HB 0183

1
A bill to be entitled
2An act relating to law enforcement and correctional
3officers; providing a popular name; amending s. 112.19,
4F.S.; providing death benefits for law enforcement,
5correctional, or correctional probation officers in
6certain circumstances; amending s. 112.532, F.S.;
7providing a limitations period for certain actions
8involving the discipline, demotion, or dismissal of a law
9enforcement officer or correctional officer; providing for
10written notification of such actions; providing exceptions
11to the limitations period; providing for the reopening of
12investigations and subsequent disciplinary action in
13certain circumstances; reenacting ss. 110.123(4)(e),
14112.19(3), as amended by chs. 2002-191 and 2004-357, Laws
15of Florida, 112.19(3), as amended by chs. 2002-232, 2003-
161, and 2004-357, Laws of Florida, 250.34(4), 285.18(2)(c),
17943.04(2)(d), and 943.68(2), F.S., relating to
18contributions under the state group insurance program,
19educational benefits for children and spouses of certain
20law enforcement personnel, benefits for certain members of
21the Florida National Guard, benefits for certain law
22enforcement personnel employed by tribal councils,
23benefits for certain law enforcement personnel employed by
24the Department of Law Enforcement in the Criminal Justice
25Investigations and Forensic Science Program, and benefits
26for certain law enforcement personnel employed by the
27Department of Law Enforcement to provide certain security
28involving the Governor, respectively, for the purpose of
29incorporating the amendment to s. 112.19, F.S., in
30references thereto; providing applicability; providing an
31effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  This act may be cited as the "Deputy James M.
36Weaver Act."
37     Section 2.  Paragraph (b) of subsection (2) of section
38112.19, Florida Statutes, is amended to read:
39     112.19  Law enforcement, correctional, and correctional
40probation officers; death benefits.--
41     (2)
42     (b)  The sum of $50,000, as adjusted pursuant to paragraph
43(j), shall be paid as provided in this section if a law
44enforcement, correctional, or correctional probation officer is
45accidentally killed as specified in paragraph (a) and the
46accidental death occurs as a result of the officer's response to
47fresh pursuit or to the officer's response to what is reasonably
48believed to be an emergency, or if the officer is accidentally
49killed at the scene of a traffic accident or while enforcing
50what is reasonably believed to be a traffic law or ordinance.
51This sum is in addition to any sum provided for in paragraph
52(a). Notwithstanding any other provision of law, in no case
53shall the amount payable under this subsection be less than the
54actual amount stated therein.
55     Section 3.  Subsection (6) is added to section 112.532,
56Florida Statutes, to read:
57     112.532  Law enforcement officers' and correctional
58officers' rights.--All law enforcement officers and correctional
59officers employed by or appointed to a law enforcement agency or
60a correctional agency shall have the following rights and
61privileges:
62     (6)  LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.--
63     (a)  Except as provided in this subsection, no disciplinary
64action, demotion, or dismissal shall be undertaken by an agency
65against a law enforcement officer or correctional officer for
66any act, omission, or other allegation of misconduct if the
67investigation of such allegation is not completed within 180
68days after the date the agency receives notice of the allegation
69by a person authorized by the agency to initiate an
70investigation of the misconduct. In the event that the agency
71determines that disciplinary action is appropriate, it shall
72complete its investigation and give notice in writing to the law
73enforcement officer or correctional officer of its intent to
74proceed with disciplinary action, along with a proposal of the
75action sought. Such notice to the officer shall be provided
76within 180 days after the date the agency received notice of the
77alleged misconduct, except as follows:
78     1.  The running of the limitations period may be tolled for
79a period specified in a written waiver of the limitation by the
80law enforcement officer or correctional officer.
81     2.  The running of the limitations period shall be tolled
82during the time that any criminal investigation or prosecution
83is pending in connection with the act, omission, or other
84allegation of misconduct.
85     3.  If the investigation involves an officer who is
86incapacitated or otherwise unavailable, the running of the
87limitations period shall be tolled during the period of
88incapacitation or unavailability.
89     4.  In a multijurisdictional investigation, the limitations
90period may be extended for a period of time reasonably necessary
91to facilitate the coordination of the agencies involved.
92     (b)  An investigation against a law enforcement officer or
93correctional officer may be reopened, notwithstanding the
94limitations period for commencing disciplinary action, demotion,
95or dismissal, if:
96     1.  Significant new evidence has been discovered that is
97likely to affect the outcome of the investigation.
98     2.  The evidence could not have reasonably been discovered
99in the normal course of investigation or the evidence resulted
100from the predisciplinary response of the officer.
