Florida Senate - 2008 (Reformatted) SB 338
By Senator Saunders
37-00304-08 2008338__
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A bill to be entitled
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An act relating to law enforcement officers and
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correctional officers; amending s. 112.534, F.S.;
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providing for sanctions for violation of officers' rights
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in disciplinary proceedings; authorizing the Criminal
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Justice Standards and Training Commission to adopt rules;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (1) of section 112.534, Florida
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Statutes, is amended to read:
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112.534 Failure to comply; official misconduct.--
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(1) If any law enforcement agency or correctional agency
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fails to comply with the requirements of this part, in addition
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to the civil action provided in s. 112.532(3), a law enforcement
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officer or correctional officer employed by or appointed to such
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agency:
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(a) Who is personally injured by such failure to comply may
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apply directly to the circuit court of the county wherein such
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agency is headquartered and permanently resides for an injunction
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to restrain and enjoin such violation of the provisions of this
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part and to compel the performance of the duties imposed by this
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part.
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(b) Whose rights under this part are violated may apply
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directly to the Criminal Justice Standards and Training
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Commission for an order imposing a fine not to exceed $10,000 for
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each violation of any provision of this part. A fine may be
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levied against the person committing the violation, that person's
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employing or appointing agency, or both. A second or subsequent
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violation may lead to disciplinary action up to and including
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revocation of the violator's certification. The Criminal Justice
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Standards and Training Commission may adopt rules under ss.
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Section 2. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.