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Florida Statute 112.534 | Lawyer Caselaw & Research
F.S. 112.534 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 112.534

The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS
View Entire Chapter
F.S. 112.534
112.534 Failure to comply; official misconduct.
(1) If any law enforcement agency or correctional agency, including investigators in its internal affairs or professional standards division, or an assigned investigating supervisor, intentionally fails to comply with the requirements of this part, the following procedures apply. For purposes of this section, the term “law enforcement officer” or “correctional officer” includes the officer’s representative or legal counsel, except in application of paragraph (d).
(a) The law enforcement officer or correctional officer shall advise the investigator of the intentional violation of the requirements of this part which is alleged to have occurred. The officer’s notice of violation is sufficient to notify the investigator of the requirements of this part which are alleged to have been violated and the factual basis of each violation.
(b) If the investigator fails to cure the violation or continues the violation after being notified by the law enforcement officer or correctional officer, the officer shall request the agency head or his or her designee be informed of the alleged intentional violation. Once this request is made, the interview of the officer shall cease, and the officer’s refusal to respond to further investigative questions does not constitute insubordination or any similar type of policy violation.
(c) Thereafter, within 3 working days, a written notice of violation and request for a compliance review hearing shall be filed with the agency head or designee which must contain sufficient information to identify the requirements of this part which are alleged to have been violated and the factual basis of each violation. All evidence related to the investigation must be preserved for review and presentation at the compliance review hearing. For purposes of confidentiality, the compliance review panel hearing shall be considered part of the original investigation.
(d) Unless otherwise remedied by the agency before the hearing, a compliance review hearing must be conducted within 10 working days after the request for a compliance review hearing is filed, unless, by mutual agreement of the officer and agency or for extraordinary reasons, an alternate date is chosen. The panel shall review the circumstances and facts surrounding the alleged intentional violation. The compliance review panel shall be made up of three members: one member selected by the agency head, one member selected by the officer filing the request, and a third member to be selected by the other two members. The review panel members shall be law enforcement officers or correctional officers who are active from the same law enforcement discipline as the officer requesting the hearing. Panel members may be selected from any state, county, or municipal agency within the county in which the officer works. The compliance review hearing shall be conducted in the county in which the officer works.
(e) It is the responsibility of the compliance review panel to determine whether or not the investigator or agency intentionally violated the requirements provided under this part. It may hear evidence, review relevant documents, and hear argument before making such a determination; however, all evidence received shall be strictly limited to the allegation under consideration and may not be related to the disciplinary charges pending against the officer. The investigative materials are considered confidential for purposes of the compliance review hearing and determination.
(f) The officer bears the burden of proof to establish that the violation of this part was intentional. The standard of proof for such a determination is by a preponderance of the evidence. The determination of the panel must be made at the conclusion of the hearing, in writing, and filed with the agency head and the officer.
(g) If the alleged violation is sustained as intentional by the compliance review panel, the agency head shall immediately remove the investigator from any further involvement with the investigation of the officer. Additionally, the agency head shall direct an investigation be initiated against the investigator determined to have intentionally violated the requirements provided under this part for purposes of agency disciplinary action. If that investigation is sustained, the sustained allegations against the investigator shall be forwarded to the Criminal Justice Standards and Training Commission for review as an act of official misconduct or misuse of position.
(2)(a) All the provisions of s. 838.022 shall apply to this part.
(b) The provisions of chapter 120 do not apply to this part.
History.s. 4, ch. 74-274; s. 35, ch. 77-104; s. 1, ch. 78-291; s. 4, ch. 82-156; s. 4, ch. 93-19; s. 3, ch. 2000-184; s. 8, ch. 2003-158; s. 3, ch. 2009-200; s. 5, ch. 2011-4; s. 6, ch. 2016-151.

F.S. 112.534 on Google Scholar

F.S. 112.534 on Casetext

Amendments to 112.534


Arrestable Offenses / Crimes under Fla. Stat. 112.534
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.534.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FRATERNAL ORDER OF POLICE, GATOR LODGE v. CITY OF GAINESVILLE,, 148 So. 3d 798 (Fla. Dist. Ct. App. 2014)

. . . of the majority opinion, which holds that a compliance review hearing is unavailable under section 112.534 . . . At issue is the remedial scope of section 112.534, which is within the “bill of rights” for law enforcement . . . Section 112.534 reflects an overall purpose of providing law enforcement and correctional officers under . . . Portions of section 112.534 support the conclusion that a key purpose of the compliance review process . . . See § 112.534(l)(g), Fla. Stat. . . . issues of first impression concerning the availability of compliance review hearings under section 112.534 . . . As to Officer B, the trial court reasoned that the remedy provided in section 112.534 is not available . . . (amending section 112.534). A. . . . We recognize that, by construing section 112.534 to apply only to alleged violations occurring during . . . Compare § 112.534, Fla. . . .

PEREIRA, v. MIAMI- DADE COUNTY,, 53 So. 3d 1238 (Fla. Dist. Ct. App. 2011)

. . . See § 112.534(1), Fla. Stat. (2009). . . .

McQUADE, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 51 So. 3d 489 (Fla. Dist. Ct. App. 2010)

. . . Specifically, section 112.534(1), Florida Statutes (2008), provides the following remedy for all violations . . . The Third District held that the officer was not entitled to damages because section 112.534, which was . . . For this reason, the Cosgrove court held that section 112.534 was “no more than a vehicle for enforcing . . . Because the version of section 112.534 in effect in 2008 still provided only for injunc-tive relief through . . . Nevertheless, based on the plain language of section 112.534 and the limitations on the Commission’s . . .

