Florida Senate - 2017                             CS for SB 1626
       By the Committee on Criminal Justice; and Senator Bradley
       591-02919-17                                          20171626c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Legal Affairs;
    3         amending s. 16.617, F.S.; authorizing the Statewide
    4         Council on Human Trafficking to apply for and accept
    5         funds, grants, gifts, and services from various
    6         governmental entities or any other public or private
    7         source for a specified purpose; amending s. 321.04,
    8         F.S.; requiring the Department of Highway Safety and
    9         Motor Vehicles to assign one or more patrol officers
   10         to the Office of the Attorney General for security
   11         services upon request of the Attorney General;
   12         amending s. 501.203, F.S.; redefining the term
   13         “violation of this part”; amending s. 501.204, F.S.;
   14         revising legislative intent; amending s. 736.0110,
   15         F.S.; providing that the Attorney General has standing
   16         to assert the rights of certain qualified
   17         beneficiaries in judicial proceedings; amending s.
   18         736.1201, F.S.; defining the term “delivery of
   19         notice”; deleting the term “state attorney”; amending
   20         s. 736.1205, F.S.; requiring a trustee to provide a
   21         specified notice to the Attorney General rather than
   22         the state attorney; amending s. 736.1206, F.S.;
   23         revising the conditions under which a trustee may
   24         amend the governing instrument of a specified
   25         charitable trust to comply with specified provisions
   26         of ch. 736, F.S.; amending s. 736.1207, F.S.;
   27         conforming a term; amending s. 736.1208, F.S.;
   28         revising the manner in which delivery of a release is
   29         accomplished; conforming provisions to changes made by
   30         the act; amending s. 736.1209, F.S.; revising
   31         requirements for a trustee of a specified trust who
   32         elects to be operated exclusively for the benefit of,
   33         and be supervised by, the specified public charitable
   34         organization or organizations; amending s. 896.101,
   35         F.S.; amending the term “monetary instruments”;
   36         defining the term “virtual currency”; amending s.
   37         960.03, F.S.; revising definitions; amending s.
   38         960.16, F.S.; providing an exception to a subrogation
   39         requirement for awards; creating s. 960.201, F.S.;
   40         defining terms; authorizing the Department of Legal
   41         Affairs to award the surviving family of members of an
   42         emergency responder who is killed under specified
   43         circumstances up to a specified amount; specifying
   44         requirements to determine the award amount; requiring
   45         apportionment of the award among several claimants
   46         under certain circumstances; requiring an award to be
   47         reduced or denied by the department under certain
   48         circumstances; authorizing rulemaking; providing an
   49         effective date.
   51  Be It Enacted by the Legislature of the State of Florida:
   53         Section 1. Paragraph (d) is added to subsection (3) of
   54  section 16.617, Florida Statutes, to read:
   55         16.617 Statewide Council on Human Trafficking; creation;
   56  membership; duties.—
   57         (3) ORGANIZATION AND SUPPORT.—
   58         (d) The council may apply for and accept funds, grants,
   59  gifts, and services from the state, the Federal Government or
   60  any of its agencies, or any other public or private source for
   61  the purpose of defraying costs associated with the annual
   62  statewide policy summit.
   63         Section 2. Present subsection (4) of section 321.04,
   64  Florida Statutes, is redesignated as subsection (5), and a new
   65  subsection (4) is added to that section, to read:
   66         321.04 Personnel of the highway patrol; rank
   67  classifications; probationary status of new patrol officers;
   68  subsistence; special assignments.—
   69         (4) Upon request of the Attorney General, the Department of
   70  Highway Safety and Motor Vehicles shall assign one or more
   71  patrol officers to the Office of the Attorney General for
   72  security services.
   73         Section 3. Subsection (3) of section 501.203, Florida
   74  Statutes, is amended to read:
   75         501.203 Definitions.—As used in this chapter, unless the
   76  context otherwise requires, the term:
   77         (3) “Violation of this part” means any violation of this
   78  act or the rules adopted under this act and may be based upon
   79  any of the following as of July 1, 2017 2015:
   80         (a) Any rules promulgated pursuant to the Federal Trade
   81  Commission Act, 15 U.S.C. ss. 41 et seq.;
   82         (b) The standards of unfairness and deception set forth and
   83  interpreted by the Federal Trade Commission or the federal
   84  courts; or
   85         (c) Any law, statute, rule, regulation, or ordinance which
   86  proscribes unfair methods of competition, or unfair, deceptive,
   87  or unconscionable acts or practices.
