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Florida Statute 112.533 | Lawyer Caselaw & Research
F.S. 112.533 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS
View Entire Chapter
F.S. 112.533
112.533 Receipt and processing of complaints.
(1)(a) Every law enforcement agency and correctional agency shall establish and put into operation a system for the receipt, investigation, and determination of complaints received by such agency from any person, which shall be the procedure for investigating a complaint against a law enforcement and correctional officer and for determining whether to proceed with disciplinary action or to file disciplinary charges, notwithstanding any other law or ordinance to the contrary. When law enforcement or correctional agency personnel assigned the responsibility of investigating the complaint prepare an investigative report or summary, regardless of form, the person preparing the report shall, at the time the report is completed:
1. Verify pursuant to s. 92.525 that the contents of the report are true and accurate based upon the person’s personal knowledge, information, and belief.
2. Include the following statement, sworn and subscribed to pursuant to s. 92.525:

“I, the undersigned, do hereby swear, under penalty of perjury, that, to the best of my personal knowledge, information, and belief, I have not knowingly or willfully deprived, or allowed another to deprive, the subject of the investigation of any of the rights contained in ss. 112.532 and 112.533, Florida Statutes.”

The requirements of subparagraphs 1. and 2. shall be completed prior to the determination as to whether to proceed with disciplinary action or to file disciplinary charges. This subsection does not preclude the Criminal Justice Standards and Training Commission from exercising its authority under chapter 943.

(b)1. Any political subdivision that initiates or receives a complaint against a law enforcement officer or correctional officer must within 5 business days forward the complaint to the employing agency of the officer who is the subject of the complaint for review or investigation.
2. For purposes of this paragraph, the term “political subdivision” means a separate agency or unit of local government created or established by law or ordinance and the officers thereof and includes, but is not limited to, an authority, board, branch, bureau, city, commission, consolidated government, county, department, district, institution, metropolitan government, municipality, office, officer, public corporation, town, or village.

Notwithstanding the rights and privileges provided under this part or any provisions provided in a collective bargaining agreement, the agency head or the agency head’s designee may request a sworn or certified investigator from a separate law enforcement or correctional agency to conduct the investigation when a conflict is identified with having an investigator conduct the investigation of an officer of the same employing agency; the employing agency does not have an investigator trained to conduct such investigations; or the agency’s investigator is the subject of, or a witness in, the investigation and such agency is composed of any combination of 35 or fewer law enforcement officers or correctional officers. The employing agency must document the identified conflict. Upon completion of the investigation, the investigator shall present the findings without any disciplinary recommendation to the employing agency.

(2)(a) A complaint filed against a law enforcement officer or correctional officer with a law enforcement agency or correctional agency and all information obtained pursuant to the investigation by the agency of the complaint is confidential and exempt from the provisions of s. 119.07(1) until the investigation ceases to be active, or until the agency head or the agency head’s designee provides written notice to the officer who is the subject of the complaint, either personally or by mail, that the agency has either:
1. Concluded the investigation with a finding not to proceed with disciplinary action or to file charges; or
2. Concluded the investigation with a finding to proceed with disciplinary action or to file charges.

Notwithstanding the foregoing provisions, the officer who is the subject of the complaint, along with legal counsel or any other representative of his or her choice, may review the complaint and all statements regardless of form made by the complainant and witnesses and all existing evidence, including, but not limited to, incident reports, analyses, GPS locator information, and audio or video recordings relating to the investigation, immediately before beginning the investigative interview. All statements, regardless of form, provided by a law enforcement officer or correctional officer during the course of a complaint investigation of that officer shall be made under oath pursuant to s. 92.525. Knowingly false statements given by a law enforcement officer or correctional officer under investigation may subject the law enforcement officer or correctional officer to prosecution for perjury. If a witness to a complaint is incarcerated in a correctional facility and may be under the supervision of, or have contact with, the officer under investigation, only the names and written statements of the complainant and nonincarcerated witnesses may be reviewed by the officer under investigation immediately prior to the beginning of the investigative interview.

