CS/HB 1283 full text · Session Watch

1 A bill to be entitled

2 An act relating to complaints against law enforcement

3 and correctional officers; amending s. 112.532, F.S.;

4 requiring that a copy of a complaint, signed by the

5 complainant under oath, be provided to law enforcement

6 officers and correctional officers who are under

7 investigation before any interrogation begins;

8 providing that complainant names and signatures are

9 not required if a complaint is accompanied by

10 corroborating evidence; prohibiting certain personnel

11 actions from being taken against a law enforcement

12 officer or correctional officer unless such officer

13 receives a copy of the complaint signed by the

14 complainant under oath; providing an exception;

15 requiring that the investigative file of certain

16 investigations of a law enforcement officer or

17 correctional officer be included in such officer's

18 personnel file; providing that certain investigations

19 do not affect such officer's ability to receive a

20 promotion, a raise, or any other commendation;

21 amending s. 112.533, F.S.; requiring a complaint

22 against a law enforcement officer or correctional

23 officer to be in writing and signed under oath by the

24 person filing the complaint; providing an exception;

25 providing penalties for making a false complaint;

26 providing an effective date.

28 Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (d) of subsection (1) and subsection

31 (4) of section 112.532, Florida Statutes, are amended, and

32 subsection (8) is added to that section, to read:

33 112.532 Law enforcement officers' and correctional

34 officers' rights.—All law enforcement officers and correctional

35 officers employed by or appointed to a law enforcement agency or

36 a correctional agency shall have the following rights and

37 privileges:

38 (1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL

39 OFFICERS WHILE UNDER INVESTIGATION.—Whenever a law enforcement

40 officer or correctional officer is under investigation and

41 subject to interrogation by members of his or her agency for any

42 reason that could lead to disciplinary action, suspension,

43 demotion, or dismissal, the interrogation must be conducted

44 under the following conditions:

45 (d) The law enforcement officer or correctional officer

46 under investigation must be informed of the nature of the

47 investigation and the names of all complainants and must be

48 provided with a copy of the complaint, signed by the complainant

49 under oath, before any interrogation begins, ~~and he or she must~~

50 ~~be informed of the names of all complainants.~~ However, if a

51 complaint is accompanied by corroborating evidence, the

52 complainant names and a signature are not required. All

53 identifiable witnesses shall be interviewed, whenever possible,

54 prior to the beginning of the investigative interview of the

55 accused officer. The complaint, all witness statements,

56 including all other existing subject officer statements, and all

57 other existing evidence, including, but not limited to, incident

58 reports, GPS locator information, and audio or video recordings

59 relating to the incident under investigation, must be provided

60 to each officer who is the subject of the complaint before the

61 beginning of any investigative interview of that officer. An

62 officer, after being informed of the right to review witness

63 statements, may voluntarily waive the provisions of this

64 paragraph and provide a voluntary statement at any time.

65 (4) NOTICE OF DISCIPLINARY ACTION; COPY OF AND OPPORTUNITY

66 TO ADDRESS CONTENTS OF INVESTIGATIVE FILE; CONFIDENTIALITY.—

67 (a) A dismissal, demotion, transfer, reassignment, or

68 other personnel action that might result in loss of pay or

69 benefits or that might otherwise be considered a punitive

70 measure may not be taken against any law enforcement officer or

71 correctional officer unless the law enforcement officer or

72 correctional officer is notified of the action and the reason or

73 reasons for the action and is provided with a copy of the

74 complaint, signed by the complainant under oath, unless the

75 exception in paragraph (1)(d) applies, before the effective date

76 of the action.

77 (b) Notwithstanding s. 112.533(5), whenever a law

78 enforcement officer or correctional officer is subject to

79 disciplinary action consisting of suspension with loss of pay,

80 demotion, or dismissal, the officer or the officer's

81 representative must, ~~upon request,~~ be provided with a complete

82 copy of the investigative file, including the complaint signed

83 by the complainant under oath, the final investigative report,

84 and all evidence, and with the opportunity to address the

85 findings in the report with the employing law enforcement agency

86 before imposing disciplinary action consisting of suspension

87 with loss of pay, demotion, or dismissal. The contents of the

88 complaint and investigation must remain confidential until such

89 time as the employing law enforcement agency makes a final

90 determination whether to issue a notice of disciplinary action

91 consisting of suspension with loss of pay, demotion, or

92 dismissal. This paragraph does not provide law enforcement

93 officers with a property interest or expectancy of continued

94 employment, employment, or appointment as a law enforcement

95 officer.

96 (8) RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL

97 OFFICERS AFTER AN INVESTIGATION.—The investigative file produced

98 during an investigation of a law enforcement or correctional

99 officer, which investigation does not result in the imposition

100 of disciplinary action on the officer, must be included in the

101 personnel file of such officer. An investigation of a law

102 enforcement officer or correctional officer which does not

103 result in the imposition of disciplinary action on the officer

104 does not affect the ability of such officer to receive a

105 promotion, a raise, or any other commendation.

106 Section 2. Paragraph (a) of subsection (4) of section

107 112.533, Florida Statutes, is amended to read:

108 112.533 Receipt and processing of complaints.—

109 (4)(a) Every law enforcement agency and correctional

110 agency shall establish and put into operation a system for the

111 receipt, investigation, and determination of complaints received

112 by such agency from any person, which must be the procedure for

113 investigating a complaint against a law enforcement or

114 correctional officer and for determining whether to proceed with

115 disciplinary action or to file disciplinary charges,

116 notwithstanding any other law or ordinance to the contrary. A

117 complaint against a law enforcement or correctional officer must

118 be in writing and be signed under oath as provided in s.

119 92.525(2) by the person filing the complaint, except as provided

120 in s. 112.532(1)(d). A complainant who makes a false complaint

121 is subject to the penalties in s. 92.525(3). When law

122 enforcement or correctional agency personnel assigned the

123 responsibility of investigating the complaint prepare an

124 investigative report or summary, regardless of form, the person

125 preparing the report shall, at the time the report is completed:

126 1. Verify pursuant to s. 92.525 that the contents of the

127 report are true and accurate based upon the person's personal

128 knowledge, information, and belief.

129 2. Include the following statement, sworn and subscribed

130 to pursuant to s. 92.525:

132 "I, the undersigned, do hereby swear, under penalty of perjury,

133 that, to the best of my personal knowledge, information, and

134 belief, I have not knowingly or willfully deprived, or allowed

135 another to deprive, the subject of the investigation of any of

136 the rights contained in ss. 112.532 and 112.533, Florida

137 Statutes."

139 The requirements of subparagraphs 1. and 2. must be completed

140 before the determination as to whether to proceed with

141 disciplinary action or to file disciplinary charges. This

142 subsection does not preclude the Criminal Justice Standards and

143 Training Commission from exercising its authority under chapter

144 943.

145 Section 3. This act shall take effect July 1, 2026.