1 | The Justice Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to law enforcement and correctional |
7 | officers; providing a popular name; amending s. 112.19, |
8 | F.S.; providing death benefits for law enforcement, |
9 | correctional, or correctional probation officers in |
10 | certain circumstances; amending s. 112.532, F.S.; |
11 | providing a limitations period for certain actions |
12 | involving the discipline, demotion, or dismissal of a law |
13 | enforcement officer or correctional officer; providing for |
14 | written notification of such actions; providing exceptions |
15 | to the limitations period; providing for the reopening of |
16 | investigations and subsequent disciplinary action in |
17 | certain circumstances; amending s. 943.22, F.S.; revising |
18 | definitions relating to qualification of certain law |
19 | enforcement officers for a salary incentive program; |
20 | reenacting ss. 110.123(4)(e), 112.19(3), as amended by |
21 | chs. 2002-191 and 2004-357, Laws of Florida, 112.19(3), as |
22 | amended by chs. 2002-232, 2003-1, and 2004-357, Laws of |
23 | Florida, 250.34(4), 285.18(2)(c), 943.04(2)(d), and |
24 | 943.68(2), F.S., relating to contributions under the state |
25 | group insurance program, educational benefits for children |
26 | and spouses of certain law enforcement personnel, benefits |
27 | for certain members of the Florida National Guard, |
28 | benefits for certain law enforcement personnel employed by |
29 | tribal councils, benefits for certain law enforcement |
30 | personnel employed by the Department of Law Enforcement in |
31 | the Criminal Justice Investigations and Forensic Science |
32 | Program, and benefits for certain law enforcement |
33 | personnel employed by the Department of Law Enforcement to |
34 | provide certain security involving the Governor, |
35 | respectively, for the purpose of incorporating the |
36 | amendment to s. 112.19, F.S., in references thereto; |
37 | providing applicability; providing an effective date. |
38 |
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39 | Be It Enacted by the Legislature of the State of Florida: |
40 |
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41 | Section 1. This act may be cited as the "Deputy James M. |
42 | Weaver Act." |
43 | Section 2. Paragraph (b) of subsection (2) of section |
44 | 112.19, Florida Statutes, is amended to read: |
45 | 112.19 Law enforcement, correctional, and correctional |
46 | probation 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 |
50 | enforcement, correctional, or correctional probation officer is |
51 | accidentally killed as specified in paragraph (a) and the |
52 | accidental 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 |
55 | reasonably believed to be an emergency; |
56 | 3. At the scene of a traffic accident to which the officer |
57 | has responded; or |
58 | 4. While the officer is enforcing what is reasonably |
59 | believed to be a traffic law or ordinance. |
60 |
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61 | This sum is in addition to any sum provided for in paragraph |
62 | (a). Notwithstanding any other provision of law, in no case |
63 | shall the amount payable under this subsection be less than the |
64 | actual amount stated therein. |
65 | Section 3. Subsection (6) is added to section 112.532, |
66 | Florida Statutes, to read: |
67 | 112.532 Law enforcement officers' and correctional |
68 | officers' rights.--All law enforcement officers and correctional |
69 | officers employed by or appointed to a law enforcement agency or |
70 | a correctional agency shall have the following rights and |
71 | privileges: |
72 | (6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.-- |
73 | (a) Except as provided in this subsection, no disciplinary |
74 | action, demotion, or dismissal shall be undertaken by an agency |
75 | against a law enforcement officer or correctional officer for |
76 | any act, omission, or other allegation of misconduct if the |
77 | investigation of such allegation is not completed within 180 |
78 | days after the date the agency receives notice of the allegation |
79 | by a person authorized by the agency to initiate an |
80 | investigation of the misconduct. In the event that the agency |
81 | determines that disciplinary action is appropriate, it shall |
82 | complete its investigation and give notice in writing to the law |
83 | enforcement officer or correctional officer of its intent to |
84 | proceed with disciplinary action, along with a proposal of the |
