Senate Bill sb0656
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Florida Senate - 2005 SB 656
By Senator Haridopolos
26-736-05 See HB 183
1 A bill to be entitled
2 An act relating to law enforcement and
3 correctional officers; providing a popular
4 name; amending s. 112.19, F.S.; providing death
5 benefits for law enforcement, correctional, or
6 correctional probation officers in certain
7 circumstances; amending s. 112.532, F.S.;
8 providing a limitations period for certain
9 actions involving the discipline, demotion, or
10 dismissal of a law enforcement officer or
11 correctional officer; providing for written
12 notification of such actions; providing
13 exceptions to the limitations period; providing
14 for the reopening of investigations and
15 subsequent disciplinary action in certain
16 circumstances; reenacting ss. 110.123(4)(e),
17 112.19(3), as amended by chs. 2002-191 and
18 2004-357, Laws of Florida, 112.19(3), as
19 amended by chs. 2002-232, 2003-1, and 2004-357,
20 Laws of Florida, 250.34(4), 285.18(2)(c),
21 943.04(2)(d), and 943.68(2), F.S., relating to
22 contributions under the state group insurance
23 program, educational benefits for children and
24 spouses of certain law enforcement personnel,
25 benefits for certain members of the Florida
26 National Guard, benefits for certain law
27 enforcement personnel employed by tribal
28 councils, benefits for certain law enforcement
29 personnel employed by the Department of Law
30 Enforcement in the Criminal Justice
31 Investigations and Forensic Science Program,
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Florida Senate - 2005 SB 656
26-736-05 See HB 183
1 and benefits for certain law enforcement
2 personnel employed by the Department of Law
3 Enforcement to provide certain security
4 involving the Governor, respectively, for the
5 purpose of incorporating the amendment to s.
6 112.19, F.S., in references thereto; providing
7 applicability; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. This act may be cited as the "Deputy James
12 M. Weaver Act."
13 Section 2. Paragraph (b) of subsection (2) of section
14 112.19, Florida Statutes, is amended to read:
15 112.19 Law enforcement, correctional, and correctional
16 probation officers; death benefits.--
17 (2)
18 (b) The sum of $50,000, as adjusted pursuant to
19 paragraph (j), shall be paid as provided in this section if a
20 law enforcement, correctional, or correctional probation
21 officer is accidentally killed as specified in paragraph (a)
22 and the accidental death occurs as a result of the officer's
23 response to fresh pursuit or to the officer's response to what
24 is reasonably believed to be an emergency, or if the officer
25 is accidentally killed at the scene of a traffic accident or
26 while enforcing what is reasonably believed to be a traffic
27 law or ordinance. This sum is in addition to any sum provided
28 for in paragraph (a). Notwithstanding any other provision of
29 law, in no case shall the amount payable under this subsection
30 be less than the actual amount stated therein.
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Florida Senate - 2005 SB 656
26-736-05 See HB 183
1 Section 3. Subsection (6) is added to section 112.532,
2 Florida Statutes, to read:
3 112.532 Law enforcement officers' and correctional
4 officers' rights.--All law enforcement officers and
5 correctional officers employed by or appointed to a law
6 enforcement agency or a correctional agency shall have the
7 following rights and privileges:
8 (6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.--
9 (a) Except as provided in this subsection, no
10 disciplinary action, demotion, or dismissal shall be
11 undertaken by an agency against a law enforcement officer or
12 correctional officer for any act, omission, or other
13 allegation of misconduct if the investigation of such
14 allegation is not completed within 180 days after the date the
15 agency receives notice of the allegation by a person
16 authorized by the agency to initiate an investigation of the
17 misconduct. In the event that the agency determines that
18 disciplinary action is appropriate, it shall complete its
19 investigation and give notice in writing to the law
20 enforcement officer or correctional officer of its intent to
21 proceed with disciplinary action, along with a proposal of the
22 action sought. Such notice to the officer shall be provided
23 within 180 days after the date the agency received notice of
24 the alleged misconduct, except as follows:
25 1. The running of the limitations period may be tolled
26 for a period specified in a written waiver of the limitation
27 by the law enforcement officer or correctional officer.
28 2. The running of the limitations period shall be
29 tolled during the time that any criminal investigation or
30 prosecution is pending in connection with the act, omission,
31 or other allegation of misconduct.
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Florida Senate - 2005 SB 656
26-736-05 See HB 183
1 3. If the investigation involves an officer who is
2 incapacitated or otherwise unavailable, the running of the
3 limitations period shall be tolled during the period of
4 incapacitation or unavailability.
5 4. In a multijurisdictional investigation, the
6 limitations period may be extended for a period of time
7 reasonably necessary to facilitate the coordination of the
8 agencies involved.
9 (b) An investigation against a law enforcement officer
10 or correctional officer may be reopened, notwithstanding the
11 limitations period for commencing disciplinary action,
12 demotion, or dismissal, if:
13 1. Significant new evidence has been discovered that
14 is likely to affect the outcome of the investigation.
