Florida 2024 Regular Session

Florida House Bill H0601 Compare Versions

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3-HB 601, Engrossed 1 2024 Legislature
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1010 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- 1
15-An act relating to law enforcement and correctional 2
16-officers; creating s. 30.61, F.S.; authorizing county 3
17-sheriffs to establish civilian oversight boards to 4
18-review the policies and procedures of the sheriff's 5
19-office and its subdivisions; providing for membership 6
20-of such boards; amending s. 112.533, F.S.; providing 7
21-legislative intent; revising the definition of 8
22-"political subdivision"; prohibiting a political 9
23-subdivision from adopting or attempting to enforce 10
24-certain ordinances relating to the receipt, 11
25-processing, or investigation of complaints against law 12
26-enforcement officers or correctional officers, or 13
27-relating to civilian oversight of law enforcement 14
28-agency investigations of complaints of misconduct by 15
29-such officers; making technical changes; amending s. 16
30-112.532, F.S.; conforming a cross -reference; making 17
31-technical changes; amending s. 145.071, F.S.; revising 18
32-the base salary for sheriffs; providing a declarat ion 19
33-of important state interest; creating s. 166.0486, 20
34-F.S.; authorizing the chief of a municipal police 21
35-department to establish a civilian oversight board to 22
36-review the policies and procedures of the chief's 23
37-department and its subdivisions; providing for 24
38-membership of such boards; providing an effective 25
39-ENROLLED
40-HB 601, Engrossed 1 2024 Legislature
14+A bill to be entitled 1
15+An act relating to complaints against law enforcement 2
16+and correctional officers; creating s. 112.5331, F.S.; 3
17+providing legislative intent; preempting regulation of 4
18+complaints against law enforcement officers and 5
19+correctional officers to the state; providing an 6
20+effective date. 7
21+ 8
22+Be It Enacted by the Legislature of the State of Florida: 9
23+ 10
24+ Section 1. Section 112.5331, Florida Statutes, is created 11
25+to read: 12
26+ 112.5331 Preemption to the state. —It is the intent of the 13
27+Legislature that the receipt, processing, and investigation of 14
28+complaints against law enforcement officers and correctional 15
29+officers, and the rights and privileges afforded to such 16
30+officers while under investigation, apply uniformly throughout 17
31+the state. Accordingly, it is unlawful for a county, 18
32+municipality, special district, or other political subdivision 19
33+of the state to pass or enforce any ordinance, resolution, or 20
34+rule relating to the receipt, proce ssing, or investigation of 21
35+complaints of misconduct by law enforcement officers and 22
36+correctional officers, except as otherwise expressly provided in 23
37+this part, or to pass or enforce any ordinance, resolution, or 24
38+rule relating to civilian oversight of a law enforcement agency 25
39+
40+HB 601 2024
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4747 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-date. 26
52- 27
53-Be It Enacted by the Legislature of the State of Florida: 28
54- 29
55- Section 1. Section 30.61, Florida Statutes, is created to 30
56-read: 31
57- 30.61 Establishment of civilian oversight boards. — 32
58- (1) A county sheriff may establish a civilian oversight 33
59-board to review the policies and procedures of his or her office 34
60-and its subdivisions. 35
61- (2) The board must be composed of at least three and up to 36
62-seven members appointed by the sheriff, one of which shall be a 37
63-retired law enforcement officer. 38
64- Section 2. Section 112.533, Florida Statutes, is amended 39
65-to read: 40
66- 112.533 Receipt and processing of complaints. — 41
67- (1) It is the intent of the Legislature to make the 42
68-process for receiving, processing, and investigatio n of 43
69-complaints against law enforcement or correctional officers, and 44
70-the rights and privileges provided in this part while under 45
71-investigation, apply uniformly throughout this state and its 46
72-political subdivisions. 47
73- (2) As used in this section, the term " political 48
74-subdivision" means a separate agency or unit of local government 49
75-created or established by law or ordinance and the officers 50
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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-thereof and includes, but is not limited to, an authority, a 51
89-board, a branch, a bureau, a city, a commission, a consolida ted 52
90-government, a county, a department, a district, an institution, 53
91-a metropolitan government, a municipality, an office, an 54