85 | action sought. Such notice to the officer shall be provided |
86 | within 180 days after the date the agency received notice of the |
87 | alleged misconduct, except as follows: |
88 | 1. The running of the limitations period may be tolled for |
89 | a period specified in a written waiver of the limitation by the |
90 | law enforcement officer or correctional officer. |
91 | 2. The running of the limitations period shall be tolled |
92 | during the time that any criminal investigation or prosecution |
93 | is pending in connection with the act, omission, or other |
94 | allegation of misconduct. |
95 | 3. If the investigation involves an officer who is |
96 | incapacitated or otherwise unavailable, the running of the |
97 | limitations period shall be tolled during the period of |
98 | incapacitation or unavailability. |
99 | 4. In a multijurisdictional investigation, the limitations |
100 | period may be extended for a period of time reasonably necessary |
101 | to facilitate the coordination of the agencies involved. |
102 | (b) An investigation against a law enforcement officer or |
103 | correctional officer may be reopened, notwithstanding the |
104 | limitations period for commencing disciplinary action, demotion, |
105 | or dismissal, if: |
106 | 1. Significant new evidence has been discovered that is |
107 | likely to affect the outcome of the investigation. |
108 | 2. The evidence could not have reasonably been discovered |
109 | in the normal course of investigation or the evidence resulted |
110 | from the predisciplinary response of the officer. |
111 |
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112 | Any disciplinary action resulting from an investigation that is |
113 | reopened pursuant to this paragraph must be completed within 90 |
114 | days after the date the investigation is reopened. |
115 | Section 4. Paragraph (a) of subsection (1) of section |
116 | 943.22, 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" |
120 | means a college, university, or community college that which has |
121 | been accredited by the Southern Association of Colleges and |
122 | Schools, another regional accrediting agency, or the Accrediting |
123 | Council for Independent Colleges and Schools, or an accrediting |
124 | agency or association that is recognized by the database created |
125 | and maintained by the United States Department of Education. |
126 | Section 5. For the purpose of incorporating the amendment |
127 | to section 112.19, Florida Statutes, in references thereto, |
128 | paragraph (e) of subsection (4) of section 110.123, Florida |
129 | Statutes, is reenacted to read: |
130 | 110.123 State group insurance program.-- |
131 | (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE; LIMITATION |
132 | ON ACTIONS TO PAY AND COLLECT PREMIUMS.-- |
133 | (e) No state contribution for the cost of any part of the |
134 | premium shall be made for retirees or surviving spouses for any |
135 | type of coverage under the state group insurance program. |
136 | However, any state agency that employs a full-time law |
137 | enforcement officer, correctional officer, or correctional |
138 | probation officer who is killed or suffers catastrophic injury |
139 | in the line of duty as provided in s. 112.19, or a full-time |
140 | firefighter who is killed or suffers catastrophic injury in the |
141 | line of duty as provided in s. 112.191, shall pay the entire |
142 | premium of the state group health insurance plan selected for |
143 | the employee's surviving spouse until remarried, and for each |
144 | dependent child of the employee, subject to the conditions and |
145 | limitations set forth in s. 112.19 or s. 112.191, as applicable. |
146 | Section 6. For the purpose of incorporating the amendment |
147 | to section 112.19, Florida Statutes, in a reference thereto, |
148 | subsection (3) of section 112.19, Florida Statutes, as amended |
149 | by section 1 of chapter 2002-191, Laws of Florida, and section |
150 | 14 of chapter 2004-357, Laws of Florida, is reenacted to read: |
151 | 112.19 Law enforcement, correctional, and correctional |
152 | probation officers; death benefits.-- |
153 | (3) If a law enforcement, correctional, or correctional |
154 | probation officer is accidentally killed as specified in |
155 | paragraph (2)(b) on or after June 22, 1990, or unlawfully and |
156 | intentionally killed as specified in paragraph (2)(c) on or |
157 | after July 1, 1980, the state shall waive certain educational |
158 | expenses that the child or spouse of the deceased officer incurs |
