HB 0597CS

CHAMBER ACTION



2The Committee on Public Safety & Crime Prevention recommends the
3following:
4
5     Committee Substitute
6     Remove the entire bill and insert:
7
A bill to be entitled
8An act relating to law enforcement and correctional
9officers; providing a popular name; amending s. 112.19,
10F.S.; providing death benefits for law enforcement,
11correctional, or correctional probation officers in
12certain circumstances; amending s. 112.532, F.S.;
13providing a limitation on certain actions involving the
14discipline, demotion, or dismissal of a law enforcement
15officer or correctional officer; providing for written
16notification of such actions; providing exceptions to the
17limitation; providing for the reopening of investigations
18and subsequent disciplinary action in certain
19circumstances; reenacting ss. 110.123(4)(e), 112.19(3), as
20amended by ch. 2002-191, Laws of Florida, 112.119(3), as
21amended by chs. 2002-232 and 2003-1, Laws of Florida,
22250.34(4), 285.18(2)(c), 943.04(2)(d), and 943.68(2),
23F.S., relating to contributions under the state group
24insurance program, educational benefits for children and
25spouses of certain law enforcement personnel, educational
26benefits for children of certain law enforcement
27personnel, benefits for certain members of the Florida
28National Guard, benefits for certain law enforcement
29personnel employed by tribal councils, benefits for
30certain law enforcement personnel employed by the
31Department of Law Enforcement in the Criminal Justice
32Investigations and Forensic Science Program, and benefits
33for certain law enforcement personnel employed by the
34Department of Law Enforcement to provide certain security
35involving the Governor, respectively, for the purpose of
36incorporating the amendment to s. 112.19, F.S., in
37references thereto; providing applicability; providing an
38effective date.
39
40Be It Enacted by the Legislature of the State of Florida:
41
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
45Statutes, is amended to read:
46     112.19  Law enforcement, correctional, and correctional
47probation officers; death benefits.--
48     (2)(a)  The sum of $50,000, as adjusted pursuant to
49paragraph (j), shall be paid as provided in this section when a
50law enforcement, correctional, or correctional probation
51officer, while engaged in the performance of the officer's law
52enforcement duties, is accidentally killed or receives
53accidental bodily injury which results in the loss of the
54officer's life, provided that such killing is not the result of
55suicide and that such bodily injury is not intentionally self-
56inflicted. Notwithstanding any other provision of law, in no
57case shall the amount payable under this subsection be less than
58the 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
61enforcement, correctional, or correctional probation officer is
62accidentally killed as specified in paragraph (a) and the
63accidental death occurs as a result of the officer's response to
64fresh pursuit or to the officer's response to what is reasonably
65believed to be an emergency, or if the officer is accidentally
66killed at the scene of a traffic accident or while enforcing
67what is reasonably believed to be a traffic law or ordinance.
68This sum is in addition to any sum provided for in paragraph
69(a). Notwithstanding any other provision of law, in no case
70shall the amount payable under this subsection be less than the
71actual amount stated therein.
72     (c)  If a law enforcement, correctional, or correctional
73probation officer, while engaged in the performance of the
74officer's law enforcement duties, is unlawfully and
75intentionally killed or dies as a result of such unlawful and
76intentional act, the sum of $150,000, as adjusted pursuant to
77paragraph (j), shall be paid as provided in this section.
78Notwithstanding any other provision of law, in no case shall the
79amount payable under this subsection be less than the actual
80amount stated therein.
81     (d)  Such payments, pursuant to the provisions of
82paragraphs (a), (b), and (c), whether secured by insurance or
83not, shall be made to the beneficiary designated by such law
84enforcement, correctional, or correctional probation officer in
85writing, signed by the officer and delivered to the employer
86during the officer's lifetime. If no such designation is made,
87then it shall be paid to the officer's surviving child or
88children and spouse in equal portions, and if there is no
89surviving child or spouse, then to the officer's parent or
90parents. If a beneficiary is not designated and there is no
91surviving child, spouse, or parent, then it shall be paid to the
92officer's estate.