92-officer, a public corporation, a town, or a village. 55
93- (3) A political subdivision may not adopt or attempt to 56
94-enforce any ordinanc e relating to either of the following: 57
95- (a) The receipt, processing, or investigation by any 58
96-political subdivision of this state of complaints of misconduct 59
97-by law enforcement or correctional officers, except as expressly 60
98-provided in this section. 61
99- (b) Civilian oversight of law enforcement agencies' 62
100-investigations of complaints of misconduct by law enforcement or 63
101-correctional officers. 64
102- (4)(a) Every law enforcement agency and correctional 65
103-agency shall establish and put into operation a system for the 66
104-receipt, investigation, and determination of complaints received 67
105-by such agency from any person, which must shall be the 68
106-procedure for investigating a complaint against a law 69
107-enforcement or and correctional officer and for determining 70
108-whether to proceed with disciplinary action or to file 71
109-disciplinary charges, notwithstanding any other law or ordinance 72
110-to the contrary. When law enforcement or correctional agency 73
111-personnel assigned the responsibility of investigating the 74
112-complaint prepare an investigative repor t or summary, regardless 75
113-ENROLLED
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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-of form, the person preparing the report shall, at the time the 76
126-report is completed: 77
127- 1. Verify pursuant to s. 92.525 that the contents of the 78
128-report are true and accurate based upon the person's personal 79
129-knowledge, information, and belief. 80
130- 2. Include the following statement, sworn and subscribed 81
131-to pursuant to s. 92.525: 82
132- 83
133-"I, the undersigned, do hereby swear, under penalty of perjury, 84
134-that, to the best of my personal knowledge, information, and 85
135-belief, I have not knowingly or w illfully deprived, or allowed 86
136-another to deprive, the subject of the investigation of any of 87
137-the rights contained in ss. 112.532 and 112.533, Florida 88
138-Statutes." 89
139- 90
140-The requirements of subparagraphs 1. and 2. must shall be 91
141-completed before prior to the determination as to whether to 92
142-proceed with disciplinary action or to file disciplinary 93
143-charges. This subsection does not preclude the Criminal Justice 94
144-Standards and Training Commission from exercising its authority 95
145-under chapter 943. 96
146- (b)1. Any political subdivision that initiates or receives 97
147-a complaint against a law enforcement officer or correctional 98
148-officer shall must within 5 business days forward the complaint 99
149-to the employing agency of the officer who is the subject of the 100
150-ENROLLED
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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-complaint for review or investi gation. 101
163- 2. For purposes of this paragraph, the term "political 102
164-subdivision" means a separate agency or unit of local government 103
165-created or established by law or ordinance and the officers 104
166-thereof and includes, but is not limited to, an authority, 105
167-board, branch, bureau, city, commission, consolidated 106
168-government, county, department, district, institution, 107
169-metropolitan government, municipality, office, officer, public 108
170-corporation, town, or village. 109
171- 110
172-Notwithstanding the rights and privileges provided under th is 111
173-part or any provisions provided in a collective bargaining 112
174-agreement, the agency head or the agency head's designee may 113
175-request a sworn or certified investigator from a separate law 114
176-enforcement or correctional agency to conduct the investigation 115
177-when a conflict is identified with having an investigator 116
178-conduct the investigation of an officer of the same employing 117
179-agency; the employing agency does not have an investigator 118
180-trained to conduct such investigations; or the agency's 119
181-investigator is the subject of, or a witness in, the 120
182-investigation and such agency is composed of any combination of 121
183-35 or fewer law enforcement officers or correctional officers. 122
184-The employing agency must document the identified conflict. Upon 123
185-completion of the investigation, the in vestigator shall present 124
186-the findings without any disciplinary recommendation to the 125
187-ENROLLED
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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-employing agency. 126
200- (5)(a)(2)(a) A complaint filed against a law enforcement 127