159 | while obtaining a career certificate, an undergraduate |
160 | education, or a postgraduate education. The amount waived by the |
161 | state shall be an amount equal to the cost of tuition and |
162 | matriculation and registration fees for a total of 120 credit |
163 | hours. The child or spouse may attend a state career center, a |
164 | state community college, or a state university. The child or |
165 | spouse may attend any or all of the institutions specified in |
166 | this subsection, on either a full-time or part-time basis. The |
167 | benefits provided to a child under this subsection shall |
168 | continue until the child's 25th birthday. The benefits provided |
169 | to a spouse under this subsection must commence within 5 years |
170 | after the death occurs, and entitlement thereto shall continue |
171 | until the 10th anniversary of that death. |
172 | (a) Upon failure of any child or spouse benefited by the |
173 | provisions of this subsection to comply with the ordinary and |
174 | minimum requirements of the institution attended, both as to |
175 | discipline and scholarship, the benefits shall be withdrawn as |
176 | to the child or spouse and no further moneys may be expended for |
177 | the child's or spouse's benefits so long as such failure or |
178 | delinquency continues. |
179 | (b) Only a student in good standing in his or her |
180 | respective institution may receive the benefits thereof. |
181 | (c) A child or spouse receiving benefits under this |
182 | subsection must be enrolled according to the customary rules and |
183 | requirements of the institution attended. |
184 | Section 7. For the purpose of incorporating the amendment |
185 | to section 112.19, Florida Statutes, in a reference thereto, |
186 | subsection (3) of section 112.19, Florida Statutes, as amended |
187 | by section 1 of chapter 2002-232, Laws of Florida, section 9 of |
188 | chapter 2003-1, Laws of Florida, and section 15 of chapter 2004- |
189 | 357, Laws of Florida, is reenacted to read: |
190 | 112.19 Law enforcement, correctional, and correctional |
191 | probation officers; death benefits.-- |
192 | (3) If a law enforcement, correctional, or correctional |
193 | probation officer is accidentally killed as specified in |
194 | paragraph (2)(b) on or after June 22, 1990, or unlawfully and |
195 | intentionally killed as specified in paragraph (2)(c) on or |
196 | after July 1, 1980, the state shall waive certain educational |
197 | expenses that children of the deceased officer incur while |
198 | obtaining a career certificate, an undergraduate education, or a |
199 | graduate or postbaccalaureate professional degree. The amount |
200 | waived by the state shall be an amount equal to the cost of |
201 | tuition, matriculation, and other statutorily authorized fees |
202 | for a total of 120 credit hours for a career certificate or an |
203 | undergraduate education. For a child pursuing a graduate or |
204 | postbaccalaureate professional degree, the amount waived shall |
205 | equal the cost of matriculation and other statutorily authorized |
206 | fees incurred while the child continues to fulfill the |
207 | professional requirements associated with the graduate or |
208 | postbaccalaureate professional degree program, and eligibility |
209 | continues until the child's 29th birthday. The child may attend |
210 | a state career center, a state community college, or a state |
211 | university. The child may attend any or all of the institutions |
212 | specified in this subsection, on either a full-time or part-time |
213 | basis. For a child pursuing a career certificate or an |
214 | undergraduate education, the benefits provided under this |
215 | subsection shall continue to the child until the child's 25th |
216 | birthday. To be eligible for the benefits provided under this |
217 | subsection for enrollment in a graduate or postbaccalaureate |
218 | professional degree program, the child must be a state resident, |
219 | as defined in s. 1009.21, at the time of enrollment. |
220 | (a) Upon failure of any child benefited by the provisions |
221 | of this section to comply with the ordinary and minimum |
222 | requirements of the institution attended, both as to discipline |
223 | and scholarship, the benefits shall be withdrawn as to the child |
224 | and no further moneys may be expended for the child's benefits |
225 | so long as such failure or delinquency continues. |
226 | (b) Only a student in good standing in his or her |
227 | respective institution may receive the benefits thereof. |