101
102Any disciplinary action resulting from an investigation that is
103reopened pursuant to this paragraph must be completed within 90
104days after the date the investigation is reopened.
105     Section 4.  For the purpose of incorporating the amendment
106to section 112.19, Florida Statutes, in a reference thereto,
107paragraph (e) of subsection (4) of section 110.123, Florida
108Statutes, is reenacted to read:
109     110.123  State group insurance program.--
110     (4)  PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE; LIMITATION
111ON ACTIONS TO PAY AND COLLECT PREMIUMS.--
112     (e)  No state contribution for the cost of any part of the
113premium shall be made for retirees or surviving spouses for any
114type of coverage under the state group insurance program.
115However, any state agency that employs a full-time law
116enforcement officer, correctional officer, or correctional
117probation officer who is killed or suffers catastrophic injury
118in the line of duty as provided in s. 112.19, or a full-time
119firefighter who is killed or suffers catastrophic injury in the
120line of duty as provided in s. 112.191, shall pay the entire
121premium of the state group health insurance plan selected for
122the employee's surviving spouse until remarried, and for each
123dependent child of the employee, subject to the conditions and
124limitations set forth in s. 112.19 or s. 112.191, as applicable.
125     Section 5.  For the purpose of incorporating the amendment
126to section 112.19, Florida Statutes, in a reference thereto,
127subsection (3) of section 112.19, Florida Statutes, as amended
128by section 1 of chapter 2002-191, Laws of Florida, and section
12914 of chapter 2004-357, Laws of Florida, is reenacted to read:
130     112.19  Law enforcement, correctional, and correctional
131probation officers; death benefits.--
132     (3)  If a law enforcement, correctional, or correctional
133probation officer is accidentally killed as specified in
134paragraph (2)(b) on or after June 22, 1990, or unlawfully and
135intentionally killed as specified in paragraph (2)(c) on or
136after July 1, 1980, the state shall waive certain educational
137expenses that the child or spouse of the deceased officer incurs
138while obtaining a career certificate, an undergraduate
139education, or a postgraduate education. The amount waived by the
140state shall be an amount equal to the cost of tuition and
141matriculation and registration fees for a total of 120 credit
142hours. The child or spouse may attend a state career center, a
143state community college, or a state university. The child or
144spouse may attend any or all of the institutions specified in
145this subsection, on either a full-time or part-time basis. The
146benefits provided to a child under this subsection shall
147continue until the child's 25th birthday. The benefits provided
148to a spouse under this subsection must commence within 5 years
149after the death occurs, and entitlement thereto shall continue
150until the 10th anniversary of that death.
151     (a)  Upon failure of any child or spouse benefited by the
152provisions of this subsection to comply with the ordinary and
153minimum requirements of the institution attended, both as to
154discipline and scholarship, the benefits shall be withdrawn as
155to the child or spouse and no further moneys may be expended for
156the child's or spouse's benefits so long as such failure or
157delinquency continues.
158     (b)  Only a student in good standing in his or her
159respective institution may receive the benefits thereof.
160     (c)  A child or spouse receiving benefits under this
161subsection must be enrolled according to the customary rules and
162requirements of the institution attended.
163     Section 6.  For the purpose of incorporating the amendment
164to section 112.19, Florida Statutes, in a reference thereto,
165subsection (3) of section 112.19, Florida Statutes, as amended
166by section 1 of chapter 2002-232, Laws of Florida, section 9 of
167chapter 2003-1, Laws of Florida, and section 15 of chapter 2004-
168357, Laws of Florida, is reenacted to read:
169     112.19  Law enforcement, correctional, and correctional
170probation officers; death benefits.--
171     (3)  If a law enforcement, correctional, or correctional
172probation officer is accidentally killed as specified in
173paragraph (2)(b) on or after June 22, 1990, or unlawfully and
174intentionally killed as specified in paragraph (2)(c) on or
175after July 1, 1980, the state shall waive certain educational
176expenses that children of the deceased officer incur while
177obtaining a career certificate, an undergraduate education, or a
178graduate or postbaccalaureate professional degree. The amount
179waived by the state shall be an amount equal to the cost of
180tuition, matriculation, and other statutorily authorized fees
181for a total of 120 credit hours for a career certificate or an
182undergraduate education. For a child pursuing a graduate or
183postbaccalaureate professional degree, the amount waived shall
184equal the cost of matriculation and other statutorily authorized
185fees incurred while the child continues to fulfill the
186professional requirements associated with the graduate or
187postbaccalaureate professional degree program, and eligibility
188continues until the child's 29th birthday. The child may attend
189a state career center, a state community college, or a state
190university. The child may attend any or all of the institutions
191specified in this subsection, on either a full-time or part-time
192basis. For a child pursuing a career certificate or an
193undergraduate education, the benefits provided under this
194subsection shall continue to the child until the child's 25th
195birthday. To be eligible for the benefits provided under this
196subsection for enrollment in a graduate or postbaccalaureate
197professional degree program, the child must be a state resident,
198as defined in s. 1009.21, at the time of enrollment.
