2 | The Committee on Public Safety & Crime Prevention recommends the |
3 | following: |
4 |
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5 | Committee Substitute |
6 | Remove the entire bill and insert: |
7 | A bill to be entitled |
8 | An act relating to law enforcement and correctional |
9 | officers; providing a popular name; amending s. 112.19, |
10 | F.S.; providing death benefits for law enforcement, |
11 | correctional, or correctional probation officers in |
12 | certain circumstances; amending s. 112.532, F.S.; |
13 | providing a limitation on certain actions involving the |
14 | discipline, demotion, or dismissal of a law enforcement |
15 | officer or correctional officer; providing for written |
16 | notification of such actions; providing exceptions to the |
17 | limitation; providing for the reopening of investigations |
18 | and subsequent disciplinary action in certain |
19 | circumstances; reenacting ss. 110.123(4)(e), 112.19(3), as |
20 | amended by ch. 2002-191, Laws of Florida, 112.119(3), as |
21 | amended by chs. 2002-232 and 2003-1, Laws of Florida, |
22 | 250.34(4), 285.18(2)(c), 943.04(2)(d), and 943.68(2), |
23 | F.S., relating to contributions under the state group |
24 | insurance program, educational benefits for children and |
25 | spouses of certain law enforcement personnel, educational |
26 | benefits for children of certain law enforcement |
27 | personnel, benefits for certain members of the Florida |
28 | National Guard, benefits for certain law enforcement |
29 | personnel employed by tribal councils, benefits for |
30 | certain law enforcement personnel employed by the |
31 | Department of Law Enforcement in the Criminal Justice |
32 | Investigations and Forensic Science Program, and benefits |
33 | for certain law enforcement personnel employed by the |
34 | Department of Law Enforcement to provide certain security |
35 | involving the Governor, respectively, for the purpose of |
36 | incorporating the amendment to s. 112.19, F.S., in |
37 | references thereto; providing applicability; providing an |
38 | effective date. |
39 |
|
40 | Be It Enacted by the Legislature of the State of Florida: |
41 |
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42 | Section 1. This act shall be known by the popular name the |
43 | "Deputy James M. Weaver Act." |
44 | Section 2. Subsection (2) of section 112.19, Florida |
45 | Statutes, is amended to read: |
46 | 112.19 Law enforcement, correctional, and correctional |
47 | probation officers; death benefits.-- |
48 | (2)(a) The sum of $50,000, as adjusted pursuant to |
49 | paragraph (j), shall be paid as provided in this section when a |
50 | law enforcement, correctional, or correctional probation |
51 | officer, while engaged in the performance of the officer's law |
52 | enforcement duties, is accidentally killed or receives |
53 | accidental bodily injury which results in the loss of the |
54 | officer's life, provided that such killing is not the result of |
55 | suicide and that such bodily injury is not intentionally self- |
56 | inflicted. Notwithstanding any other provision of law, in no |
57 | case shall the amount payable under this subsection be less than |
58 | the actual amount stated therein. |
59 | (b) The sum of $50,000, as adjusted pursuant to paragraph |
60 | (j), shall be paid as provided in this section if a law |
61 | enforcement, correctional, or correctional probation officer is |
62 | accidentally killed as specified in paragraph (a) and the |
63 | accidental death occurs as a result of the officer's response to |
64 | fresh pursuit or to the officer's response to what is reasonably |
65 | believed to be an emergency, or if the officer is accidentally |
66 | killed at the scene of a traffic accident or while enforcing |
67 | what is reasonably believed to be a traffic law or ordinance. |
68 | This sum is in addition to any sum provided for in paragraph |
69 | (a). Notwithstanding any other provision of law, in no case |
70 | shall the amount payable under this subsection be less than the |
71 | actual amount stated therein. |
72 | (c) If a law enforcement, correctional, or correctional |
73 | probation officer, while engaged in the performance of the |
74 | officer's law enforcement duties, is unlawfully and |
75 | intentionally killed or dies as a result of such unlawful and |
76 | intentional act, the sum of $150,000, as adjusted pursuant to |
77 | paragraph (j), shall be paid as provided in this section. |
78 | Notwithstanding any other provision of law, in no case shall the |
79 | amount payable under this subsection be less than the actual |
80 | amount stated therein. |
81 | (d) Such payments, pursuant to the provisions of |
82 | paragraphs (a), (b), and (c), whether secured by insurance or |
83 | not, shall be made to the beneficiary designated by such law |
84 | enforcement, correctional, or correctional probation officer in |
85 | writing, signed by the officer and delivered to the employer |
86 | during the officer's lifetime. If no such designation is made, |
87 | then it shall be paid to the officer's surviving child or |
88 | children and spouse in equal portions, and if there is no |