93     (e)  Such payments, pursuant to the provisions of
94paragraphs (a), (b), and (c), are in addition to any workers'
95compensation or pension benefits and are exempt from the claims
96and demands of creditors of such law enforcement, correctional,
97or correctional probation officer.
98     (f)  If a full-time law enforcement, correctional, or
99correctional probation officer who is employed by a state agency
100is killed in the line of duty as a result of an act of violence
101inflicted by another person while the officer is engaged in the
102performance of law enforcement duties or as a result of an
103assault against the officer under riot conditions, the sum of
104$1,000 shall be paid, as provided for in paragraph (d), toward
105the funeral and burial expenses of such officer. Such benefits
106are in addition to any other benefits which employee
107beneficiaries and dependents are entitled to under the
108provisions of the Workers' Compensation Law or any other state
109or federal statutes.
110     (g)  Any political subdivision of the state that employs a
111full-time law enforcement officer as defined in s. 943.10(1) or
112a full-time correctional officer as defined in s. 943.10(2) who
113is killed in the line of duty on or after July 1, 1993, as a
114result of an act of violence inflicted by another person while
115the officer is engaged in the performance of law enforcement
116duties or as a result of an assault against the officer under
117riot conditions shall pay the entire premium of the political
118subdivision's health insurance plan for the employee's surviving
119spouse until remarried, and for each dependent child of the
120employee until the child reaches the age of majority or until
121the end of the calendar year in which the child reaches the age
122of 25 if:
123     1.  At the time of the employee's death, the child is
124dependent upon the employee for support; and
125     2.  The surviving child continues to be dependent for
126support, or the surviving child is a full-time or part-time
127student and is dependent for support.
128     (h)1.  Any employer who employs a full-time law
129enforcement, correctional, or correctional probation officer
130who, on or after January 1, 1995, suffers a catastrophic injury,
131as defined in s. 440.02, Florida Statutes 2002, in the line of
132duty shall pay the entire premium of the employer's health
133insurance plan for the injured employee, the injured employee's
134spouse, and for each dependent child of the injured employee
135until the child reaches the age of majority or until the end of
136the calendar year in which the child reaches the age of 25 if
137the child continues to be dependent for support, or the child is
138a full-time or part-time student and is dependent for support.
139The term "health insurance plan" does not include supplemental
140benefits that are not part of the basic group health insurance
141plan. If the injured employee subsequently dies, the employer
142shall continue to pay the entire health insurance premium for
143the surviving spouse until remarried, and for the dependent
144children, under the conditions outlined in this paragraph.
145However:
146     a.  Health insurance benefits payable from any other source
147shall reduce benefits payable under this section.
148     b.  It is unlawful for a person to willfully and knowingly
149make, or cause to be made, or to assist, conspire with, or urge
150another to make, or cause to be made, any false, fraudulent, or
151misleading oral or written statement to obtain health insurance
152coverage as provided under this paragraph. A person who violates
153this sub-subparagraph commits a misdemeanor of the first degree,
154punishable as provided in s. 775.082 or s. 775.083.
155     c.  In addition to any applicable criminal penalty, upon
156conviction for a violation as described in sub-subparagraph b.,
157a law enforcement, correctional, or correctional probation
158officer or other beneficiary who receives or seeks to receive
159health insurance benefits under this paragraph shall forfeit the
160right to receive such health insurance benefits, and shall
161reimburse the employer for all benefits paid due to the fraud or
162other prohibited activity. For purposes of this sub-
163subparagraph, "conviction" means a determination of guilt that
164is the result of a plea or trial, regardless of whether
165adjudication is withheld.
166     2.  In order for the officer, spouse, and dependent
167children to be eligible for such insurance coverage, the injury
168must have occurred as the result of the officer's response to
169fresh pursuit, the officer's response to what is reasonably
170believed to be an emergency, or an unlawful act perpetrated by
171another. Except as otherwise provided herein, nothing in this
172paragraph shall be construed to limit health insurance coverage
173for which the officer, spouse, or dependent children may
174otherwise be eligible, except that a person who qualifies under
175this section shall not be eligible for the health insurance
176subsidy provided under chapter 121, chapter 175, or chapter 185.
