| 1 | A bill to be entitled |
| 2 | An act relating to law enforcement officers and |
| 3 | correctional officers; amending s. 112.534, F.S.; |
| 4 | providing for sanctions for violation of officers' rights |
| 5 | in disciplinary proceedings; providing for rulemaking; |
| 6 | providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Subsection (1) of section 112.534, Florida |
| 11 | Statutes, is amended to read: |
| 12 | 112.534 Failure to comply; official misconduct.-- |
| 13 | (1) If any law enforcement agency or correctional agency |
| 14 | fails to comply with the requirements of this part, in addition |
| 15 | to the civil action provided in s. 112.532(3), a law enforcement |
| 16 | officer or correctional officer employed by or appointed to such |
| 17 | agency: |
| 18 | (a) Who is personally injured by such failure to comply |
| 19 | may apply directly to the circuit court of the county wherein |
| 20 | such agency is headquartered and permanently resides for an |
| 21 | injunction to restrain and enjoin such violation of the |
| 22 | provisions of this part and to compel the performance of the |
| 23 | duties imposed by this part. |
| 24 | (b) Whose rights under this part are violated may apply |
| 25 | directly to the Criminal Justice Standards and Training |
| 26 | Commission for an order imposing a fine not to exceed $10,000 |
| 27 | for each violation of any provision of this part. A fine may be |
| 28 | levied against the person committing the violation, that |
| 29 | person's employing or appointing agency, or both. A second or |
| 30 | subsequent violation may lead to disciplinary action up to and |
| 31 | including revocation of the violator's certification. The |
| 32 | Criminal Justice Standards and Training Commission may adopt |
| 33 | rules under ss. 120.536(1) and 120.54 for the implementation of |
| 34 | this paragraph. |
| 35 | Section 2. This act shall take effect upon becoming a law. |