Senate Bill sb2832

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    Florida Senate - 2007                                  SB 2832

    By Senator Siplin





    19-290-07

  1                      A bill to be entitled

  2         An act relating to notification of next of kin;

  3         providing a short title; creating s. 960.046,

  4         F.S.; requiring law enforcement agencies to

  5         notify the next of kin of decedents whose death

  6         occurs in certain circumstances; prescribing

  7         procedures to be followed with respect to such

  8         notification; requiring disciplinary action

  9         against officers who fail to make a required

10         notification or who fail to follow specified

11         procedures for making such notification;

12         providing an effective date.

13  

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

15  

16         Section 1.  This act may be cited as the Pardo-Arambul

17  Act.

18         Section 2.  Section 960.046, Florida Statutes, is

19  created to read:

20         960.046  Next of kin of deceased person; requirements

21  of law enforcement agency.--

22         (1)  In addition to any other requirement imposed by

23  law when the death of a human being occurs, the county,

24  municipal, or state law enforcement agency in the jurisdiction

25  in which the death occurred or the body was found shall, upon

26  preliminary determination of the cause of death, contact the

27  next of kin of the decedent when there is:

28         (a)  Verifiable documentation of the decendent's

29  identity;

30         (b)  Reason to believe that the decedent's death is

31  unknown to the next of kin; and

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    Florida Senate - 2007                                  SB 2832
    19-290-07




 1         (c)  Reason to believe that the decedent's death was

 2  the result of:

 3         1.  Criminal activity;

 4         2.  An accident;

 5         3.  Suicide;

 6         4.  A suspicious or unusual circumstance; or

 7         5.  Use of a controlled substance or poison.

 8         (2)  The following requirements apply with respect to

 9  notifications of next of kin under this section:

10         (a)  Each attempt at notification must be documented in

11  writing, according to procedures established by the law

12  enforcement agency making the notification.

13         (b)  Notification of the decedent's next of kin must be

14  accomplished promptly in such a manner as to cause the least

15  discomfort possible to the person being notified.

16         (c)  Notification of the decedent's next of kin may be

17  made only after approval of a supervisor or homicide detective

18  designated by the law enforcement agency for such purpose.

19         (d)  Notification must be made in person by a law

20  enforcement officer assigned to investigate the cause of the

21  decedent's death or by a supervisor designated by the law

22  enforcement agency for such purpose.

23         (e)  A law enforcement agency shall take disciplinary

24  action against a law enforcement officer who fails to comply

25  with this section. The disciplinary action must be documented.

26         (f)  If the next of kin of the decedent was not

27  notified within a reasonable time as required in this section,

28  the designated supervisor of the responsible law enforcement

29  officer shall provide a written explanation of the failure to

30  notify the next of kin, along with a statement of the

31  

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    Florida Senate - 2007                                  SB 2832
    19-290-07




 1  disciplinary action taken against the officer who failed to

 2  provide such notification.

 3         (g)  A law enforcement agency may establish additional

 4  procedures to implement this section.

 5         (3)  If the decedent's next of kin is not within the

 6  jurisdiction in which death occurred or the body was found,

 7  the law enforcement agency that is responsible for making the

 8  notification shall forward notice of the decedent's death to

 9  the law enforcement agency having jurisdiction in the area in

10  which the next of kin resides. The notice must be accompanied

11  by a request for that agency to contact the next of kin

12  immediately and to notify the requesting law enforcement

13  agency by facsimile or e-mail when that has been done. If the

14  agency does not send documentation, the requesting agency

15  shall follow up with a telephone call. Advocate services, if

16  applicable, shall be made available to the families of the

17  deceased.

18         Section 3.  This act shall take effect July 1, 2007.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Creates the Pardo-Arambul Act. Requires law enforcement
      agencies to notify the next of kin of decedents whose
23    death occurs in certain circumstances. Prescribes
      procedures to be followed with respect to such
24    notification. Requires disciplinary action against
      officers who fail to make a required notification or who
25    fail to follow specified procedures for making such
      notification.
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