Florida Senate - 2015 SB 1016
By Senator Abruzzo
25-00322A-15 20151016__
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; defining terms; providing legislative findings;
5 creating the Care for Retired Law Enforcement Dogs
6 Program within the Department of Law Enforcement;
7 requiring the department to contract with a
8 corporation not for profit to administer and manage
9 the program; providing requirements for the
10 corporation not for profit; providing requirements for
11 the disbursement of funds for the veterinary care of
12 eligible retired law enforcement dogs; placing an
13 annual cap on the amount of funds available for the
14 care of an eligible retired law enforcement dog;
15 prohibiting a former handler or adopter from receiving
16 reimbursement if funds are depleted for the year such
17 reimbursement is sought; providing for the deposit of
18 program funds; providing for the reversion of funds to
19 the department under certain circumstances;
20 authorizing the carryforward of unexpended
21 appropriations for use in the program up to certain
22 limits; authorizing the department to adopt rules and
23 forms; providing an appropriation; providing an
24 effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 943.69, Florida Statutes, is created to
29 read:
30 943.69 Care for Retired Law Enforcement Dogs Program.—
31 (1) SHORT TITLE.—This section may be cited as the “Care for
32 Retired Law Enforcement Dogs Program Act.”
33 (2) DEFINITIONS.—As used in this section, the term:
34 (a) “Law enforcement agency” means a lawfully established
35 state or local public agency having primary responsibility for
36 the prevention and detection of crime or the enforcement of the
37 penal, traffic, highway, regulatory, game, immigration, postal,
38 customs, or controlled substance laws.
39 (b) “Retired law enforcement dog” means a dog that was
40 previously in the service of or employed by a law enforcement
41 agency in this state for the principal purpose of aiding in the
42 detection of criminal activity, enforcement of laws, or
43 apprehension of offenders and that received certification in
44 obedience and apprehension work from a certifying organization
45 such as the National Police Canine Association or other
46 certifying organization.
47 (c) “Veterinarian” has the same meaning as provided in s.
48 474.202.
49 (d) “Veterinary care” means a veterinary medical service
50 specified in s. 474.202 which is provided by a veterinarian
51 licensed under chapter 474. The term includes annual wellness
52 examinations, vaccines, internal and external parasite
53 prevention treatments, testing and treatment of illnesses and
54 diseases, medications, emergency care and surgeries, specialty
55 care such as veterinary oncology, euthanasia, and cremation.
56 (3) LEGISLATIVE FINDINGS.—The Legislature finds that:
57 (a) Law enforcement dogs have become an integral part of
58 many law enforcement efforts statewide, including the
59 apprehension of suspects through tracking and searching,
60 evidence location, drug and bomb detection, and search and
61 rescue operations;
62 (b) Law enforcement agencies agree that the use of law
63 enforcement dogs is an extremely cost-effective means of crime
64 control and that these dogs possess skills and abilities that
65 frequently exceed those of existing technology;
66 (c) The service of law enforcement dogs is often dangerous
67 and can expose them to injury at a rate higher than that of
68 nonservice dogs; and
69 (d) Law enforcement dogs provide significant contributions
70 to the residents of this state.
71 (4) ESTABLISHMENT OF PROGRAM.-The Care for Retired Law
72 Enforcement Dogs Program is created within the Department of Law
73 Enforcement to provide a stable funding source for veterinary
74 care provided to these dogs.
75 (5) ADMINISTRATION.—The Department of Law Enforcement shall
76 contract with a corporation not for profit organized under
77 chapter 617 to administer and manage the Care for Retired Law
78 Enforcement Dogs Program. Notwithstanding the competitive sealed
79 bid procedures required under chapter 287, the department shall
80 enter into a contract with a corporation not for profit that:
81 (a) Is dedicated to the protection or care of retired law
82 enforcement dogs;
83 (b) Is exempt from taxation under s. 501(a) of the Internal
84 Revenue Code as an organization described in s. 501(c)(3) of
85 that code;
86 (c) Has maintained such tax-exempt status for at least 5
87 years;
88 (d) Agrees to be subject to review and audit at the
89 discretion of the Auditor General in order to ensure accurate
90 accounting and disbursement of state funds; and
91 (e) Demonstrates the ability to effectively and efficiently
92 disseminate information and to assist former handlers and
93 adopters of retired law enforcement dogs in complying with this
94 section.
95 (6) FUNDING.—
96 (a) The corporation not for profit shall be the disbursing
97 authority for funds appropriated by the Legislature to the
98 department for the Care for Retired Law Enforcement Dogs
99 Program. These funds shall be disbursed upon receipt of:
100 1. Valid documentation from the law enforcement agency from
101 which the dog retired which verifies that the dog was in the
102 service of or employed by such agency; and
103 2. A valid invoice from a veterinarian for veterinary care
104 provided in this state to a retired law enforcement dog which is
105 submitted by the former handler or adopter of a retired law
106 enforcement dog.
107 (b) Annual disbursements to a former handler or adopter to
108 reimburse him or her for the cost of care provided to a retired
109 law enforcement dog may not exceed $1,500 per dog. A former
110 handler or adopter of a retired law enforcement dog may not
111 accumulate unused funds from a current year for use in a future
112 year.
113 (c) A former handler or adopter of a retired law
114 enforcement dog who seeks reimbursement for veterinary services
115 may not receive reimbursement if funds appropriated for the Care
116 for Retired Law Enforcement Dogs Program are depleted in the
117 year for which the reimbursement is sought.
118 (d) Funds appropriated for the Care for Retired Law
119 Enforcement Dogs Program shall be held in a separate depository
120 account in the Operating Trust Fund of the department in the
121 name of the corporation not for profit and are subject to the
122 provisions of the corporation’s contract with the department.
123 The contract must provide that:
124 1. The corporation not for profit must receive
125 administrative fees, including salaries and benefits, of up to
126 10 percent of appropriated funds; and
127 2. Any funds held in the separate depository account in the
128 name of the corporation not for profit must revert to the
129 department upon expiration or termination of the contract.
130 (e) Notwithstanding s. 216.301, and pursuant to s. 216.351,
131 on July 1 of each year, the Executive Office of the Governor
132 shall certify forward all unexpended funds appropriated pursuant
133 to this section. However, the fund balance for the Care for
134 Retired Law Enforcement Dogs Program may not exceed $400,000.
135 (7) RULEMAKING AUTHORITY.-The department shall adopt rules
136 pursuant to ss. 120.536(1) and 120.54 to implement this section.
137 Section 2. For the 2015-2016 fiscal year, and each fiscal
138 year thereafter, the sum of $300,000 in recurring funds is
139 appropriated from the General Revenue Fund to the Department of
140 Law Enforcement for the purpose of implementing the Care for
141 Retired Law Enforcement Dogs Program.
142 Section 3. This act shall take effect July 1, 2015.