177     (i)  The Bureau of Crime Prevention and Training within the
178Department of Legal Affairs shall adopt rules necessary to
179implement 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
182adjusted to reflect price level changes since the effective date
183of this act. The Bureau of Crime Prevention and Training shall
184by rule adjust the statutory amount based on the Consumer Price
185Index for all urban consumers published by the United States
186Department of Labor. Adjustment shall be made July 1 of each
187year using the most recent month for which data are available at
188the time of the adjustment.
189     Section 3.  Subsection (6) is added to section 112.532,
190Florida Statutes, to read:
191     112.532  Law enforcement officers' and correctional
192officers' rights.--All law enforcement officers and correctional
193officers employed by or appointed to a law enforcement agency or
194a correctional agency shall have the following rights and
195privileges:
196     (6)  LIMITATION PERIOD FOR DISCIPLINARY ACTIONS, DEMOTIONS,
197AND DISMISSALS.--
198     (a)  Except as provided in this subsection, no disciplinary
199action, demotion, or dismissal shall be undertaken by an agency
200against a law enforcement officer or correctional officer for
201any act, omission, or other allegation of misconduct if the
202investigation of such allegation is not completed within 180
203days after the date the agency receives notice of the allegation
204by a person authorized by the agency to initiate an
205investigation of the misconduct. In the event that the agency
206determines that disciplinary action is appropriate, it shall
207complete its investigation and give notice in writing to the law
208enforcement officer or correctional officer of its intent to
209proceed with disciplinary action, along with a proposal of the
210action sought. Such notice to the officer shall be provided
211within 180 days after the date the agency received notice of the
212alleged misconduct, except as follows:
213     1.  The limitation of 180 days may be tolled for a period
214specified in a written waiver of the limitation by the law
215enforcement officer or correctional officer.
216     2.  The limitation of 180 days shall be tolled during the
217time that any criminal investigation or prosecution is pending
218in connection with the act, omission, or other allegation of
219misconduct.
220     3.  The limitation of 180 days shall be tolled during the
221period of incapacitation if the investigation involves an
222officer who is incapacitated or otherwise unavailable.
223     4.  The limitation of 180 days may be extended for a period
224of time reasonably necessary to facilitate the coordination of
225involved agencies in a multijurisdictional investigation.
226     (b)  Notwithstanding the limitation of 180 days to commence
227disciplinary action, demotion, or dismissal, an investigation
228against a law enforcement officer or correctional officer may be
229reopened if:
230     1.  Significant new evidence has been discovered that is
231likely to affect the outcome of the investigation.
232     2.  The evidence could not have reasonably been discovered
233in the normal course of investigation or the evidence resulted
234from the predisciplinary response of the officer.
235
236Any disciplinary action pursuant to an investigation that is
237reopened pursuant to this paragraph must be completed within 90
238days after the date the investigation is reopened.
239     Section 4.  For the purpose of incorporating the amendment
240to section 112.19, Florida Statutes, in references thereto,
241paragraph (e) of subsection (4) of section 110.123, Florida
242Statutes, is reenacted to read:
243     110.123  State group insurance program.--
244     (4)  PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE; LIMITATION
245ON ACTIONS TO PAY AND COLLECT PREMIUMS.--
246     (e)  No state contribution for the cost of any part of the
247premium shall be made for retirees or surviving spouses for any
248type of coverage under the state group insurance program.
249However, any state agency that employs a full-time law
250enforcement officer, correctional officer, or correctional
251probation officer who is killed or suffers catastrophic injury
252in the line of duty as provided in s. 112.19, or a full-time
253firefighter who is killed or suffers catastrophic injury in the
254line of duty as provided in s. 112.191, shall pay the entire
255premium of the state group health insurance plan selected for
256the employee's surviving spouse until remarried, and for each
257dependent child of the employee, subject to the conditions and
258limitations set forth in s. 112.19 or s. 112.191, as applicable.
