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FL S1982
Bill
AI Summary
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Creates civil action allowing individuals to sue state officers, employees, or agents for deprivation of rights secured by the United States or State Constitution, with lawsuits filed in circuit court.
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Eliminates "clearly established law" and "good faith belief" as legal defenses in constitutional deprivation suits, though good faith belief remains an affirmative defense that a jury must determine.
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Requires prevailing plaintiffs in successful constitutional deprivation suits to receive reasonable attorney fees and costs; deems plaintiffs to have prevailed in injunctive relief cases if their action was a substantial factor in obtaining results.
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Mandates law enforcement officers to intervene when witnessing another officer using or attempting to use excessive force when objectively reasonable and possible; establishes criminal penalties including second-degree misdemeanor for failing to intervene in nondeadly force and second-degree felony for failing to intervene in deadly force resulting in death or permanent physical impairment.
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Requires officers to report criminal offenses committed by other officers while on duty (second-degree misdemeanor for failure to report) and subjects officers who fail to render aid to excessive force victims or report such force to disciplinary action including dismissal.
Legislative Description
Unlawful Acts of Officers, Employees, or Agents of the State
Last Action
Died in Judiciary, companion bill(s) passed, see HB 7051 (Ch. 2021-241)
4/30/2021