89 | surviving child or spouse, then to the officer's parent or |
90 | parents. If a beneficiary is not designated and there is no |
91 | surviving child, spouse, or parent, then it shall be paid to the |
92 | officer's estate. |
93 | (e) Such payments, pursuant to the provisions of |
94 | paragraphs (a), (b), and (c), are in addition to any workers' |
95 | compensation or pension benefits and are exempt from the claims |
96 | and demands of creditors of such law enforcement, correctional, |
97 | or correctional probation officer. |
98 | (f) If a full-time law enforcement, correctional, or |
99 | correctional probation officer who is employed by a state agency |
100 | is killed in the line of duty as a result of an act of violence |
101 | inflicted by another person while the officer is engaged in the |
102 | performance of law enforcement duties or as a result of an |
103 | assault against the officer under riot conditions, the sum of |
104 | $1,000 shall be paid, as provided for in paragraph (d), toward |
105 | the funeral and burial expenses of such officer. Such benefits |
106 | are in addition to any other benefits which employee |
107 | beneficiaries and dependents are entitled to under the |
108 | provisions of the Workers' Compensation Law or any other state |
109 | or federal statutes. |
110 | (g) Any political subdivision of the state that employs a |
111 | full-time law enforcement officer as defined in s. 943.10(1) or |
112 | a full-time correctional officer as defined in s. 943.10(2) who |
113 | is killed in the line of duty on or after July 1, 1993, as a |
114 | result of an act of violence inflicted by another person while |
115 | the officer is engaged in the performance of law enforcement |
116 | duties or as a result of an assault against the officer under |
117 | riot conditions shall pay the entire premium of the political |
118 | subdivision's health insurance plan for the employee's surviving |
119 | spouse until remarried, and for each dependent child of the |
120 | employee until the child reaches the age of majority or until |
121 | the end of the calendar year in which the child reaches the age |
122 | of 25 if: |
123 | 1. At the time of the employee's death, the child is |
124 | dependent upon the employee for support; and |
125 | 2. The surviving child continues to be dependent for |
126 | support, or the surviving child is a full-time or part-time |
127 | student and is dependent for support. |
128 | (h)1. Any employer who employs a full-time law |
129 | enforcement, correctional, or correctional probation officer |
130 | who, on or after January 1, 1995, suffers a catastrophic injury, |
131 | as defined in s. 440.02, Florida Statutes 2002, in the line of |
132 | duty shall pay the entire premium of the employer's health |
133 | insurance plan for the injured employee, the injured employee's |
134 | spouse, and for each dependent child of the injured employee |
135 | until the child reaches the age of majority or until the end of |
136 | the calendar year in which the child reaches the age of 25 if |
137 | the child continues to be dependent for support, or the child is |
138 | a full-time or part-time student and is dependent for support. |
139 | The term "health insurance plan" does not include supplemental |
140 | benefits that are not part of the basic group health insurance |
141 | plan. If the injured employee subsequently dies, the employer |
142 | shall continue to pay the entire health insurance premium for |
143 | the surviving spouse until remarried, and for the dependent |
144 | children, under the conditions outlined in this paragraph. |
145 | However: |
146 | a. Health insurance benefits payable from any other source |
147 | shall reduce benefits payable under this section. |
148 | b. It is unlawful for a person to willfully and knowingly |
149 | make, or cause to be made, or to assist, conspire with, or urge |
150 | another to make, or cause to be made, any false, fraudulent, or |
151 | misleading oral or written statement to obtain health insurance |
152 | coverage as provided under this paragraph. A person who violates |
153 | this sub-subparagraph commits a misdemeanor of the first degree, |
154 | punishable as provided in s. 775.082 or s. 775.083. |
155 | c. In addition to any applicable criminal penalty, upon |
156 | conviction for a violation as described in sub-subparagraph b., |
157 | a law enforcement, correctional, or correctional probation |
158 | officer or other beneficiary who receives or seeks to receive |
159 | health insurance benefits under this paragraph shall forfeit the |
160 | right to receive such health insurance benefits, and shall |
161 | reimburse the employer for all benefits paid due to the fraud or |
162 | other prohibited activity. For purposes of this sub- |
163 | subparagraph, "conviction" means a determination of guilt that |
164 | is the result of a plea or trial, regardless of whether |
165 | adjudication is withheld. |
166 | 2. In order for the officer, spouse, and dependent |
167 | children to be eligible for such insurance coverage, the injury |
168 | must have occurred as the result of the officer's response to |