(b) This subsection does not apply to any public record which is exempt from public disclosure pursuant to chapter 119. For the purposes of this subsection, an investigation shall be considered active as long as it is continuing with a reasonable, good faith anticipation that an administrative finding will be made in the foreseeable future. An investigation shall be presumed to be inactive if no finding is made within 45 days after the complaint is filed.
(c) Notwithstanding other provisions of this section, the complaint and information shall be available to law enforcement agencies, correctional agencies, and state attorneys in the conduct of a lawful criminal investigation.
(3) A law enforcement officer or correctional officer has the right to review his or her official personnel file at any reasonable time under the supervision of the designated records custodian. A law enforcement officer or correctional officer may attach to the file a concise statement in response to any items included in the file identified by the officer as derogatory, and copies of such items must be made available to the officer.
(4) Any person who is a participant in an internal investigation, including the complainant, the subject of the investigation and the subject’s legal counsel or a representative of his or her choice, the investigator conducting the investigation, and any witnesses in the investigation, who willfully discloses any information obtained pursuant to the agency’s investigation, including, but not limited to, the identity of the officer under investigation, the nature of the questions asked, information revealed, or documents furnished in connection with a confidential internal investigation of an agency, before such complaint, document, action, or proceeding becomes a public record as provided in this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. However, this subsection does not limit a law enforcement or correctional officer’s ability to gain access to information under paragraph (2)(a). Additionally, a sheriff, police chief, or other head of a law enforcement agency, or his or her designee, is not precluded by this section from acknowledging the existence of a complaint and the fact that an investigation is underway.
History.s. 3, ch. 74-274; s. 3, ch. 82-156; s. 1, ch. 82-405; s. 1, ch. 83-136; s. 1, ch. 87-59; s. 2, ch. 89-223; s. 1, ch. 90-32; s. 31, ch. 90-360; s. 3, ch. 93-19; s. 722, ch. 95-147; s. 39, ch. 96-406; s. 2, ch. 98-249; s. 2, ch. 2000-184; s. 2, ch. 2003-149; s. 33, ch. 2004-335; s. 42, ch. 2005-251; s. 2, ch. 2007-110; s. 1, ch. 2007-118; s. 2, ch. 2009-200; s. 4, ch. 2020-104.

F.S. 112.533 on Google Scholar

F.S. 112.533 on Casetext

Amendments to 112.533


Arrestable Offenses / Crimes under Fla. Stat. 112.533
Level: Degree
Misdemeanor/Felony: First/Second/Third

S112.533 4 - OBSTRUCT - DISCLOSE INFORMATION OF INTERNAL INVESTIGATION - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

D AGASTINO, v. CITY OF MIAMI,, 189 So. 3d 236 (Fla. Dist. Ct. App. 2016)

. . . The City of Miami’s ordinance is expressly preempted by, Florida Statute Section 112.533, enacted in . . . In 2007,' section 112.533 was further amended to require that: (l)(b)l. . . . . § 112.533(l)(b), Fla. Stat. (2007) (emphasis added). . . . As previously stated, section 112.533(l)(a) establishes “the” procedure which “shall be the procedure . . . For example, section 112.533(l)(a) dictates that agency personnel- assigned to the investigation must . . . Appellants contend, as they argued below, that section 112.533(1), Florida Statutes (2007), provides . . . He alleged that section 112.533(1) granted the police department exclusive authority to .investigate . . . Section 112.533(l)(a) provides: “Every law enforcement agency ... shall establish and put into operation . . . Section 112.533(l)(a) provides: Every law enforcement agency and correctional agency shall establish . . . The City, to the contrary, reads section 112.533(1) to apply only to employee discipline. . . .

GIRALDO, v. CITY OF HOLLYWOOD FLORIDA,, 142 F. Supp. 3d 1292 (S.D. Fla. 2015)

. . . . § 112.533(4) is an “unconstitutional abridgement of core First Amendment Rights.” . . . Stat. § 112.533(4). . . . Stat. § 112.533. . . . Fla, Stat. § 112.533(4). . . .

