HB 901

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


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