169 | fresh pursuit, the officer's response to what is reasonably |
170 | believed to be an emergency, or an unlawful act perpetrated by |
171 | another. Except as otherwise provided herein, nothing in this |
172 | paragraph shall be construed to limit health insurance coverage |
173 | for which the officer, spouse, or dependent children may |
174 | otherwise be eligible, except that a person who qualifies under |
175 | this section shall not be eligible for the health insurance |
176 | subsidy provided under chapter 121, chapter 175, or chapter 185. |
177 | (i) The Bureau of Crime Prevention and Training within the |
178 | Department of Legal Affairs shall adopt rules necessary to |
179 | implement paragraphs (a), (b), and (c). |
180 | (j) Any payments made pursuant to paragraph (a), paragraph |
181 | (b), or paragraph (c) shall consist of the statutory amount |
182 | adjusted to reflect price level changes since the effective date |
183 | of this act. The Bureau of Crime Prevention and Training shall |
184 | by rule adjust the statutory amount based on the Consumer Price |
185 | Index for all urban consumers published by the United States |
186 | Department of Labor. Adjustment shall be made July 1 of each |
187 | year using the most recent month for which data are available at |
188 | the time of the adjustment. |
189 | Section 3. Subsection (6) is added to section 112.532, |
190 | Florida Statutes, to read: |
191 | 112.532 Law enforcement officers' and correctional |
192 | officers' rights.--All law enforcement officers and correctional |
193 | officers employed by or appointed to a law enforcement agency or |
194 | a correctional agency shall have the following rights and |
195 | privileges: |
196 | (6) LIMITATION PERIOD FOR DISCIPLINARY ACTIONS, DEMOTIONS, |
197 | AND DISMISSALS.-- |
198 | (a) Except as provided in this subsection, no disciplinary |
199 | action, demotion, or dismissal shall be undertaken by an agency |
200 | against a law enforcement officer or correctional officer for |
201 | any act, omission, or other allegation of misconduct if the |
202 | investigation of such allegation is not completed within 180 |
203 | days after the date the agency receives notice of the allegation |
204 | by a person authorized by the agency to initiate an |
205 | investigation of the misconduct. In the event that the agency |
206 | determines that disciplinary action is appropriate, it shall |
207 | complete its investigation and give notice in writing to the law |
208 | enforcement officer or correctional officer of its intent to |
209 | proceed with disciplinary action, along with a proposal of the |
210 | action sought. Such notice to the officer shall be provided |
211 | within 180 days after the date the agency received notice of the |
212 | alleged misconduct, except as follows: |
213 | 1. The limitation of 180 days may be tolled for a period |
214 | specified in a written waiver of the limitation by the law |
215 | enforcement officer or correctional officer. |
216 | 2. The limitation of 180 days shall be tolled during the |
217 | time that any criminal investigation or prosecution is pending |
218 | in connection with the act, omission, or other allegation of |
219 | misconduct. |
220 | 3. The limitation of 180 days shall be tolled during the |
221 | period of incapacitation if the investigation involves an |
222 | officer who is incapacitated or otherwise unavailable. |
223 | 4. The limitation of 180 days may be extended for a period |
224 | of time reasonably necessary to facilitate the coordination of |
225 | involved agencies in a multijurisdictional investigation. |
226 | (b) Notwithstanding the limitation of 180 days to commence |
227 | disciplinary action, demotion, or dismissal, an investigation |
228 | against a law enforcement officer or correctional officer may be |
229 | reopened if: |
230 | 1. Significant new evidence has been discovered that is |
231 | likely to affect the outcome of the investigation. |
232 | 2. The evidence could not have reasonably been discovered |
233 | in the normal course of investigation or the evidence resulted |
234 | from the predisciplinary response of the officer. |
235 |
|
236 | Any disciplinary action pursuant to an investigation that is |
237 | reopened pursuant to this paragraph must be completed within 90 |
238 | days after the date the investigation is reopened. |
239 | Section 4. For the purpose of incorporating the amendment |
240 | to section 112.19, Florida Statutes, in references thereto, |
241 | paragraph (e) of subsection (4) of section 110.123, Florida |
242 | Statutes, is reenacted to read: |
243 | 110.123 State group insurance program.-- |
244 | (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE; LIMITATION |
245 | ON ACTIONS TO PAY AND COLLECT PREMIUMS.-- |
246 | (e) No state contribution for the cost of any part of the |
247 | premium shall be made for retirees or surviving spouses for any |
248 | type of coverage under the state group insurance program. |
249 | However, any state agency that employs a full-time law |
250 | enforcement officer, correctional officer, or correctional |
251 | probation officer who is killed or suffers catastrophic injury |
