Florida Senate - 2014                             CS for SB 1406
       
       
        
       By the Committee on Criminal Justice; and Senator Abruzzo
       
       
       
       
       
       591-03107-14                                          20141406c1
    1                        A bill to be entitled                      
    2         An act relating to care for retired law enforcement
    3         dogs; creating s. 943.69, F.S.; providing a short
    4         title; providing definitions; providing legislative
    5         findings; creating the Care for Retired Law
    6         Enforcement Dogs Program within the Department of Law
    7         Enforcement; requiring the department to contract with
    8         a corporation not for profit to administer the program
    9         and providing criteria therefor; providing specific
   10         procedures for how funds will be disbursed for the
   11         veterinary care of eligible retired law enforcement
   12         dogs; limiting the amount of funds available for any
   13         eligible retired law enforcement dog in any one year;
   14         providing for the deposit of program funds; providing
   15         for the reversion of funds to the department under
   16         certain circumstances; providing for the carryforward
   17         of unexpended appropriations for use in the program up
   18         to certain limits; authorizing the department to adopt
   19         rules and forms; providing appropriations; providing
   20         an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 943.69, Florida Statutes, is created to
   25  read:
   26         943.69 Care for Retired Law Enforcement Dogs Program.—
   27         (1) SHORT TITLE.—This section may be cited as the “Care for
   28  Retired Law Enforcement Dogs Program Act.”
   29         (2) DEFINITIONS.—As used in this section, the term:
   30         (a) “Law enforcement agency” means a lawfully established
   31  state or local public agency having primary responsibility for
   32  the prevention and detection of crime or the enforcement of the
   33  penal, traffic, highway, regulatory, game, immigration, postal,
   34  customs, or controlled substance laws.
   35         (b) “Retired law enforcement dog” means any dog that was in
   36  the service of or employed by a law enforcement agency in this
   37  state for the principal purpose of aiding in the detection of
   38  criminal activity, enforcement of laws, or apprehension of
   39  offenders but that no longer serves in the capacity of a law
   40  enforcement dog. The retired law enforcement dog must have
   41  received certification in obedience and apprehension work from a
   42  certifying organization such as the National Police Canine
   43  Association or other certifying organization.
   44         (c) “Veterinarian” has the same meaning as provided in s.
   45  474.202.
   46         (d) “Veterinary care” means any veterinary medical service
   47  described in s. 474.202(9) or s. 474.202(13). The term includes
   48  annual wellness examinations, vaccines, internal and external
   49  parasite prevention treatments, testing and treatment of
   50  illnesses and diseases, medications, emergency care and
   51  surgeries, specialties of veterinary medicine such as veterinary
   52  oncology, and euthanasia, if each of the services is provided by
   53  a veterinarian. The term also includes cremation.
   54         (3) LEGISLATIVE FINDINGS.—The Legislature finds that:
   55         (a) Law enforcement dogs have become an integral part of
   56  many law enforcement efforts statewide, including suspect
   57  apprehension through tracking and searching, evidence location,
   58  drug and bomb detection, and search and rescue operations;
   59         (b) Law enforcement agencies agree that the use of law
   60  enforcement dogs is an extremely cost-effective means for crime
   61  control and that these dogs possess skills and abilities that
   62  frequently exceed that of existing technology;
   63         (c) The work of law enforcement dogs is often dangerous and
   64  can cause these dogs to incur injuries at a rate higher than the
   65  rate of injuries that occurs with nonworking dogs; and
   66         (d) Law enforcement dogs provide significant contributions
   67  to the residents of this state.
   68         (4) ESTABLISHMENT OF PROGRAM.-The Care for Retired Law
   69  Enforcement Dogs Program is created within the Department of Law
   70  Enforcement to provide a stable funding source for former
   71  handlers and adopters of retired law enforcement dogs to provide
   72  veterinary care for these dogs.
   73         (5) ADMINISTRATION.—The Department of Law Enforcement shall
   74  contract with a corporation not for profit organized under
   75  chapter 617 to administer and manage the Care for Retired Law
   76  Enforcement Dogs Program. Notwithstanding the competitive sealed
   77  bid procedures required under chapter 287, the department shall
   78  enter into a contract with a corporation that:
   79         (a) Is dedicated to the protection or care of retired law
   80  enforcement dogs;
   81         (b) Holds exempt status under s. 501(a) of the Internal
   82  Revenue Code as an organization described in s. 501(c)(3) of the
   83  Internal Revenue Code;
   84         (c) Has held its exempt status for at least 5 years;
   85         (d) Agrees to be subject to review and audit at the
   86  discretion of the Auditor General to ensure accurate accounting
   87  and disbursement of state funds; and
   88         (e) Demonstrates the ability to effectively and efficiently
   89  disseminate information and assist former handlers and adopters
   90  of retired law enforcement dogs in understanding the provisions
   91  of this section.
   92         (6) FUNDING.—
   93         (a) The corporation shall be the disbursing authority for
   94  funds appropriated by the Legislature to the Department of Law
   95  Enforcement for the Care for Retired Law Enforcement Dogs
   96  Program. These funds shall be disbursed upon receipt of:
   97         1. Valid documentation from the law enforcement agency the
   98  dog retired from verifying that the dog was in the service of or
   99  employed by such agency; and
  100         2. A valid invoice, submitted by the former handler or
  101  adopter of a retired law enforcement dog, from a veterinarian
  102  for veterinary care provided in the state to a retired law
  103  enforcement dog.
  104         (b) Annual disbursements to any former handler or adopter
  105  of a retired law enforcement dog are limited to $1,500 per
  106  retired law enforcement dog. A former handler or adopter of a
  107  retired law enforcement dog may not accumulate unused funds from
  108  one year for use in a future year.
  109         (c) A former handler or adopter of a retired law
  110  enforcement dog who seeks reimbursement for veterinary services
  111  shall not receive reimbursement if funds for the Care for
  112  Retired Law Enforcement Dogs Program are depleted in the year
  113  for which the reimbursement is sought.
  114         (d) Funds appropriated for the Care for Retired Law
  115  Enforcement Dogs Program shall be held in the Operating Trust
  116  Fund of the Department of Law Enforcement in a separate
  117  depository account in the name of the corporation and subject to
  118  the provisions of the contract with the department. The contract
  119  must provide:
  120         1. The corporation must receive administrative fees,
  121  including salaries and benefits, not to exceed 10 percent of
  122  appropriated funds; and
  123         2. That any funds held in the separate depository account
  124  in the name of the corporation must revert to the department if
  125  the contract expires or is terminated.
  126         (e) Notwithstanding s. 216.301, and pursuant to s. 216.351,
  127  the Executive Office of the Governor shall, on July 1 of each
  128  year, certify forward all unexpended funds appropriated pursuant
  129  to this section. However, in no event shall the fund balance for
  130  the Care for Retired Law Enforcement Dogs Program exceed
  131  $400,000.
  132         (7) RULEMAKING AUTHORITY.-The department shall adopt rules
  133  and forms pursuant to ss. 120.536(1) and 120.54 to implement the
  134  requirements of this section.
  135         Section 2. Beginning in the 2014-2015 fiscal year and each
  136  year thereafter, the sum of $300,000 in recurring funds is
  137  appropriated from the General Revenue Fund to the Department of
  138  Law Enforcement for the purpose of implementing the Care for
  139  Retired Law Enforcement Dogs Program as created by this act.
  140         Section 3. This act shall take effect July 1, 2014.