| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to law enforcement and correctional |
| 7 | officers; providing a popular name; amending s. 112.19, |
| 8 | F.S.; providing death benefits for law enforcement, |
| 9 | correctional, or correctional probation officers in |
| 10 | certain circumstances; amending s. 112.532, F.S.; |
| 11 | providing a limitations period for certain actions |
| 12 | involving the discipline, demotion, or dismissal of a law |
| 13 | enforcement officer or correctional officer; providing for |
| 14 | written notification of such actions; providing exceptions |
| 15 | to the limitations period; providing for the reopening of |
| 16 | investigations and subsequent disciplinary action in |
| 17 | certain circumstances; reenacting ss. 110.123(4)(e), |
| 18 | 112.19(3), as amended by chs. 2002-191 and 2004-357, Laws |
| 19 | of Florida, 112.19(3), as amended by chs. 2002-232, 2003- |
| 20 | 1, and 2004-357, Laws of Florida, 250.34(4), 285.18(2)(c), |
| 21 | 943.04(2)(d), and 943.68(2), F.S., relating to |
| 22 | contributions under the state group insurance program, |
| 23 | educational benefits for children and spouses of certain |
| 24 | law enforcement personnel, benefits for certain members of |
| 25 | the Florida National Guard, benefits for certain law |
| 26 | enforcement personnel employed by tribal councils, |
| 27 | benefits for certain law enforcement personnel employed by |
| 28 | the Department of Law Enforcement in the Criminal Justice |
| 29 | Investigations and Forensic Science Program, and benefits |
| 30 | for certain law enforcement personnel employed by the |
| 31 | Department of Law Enforcement to provide certain security |
| 32 | involving the Governor, respectively, for the purpose of |
| 33 | incorporating the amendment to s. 112.19, F.S., in |
| 34 | references thereto; providing applicability; providing an |
| 35 | effective date. |
| 36 |
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| 37 | Be It Enacted by the Legislature of the State of Florida: |
| 38 |
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| 39 | Section 1. This act may be cited as the "Deputy James M. |
| 40 | Weaver Act." |
| 41 | Section 2. Paragraph (b) of subsection (2) of section |
| 42 | 112.19, Florida Statutes, is amended to read: |
| 43 | 112.19 Law enforcement, correctional, and correctional |
| 44 | probation officers; death benefits.-- |
| 45 | (2) |
| 46 | (b) The sum of $50,000, as adjusted pursuant to paragraph |
| 47 | (j), shall be paid as provided in this section if a law |
| 48 | enforcement, correctional, or correctional probation officer is |
| 49 | accidentally killed as specified in paragraph (a) and the |
| 50 | accidental death occurs: |
| 51 | 1. As a result of the officer's response to fresh pursuit; |
| 52 | 2. As a result of or to the officer's response to what is |
| 53 | reasonably believed to be an emergency; |
| 54 | 3. At the scene of a traffic accident to which the officer |
| 55 | has responded; or |
| 56 | 4. While the officer is enforcing what is reasonably |
| 57 | believed to be a traffic law or ordinance. |
| 58 |
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| 59 | This sum is in addition to any sum provided for in paragraph |
| 60 | (a). Notwithstanding any other provision of law, in no case |
| 61 | shall the amount payable under this subsection be less than the |
| 62 | actual amount stated therein. |
| 63 | Section 3. Subsection (6) is added to section 112.532, |
| 64 | Florida Statutes, to read: |
| 65 | 112.532 Law enforcement officers' and correctional |
| 66 | officers' rights.--All law enforcement officers and correctional |
| 67 | officers employed by or appointed to a law enforcement agency or |
| 68 | a correctional agency shall have the following rights and |
| 69 | privileges: |
| 70 | (6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.-- |
| 71 | (a) Except as provided in this subsection, no disciplinary |
| 72 | action, demotion, or dismissal shall be undertaken by an agency |
| 73 | against a law enforcement officer or correctional officer for |
| 74 | any act, omission, or other allegation of misconduct if the |
| 75 | investigation of such allegation is not completed within 180 |
| 76 | days after the date the agency receives notice of the allegation |
| 77 | by a person authorized by the agency to initiate an |
| 78 | investigation of the misconduct. In the event that the agency |
| 79 | determines that disciplinary action is appropriate, it shall |
| 80 | complete its investigation and give notice in writing to the law |
| 81 | enforcement officer or correctional officer of its intent to |
| 82 | proceed with disciplinary action, along with a proposal of the |
| 83 | action sought. Such notice to the officer shall be provided |
| 84 | within 180 days after the date the agency received notice of the |
| 85 | alleged misconduct, except as follows: |
| 86 | 1. The running of the limitations period may be tolled for |
| 87 | a period specified in a written waiver of the limitation by the |
| 88 | law enforcement officer or correctional officer. |
| 89 | 2. The running of the limitations period shall be tolled |
| 90 | during the time that any criminal investigation or prosecution |
| 91 | is pending in connection with the act, omission, or other |
