Senate Bill sb0656c1
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Florida Senate - 2005 CS for SB 656
By the Committee on Ways and Means; and Senators Haridopolos,
Posey, Wise, Peaden, Fasano, Campbell, Klein and Garcia
576-2113-05
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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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.
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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 under 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:
23 1. As a result of the officer's response to fresh
24 pursuit;
25 2. As a result of or to the officer's response to what
26 is reasonably believed to be an emergency;
27 3. At the scene of a traffic accident to which the
28 officer has responded; or
29 4. While the officer is enforcing what is reasonably
30 believed to be a traffic law or ordinance.
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1 This sum is in addition to any sum provided for in paragraph
2 (a). Notwithstanding any other provision of law, in no case
3 shall the amount payable under this subsection be less than
4 the actual amount stated therein.
5 Section 3. Subsection (6) is added to section 112.532,
6 Florida Statutes, to read:
7 112.532 Law enforcement officers' and correctional
8 officers' rights.--All law enforcement officers and
9 correctional officers employed by or appointed to a law
10 enforcement agency or a correctional agency shall have the
11 following rights and privileges:
12 (6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.--
13 (a) Except as provided in this subsection, no
14 disciplinary action, demotion, or dismissal shall be
15 undertaken by an agency against a law enforcement officer or
16 correctional officer for any act, omission, or other
17 allegation of misconduct if the investigation of such
18 allegation is not completed within 180 days after the date the
19 agency receives notice of the allegation by a person
20 authorized by the agency to initiate an investigation of the
21 misconduct. In the event that the agency determines that
22 disciplinary action is appropriate, it shall complete its
23 investigation and give notice in writing to the law
24 enforcement officer or correctional officer of its intent to
25 proceed with disciplinary action, along with a proposal of the
26 action sought. Such notice to the officer shall be provided
27 within 180 days after the date the agency received notice of
28 the alleged misconduct, except as follows:
29 1. The running of the limitations period may be tolled
30 for a period specified in a written waiver of the limitation
31 by the law enforcement officer or correctional officer.
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1 2. The running of the limitations period shall be
2 tolled during the time that any criminal investigation or
3 prosecution is pending in connection with the act, omission,
4 or other allegation of misconduct.
5 3. If the investigation involves an officer who is
6 incapacitated or otherwise unavailable, the running of the
7 limitations period shall be tolled during the period of
8 incapacitation or unavailability.
9 4. In a multijurisdictional investigation, the
10 limitations period may be extended for a period of time
11 reasonably necessary to facilitate the coordination of the
12 agencies involved.
13 (b) An investigation against a law enforcement officer
14 or correctional officer may be reopened, notwithstanding the
15 limitations period for commencing disciplinary action,
16 demotion, or dismissal, if:
17 1. Significant new evidence has been discovered that
18 is likely to affect the outcome of the investigation.
19 2. The evidence could not have reasonably been
20 discovered in the normal course of investigation or the
21 evidence resulted from the predisciplinary response of the
22 officer.
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24 Any disciplinary action resulting from an investigation that
25 is reopened pursuant to this paragraph must be completed
26 within 90 days after the date the investigation is reopened.
27 Section 4. For the purpose of incorporating the
28 amendment to section 112.19, Florida Statutes, in a reference
29 thereto, paragraph (e) of subsection (4) of section 110.123,
30 Florida Statutes, is reenacted to read:
31 110.123 State group insurance program.--
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1 (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;
2 LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--
3 (e) No state contribution for the cost of any part of
4 the premium shall be made for retirees or surviving spouses
5 for any type of coverage under the state group insurance
6 program. However, any state agency that employs a full-time
7 law enforcement officer, correctional officer, or correctional
8 probation officer who is killed or suffers catastrophic injury
9 in the line of duty as provided in s. 112.19, or a full-time
10 firefighter who is killed or suffers catastrophic injury in
11 the line of duty as provided in s. 112.191, shall pay the
12 entire premium of the state group health insurance plan
13 selected for the employee's surviving spouse until remarried,
14 and for each dependent child of the employee, subject to the
15 conditions and limitations set forth in s. 112.19 or s.
16 112.191, as applicable.
