Read the full stored bill text
Florida Senate
-
2026
SB 1544
By
Senator Pizzo
37-00267A-26 20261544__
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.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 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 other
68 personnel action that might result in loss of pay or benefits or
69 that might otherwise be considered a punitive measure may not be
70 taken against any law enforcement officer or correctional
71 officer unless the law enforcement officer or correctional
72 officer is notified of the action and the reason or reasons for
73 the action
and is provided with a copy of the complaint, signed
74
by the complainant under oath, unless the exception in paragraph
75
(1)(d) applies,
before the effective date of the action.
76 (b) Notwithstanding s. 112.533(5), whenever a law
77 enforcement officer or correctional officer is subject to
78 disciplinary action consisting of suspension with loss of pay,
79 demotion, or dismissal, the officer or the officer’s
80 representative must
, upon request,
be provided with a complete
81 copy of the investigative file, including the
complaint signed
82
by the complainant under oath, the
final investigative report
,
83 and all evidence, and with the opportunity to address the
84 findings in the report with the employing law enforcement agency
85 before imposing disciplinary action consisting of suspension
86 with loss of pay, demotion, or dismissal. The contents of the
87 complaint and investigation must remain confidential until such
88 time as the employing law enforcement agency makes a final
89 determination whether to issue a notice of disciplinary action
90 consisting of suspension with loss of pay, demotion, or
91 dismissal. This paragraph does not provide law enforcement
92 officers with a property interest or expectancy of continued
93 employment, employment, or appointment as a law enforcement
94 officer.
95
(8)
RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL
96
OFFICERS AFTER AN INVESTIGATION.—The investigative file produced
97
during an investigation of a law enforcement or correctional
98
officer, which investigation does not result in the imposition
99
of disciplinary action on the officer, must be included in the
100
personnel file of such officer. An investigation of a law
101
enforcement officer or correctional officer which does not
102
result in the imposition of disciplinary action on the officer
103
does not affect the ability of such officer to receive a
104
promotion, a raise, or any other commendation.
105 Section 2. Paragraph (a) of subsection (4) of section
106 112.533, Florida Statutes, is amended to read:
107 112.533 Receipt and processing of complaints.—
108 (4)(a) Every law enforcement agency and correctional agency
109 shall establish and put into operation a system for the receipt,
110 investigation, and determination of complaints received by such
111 agency from any person, which must be the procedure for
112 investigating a complaint against a law enforcement or
113 correctional officer and for determining whether to proceed with
114 disciplinary action or to file disciplinary charges,
115 notwithstanding any other law or ordinance to the contrary.
A
116
complaint against a law enforcement or correctional officer must
117
be in writing and be signed under oath as provided in s.
118
92.525(2) by the person filing the complaint, except as provided
119
in s. 112.532(1)(d). A complainant who makes a false complaint
120
is subject to the penalties in s. 92.525(3).
When law
121 enforcement or correctional agency personnel assigned the
122 responsibility of investigating the complaint prepare an
123 investigative report or summary, regardless of form, the person
124 preparing the report shall, at the time the report is completed:
125 1. Verify pursuant to s. 92.525 that the contents of the
126 report are true and accurate based upon the person’s personal
127 knowledge, information, and belief.
128 2. Include the following statement, sworn and subscribed to
129 pursuant to s. 92.525:
130
131 “I, the undersigned, do hereby swear, under penalty of perjury,
132 that, to the best of my personal knowledge, information, and
133 belief, I have not knowingly or willfully deprived, or allowed
134 another to deprive, the subject of the investigation of any of
135 the rights contained in ss. 112.532 and 112.533, Florida
136 Statutes.”
137
138 The requirements of subparagraphs 1. and 2. must be completed
139 before the determination as to whether to proceed with
140 disciplinary action or to file disciplinary charges. This
141 subsection does not preclude the Criminal Justice Standards and
142 Training Commission from exercising its authority under chapter
143 943.
144 Section 3. This act shall take effect July 1, 2026.