1 | 1 | | |
---|
2 | 2 | | |
---|
3 | 3 | | HB 443 2024 |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | CODING: Words stricken are deletions; words underlined are additions. |
---|
8 | 8 | | hb0443-00 |
---|
9 | 9 | | Page 1 of 8 |
---|
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 |
---|
11 | 11 | | |
---|
12 | 12 | | |
---|
13 | 13 | | |
---|
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 |
---|
39 | 39 | | |
---|
40 | 40 | | HB 443 2024 |
---|
41 | 41 | | |
---|
42 | 42 | | |
---|
43 | 43 | | |
---|
44 | 44 | | CODING: Words stricken are deletions; words underlined are additions. |
---|
45 | 45 | | hb0443-00 |
---|
46 | 46 | | Page 2 of 8 |
---|
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 |
---|
48 | 48 | | |
---|
49 | 49 | | |
---|
50 | 50 | | |
---|
51 | 51 | | act; providing an effective date. 26 |
---|
52 | 52 | | 27 |
---|
53 | 53 | | Be It Enacted by the Legislature of the State of Florida: 28 |
---|
54 | 54 | | 29 |
---|
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 |
---|
76 | 76 | | |
---|
77 | 77 | | HB 443 2024 |
---|
78 | 78 | | |
---|
79 | 79 | | |
---|
80 | 80 | | |
---|
81 | 81 | | CODING: Words stricken are deletions; words underlined are additions. |
---|
82 | 82 | | hb0443-00 |
---|
83 | 83 | | Page 3 of 8 |
---|
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 |
---|
85 | 85 | | |
---|
86 | 86 | | |
---|
87 | 87 | | |
---|
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 |
---|
113 | 113 | | |
---|
114 | 114 | | HB 443 2024 |
---|
115 | 115 | | |
---|
116 | 116 | | |
---|
117 | 117 | | |
---|
118 | 118 | | CODING: Words stricken are deletions; words underlined are additions. |
---|
119 | 119 | | hb0443-00 |
---|
120 | 120 | | Page 4 of 8 |
---|
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 |
---|
122 | 122 | | |
---|
123 | 123 | | |
---|
124 | 124 | | |
---|
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 |
---|
150 | 150 | | |
---|
151 | 151 | | HB 443 2024 |
---|
152 | 152 | | |
---|
153 | 153 | | |
---|
154 | 154 | | |
---|
155 | 155 | | CODING: Words stricken are deletions; words underlined are additions. |
---|
156 | 156 | | hb0443-00 |
---|
157 | 157 | | Page 5 of 8 |
---|
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 |
---|
159 | 159 | | |
---|
160 | 160 | | |
---|
161 | 161 | | |
---|
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 |
---|
187 | 187 | | |
---|
188 | 188 | | HB 443 2024 |
---|
189 | 189 | | |
---|
190 | 190 | | |
---|
191 | 191 | | |
---|
192 | 192 | | CODING: Words stricken are deletions; words underlined are additions. |
---|
193 | 193 | | hb0443-00 |
---|
194 | 194 | | Page 6 of 8 |
---|
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 |
---|
196 | 196 | | |
---|
197 | 197 | | |
---|
198 | 198 | | |
---|
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 |
---|
224 | 224 | | |
---|
225 | 225 | | HB 443 2024 |
---|
226 | 226 | | |
---|
227 | 227 | | |
---|
228 | 228 | | |
---|
229 | 229 | | CODING: Words stricken are deletions; words underlined are additions. |
---|
230 | 230 | | hb0443-00 |
---|
231 | 231 | | Page 7 of 8 |
---|
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 |
---|
233 | 233 | | |
---|
234 | 234 | | |
---|
235 | 235 | | |
---|
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 |
---|
261 | 261 | | |
---|
262 | 262 | | HB 443 2024 |
---|
263 | 263 | | |
---|
264 | 264 | | |
---|
265 | 265 | | |
---|
266 | 266 | | CODING: Words stricken are deletions; words underlined are additions. |
---|
267 | 267 | | hb0443-00 |
---|
268 | 268 | | Page 8 of 8 |
---|
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 |
---|
270 | 270 | | |
---|
271 | 271 | | |
---|
272 | 272 | | |
---|
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 |
---|