259     Section 5.  For the purpose of incorporating the amendment
260to section 112.19, Florida Statutes, subsection (3) of said
261section, as amended by section 1 of chapter 2002-191, Laws of
262Florida, is reenacted to read:
263     112.19  Law enforcement, correctional, and correctional
264probation officers; death benefits.--
265     (3)  If a law enforcement, correctional, or correctional
266probation officer is accidentally killed as specified in
267paragraph (2)(b) on or after June 22, 1990, or unlawfully and
268intentionally killed as specified in paragraph (2)(c) on or
269after July 1, 1980, the state shall waive certain educational
270expenses that the child or spouse of the deceased officer incurs
271while obtaining a vocational-technical certificate, an
272undergraduate education, or a postgraduate education. The amount
273waived by the state shall be an amount equal to the cost of
274tuition and matriculation and registration fees for a total of
275120 credit hours. The child or spouse may attend a state
276vocational-technical school, a state community college, or a
277state university. The child or spouse may attend any or all of
278the institutions specified in this subsection, on either a full-
279time or part-time basis. The benefits provided to a child under
280this subsection shall continue until the child's 25th birthday.
281The benefits provided to a spouse under this subsection must
282commence within 5 years after the death occurs, and entitlement
283thereto shall continue until the 10th anniversary of that death.
284     (a)  Upon failure of any child or spouse benefited by the
285provisions of this subsection to comply with the ordinary and
286minimum requirements of the institution attended, both as to
287discipline and scholarship, the benefits shall be withdrawn as
288to the child or spouse and no further moneys may be expended for
289the child's or spouse's benefits so long as such failure or
290delinquency continues.
291     (b)  Only a student in good standing in his or her
292respective institution may receive the benefits thereof.
293     (c)  A child or spouse receiving benefits under this
294subsection must be enrolled according to the customary rules and
295requirements of the institution attended.
296     Section 6.  For the purpose of incorporating the amendment
297to section 112.19, Florida Statutes, subsection (3) of said
298section, as amended by section 1 of chapter 2002-232, Laws of
299Florida, as amended by section 9 of chapter 2003-1, Laws of
300Florida, is reenacted to read:
301     112.19  Law enforcement, correctional, and correctional
302probation officers; death benefits.--
303     (3)  If a law enforcement, correctional, or correctional
304probation officer is accidentally killed as specified in
305paragraph (2)(b) on or after June 22, 1990, or unlawfully and
306intentionally killed as specified in paragraph (2)(c) on or
307after July 1, 1980, the state shall waive certain educational
308expenses that children of the deceased officer incur while
309obtaining a vocational-technical certificate, an undergraduate
310education, or a graduate or postbaccalaureate professional
311degree. The amount waived by the state shall be an amount equal
312to the cost of tuition, matriculation, and other statutorily
313authorized fees for a total of 120 credit hours for a
314vocational-technical certificate or an undergraduate education.
315For a child pursuing a graduate or postbaccalaureate
316professional degree, the amount waived shall equal the cost of
317matriculation and other statutorily authorized fees incurred
318while the child continues to fulfill the professional
319requirements associated with the graduate or postbaccalaureate
320professional degree program, and eligibility continues until the
321child's 29th birthday. The child may attend a state vocational-
322technical school, a state community college, or a state
323university. The child may attend any or all of the institutions
324specified in this subsection, on either a full-time or part-time
325basis. For a child pursuing a vocational-technical certificate
326or an undergraduate education, the benefits provided under this
327subsection shall continue to the child until the child's 25th
328birthday. To be eligible for the benefits provided under this
329subsection for enrollment in a graduate or postbaccalaureate
330professional degree program, the child must be a state resident,
331as defined in s. 1009.21, at the time of enrollment.
