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