Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 1406
Ì791320nÎ791320
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/24/2014 .
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following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 943.69, Florida Statutes, is created to
6 read:
7 943.69 Care for Retired Law Enforcement Dogs Program Act.—
8 (1) SHORT TITLE.—This section may be cited as the “Care for
9 Retired Law Enforcement Dogs Program Act.”
10 (2) DEFINITIONS.—As used in this section, the term:
11 (a) “Law enforcement agency” means a lawfully established
12 state or local public agency having primary responsibility for
13 the prevention and detection of crime or the enforcement of the
14 penal, traffic, highway, regulatory, game, immigration, postal,
15 customs, or controlled substance laws.
16 (b) “Retired law enforcement dog” means any dog that was in
17 the service of or employed by a law enforcement agency in this
18 state for the principal purpose of aiding in the detection of
19 criminal activity, enforcement of laws, or apprehension of
20 offenders but that no longer serves in the capacity of a law
21 enforcement dog. The retired law enforcement dog must have
22 received certification in obedience and apprehension work from a
23 certifying organization such as the National Police Canine
24 Association or other certifying organization.
25 (c) “Veterinarian” has the same meaning as provided in s.
26 474.202, Florida Statutes.
27 (d) “Veterinary care” means any veterinary medical service
28 described in s. 474.202(9) or s. 474.202(13), Florida Statutes.
29 The term includes annual wellness examinations, vaccines,
30 internal and external parasite prevention treatments, testing
31 and treatment of illnesses and diseases, medications, emergency
32 care and surgeries, specialties of veterinary medicine such as
33 veterinary oncology, and euthanasia, if each of the services is
34 provided by a veterinarian. The term also includes cremation.
35 (3) LEGISLATIVE FINDINGS.— The Legislature finds that:
36 (a) Law enforcement dogs have become an integral part of
37 many law enforcement efforts statewide, including suspect
38 apprehension through tracking and searching, evidence location,
39 drug and bomb detection, and search and rescue operations;
40 (b) Law enforcement agencies agree that the use of law
41 enforcement dogs is an extremely cost-effective means for crime
42 control and that these dogs possess skills and abilities that
43 frequently exceed that of existing technology;
44 (c) The work of law enforcement dogs is often dangerous and
45 can cause these dogs to incur injuries at a rate higher than the
46 rate of injuries that occurs with nonworking dogs; and
47 (d) Law enforcement dogs provide significant contributions
48 to the residents of this state.
49 (4) ESTABLISHMENT OF PROGRAM.-The Care for Retired Law
50 Enforcement Dogs Program is created within the Department of Law
51 Enforcement to provide a stable funding source for former
52 handlers and adopters of retired law enforcement dogs to provide
53 veterinary care for these dogs.
54 (5) ADMINISTRATION.—The Department of Law Enforcement shall
55 contract with a corporation not for profit organized under
56 chapter 617, Florida Statutes, to administer and manage the Care
57 for Retired Law Enforcement Dogs Program. Notwithstanding the
58 competitive sealed bid procedures required under chapter 287,
59 Florida Statutes, the department shall enter into a contract
60 with a corporation that:
61 (a) Is dedicated to the protection or care of retired law
62 enforcement dogs;
63 (b) Holds exempt status under s. 501(a) of the Internal
64 Revenue Code as an organization described in s. 501(c)(3) of the
65 Internal Revenue Code;
66 (c) Has held its exempt status for at least 5 years;
67 (d) Agrees to be subject to review and audit at the
68 discretion of the Auditor General to ensure accurate accounting
69 and disbursement of state funds; and
70 (e) Demonstrates the ability to effectively and efficiently
71 disseminate information and assist former handlers and adopters
72 of retired law enforcement dogs in understanding the provisions
73 of this section.
74 (6) FUNDING.—
75 (a) The corporation shall be the disbursing authority for
76 funds appropriated by the Legislature to the Department of Law
77 Enforcement for the Care for Retired Law Enforcement Dogs
78 Program. These funds shall be disbursed upon receipt of:
79 1. Valid documentation from the law enforcement agency the
80 dog retired from verifying that the dog was in the service of or
81 employed by such agency; and
82 2. A valid invoice, submitted by the former handler or
83 adopter of a retired law enforcement dog, from a veterinarian
84 for veterinary care provided in the state to a retired law
85 enforcement dog.
86 (b) Annual disbursements to any former handler or adopter
87 of a retired law enforcement dog are limited to $1,500 per
88 retired law enforcement dog. A former handler or adopter of a
89 retired law enforcement dog may not accumulate unused funds from
90 one year for use in a future year.
91 (c) A former handler or adopter of a retired law
92 enforcement dog who seeks reimbursement for veterinary services
93 shall not receive reimbursement if funds for the Care for
94 Retired Law Enforcement Dogs Program are depleted in the year
95 for which the reimbursement is sought.
96 (d) Funds appropriated for the Care for Retired Law
97 Enforcement Dogs Program shall be held in the Operating Trust
98 Fund of the Department of Law Enforcement in a separate
99 depository account in the name of the corporation and subject to
100 the provisions of the contract with the department. The contract
101 must provide:
102 1. The corporation must receive administrative fees,
103 including salaries and benefits, not to exceed 10 percent of
104 appropriated funds; and
105 2. That any funds held in the separate depository account
106 in the name of the corporation must revert to the department if
107 the contract expires or is terminated.
108 (e) Notwithstanding s. 216.301, Florida Statutes, and
109 pursuant to s. 216.351, Florida Statutes, the Executive Office
110 of the Governor shall, on July 1 of each year, certify forward
111 all unexpended funds appropriated pursuant to this section.
112 However, in no event shall the fund balance for the Care for
113 Retired Law Enforcement Dogs Program exceed $400,000.
114 (7) RULEMAKING AUTHORITY.- The department shall adopt rules
115 and forms pursuant to ss. 120.536(1) and 120.54 to implement the
116 requirements of this section.
117 Section 2. Beginning in the 2014-2015 fiscal year and each
118 year thereafter, the sum of $300,000 in recurring funds is
119 appropriated from the General Revenue Fund to the Department of
120 Law Enforcement for the purpose of implementing the Care for
121 Retired Law Enforcement Dogs Program as created by this act.
122 Section 3. This act shall take effect July 1, 2014
123
124 ================= T I T L E A M E N D M E N T ================
125 And the title is amended as follows:
126 Delete everything before the enacting clause
127 and insert:
128 A bill to be entitled
129 An act relating to care for retired law enforcement dogs;
130 creating s. 943.69, F.S.; providing a short title; providing
131 definitions; providing legislative findings; creating the Care
132 for Retired Law Enforcement Dogs Program within the Department
133 of Law Enforcement; requiring the department to contract with a
134 corporation not for profit to administer the program and
135 providing criteria therefor; providing specific procedures for
136 how funds will be disbursed for the veterinary care of eligible
137 retired law enforcement dogs; limiting the amount of funds
138 available for any eligible retired law enforcement dog in any
139 one year; providing for the deposit of program funds; providing
140 for the reversion of funds to the department under certain
141 circumstances; providing for the carryforward of unexpended
142 appropriations for use in the program up to certain limits;
143 providing rulemaking authority; providing an annual
144 appropriation; providing an effective date.