252 | in the line of duty as provided in s. 112.19, or a full-time |
253 | firefighter who is killed or suffers catastrophic injury in the |
254 | line of duty as provided in s. 112.191, shall pay the entire |
255 | premium of the state group health insurance plan selected for |
256 | the employee's surviving spouse until remarried, and for each |
257 | dependent child of the employee, subject to the conditions and |
258 | limitations set forth in s. 112.19 or s. 112.191, as applicable. |
259 | Section 5. For the purpose of incorporating the amendment |
260 | to section 112.19, Florida Statutes, subsection (3) of said |
261 | section, as amended by section 1 of chapter 2002-191, Laws of |
262 | Florida, is reenacted to read: |
263 | 112.19 Law enforcement, correctional, and correctional |
264 | probation officers; death benefits.-- |
265 | (3) If a law enforcement, correctional, or correctional |
266 | probation officer is accidentally killed as specified in |
267 | paragraph (2)(b) on or after June 22, 1990, or unlawfully and |
268 | intentionally killed as specified in paragraph (2)(c) on or |
269 | after July 1, 1980, the state shall waive certain educational |
270 | expenses that the child or spouse of the deceased officer incurs |
271 | while obtaining a vocational-technical certificate, an |
272 | undergraduate education, or a postgraduate education. The amount |
273 | waived by the state shall be an amount equal to the cost of |
274 | tuition and matriculation and registration fees for a total of |
275 | 120 credit hours. The child or spouse may attend a state |
276 | vocational-technical school, a state community college, or a |
277 | state university. The child or spouse may attend any or all of |
278 | the institutions specified in this subsection, on either a full- |
279 | time or part-time basis. The benefits provided to a child under |
280 | this subsection shall continue until the child's 25th birthday. |
281 | The benefits provided to a spouse under this subsection must |
282 | commence within 5 years after the death occurs, and entitlement |
283 | thereto shall continue until the 10th anniversary of that death. |
284 | (a) Upon failure of any child or spouse benefited by the |
285 | provisions of this subsection to comply with the ordinary and |
286 | minimum requirements of the institution attended, both as to |
287 | discipline and scholarship, the benefits shall be withdrawn as |
288 | to the child or spouse and no further moneys may be expended for |
289 | the child's or spouse's benefits so long as such failure or |
290 | delinquency continues. |
291 | (b) Only a student in good standing in his or her |
292 | respective institution may receive the benefits thereof. |
293 | (c) A child or spouse receiving benefits under this |
294 | subsection must be enrolled according to the customary rules and |
295 | requirements of the institution attended. |
296 | Section 6. For the purpose of incorporating the amendment |
297 | to section 112.19, Florida Statutes, subsection (3) of said |
298 | section, as amended by section 1 of chapter 2002-232, Laws of |
299 | Florida, as amended by section 9 of chapter 2003-1, Laws of |
300 | Florida, is reenacted to read: |
301 | 112.19 Law enforcement, correctional, and correctional |
302 | probation officers; death benefits.-- |
303 | (3) If a law enforcement, correctional, or correctional |
304 | probation officer is accidentally killed as specified in |
305 | paragraph (2)(b) on or after June 22, 1990, or unlawfully and |
306 | intentionally killed as specified in paragraph (2)(c) on or |
307 | after July 1, 1980, the state shall waive certain educational |
308 | expenses that children of the deceased officer incur while |
309 | obtaining a vocational-technical certificate, an undergraduate |
310 | education, or a graduate or postbaccalaureate professional |
311 | degree. The amount waived by the state shall be an amount equal |
312 | to the cost of tuition, matriculation, and other statutorily |
313 | authorized fees for a total of 120 credit hours for a |
314 | vocational-technical certificate or an undergraduate education. |
315 | For a child pursuing a graduate or postbaccalaureate |
316 | professional degree, the amount waived shall equal the cost of |
317 | matriculation and other statutorily authorized fees incurred |
318 | while the child continues to fulfill the professional |
319 | requirements associated with the graduate or postbaccalaureate |
320 | professional degree program, and eligibility continues until the |
321 | child's 29th birthday. The child may attend a state vocational- |
322 | technical school, a state community college, or a state |
323 | university. The child may attend any or all of the institutions |
324 | specified in this subsection, on either a full-time or part-time |
325 | basis. For a child pursuing a vocational-technical certificate |
326 | or an undergraduate education, the benefits provided under this |
327 | subsection shall continue to the child until the child's 25th |
328 | birthday. To be eligible for the benefits provided under this |
329 | subsection for enrollment in a graduate or postbaccalaureate |
