Senate Bill sb1046c1

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    Florida Senate - 2002                           CS for SB 1046

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senators Posey and Mitchell




    316-1916-02

  1                      A bill to be entitled

  2         An act relating to actions against law

  3         enforcement officers; amending s. 111.065,

  4         F.S.; redefining the term "law enforcement

  5         officer" for purposes of the payment of costs

  6         and attorney's fees in certain actions

  7         commenced against a law enforcement officer;

  8         revising circumstances under which the

  9         employing or sponsoring agency of a law

10         enforcement officer has the option of paying

11         legal costs and attorney's fees in an action

12         arising out of the officer's official duties;

13         requiring that an officer's employing or

14         sponsoring agency pay legal costs and

15         attorney's fees under certain circumstances

16         involving an emergency, imminent death or

17         bodily harm, or the pursuit or apprehension of

18         an offender; providing for jurisdiction

19         relating to legal costs and attorney's fees;

20         providing an effective date.

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22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  This act may be cited as the "Law

25  Enforcement Fair Defense Act."

26         Section 2.  Section 111.065, Florida Statutes, is

27  amended to read:

28         111.065  Law enforcement officers, civil or criminal

29  action against; employer or sponsor payment of costs and

30  attorney's fees.--

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    Florida Senate - 2002                           CS for SB 1046
    316-1916-02




  1         (1)  As used in this section, the term For the purpose

  2  of this act, "law enforcement officer" means any officer

  3  defined in s. 943.10(14) of person employed full time by any

  4  municipality or the state or any political subdivision thereof

  5  or any deputy sheriff whose primary responsibility is the

  6  prevention and detection of crime or the enforcement of the

  7  penal, traffic, or highway laws of this state.

  8         (2)  The employing or sponsoring agency of any law

  9  enforcement officer shall have the option to pay the legal

10  costs and reasonable attorney's fees for any law enforcement

11  officer in any civil or criminal action commenced against such

12  law enforcement officer in any court when the action arose out

13  of the performance of the officer's official duties and:

14         (a)  The civil or criminal action is dismissed or not

15  prosecuted plaintiff requests dismissal of the suit; or

16         (b)  The Such law enforcement officer is found to be

17  not liable or not guilty.

18         (3)  However, the employing or sponsoring agency shall

19  pay the legal costs and reasonable attorney's fees for a civil

20  or criminal action commenced against a law enforcement

21  officer, as defined in subsection (1), if the action:

22         (a)  Is resolved as provided in paragraph (2)(a) or

23  paragraph (2)(b);

24         (b)  Arose while the officer was acting within the

25  course and scope of the officer's official duties;

26         (c)1.  Occurred in response to what the officer

27  reasonably believed was an emergency;

28         2.  Was necessary to protect the officer or others from

29  imminent death or bodily harm; or

30         3.  Occurred in the course of the officer's fresh

31  pursuit, apprehension, or attempted apprehension of a suspect

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    Florida Senate - 2002                           CS for SB 1046
    316-1916-02




  1  whom the officer reasonably believes has perpetrated or

  2  attempted to perpetrate a forcible felony or the offense of

  3  escape; and

  4         (d)  Is not a willful act that constitutes a material

  5  departure from the employing or sponsoring agency's written

  6  policies and procedures, or from generally recognized criminal

  7  justice standards if no written policies or procedures exist.

  8         (4)  In determining the employing or sponsoring

  9  agency's responsibility for and amount of legal costs and

10  reasonable attorney's fees, the court before which the action

11  was heard shall retain jurisdiction of the matter to

12  determine:

13         (a)  The issue of responsibility on the part of the

14  employing or sponsoring agency for payment of legal costs and

15  reasonable attorney's fees;

16         (b)  The appropriate amount of legal costs to be

17  awarded in the matter; and

18         (c)  The appropriate amount of reasonable attorney's

19  fees and recoverable costs, not to exceed $100,000, to be

20  awarded, which amount must be based upon the prevailing rate

21  for the appropriate defense of such matters for the circuit in

22  which the action was brought.

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24  No lodestar provisions apply to this section.

25         Section 3.  This act shall take effect upon becoming a

26  law.

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    Florida Senate - 2002                           CS for SB 1046
    316-1916-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1046

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          Deletes the requirement that a law enforcement officer
  5        be employed full-time before a municipality, political
          subdivision or state employer may pay attorney's fees
  6        for the defense of that officer in a civil or criminal
          action.
  7
          Would expand the types of employing agencies who must
  8        pay a law enforcement officer's costs and attorney's
          fees to include officers employed by the state, in
  9        addition to those employed by a political subdivision of
          the state.
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          Imposes the additional condition that the action of the
11        law enforcement officer at issue was not a willful act
          that violates the employing or sponsoring agency's
12        written policy or departs from recognized criminal
          justice standards, if no written policies exist, before
13        the employing agency must pay officials attorney's fees
          and costs.
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          Provides that the court with jurisdiction of the action
15        against the law enforcement officer determines whether
          an employing agency is responsible for attorney's fees
16        and costs and limits the amount of such fees and costs
          to $100,000.
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