Senate Bill sb1084
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1084
By Senator Siplin
19-86A-05
1 A bill to be entitled
2 An act relating to notification of next of kin;
3 providing a short title; creating s. 960.046,
4 F.S.; requiring law enforcement agencies to
5 notify the next of kin of decedents whose death
6 occurs in certain circumstances; prescribing
7 procedures to be followed with respect to such
8 notification; requiring disciplinary action
9 against officers who fail to make a required
10 notification or who fail to follow specified
11 procedures for making such notification;
12 providing an effective date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. This act may be cited as the Pardo-Arambul
17 Act.
18 Section 2. Section 960.046, Florida Statutes, is
19 created to read:
20 960.046 Contact next of kin of deceased human being;
21 requirements of law enforcement agency.--In addition to any
22 other requirement imposed by law when the death of a human
23 being occurs, the county or municipal law enforcement agency
24 in the jurisdiction of which the death occurred or the body
25 was found, upon preliminary determination of the cause of
26 death, shall contact the next of kin of the decedent when:
27 (1)(a) Verifiable documentation of identity exists and
28 there is reason to believe that the decedent's death is
29 unknown to the next of kin; and
30 (b) There is reason to believe that the decedent's
31 death was a result of:
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1084
19-86A-05
1 1. Criminal activity;
2 2. An accident;
3 3. Suicide;
4 4. A suspicious or unusual circumstance; or
5 5. Use of a controlled substance or poison.
6 (2) The following requirements apply with respect to
7 notifications of next of kin under this section:
8 (a) Each attempt at notification must be documented in
9 writing, according to procedures established by the law
10 enforcement agency making the notification.
11 (b) Notification of the decedent's next of kin must be
12 accomplished promptly in such a manner as to cause the least
13 discomfort possible to the person being notified.
14 (c) Notification of the decedent's next of kin may be
15 made only after approval of a supervisor designated by the law
16 enforcement agency for such purpose.
17 (d) Notification must be made in person by a law
18 enforcement officer assigned to investigate the cause of the
19 decedent's death or by a supervisor designated by the law
20 enforcement agency for such purpose.
21 (e) Each law enforcement agency is responsible for
22 disciplining a law enforcement officer who fails to comply
23 with this section.
24 (f) If the next of kin of the decedent was not
25 notified within a reasonable time as required in this section,
26 the designated supervisor of the responsible law enforcement
27 agency shall provide a written explanation of the failure to
28 the next of kin, along with a statement of the disciplinary
29 action taken against the officer who failed to provide such
30 notification.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1084
19-86A-05
1 (g) A law enforcement agency may establish additional
2 procedures to implement this section.
3 (3) If the decedent's next of kin is not within the
4 jurisdiction in which death occurred or the body was found,
5 the law enforcement agency responsible for making the
6 notification shall forward notice of the decedent's death to
7 the law enforcement agency of the jurisdiction in which the
8 next of kin is located. The notice shall be accompanied by a
9 request for that agency to contact the next of kin immediately
10 and to notify the requesting law enforcement agency when that
11 has been done.
12 Section 3. This act shall take effect July 1, 2005.
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15 SENATE SUMMARY
16 Creates the Pardo-Arambul Act, which requires the county
or municipal law enforcement agency in the jurisdiction
17 of which a person's death occurs or a body is found to
notify the decedent's next of kin if the death has
18 occurred under specified circumstances. Prescribes
procedures for making such notification and procedures in
19 cases in which the next of kin is located outside that
county or municipality.
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