| 1 | A bill to be entitled |
| 2 | An act relating to law enforcement and correctional |
| 3 | officers; amending s. 112.534, F.S.; providing that a |
| 4 | law enforcement officer or correctional officer who is |
| 5 | adversely impacted by the failure of the law |
| 6 | enforcement or correctional agency to comply with part |
| 7 | VI, ch. 112, F.S., may petition the circuit court in |
| 8 | the county where the law enforcement or correctional |
| 9 | agency maintains its headquarters for relief to enjoin |
| 10 | the agency from the violation and to compel the agency |
| 11 | to perform the duties imposed by part VI, ch. 112, |
| 12 | F.S.; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Paragraph (h) is added to subsection (1) of |
| 17 | section 112.534, Florida Statutes, to read: |
| 18 | 112.534 Failure to comply; official misconduct.- |
| 19 | (1) If any law enforcement agency or correctional agency, |
| 20 | including investigators in its internal affairs or professional |
| 21 | standards division, or an assigned investigating supervisor, |
| 22 | intentionally fails to comply with the requirements of this |
| 23 | part, the following procedures apply. For purposes of this |
| 24 | section, the term "law enforcement officer" or "correctional |
| 25 | officer" includes the officer's representative or legal counsel, |
| 26 | except in application of paragraph (d). |
| 27 | (h) If a law enforcement officer or correctional officer |
| 28 | who is employed by or appointed to a law enforcement or |
| 29 | correctional agency is adversely impacted by the failure of the |
| 30 | agency to comply with this part, the law enforcement officer or |
| 31 | correctional officer may petition the circuit court in the |
| 32 | county where the agency maintains its headquarters for |
| 33 | injunctive or declaratory relief to enjoin the agency from |
| 34 | violating this part and to compel the agency to perform the |
| 35 | duties imposed by this part. |
| 36 | Section 2. This act shall take effect July 1, 2012. |