Senate Bill sb0954

    Florida Senate - 2007                                   SB 954

    By Senator Diaz de la Portilla





    36-1074-07                                              See HB

  1                      A bill to be entitled

  2         An act relating to law enforcement officers and

  3         correctional officers; amending s. 112.534,

  4         F.S.; providing for sanctions for violation of

  5         officers' rights in disciplinary proceedings;

  6         providing for rulemaking; providing an

  7         effective date.

  8  

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

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11         Section 1.  Subsection (1) of section 112.534, Florida

12  Statutes, is amended to read:

13         112.534  Failure to comply; official misconduct.--

14         (1)  If any law enforcement agency or correctional

15  agency fails to comply with the requirements of this part, in

16  addition to the civil action provided in s. 112.532(3), a law

17  enforcement officer or correctional officer employed by or

18  appointed to such agency:

19         (a)  Who is personally injured by such failure to

20  comply may apply directly to the circuit court of the county

21  wherein such agency is headquartered and permanently resides

22  for an injunction to restrain and enjoin such violation of the

23  provisions of this part and to compel the performance of the

24  duties imposed by this part.

25         (b)  Whose rights under this part are violated may

26  apply directly to the Criminal Justice Standards and Training

27  Commission for an order imposing a fine not to exceed $10,000

28  for each violation of any provision of this part. A fine may

29  be levied against the person committing the violation, that

30  person's employing or appointing agency, or both. A second or

31  subsequent violation may lead to disciplinary action up to and

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    Florida Senate - 2007                                   SB 954
    36-1074-07                                              See HB




 1  including revocation of the violator's certification. The

 2  Criminal Justice Standards and Training Commission may adopt

 3  rules under ss. 120.536(1) and 120.54 for the implementation

 4  of this paragraph.

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

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