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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120.536(1) and 120.54 for the implementation of this paragraph.

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

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