   88         Section 4. Subsection (2) of section 501.204, Florida
   89  Statutes, is amended to read:
   90         501.204 Unlawful acts and practices.—
   91         (2) It is the intent of the Legislature that, in construing
   92  subsection (1), due consideration and great weight shall be
   93  given to the interpretations of the Federal Trade Commission and
   94  the federal courts relating to s. 5(a)(1) of the Federal Trade
   95  Commission Act, 15 U.S.C. s. 45(a)(1) as of July 1, 2017 2015.
   96         Section 5. Subsection (3) of section 736.0110, Florida
   97  Statutes, is amended to read:
   98         736.0110 Others treated as qualified beneficiaries.—
   99         (3) The Attorney General may assert the rights of a
  100  qualified beneficiary with respect to a charitable trust having
  101  its principal place of administration in this state. The
  102  Attorney General has standing to assert such rights in any
  103  judicial proceeding.
  104         Section 6. Present subsections (2), (3), and (4) of section
  105  736.1201, Florida Statutes, are redesignated as subsections (3),
  106  (4), and (5), respectively, a new subsection (2) is added to
  107  that section, and present subsection (5) of that section is
  108  amended, to read:
  109         736.1201 Definitions.—As used in this part:
  110         (2) “Delivery of notice” means delivery of a written notice
  111  required under this part by sending a copy by any commercial
  112  delivery service requiring a signed receipt or by any form of
  113  mail requiring a signed receipt.
  114         (5)“State attorney” means the state attorney for the
  115  judicial circuit of the principal place of administration of the
  116  trust pursuant to s. 736.0108.
  117         Section 7. Section 736.1205, Florida Statutes, is amended
  118  to read:
  119         736.1205 Notice that this part does not apply.—In the case
  120  of a power to make distributions, if the trustee determines that
  121  the governing instrument contains provisions that are more
  122  restrictive than s. 736.1204(2), or if the trust contains other
  123  powers, inconsistent with the provisions of s. 736.1204(3) that
  124  specifically direct acts by the trustee, the trustee shall
  125  notify the state Attorney General when the trust becomes subject
  126  to this part. Section 736.1204 does not apply to any trust for
  127  which notice has been given pursuant to this section unless the
  128  trust is amended to comply with the terms of this part.
  129         Section 8. Subsection (2) of section 736.1206, Florida
  130  Statutes, is amended to read:
  131         736.1206 Power to amend trust instrument.—
  132         (2) In the case of a charitable trust that is not subject
  133  to the provisions of subsection (1), the trustee may amend the
  134  governing instrument to comply with the provisions of s.
  135  736.1204(2) after delivery of notice to, and with the consent
  136  of, the state Attorney General.
  137         Section 9. Section 736.1207, Florida Statutes, is amended
  138  to read:
  139         736.1207 Power of court to permit deviation.—This part does
  140  not affect the power of a court to relieve a trustee from any
  141  restrictions on the powers and duties that are placed on the
  142  trustee by the governing instrument or applicable law for cause
  143  shown and on complaint of the trustee, state Attorney General,
  144  or an affected beneficiary and notice to the affected parties.
  145         Section 10. Paragraph (b) of subsection (4) of section
  146  736.1208, Florida Statutes, is amended to read:
  147         736.1208 Release; property and persons affected; manner of
  148  effecting.—
  149         (4) Delivery of a release shall be accomplished as follows:
  150         (b) If the release is accomplished by reducing the class of
  151  permissible charitable organizations, by delivery of notice a
  152  copy of the release to the state Attorney General including a
  153  copy of the release.
  154         Section 11. Section 736.1209, Florida Statutes, is amended
  155  to read:
  156         736.1209 Election to come under this part.—With the consent
  157  of that organization or organizations, a trustee of a trust for
  158  the benefit of a public charitable organization or organizations
  159  may come under s. 736.1208(5) by delivery of notice to filing
  160  with the state Attorney General of the an election, accompanied
  161  by the proof of required consent. Thereafter the trust shall be
  162  subject to s. 736.1208(5).
  163         Section 12. Paragraph (e) of subsection (2) of section
  164  896.101, Florida Statutes, is amended, and paragraph (j) is
  165  added to that subsection, to read:
  166         896.101 Florida Money Laundering Act; definitions;
  167  penalties; injunctions; seizure warrants; immunity.—
  168         (2) As used in this section, the term:
  169         (e) “Monetary instruments” means coin or currency of the
  170  United States or of any other country, virtual currency,
  171  travelers’ checks, personal checks, bank checks, money orders,
  172  investment securities in bearer form or otherwise in such form
  173  that title thereto passes upon delivery, and negotiable
  174  instruments in bearer form or otherwise in such form that title
  175  thereto passes upon delivery.
