Florida 2025 Regular Session

Florida House Bill H0317 Compare Versions

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

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3	3	HB 317 2025
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb317-00
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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 complaints against law enforcement 2
16	16	and correctional officers; amending s. 112.532, F.S.; 3
17	17	requiring a copy of a complaint, signed by the 4
18	18	complainant under oath, to be provided to law 5
19	19	enforcement officers and correctional officers who are 6
20	20	under investigation; prohibiting certain personnel 7
21	21	action from being taken against a law enforcement 8
22	22	officer or correctional officer unless such officer 9
23	23	receives a copy of the complaint signed by the 10
24	24	complainant under oath; prohibiting the investigative 11
25	25	file of certain investigations of law enforcement 12
26	26	officers or correctional officers from being included 13
27	27	in such officer's personnel file; prohibiting the 14
28	28	existence of certain investigations from affecting the 15
29	29	officer's ability to receive a promotion, raise, or 16
30	30	other commendation; amending s. 112.533, F.S.; 17
31	31	requiring a complaint against a law enforcement 18
32	32	officer or correctional officer to be in writing and 19
33	33	signed under oath by the person filing the complaint; 20
34	34	providing penalties for making a false complaint; 21
35	35	providing an effective date. 22
36	36	23
37	37	Be It Enacted by the Legislature of the State of Florida: 24
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40	40	HB 317 2025
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45	45	hb317-00
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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	Section 1. Paragraph (d) of subsection (1) and subsection 26
52	52	(4) of section 112.532, Florida Statutes, are amended, and 27
53	53	subsection (8) is added to that section, to read: 28
54	54	112.532 Law enforcement officers' and correctional 29
55	55	officers' rights.—All law enforcement officers and correctional 30
56	56	officers employed by or appoint ed to a law enforcement agency or 31
57	57	a correctional agency shall have the following rights and 32
58	58	privileges: 33
59	59	(1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL 34
60	60	OFFICERS WHILE UNDER INVESTIGATION. —Whenever a law enforcement 35
61	61	officer or correctional officer is under investigation and 36
62	62	subject to interrogation by members of his or her agency for any 37
63	63	reason that could lead to disciplinary action, suspension, 38
64	64	demotion, or dismissal, the interrogation must be conducted 39
65	65	under the following conditions: 40
66	66	(d) The law enforcement officer or correctional officer 41
67	67	under investigation must be informed of the nature of the 42
68	68	investigation and the names of all complainants and also be 43
69	69	provided a copy of the complaint, signed by the complainant 44
70	70	under oath, before any interroga tion begins, and he or she must 45
71	71	be informed of the names of all complainants . All identifiable 46
72	72	witnesses shall be interviewed, whenever possible, prior to the 47
73	73	beginning of the investigative interview of the accused officer. 48
74	74	The complaint, all witness state ments, including all other 49
75	75	existing subject officer statements, and all other existing 50
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77	77	HB 317 2025
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb317-00
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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	evidence, including, but not limited to, incident reports, GPS 51
89	89	locator information, and audio or video recordings relating to 52
90	90	the incident under investigation, must be p rovided to each 53
91	91	officer who is the subject of the complaint before the beginning 54
92	92	of any investigative interview of that officer. An officer, 55
93	93	after being informed of the right to review witness statements, 56
94	94	may voluntarily waive the provisions of this paragr aph and 57
95	95	provide a voluntary statement at any time. 58
96	96	(4) NOTICE OF DISCIPLINARY ACTION; COPY OF AND OPPORTUNITY 59
97	97	TO ADDRESS CONTENTS OF INVESTIGATIVE FILE; CONFIDENTIALITY. — 60
98	98	(a) A dismissal, demotion, transfer, reassignment, or 61
99	99	other personnel action that might result in loss of pay or 62
100	100	benefits or that might otherwise be considered a punitive 63
101	101	measure may not be taken against any law enforcement officer or 64
102	102	correctional officer unless the law enforcement officer or 65
103	103	correctional officer is notified of the act ion and the reason or 66
104	104	reasons for the action and he or she is provided a copy of the 67
105	105	complaint signed by the complainant under oath before the 68
106	106	effective date of the action. 69
107	107	(b) Notwithstanding s. 112.533(5), whenever a law 70
