Senate Bill sb0656e1

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  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; amending

 7         s. 943.22, F.S.; revising definitions relating

 8         to qualification of certain law enforcement

 9         officers for a salary incentive program;

10         providing applicability; providing an effective

11         date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Sections 1 through 10 of this act may be

16  cited as the "Deputy James M. Weaver Act."

17         Section 2.  Paragraph (b) of subsection (2) of section

18  112.19, Florida Statutes, is amended to read:

19         112.19  Law enforcement, correctional, and correctional

20  probation officers; death benefits.--

21         (2)

22         (b)  The sum of $50,000, as adjusted under pursuant to

23  paragraph (j), shall be paid as provided in this section if a

24  law enforcement, correctional, or correctional probation

25  officer is accidentally killed as specified in paragraph (a)

26  and the accidental death occurs:

27         1.  As a result of the officer's response to fresh

28  pursuit;

29         2.  As a result of or to the officer's response to what

30  is reasonably believed to be an emergency;

31  


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 1         3.  At the scene of a traffic accident to which the

 2  officer has responded; or

 3         4.  While the officer is enforcing what is reasonably

 4  believed to be a traffic law or ordinance.

 5  

 6  This sum is in addition to any sum provided for in paragraph

 7  (a). Notwithstanding any other provision of law, in no case

 8  shall the amount payable under this subsection be less than

 9  the actual amount stated therein.

10         Section 3.  Subsection (6) is added to section 112.532,

11  Florida Statutes, to read:

12         112.532  Law enforcement officers' and correctional

13  officers' rights.--All law enforcement officers and

14  correctional officers employed by or appointed to a law

15  enforcement agency or a correctional agency shall have the

16  following rights and privileges:

17         (6)  LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.--

18         (a)  Except as provided in this subsection, no

19  disciplinary action, demotion, or dismissal shall be

20  undertaken by an agency against a law enforcement officer or

21  correctional officer for any act, omission, or other

22  allegation of misconduct if the investigation of such

23  allegation is not completed within 180 days after the date the

24  agency receives notice of the allegation by a person

25  authorized by the agency to initiate an investigation of the

26  misconduct. In the event that the agency determines that

27  disciplinary action is appropriate, it shall complete its

28  investigation and give notice in writing to the law

29  enforcement officer or correctional officer of its intent to

30  proceed with disciplinary action, along with a proposal of the

31  action sought. Such notice to the officer shall be provided


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 1  within 180 days after the date the agency received notice of

 2  the alleged misconduct, except as follows:

 3         1.  The running of the limitations period may be tolled

 4  for a period specified in a written waiver of the limitation

 5  by the law enforcement officer or correctional officer.

 6         2.  The running of the limitations period shall be

 7  tolled during the time that any criminal investigation or

 8  prosecution is pending in connection with the act, omission,

 9  or other allegation of misconduct.

10         3.  If the investigation involves an officer who is

11  incapacitated or otherwise unavailable, the running of the

12  limitations period shall be tolled during the period of

13  incapacitation or unavailability.

14         4.  In a multijurisdictional investigation, the

15  limitations period may be extended for a period of time

16  reasonably necessary to facilitate the coordination of the

17  agencies involved.

18         (b)  An investigation against a law enforcement officer

19  or correctional officer may be reopened, notwithstanding the

20  limitations period for commencing disciplinary action,

21  demotion, or dismissal, if:

22         1.  Significant new evidence has been discovered that

23  is likely to affect the outcome of the investigation.

24         2.  The evidence could not have reasonably been

25  discovered in the normal course of investigation or the

26  evidence resulted from the predisciplinary response of the

27  officer.

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29  Any disciplinary action resulting from an investigation that

30  is reopened pursuant to this paragraph must be completed

31  within 90 days after the date the investigation is reopened.


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 1         Section 4.  For the purpose of incorporating the

 2  amendment to section 112.19, Florida Statutes, in a reference

 3  thereto, paragraph (e) of subsection (4) of section 110.123,

 4  Florida Statutes, is reenacted to read:

 5         110.123  State group insurance program.--

 6         (4)  PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;

 7  LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--

 8         (e)  No state contribution for the cost of any part of

 9  the premium shall be made for retirees or surviving spouses

10  for any type of coverage under the state group insurance

11  program. However, any state agency that employs a full-time

12  law enforcement officer, correctional officer, or correctional

13  probation officer who is killed or suffers catastrophic injury

14  in the line of duty as provided in s. 112.19, or a full-time

15  firefighter who is killed or suffers catastrophic injury in

16  the line of duty as provided in s. 112.191, shall pay the

17  entire premium of the state group health insurance plan

18  selected for the employee's surviving spouse until remarried,

19  and for each dependent child of the employee, subject to the

20  conditions and limitations set forth in s. 112.19 or s.

