HB 0225 2003
1	CHAMBER ACTION
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6	The Committee on Public Safety & Crime Prevention recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to actions against law enforcement,
13	correctional, and correctional probation officers;
14	amending s. 111.065, F.S.; providing a popular name;
15	redefining the term “officer” for purposes of the payment
16	of costs and attorney’s fees in certain actions commenced
17	against an officer; revising circumstances under which the
18	employing agency of an officer has the option of paying
19	legal costs and attorney's fees in an action arising out
20	of the officer's official duties; requiring that an
21	officer's employing agency pay legal costs and attorney's
22	fees under certain circumstances involving an emergency,
23	imminent death or bodily harm, or the pursuit or
24	apprehension of an offender; providing for jurisdiction
25	relating to legal costs and attorney's fees; providing
26	certain limitations of the amount awarded; providing an
27	effective date.
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29	Be It Enacted by the Legislature of the State of Florida:
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31	Section 1. This act shall be known by the popular name
32	“Law Enforcement Fair Defense Act.”
33	Section 2. Section 111.065, Florida Statutes, is amended
34	to read:
35	111.065 Law enforcement, correctional, and correctional
36	probationofficers, civil or criminal action against; employer
37	payment of costs and attorney's fees.--
38	(1) For the purpose of this section onlyact, the term
39	"officer""law enforcement officer" means any law enforcement
40	officer, correctional officer, or correctional probation officer
41	as defined in s. 943.10(1), (2), and (3) who ispersonemployed
42	full time by any municipality,or the state,or any political
43	subdivision thereof or any deputy sheriff whose primary
44	responsibility is the prevention and detection of crime or the
45	enforcement of the penal, traffic, or highway laws of this
46	state.
47	(2) The employing agency of any law enforcement officer
48	hasshall have the option to pay the legal costs andreasonable
49	attorney's fees and costs for any law enforcementofficer in any
50	civil or criminal action commenced against such law enforcement
51	officer in any court when the action arose inout ofthe
52	performance of the officer's official duties and:
53	(a) The plaintiff requests dismissal of the suit; or
54	(b) TheSuch law enforcementofficer is found to be not
55	liable or not guilty.
56	(3) The employing agency shall provide an attorney and pay
57	the reasonable attorney's fees and costs for any officer in any
58	criminal action commenced against any officer in any court if
59	the employing agency determines that the officer's actions that
60	gave rise to the charges:
61	(a)1. Occurred in response to what the officer reasonably
62	believed was an emergency;
63	2. Occurred when the officer reasonably believed that his
64	or her action was necessary to protect the officer or others
65	from imminent death or bodily harm; or
66	3. Occurred in the course of the officer's fresh pursuit,
67	apprehension, or attempted apprehension of a suspect whom the
68	officer reasonably believed had perpetrated, or attempted to
69	perpetrate, a forcible felony as defined in s. 776.08, or the
70	offense of escape.
71	(b) Arose within the course and scope of the officer's
72	duties.
73	(c) Were not acts of omission or commission which
74	constituted a material departure from the employing agency's
75	written policies and procedures or generally recognized criminal
76	justice standards if no written policies or procedures exist.
77	(4)(a) In actions where legal representation is requested
78	pursuant to subsection (3) and the employing agency does not
79	provide an attorney or the officer does not use the employing
80	agency's attorney, the officer may:
81	1. Select from a list of attorneys provided by the
82	employing agency; or
83	2. Choose his or her own attorney.
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85	The officer may request the employing agency to reimburse
86	reasonable attorney's fees and costs if the officer's actions
87	giving rise to the charge did not result in the entry of a plea
88	of guilty or nolo contendere, or in a finding of guilt by a
89	court or jury to any offense charged or any lesser or included
90	offense that is substantially related to the offense charged.
91	(b) If legal representation is provided in accordance with
92	paragraph (a), the amount of reasonable attorney's fees and
93	costs shall be determined as follows:
94	1. The officer shall submit an application for payment of
95	reasonable attorney's fees and costs to the employing agency and
96	the employing agency and the officer must agree on a reasonable
97	attorney's fee and costs to be paid within 30 days after the
98	application for payment. The officer may only apply for
99	attorney's fees and costs incurred in the actual defense of the
100	prosecution of criminal charges, and the officer is not entitled
101	to seek or collect attorney's fees and costs related to efforts
102	to collect attorney's fees and costs under this section.
103	2. The application for reasonable attorney's fees and
104	costs must include an itemization statement, from an attorney or
105	expert witness representing or appearing on behalf of the
106	officer, stating the actual time expended and the rate at which
107	fees and other expenses were computed.
108	3. If the officer and the employing agency do not reach an
109	agreement or payment is not provided within 30 days, the officer
110	requesting payment of attorney's fees and costs shall submit the
111	application to the court having jurisdiction over the
112	prosecution within 30 days after the failure to reach an
113	agreement or 30 days after conclusion of the prosecution against
114	the officer, whichever is later. Such court shall retain
115	jurisdiction of the matter in order to determine entitlement to
116	payment and the amount of reasonable attorney's fees and costs.
117	4. If no agreement is reached between the officer and the
118	employing agency as provided under subparagraph 3., the
119	employing agency shall have the right to respond to the
120	application for attorney's fees and costs. The court shall make
121	its determination as to entitlement and amount of reasonable
122	attorney's fees and costs based on:
123	a. Prevailing market rates in the appropriate market area
124	for defense of similar actions, as well as other relevant
125	factors.
126	b. Whether the officer's actions complied with the
127	requirements of paragraphs (3)(a), (b), and (c).
128	(c) A lodestar or fee multiplier provision may not be used
129	in any criminal prosecution defended pursuant to this subsection
130	and the attorney's fees and costs awarded may not exceed
131	$100,000.
132	Section 3. This act shall take effect upon becoming a law.