2007 Amendments to the Law Enforcement Officers’ Bill of Rights

Section 112.532 & 533, Florida Statutes

Senate Bill sb0492c1

CODING: Words stricken are deletions; words underlined are additions.

Florida Senate - 2007 CS for SB 492
By the Committee on Criminal Justice; and Senator Fasano
 
A bill to be entitled-
 
An act relating to the investigations of law enforcement and correctional officers; amending s. 112.532, F.S.; requiring that all identifiable witnesses 
to a complaint against an officer be interviewed, whenever possible, prior to the investigative interview of the accused officer; requiring that the accused
officer be furnished with the complaint and witness statements prior to the investigative interview; providing for waiver of the right to review witness 
statements and provide a statement by an officer; providing for tolling of the limitations period during an emergency or natural disaster; providing an effective 
date.
 
Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (d) of subsection (1) and paragraph (a) of subsection (6) of section 112.532, 
Florida Statutes, are amended to read:
 
112.532 Law enforcement officers' and correctional officers' rights.--All law enforcement officers and correctional officers employed by or appointed to a 
law enforcement agency or a correctional agency shall have the following rights and privileges:
 
(1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL OFFICERS WHILE UNDER INVESTIGATION.--Whenever a 
law enforcement officer or correctional officer is under investigation and subject to interrogation by members of his or her agency for any reason which could 
lead to disciplinary action, demotion, or dismissal, such interrogation shall be conducted under the following conditions:
 
(d) The law enforcement officer or correctional officer under investigation shall be informed of the nature of the investigation prior to any I 
 interrogation, and he or she shall be informed of the names name of all complainants. All identifiable witnesses shall be interviewed, whenever
 possible, prior to the investigative interview of the accused officer. The complaint and all witness statements shall be provided to the accused 
 officer before beginning the investigative interview of that officer. The officer, after being informed of the right to review witness statements, may
 voluntarily waive the provisions of this paragraph and provide a voluntary statement at any time.
 
LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.--
 
(a) Except as provided in this subsection, no disciplinary action, demotion, or dismissal shall be undertaken by an agency against a law enforcement
 officer or correctional officer for any act, omission, or other allegation of misconduct if the investigation of such allegation is not completed 
 within 180 days after the date the agency receives notice of the allegation by a person authorized by the agency to initiate an investigation of the
 misconduct. If In the event that the agency determines that disciplinary action is appropriate, it shall complete its investigation and give notice in 
 writing to the law enforcement officer or correctional officer of its intent to proceed with disciplinary action, along with a proposal of the action 
 sought. Such notice to the officer shall be provided within 180 days after the date the agency received notice of the alleged misconduct, except as 
 follows:
 
 1. The running of the limitations period may be tolled for a period specified in a written waiver of the limitation by the law enforcement officer or 
 correctional officer.
 
 2. The running of the limitations period shall be tolled during the time that any criminal investigation or prosecution is pending in connection with 
 the act, omission, or other allegation of misconduct.
 
 3. If the investigation involves an officer who is incapacitated or otherwise unavailable, the running of the limitations period shall be tolled 
 during the period of incapacitation or unavailability.
 
 4. In a multijurisdictional investigation, the limitations period may be extended for a period of time reasonably necessary to facilitate the 
 coordination of the agencies involved.
 
 5. The running of the limitations period may be tolled for emergencies or natural disasters during the time period that the Governor has declared a 
 state of emergency within the jurisdictional boundaries of the concerned agency.
 
This act shall take effect July 1, 2007. (If signed by the Governor)
 
 
STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN COMMITTEE SUBSTITUTE FOR Senate Bill 492
 
The bill has been amended to provide that the officer under investigation may waive the right to review the complaint and witness statements prior to his 
or her interview.
 
Also, during a state of emergency declared by the Governor within the jurisdictional boundaries of the agency conducting the investigation, the time limitation
(180 days, generally)for completing the investigation is tolled.
 
