The 2023 Florida Statutes (including Special Session C)
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. . . 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. . . .
. . . . § 112.533(4) is an “unconstitutional abridgement of core First Amendment Rights.” . . . Stat. § 112.533(4). . . . Stat. § 112.533. . . . Fla, Stat. § 112.533(4). . . .
. . . 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 . . .
. . . 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. . . .
. . . 1987), (which has since been repealed), section 61.075(5)(a)5, Florida Statutes (1997), and section 112.533 .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 . . .
. . . 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. . . .
. . . 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. . . .
. . . 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). . . .
. . . . § 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 . . .
. . . 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. . . .
. . . Section 112.533(2)(a), Florida Statutes (2008), discusses IA investigations and states as follows: A . . .
. . . 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 . . .
. . . 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). . . .
. . . 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 . . .
. . . agency had released Buxton’s personnel records as it was required under Florida Statutes § 119 and § 112.533 . . .
. . . 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 . . .
. . . Florida Statutes § 112.533(2)(a). . . .
. . . 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. . . .
. . . . § 112.533, Fla.Stat. (1989). . . .
. . . was reasonable to believe the officer’s basis for asserting his fifth amendment privilege, Chapter 112.533 . . .
. . . 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 . . .
. . . Section 112.533 establishes a system for the receipt and processing of outside complaints made against . . .
. . . . § 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. . . .
. . . the rights of police officers by compelling performance of the duties imposed by Sections 112.531 to 112.533 . . .
. . . The subject documents are public records, pursuant to Section 112.533(2)(a) Fla.Stats. (1983)_ See, Section . . .
. . . . § 63.162 (adoption proceeding records): § 112.533(2) (law enforcement complaint records); § 213.053 . . .
. . . 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), . . .
. . . addresses and telephone numbers and having further concluded that the Legislature amended Florida Statute 112.533 . . .
. . . 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 . . .
. . . a board in conjunction with the complaint processing and investigative system mandated by s. 3 (s. 112.533 . . .
. . . abridging .. . the right of the people . . to petition the government for a redress of grievances. . 112.533 . . .
. . . 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 . . .