OFF THE WIRE
Law Enforcement Officers’ Bill of Rights
Sections 112.532
-
534,
F.S.
112.532
Law enforcement officers' and correctional officers' rights.
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All law enforcement officers and correctional officers employed by or appointed to a law enforcement
agency or a correctional agency shall have the following rights and privileges:
(1)
RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL OFFICERS WHILE UN
DER
INVESTIGATION.
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Whenever a law enforcement officer or correctional officer is under investigation and
subject to interrogation by members of his or her agency for any reason that could lead to disciplinary
action, suspension, demotion, or dismissal, th
e interrogation must be conducted under the following
conditions:
(a)
The interrogation shall be conducted at a reasonable hour, preferably at a time when the law
enforcement officer or correctional officer is on duty, unless the seriousness of the inves
tigation is of
such a degree that immediate action is required.
(b)
The interrogation shall take place either at the office of the command of the investigating officer or
at the office of the local precinct, police unit, or correctional unit in which the
incident allegedly
occurred, as designated by the investigating officer or agency.
(c)
The law enforcement officer or correctional officer under investigation shall be informed of the rank,
name, and command of the officer in charge of the investigation
, the interrogating officer, and all
persons present during the interrogation. All questions directed to the officer under interrogation shall
be asked by or through one interrogator during any one investigative interrogation, unless specifically
waived by
the officer under investigation.
(d)
The law enforcement officer or correctional officer under investigation must be informed of the
nature of the investigation before any interrogation begins, and he or she must be informed of the
names of all complain
ants. All identifiable witnesses shall be interviewed, whenever possible, prior to
the beginning of the investigative interview of the accused officer. The complaint, all witness
statements, including all other existing subject officer statements, and all
other existing evidence,
including, but not limited to, incident reports, GPS locator information, and audio or video recordings
relating to the incident under investigation, must be provided to each officer who is the subject of the
complaint before the b
eginning of any investigative interview of that officer. An officer, after being
informed of the right to review witness statements, may voluntarily waive the provisions of this
paragraph and provide a voluntary statement at any time.
(e)
Interrogating s
essions shall be for reasonable periods and shall be timed to allow for such personal
necessities and rest periods as are reasonably necessary.
(f)
The law enforcement officer or correctional officer under interrogation may not be subjected to
offensive
language or be threatened with transfer, dismissal, or disciplinary action. A promise or reward
may not be made as an inducement to answer any questions.
(g)
The formal interrogation of a law enforcement officer or correctional officer, including all rec
ess
periods, must be recorded on audio tape, or otherwise preserved in such a manner as to allow a
transcript to be prepared, and there shall be no unrecorded questions or statements. Upon the request
of the interrogated officer, a copy of any recording of
the interrogation session must be made available
to the interrogated officer no later than 72 hours, excluding holidays and weekends, following said
interrogation.
(h)
If the law enforcement officer or correctional officer under interrogation is under a
rrest, or is likely
to be placed under arrest as a result of the interrogation, he or she shall be completely informed of all
his or her rights before commencing the interrogation.
(i)
At the request of any law enforcement officer or correctional officer
under investigation, he or she
has the right to be represented by counsel or any other representative of his or her choice, who shall be
present at all times during the interrogation whenever the interrogation relates to the officer's
continued fitness fo
r law enforcement or correctional service.
(j)
Notwithstanding the rights and privileges provided by this part, this part does not limit the right of an
agency to discipline or to pursue criminal charges against an officer.
(2)
COMPLAINT REVIEW BOARDS.
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A complaint review board shall be composed of three members: One
member selected by the chief administrator of the agency or unit; one member selected by the
aggrieved officer; and a third member to be selected by the other two members. Agencies or units
having more than 100 law enforcement officers or correctional officers shall utilize a five
-
member
board, with two members being selected by the administrator, two members being selected by the
aggrieved officer, and the fifth member being selected by the
other four members. The board members
shall be law enforcement officers or correctional officers selected from any state, county, or municipal
agency within the county. There shall be a board for law enforcement officers and a board for
correctional offic
ers whose members shall be from the same discipline as the aggrieved officer. The
provisions of this subsection shall not apply to sheriffs or deputy sheriffs.
(3)
CIVIL SUITS BROUGHT BY LAW ENFORCEMENT OFFICERS OR CORRECTIONAL OFFICERS.