330 | professional degree program, the child must be a state resident, |
331 | as defined in s. 1009.21, at the time of enrollment. |
332 | (a) Upon failure of any child benefited by the provisions |
333 | of this section to comply with the ordinary and minimum |
334 | requirements of the institution attended, both as to discipline |
335 | and scholarship, the benefits shall be withdrawn as to the child |
336 | and no further moneys may be expended for the child's benefits |
337 | so long as such failure or delinquency continues. |
338 | (b) Only a student in good standing in his or her |
339 | respective institution may receive the benefits thereof. |
340 | (c) A child receiving benefits under this section must be |
341 | enrolled according to the customary rules and requirements of |
342 | the institution attended. |
343 | Section 7. For the purpose of incorporating the amendment |
344 | to section 112.19, Florida Statutes, in references thereto, |
345 | subsection (4) of section 250.34, Florida Statutes, is reenacted |
346 | to read: |
347 | 250.34 Injury or death on state active duty.-- |
348 | (4) Each member of the Florida National Guard who is |
349 | killed, or who dies as the result of injuries incurred, while on |
350 | state active duty under competent orders qualifies for benefits |
351 | as a law enforcement officer pursuant to s. 112.19 or any |
352 | successor statute providing for death benefits for law |
353 | enforcement officers, and the decedent's survivors or estate are |
354 | entitled to the death benefits provided in s. 112.19. However, |
355 | this section does not prohibit survivors or the estate of the |
356 | decedent from presenting a claim bill for approval by the |
357 | Legislature in addition to the death benefits provided in this |
358 | section. |
359 | Section 8. For the purpose of incorporating the amendment |
360 | to section 112.19, Florida Statutes, in a reference thereto, |
361 | paragraph (c) of subsection (2) of section 285.18, Florida |
362 | Statutes, is reenacted to read: |
363 | 285.18 Tribal council as governing body; powers and |
364 | duties.-- |
365 | (2) The governing bodies of the special improvement |
366 | districts shall have the duty and power: |
367 | (c) To employ personnel to exercise law enforcement |
368 | powers, including the investigation of violations of any of the |
369 | criminal laws of the state occurring on reservations over which |
370 | the state has assumed jurisdiction pursuant to s. 285.16. |
371 | 1. All law enforcement personnel employed shall be |
372 | considered peace officers for all purposes and shall have the |
373 | authority to bear arms, make arrests, and apply for, serve, and |
374 | execute search warrants, arrest warrants, capias, and other |
375 | process of the court, and to enforce criminal and noncriminal |
376 | traffic offenses, within their respective special improvement |
377 | districts. |
378 | 2. All law enforcement personnel shall be entitled to the |
379 | privileges, protection, and benefits of ss. 112.19 and 870.05. |
380 | Section 9. For the purpose of incorporating the amendment |
381 | to section 112.19, Florida Statutes, in a reference thereto, |
382 | paragraph (d) of subsection (2) of section 943.04, Florida |
383 | Statutes, is reenacted to read: |
384 | 943.04 Criminal Justice Investigations and Forensic |
385 | Science Program; creation; investigative, forensic, and related |
386 | authority.-- |
387 | (2) |
388 | (d) All investigators employed by the department shall be |
389 | considered law enforcement officers for all purposes. The |
390 | executive director shall have the authority to designate the |
391 | person occupying any appropriate position within the department |
392 | as a law enforcement officer, if such person is qualified under |
393 | the department's personnel regulations relating to agents and is |
394 | certified pursuant to s. 943.1395(1), and all persons thus |
395 | employed by the department shall be considered law enforcement |
396 | officers for all purposes and shall be entitled to the |
397 | privileges, protection, and benefits of ss. 112.19, 121.051, |
398 | 122.34, and 870.05. |
399 | Section 10. For the purpose of incorporating the amendment |
400 | to section 112.19, Florida Statutes, in a reference thereto, |
401 | subsection (2) of section 943.68, Florida Statutes, is reenacted |
402 | to read: |
403 | 943.68 Transportation and protective services.-- |
404 | (2) The department shall employ such personnel as may be |
405 | necessary to carry out this responsibility, including uniformed |
406 | and nonuniformed officers or agents who shall have authority to |
407 | bear arms and make arrests, with or without warrant, for |
408 | violations of any of the criminal laws of the state, under the |
409 | same terms and conditions as investigative personnel of the |
410 | department, and who shall be considered peace officers for all |
411 | purposes, including, but not limited to, the privileges, |
412 | protections, and benefits of ss. 112.19, 121.051, 122.34, and |
413 | 870.05. |
414 | Section 11. This act shall take effect July 1, 2004, and |
415 | shall apply to actions arising on or after that date. |