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.