Tom Fabricio measure would keep some complaints against law enforcement, correction officers confidential

Law enforcement officers and correctional officers could have certain complaints lodged against them kept off their records if a new bill filed Thursday passes.

Miami Lakes Republican Rep. Tom Fabricio’s measure (HB 317) would exempt records of any investigations made into complaints against a law enforcement officer or a correctional officer from their personnel file under certain conditions.

Complaints filed against officers would be required to be given under oath and submitted in writing, and if an officer is subject to an interrogation that could lead to disciplinary action, then all information related to the investigation would have to be given to the officer or their representative before any interrogation into the allegations could begin, according to the bill.

That would include the names of the person or persons who filed the complaint, all witness statements, and any supporting evidence such as incident reports, GPS locator information, and video and audio recordings.

Florida statute currently states, “all information obtained pursuant to the investigation by the agency of the complaint is confidential,” and is exempt from public record until the investigation “ceases to be active” or until the agency decides whether to file charges against the officer.

The measure would amend that statute, adding that the officer be “provided a copy of the complaint signed by the complainant under oath before the effective date of the action.”

Current law already allows officers facing disciplinary action the right to address the findings with their respective agency heads before any disciplinary action can be imposed.

However, the new measure would allow such records to be left out of an officer’s personnel file if the investigation into their conduct did not end in disciplinary action. Furthermore, the existence of the investigation would not affect an officer’s ability to be promoted, get a pay raise, or receive a commendation.

Under the bill, the contents of both the complaint and the investigation would remain confidential until a final determination is made by investigators. The bill does not guarantee continued employment for officers under investigation.

The bill would further protect law enforcement and correctional officers protections by establishing penalties against those who make false complaints. Under the bill, someone found guilty of filing a false complaint could be charged with a third-degree felony, punishable by up to five years in prison.

If passed, the bill would become law on July 1.