201-officer or correctional officer with a law enforcement agency or 128
202-correctional agency and all i nformation obtained pursuant to the 129
203-investigation by the agency of the complaint is confidential and 130
204-exempt from the provisions of s. 119.07(1) until the 131
205-investigation ceases to be active, or until the agency head or 132
206-the agency head's designee provides wri tten notice to the 133
207-officer who is the subject of the complaint, either personally 134
208-or by mail, that the agency has concluded the investigation with 135
209-either a finding: 136
210- 1. Concluded the investigation with a finding Not to 137
211-proceed with disciplinary action or to file charges; or 138
212- 2. Concluded the investigation with a finding To proceed 139
213-with disciplinary action or to file charges. 140
214- 141
215-Notwithstanding the foregoing provisions, the officer who is the 142
216-subject of the complaint, along with legal counsel or any other 143
217-representative of his or her choice, may review the complaint 144
218-and all statements regardless of form made by the complainant 145
219-and witnesses and all existing evidence, including, but not 146
220-limited to, incident reports, analyses, GPS locator information, 147
221-and audio or video recordings relating to the investigation, 148
222-immediately before beginning the investigative interview. All 149
223-statements, regardless of form, provided by a law enforcement 150
224-ENROLLED
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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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234-
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236-officer or correctional officer during the course of a complaint 151
237-investigation of that officer must shall be made under oath 152
238-pursuant to s. 92.525. Knowingly false statements given by a law 153
239-enforcement officer or correctional officer under investigation 154
240-may subject the law enforcement officer or correctional officer 155
241-to prosecution for perjury. If a witness to a complaint is 156
242-incarcerated in a correctional facility and may be under the 157
243-supervision of, or have contact with, the officer under 158
244-investigation, only the names and written statements of the 159
245-complainant and noni ncarcerated witnesses may be reviewed by the 160
246-officer under investigation immediately before prior to the 161
247-beginning of the investigative interview. 162
248- (b) This subsection does not apply to any public record 163
249-which is exempt from public disclosure pursuant to chapter 119. 164
250-For the purposes of this subsection, an investigation is shall 165
251-be considered active as long as it is continuing with a 166
252-reasonable, good faith anticipation that an administrative 167
253-finding will be made in the foreseeable future. An investigation 168
254-is shall be presumed to be inactive if no finding is made within 169
255-45 days after the complaint is filed. 170
256- (c) Notwithstanding other provisions of this section, the 171
257-complaint and information must shall be available to law 172
258-enforcement agencies, correctional a gencies, and state attorneys 173
259-in the conduct of a lawful criminal investigation. 174
260- (6)(3) A law enforcement officer or correctional officer 175
261-ENROLLED
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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-has the right to review his or her official personnel file at 176
274-any reasonable time under the supervision of the design ated 177
275-records custodian. A law enforcement officer or correctional 178
276-officer may attach to the file a concise statement in response 179
277-to any items included in the file identified by the officer as 180
278-derogatory, and copies of such items must be made available to 181
279-the officer. 182
280- (7)(4) Any person who is a participant in an internal 183
281-investigation, including the complainant, the subject of the 184
282-investigation and the subject's legal counsel or a 185
283-representative of his or her choice, the investigator conducting 186
284-the investigation, and any witnesses in the investigation, who 187
285-willfully discloses any information obtained pursuant to the 188
286-agency's investigation, including, but not limited to, the 189
287-identity of the officer under investigation, the nature of the 190
288-questions asked, info rmation revealed, or documents furnished in 191
289-connection with a confidential internal investigation of an 192
290-agency, before such complaint, document, action, or proceeding 193
291-becomes a public record as provided in this section commits a 194