  176         (j) “Virtual currency” means a medium of exchange in
  177  electronic or digital format which is not a coin or currency of
  178  the United States or another country.
  179         Section 13. Paragraph (f) is added to subsection (3) of
  180  section 960.03, Florida Statutes, and paragraph (e) is added to
  181  subsection (14) of that section, to read:
  182         960.03 Definitions; ss. 960.01-960.28.—As used in ss.
  183  960.01-960.28, unless the context otherwise requires, the term:
  184         (3) “Crime” means:
  185         (f) A felony or misdemeanor that results in the death of an
  186  emergency responder, as defined in and solely for the purposes
  187  of s. 960.201, while answering a call for service in the line of
  188  duty, notwithstanding paragraph (c).
  189         (14) “Victim” means:
  190         (e) An emergency responder, as defined in and solely for
  191  the purposes of s. 960.201, who is killed while answering a call
  192  for service in the line of duty.
  193         Section 14. Section 960.16, Florida Statutes, is amended to
  194  read:
  195         960.16 Subrogation.—Except for an award made under s.
  196  960.201, payment of an award pursuant to this chapter shall
  197  subrogate the state, to the extent of such payment, to any right
  198  of action accruing to the claimant or to the victim or
  199  intervenor to recover losses directly or indirectly resulting
  200  from the crime with respect to which the award is made. Causes
  201  of action which shall be subrogated under this section include,
  202  but are not limited to, any claim for compensation under any
  203  insurance provision, including an uninsured motorist provision,
  204  when such claim seeks to recover losses directly or indirectly
  205  resulting from the crime with respect to which the award is
  206  made.
  207         Section 15. Section 960.201, Florida Statutes, is created
  208  to read:
  209         960.201 Emergency responder death benefits.—
  210         (1) As used in this section, the term:
  211         (a) “Answering a call for service” means actively
  212  performing official duties that include the identification,
  213  prevention, or enforcement of the penal, traffic, or highway
  214  laws of this state; and include traveling to the scene of an
  215  emergency situation and upon arrival performing those functions
  216  that the emergency responder has been trained and certified to
  217  perform.
  218         (b) “Emergency medical technician” has the same meaning as
  219  in s. 401.23(11).
  220         (c) “Emergency responder” means a law enforcement officer,
  221  a firefighter, or an emergency medical technician or paramedic.
  222         (d) “Firefighter” has the same meaning as in s. 633.102(9).
  223         (e) “Law enforcement officer” has the same meaning as in s.
  224  943.10(1).
  225         (f) “Paramedic” has the same meaning as in s. 401.23(17).
  226         (g) “Surviving family members of an emergency responder”
  227  means the surviving spouse, children, parents or guardian, or
  228  siblings of a deceased emergency responder.
  229         (2) Notwithstanding ss. 960.065(1) and 960.13 for crime
  230  victim compensation awards, the department may award for any one
  231  claim up to a maximum of $50,000 to the surviving family members
  232  of an emergency responder who, as a result of a crime, is killed
  233  answering a call for service in the line of duty.
  234         (3)In determining the amount of an award:
  235         (a) The department shall determine whether, because of his
  236  or her conduct, the emergency responder contributed to his or
  237  her death, and shall reduce the amount of the award or reject
  238  the claim altogether in accordance with such determination.
  239         (b) The department may disregard the contribution of the
  240  emergency responder to his or her own death, as determined under
  241  paragraph (a), when the record shows that such conduct occurred
  242  in connection with the efforts of the emergency responder acting
  243  as an intervenor as defined in s. 960.03.
  244         (4) If two or more persons are entitled to an award under
  245  this section, the award shall be apportioned among the claimants
  246  at the discretion and direction of the department.
  247         (5) An award under this section shall be reduced or denied
  248  if the department has previously approved or paid out a claim
  249  under s. 960.13 to the same victim or applicant regarding the
  250  same incident. An award for victim compensation under s. 960.13
  251  shall be denied if the department has previously approved or
  252  paid out an emergency responder death benefits claim under this
  253  section.
  254         (6) The department may adopt rules that establish limits
  255  below the amount set forth in subsection (2) and that establish
  256  criteria governing awards pursuant to this section.
  257         Section 16. This act shall take effect July 1, 2017.