332     (a)  Upon failure of any child benefited by the provisions
333of this section to comply with the ordinary and minimum
334requirements of the institution attended, both as to discipline
335and scholarship, the benefits shall be withdrawn as to the child
336and no further moneys may be expended for the child's benefits
337so long as such failure or delinquency continues.
338     (b)  Only a student in good standing in his or her
339respective institution may receive the benefits thereof.
340     (c)  A child receiving benefits under this section must be
341enrolled according to the customary rules and requirements of
342the institution attended.
343     Section 7.  For the purpose of incorporating the amendment
344to section 112.19, Florida Statutes, in references thereto,
345subsection (4) of section 250.34, Florida Statutes, is reenacted
346to read:
347     250.34  Injury or death on state active duty.--
348     (4)  Each member of the Florida National Guard who is
349killed, or who dies as the result of injuries incurred, while on
350state active duty under competent orders qualifies for benefits
351as a law enforcement officer pursuant to s. 112.19 or any
352successor statute providing for death benefits for law
353enforcement officers, and the decedent's survivors or estate are
354entitled to the death benefits provided in s. 112.19. However,
355this section does not prohibit survivors or the estate of the
356decedent from presenting a claim bill for approval by the
357Legislature in addition to the death benefits provided in this
358section.
359     Section 8.  For the purpose of incorporating the amendment
360to section 112.19, Florida Statutes, in a reference thereto,
361paragraph (c) of subsection (2) of section 285.18, Florida
362Statutes, is reenacted to read:
363     285.18  Tribal council as governing body; powers and
364duties.--
365     (2)  The governing bodies of the special improvement
366districts shall have the duty and power:
367     (c)  To employ personnel to exercise law enforcement
368powers, including the investigation of violations of any of the
369criminal laws of the state occurring on reservations over which
370the state has assumed jurisdiction pursuant to s. 285.16.
371     1.  All law enforcement personnel employed shall be
372considered peace officers for all purposes and shall have the
373authority to bear arms, make arrests, and apply for, serve, and
374execute search warrants, arrest warrants, capias, and other
375process of the court, and to enforce criminal and noncriminal
376traffic offenses, within their respective special improvement
377districts.
378     2.  All law enforcement personnel shall be entitled to the
379privileges, protection, and benefits of ss. 112.19 and 870.05.
380     Section 9.  For the purpose of incorporating the amendment
381to section 112.19, Florida Statutes, in a reference thereto,
382paragraph (d) of subsection (2) of section 943.04, Florida
383Statutes, is reenacted to read:
384     943.04  Criminal Justice Investigations and Forensic
385Science Program; creation; investigative, forensic, and related
386authority.--
387     (2)
388     (d)  All investigators employed by the department shall be
389considered law enforcement officers for all purposes. The
390executive director shall have the authority to designate the
391person occupying any appropriate position within the department
392as a law enforcement officer, if such person is qualified under
393the department's personnel regulations relating to agents and is
394certified pursuant to s. 943.1395(1), and all persons thus
395employed by the department shall be considered law enforcement
396officers for all purposes and shall be entitled to the
397privileges, protection, and benefits of ss. 112.19, 121.051,
398122.34, and 870.05.
399     Section 10.  For the purpose of incorporating the amendment
400to section 112.19, Florida Statutes, in a reference thereto,
401subsection (2) of section 943.68, Florida Statutes, is reenacted
402to read:
403     943.68  Transportation and protective services.--
404     (2)  The department shall employ such personnel as may be
405necessary to carry out this responsibility, including uniformed
406and nonuniformed officers or agents who shall have authority to
407bear arms and make arrests, with or without warrant, for
408violations of any of the criminal laws of the state, under the
409same terms and conditions as investigative personnel of the
410department, and who shall be considered peace officers for all
411purposes, including, but not limited to, the privileges,
412protections, and benefits of ss. 112.19, 121.051, 122.34, and
413870.05.
414     Section 11.  This act shall take effect July 1, 2004, and
415shall apply to actions arising on or after that date.


CODING: Words stricken are deletions; words underlined are additions.