Florida Statute 112.534 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

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F.S. 112.534

112.534 Failure to comply; official misconduct.—

(1) If any law enforcement agency or correctional agency, including investigators in its internal affairs or professional 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” includes 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 alleged 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 violation or continues the violation after being notified by the law enforcement officer or correctional officer, the officer shall request the agency head or his or her designee be informed of the alleged intentional violation. Once this request is made, the interview 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. All 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) Unless 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 extraordinary 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 selected 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 responsibility 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 determination; 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 determination 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 the 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 agency disciplinary action. If that investigation is sustained, the sustained allegations against the investigator shall be forwarded to the Criminal Justice Standards and Training Commission for review as an act of official misconduct or misuse of position.

(2)(a) All the provisions of s. 838.022 shall apply to this part.

(b) The provisions of chapter 120 do not apply to this part.

History.—s. 4, ch. 74-274; s. 35, ch. 77-104; s. 1, ch. 78-291; s. 4, ch. 82-156; s. 4, ch. 93-19; s. 3, ch. 2000-184; s. 8, ch. 2003-158; s. 3, ch. 2009-200; s. 5, ch. 2011-4; s. 6, ch. 2016-151.

F.S. 112.534 on Google Scholar

F.S. 112.534 on Casetext

Amendments to 112.534

Arrestable Offenses / Crimes under Fla. Stat. 112.534

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.534.

Annotations, Discussions, Cases:

Cases Citing Statute 112.534

Total Results: 20

Fraternal Order of Police, Gator, etc. v. City of Gainesville, Florida

Court: District Court of Appeal of Florida | Date Filed: 2014-09-22

Citation: 148 So. 3d 798, 2014 WL 4695131

Snippet: availability of compliance review hearings under section 112.534, Florida Statutes, 1 to review alleged intentional

Pereira v. Miami-Dade County

Court: District Court of Appeal of Florida | Date Filed: 2011-02-16

Citation: 53 So. 3d 1238, 2011 Fla. App. LEXIS 2062

Snippet: PER CURIAM. Affirmed. See § 112.534(1), Fla. Stat. (2009).

Pereira v. Miami-Dade County

Court: District Court of Appeal of Florida | Date Filed: 2011-02-16

Citation: 53 So. 3d 1238, 2011 WL 613523

Snippet: WELLS, and SUAREZ, JJ. PER CURIAM. Affirmed. See § 112.534(1), Fla. Stat. (2009).

McQuade v. Florida Department of Corrections

Court: District Court of Appeal of Florida | Date Filed: 2010-11-30

Citation: 51 So. 3d 489, 31 I.E.R. Cas. (BNA) 1009, 2010 Fla. App. LEXIS 18677, 2010 WL 4829816

Snippet: complaint, as that language was used in section 112.534, Florida Statutes (1981), *494meant its receipt

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Court: Florida Attorney General Reports | Date Filed: 2003-12-15

Snippet: Crist Attorney General 1 Sections 112.531 through 112.534, Fla. Stat. 2 See, e.g., Mesa v. Rodriguez, 357

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Court: Florida Attorney General Reports | Date Filed: 2003-09-25

Snippet: Crist Attorney General CC/tgh 1 Sections 112.531 — 112.534, Fla. Stat. 2 42 Fla. Supp. 53, 57 (17th Cir. Broward

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Court: Florida Attorney General Reports | Date Filed: 2001-08-21

Snippet: Attorney General RAB/tgh 1 Sections 112.531 through 112.534, Fla. Stat. 2 See, e.g., Mesa v. Rodriguez, 357

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Court: Florida Attorney General Reports | Date Filed: 2001-05-11

Snippet: Butterworth Attorney General RAB/tjw 1 Sections 112.531-112.534, Fla. Stat. 2 42 Fla. Supp. 53, 57 (17th Cir. Broward

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Court: Florida Attorney General Reports | Date Filed: 2001-03-13

Snippet: concluded that while nothing in sections 112.531-112.534, Florida Statutes, precluded an agency from reducing

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Court: Florida Attorney General Reports | Date Filed: 2000-11-13

Snippet: concluded that while nothing in sections 112.531-112.534, Florida Statutes, precluded an agency from reducing

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Court: Florida Attorney General Reports | Date Filed: 1997-09-19

Snippet: Attorney General RAB/tgk 1 Sections 112.531 through 112.534, Fla. Stat. 2 See, e.g., Mesa v. Rodriguez, 357

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Court: Florida Attorney General Reports | Date Filed: 1996-01-12

Snippet: Florida Marine Patrol pursuant to sections 112.532-112.534, Florida Statutes. During the course of the investigation

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Court: Florida Attorney General Reports | Date Filed: 1995-06-13

Snippet: been reduced to writing? 2. Do sections 112.531-112.534, Florida Statutes, require that the investigating

Bailey v. Board of County Com'rs

Court: District Court of Appeal of Florida | Date Filed: 1994-12-20

Citation: 659 So. 2d 295, 1994 WL 704797

Snippet: Rights. Fla. Stat. § 112.534. Defendants correctly point out that section 112.534 is the exclusive remedy

McRae v. Douglas

Court: District Court of Appeal of Florida | Date Filed: 1994-09-30

Citation: 644 So. 2d 1368, 1994 WL 531272

Snippet: Officers' Bill of Rights Count II Sections 112.531-112.534, Florida Statutes (1989), referred to as the "Police

Young v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-05-04

Citation: 638 So. 2d 532, 1994 WL 169429

Snippet: mandatory sentences. Brown v. State, 633 So.2d 112 *534 (Fla. 2d DCA 1994) (Altenbernd concurring in part

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Court: Florida Attorney General Reports | Date Filed: 1991-09-26

Snippet: of the Florida Marine Patrol under ss. 112.532-112.534, F.S. The complaint was received and is actively

Sylvester v. City of Delray Beach

Court: District Court of Appeal of Florida | Date Filed: 1991-08-21

Citation: 584 So. 2d 214, 1991 WL 158570

Snippet: solely on subsection (3). Additionally, section 112.534 provides injunctive relief to officers in cases

Kelly v. Gill

Court: District Court of Appeal of Florida | Date Filed: 1989-06-15

Citation: 544 So. 2d 1162, 1989 WL 63381

Snippet: investigators the benefits of sections 112.532 and 112.534, pursuant to section 27.255(3), would also allow

City of Miami v. Cosgrove

Court: District Court of Appeal of Florida | Date Filed: 1987-12-22

Citation: 516 So. 2d 1125, 1987 WL 3010

Snippet: (1983), is injunctive relief as provided in Section 112.534, Florida Statutes (1983), and accordingly reverse