Senate Bill sb0558

    Florida Senate - 2002                                   SB 558

    By Senator Futch





    18-594-02

  1                      A bill to be entitled

  2         An act relating to law enforcement and

  3         correctional officers; amending s. 112.533,

  4         F.S.; providing for legal counsel and a

  5         representative of the officer's choice to

  6         review a complaint filed against the officer

  7         and all statements made by the complainant and

  8         witnesses; providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Paragraph (a) of subsection (2) of section

13  112.533, Florida Statutes, is amended to read:

14         112.533  Receipt and processing of complaints.--

15         (2)(a)  A complaint filed against a law enforcement

16  officer or correctional officer with a law enforcement agency

17  or correctional agency and all information obtained pursuant

18  to the investigation by the agency of such complaint shall be

19  confidential and exempt from the provisions of s. 119.07(1)

20  until the investigation ceases to be active, or until the

21  agency head or the agency head's designee provides written

22  notice to the officer who is the subject of the complaint,

23  either personally or by mail, that the agency has either:

24         1.  Concluded the investigation with a finding not to

25  proceed with disciplinary action or to file charges; or

26         2.  Concluded the investigation with a finding to

27  proceed with disciplinary action or to file charges.

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29  Notwithstanding the foregoing provisions, the officer who is

30  the subject of the complaint, along with legal counsel or any

31  other representative of his or her choice, may review the

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






    Florida Senate - 2002                                   SB 558
    18-594-02




  1  complaint and all statements regardless of form made by the

  2  complainant and witnesses immediately prior to the beginning

  3  of the investigative interview. If a witness to a complaint is

  4  incarcerated in a correctional facility and may be under the

  5  supervision of, or have contact with, the officer under

  6  investigation, only the names and written statements of the

  7  complainant and nonincarcerated witnesses may be reviewed by

  8  the officer under investigation immediately prior to the

  9  beginning of the investigative interview.

10         Section 2.  This act shall take effect July 1, 2002.

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13                          SENATE SUMMARY

14    Authorizes legal counsel for a law enforcement officer or
      a correctional officer and a representative of the
15    officer's choice to review a complaint filed against the
      officer and to review statements made by the complainant
16    and witnesses.

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