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FL S1982

Bill

Status

Failed

4/30/2021

Primary Sponsor

Bobby Powell

Click for details

Origin

Senate

2021 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary3/4/2021

Full Bill Text

No bill text available