HB 583

1
A bill to be entitled
2An act relating to correctional and law enforcement
3officer discipline; amending s. 112.533, F.S.; requiring
4verification of the contents of certain investigative
5reports; amending s. 112.534, F.S.; providing for
6investigations of complaints alleging specified procedural
7violations; requiring a log of specified complaints;
8providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (1) of section 112.533, Florida
13Statutes, is amended to read:
14     112.533  Receipt and processing of complaints.--
15     (1)(a)  Every law enforcement agency and correctional
16agency shall establish and put into operation a system for the
17receipt, investigation, and determination of complaints received
18by such agency from any person, which shall be the procedure for
19investigating a complaint against a law enforcement and
20correctional officer and for determining whether to proceed with
21disciplinary action or to file disciplinary charges,
22notwithstanding any other law or ordinance to the contrary. This
23subsection does not preclude the Criminal Justice Standards and
24Training Commission from exercising its authority under chapter
25943.
26     (b)  The officer assigned the responsibility of
27investigating the complaint and preparing the investigative
28report under this section shall, at the time the report is
29issued, verify pursuant to s. 92.525 that the contents of the
30report are true and accurate based upon the officer's
31information and belief.
32     Section 2.  Section 112.534, Florida Statutes, is amended
33to read:
34     112.534  Failure to comply; official misconduct.--
35     (1)  If any law enforcement agency or correctional agency
36fails to comply with the requirements of this part, a law
37enforcement officer or correctional officer employed by or
38appointed to such agency who is personally injured by such
39failure to comply may apply directly to the circuit court of the
40county wherein such agency is headquartered and permanently
41resides for an injunction to restrain and enjoin such violation
42of the provisions of this part and to compel the performance of
43the duties imposed by this part.
44     (2)  If a law enforcement or correctional agency receives a
45complaint that alleges a violation of s. 112.532(1) or s.
46112.533(1)(b), it shall cause the complaint to be investigated
47and a written report shall be issued addressing and resolving
48the allegations of the complaint. If the report sustains a
49violation of s. 112.532(1) or s. 112.533(1)(b), the agency shall
50remove the investigating officer who is the subject of the
51complaint from internal investigative responsibilities and take
52other action against the officer as deemed appropriate. The
53agency shall declare any internal investigation in which a
54violation occurred to be invalid, and the investigative report
55and all supporting records shall be placed in the removed
56investigator's personnel file. Additionally, the original
57complaint shall be reinvestigated.
58     (3)  Every law enforcement or correctional agency receiving
59complaints alleging a violation of the requirements of this part
60shall maintain a log documenting the receipt of such complaints,
61which shall include the date the complaint was received, the
62date of the written report relating to the complaint was
63completed, the disposition of the complaint, and the action, if
64any, taken against the investigating officer who was the subject
65of the complaint.
66     (4)(2)  All the provisions of s. 838.022 shall apply to
67this part.
68     Section 3.  This act shall take effect upon becoming a law.


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