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Every law
enfor
cement officer or correctional officer shall have the right to bring civil suit against any person,
group of persons, or organization or corporation, or the head of such organization or corporation, for
damages, either pecuniary or otherwise, suffered duri
ng the performance of the officer's official duties,
for abridgment of the officer's civil rights arising out of the officer's performance of official duties, or for
filing a complaint against the officer which the person knew was false when it was filed.
This section
does not establish a separate civil action against the officer's employing law enforcement agency for the
investigation and processing of a complaint filed under this part.
(4)(a)
NOTICE OF DISCIPLINARY ACTION.
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A dismissal, demotion, transf
er, reassignment, or other
personnel action that might result in loss of pay or benefits or that might otherwise be considered a
punitive measure may not be taken against any law enforcement officer or correctional officer unless
the law enforcement office
r or correctional officer is notified of the action and the reason or reasons for
the action before the effective date of the action.
(b)
Notwithstanding s. 112.533(2), whenever a law enforcement officer or correctional officer is subject
to disciplinary
action consisting of suspension with loss of pay, demotion, or dismissal, the officer or the
officer's representative shall, upon request, be provided with a complete copy of the investigative file,
including the final investigative report and all evidenc
e, and with the opportunity to address the findings
in the report with the employing law enforcement agency before imposing disciplinary action consisting
of suspension with loss of pay, demotion, or dismissal. The contents of the complaint and investigati
on
shall remain confidential until such time as the employing law enforcement agency makes a final
determination whether or not to issue a notice of disciplinary action consisting of suspension with loss
of pay, demotion, or dismissal. This paragraph does
not provide law enforcement officers with a
property interest or expectancy of continued employment, employment, or appointment as a law
enforcement officer.
(5)
RETALIATION FOR EXERCISING RIGHTS.
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No law enforcement officer or correctional officer shall
be
discharged; disciplined; demoted; denied promotion, transfer, or reassignment; or otherwise
discriminated against in regard to his or her employment or appointment, or be threatened with any
such treatment, by reason of his or her exercise of the right
s granted by this part.
(6)
LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.
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(a)
Except as provided in this subsection, disciplinary action, suspension, demotion, or dismissal may
not be undertaken by an agency against a law enforcement officer or correc
tional officer for any act,
omission, or other allegation of misconduct if the investigation of the allegation is not completed within
180 days after the date the agency receives notice of the allegation by a person authorized by the
agency to initiate an
investigation of the misconduct. If the agency determines that disciplinary action is
appropriate, it shall complete its investigation and give notice in writing to the law enforcement officer
or correctional officer of its intent to proceed with disciplin
ary action, along with a proposal of the
specific action sought, including length of suspension, if applicable. Notice to the officer must be
provided within 180 days after the date the agency received notice of the alleged misconduct, except as
follows:
1.
The running of the limitations period may be tolled for a period specified in a written waiver of the
limitation by the law enforcement officer or correctional officer.
2.
The running of the limitations period is tolled during the time that any crimi
nal investigation or
prosecution is pending in connection with the act, omission, or other allegation of misconduct.
3.
If the investigation involves an officer who is incapacitated or otherwise unavailable, the running of
the limitations period is tolle
d during the period of incapacitation or unavailability.
4.n a multijurisdictional investigation, the limitations period may be extended for a period of time reasonably necessary to facilitate the coordination of the agencies involved.5. THe running of the limitations period may be tolled for emergencies or natural disasters during the time period wherein the Governor has declared a state of emergency within the jurisdictional
boundaries of the concerned agency.
6.
The running of the limitations pe
riod is tolled during the time that the officer's compliance hearing
proceeding is continuing beginning with the filing of the notice of violation and a request for a hearing
and ending with the written determination of the compliance review panel or upon
the violation being
remedied by the agency.
(b)
An investigation against a law enforcement officer or correctional officer may be reopened,
notwithstanding the limitations period for commencing disciplinary action, demotion, or dismissal, if:
1.
Significant new evidence has been discovered that is likely to affect the outcome of the investigation.
2.
The evidence could not have reasonably been discovered in the normal course of investigation or the
evidence resulted from the predisciplinary
response of the officer.
Any disciplinary action resulting from an investigation that is reopened pursuant to this paragraph must
be completed within 90 days after the date the investigation is reopened.
History.
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s. 2, ch. 74
-
274; s. 2, ch. 82
-
156; s.
2, ch. 93
-
19; s. 721, ch. 95
-
147; s. 1, ch. 98
-
249; s. 1, ch.
2000
-
184; s. 1, ch. 2003
-
149; s. 3, ch. 2005
-
100; s. 1, ch. 2007
-
110; s. 1, ch. 2009
-
200.