21  112.191, as applicable.

22         Section 5.  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 2002-191, Laws of Florida,

26  and section 14 of chapter 2004-357, Laws of Florida, is

27  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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 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 the child or spouse of the deceased

 5  officer incurs while obtaining a career certificate, an

 6  undergraduate education, or a postgraduate education. The

 7  amount waived by the state shall be an amount equal to the

 8  cost of tuition and matriculation and registration fees for a

 9  total of 120 credit hours. The child or spouse may attend a

10  state career center, a state community college, or a state

11  university. The child or spouse may attend any or all of the

12  institutions specified in this subsection, on either a

13  full-time or part-time basis. The benefits provided to a child

14  under this subsection shall continue until the child's 25th

15  birthday. The benefits provided to a spouse under this

16  subsection must commence within 5 years after the death

17  occurs, and entitlement thereto shall continue until the 10th

18  anniversary of that death.

19         (a)  Upon failure of any child or spouse benefited by

20  the provisions of this subsection to comply with the ordinary

21  and minimum requirements of the institution attended, both as

22  to discipline and scholarship, the benefits shall be withdrawn

23  as to the child or spouse and no further moneys may be

24  expended for the child's or spouse's benefits so long as such

25  failure or delinquency continues.

26         (b)  Only a student in good standing in his or her

27  respective institution may receive the benefits thereof.

28         (c)  A child or spouse receiving benefits under this

29  subsection must be enrolled according to the customary rules

30  and requirements of the institution attended.

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 1         Section 6.  For the purpose of incorporating the

 2  amendment to section 112.19, Florida Statutes, in a reference

 3  thereto, subsection (3) of section 112.19, Florida Statutes,

 4  as amended by section 1 of chapter 2002-232, Laws of Florida,

 5  section 9 of chapter 2003-1, Laws of Florida, and section 15

 6  of chapter 2004-357, Laws of Florida, is reenacted to read:

 7         112.19  Law enforcement, correctional, and correctional

 8  probation officers; death benefits.--

 9         (3)  If a law enforcement, correctional, or

10  correctional probation officer is accidentally killed as

11  specified in paragraph (2)(b) on or after June 22, 1990, or

12  unlawfully and intentionally killed as specified in paragraph

13  (2)(c) on or after July 1, 1980, the state shall waive certain

14  educational expenses that children of the deceased officer

15  incur while obtaining a career certificate, an undergraduate

16  education, or a graduate or postbaccalaureate professional

17  degree. The amount waived by the state shall be an amount

18  equal to the cost of tuition, matriculation, and other

19  statutorily authorized fees for a total of 120 credit hours

20  for a career certificate or an undergraduate education. For a

21  child pursuing a graduate or postbaccalaureate professional

22  degree, the amount waived shall equal the cost of

23  matriculation and other statutorily authorized fees incurred

24  while the child continues to fulfill the professional

25  requirements associated with the graduate or postbaccalaureate

26  professional degree program, and eligibility continues until

27  the child's 29th birthday. The child may attend a state career

28  center, a state community college, or a state university. The

29  child may attend any or all of the institutions specified in

30  this subsection, on either a full-time or part-time basis. For

31  a child pursuing a career certificate or an undergraduate


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 1  education, the benefits provided under this subsection shall

 2  continue to the child until the child's 25th birthday. To be

 3  eligible for the benefits provided under this subsection for

 4  enrollment in a graduate or postbaccalaureate professional

 5  degree program, the child must be a state resident, as defined

 6  in s. 1009.21, at the time of enrollment.

 7         (a)  Upon failure of any child benefited by the

 8  provisions of this section to comply with the ordinary and

 9  minimum requirements of the institution attended, both as to

10  discipline and scholarship, the benefits shall be withdrawn as

11  to the child and no further moneys may be expended for the

12  child's benefits so long as such failure or delinquency

13  continues.

14         (b)  Only a student in good standing in his or her

15  respective institution may receive the benefits thereof.

