HB 171

1
A bill to be entitled
2An act relating to notification of next of kin; providing
3a short title; creating s. 960.046, F.S.; requiring law
4enforcement agencies to notify the next of kin of
5decedents whose deaths occur in certain circumstances;
6prescribing procedures to be followed with respect to such
7notification; requiring disciplinary action against
8officers who fail to make a required notification or who
9fail to follow specified procedures for making such
10notification; providing for notice of available victim
11advocate and chaplain services; providing an effective
12date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  This act may be cited as the "Pardo-Arambul
17Act."
18     Section 2.  Section 960.046, Florida Statutes, is created
19to read:
20     960.046  Deceased person's next of kin; contact
21requirements.--
22     (1)  In addition to any other requirement imposed by law
23when the death of a human being occurs, the state, county, or
24municipal law enforcement agency in the jurisdiction in which
25the death occurred or the body was found that is taking the lead
26in the investigation shall, upon preliminary determination of
27the cause of death, contact the decedent's next of kin when
28there is:
29     (a)  Verifiable documentation of the decedent's identity;
30     (b)  Reason to believe that the decedent's death is unknown
31to the next of kin; and
32     (c)  Reason to believe that the decedent's death was a
33result of:
34     1.  Criminal activity;
35     2.  An accident;
36     3.  Suicide;
37     4.  A suspicious or unusual circumstance; or
38     5.  Use of a controlled substance or poison.
39     (2)  The following requirements apply with respect to
40notifications of next of kin under this section:
41     (a)  Each attempt at notification must be documented in
42writing, according to procedures established by the law
43enforcement agency making the notification.
44     (b)  Notification of the decedent's next of kin must be
45accomplished promptly in such a manner as to cause the least
46discomfort possible to the person being notified.
47     (c)  Notification of the decedent's next of kin may be made
48only after approval of a supervisor or homicide detective
49designated by the law enforcement agency for such purpose.
50     (d)  Notification must be made in person by a law
51enforcement officer assigned to investigate the cause of the
52decedent's death or by a supervisor designated by the law
53enforcement agency for such purpose.
54     (e)  Each law enforcement agency is responsible for
55disciplining an employee who fails to comply with this section.
56     (f)  If the decedent's next of kin was not notified within
57a reasonable time as required in this section, the designated
58supervisor or homicide detective of the responsible law
59enforcement agency shall provide a written explanation of the
60failure to the next of kin, along with a statement of the
61disciplinary action taken against the officer who failed to
62provide such notification.
63     (g)  A law enforcement agency may establish additional
64procedures to implement this section.
65     (3)  If the decedent's next of kin is not within the
66jurisdiction in which death occurred or the body was found, the
67law enforcement agency responsible for making the notification
68shall forward notice of the decedent's death to a law
69enforcement agency having jurisdiction over where the next of
70kin is located. The notice shall be accompanied by a request for
71that agency to contact the next of kin immediately, provide them
72with any information about victim advocate and chaplain services
73supplied under subsection (4), and give written notification to
74the requesting law enforcement agency as to how and when the
75notification has been done. If the requesting agency has not
76heard from the notifying agency within 24 hours, it shall follow
77up with a telephone call.
78     (4)  If the decedent's next of kin are within the
79jurisdiction in which death occurred or the body was found, the
80law enforcement agency notifying the next of kin shall, if
81victim advocate and chaplain services are available, provide
82information to those being notified on how the decedent's next
83of kin may use such services. If the decedent's next of kin are
84not within the jurisdiction in which death occurred or the body
85was found, the law enforcement agency forwarding information
86under subsection (3) shall, if victim advocate and chaplain
87services are available to the decedent's next of kin in the
88jurisdiction in which death occurred or the body was found,
89include information on how the decedent's next of kin may use
90such services.
91     Section 3.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.