| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to correctional and law enforcement |
| 7 | officer discipline; amending s. 112.533, F.S.; requiring |
| 8 | certain investigative reports to include a statement |
| 9 | relating to compliance with ss. 112.532 and 112.533, F.S., |
| 10 | and to be verified; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (1) of section 112.533, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 112.533 Receipt and processing of complaints.-- |
| 17 | (1) Every law enforcement agency and correctional agency |
| 18 | shall establish and put into operation a system for the receipt, |
| 19 | investigation, and determination of complaints received by such |
| 20 | agency from any person, which shall be the procedure for |
| 21 | investigating a complaint against a law enforcement and |
| 22 | correctional officer and for determining whether to proceed with |
| 23 | disciplinary action or to file disciplinary charges, |
| 24 | notwithstanding any other law or ordinance to the contrary. When |
| 25 | law enforcement or correctional agency personnel assigned the |
| 26 | responsibility of investigating the complaint prepare an |
| 27 | investigative report or summary, regardless of form, the person |
| 28 | preparing the report shall, at the time the report is completed: |
| 29 | (a) Verify pursuant to s. 92.525 that the contents of the |
| 30 | report are true and accurate based upon the person's personal |
| 31 | knowledge, information, and belief. |
| 32 | (b) Include the following statement, sworn and subscribed |
| 33 | to pursuant to s. 92.525: |
| 34 | "I, the undersigned, do hereby swear, under penalty of |
| 35 | perjury, that, to the best of my personal knowledge, |
| 36 | information, and belief, I have not knowingly or willfully |
| 37 | deprived, or allowed another to deprive, the subject of the |
| 38 | investigation of any of the rights contained in ss. 112.532 and |
| 39 | 112.533, Florida Statutes." |
| 40 |
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| 41 | The requirements of paragraphs (a) and (b) shall be completed |
| 42 | prior to the determination as to whether to proceed with |
| 43 | disciplinary action or to file disciplinary charges. This |
| 44 | subsection does not preclude the Criminal Justice Standards and |
| 45 | Training Commission from exercising its authority under chapter |
| 46 | 943. |
| 47 | Section 2. This act shall take effect upon becoming a law. |