Florida Senate - 2025 SB 516 By Senator Collins 14-00414B-25 2025516__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. 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 that a copy of a complaint, signed by the 4 complainant under oath, be provided to law enforcement 5 officers and correctional officers who are under 6 investigation; prohibiting certain personnel actions 7 from being taken against a law enforcement officer or 8 correctional officer unless such officer receives a 9 copy of the complaint signed by the complainant under 10 oath; prohibiting the investigative file of certain 11 investigations of law enforcement officers or 12 correctional officers from being included in such 13 officer’s personnel file; prohibiting the existence of 14 certain investigations from affecting an officer’s 15 ability to receive a promotion, a raise, or any other 16 commendation; amending s. 112.533, F.S.; requiring a 17 complaint against a law enforcement officer or 18 correctional officer to be in writing and signed under 19 oath by the person filing the complaint; providing 20 penalties for making a false complaint; providing an 21 effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25

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

Florida Senate - 2025 SB 516 14-00414B-25 2025516__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. officers’ rights.—All law enforcement officers and correctional 30 officers employed by or appointed 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 interrogation 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 statements, including all other 49 existing subject officer statements, and all other existing 50 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 provided 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 paragraph and 57 provide a voluntary statement at any time. 58

Florida Senate - 2025 SB 516 14-00414B-25 2025516__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions.

(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 other 61 personnel action that might result in loss of pay or benefits or 62 that might otherwise be considered a punitive measure may not be 63 taken against any law enforcement officer or correctional 64 officer unless the law enforcement officer or correctional 65 officer is notified of the action and the reason or reasons for 66 the action and he or she is provided a copy of the complaint 67 signed by the complainant under oath before the effective date 68 of the action. 69 (

b) Notwithstanding s. 112.533(5), whenever a law 70 enforcement officer or correctional 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 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 suspension 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

Florida Senate - 2025 SB 516 14-00414B-25 2025516__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. 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 the imposition of disciplinary action on the 92 officer may not be included in the personnel file of such 93 officer. Such investigation may not affect the ability of such 94 officer to receive a promotion, a raise, or any other 95 commendation. 96

Section 2. Paragraph (

a) of subsection (4) of

section 97 112.533, Florida Statutes, is amended to read: 98 112.533 Receipt and processing of complaints.— 99 (4)(

a) Every law enforcement agency and correctional agency 100 shall establish and put into operation a system for the receipt, 101 investigation, and determination of complaints received by such 102 agency from any person, which must be the procedure for 103 investigating a complaint against a law enforcement or 104 correctional officer and for determining whether to proceed with 105 disciplinary action or to file disciplinary charges, 106 notwithstanding any other law or ordinance to the contrary.

A 107 complaint against a law enforcement or correctional officer must 108 be in writing and signed under oath as provided in s. 92.525(2) 109 by the person filing the complaint. A complainant who makes a 110 false complaint is subject to the penalties in s. 92.525(3). 111 When law enforcement or correctional agency personnel assigned 112 the responsibility of investigating the complaint prepare an 113 investigative report or

summary, regardless of form, the person 114 preparing the report shall, at the time the report is completed: 115 1. Verify pursuant to s. 92.525 that the contents of the 116

Florida Senate - 2025 SB 516 14-00414B-25 2025516__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. report are true and accurate based upon the person’s personal 117 knowledge, information, and belief. 118 2.

Include the following statement, sworn and subscribed to 119 pursuant to s. 92.525: 120 “I, the undersigned, do hereby swear, under penalty of perjury, 121 that, to the best of my personal knowledge, information, and 122 belief, I have not knowingly or willfully deprived, or allowed 123 another to deprive, the subject of the investigation of any of 124 the rights contained in ss. 112.532 and 112.533, Florida 125 Statutes.” 126 127 The requirements of subparagraphs 1. and 2. must be completed 128 before the determination as to whether to proceed with 129 disciplinary action or to file disciplinary charges.

This 130 subsection does not preclude the Criminal Justice Standards and 131 Training Commission from exercising its authority under

chapter 132 943. 133

Section 3. This act shall take effect July 1, 2025. 134