17 Section 5. For the purpose of incorporating the
18 amendment to section 112.19, Florida Statutes, in a reference
19 thereto, subsection (3) of section 112.19, Florida Statutes,
20 as amended by section 1 of chapter 2002-191, Laws of Florida,
21 and section 14 of chapter 2004-357, Laws of Florida, is
22 reenacted to read:
23 112.19 Law enforcement, correctional, and correctional
24 probation officers; death benefits.--
25 (3) If a law enforcement, correctional, or
26 correctional probation officer is accidentally killed as
27 specified in paragraph (2)(b) on or after June 22, 1990, or
28 unlawfully and intentionally killed as specified in paragraph
29 (2)(c) on or after July 1, 1980, the state shall waive certain
30 educational expenses that the child or spouse of the deceased
31 officer incurs while obtaining a career certificate, an
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1 undergraduate education, or a postgraduate education. The
2 amount waived by the state shall be an amount equal to the
3 cost of tuition and matriculation and registration fees for a
4 total of 120 credit hours. The child or spouse may attend a
5 state career center, a state community college, or a state
6 university. The child or spouse may attend any or all of the
7 institutions specified in this subsection, on either a
8 full-time or part-time basis. The benefits provided to a child
9 under this subsection shall continue until the child's 25th
10 birthday. The benefits provided to a spouse under this
11 subsection must commence within 5 years after the death
12 occurs, and entitlement thereto shall continue until the 10th
13 anniversary of that death.
14 (a) Upon failure of any child or spouse benefited by
15 the provisions of this subsection to comply with the ordinary
16 and minimum requirements of the institution attended, both as
17 to discipline and scholarship, the benefits shall be withdrawn
18 as to the child or spouse and no further moneys may be
19 expended for the child's or spouse's benefits so long as such
20 failure or delinquency continues.
21 (b) Only a student in good standing in his or her
22 respective institution may receive the benefits thereof.
23 (c) A child or spouse receiving benefits under this
24 subsection must be enrolled according to the customary rules
25 and requirements of the institution attended.
26 Section 6. For the purpose of incorporating the
27 amendment to section 112.19, Florida Statutes, in a reference
28 thereto, subsection (3) of section 112.19, Florida Statutes,
29 as amended by section 1 of chapter 2002-232, Laws of Florida,
30 section 9 of chapter 2003-1, Laws of Florida, and section 15
31 of chapter 2004-357, Laws of Florida, is reenacted to read:
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1 112.19 Law enforcement, correctional, and correctional
2 probation officers; death benefits.--
3 (3) If a law enforcement, correctional, or
4 correctional probation officer is accidentally killed as
5 specified in paragraph (2)(b) on or after June 22, 1990, or
6 unlawfully and intentionally killed as specified in paragraph
7 (2)(c) on or after July 1, 1980, the state shall waive certain
8 educational expenses that children of the deceased officer
9 incur while obtaining a career certificate, an undergraduate
10 education, or a graduate or postbaccalaureate professional
11 degree. The amount waived by the state shall be an amount
12 equal to the cost of tuition, matriculation, and other
13 statutorily authorized fees for a total of 120 credit hours
14 for a career certificate or an undergraduate education. For a
15 child pursuing a graduate or postbaccalaureate professional
16 degree, the amount waived shall equal the cost of
17 matriculation and other statutorily authorized fees incurred
18 while the child continues to fulfill the professional
19 requirements associated with the graduate or postbaccalaureate
20 professional degree program, and eligibility continues until
21 the child's 29th birthday. The child may attend a state career
22 center, a state community college, or a state university. The
23 child may attend any or all of the institutions specified in
24 this subsection, on either a full-time or part-time basis. For
25 a child pursuing a career certificate or an undergraduate
26 education, the benefits provided under this subsection shall
27 continue to the child until the child's 25th birthday. To be
28 eligible for the benefits provided under this subsection for
29 enrollment in a graduate or postbaccalaureate professional
30 degree program, the child must be a state resident, as defined
31 in s. 1009.21, at the time of enrollment.
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1 (a) Upon failure of any child benefited by the
2 provisions of this section to comply with the ordinary and
3 minimum requirements of the institution attended, both as to
4 discipline and scholarship, the benefits shall be withdrawn as
5 to the child and no further moneys may be expended for the
6 child's benefits so long as such failure or delinquency
7 continues.