112.533
Receipt and processing of complaints.
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(1)(a)
Every law enforcement agency and correctional
agency shall establish and put into operation a
system for the receipt, investigation, and determination of complaints received by such agency from any
person, which shall be the procedure for investigating a complaint against a law enforcement and
correc
tional officer and for determining whether to proceed with disciplinary action or to file disciplinary
charges, notwithstanding any other law or ordinance to the contrary. When law enforcement or
correctional agency personnel assigned the responsibility of
investigating the complaint prepare an
investigative report or summary, regardless of form, the person preparing the report shall, at the time
the report is completed:
1.
Verify pursuant to s. 92.525 that the contents of the report are true and accurate
based upon the
person's personal knowledge, information, and belief.
2.
Include the following statement, sworn and subscribed to pursuant to s. 92.525:
"I, the undersigned, do hereby swear, under penalty of perjury, that, to the best of my personal
k
nowledge, information, and belief, I have not knowingly or willfully deprived, or allowed another to
deprive, the subject of the investigation of any of the rights contained in ss. 112.532 and 112.533,
Florida Statutes."
The requirements of subparagraphs
1. and 2. shall be completed prior to the determination as to
whether to proceed with disciplinary action or to file disciplinary charges. This subsection does not
preclude the Criminal Justice Standards and Training Commission from exercising its authori
ty under
chapter 943.
(b)1.
Any political subdivision that initiates or receives a complaint against a law enforcement officer or
correctional officer must within 5 business days forward the complaint to the employing agency of the
officer who is the sub
ject of the complaint for review or investigation.
2.
For purposes of this paragraph, the term "political subdivision" means a separate agency or unit of
local government created or established by law or ordinance and the officers thereof and includes, b
ut is
not limited to, an authority, board, branch, bureau, city, commission, consolidated government, county,
department, district, institution, metropolitan government, municipality, office, officer, public
corporation, town, or village.
(2)(a)
A compla
int filed against a law enforcement officer or correctional officer with a law enforcement
agency or correctional agency and all information obtained pursuant to the investigation by the agency
of the complaint is confidential and exempt from the provision
s of s. 119.07(1) until the investigation
ceases to be active, or until the agency head or the agency head's designee provides written notice to
the officer who is the subject of the complaint, either personally or by mail, that the agency has either:
1.
Concluded the investigation with a finding not to proceed with disciplinary action or to file charges;
or
2.
Concluded the investigation with a finding to proceed with disciplinary action or to file charges.
Notwithstanding the foregoing provisions, t
he officer who is the subject of the complaint, along with
legal counsel or any other representative of his or her choice, may review the complaint and all
statements regardless of form made by the complainant and witnesses and all existing evidence,
inclu
ding, but not limited to, incident reports, analyses, GPS locator information, and audio or video
recordings relating to the investigation, immediately before beginning the investigative interview. All
statements, regardless of form, provided by a law enfo
rcement officer or correctional officer during the
course of a complaint investigation of that officer shall be made under oath pursuant to s. 92.525.
Knowingly false statements given by a law enforcement officer or correctional officer under
investigation
may subject the law enforcement officer or correctional officer to prosecution for perjury.
If a witness to a complaint is incarcerated in a correctional facility and may be under the supervision of,
or have contact with, the officer under investigation,
only the names and written statements of the
complainant and nonincarcerated witnesses may be reviewed by the officer under investigation
immediately prior to the beginning of the investigative interview.
(b)
This subsection does not apply to any public
record which is exempt from public disclosure pursuant
to chapter 119. For the purposes of this subsection, an investigation shall be considered active as long as
it is continuing with a reasonable, good faith anticipation that an administrative finding wi
ll be made in
the foreseeable future. An investigation shall be presumed to be inactive if no finding is made within 45
days after the complaint is filed.
(c)
Notwithstanding other provisions of this section, the complaint and information shall be availa
ble to
law enforcement agencies, correctional agencies, and state attorneys in the conduct of a lawful criminal
investigation.
(3)
A law enforcement officer or correctional officer has the right to review his or her official personnel
file at any reasona
ble time under the supervision of the designated records custodian. A law
enforcement officer or correctional officer may attach to the file a concise statement in response to any
items included in the file identified by the officer as derogatory, and copi
es of such items must be made
available to the officer.
