Florida 2024 Regular Session

Florida House Bill H0443 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 443 2024
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to law enforcement officers and 2
16	16	correctional officers; amending s. 112.532, F.S.; 3
17	17	removing provisions relating to complaint review 4
18	18	boards; authorizing law enforcement officers and 5
19	19	correctional officers to pursue administrative relief 6
20	20	or file a civil action if the officer is disciplined 7
21	21	for certain violations; amending s. 112.534, F.S.; 8
22	22	removing the requirement that certain violations by 9
23	23	agencies or investigators be intentional; providing 10
24	24	that an interview of an officer may not begin or must 11
25	25	cease under certain circumstances; providing that the 12
26	26	third member of a compliance review panel may not be 13
27	27	employed by the agency head; requiring the compliance 14
28	28	review panel to determine if a violation occurred; 15
29	29	removing the requirement for an agency head to 16
30	30	initiate an investigation against an investigator; 17
31	31	requiring sustained allegations of an intentional 18
32	32	violation to be forwarded to the Criminal Justice 19
33	33	Standards and Training Commission for review; 20
34	34	providing for administrative and civil relief; 21
35	35	providing that an employing agency is responsible for 22
36	36	certain monetary expenses under certain circumstances; 23
37	37	amending s. 112.533, F.S.; removing a criminal 24
38	38	penalty; conforming provisions to changes made by the 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	act; providing an effective date. 26
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53	53	Be It Enacted by the Legislature of the State of Florida: 28
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55	55	Section 1. Subsections (3) through (7) of section 112.532, 30
56	56	Florida Statutes, are renumbered as subsections (2) through (6), 31
57	57	respectively, and present subsections (2) and (3) of that 32
58	58	section are amended, to rea d: 33
59	59	112.532 Law enforcement officers' and correctional 34
60	60	officers' rights.—All law enforcement officers and correctional 35
61	61	officers employed by or appointed to a law enforcement agency or 36
62	62	a correctional agency shall have the following rights and 37
63	63	privileges: 38
64	64	(2) COMPLAINT REVIEW BOARDS. —A complaint review board 39
65	65	shall be composed of three members: One member selected by the 40
66	66	chief administrator of the agency or unit; one member selected 41
67	67	by the aggrieved officer; and a third member to be selected by 42
68	68	the other two members. Agencies or units having more than 100 43
69	69	law enforcement officers or correctional officers shall utilize 44
70	70	a five-member board, with two members being selected by the 45
71	71	administrator, two members being selected by the aggrieved 46
72	72	officer, and the fifth member being selected by the other four 47
73	73	members. The board members shall be law enforcement officers or 48
74	74	correctional officers selected from any state, county, or 49
75	75	municipal agency within the county. There shall be a board for 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	law enforcement officers and a board for correctional officers 51
89	89	whose members shall be from the same discipline as the aggrieved 52
90	90	officer. The provisions of this subsection shall not apply to 53
91	91	sheriffs or deputy sheriffs. 54
92	92	(2)(3) ADMINISTRATIVE RELIEF AND CIVIL SUITS FOR BROUGHT 55
93	93	BY LAW ENFORCEMENT OFFICERS OR CORRECTIONAL OFFICERS. —Every law 56
94	94	enforcement officer or correctional officer has shall have the 57
95	95	right to bring civil suit against any person, group of persons, 58
96	96	or organization or corporation, or the head of such organization 59
97	97	or corporation, for damages, either pecuniary or otherwise, 60
98	98	suffered during the performance of the officer's official 61
99	99	duties, for abridgment of the officer's civil rights arising out 62
100	100	of the officer's performance of official duties, or for filing a 63
101	101	complaint against the officer which the person knew was false 64
102	102	when it was filed. An officer may pursue appropriate 65
103	103	administrative relief or file a civil action in a court of 66
104	104	competent jurisdiction if he or she is subject to disciplinary 67
105	105	action in violation of this section. This section does not 68
106	106	establish a separate civil action against the officer's 69
107	107	employing law enforcement agency for the investigation and 70
108	108	processing of a complaint filed under this part. 71
109	109	Section 2. Subsection (1) of section 112.534, Florida 72
110	110	Statutes, is amended to read: 73
111	111	112.534 Failure to comply; official misconduct. — 74
112	112	(1) Notwithstanding s. 112.532(5), if any law enforcement 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	agency or correctional agency, including investigators in its 76
126	126	internal affairs or professional standards division, or an 77
127	127	assigned investigating supervisor, violates intentionally fails 78
128	128	to comply with the requirements of this part, the following 79
129	129	procedures apply. For purposes of this section, the term "law 80
130	130	enforcement officer" or "correctional officer" includes the 81
131	131	officer's representative or legal counsel, except in application 82
132	132	of paragraph (d). 83
133	133	(a) The law enforcement officer or correctional officer 84
134	134	must notify shall advise the investigator of the alleged 85
135	135	intentional violation of the requirements of this part which is 86
136	136	alleged to have occurred. The officer's notice of violation is 87
137	137	sufficient to notify the investigator of the requirements of 88
138	138	this part which are alleged to have been violated and the 89
139	139	factual basis of each violation. 90
140	140	(b) If the investigator fails to cure the alleged 91
141	141	violation or continues the alleged violation after being 92
142	142	notified by the law enforcement officer or correctional officer, 93
143	143	the officer must shall request that the agency head or his or 94
144	144	her designee be informed of the alleged intentional violation. 95
145	145	If the alleged violation is discovered before or during the 96
146	146	interview of the officer Once this request is made , the 97
147	147	interview of the officer may not begin or must shall cease, and 98
148	148	the officer's refusal to respond to further investigative 99
149	149	questions does not consti tute insubordination or any similar 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	type of policy violation. 101