15 2. The evidence could not have reasonably been
16 discovered in the normal course of investigation or the
17 evidence resulted from the predisciplinary response of the
18 officer.
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20 Any disciplinary action resulting from an investigation that
21 is reopened pursuant to this paragraph must be completed
22 within 90 days after the date the investigation is reopened.
23 Section 4. For the purpose of incorporating the
24 amendment to section 112.19, Florida Statutes, in a reference
25 thereto, paragraph (e) of subsection (4) of section 110.123,
26 Florida Statutes, is reenacted to read:
27 110.123 State group insurance program.--
28 (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;
29 LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--
30 (e) No state contribution for the cost of any part of
31 the premium shall be made for retirees or surviving spouses
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Florida Senate - 2005 SB 656
26-736-05 See HB 183
1 for any type of coverage under the state group insurance
2 program. However, any state agency that employs a full-time
3 law enforcement officer, correctional officer, or correctional
4 probation officer who is killed or suffers catastrophic injury
5 in the line of duty as provided in s. 112.19, or a full-time
6 firefighter who is killed or suffers catastrophic injury in
7 the line of duty as provided in s. 112.191, shall pay the
8 entire premium of the state group health insurance plan
9 selected for the employee's surviving spouse until remarried,
10 and for each dependent child of the employee, subject to the
11 conditions and limitations set forth in s. 112.19 or s.
12 112.191, as applicable.
13 Section 5. For the purpose of incorporating the
14 amendment to section 112.19, Florida Statutes, in a reference
15 thereto, subsection (3) of section 112.19, Florida Statutes,
16 as amended by section 1 of chapter 2002-191, Laws of Florida,
17 and section 14 of chapter 2004-357, Laws of Florida, is
18 reenacted to read:
19 112.19 Law enforcement, correctional, and correctional
20 probation officers; death benefits.--
21 (3) If a law enforcement, correctional, or
22 correctional probation officer is accidentally killed as
23 specified in paragraph (2)(b) on or after June 22, 1990, or
24 unlawfully and intentionally killed as specified in paragraph
25 (2)(c) on or after July 1, 1980, the state shall waive certain
26 educational expenses that the child or spouse of the deceased
27 officer incurs while obtaining a career certificate, an
28 undergraduate education, or a postgraduate education. The
29 amount waived by the state shall be an amount equal to the
30 cost of tuition and matriculation and registration fees for a
31 total of 120 credit hours. The child or spouse may attend a
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Florida Senate - 2005 SB 656
26-736-05 See HB 183
1 state career center, a state community college, or a state
2 university. The child or spouse may attend any or all of the
3 institutions specified in this subsection, on either a
4 full-time or part-time basis. The benefits provided to a child
5 under this subsection shall continue until the child's 25th
6 birthday. The benefits provided to a spouse under this
7 subsection must commence within 5 years after the death
8 occurs, and entitlement thereto shall continue until the 10th
9 anniversary of that death.
10 (a) Upon failure of any child or spouse benefited by
11 the provisions of this subsection to comply with the ordinary
12 and minimum requirements of the institution attended, both as
13 to discipline and scholarship, the benefits shall be withdrawn
14 as to the child or spouse and no further moneys may be
15 expended for the child's or spouse's benefits so long as such
16 failure or delinquency continues.
17 (b) Only a student in good standing in his or her
18 respective institution may receive the benefits thereof.
19 (c) A child or spouse receiving benefits under this
20 subsection must be enrolled according to the customary rules
21 and requirements of the institution attended.
22 Section 6. For the purpose of incorporating the
23 amendment to section 112.19, Florida Statutes, in a reference
24 thereto, subsection (3) of section 112.19, Florida Statutes,
25 as amended by section 1 of chapter 2002-232, Laws of Florida,
26 section 9 of chapter 2003-1, Laws of Florida, and section 15
27 of chapter 2004-357, Laws of Florida, is reenacted to read:
28 112.19 Law enforcement, correctional, and correctional
29 probation officers; death benefits.--
30 (3) If a law enforcement, correctional, or
31 correctional probation officer is accidentally killed as
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Florida Senate - 2005 SB 656
26-736-05 See HB 183
1 specified in paragraph (2)(b) on or after June 22, 1990, or
2 unlawfully and intentionally killed as specified in paragraph
3 (2)(c) on or after July 1, 1980, the state shall waive certain
4 educational expenses that children of the deceased officer
5 incur while obtaining a career certificate, an undergraduate
6 education, or a graduate or postbaccalaureate professional
7 degree. The amount waived by the state shall be an amount
8 equal to the cost of tuition, matriculation, and other
9 statutorily authorized fees for a total of 120 credit hours
10 for a career certificate or an undergraduate education. For a
11 child pursuing a graduate or postbaccalaureate professional
12 degree, the amount waived shall equal the cost of
13 matriculation and other statutorily authorized fees incurred
14 while the child continues to fulfill the professional
15 requirements associated with the graduate or postbaccalaureate
16 professional degree program, and eligibility continues until
17 the child's 29th birthday. The child may attend a state career
18 center, a state community college, or a state university. The
19 child may attend any or all of the institutions specified in
20 this subsection, on either a full-time or part-time basis. For
21 a child pursuing a career certificate or an undergraduate
22 education, the benefits provided under this subsection shall
23 continue to the child until the child's 25th birthday. To be
24 eligible for the benefits provided under this subsection for
25 enrollment in a graduate or postbaccalaureate professional
26 degree program, the child must be a state resident, as defined
27 in s. 1009.21, at the time of enrollment.
