House Bill 0919

    Florida House of Representatives - 2000                 HB 919

        By Representative Flanagan






  1                      A bill to be entitled

  2         An act relating to law enforcement officers;

  3         creating s. 112.5325, F.S.; authorizing law

  4         enforcement officers to bring an action for

  5         defamation under certain circumstances;

  6         providing procedures for proof; providing an

  7         effective date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Section 112.5325, Florida Statutes, is

12  created to read:

13         112.5325  Law enforcement officers' right to bring an

14  action for defamation under certain circumstances.--A law

15  enforcement officer may bring an action for defamation against

16  an individual who has filed a complaint with the law

17  enforcement officer's agency alleging misconduct, criminal

18  conduct, or incompetence, if the complaint is false, the

19  complaint was made with knowledge that it was false, and the

20  complaint was made with spite, hatred, or ill will. Knowledge

21  that the complaint was false may be proven by a showing that

22  the complainant had no reasonable grounds to believe the

23  complaint was true and that the complainant exhibited a

24  reckless disregard for ascertaining the truth.

25         Section 2.  This act shall take effect upon becoming a

26  law.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                 HB 919

    570-162-00






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  2                          HOUSE SUMMARY

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      Authorizes a law enforcement officer to bring an action
  4    for defamation against an individual who files a
      complaint with the law enforcement officer's agency
  5    alleging misconduct, criminal conduct, or incompetence if
      the complaint is false, the complaint was made with
  6    knowledge that it was false, and the complaint was made
      with spite, hatred, or ill will. See bill for details.
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