(4)
Any person who is a participant in an internal investigation, including the complainant, the subject of
the investigation and the subject's legal counsel or a representative of his or her choice
, the investigator
conducting the investigation, and any witnesses in the investigation, who willfully discloses any
information obtained pursuant to the agency's investigation, including, but not limited to, the identity of
the officer under investigation
, the nature of the questions asked, information revealed, or documents
furnished in connection with a confidential internal investigation of an agency, before such complaint,
document, action, or proceeding becomes a public record as provided in this sect
ion commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. However, this
subsection does not limit a law enforcement or correctional officer's ability to gain access to information
under paragraph (2)(a). Additionall
y, a sheriff, police chief, or other head of a law enforcement agency,
or his or her designee, is not precluded by this section from acknowledging the existence of a complaint
and the fact that an investigation is underway.
History.
--
s. 3, ch. 74
-
274; s.
3, ch. 82
-
156; s. 1, ch. 82
-
405; s. 1, ch. 83
-
136; s. 1, ch. 87
-
59; s. 2, ch. 89
-
223; s. 1, ch. 90
-
32; s. 31, ch. 90
-
360; s. 3, ch. 93
-
19; s. 722, ch. 95
-
147; s. 39, ch. 96
-
406; s. 2, ch. 98
-
249;
s. 2, ch. 2000
-
184; s. 2, ch. 2003
-
149; s. 33, ch. 2004
-
335;
s. 42, ch. 2005
-
251; s. 2, ch. 2007
-
110; s. 1, ch.
2007
-
118; s. 2, ch. 2009
-
200.
112.534
Failure to comply; official misconduct.
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(1)
If any law enforcement agency or correctional agency, including investigators in its internal affairs or
professiona
l standards division, or an assigned investigating supervisor, intentionally fails to comply with
the requirements of this part, the following procedures apply. For purposes of this section, the term
"law enforcement officer" or "correctional officer" incl
udes the officer's representative or legal counsel,
except in application of paragraph (d).
(a)
The law enforcement officer or correctional officer shall advise the investigator of the intentional
violation of the requirements of this part which is alleg
ed to have occurred. The officer's notice of
violation is sufficient to notify the investigator of the requirements of this part which are alleged to have
been violated and the factual basis of each violation.
(b)
If the investigator fails to cure the vi
olation or continues the violation after being notified by the law
enforcement officer or correctional officer, the officer shall request the agency head or his designee be
informed of the alleged intentional violation. Once this request is made, the inter
view of the officer shall
cease, and the officer's refusal to respond to further investigative questions does not constitute
insubordination or any similar type of policy violation.
(c)
Thereafter, within 3 working days, a written notice of violation and
request for a compliance review
hearing shall be filed with the agency head or designee which must contain sufficient information to
identify the requirements of this part which are alleged to have been violated and the factual basis of
each violation. Al
l evidence related to the investigation must be preserved for review and presentation
at the compliance review hearing. For purposes of confidentiality, the compliance review panel hearing
shall be considered part of the original investigation.
(d)
Unles
s otherwise remedied by the agency before the hearing, a compliance review hearing must be
conducted within 10 working days after the request for a compliance review hearing is filed, unless, by
mutual agreement of the officer and agency or for extraordina
ry reasons, an alternate date is chosen.
The panel shall review the circumstances and facts surrounding the alleged intentional violation. The
compliance review panel shall be made up of three members: one member selected by the agency head,
one member sel
ected by the officer filing the request, and a third member to be selected by the other
two members. The review panel members shall be law enforcement officers or correctional officers who
are active from the same law enforcement discipline as the officer
requesting the hearing. Panel
members may be selected from any state, county, or municipal agency within the county in which the
officer works. The compliance review hearing shall be conducted in the county in which the officer
works.
(e)
It is the respo
nsibility of the compliance review panel to determine whether or not the investigator
or agency intentionally violated the requirements provided under this part. It may hear evidence, review
relevant documents, and hear argument before making such a determ
ination; however, all evidence
received shall be strictly limited to the allegation under consideration and may not be related to the
disciplinary charges pending against the officer. The investigative materials are considered confidential
for purposes of
the compliance review hearing and determination.
(f)
The officer bears the burden of proof to establish that the violation of this part was intentional. The
standard of proof for such a determination is by a preponderance of the evidence. The determinati
on of
the panel must be made at the conclusion of the hearing, in writing, and filed with the agency head and
the officer.
(g)
If the alleged violation is sustained as intentional by the compliance review panel, the agency head
shall immediately remove t
he investigator from any further involvement with the investigation of the
officer. Additionally, the agency head shall direct an investigation be initiated against the investigator
determined to have intentionally violated the requirements provided under
this part for purposes of