MIAMI- DADE COUNTY v. DADE COUNTY POLICE BENEVOLENT ASSOCIATION, a, 154 So. 3d 373 (Fla. Dist. Ct. App. 2014)

. . . Specifically, the court below found that section 112.533 of the Florida Statutes confers exclusive authority . . . Because we find that section 112.533 does not preclude an agency other than the MDPD from investigating . . . To the contrary, while section 112.533(l)(a) does require every law enforcement agency to establish a . . . Stat. (2012) (titled “Limitations period for disciplinary actions”); 112.533(l)(a), Fla. . . . And, while section 112.533(l)(b)l does require the County to forward a copy of complaints against law . . .

FRATERNAL ORDER OF POLICE, GATOR LODGE v. CITY OF GAINESVILLE,, 148 So. 3d 798 (Fla. Dist. Ct. App. 2014)

. . . The notice alleged that, in violation of sections 112.582 and 112.533, Officer A was not provided a complete . . . The notice alleged that, in violation of sections 112.582 and 112.533, Officer B was not provided a complete . . . the rights of police officers by compelling performance of the duties imposed by Sections 112.531 to 112.533 . . . Stat.; § 112.533(2) (confidentiality of complaints), (3) (right to inspect personnel file), Fla. . . . Compare § 112.533, Fla. . . .

UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA, v. WARFEL,, 82 So. 3d 47 (Fla. 2012)

. . . 1987), (which has since been repealed), section 61.075(5)(a)5, Florida Statutes (1997), and section 112.533 . . . presumption absent explicit language in the statute occurred with regard to the interpretation of section 112.533 . . . Barfield, 579 So.2d 315, 317 (Fla. 4th DCA 1991), the Fourth District interpreted section 112.533(2)( . . . shall be 'presumed to be inactive if no finding is made within ⅛5 days after the complaint is. filed. § 112.533 . . . any rationale or reasoning to support its conclusion that section 90.304 was applicable to section 112.533 . . .

McQUADE, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 51 So. 3d 489 (Fla. Dist. Ct. App. 2010)

. . . determination of complaints received by such employing agency from any person.” 415 So.2d at 64 (quoting § 112.533 . . . The court explained that sections 112.532(2) and 112.533, Florida Statutes (1981), were “to be utilized . . . rights of police officers by compelling the performance of the duties imposed by [sections 112.531 to 112.533 . . . .” § 112.533(1)(a), Fla. Stat. . . .

FRATERNAL ORDER OF POLICE, v. RUTHERFORD, a, 51 So. 3d 485 (Fla. Dist. Ct. App. 2010)

. . . appeals a final judgment determining that the confidentiality requirements in sections 112.532(4)(b) and 112.533 . . . Board’s investigations are subject to the confidentiality provisions in sections 112.532(4)(b) and 112.533 . . . Section 112.533(2)(a) provides for confidentiality during the processing of a complaint: A complaint . . . The circuit court found that the confidentiality provision in section 112.533(2)(a) applies only when . . . Stat., or when “the investigation ceases to be active,” § 112.533(2)(a), Fla. Stat. . . .

AVILA v. MIAMI- DADE COUNTY,, 29 So. 3d 401 (Fla. Dist. Ct. App. 2010)

. . . Stat. § 112.532(6)(a)(2), dealing with the tolling of the 180-day time limitation, not by § 112.533(2 . . . Second, subsection 112.533(2)(b), by its terms, “does not apply to any public record which is exempt . . . Because the investigation in this case was criminal in nature, subsection 112.533(2)(b) by its express . . . Stat. § 112.533. ACCORDINGLY, it is hereby ORDERED AND ADJUDGED that: 1. . . . Stat. § 112.533(2)(b). . . .

KING, v. STATE OF FLORIDA, G. C. M., 650 F. Supp. 2d 1157 (N.D. Fla. 2009)

. . . . § 112.533(1) directs every law enforcement agency to create a system for the “receipt, investigation . . . Stat. § 112.533(4) creates criminal liability for anyone who violates the privacy requirements of this . . .

