The Florida Senate

¹240.5343  Rights in interrogations.--

(1)  In any interrogation of any person suspected of a violation of association rules, at the point at which the association should reasonably believe the person might have violated association rules, it shall inform the person that it is investigating him or her for misconduct which might result in the imposition of a penalty on such individual or his or her institution.

(2)  At such point, the person interrogated is entitled to have counsel present at any further interrogation and need not respond further until provided with reasonable time to obtain counsel. The person interrogated is entitled to a complete recording of any subsequent interrogation and a transcript of the full interrogation made at the expense of the association. The transcript shall be made by a certified state court reporter. The association or its agent shall inform the person to be interrogated of these rights before proceeding and shall obtain written acknowledgment of such provision.

(3)  In any proceeding or hearing held to determine whether a violation has occurred, any party who has been subject to an interrogation, or the institution with whom he or she is associated, may seek to suppress evidence obtained during or as a result of the interrogation if the interrogation was not conducted in accordance with the provisions of this section.

History.--s. 6, ch. 91-260; s. 78, ch. 95-148; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.