Bill aiming to prevent false reports against law enforcement ready for House floor

The House Judiciary Committee has passed a measure 16-4 that would require complaints made against law enforcement officers to be signed under oath before an officer can be interrogated or disciplined.

Miami Lakes Republican Rep. Tom Fabricio presented the bill (HB 317) and explained that it would strengthen protection for both law enforcement and correctional officers by preventing anonymous complaints being made.

“It requires all complaints to be in writing and signed under oath preventing anonymous accusations when a police officer is being interrogated,” Fabricio said. “Officers must receive a copy of the complaint and supporting evidence before any interrogation or disciplinary action.”

Fabricio explained that if an investigation results in no discipline, it cannot be included in the officer’s personnel file or used to deny promotions or commendation.

“This is a good bill. It supports police officers and corrections officers, the folks who actually respond to the 911 calls, the folks who do the work,” Fabricio said. “This is, unfortunately, a contested bill, and you will likely hear some opposing opinions today.”

Fabricio said similar policies have already been implemented throughout the state, and noted that the policy has been implemented in Texas and “seems to be working fine.”

Similar provisions apply to complaints against elected officials, according to Fabricio, who noted that such complaints need to be in writing and signed and provided to the elected officials to prevent frivolous, false complaints.

Orlando Democratic LaVon Bracy Davis said that in 2024 the Legislature severely limited the ability of civilian review boards to have an opinion on officer misconduct. Bracy Davis added the measure removed an important layer of community oversight.

“How does the sponsor expect law enforcement agencies to identify and address patterns of misconduct before they escalate, and prevent bad actors from putting both civilians and fellow officers in harm’s way?” Bracy Davis asked.

Fabricio said the bill doesn’t impact anything that happens within the internal affairs organization or the police agency.

“The bill does not stop an anonymous complaint to be taken,” Fabricio said. “It just says that when the interrogation is in place, that they need to have a sworn statement at that time to be provided for the officer, because the officer deserves the right to know who’s complaining against them.”

Bracy Davis asked what the justification was for ignoring the professional judgment of Florida’s top law enforcement leaders, who believe the bill would weaken internal accountability. In response, Fabricio said he had spoken to Police Chiefs in his part of the state who support the bill.

“This policy has been implemented in police agencies throughout the state, and it’s working just fine. It’s not the end-of-the-world scenario like it’s being suggested,” Fabricio said. “I’ll ask that everyone keep in mind what the bill actually does. And what the bill does is that it requires that at the interrogation that statement be provided so the police officer knows what’s going on.”

Fabricio said it does not prevent an investigation into misconduct.

Bracy Davis then asked what safeguards are in place to protect whistleblowers.

“That’s really my concern,” Bracy Davis said. “What safeguards are in place to protect whistleblowers or internal officers who wish to report misconduct anonymously or confidentially?”

Fabricio repeated that there isn’t any language in the bill that prevents investigations and argued the bill would protect law enforcement officers from false allegations and accusations.

Davie Democratic Rep. Mike Gottlieb said he and fellow lawmakers all support law enforcement officers, but added that he has concerns about not allowing anonymous complaints.

“I want to see if there’s any potential guardrail for that, for somebody that’s in the care, custody and control of law enforcement, who wants to complain about law enforcement and is concerned about retribution,” Gottlieb said.

“There is nothing in the language of the bill,” Fabricio responded. “But I ask you to show me where in the bill, the actual language of the bill, it says an anonymous complaint cannot be taken.”

Gottlieb said in response that the only way someone would be able to file a complaint would be if they sign their complaint under oath, which can’t be done anonymously.

Fabricio clarified that an anonymous complaint can be taken, but before any interrogation of a police officer begins, there must be a signed complaint.

Coral Springs Democratic Rep. Dan Daley said he shared some of the same concerns his colleagues had raised, but said he would be supporting the bill and hopes there will be additional language added to clear up any confusion.

“I appreciate our conversation yesterday,” Daley said. “I understand your intent. I understand where you’re going, and I have committed to vote up on the bill today. So, I will do so, but I do share a lot of the concerns that have been raised by some of my colleagues.”

Doral Republican Rep. David Borrero, also supported the bill and signed on as a cosponsor, noting that it is a constitutional right to know what accusers have said.

“When I think of what this bill aims to do, I’m reminded of a very important part of our Constitution,” Borrero said. “It says that in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him.”

Borrero added that a person could have a personal grudge against a police officer and decide to submit a baseless claim against them.

“What if he accused him of breaking the law? Or what if he accused him of doing something that was untrue? Think about that for one second,” Borrero said. “It could be a city Mayor who, for some reason, doesn’t like that police officer’s political party affiliation, or maybe that police officer wasn’t on board with campaigning.”

Borrero said he is also reminded of the fact that the Fraternal Order of Police and the Police Benevolent Association, who represent the voices of thousands of police officers throughout the state, support the legislation.

“Those are the police officers who are asking for us to pass this bill. So, for that reason, I’m up on this bill and I’ll be co-sponsoring it,” Borrero said.

Gottlieb noted that he has historically always supported law enforcement but added there is also a duty to constituents.

“So, members, I think things got perhaps a little heated, and maybe we lost a little context here today,” Gottlieb said. “I think it’s important to understand that when we come here and we see a bill like this, this bill is not just about law enforcement. This bill is about the citizenry as well.”

“There’s got to be a way that somebody can lodge a complaint that is a valid complaint, and have it heard,” Gottlieb continued. “I have a legitimate concern here, and I’d like to be able to vote up on it on the floor, because I do think that it is a needed bill to protect law enforcement officers, many of which are my friends.”

Hollywood Republican Rep. Hillary Cassel said she was also going to support the bill but said the bill has ambiguity.

“What I’ve heard today is we clearly have an ambiguity, and you and I both know what happens in a court of law when we have an ambiguity in the law,” Cassel said. “It creates confusion, and it creates discourse.”