163	163	(c) Thereafter, within 3 working days, a written notice of 102
164	164	alleged violation and request for a compliance review hearing 103
165	165	must shall be filed with the agency head or designee and which 104
166	166	must contain sufficient information to identify the requirements 105
167	167	of this part which are alleged to have been violated and the 106
168	168	factual basis of each violation. All evidence related to the 107
169	169	investigation must be preserved for review and presentation at 108
170	170	the compliance review hearing. For purposes of confidentiality, 109
171	171	the compliance review panel hearing is shall be considered part 110
172	172	of the original investigation. 111
173	173	(d) Unless otherwise remedied by the agency before the 112
174	174	compliance review hearing, the a compliance review hea ring must 113
175	175	be conducted within 10 working days after the request for a 114
176	176	compliance review hearing is filed, unless, by mutual agreement 115
177	177	of the officer and agency or for extraordinary reasons, an 116
178	178	alternate date is chosen. A compliance review The panel shall 117
179	179	review the circumstances and facts surrounding the alleged 118
180	180	intentional violation. The three-member compliance review panel 119
181	181	consists of shall be made up of three members: one member 120
182	182	selected by the agency head, one member selected by the office r 121
183	183	filing the request, and a third member who is not employed by 122
184	184	the agency head and is to be selected by the other two members. 123
185	185	The compliance review panel members must shall be law 124
186	186	enforcement officers or correctional officers who are active 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	from the same law enforcement discipline as the officer 126
200	200	requesting the hearing. Compliance review panel members may be 127
201	201	selected from any state, county, or municipal agency within the 128
202	202	county in which the officer works. The compliance review hearing 129
203	203	shall be conducted in the county in which the officer works. 130
204	204	(e) It is the responsibility of the compliance review 131
205	205	panel to determine whether a violation occurred and if or not 132
206	206	the investigator or agency intentionally violated the 133
207	207	requirements provided under this part. It ma y hear evidence, 134
208	208	review relevant documents, and hear argument before making such 135
209	209	a determination; however, all evidence received must shall be 136
210	210	strictly limited to the allegation under consideration and may 137
211	211	not be related to the disciplinary charges pending against the 138
212	212	officer. The investigative materials are considered confidential 139
213	213	for purposes of the compliance review hearing and determination. 140
214	214	(f) The officer bears the burden of proof to establish 141
215	215	that the alleged violation of this part was intentional. The 142
216	216	standard of proof for such a determination is by a preponderance 143
217	217	of the evidence. The determination of the compliance review 144
218	218	panel must be made at the conclusion of the compliance review 145
219	219	hearing, in writing, and filed with the agency head and the 146
220	220	officer. 147
221	221	(g) If the alleged violation is sustained as intentional 148
222	222	by the compliance review panel, the agency head must shall 149
223	223	immediately remove the investigator from any further involvement 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	with the investigation of the officer if the investigation is 151
237	237	still ongoing. Additionally, the agency head shall direct an 152
238	238	investigation be initiated against the investigator determined 153
239	239	to have intentionally violated the requirements provided under 154
240	240	this part for purposes of agency disciplinary action. if the 155
241	241	compliance review panel sustains the violation as intentional 156
242	242	against the investigator or any other officer involved in the 157
243	243	violation that investigation is sustained , the violation must 158
244	244	sustained allegations against the investigator shall be 159
245	245	forwarded to the Criminal Ju stice Standards and Training 160
246	246	Commission for review as an act of official misconduct or misuse 161
247	247	of position. 162
248	248	(h) If an officer is disciplined after a violation of this 163
249	249	part, the violation may be addressed and remedied 164
250	250	administratively or in a court of comp etent jurisdiction. If a 165
251	251	disciplinary action is directly connected to an intentional 166
252	252	violation of this part and the intentional violation results in 167
253	253	the reversal of the disciplinary action, the employing agency is 168
254	254	responsible for the monetary expenses incu rred by the aggrieved 169
255	255	officer, including attorney fees and costs, hardship draws from 170
256	256	the officer's retirement accounts, loss of income, and loss of 171
257	257	personal property. 172
258	258	Section 3. Subsection (4) of section 112.533, Florida 173
259	259	Statutes, is amended to read: 174
260	260	112.533 Receipt and processing of complaints. — 175
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	(4) Any person who is a participant in an internal 176
274	274	investigation, including the complainant, the subject of the 177
275	275	investigation and the subject's legal counsel or a 178
276	276	representative of his or her choice, the i nvestigator conducting 179
277	277	the investigation, and any witnesses in the investigation, who 180
278	278	willfully discloses any information obtained pursuant to the 181
279	279	agency's investigation, including, but not limited to, the 182
280	280	identity of the officer under investigation, the n ature of the 183
281	281	questions asked, information revealed, or documents furnished in 184
282	282	connection with a confidential internal investigation of an 185
283	283	agency, before such complaint, document, action, or proceeding 186
284	284	becomes a public record as provided in this section com mits a 187
285	285	misdemeanor of the first degree, punishable as provided in s. 188
286	286	775.082 or s. 775.083. However, this subsection does not limit a 189
287	287	law enforcement or correctional officer's ability to gain access 190
288	288	to information under paragraph (2)(a). Additionally, a sh eriff, 191
289	289	police chief, or other head of a law enforcement agency, or his 192
290	290	or her designee, is not precluded by this section from 193
291	291	acknowledging the existence of a complaint and the fact that an 194
292	292	investigation is underway. 195
293	293	Section 4. This act shall take effe ct July 1, 2024. 196