Law Enforcement Incident Response

Use of Force/Discharge of Firearm Policy

• If a deputy discharges a firearm, the responding supervisor shall immediately respond to and assume control of the scene.
• The supervisor shall ensure the deputy who discharged the firearm is separated from other deputies and their firearm is secured.
• The supervisor shall also identify and separate all potential civilian witnesses and other Sheriff's Office personnel involved in the incident.

Investigation and Control

• The FDLE Critical Incident Team shall be responsible for overseeing and controlling the criminal investigation of incidents involving the use of deadly force and any discharge of a firearm at a person.
• No one, other than a member of the FDLE Critical Incident Team, shall interview involved personnel or civilian witnesses.
• The responding supervisor may ask basic public safety questions of involved personnel or civilian witnesses, such as the type of force used, direction and approximate number of shots fired, and location of injured or deceased persons.

Legal Counsel and Representation

• Legal counsel will be immediately appointed to represent the involved deputy(s) and will continue representation throughout the on-scene investigation and any ongoing criminal investigation.
• A second legal counsel will be present at the on-scene investigation on behalf of the Sheriff's Office.

Walk-through and Interviews

• Any involved deputy will participate in a walk-through as requested by members of the FDLE Critical Incident Team.
• The walk-through should not be used to elicit any statements from the involved deputy, but rather to collect basic information concerning the locations of the involved deputy and subject during the incident.
• If an involved deputy is interviewed for purposes of the criminal investigation, the involved deputy has the right to refuse this interview.

Administrative Investigation

• If an involved deputy invokes Miranda and their Fifth Amendment right to remain silent, the Sheriff may decide to begin an administrative investigation.
• If the Sheriff decides to begin an administrative investigation, the involved deputy may be asked to provide a compelled administrative interview.
• The compelled administrative interview will be audio recorded and used for administrative purposes only.

Deputies Discharging Firearms at Animals

• Deputies may discharge an agency-issued firearm at an animal when necessary to protect themselves, another person, or a law enforcement certified animal from being attacked.
• Deputies may also use issued firearms to euthanize gravely injured, suffering, or dangerous animals when other options are impractical and the discharge of a firearm shall not endanger persons, property, or create a negative public image of the Sheriff's Office.

Shooting Review Board

• The Shooting Review Board shall conduct an administrative review to determine if any Sheriff's Office policies or procedures were violated or if any training issues need to be addressed.
• The Board shall review any facts and pertinent testimony, and forward any administrative findings and recommendations to the Sheriff for disposition.

Relief from Duty and Support

• In every instance where a deputy uses deadly force and where such use of force results in death or serious bodily injury to another person, the deputy shall be immediately relieved of normal duties.
• Assignment to a relieved-of-duty status shall be administrative (non-disciplinary) with no loss of pay or benefits.
• Deputies relieved from duty shall remain on a relieved-of-duty status during the initial 24-hour period following the incident, after which the deputy may be re-assigned to duty status at the discretion of the Division/District Commander.

Use of Force/Discharge of Firearm Policy

• If a deputy discharges a firearm, the responding supervisor shall immediately respond to and assume control of the scene.
• The supervisor shall ensure the deputy who discharged the firearm is separated from other deputies and their firearm is secured.
• The supervisor shall also identify and separate all potential civilian witnesses and other Sheriff's Office personnel involved in the incident.

Investigation and Control

• The FDLE Critical Incident Team shall be responsible for overseeing and controlling the criminal investigation of incidents involving the use of deadly force and any discharge of a firearm at a person.
• No one, other than a member of the FDLE Critical Incident Team, shall interview involved personnel or civilian witnesses.
• The responding supervisor may ask basic public safety questions of involved personnel or civilian witnesses, such as the type of force used, direction and approximate number of shots fired, and location of injured or deceased persons.

Legal Counsel and Representation

• Legal counsel will be immediately appointed to represent the involved deputy(s) and will continue representation throughout the on-scene investigation and any ongoing criminal investigation.
• A second legal counsel will be present at the on-scene investigation on behalf of the Sheriff's Office.

Walk-through and Interviews

• Any involved deputy will participate in a walk-through as requested by members of the FDLE Critical Incident Team.
• The walk-through should not be used to elicit any statements from the involved deputy, but rather to collect basic information concerning the locations of the involved deputy and subject during the incident.
• If an involved deputy is interviewed for purposes of the criminal investigation, the involved deputy has the right to refuse this interview.

Administrative Investigation

• If an involved deputy invokes Miranda and their Fifth Amendment right to remain silent, the Sheriff may decide to begin an administrative investigation.
• If the Sheriff decides to begin an administrative investigation, the involved deputy may be asked to provide a compelled administrative interview.
• The compelled administrative interview will be audio recorded and used for administrative purposes only.

Deputies Discharging Firearms at Animals

• Deputies may discharge an agency-issued firearm at an animal when necessary to protect themselves, another person, or a law enforcement certified animal from being attacked.
• Deputies may also use issued firearms to euthanize gravely injured, suffering, or dangerous animals when other options are impractical and the discharge of a firearm shall not endanger persons, property, or create a negative public image of the Sheriff's Office.

Shooting Review Board

• The Shooting Review Board shall conduct an administrative review to determine if any Sheriff's Office policies or procedures were violated or if any training issues need to be addressed.
• The Board shall review any facts and pertinent testimony, and forward any administrative findings and recommendations to the Sheriff for disposition.

Relief from Duty and Support

• In every instance where a deputy uses deadly force and where such use of force results in death or serious bodily injury to another person, the deputy shall be immediately relieved of normal duties.
• Assignment to a relieved-of-duty status shall be administrative (non-disciplinary) with no loss of pay or benefits.
• Deputies relieved from duty shall remain on a relieved-of-duty status during the initial 24-hour period following the incident, after which the deputy may be re-assigned to duty status at the discretion of the Division/District Commander.