Senate Bill sb1046

    Florida Senate - 2002                                  SB 1046

    By Senators Posey and Mitchell





    15-367-02

  1                      A bill to be entitled

  2         An act relating to actions against law

  3         enforcement officers; amending s. 111.065,

  4         F.S.; redefining the term "law enforcement

  5         officer" for purposes of the payment of costs

  6         and attorney's fees in certain actions

  7         commenced against a law enforcement officer;

  8         revising circumstances under which the

  9         employing agency of a law enforcement officer

10         has the option of paying legal costs and

11         attorney's fees in an action arising out of the

12         officer's official duties; requiring that an

13         officer's employing agency pay legal costs and

14         attorney's fees under certain circumstances

15         involving an emergency, imminent death or

16         bodily harm, or the pursuit or apprehension of

17         an offender; providing an effective date.

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

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21         Section 1.  This act may be cited as the "Law

22  Enforcement Fair Defense Act."

23         Section 2.  Section 111.065, Florida Statutes, is

24  amended to read:

25         111.065  Law enforcement officers, civil or criminal

26  action against; employer payment of costs and attorney's

27  fees.--

28         (1)  As used in this section, the term For the purpose

29  of this act, "law enforcement officer" means any officer

30  defined in s. 943.10(14) who is person employed full time by

31  any municipality or the state or any political subdivision

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    Florida Senate - 2002                                  SB 1046
    15-367-02




  1  thereof or any deputy sheriff whose primary responsibility is

  2  the prevention and detection of crime or the enforcement of

  3  the penal, traffic, or highway laws of this state.

  4         (2)  The employing agency of any law enforcement

  5  officer shall have the option to pay the legal costs and

  6  reasonable attorney's fees for any law enforcement officer in

  7  any civil or criminal action commenced against such law

  8  enforcement officer in any court when the action arose out of

  9  the performance of the officer's official duties and:

10         (a)  The civil or criminal action is dismissed or not

11  prosecuted plaintiff requests dismissal of the suit; or

12         (b)  The Such law enforcement officer is found to be

13  not liable or not guilty.

14         (3)  However, the employing agency shall pay the legal

15  costs and reasonable attorney's fees for a civil or criminal

16  action commenced against a law enforcement officer who is

17  employed by a political subdivision of the state if the

18  action:

19         (a)  Is resolved as provided in paragraph (2)(a) or

20  paragraph (2)(b);

21         (b)  Arose out of the performance of the officer's

22  official duties; and

23         (c)1.  Occurred in response to what the officer

24  reasonably believed was an emergency;

25         2.  Was necessary to protect the officer or others from

26  imminent death or bodily harm; or

27         3.  Occurred in the course of the officer's fresh

28  pursuit, apprehension, or attempted apprehension of a suspect

29  whom the officer reasonably believes has perpetrated or

30  attempted to perpetrate a forcible felony or the offense of

31  escape.

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    Florida Senate - 2002                                  SB 1046
    15-367-02




  1         Section 3.  This act shall take effect upon becoming a

  2  law.

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  5                          SENATE SUMMARY

  6    Provides that the employing agency of a law enforcement
      officer has the option of paying legal costs and
  7    attorney's fees in a civil or criminal action against the
      law enforcement agency if the action is dismissed or not
  8    prosecuted. Requires that the employing agency pay an
      officer's legal costs and attorney's fees if the officer
  9    is employed by a political subdivision of the state, the
      case is dismissed or the officer is found not liable or
10    not guilty, and the case involved an emergency, imminent
      death or bodily harm, or the pursuit or apprehension of
11    an offender.

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