16         (c)  A child receiving benefits under this section must

17  be enrolled according to the customary rules and requirements

18  of the institution attended.

19         Section 7.  For the purpose of incorporating the

20  amendment to section 112.19, Florida Statutes, in a reference

21  thereto, subsection (4) of section 250.34, Florida Statutes,

22  is reenacted to read:

23         250.34  Injury or death on state active duty.--

24         (4)  Each member of the Florida National Guard who is

25  killed, or who dies as the result of injuries incurred, while

26  on state active duty under competent orders qualifies for

27  benefits as a law enforcement officer pursuant to s. 112.19 or

28  any successor statute providing for death benefits for law

29  enforcement officers, and the decedent's survivors or estate

30  are entitled to the death benefits provided in s. 112.19.

31  However, this section does not prohibit survivors or the


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 1  estate of the decedent from presenting a claim bill for

 2  approval by the Legislature in addition to the death benefits

 3  provided in this section.

 4         Section 8.  For the purpose of incorporating the

 5  amendment to section 112.19, Florida Statutes, in a reference

 6  thereto, paragraph (c) of subsection (2) of section 285.18,

 7  Florida Statutes, is reenacted to read:

 8         285.18  Tribal council as governing body; powers and

 9  duties.--

10         (2)  The governing bodies of the special improvement

11  districts shall have the duty and power:

12         (c)  To employ personnel to exercise law enforcement

13  powers, including the investigation of violations of any of

14  the criminal laws of the state occurring on reservations over

15  which the state has assumed jurisdiction pursuant to s.

16  285.16.

17         1.  All law enforcement personnel employed shall be

18  considered peace officers for all purposes and shall have the

19  authority to bear arms, make arrests, and apply for, serve,

20  and execute search warrants, arrest warrants, capias, and

21  other process of the court, and to enforce criminal and

22  noncriminal traffic offenses, within their respective special

23  improvement districts.

24         2.  All law enforcement personnel shall be entitled to

25  the privileges, protection, and benefits of ss. 112.19 and

26  870.05.

27         Section 9.  For the purpose of incorporating the

28  amendment to section 112.19, Florida Statutes, in a reference

29  thereto, paragraph (d) of subsection (2) of section 943.04,

30  Florida Statutes, is reenacted to read:

31  


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 1         943.04  Criminal Justice Investigations and Forensic

 2  Science Program; creation; investigative, forensic, and

 3  related authority.--

 4         (2)

 5         (d)  All investigators employed by the department shall

 6  be considered law enforcement officers for all purposes. The

 7  executive director shall have the authority to designate the

 8  person occupying any appropriate position within the

 9  department as a law enforcement officer, if such person is

10  qualified under the department's personnel regulations

11  relating to agents and is certified pursuant to s.

12  943.1395(1), and all persons thus employed by the department

13  shall be considered law enforcement officers for all purposes

14  and shall be entitled to the privileges, protection, and

15  benefits of ss. 112.19, 121.051, 122.34, and 870.05.

16         Section 10.  For the purpose of incorporating the

17  amendment to section 112.19, Florida Statutes, in a reference

18  thereto, subsection (2) of section 943.68, Florida Statutes,

19  is reenacted to read:

20         943.68  Transportation and protective services.--

21         (2)  The department shall employ such personnel as may

22  be necessary to carry out this responsibility, including

23  uniformed and nonuniformed officers or agents who shall have

24  authority to bear arms and make arrests, with or without

25  warrant, for violations of any of the criminal laws of the

26  state, under the same terms and conditions as investigative

27  personnel of the department, and who shall be considered peace

28  officers for all purposes, including, but not limited to, the

29  privileges, protections, and benefits of ss. 112.19, 121.051,

30  122.34, and 870.05.

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 1         Section 11.  Paragraph (a) of subsection (1) of section

 2  943.22, Florida Statutes, is amended to read:

 3         943.22  Salary incentive program for full-time

 4  officers.--

 5         (1)  For the purpose of this section, the term:

 6         (a)  "Accredited college, university, or community

 7  college" means a college, university, or community college

 8  that which has been accredited by the Southern Association of

 9  Colleges and Schools, another regional accrediting agency, or

10  the Accrediting Council for Independent Colleges and Schools

11  or an accrediting agency or association that is recognized by

12  the database created and maintained by the United States

13  Department of Education.

14         Section 12.  This act shall take effect July 1, 2005,

15  and shall apply to actions arising on or after that date.

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