Senate Bill sb1084

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    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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    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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    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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