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; authorizing the Criminal |
6 | Justice Standards and Training Commission to adopt rules; |
7 | providing an effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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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 agency |
15 | fails to comply with the requirements of this part, in addition |
16 | to the civil action provided in s. 112.532(3), a law enforcement |
17 | officer or correctional officer employed by or appointed to such |
18 | agency: |
19 | (a) Who is personally injured by such failure to comply |
20 | may apply directly to the circuit court of the county wherein |
21 | such agency is headquartered and permanently resides for an |
22 | 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 apply |
26 | 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 be |
29 | 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 |
32 | including revocation of the violator's certification. The |
33 | Criminal Justice Standards and Training Commission may adopt |
34 | rules under ss. 120.536(1) and 120.54 for the implementation of |
35 | this paragraph. |
36 | Section 2. This act shall take effect upon becoming a law. |