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New law governs the use of informants

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By JOSH POLTILOVE

jpoltilove@tampatrib.com

Published: July 1, 2009

TAMPA - Named in honor of a slain police informant, legislation on the use and control of confidential informants takes effect today.

In Hillsborough County, supervisors whose detectives and deputies handle confidential informants will attend an eight-hour training seminar about Rachel's Law today.

"While the Hillsborough County Sheriff's Office has had a policy in place for years, the new legislation adds new safeguards designed for the protection of the identity of the informant as well as some considerations that the agency must weigh prior to activating an informant," the sheriff's office said. "The policy is being updated accordingly."

Tampa police began training about three months ago in anticipation of legislation passing, spokeswoman Laura McElroy said.

Rachel Hoffman, a 23-year-old graduate of Countryside High School in Clearwater, was recruited by authorities as an informant after her arrest on drug charges.

She was shot to death in a botched drug sting in May 2008 while helping Tallahassee police.

Police defended their use of Hoffman as a confidential informant, but her family and friends said she was an unprepared young woman placed in a dangerous situation.

Her parents pushed for the legislation.

Under the new legislation, law enforcement agencies must train officers who recruit confidential informants, tell informants they can't be promised reduced sentences in exchange for their work and allow informants to consult a lawyer if they ask.

Hoffman's parents wanted stronger language in the bill, including barring police departments from using people in substance-abuse programs as drug informants as well as prohibiting nonviolent offenders from work involving suspects with violent histories.

Both provisions would have excluded Hoffman, a nonviolent offender in treatment, from the undercover operation she participated in.

Police departments opposed those provisions, saying investigators need flexibility to make judgments.

Hoffman's parents said they will return to the Legislature to ask for tougher provisions.

Information from The Associated Press was used in this report. Reporter Josh Poltilove can be reached at (813) 259-7691.

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