Florida Senate - 2018                                     SB 982
       
       
        
       By Senator Powell
       
       
       
       
       
       30-00831-18                                            2018982__
    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 legislative findings; defining terms;
    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 for
   17         which such reimbursement is sought; requiring the
   18         department to pay to the corporation not for profit,
   19         and authorizing the corporation not for profit to use,
   20         up to a certain percentage of appropriated funds for
   21         administrative purposes; requiring the department to
   22         adopt rules; providing an appropriation; providing an
   23         effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 943.69, Florida Statutes, is created to
   28  read:
   29         943.69 Care for Retired Law Enforcement Dogs Program.—
   30         (1) SHORT TITLE.—This section may be cited as the “Care for
   31  Retired Law Enforcement Dogs Program Act.”
   32         (2) LEGISLATIVE FINDINGS.—The Legislature finds that:
   33         (a) Law enforcement dogs have become an integral part of
   34  many law enforcement efforts statewide, including the
   35  apprehension of suspects through tracking and searching,
   36  evidence location, drug and bomb detection, and search and
   37  rescue operations;
   38         (b) Law enforcement agencies agree that the use of law
   39  enforcement dogs is an extremely cost-effective means of crime
   40  control and that these dogs possess skills and abilities that
   41  frequently exceed those of existing technology;
   42         (c) The service of law enforcement dogs is often dangerous
   43  and can expose them to injury at a rate higher than that of
   44  nonservice dogs; and
   45         (d) Law enforcement dogs provide significant contributions
   46  to the residents of this state.
   47         (3) DEFINITIONS.—As used in this section, the term:
   48         (a) “Law enforcement agency” means a lawfully established
   49  state or local public agency having primary responsibility for
   50  the prevention and detection of crime or the enforcement of the
   51  penal, traffic, highway, regulatory, game, immigration, postal,
   52  customs, or controlled substance laws.
   53         (b) “Retired law enforcement dog” means a dog that was
   54  previously in the service of or employed by a law enforcement
   55  agency in this state for the principal purpose of aiding in the
   56  detection of criminal activity, enforcement of laws, or
   57  apprehension of offenders and that received certification in
   58  obedience and apprehension work from a certifying organization
   59  such as the National Police Canine Association, Inc., or other
   60  certifying organization.
   61         (c) “Veterinarian” has the same meaning as provided in s.
   62  474.202.
   63         (d) “Veterinary care” means the practice of veterinary
   64  medicine as defined in s. 474.202 by a veterinarian. The term
   65  includes annual wellness examinations, vaccinations, internal
   66  and external parasite prevention treatments, testing and
   67  treatment of illnesses and diseases, medications, emergency care
   68  and surgeries, specialty care such as veterinary oncology,
   69  euthanasia, and cremation.
   70         (4) ESTABLISHMENT OF PROGRAM.—The Care for Retired Law
   71  Enforcement Dogs Program is created within the department to
   72  provide a stable funding source for veterinary care that is
   73  provided to these dogs.
   74         (5) ADMINISTRATION.—The department shall contract with a
   75  corporation not for profit organized under chapter 617 to
   76  administer and manage the Care for Retired Law Enforcement Dogs
   77  Program. Notwithstanding chapter 287, the department shall
   78  select the corporation not for profit through a competitive
   79  grant award process. The corporation not for profit must meet
   80  all of the following criteria:
   81         (a) Be dedicated to the protection or care of retired law
   82  enforcement dogs.
   83         (b) Be 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) Have maintained such tax-exempt status for at least 5
   87  years.
   88         (d) Agree 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.
   91         (e) Demonstrate 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 to the former handler or
  100  adopter of a retired law enforcement dog upon receipt of:
  101         1. Valid documentation from the law enforcement agency from
  102  which the dog retired which verifies that the dog was in the
  103  service of or employed by such agency; and
  104         2. A valid invoice from a veterinarian for veterinary care
  105  provided in this state to a retired law enforcement dog and
  106  documentation establishing payment of the invoice by the former
  107  handler or adopter of a retired law enforcement dog.
  108         (b) Annual disbursements to a former handler or adopter to
  109  reimburse him or her for the cost of veterinary care provided to
  110  a retired law enforcement dog may not exceed $1,500 per dog. A
  111  former handler or adopter of a retired law enforcement dog may
  112  not accumulate unused funds from a current year for use in a
  113  future year.
  114         (c) A former handler or adopter of a retired law
  115  enforcement dog who seeks reimbursement for veterinary care may
  116  not receive reimbursement if funds appropriated for the Care for
  117  Retired Law Enforcement Dogs Program are depleted in the year
  118  for which the reimbursement is sought.
  119         (7) ADMINISTRATIVE FEES.—The department shall pay to the
  120  corporation not for profit, and the corporation not for profit
  121  may use, up to 10 percent of appropriated funds for its
  122  administrative expenses, including salaries and benefits.
  123         (8) RULEMAKING AUTHORITY.—The department shall adopt rules
  124  pursuant to ss. 120.536(1) and 120.54 to implement this section.
  125         Section 2. For the 2018-2019 fiscal year, and each fiscal
  126  year thereafter, the sum of $300,000 in recurring funds is
  127  appropriated from the General Revenue Fund to the Department of
  128  Law Enforcement for the purpose of implementing and
  129  administering the Care for Retired Law Enforcement Dogs Program.
  130         Section 3. This act shall take effect July 1, 2018.