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FL S0618
Bill
Status
2/9/2023
Primary Sponsor
Appropriations Committee on Criminal and Civil Justice
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AI Summary
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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
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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
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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
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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
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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