Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1406
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/24/2014           .                                

    1         Senate Amendment (with title amendment)
    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
  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.