199     (a)  Upon failure of any child benefited by the provisions
200of this section to comply with the ordinary and minimum
201requirements of the institution attended, both as to discipline
202and scholarship, the benefits shall be withdrawn as to the child
203and no further moneys may be expended for the child's benefits
204so long as such failure or delinquency continues.
205     (b)  Only a student in good standing in his or her
206respective institution may receive the benefits thereof.
207     (c)  A child receiving benefits under this section must be
208enrolled according to the customary rules and requirements of
209the institution attended.
210     Section 7.  For the purpose of incorporating the amendment
211to section 112.19, Florida Statutes, in a reference thereto,
212subsection (4) of section 250.34, Florida Statutes, is reenacted
213to read:
214     250.34  Injury or death on state active duty.--
215     (4)  Each member of the Florida National Guard who is
216killed, or who dies as the result of injuries incurred, while on
217state active duty under competent orders qualifies for benefits
218as a law enforcement officer pursuant to s. 112.19 or any
219successor statute providing for death benefits for law
220enforcement officers, and the decedent's survivors or estate are
221entitled to the death benefits provided in s. 112.19. However,
222this section does not prohibit survivors or the estate of the
223decedent from presenting a claim bill for approval by the
224Legislature in addition to the death benefits provided in this
225section.
226     Section 8.  For the purpose of incorporating the amendment
227to section 112.19, Florida Statutes, in a reference thereto,
228paragraph (c) of subsection (2) of section 285.18, Florida
229Statutes, is reenacted to read:
230     285.18  Tribal council as governing body; powers and
231duties.--
232     (2)  The governing bodies of the special improvement
233districts shall have the duty and power:
234     (c)  To employ personnel to exercise law enforcement
235powers, including the investigation of violations of any of the
236criminal laws of the state occurring on reservations over which
237the state has assumed jurisdiction pursuant to s. 285.16.
238     1.  All law enforcement personnel employed shall be
239considered peace officers for all purposes and shall have the
240authority to bear arms, make arrests, and apply for, serve, and
241execute search warrants, arrest warrants, capias, and other
242process of the court, and to enforce criminal and noncriminal
243traffic offenses, within their respective special improvement
244districts.
245     2.  All law enforcement personnel shall be entitled to the
246privileges, protection, and benefits of ss. 112.19 and 870.05.
247     Section 9.  For the purpose of incorporating the amendment
248to section 112.19, Florida Statutes, in a reference thereto,
249paragraph (d) of subsection (2) of section 943.04, Florida
250Statutes, is reenacted to read:
251     943.04  Criminal Justice Investigations and Forensic
252Science Program; creation; investigative, forensic, and related
253authority.--
254     (2)
255     (d)  All investigators employed by the department shall be
256considered law enforcement officers for all purposes. The
257executive director shall have the authority to designate the
258person occupying any appropriate position within the department
259as a law enforcement officer, if such person is qualified under
260the department's personnel regulations relating to agents and is
261certified pursuant to s. 943.1395(1), and all persons thus
262employed by the department shall be considered law enforcement
263officers for all purposes and shall be entitled to the
264privileges, protection, and benefits of ss. 112.19, 121.051,
265122.34, and 870.05.
266     Section 10.  For the purpose of incorporating the amendment
267to section 112.19, Florida Statutes, in a reference thereto,
268subsection (2) of section 943.68, Florida Statutes, is reenacted
269to read:
270     943.68  Transportation and protective services.--
271     (2)  The department shall employ such personnel as may be
272necessary to carry out this responsibility, including uniformed
273and nonuniformed officers or agents who shall have authority to
274bear arms and make arrests, with or without warrant, for
275violations of any of the criminal laws of the state, under the
276same terms and conditions as investigative personnel of the
277department, and who shall be considered peace officers for all
278purposes, including, but not limited to, the privileges,
279protections, and benefits of ss. 112.19, 121.051, 122.34, and
280870.05.
281     Section 11.  This act shall take effect July 1, 2005, and
282shall apply to actions arising on or after that date.


CODING: Words stricken are deletions; words underlined are additions.