HB 0583CS

CHAMBER ACTION




1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to correctional and law enforcement
7officer discipline; amending s. 112.533, F.S.; requiring
8certain investigative reports to include a statement
9relating to compliance with ss. 112.532 and 112.533, F.S.,
10and to be verified; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (1) of section 112.533, Florida
15Statutes, is amended to read:
16     112.533  Receipt and processing of complaints.--
17     (1)  Every law enforcement agency and correctional agency
18shall establish and put into operation a system for the receipt,
19investigation, and determination of complaints received by such
20agency from any person, which shall be the procedure for
21investigating a complaint against a law enforcement and
22correctional officer and for determining whether to proceed with
23disciplinary action or to file disciplinary charges,
24notwithstanding any other law or ordinance to the contrary. When
25law enforcement or correctional agency personnel assigned the
26responsibility of investigating the complaint prepare an
27investigative report or summary, regardless of form, the person
28preparing the report shall, at the time the report is completed:
29     (a)  Verify pursuant to s. 92.525 that the contents of the
30report are true and accurate based upon the person's personal
31knowledge, information, and belief.
32     (b)  Include the following statement, sworn and subscribed
33to pursuant to s. 92.525:
34     "I, the undersigned, do hereby swear, under penalty of
35perjury, that, to the best of my personal knowledge,
36information, and belief, I have not knowingly or willfully
37deprived, or allowed another to deprive, the subject of the
38investigation of any of the rights contained in ss. 112.532 and
39112.533, Florida Statutes."
40
41The requirements of paragraphs (a) and (b) shall be completed
42prior to the determination as to whether to proceed with
43disciplinary action or to file disciplinary charges. This
44subsection does not preclude the Criminal Justice Standards and
45Training Commission from exercising its authority under chapter
46943.
47     Section 2.  This act shall take effect upon becoming a law.


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