| 92 | allegation of misconduct. |
| 93 | 3. If the investigation involves an officer who is |
| 94 | incapacitated or otherwise unavailable, the running of the |
| 95 | limitations period shall be tolled during the period of |
| 96 | incapacitation or unavailability. |
| 97 | 4. In a multijurisdictional investigation, the limitations |
| 98 | period may be extended for a period of time reasonably necessary |
| 99 | to facilitate the coordination of the agencies involved. |
| 100 | (b) An investigation against a law enforcement officer or |
| 101 | correctional officer may be reopened, notwithstanding the |
| 102 | limitations period for commencing disciplinary action, demotion, |
| 103 | or dismissal, if: |
| 104 | 1. Significant new evidence has been discovered that is |
| 105 | likely to affect the outcome of the investigation. |
| 106 | 2. The evidence could not have reasonably been discovered |
| 107 | in the normal course of investigation or the evidence resulted |
| 108 | from the predisciplinary response of the officer. |
| 109 |
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| 110 | Any disciplinary action resulting from an investigation that is |
| 111 | reopened pursuant to this paragraph must be completed within 90 |
| 112 | days after the date the investigation is reopened. |
| 113 | Section 4. For the purpose of incorporating the amendment |
| 114 | to section 112.19, Florida Statutes, in a reference thereto, |
| 115 | paragraph (e) of subsection (4) of section 110.123, Florida |
| 116 | Statutes, is reenacted to read: |
| 117 | 110.123 State group insurance program.-- |
| 118 | (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE; LIMITATION |
| 119 | ON ACTIONS TO PAY AND COLLECT PREMIUMS.-- |
| 120 | (e) No state contribution for the cost of any part of the |
| 121 | premium shall be made for retirees or surviving spouses for any |
| 122 | type of coverage under the state group insurance program. |
| 123 | However, any state agency that employs a full-time law |
| 124 | enforcement officer, correctional officer, or correctional |
| 125 | probation officer who is killed or suffers catastrophic injury |
| 126 | in the line of duty as provided in s. 112.19, or a full-time |
| 127 | firefighter who is killed or suffers catastrophic injury in the |
| 128 | line of duty as provided in s. 112.191, shall pay the entire |
| 129 | premium of the state group health insurance plan selected for |
| 130 | the employee's surviving spouse until remarried, and for each |
| 131 | dependent child of the employee, subject to the conditions and |
| 132 | limitations set forth in s. 112.19 or s. 112.191, as applicable. |
| 133 | Section 5. For the purpose of incorporating the amendment |
| 134 | to section 112.19, Florida Statutes, in a reference thereto, |
| 135 | subsection (3) of section 112.19, Florida Statutes, as amended |
| 136 | by section 1 of chapter 2002-191, Laws of Florida, and section |
| 137 | 14 of chapter 2004-357, Laws of Florida, is reenacted to read: |
| 138 | 112.19 Law enforcement, correctional, and correctional |
| 139 | probation officers; death benefits.-- |
| 140 | (3) If a law enforcement, correctional, or correctional |
| 141 | probation officer is accidentally killed as specified in |
| 142 | paragraph (2)(b) on or after June 22, 1990, or unlawfully and |
| 143 | intentionally killed as specified in paragraph (2)(c) on or |
| 144 | after July 1, 1980, the state shall waive certain educational |
| 145 | expenses that the child or spouse of the deceased officer incurs |
| 146 | while obtaining a career certificate, an undergraduate |
| 147 | education, or a postgraduate education. The amount waived by the |
| 148 | state shall be an amount equal to the cost of tuition and |
| 149 | matriculation and registration fees for a total of 120 credit |
| 150 | hours. The child or spouse may attend a state career center, a |
| 151 | state community college, or a state university. The child or |
| 152 | spouse may attend any or all of the institutions specified in |
| 153 | this subsection, on either a full-time or part-time basis. The |
| 154 | benefits provided to a child under this subsection shall |
| 155 | continue until the child's 25th birthday. The benefits provided |
| 156 | to a spouse under this subsection must commence within 5 years |
| 157 | after the death occurs, and entitlement thereto shall continue |
| 158 | until the 10th anniversary of that death. |
| 159 | (a) Upon failure of any child or spouse benefited by the |
| 160 | provisions of this subsection to comply with the ordinary and |
| 161 | minimum requirements of the institution attended, both as to |
| 162 | discipline and scholarship, the benefits shall be withdrawn as |
| 163 | to the child or spouse and no further moneys may be expended for |
| 164 | the child's or spouse's benefits so long as such failure or |
| 165 | delinquency continues. |
| 166 | (b) Only a student in good standing in his or her |
| 167 | respective institution may receive the benefits thereof. |
| 168 | (c) A child or spouse receiving benefits under this |
| 169 | subsection must be enrolled according to the customary rules and |
| 170 | requirements of the institution attended. |
| 171 | Section 6. For the purpose of incorporating the amendment |
| 172 | to section 112.19, Florida Statutes, in a reference thereto, |