L. DEMINGS, v. ORANGE COUNTY CITIZENS REVIEW BOARD,, 15 So. 3d 604 (Fla. Dist. Ct. App. 2009)

. . . Ch. 2007-110, Laws of Fla.; § 112.533(l)(b)l., Fla. Stat. (2008). . . . . § 112.533(l)(b)2., Fla. Stat. (2008). Legal Analysis A. . . . Plain Meaning of Section 112.533, Florida Statutes. . . . Section 112.533, as amended in 2003 and 2007, is unambiguous. . . . In fact, section 112.533 is neither cited nor discussed in Timoney. . . .

J. McDOUGALL, J. v. C. CULVER, P. A. R. W., 3 So. 3d 391 (Fla. Dist. Ct. App. 2009)

. . . Section 112.533(2)(a), Florida Statutes (2008), discusses IA investigations and states as follows: A . . .

L. MULLINS, v. DEPARTMENT OF LAW ENFORCEMENT,, 942 So. 2d 998 (Fla. Dist. Ct. App. 2006)

. . . While section 112.533(1), Florida Statutes (2003), provides that every law enforcement agency shall establish . . . Fla. 93-61 (1993) (opining that section 112.533 applies to complaint filed with employing agency by any . . .

COOPER, v. A. DILLON,, 403 F.3d 1208 (11th Cir. 2005)

. . . Stat. ch. 112.533(4). . . . Stat. ch. 112.533(4). . . . Stat ch. 112.533(4). . . . See id. at ch. 112.533(2). . . . Stat. ch. 112.533(2)(b). . . .

PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, v. NEUMANN,, 796 So. 2d 1278 (Fla. Dist. Ct. App. 2001)

. . . that its internal investigation had not concluded and, therefore, disclosure was exempted by section 112.533 . . . investigation had reached a point where disclosure was required, and the exemption provided by section 112.533 . . . With respect to complaints filed against law enforcement officers, section 112.533(2)(a) provides an . . . by the complainant and witness immediately prior to the beginning of the investigative interview. § 112.533 . . . investigation records, concluding that the use of the word “completed” met the requirements of section 112.533 . . .

DRESSLER, v. C. JENNE, II,, 87 F. Supp. 2d 1308 (S.D. Fla. 2000)

. . . agency had released Buxton’s personnel records as it was required under Florida Statutes § 119 and § 112.533 . . .

NEUMANN, s v. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION,, 763 So. 2d 1181 (Fla. Dist. Ct. App. 2000)

. . . investigation of the officer was still ongoing, and accordingly the records were confidential under section 112.533 . . . The last paragraph of the letter is “notification,” as required by section 112.533(2)(a), of the agency . . . Taken together they clearly meet the requirement of section 112.533(2)(a)2. . . . still confidential because discipline has not been determined is without merit in light of section 112.533 . . .

Z. KAMENESH, v. CITY OF MIAMI, a SIS E. B., 772 F. Supp. 583 (S.D. Fla. 1991)

. . . Florida Statutes § 112.533(2)(a). . . .

CITY OF DELRAY BEACH Lt. v. A. BARFIELD,, 579 So. 2d 315 (Fla. Dist. Ct. App. 1991)

. . . It cited section 112.533, Fla.Stat. . . . On the merits, the court read section 112.533(2)(a) to require that a written complaint be actually filed . . . And even if the section 112.533 exemption were applicable, the court held that the city had failed to . . . rebut the section 112.533(2)(b) presumption that an investigation is inactive if no finding is made . . . There is no error in the trial judge’s reading of section 112.533. . . .

STATE v. D. ROBINSON,, 565 So. 2d 730 (Fla. Dist. Ct. App. 1990)

. . . . § 112.533, Fla.Stat. (1989). . . .

STATE OF FLORIDA v. MEYER STATE OF FLORIDA v. DAVIS, 39 Fla. Supp. 2d 82 (Fla. Cir. Ct. 1990)

. . . was reasonable to believe the officer’s basis for asserting his fifth amendment privilege, Chapter 112.533 . . .

