HB 0183CS

CHAMBER ACTION




1The Justice Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to law enforcement and correctional
7officers; providing a popular name; amending s. 112.19,
8F.S.; providing death benefits for law enforcement,
9correctional, or correctional probation officers in
10certain circumstances; amending s. 112.532, F.S.;
11providing a limitations period for certain actions
12involving the discipline, demotion, or dismissal of a law
13enforcement officer or correctional officer; providing for
14written notification of such actions; providing exceptions
15to the limitations period; providing for the reopening of
16investigations and subsequent disciplinary action in
17certain circumstances; amending s. 943.22, F.S.; revising
18definitions relating to qualification of certain law
19enforcement officers for a salary incentive program;
20reenacting ss. 110.123(4)(e), 112.19(3), as amended by
21chs. 2002-191 and 2004-357, Laws of Florida, 112.19(3), as
22amended by chs. 2002-232, 2003-1, and 2004-357, Laws of
23Florida, 250.34(4), 285.18(2)(c), 943.04(2)(d), and
24943.68(2), F.S., relating to contributions under the state
25group insurance program, educational benefits for children
26and spouses of certain law enforcement personnel, benefits
27for certain members of the Florida National Guard,
28benefits for certain law enforcement personnel employed by
29tribal councils, benefits for certain law enforcement
30personnel employed by the Department of Law Enforcement in
31the Criminal Justice Investigations and Forensic Science
32Program, and benefits for certain law enforcement
33personnel employed by the Department of Law Enforcement to
34provide certain security involving the Governor,
35respectively, for the purpose of incorporating the
36amendment to s. 112.19, F.S., in references thereto;
37providing applicability; providing an effective date.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  This act may be cited as the "Deputy James M.
42Weaver Act."
43     Section 2.  Paragraph (b) of subsection (2) of section
44112.19, Florida Statutes, is amended to read:
45     112.19  Law enforcement, correctional, and correctional
46probation officers; death benefits.--
47     (2)
48     (b)  The sum of $50,000, as adjusted pursuant to paragraph
49(j), shall be paid as provided in this section if a law
50enforcement, correctional, or correctional probation officer is
51accidentally killed as specified in paragraph (a) and the
52accidental death occurs:
53     1.  As a result of the officer's response to fresh pursuit;
54     2.  As a result of or to the officer's response to what is
55reasonably believed to be an emergency;
56     3.  At the scene of a traffic accident to which the officer
57has responded; or
58     4.  While the officer is enforcing what is reasonably
59believed to be a traffic law or ordinance.
60
61This sum is in addition to any sum provided for in paragraph
62(a). Notwithstanding any other provision of law, in no case
63shall the amount payable under this subsection be less than the
64actual amount stated therein.
65     Section 3.  Subsection (6) is added to section 112.532,
66Florida Statutes, to read:
67     112.532  Law enforcement officers' and correctional
68officers' rights.--All law enforcement officers and correctional
69officers employed by or appointed to a law enforcement agency or
70a correctional agency shall have the following rights and
71privileges:
72     (6)  LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.--
73     (a)  Except as provided in this subsection, no disciplinary
74action, demotion, or dismissal shall be undertaken by an agency
75against a law enforcement officer or correctional officer for
76any act, omission, or other allegation of misconduct if the
77investigation of such allegation is not completed within 180
78days after the date the agency receives notice of the allegation
79by a person authorized by the agency to initiate an
80investigation of the misconduct. In the event that the agency
81determines that disciplinary action is appropriate, it shall
82complete its investigation and give notice in writing to the law
83enforcement officer or correctional officer of its intent to
84proceed with disciplinary action, along with a proposal of the
85action sought. Such notice to the officer shall be provided
86within 180 days after the date the agency received notice of the
87alleged misconduct, except as follows:
88     1.  The running of the limitations period may be tolled for
89a period specified in a written waiver of the limitation by the
90law enforcement officer or correctional officer.
91     2.  The running of the limitations period shall be tolled
92during the time that any criminal investigation or prosecution
93is pending in connection with the act, omission, or other
94allegation of misconduct.
95     3.  If the investigation involves an officer who is
96incapacitated or otherwise unavailable, the running of the
97limitations period shall be tolled during the period of
98incapacitation or unavailability.
99     4.  In a multijurisdictional investigation, the limitations
100period may be extended for a period of time reasonably necessary
101to facilitate the coordination of the agencies involved.
102     (b)  An investigation against a law enforcement officer or
103correctional officer may be reopened, notwithstanding the
104limitations period for commencing disciplinary action, demotion,
105or dismissal, if:
106     1.  Significant new evidence has been discovered that is
107likely to affect the outcome of the investigation.
108     2.  The evidence could not have reasonably been discovered
109in the normal course of investigation or the evidence resulted
110from the predisciplinary response of the officer.
