Florida Senate - 2012                                     SB 204
       
       
       
       By Senator Fasano
       
       
       
       
       11-00218-12                                            2012204__
    1                        A bill to be entitled                      
    2         An act relating to law enforcement and correctional
    3         officers; amending s. 112.534, F.S.; providing that a
    4         law enforcement officer or correctional officer who is
    5         injured by the intentional failure of the law
    6         enforcement or correctional agency to comply with part
    7         VI, ch. 112, F.S., may petition the circuit court in
    8         the county where the law enforcement or correctional
    9         agency maintains its headquarters for an injunction to
   10         enjoin the agency from the violation and to compel the
   11         agency to perform the duties imposed by part VI, ch.
   12         112, F.S.; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (h) is added to subsection (1) of
   17  section 112.534, Florida Statutes, to read:
   18         112.534 Failure to comply; official misconduct.—
   19         (1) If any law enforcement agency or correctional agency,
   20  including investigators in its internal affairs or professional
   21  standards division, or an assigned investigating supervisor,
   22  intentionally fails to comply with the requirements of this
   23  part, the following procedures apply. For purposes of this
   24  section, the term “law enforcement officer” or “correctional
   25  officer” includes the officer’s representative or legal counsel,
   26  except in application of paragraph (d).
   27         (h) If a law enforcement officer or correctional officer
   28  who is employed by or appointed to a law enforcement or
   29  correctional agency is injured by the intentional failure of the
   30  agency to comply with this part, the law enforcement officer or
   31  correctional officer may petition the circuit court in the
   32  county where the agency maintains its headquarters for an
   33  injunction to enjoin the agency from violating this part and to
   34  compel the agency to perform the duties imposed by this part.
   35         Section 2. This act shall take effect July 1, 2012.