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FL S0618

Bill

Status

Introduced

2/9/2023

Primary Sponsor

Appropriations Committee on Criminal and Civil Justice

Click for details

Origin

Senate

2023 Regular Session

AI Summary

  • Defines "Brady identification system" as any list maintained by a prosecuting agency identifying law enforcement or correctional officers about whom the agency possesses impeachment evidence, and establishes that prosecuting agencies are not required to maintain such a system

  • Prohibits law enforcement or correctional officers from being discharged, suspended, demoted, or otherwise disciplined solely because a prosecuting agency added their name to a Brady identification system, though discipline based on the underlying conduct that led to inclusion is still permitted

  • Requires employing agencies to forward all sustained and finalized internal affairs complaints relevant to witness impeachment statutes (ss. 90.608, 90.609, 90.610) to the prosecuting agency in their circuit and to notify the affected officer

  • Mandates that prosecuting agencies maintaining a Brady identification system adopt written policies ensuring officers receive written notice before or when their name is added and have the right to request reconsideration with supporting documents; if reconsideration is successful, the agency must remove the officer and notify all parties in any pending criminal cases

  • Allows officers to petition a court for a writ of mandamus if a prosecuting agency fails to comply with the procedural requirements, though judicial review is limited to procedural compliance and may not examine the underlying evidence or merits of inclusion; effective date is July 1, 2023

Legislative Description

Rights of Law Enforcement Officers and Correctional Officers

Last Action

Laid on Table, companion bill(s) passed, see CS/HB 95 (Ch. 2023-230)

4/27/2023

Committee Referrals

Fiscal Policy4/14/2023
Appropriations Subcommittee on Criminal and Civil Justice3/22/2023

Full Bill Text

No bill text available