111
112Any disciplinary action resulting from an investigation that is
113reopened pursuant to this paragraph must be completed within 90
114days after the date the investigation is reopened.
115     Section 4.  Paragraph (a) of subsection (1) of section
116943.22, Florida Statutes, is amended to read:
117     943.22  Salary incentive program for full-time officers.--
118     (1)  For the purpose of this section, the term:
119     (a)  "Accredited college, university, or community college"
120means a college, university, or community college that which has
121been accredited by the Southern Association of Colleges and
122Schools, another regional accrediting agency, or the Accrediting
123Council for Independent Colleges and Schools, or an accrediting
124agency or association that is recognized by the database created
125and maintained by the United States Department of Education.
126     Section 5.  For the purpose of incorporating the amendment
127to section 112.19, Florida Statutes, in references thereto,
128paragraph (e) of subsection (4) of section 110.123, Florida
129Statutes, is reenacted to read:
130     110.123  State group insurance program.--
131     (4)  PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE; LIMITATION
132ON ACTIONS TO PAY AND COLLECT PREMIUMS.--
133     (e)  No state contribution for the cost of any part of the
134premium shall be made for retirees or surviving spouses for any
135type of coverage under the state group insurance program.
136However, any state agency that employs a full-time law
137enforcement officer, correctional officer, or correctional
138probation officer who is killed or suffers catastrophic injury
139in the line of duty as provided in s. 112.19, or a full-time
140firefighter who is killed or suffers catastrophic injury in the
141line of duty as provided in s. 112.191, shall pay the entire
142premium of the state group health insurance plan selected for
143the employee's surviving spouse until remarried, and for each
144dependent child of the employee, subject to the conditions and
145limitations set forth in s. 112.19 or s. 112.191, as applicable.
146     Section 6.  For the purpose of incorporating the amendment
147to section 112.19, Florida Statutes, in a reference thereto,
148subsection (3) of section 112.19, Florida Statutes, as amended
149by section 1 of chapter 2002-191, Laws of Florida, and section
15014 of chapter 2004-357, Laws of Florida, is reenacted to read:
151     112.19  Law enforcement, correctional, and correctional
152probation officers; death benefits.--
153     (3)  If a law enforcement, correctional, or correctional
154probation officer is accidentally killed as specified in
155paragraph (2)(b) on or after June 22, 1990, or unlawfully and
156intentionally killed as specified in paragraph (2)(c) on or
157after July 1, 1980, the state shall waive certain educational
158expenses that the child or spouse of the deceased officer incurs
159while obtaining a career certificate, an undergraduate
160education, or a postgraduate education. The amount waived by the
161state shall be an amount equal to the cost of tuition and
162matriculation and registration fees for a total of 120 credit
163hours. The child or spouse may attend a state career center, a
164state community college, or a state university. The child or
165spouse may attend any or all of the institutions specified in
166this subsection, on either a full-time or part-time basis. The
167benefits provided to a child under this subsection shall
168continue until the child's 25th birthday. The benefits provided
169to a spouse under this subsection must commence within 5 years
170after the death occurs, and entitlement thereto shall continue
171until the 10th anniversary of that death.
172     (a)  Upon failure of any child or spouse benefited by the
173provisions of this subsection to comply with the ordinary and
174minimum requirements of the institution attended, both as to
175discipline and scholarship, the benefits shall be withdrawn as
176to the child or spouse and no further moneys may be expended for
177the child's or spouse's benefits so long as such failure or
178delinquency continues.
179     (b)  Only a student in good standing in his or her
180respective institution may receive the benefits thereof.
181     (c)  A child or spouse receiving benefits under this
182subsection must be enrolled according to the customary rules and
183requirements of the institution attended.
184     Section 7.  For the purpose of incorporating the amendment
185to section 112.19, Florida Statutes, in a reference thereto,
186subsection (3) of section 112.19, Florida Statutes, as amended
187by section 1 of chapter 2002-232, Laws of Florida, section 9 of
188chapter 2003-1, Laws of Florida, and section 15 of chapter 2004-
189357, Laws of Florida, is reenacted to read:
190     112.19  Law enforcement, correctional, and correctional
191probation officers; death benefits.--
192     (3)  If a law enforcement, correctional, or correctional
193probation officer is accidentally killed as specified in
194paragraph (2)(b) on or after June 22, 1990, or unlawfully and
195intentionally killed as specified in paragraph (2)(c) on or
196after July 1, 1980, the state shall waive certain educational
197expenses that children of the deceased officer incur while
198obtaining a career certificate, an undergraduate education, or a
199graduate or postbaccalaureate professional degree. The amount
200waived by the state shall be an amount equal to the cost of
201tuition, matriculation, and other statutorily authorized fees
202for a total of 120 credit hours for a career certificate or an
203undergraduate education. For a child pursuing a graduate or
204postbaccalaureate professional degree, the amount waived shall
205equal the cost of matriculation and other statutorily authorized
206fees incurred while the child continues to fulfill the
207professional requirements associated with the graduate or
208postbaccalaureate professional degree program, and eligibility
209continues until the child's 29th birthday. The child may attend
210a state career center, a state community college, or a state
211university. The child may attend any or all of the institutions
212specified in this subsection, on either a full-time or part-time
213basis. For a child pursuing a career certificate or an
214undergraduate education, the benefits provided under this
215subsection shall continue to the child until the child's 25th
216birthday. To be eligible for the benefits provided under this
217subsection for enrollment in a graduate or postbaccalaureate
218professional degree program, the child must be a state resident,
219as defined in s. 1009.21, at the time of enrollment.