292-misdemeanor of the first de gree, punishable as provided in s. 195
293-775.082 or s. 775.083. However, this subsection does not limit a 196
294-law enforcement or correctional officer's ability to gain access 197
295-to information under paragraph (5)(a) (2)(a). Additionally, a 198
296-sheriff, police chief, or oth er head of a law enforcement 199
297-agency, or his or her designee, is not precluded by this section 200
298-ENROLLED
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306-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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310-from acknowledging the existence of a complaint and the fact 201
311-that an investigation is underway. 202
312- Section 3. Paragraph (b) of subsection (4) of section 203
313-112.532, Florida Statutes, is amended to read: 204
314- 112.532 Law enforcement officers' and correctional 205
315-officers' rights.—All law enforcement officers and correctional 206
316-officers employed by or appointed to a law enforcement agency or 207
317-a correctional agency shall have th e following rights and 208
318-privileges: 209
319- (4) NOTICE OF DISCIPLINARY ACTION; COPY OF AND OPPORTUNITY 210
320-TO ADDRESS CONTENTS OF INVESTIGATIVE FILE; CONFIDENTIALITY. — 211
321- (b) Notwithstanding s. 112.533(5) s. 112.533(2), whenever 212
322-a law enforcement officer or correction al officer is subject to 213
323-disciplinary action consisting of suspension with loss of pay, 214
324-demotion, or dismissal, the officer or the officer's 215
325-representative must shall, upon request, be provided with a 216
326-complete copy of the investigative file, including the final 217
327-investigative report and all evidence, and with the opportunity 218
328-to address the findings in the report with the employing law 219
329-enforcement agency before imposing disciplinary action 220
330-consisting of suspension with loss of pay, demotion, or 221
331-dismissal. The contents of the complaint and investigation must 222
332-shall remain confidential until such time as the employing law 223
333-enforcement agency makes a final determination whether or not to 224
334-issue a notice of disciplinary action consisting of suspension 225
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343-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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347-with loss of pay, demotion, or dismissal. This paragraph does 226
348-not provide law enforcement officers with a property interest or 227
349-expectancy of continued employment, employment, or appointment 228
350-as a law enforcement officer. 229
351- Section 4. Subsection (1) of section 145.071, F lorida 230
352-Statutes, is amended to read: 231
353- 145.071 Sheriff.— 232
354- (1) Each sheriff shall receive as salary the amount 233
355-indicated, based on the population of his or her county. In 234
356-addition, a compensation shall be made for population increments 235
357-over the minimum for each group, which shall be determined by 236
358-multiplying the population in excess of the minimum for the 237
359-group times the group rate. 238
360- 239
361-Pop.
362-Group County Pop. Range
363-Base Salary Group Rate
364- 240
365- Minimum Maximum
366- 241
367-I
368--0- 49,999
369-$33,350
370-$28,350 $0.07875
371- 242
372-II
373-50,000 99,999
374-36,500
375-31,500 0.06300
376- 243
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385-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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389-III
390-100,000 199,999
391-39,650
392-34,650 0.02625
393- 244
394-IV
395-200,000 399,999
396-42,275
397-37,275 0.01575
398- 245
399-V
400-400,000 999,999
401-45,425
402-40,425 0.00525
403- 246
404-VI
405-1,000,000
406-48,575
407-43,575 0.00400
408- 247
409- 248
410- Section 5. The Legislature hereby determines and declares 249
411-that this act fulfills an important state interest. 250
412- Section 6. Section 166.0486, Florida Statutes, is created 251
413-to read: 252
414- 166.0486 Establishment of civilian oversight boards. — 253
415- (1) The chief of a municipal police department may 254
416-establish a civilian oversight board to review the policies and 255
417-procedures of his or her department and its subdivisions. 256
418- (2) The board must be composed of at least three and up to 257
419-seven members appointed by the chief o f the municipal police 258
420-department, one of which shall be a retired law enforcement 259
421-officer. 260
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434- Section 7. This act shall take effect July 1, 2024. 261
51+in relation to the investigation of complaints of misconduct by 26
52+law enforcement officers and correctional officers. 27
53+ Section 2. This act shall take effect July 1, 2024. 28