| 1 | A bill to be entitled |
| 2 | An act relating to correctional and law enforcement |
| 3 | officer discipline; amending s. 112.533, F.S.; requiring |
| 4 | verification of the contents of certain investigative |
| 5 | reports; amending s. 112.534, F.S.; providing for |
| 6 | investigations of complaints alleging specified procedural |
| 7 | violations; requiring a log of specified complaints; |
| 8 | providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsection (1) of section 112.533, Florida |
| 13 | Statutes, is amended to read: |
| 14 | 112.533 Receipt and processing of complaints.-- |
| 15 | (1)(a) Every law enforcement agency and correctional |
| 16 | agency shall establish and put into operation a system for the |
| 17 | receipt, investigation, and determination of complaints received |
| 18 | by such agency from any person, which shall be the procedure for |
| 19 | investigating a complaint against a law enforcement and |
| 20 | correctional officer and for determining whether to proceed with |
| 21 | disciplinary action or to file disciplinary charges, |
| 22 | notwithstanding any other law or ordinance to the contrary. This |
| 23 | subsection does not preclude the Criminal Justice Standards and |
| 24 | Training Commission from exercising its authority under chapter |
| 25 | 943. |
| 26 | (b) The officer assigned the responsibility of |
| 27 | investigating the complaint and preparing the investigative |
| 28 | report under this section shall, at the time the report is |
| 29 | issued, verify pursuant to s. 92.525 that the contents of the |
| 30 | report are true and accurate based upon the officer's |
| 31 | information and belief. |
| 32 | Section 2. Section 112.534, Florida Statutes, is amended |
| 33 | to read: |
| 34 | 112.534 Failure to comply; official misconduct.-- |
| 35 | (1) If any law enforcement agency or correctional agency |
| 36 | fails to comply with the requirements of this part, a law |
| 37 | enforcement officer or correctional officer employed by or |
| 38 | appointed to such agency who is personally injured by such |
| 39 | failure to comply may apply directly to the circuit court of the |
| 40 | county wherein such agency is headquartered and permanently |
| 41 | resides for an injunction to restrain and enjoin such violation |
| 42 | of the provisions of this part and to compel the performance of |
| 43 | the duties imposed by this part. |
| 44 | (2) If a law enforcement or correctional agency receives a |
| 45 | complaint that alleges a violation of s. 112.532(1) or s. |
| 46 | 112.533(1)(b), it shall cause the complaint to be investigated |
| 47 | and a written report shall be issued addressing and resolving |
| 48 | the allegations of the complaint. If the report sustains a |
| 49 | violation of s. 112.532(1) or s. 112.533(1)(b), the agency shall |
| 50 | remove the investigating officer who is the subject of the |
| 51 | complaint from internal investigative responsibilities and take |
| 52 | other action against the officer as deemed appropriate. The |
| 53 | agency shall declare any internal investigation in which a |
| 54 | violation occurred to be invalid, and the investigative report |
| 55 | and all supporting records shall be placed in the removed |
| 56 | investigator's personnel file. Additionally, the original |
| 57 | complaint shall be reinvestigated. |
| 58 | (3) Every law enforcement or correctional agency receiving |
| 59 | complaints alleging a violation of the requirements of this part |
| 60 | shall maintain a log documenting the receipt of such complaints, |
| 61 | which shall include the date the complaint was received, the |
| 62 | date of the written report relating to the complaint was |
| 63 | completed, the disposition of the complaint, and the action, if |
| 64 | any, taken against the investigating officer who was the subject |
| 65 | of the complaint. |
| 66 | (4)(2) All the provisions of s. 838.022 shall apply to |
| 67 | this part. |
| 68 | Section 3. This act shall take effect upon becoming a law. |