108	108	enforcement officer or correcti onal officer is subject to 71
109	109	disciplinary action consisting of suspension with loss of pay, 72
110	110	demotion, or dismissal, the officer or the officer's 73
111	111	representative must, upon request, be provided with a complete 74
112	112	copy of the investigative file, including the complaint signed 75
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118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb317-00
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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	by the complainant under oath, the final investigative report 76
126	126	and all evidence, and with the opportunity to address the 77
127	127	findings in the report with the employing law enforcement agency 78
128	128	before imposing disciplinary action consisting of suspensi on 79
129	129	with loss of pay, demotion, or dismissal. The contents of the 80
130	130	complaint and investigation must remain confidential until such 81
131	131	time as the employing law enforcement agency makes a final 82
132	132	determination whether to issue a notice of disciplinary action 83
133	133	consisting of suspension with loss of pay, demotion, or 84
134	134	dismissal. This paragraph does not provide law enforcement 85
135	135	officers with a property interest or expectancy of continued 86
136	136	employment, employment, or appointment as a law enforcement 87
137	137	officer. 88
138	138	(8) RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL 89
139	139	OFFICERS AFTER AN INVESTIGATION. —The investigative file of an 90
140	140	investigation of a law enforcement or correctional officer which 91
141	141	does not result in any disciplinary action to the officer may 92
142	142	not be included in the pe rsonnel file of such officer. The 93
143	143	existence of an investigation that did not result in 94
144	144	disciplinary action of the law enforcement or correctional 95
145	145	officer may not affect the ability of such officer to receive a 96
146	146	promotion, raise, or other commendation. 97
147	147	Section 2. Paragraph (a) of subsection (4) of section 98
148	148	112.533, Florida Statutes, is amended to read: 99
149	149	112.533 Receipt and processing of complaints. — 100
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151	151	HB 317 2025
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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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	(4)(a) Every law enforcement agency and correctional 101
163	163	agency shall establish and put into operation a syst em for the 102
164	164	receipt, investigation, and determination of complaints received 103
165	165	by such agency from any person, which must be the procedure for 104
166	166	investigating a complaint against a law enforcement or 105
167	167	correctional officer and for determining whether to proceed w ith 106
168	168	disciplinary action or to file disciplinary charges, 107
169	169	notwithstanding any other law or ordinance to the contrary. A 108
170	170	complaint against a law enforcement or correctional officer must 109
171	171	be in writing and be signed under oath pursuant to s. 92.525(2) 110
172	172	by the person filing the complaint. A complainant who makes a 111
173	173	false complaint is subject to the penalties in s. 92.525(3). 112
174	174	When law enforcement or correctional agency personnel assigned 113
175	175	the responsibility of investigating the complaint prepare an 114
176	176	investigative report or summary, regardless of form, the person 115
177	177	preparing the report shall, at the time the report is completed: 116
178	178	1. Verify pursuant to s. 92.525 that the contents of the 117
179	179	report are true and accurate based upon the person's personal 118
180	180	knowledge, information, and belief. 119
181	181	2. Include the following statement, sworn and subscribed 120
182	182	to pursuant to s. 92.525: 121
183	183	"I, the undersigned, do hereby swear, under penalty of perjury, 122
184	184	that, to the best of my personal knowledge, information, and 123
185	185	belief, I have not knowingly or willfully deprived, or allowed 124
186	186	another to deprive, the subject of the investigation of any of 125
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188	188	HB 317 2025
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192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb317-00
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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	the rights contained in ss. 112.532 and 112.533, Florida 126
200	200	Statutes." 127
201	201	128
202	202	The requirements of subparagraphs 1. and 2. must be completed 129
203	203	before the determination as to whether to proceed with 130
204	204	disciplinary action or to file disciplinary charges. This 131
205	205	subsection does not preclude the Criminal Justice Standards and 132
206	206	Training Commission from exercising its authority under chapter 133
207	207	943. 134
208	208	Section 3. This act shall take effect July 1, 2025. 135