HERNANDEZ, v. R. PTOMEY, Jr., 549 So. 2d 757 (Fla. Dist. Ct. App. 1989)

. . . respond, the judge dismissed the jury and declared a mistrial, finding that the question violated section 112.533 . . . Section 112.533(2), Florida Statutes (1987), makes the disclosure of information concerning an internal . . .

C. KELLY, v. S. GILL,, 544 So. 2d 1162 (Fla. Dist. Ct. App. 1989)

. . . Section 112.533 establishes a system for the receipt and processing of outside complaints made against . . .

F. BUXTON, v. CITY OF PLANT CITY, FLORIDA, E. E., 871 F.2d 1037 (11th Cir. 1989)

. . . . § 112.533 (1987) (substantively the same as Fla.Stat. § 112.533 (1983), in effect at the time of Buxton . . . ’s signed release), provides, in pertinent part: 112.533. . . .

CITY OF MIAMI, a v. M. COSGROVE,, 516 So. 2d 1125 (Fla. Dist. Ct. App. 1987)

. . . the rights of police officers by compelling performance of the duties imposed by Sections 112.531 to 112.533 . . .

NEWS- PRESS PUBLISHING CO. INC. d b a v. E. SAPP,, 464 So. 2d 1335 (Fla. Dist. Ct. App. 1985)

. . . The subject documents are public records, pursuant to Section 112.533(2)(a) Fla.Stats. (1983)_ See, Section . . .

FORSBERG v. HOUSING AUTHORITY OF CITY OF MIAMI BEACH, 455 So. 2d 373 (Fla. 1984)

. . . . § 63.162 (adoption proceeding records): § 112.533(2) (law enforcement complaint records); § 213.053 . . .

STATE OF FLORIDA v. PETERSON GORE, 9 Fla. Supp. 2d 140 (Fla. Cty. Ct. 1984)

. . . The Defendants’ Motions to Dismiss are based on the question of whether Section 112.533(3) is unconstitutional . . . Section 112.533(3), Florida Statutes, provides for criminal sanctions against any person who willfully . . . Section 112.533(2)(a), Florida Statutes, provides that a complaint and all information is confidential . . . Section 112.533(2)(b) further provides that a finding shall be made within 60 days from the filing of . . . This Court agrees with the Attorney General’s Opinion statement as it applies to Section 112.533(6), . . .

JACKSONVILLE CONSOLIDATED LODGE v. CITY OF JACKSONVILLE v., 3 Fla. Supp. 2d 19 (Fla. Cir. Ct. 1983)

. . . addresses and telephone numbers and having further concluded that the Legislature amended Florida Statute 112.533 . . .

MIGLIORE v. CITY OF LAUDERHILL,, 415 So. 2d 62 (Fla. Dist. Ct. App. 1982)

. . . provision containing a possible explanation of the duties of the complaint review board is Section 112.533 . . . The lack of such a reference is but one additional factor that inclines us to the view that Sections 112.533 . . . the rights of police officers by compelling performance of the duties imposed by Sections 112.531 to 112.533 . . .

RAGUCCI, v. CITY OF PLANTATION, a E., 407 So. 2d 932 (Fla. Dist. Ct. App. 1981)

. . . a board in conjunction with the complaint processing and investigative system mandated by s. 3 (s. 112.533 . . .

H. MESA, v. RODRIGUEZ,, 357 So. 2d 711 (Fla. 1978)

. . . abridging .. . the right of the people . . to petition the government for a redress of grievances. . 112.533 . . .

CITY OF HALLANDALE C. v. S. INGLIMA, 346 So. 2d 84 (Fla. Dist. Ct. App. 1977)

. . . 1975): PART VI LAW ENFORCEMENT OFFICERS 112.531 Definitions. 112.532 Law enforcement officers’ rights. 112.533 . . . History. — s. 2, ch. 74-274. 112.533 Receipt and processing of complaints. — Every agency employing law . . .