 
* * * * * * * *
 
 

Senate Bill sb0690

CODING: Words stricken are deletions; words underlined are additions.

Florida Senate - 2007 SB 690
By Senator Haridopolos
 
A bill to be entitled-
 
An act relating to correctional and law enforcement officer discipline; amending s. 112.533, F.S.; requiring that certain investigative reports include a 
statement relating to compliance with ss. 112.532 and 112.533, F.S., and that these reports be verified; requiring that certain statements be made under 
oath and subject to prosecution for perjury; providing an effective date. Be It Enacted by the Legislature of the State of Florida:
 
Section 1. Subsection (1) and paragraph (a) of subsection (2) of section 112.533, Florida Statutes, are amended to read:
 
112.533 Receipt and processing of complaints.--
 
(1) Every law enforcement agency and correctional agency shall establish and put into operation a system for the receipt, investigation, and determination 
 of complaints received by such agency from any person, which shall be the procedure for investigating a complaint against a law enforcement and 
 correctional officer and for determining whether to proceed with disciplinary action or to file disciplinary charges, notwithstanding any other law or
 ordinance to the contrary. When law enforcement or correctional agency personnel assigned the responsibility of investigating the complaint prepare an 
 investigative report or summary, regardless of form, the person preparing the report shall, at the time the report is completed:
 
 (a) Verify pursuant to s. 92.525 that the contents of the report are true and accurate based upon the person's personal knowledge, information, and 
 belief.
 
 (b) Include the following statement, sworn and subscribed to pursuant to s. 92.525:
 
 "I, the undersigned, do hereby swear, under penalty of perjury, that, to the best of my personal knowledge, information, and belief, I have not 
  knowingly or willfully deprived, or allowed another to deprive, the subject of the investigation of any of the rights contained in ss. 112.532 
 and 112.533, Florida Statutes."
 
 The requirements of paragraphs (a) and (b) shall be completed prior to the determination as to whether to proceed with disciplinary action or to file 
 disciplinary charges. This subsection does not preclude the Criminal Justice Standards and Training Commission from exercising its authority under 
 chapter 943.
 
(2) (a) A complaint filed against a law enforcement officer or correctional officer with a law enforcement agency or correctional agency and all 
 information obtained pursuant to the investigation by the agency of such complaint shall be confidential and exempt from the provisions of 
 s. 119.07(1)until the investigation ceases to be active, or until the agency head or the agency head's designee provides written notice to the 
 officer who is the subject of the complaint, either personally or by mail, that the agency has either:
 
 1. Concluded the investigation with a finding not to proceed with disciplinary action or to file charges; or
 
 2. Concluded the investigation with a finding to proceed with disciplinary action or to file charges. 
 
 Notwithstanding the foregoing provisions, the officer who is the subject of the complaint, along with legal counsel or any other representative of 
 his or her choice, may review the complaint and all statements regardless of form made by the complainant and witnesses immediately prior to the 
 beginning of the investigative interview. All statements, regardless of form, provided by a law enforcement officer or correctional officer during 
 the course of a complaint investigation of that officer shall be made under oath pursuant to s. 92.525. Knowingly false statements given by a law 
 enforcement officer or correctional officer under investigation may subject the law enforcement officer or correctional officer to prosecution for 
 perjury. If a witness to a complaint is incarcerated in a correctional facility and may be under the supervision of, or have contact with, the 
 officer under investigation, only the names and written statements of the complainant and nonincarcerated witnesses may be reviewed by the officer 
 under investigation immediately prior to the beginning of the investigative interview.
 
Section 2. This act shall take effect upon becoming a law. (If signed by the Governor)
 
SENATE SUMMARY
 
Requires law enforcement or correctional agency personnel preparing an investigative report to verify the accuracy of the statement and to include a 
statement verifying compliance with ss. 112.532 and 112.533, F.S. Requires that all statements made during the course of a complaint investigation be made 
under oath. Provides that knowingly false statements may be subject to prosecution for perjury.