8 (b) Only a student in good standing in his or her
9 respective institution may receive the benefits thereof.
10 (c) A child receiving benefits under this section must
11 be enrolled according to the customary rules and requirements
12 of the institution attended.
13 Section 7. For the purpose of incorporating the
14 amendment to section 112.19, Florida Statutes, in a reference
15 thereto, subsection (4) of section 250.34, Florida Statutes,
16 is reenacted to read:
17 250.34 Injury or death on state active duty.--
18 (4) Each member of the Florida National Guard who is
19 killed, or who dies as the result of injuries incurred, while
20 on state active duty under competent orders qualifies for
21 benefits as a law enforcement officer pursuant to s. 112.19 or
22 any successor statute providing for death benefits for law
23 enforcement officers, and the decedent's survivors or estate
24 are entitled to the death benefits provided in s. 112.19.
25 However, this section does not prohibit survivors or the
26 estate of the decedent from presenting a claim bill for
27 approval by the Legislature in addition to the death benefits
28 provided in this section.
29 Section 8. For the purpose of incorporating the
30 amendment to section 112.19, Florida Statutes, in a reference
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1 thereto, paragraph (c) of subsection (2) of section 285.18,
2 Florida Statutes, is reenacted to read:
3 285.18 Tribal council as governing body; powers and
4 duties.--
5 (2) The governing bodies of the special improvement
6 districts shall have the duty and power:
7 (c) To employ personnel to exercise law enforcement
8 powers, including the investigation of violations of any of
9 the criminal laws of the state occurring on reservations over
10 which the state has assumed jurisdiction pursuant to s.
11 285.16.
12 1. All law enforcement personnel employed shall be
13 considered peace officers for all purposes and shall have the
14 authority to bear arms, make arrests, and apply for, serve,
15 and execute search warrants, arrest warrants, capias, and
16 other process of the court, and to enforce criminal and
17 noncriminal traffic offenses, within their respective special
18 improvement districts.
19 2. All law enforcement personnel shall be entitled to
20 the privileges, protection, and benefits of ss. 112.19 and
21 870.05.
22 Section 9. For the purpose of incorporating the
23 amendment to section 112.19, Florida Statutes, in a reference
24 thereto, paragraph (d) of subsection (2) of section 943.04,
25 Florida Statutes, is reenacted to read:
26 943.04 Criminal Justice Investigations and Forensic
27 Science Program; creation; investigative, forensic, and
28 related authority.--
29 (2)
30 (d) All investigators employed by the department shall
31 be considered law enforcement officers for all purposes. The
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1 executive director shall have the authority to designate the
2 person occupying any appropriate position within the
3 department as a law enforcement officer, if such person is
4 qualified under the department's personnel regulations
5 relating to agents and is certified pursuant to s.
6 943.1395(1), and all persons thus employed by the department
7 shall be considered law enforcement officers for all purposes
8 and shall be entitled to the privileges, protection, and
9 benefits of ss. 112.19, 121.051, 122.34, and 870.05.
10 Section 10. For the purpose of incorporating the
11 amendment to section 112.19, Florida Statutes, in a reference
12 thereto, subsection (2) of section 943.68, Florida Statutes,
13 is reenacted to read:
14 943.68 Transportation and protective services.--
15 (2) The department shall employ such personnel as may
16 be necessary to carry out this responsibility, including
17 uniformed and nonuniformed officers or agents who shall have
18 authority to bear arms and make arrests, with or without
19 warrant, for violations of any of the criminal laws of the
20 state, under the same terms and conditions as investigative
21 personnel of the department, and who shall be considered peace
22 officers for all purposes, including, but not limited to, the
23 privileges, protections, and benefits of ss. 112.19, 121.051,
24 122.34, and 870.05.
25 Section 11. This act shall take effect July 1, 2005,
26 and shall apply to actions arising on or after that date.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate 656
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4 The Committee Substitute clarifies that the beneficiary of a
law enforcement officer accidentally killed will receive an
5 additional death benefit if the officer was engaged in his or
her official duties when accidentally killed and was either
6 accidentally killed at the scene of a traffic accident to
which the officer has responded or while the officer is
7 enforcing what is reasonably believed to be a traffic law or
ordinance.
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