| 1 | The Governmental Operations 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; requiring certain statements to be |
| 11 | made under oath and subject to prosecution for perjury; |
| 12 | providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Subsection (1) and paragraph (a) of subsection |
| 17 | (2) of section 112.533, Florida Statutes, are amended to read: |
| 18 | 112.533 Receipt and processing of complaints.-- |
| 19 | (1) Every law enforcement agency and correctional agency |
| 20 | shall establish and put into operation a system for the receipt, |
| 21 | investigation, and determination of complaints received by such |
| 22 | agency from any person, which shall be the procedure for |
| 23 | investigating a complaint against a law enforcement and |
| 24 | correctional officer and for determining whether to proceed with |
| 25 | disciplinary action or to file disciplinary charges, |
| 26 | notwithstanding any other law or ordinance to the contrary. When |
| 27 | law enforcement or correctional agency personnel assigned the |
| 28 | responsibility of investigating the complaint prepare an |
| 29 | investigative report or summary, regardless of form, the person |
| 30 | preparing the report shall, at the time the report is completed: |
| 31 | (a) Verify pursuant to s. 92.525 that the contents of the |
| 32 | report are true and accurate based upon the person's personal |
| 33 | knowledge, information, and belief. |
| 34 | (b) Include the following statement, sworn and subscribed |
| 35 | to pursuant to s. 92.525: |
| 36 | "I, the undersigned, do hereby swear, under penalty of |
| 37 | perjury, that, to the best of my personal knowledge, |
| 38 | information, and belief, I have not knowingly or willfully |
| 39 | deprived, or allowed another to deprive, the subject of the |
| 40 | investigation of any of the rights contained in ss. 112.532 and |
| 41 | 112.533, Florida Statutes." |
| 42 |
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| 43 | The requirements of paragraphs (a) and (b) shall be completed |
| 44 | prior to the determination as to whether to proceed with |
| 45 | disciplinary action or to file disciplinary charges. This |
| 46 | subsection does not preclude the Criminal Justice Standards and |
| 47 | Training Commission from exercising its authority under chapter |
| 48 | 943. |
| 49 | (2)(a) A complaint filed against a law enforcement officer |
| 50 | or correctional officer with a law enforcement agency or |
| 51 | correctional agency and all information obtained pursuant to the |
| 52 | investigation by the agency of such complaint shall be |
| 53 | confidential and exempt from the provisions of s. 119.07(1) |
| 54 | until the investigation ceases to be active, or until the agency |
| 55 | head or the agency head's designee provides written notice to |
| 56 | the officer who is the subject of the complaint, either |
| 57 | personally or by mail, that the agency has either: |
| 58 | 1. Concluded the investigation with a finding not to |
| 59 | proceed with disciplinary action or to file charges; or |
| 60 | 2. Concluded the investigation with a finding to proceed |
| 61 | with disciplinary action or to file charges. |
| 62 |
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| 63 | Notwithstanding the foregoing provisions, the officer who is the |
| 64 | subject of the complaint, along with legal counsel or any other |
| 65 | representative of his or her choice, may review the complaint |
| 66 | and all statements regardless of form made by the complainant |
| 67 | and witnesses immediately prior to the beginning of the |
| 68 | investigative interview. All statements, regardless of form, |
| 69 | provided by a law enforcement officer or correctional officer |
| 70 | during the course of a complaint investigation of that officer |
| 71 | shall be made under oath pursuant to s. 92.525. Knowingly false |
| 72 | statements given by a law enforcement officer or correctional |
| 73 | officer under investigation may subject the law enforcement |
| 74 | officer or correctional officer to prosecution for perjury. If a |
| 75 | witness to a complaint is incarcerated in a correctional |
| 76 | facility and may be under the supervision of, or have contact |
| 77 | with, the officer under investigation, only the names and |
| 78 | written statements of the complainant and nonincarcerated |
| 79 | witnesses may be reviewed by the officer under investigation |
| 80 | immediately prior to the beginning of the investigative |
| 81 | interview. |
| 82 | Section 2. This act shall take effect upon becoming a law. |