28 (a) Upon failure of any child benefited by the
29 provisions of this section to comply with the ordinary and
30 minimum requirements of the institution attended, both as to
31 discipline and scholarship, the benefits shall be withdrawn as
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Florida Senate - 2005 SB 656
26-736-05 See HB 183
1 to the child and no further moneys may be expended for the
2 child's benefits so long as such failure or delinquency
3 continues.
4 (b) Only a student in good standing in his or her
5 respective institution may receive the benefits thereof.
6 (c) A child receiving benefits under this section must
7 be enrolled according to the customary rules and requirements
8 of the institution attended.
9 Section 7. For the purpose of incorporating the
10 amendment to section 112.19, Florida Statutes, in a reference
11 thereto, subsection (4) of section 250.34, Florida Statutes,
12 is reenacted to read:
13 250.34 Injury or death on state active duty.--
14 (4) Each member of the Florida National Guard who is
15 killed, or who dies as the result of injuries incurred, while
16 on state active duty under competent orders qualifies for
17 benefits as a law enforcement officer pursuant to s. 112.19 or
18 any successor statute providing for death benefits for law
19 enforcement officers, and the decedent's survivors or estate
20 are entitled to the death benefits provided in s. 112.19.
21 However, this section does not prohibit survivors or the
22 estate of the decedent from presenting a claim bill for
23 approval by the Legislature in addition to the death benefits
24 provided in this section.
25 Section 8. For the purpose of incorporating the
26 amendment to section 112.19, Florida Statutes, in a reference
27 thereto, paragraph (c) of subsection (2) of section 285.18,
28 Florida Statutes, is reenacted to read:
29 285.18 Tribal council as governing body; powers and
30 duties.--
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Florida Senate - 2005 SB 656
26-736-05 See HB 183
1 (2) The governing bodies of the special improvement
2 districts shall have the duty and power:
3 (c) To employ personnel to exercise law enforcement
4 powers, including the investigation of violations of any of
5 the criminal laws of the state occurring on reservations over
6 which the state has assumed jurisdiction pursuant to s.
7 285.16.
8 1. All law enforcement personnel employed shall be
9 considered peace officers for all purposes and shall have the
10 authority to bear arms, make arrests, and apply for, serve,
11 and execute search warrants, arrest warrants, capias, and
12 other process of the court, and to enforce criminal and
13 noncriminal traffic offenses, within their respective special
14 improvement districts.
15 2. All law enforcement personnel shall be entitled to
16 the privileges, protection, and benefits of ss. 112.19 and
17 870.05.
18 Section 9. For the purpose of incorporating the
19 amendment to section 112.19, Florida Statutes, in a reference
20 thereto, paragraph (d) of subsection (2) of section 943.04,
21 Florida Statutes, is reenacted to read:
22 943.04 Criminal Justice Investigations and Forensic
23 Science Program; creation; investigative, forensic, and
24 related authority.--
25 (2)
26 (d) All investigators employed by the department shall
27 be considered law enforcement officers for all purposes. The
28 executive director shall have the authority to designate the
29 person occupying any appropriate position within the
30 department as a law enforcement officer, if such person is
31 qualified under the department's personnel regulations
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Florida Senate - 2005 SB 656
26-736-05 See HB 183
1 relating to agents and is certified pursuant to s.
2 943.1395(1), and all persons thus employed by the department
3 shall be considered law enforcement officers for all purposes
4 and shall be entitled to the privileges, protection, and
5 benefits of ss. 112.19, 121.051, 122.34, and 870.05.
6 Section 10. For the purpose of incorporating the
7 amendment to section 112.19, Florida Statutes, in a reference
8 thereto, subsection (2) of section 943.68, Florida Statutes,
9 is reenacted to read:
10 943.68 Transportation and protective services.--
11 (2) The department shall employ such personnel as may
12 be necessary to carry out this responsibility, including
13 uniformed and nonuniformed officers or agents who shall have
14 authority to bear arms and make arrests, with or without
15 warrant, for violations of any of the criminal laws of the
16 state, under the same terms and conditions as investigative
17 personnel of the department, and who shall be considered peace
18 officers for all purposes, including, but not limited to, the
19 privileges, protections, and benefits of ss. 112.19, 121.051,
20 122.34, and 870.05.
21 Section 11. This act shall take effect July 1, 2005,
22 and shall apply to actions arising on or after that date.
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