220     (a)  Upon failure of any child benefited by the provisions
221of this section to comply with the ordinary and minimum
222requirements of the institution attended, both as to discipline
223and scholarship, the benefits shall be withdrawn as to the child
224and no further moneys may be expended for the child's benefits
225so long as such failure or delinquency continues.
226     (b)  Only a student in good standing in his or her
227respective institution may receive the benefits thereof.
228     (c)  A child receiving benefits under this section must be
229enrolled according to the customary rules and requirements of
230the institution attended.
231     Section 8.  For the purpose of incorporating the amendment
232to section 112.19, Florida Statutes, in references thereto,
233subsection (4) of section 250.34, Florida Statutes, is reenacted
234to read:
235     250.34  Injury or death on state active duty.--
236     (4)  Each member of the Florida National Guard who is
237killed, or who dies as the result of injuries incurred, while on
238state active duty under competent orders qualifies for benefits
239as a law enforcement officer pursuant to s. 112.19 or any
240successor statute providing for death benefits for law
241enforcement officers, and the decedent's survivors or estate are
242entitled to the death benefits provided in s. 112.19. However,
243this section does not prohibit survivors or the estate of the
244decedent from presenting a claim bill for approval by the
245Legislature in addition to the death benefits provided in this
246section.
247     Section 9.  For the purpose of incorporating the amendment
248to section 112.19, Florida Statutes, in a reference thereto,
249paragraph (c) of subsection (2) of section 285.18, Florida
250Statutes, is reenacted to read:
251     285.18  Tribal council as governing body; powers and
252duties.--
253     (2)  The governing bodies of the special improvement
254districts shall have the duty and power:
255     (c)  To employ personnel to exercise law enforcement
256powers, including the investigation of violations of any of the
257criminal laws of the state occurring on reservations over which
258the state has assumed jurisdiction pursuant to s. 285.16.
259     1.  All law enforcement personnel employed shall be
260considered peace officers for all purposes and shall have the
261authority to bear arms, make arrests, and apply for, serve, and
262execute search warrants, arrest warrants, capias, and other
263process of the court, and to enforce criminal and noncriminal
264traffic offenses, within their respective special improvement
265districts.
266     2.  All law enforcement personnel shall be entitled to the
267privileges, protection, and benefits of ss. 112.19 and 870.05.
268     Section 10.  For the purpose of incorporating the amendment
269to section 112.19, Florida Statutes, in a reference thereto,
270paragraph (d) of subsection (2) of section 943.04, Florida
271Statutes, is reenacted to read:
272     943.04  Criminal Justice Investigations and Forensic
273Science Program; creation; investigative, forensic, and related
274authority.--
275     (2)
276     (d)  All investigators employed by the department shall be
277considered law enforcement officers for all purposes. The
278executive director shall have the authority to designate the
279person occupying any appropriate position within the department
280as a law enforcement officer, if such person is qualified under
281the department's personnel regulations relating to agents and is
282certified pursuant to s. 943.1395(1), and all persons thus
283employed by the department shall be considered law enforcement
284officers for all purposes and shall be entitled to the
285privileges, protection, and benefits of ss. 112.19, 121.051,
286122.34, and 870.05.
287     Section 11.  For the purpose of incorporating the amendment
288to section 112.19, Florida Statutes, in a reference thereto,
289subsection (2) of section 943.68, Florida Statutes, is reenacted
290to read:
291     943.68  Transportation and protective services.--
292     (2)  The department shall employ such personnel as may be
293necessary to carry out this responsibility, including uniformed
294and nonuniformed officers or agents who shall have authority to
295bear arms and make arrests, with or without warrant, for
296violations of any of the criminal laws of the state, under the
297same terms and conditions as investigative personnel of the
298department, and who shall be considered peace officers for all
299purposes, including, but not limited to, the privileges,
300protections, and benefits of ss. 112.19, 121.051, 122.34, and
301870.05.
302     Section 12.  This act shall take effect July 1, 2005, and
303shall apply to actions arising on or after that date.


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