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:

10  

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.

31  

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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.

19  

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.--

31  

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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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