KING, v. STATE OF FLORIDA, G. C. M., 650 F. Supp. 2d 1157 (N.D. Fla. 2009)

. . . . § 112.534 makes it clear that injunctive relief is the only remedy for violations of § 112.532. . . .

F. BAILEY v. BOARD OF COUNTY COMMISSIONERS,, 659 So. 2d 295 (Fla. Dist. Ct. App. 1994)

. . . . § 112.534. . . . Defendants correctly point out that section 112.534 is the exclusive remedy for violations of section . . . The court held that the officer’s sole remedy was through section 112.534 and, therefore, ordered that . . .

D. McRAE, v. DOUGLAS,, 644 So. 2d 1368 (Fla. Dist. Ct. App. 1994)

. . . Police Officers’ Bill of Rights — Count II Sections 112.531112.534, Florida Statutes (1989), referred . . . ’s claim) a law enforcement officer, to be entitled to the procedures set forth in sections 112.531-112.534 . . . the statute_ A corrections officer appointed by a sheriff is not within the ambit of sections 112.531-112.534 . . . Sections 112.531-112.534 were amended in 1993 to include “all law enforcement officers and correctional . . . against an employer agency for violation of section 112.532 is injunctive relief provided for in section 112.534 . . .

SYLVESTER, v. CITY OF DELRAY BEACH, 584 So. 2d 214 (Fla. Dist. Ct. App. 1991)

. . . Additionally, section 112.534 provides injunctive relief to officers in cases where the employing agency . . . against an employer agency for violation of section 112.532 is the injunction provision of section 112.534 . . . Fla. 4th DCA 1982), decision approved, 431 So.2d 986 (Fla.1983), this court recognized that section 112.534 . . .

Z. KAMENESH, v. CITY OF MIAMI, a SIS E. B., 772 F. Supp. 583 (S.D. Fla. 1991)

. . . Florida Statutes § 112.534 expressly sets forth the remedies available for violations of § 112.532. . . . The sole remedy provided for in § 112.534 is injunctive relief. . . . Section 112.534 reads: Failure to Comply If any agency employing law enforcement officers or correctional . . .

C. KELLY, v. S. GILL,, 544 So. 2d 1162 (Fla. Dist. Ct. App. 1989)

. . . Under the reasoning of the trial court, to allow investigators the benefits of sections 112.532 and 112.534 . . . Section 112.534 specifies that if an agency fails to comply with Part VI, an injured officer may apply . . .

CITY OF MIAMI, a v. M. COSGROVE,, 516 So. 2d 1125 (Fla. Dist. Ct. App. 1987)

. . . noncompliance with Section 112.532, Florida Statutes (1983), is injunctive relief as provided in Section 112.534 . . . Section 112.534 is the only remedy provision of Part VI of Chapter 112, and thus the only express remedy . . . Clearly, Section 112.534 provides only for a suit for an injunction, not for an action for damages. . . . We thus think that the correct construction of Section 112.534 is that given it by our sister court in . . . In the present case, neither before nor after the enactment of Section 112.534, Florida Statutes, was . . .

CITY OF HOLLYWOOD, v. LITTERAL,, 446 So. 2d 1152 (Fla. Dist. Ct. App. 1984)

. . . included her claim for rights as a civil servant in her complaint for injunction pursuant to Section 112.534 . . . officer, this court has held that an injunction compelling reinstatement will not lie under Section 112.534 . . . Appellants sought as an alternative to mandamus, injunctive relief, in reliance on Section 112.534. . . . 112.534] and to compel performance of the duties established “by this part,” but this part does not . . . We hold that appellee was not a law enforcement officer, and had no rights under Sections 112.531-112.534 . . .

MIGLIORE v. CITY OF LAUDERHILL,, 415 So. 2d 62 (Fla. Dist. Ct. App. 1982)

. . . Appellants sought as an alternative to mandamus, injunctive relief, in reliance on Section 112.534. . . .

BEMBANASTE, v. CITY OF HOLLYWOOD, a D., 394 So. 2d 1053 (Fla. Dist. Ct. App. 1981)

. . . does not disclose that appellant ever sought timely enforcement of those rights pursuant to Section 112.534 . . . Section 112.534, Florida Statutes (1977). . . . . Section 112.534, Florida Statutes (1977). . . . .

CITY OF HALLANDALE C. v. S. INGLIMA, 346 So. 2d 84 (Fla. Dist. Ct. App. 1977)

. . . Definitions. 112.532 Law enforcement officers’ rights. 112.533 Receipt and processing of complaints. 112.534 . . . History. — s. 3, ch. 74-274. 112.534 Failure to comply. — If any agency employing law enforcement officers . . .

C. EVANS, v. HARDCASTLE,, 339 So. 2d 1150 (Fla. Dist. Ct. App. 1976)

. . . The trial judge held that Sections 112.531-112.534, Florida Statutes (1975), which afford certain procedural . . .

M. JOHNSON, v. WILSON,, 336 So. 2d 651 (Fla. Dist. Ct. App. 1976)

. . . Florida, referred to as the Police Officers’ Bill of Rights, and subsequently enacted as Sections 112.531-112.534 . . .

SCHRANK, v. BLISS,, 412 F. Supp. 28 (M.D. Fla. 1976)

. . . Sec. 112.534 (Supp.1974) authorizes the Florida Attorney General to seek injunctive relief in the state . . .

LONGO v. CITY OF HALLANDALE,, 42 Fla. Supp. 53 (Broward Cty. Cir. Ct. 1975)

. . . failed to exhaust his administrative remedies under §4 of the Law Enforcement Officers’ Bill of Rights, §112.534 . . .