43 investigation and the names of all complainants and also be
44 provided a copy of the complaint, signed by the complainant
45 under oath, before any interrogation begins, and he or she must
46 be informed of the names of all complainants. All identifiable
47 witnesses shall be interviewed, whenever possible, prior to the
48 beginning of the investigative interview of the accused officer.
49 The complaint, all witness statements, including all other
50 existing subject officer statements, and all other existing
51 evidence, including, but not limited to, incident reports, GPS
52 locator information, and audio or video recordings relating to
53 the incident under investigation, must be provided to each
54 officer who is the subject of the complaint before the beginning
55 of any investigative interview of that officer. An officer,
56 after being informed of the right to review witness statements,
57 may voluntarily waive the provisions of this paragraph and
58 provide a voluntary statement at any time.
59 (4) NOTICE OF DISCIPLINARY ACTION; COPY OF AND OPPORTUNITY
60 TO ADDRESS CONTENTS OF INVESTIGATIVE FILE; CONFIDENTIALITY.—
61 (a) A dismissal, demotion, transfer, reassignment, or other
62 personnel action that might result in loss of pay or benefits or
63 that might otherwise be considered a punitive measure may not be
64 taken against any law enforcement officer or correctional
65 officer unless the law enforcement officer or correctional
66 officer is notified of the action and the reason or reasons for
67 the action and he or she is provided a copy of the complaint
68 signed by the complainant under oath before the effective date
69 of the action.
70 (b) Notwithstanding s. 112.533(5), whenever a law
71 enforcement officer or correctional officer is subject to
72 disciplinary action consisting of suspension with loss of pay,
73 demotion, or dismissal, the officer or the officer’s
74 representative must, upon request, be provided with a complete
75 copy of the investigative file, including the complaint signed
76 by the complainant under oath, the final investigative report,
77 and all evidence, and with the opportunity to address the
78 findings in the report with the employing law enforcement agency
79 before imposing disciplinary action consisting of suspension
80 with loss of pay, demotion, or dismissal. The contents of the
81 complaint and investigation must remain confidential until such
82 time as the employing law enforcement agency makes a final
83 determination whether to issue a notice of disciplinary action
84 consisting of suspension with loss of pay, demotion, or
85 dismissal. This paragraph does not provide law enforcement
86 officers with a property interest or expectancy of continued
87 employment, employment, or appointment as a law enforcement
88 officer.
89 (8) RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL
90 OFFICERS AFTER AN INVESTIGATION.—The investigative file of an
91 investigation of a law enforcement or correctional officer which
92 does not result in the imposition of disciplinary action on the
93 officer may not be included in the personnel file of such
94 officer. Such investigation may not affect the ability of such
95 officer to receive a promotion, a raise, or any other
96 commendation.
97 Section 2. Paragraph (a) of subsection (4) of section
98 112.533, Florida Statutes, is amended to read:
99 112.533 Receipt and processing of complaints.—
100 (4)(a) Every law enforcement agency and correctional agency
101 shall establish and put into operation a system for the receipt,
102 investigation, and determination of complaints received by such
103 agency from any person, which must be the procedure for
104 investigating a complaint against a law enforcement or
105 correctional officer and for determining whether to proceed with
106 disciplinary action or to file disciplinary charges,
107 notwithstanding any other law or ordinance to the contrary. A
108 complaint against a law enforcement or correctional officer must
109 be in writing and signed under oath as provided in s. 92.525(2)
110 by the person filing the complaint. A complainant who makes a
111 false complaint is subject to the penalties in s. 92.525(3).
112 When law enforcement or correctional agency personnel assigned
113 the responsibility of investigating the complaint prepare an
114 investigative report or summary, regardless of form, the person
115 preparing the report shall, at the time the report is completed:
116 1. Verify pursuant to s. 92.525 that the contents of the
117 report are true and accurate based upon the person’s personal
118 knowledge, information, and belief.
119 2. Include the following statement, sworn and subscribed to
120 pursuant to s. 92.525:
121 “I, the undersigned, do hereby swear, under penalty of perjury,
122 that, to the best of my personal knowledge, information, and
123 belief, I have not knowingly or willfully deprived, or allowed
124 another to deprive, the subject of the investigation of any of
125 the rights contained in ss. 112.532 and 112.533, Florida
126 Statutes.”
127
128 The requirements of subparagraphs 1. and 2. must be completed
129 before the determination as to whether to proceed with
130 disciplinary action or to file disciplinary charges. This
131 subsection does not preclude the Criminal Justice Standards and
132 Training Commission from exercising its authority under chapter
133 943.
134 Section 3. This act shall take effect July 1, 2025.