228 | (c) A child receiving benefits under this section must be |
229 | enrolled according to the customary rules and requirements of |
230 | the institution attended. |
231 | Section 8. For the purpose of incorporating the amendment |
232 | to section 112.19, Florida Statutes, in references thereto, |
233 | subsection (4) of section 250.34, Florida Statutes, is reenacted |
234 | to read: |
235 | 250.34 Injury or death on state active duty.-- |
236 | (4) Each member of the Florida National Guard who is |
237 | killed, or who dies as the result of injuries incurred, while on |
238 | state active duty under competent orders qualifies for benefits |
239 | as a law enforcement officer pursuant to s. 112.19 or any |
240 | successor statute providing for death benefits for law |
241 | enforcement officers, and the decedent's survivors or estate are |
242 | entitled to the death benefits provided in s. 112.19. However, |
243 | this section does not prohibit survivors or the estate of the |
244 | decedent from presenting a claim bill for approval by the |
245 | Legislature in addition to the death benefits provided in this |
246 | section. |
247 | Section 9. For the purpose of incorporating the amendment |
248 | to section 112.19, Florida Statutes, in a reference thereto, |
249 | paragraph (c) of subsection (2) of section 285.18, Florida |
250 | Statutes, is reenacted to read: |
251 | 285.18 Tribal council as governing body; powers and |
252 | duties.-- |
253 | (2) The governing bodies of the special improvement |
254 | districts shall have the duty and power: |
255 | (c) To employ personnel to exercise law enforcement |
256 | powers, including the investigation of violations of any of the |
257 | criminal laws of the state occurring on reservations over which |
258 | the state has assumed jurisdiction pursuant to s. 285.16. |
259 | 1. All law enforcement personnel employed shall be |
260 | considered peace officers for all purposes and shall have the |
261 | authority to bear arms, make arrests, and apply for, serve, and |
262 | execute search warrants, arrest warrants, capias, and other |
263 | process of the court, and to enforce criminal and noncriminal |
264 | traffic offenses, within their respective special improvement |
265 | districts. |
266 | 2. All law enforcement personnel shall be entitled to the |
267 | privileges, protection, and benefits of ss. 112.19 and 870.05. |
268 | Section 10. For the purpose of incorporating the amendment |
269 | to section 112.19, Florida Statutes, in a reference thereto, |
270 | paragraph (d) of subsection (2) of section 943.04, Florida |
271 | Statutes, is reenacted to read: |
272 | 943.04 Criminal Justice Investigations and Forensic |
273 | Science Program; creation; investigative, forensic, and related |
274 | authority.-- |
275 | (2) |
276 | (d) All investigators employed by the department shall be |
277 | considered law enforcement officers for all purposes. The |
278 | executive director shall have the authority to designate the |
279 | person occupying any appropriate position within the department |
280 | as a law enforcement officer, if such person is qualified under |
281 | the department's personnel regulations relating to agents and is |
282 | certified pursuant to s. 943.1395(1), and all persons thus |
283 | employed by the department shall be considered law enforcement |
284 | officers for all purposes and shall be entitled to the |
285 | privileges, protection, and benefits of ss. 112.19, 121.051, |
286 | 122.34, and 870.05. |
287 | Section 11. For the purpose of incorporating the amendment |
288 | to section 112.19, Florida Statutes, in a reference thereto, |
289 | subsection (2) of section 943.68, Florida Statutes, is reenacted |
290 | to read: |
291 | 943.68 Transportation and protective services.-- |
292 | (2) The department shall employ such personnel as may be |
293 | necessary to carry out this responsibility, including uniformed |
294 | and nonuniformed officers or agents who shall have authority to |
295 | bear arms and make arrests, with or without warrant, for |
296 | violations of any of the criminal laws of the state, under the |
297 | same terms and conditions as investigative personnel of the |
298 | department, and who shall be considered peace officers for all |
299 | purposes, including, but not limited to, the privileges, |
300 | protections, and benefits of ss. 112.19, 121.051, 122.34, and |
301 | 870.05. |
302 | Section 12. This act shall take effect July 1, 2005, and |
303 | shall apply to actions arising on or after that date. |