Bill that would prevent anonymous complaints against law enforcement approved by Florida House
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A proposal to require any complaint against a law enforcement officer to be signed by the person filing the complaint — thus lifting their anonymity — was approved by the Florida House Thursday, but its chances of becoming law are moot as its Senate companion has never received a committee hearing.
The bill (HB 317), sponsored by Miami-Dade Republican Tom Fabricio, has bitterly divided law enforcement in Florida. The Florida Sheriffs Association and the Florida Police Chiefs Association have both came out in opposition to the bill. But the Florida Fraternal Order of Police and Florida Police Benevolent Association support it.
In committee meetings and again on the House floor on Thursday, Fabricio emphasized that his bill does not preclude individuals from making an anonymous complaint. However, the bill says that before any interrogations of the accused officer are to commence, that officer must be informed about the identity of the individual making the complaint.
Several House Democrats expressed concerns about the legislation.
'This bill builds walls around misconduct and discourages good officers and community members from speaking up,' said Broward County Rep. Daryl Campbell. 'Under this bill, no officer can be investigated unless they receive a copy of a signed, sworn complaint. That sounds reasonable, until you remember how rare it is for whistleblowers, whether it's civilians or fellow officers, to feel safe on the record, especially when it's about someone within their own department.'
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Orlando Democratic Rep. LaVon Bracy Davis said, 'False accusations are serious, but so is unchecked power.'
'This bill doesn't protect justice, it protects silence,' she continued, adding that the Legislature last year passed measures severely restricting civilian review boards and enabling police, firefighters, and and paramedics to establish 25-foot no-go-zones around themselves while working.
'The Florida Police Chiefs Association and the Sheriffs Association both oppose this bill — that should tell us something,' said Bracy Davis. 'I don't just legislate for Tallahassee, I legislate through the lens of my district, a district representing all people, inclusive of of black, brown, and yes, blue lives. Let me clear: I back the blue, wholeheartedly, but I also back the Black and the brown.'
But Hillsborough County Republican Rep. Danny Alvarez, who in his job outside of the Legislature serves as general counsel for the Tampa Police Benevolent Association, blasted some of the Democrats' remarks.
'At some point, you have to stop attacking the 99.8 [percent] and start supporting them,' he said. 'At some point, you have to realize that the rhetoric that is absolutely anti-cop in this chamber has to be checked by your desire to have a safe and secure society with an accountability process that exists today. Cops are one of the most regulated people you have ever seen, and if you don't believe that, go be one.'
The House passed the measure, 93-16, with several Democrats joining Republicans.
However, the Senate bill (SB 516), sponsored by Hillsborough County Republican Jay Collins, was never heard in any committee of that chamber, meaning the measure is effectively dead for this session.
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