| 173 | subsection (3) of section 112.19, Florida Statutes, as amended |
| 174 | by section 1 of chapter 2002-232, Laws of Florida, section 9 of |
| 175 | chapter 2003-1, Laws of Florida, and section 15 of chapter 2004- |
| 176 | 357, Laws of Florida, is reenacted to read: |
| 177 | 112.19 Law enforcement, correctional, and correctional |
| 178 | probation officers; death benefits.-- |
| 179 | (3) If a law enforcement, correctional, or correctional |
| 180 | probation officer is accidentally killed as specified in |
| 181 | paragraph (2)(b) on or after June 22, 1990, or unlawfully and |
| 182 | intentionally killed as specified in paragraph (2)(c) on or |
| 183 | after July 1, 1980, the state shall waive certain educational |
| 184 | expenses that children of the deceased officer incur while |
| 185 | obtaining a career certificate, an undergraduate education, or a |
| 186 | graduate or postbaccalaureate professional degree. The amount |
| 187 | waived by the state shall be an amount equal to the cost of |
| 188 | tuition, matriculation, and other statutorily authorized fees |
| 189 | for a total of 120 credit hours for a career certificate or an |
| 190 | undergraduate education. For a child pursuing a graduate or |
| 191 | postbaccalaureate professional degree, the amount waived shall |
| 192 | equal the cost of matriculation and other statutorily authorized |
| 193 | fees incurred while the child continues to fulfill the |
| 194 | professional requirements associated with the graduate or |
| 195 | postbaccalaureate professional degree program, and eligibility |
| 196 | continues until the child's 29th birthday. The child may attend |
| 197 | a state career center, a state community college, or a state |
| 198 | university. The child may attend any or all of the institutions |
| 199 | specified in this subsection, on either a full-time or part-time |
| 200 | basis. For a child pursuing a career certificate or an |
| 201 | undergraduate education, the benefits provided under this |
| 202 | subsection shall continue to the child until the child's 25th |
| 203 | birthday. To be eligible for the benefits provided under this |
| 204 | subsection for enrollment in a graduate or postbaccalaureate |
| 205 | professional degree program, the child must be a state resident, |
| 206 | as defined in s. 1009.21, at the time of enrollment. |
| 207 | (a) Upon failure of any child benefited by the provisions |
| 208 | of this section to comply with the ordinary and minimum |
| 209 | requirements of the institution attended, both as to discipline |
| 210 | and scholarship, the benefits shall be withdrawn as to the child |
| 211 | and no further moneys may be expended for the child's benefits |
| 212 | so long as such failure or delinquency continues. |
| 213 | (b) Only a student in good standing in his or her |
| 214 | respective institution may receive the benefits thereof. |
| 215 | (c) A child receiving benefits under this section must be |
| 216 | enrolled according to the customary rules and requirements of |
| 217 | the institution attended. |
| 218 | Section 7. For the purpose of incorporating the amendment |
| 219 | to section 112.19, Florida Statutes, in a reference thereto, |
| 220 | subsection (4) of section 250.34, Florida Statutes, is reenacted |
| 221 | to read: |
| 222 | 250.34 Injury or death on state active duty.-- |
| 223 | (4) Each member of the Florida National Guard who is |
| 224 | killed, or who dies as the result of injuries incurred, while on |
| 225 | state active duty under competent orders qualifies for benefits |
| 226 | as a law enforcement officer pursuant to s. 112.19 or any |
| 227 | successor statute providing for death benefits for law |
| 228 | enforcement officers, and the decedent's survivors or estate are |
| 229 | entitled to the death benefits provided in s. 112.19. However, |
| 230 | this section does not prohibit survivors or the estate of the |
| 231 | decedent from presenting a claim bill for approval by the |
| 232 | Legislature in addition to the death benefits provided in this |
| 233 | section. |
| 234 | Section 8. For the purpose of incorporating the amendment |
| 235 | to section 112.19, Florida Statutes, in a reference thereto, |
| 236 | paragraph (c) of subsection (2) of section 285.18, Florida |
| 237 | Statutes, is reenacted to read: |
| 238 | 285.18 Tribal council as governing body; powers and |
| 239 | duties.-- |
| 240 | (2) The governing bodies of the special improvement |
| 241 | districts shall have the duty and power: |
| 242 | (c) To employ personnel to exercise law enforcement |
| 243 | powers, including the investigation of violations of any of the |
| 244 | criminal laws of the state occurring on reservations over which |
| 245 | the state has assumed jurisdiction pursuant to s. 285.16. |
| 246 | 1. All law enforcement personnel employed shall be |
| 247 | considered peace officers for all purposes and shall have the |
| 248 | authority to bear arms, make arrests, and apply for, serve, and |
| 249 | execute search warrants, arrest warrants, capias, and other |
| 250 | process of the court, and to enforce criminal and noncriminal |
| 251 | traffic offenses, within their respective special improvement |
| 252 | districts. |
| 253 | 2. All law enforcement personnel shall be entitled to the |
| 254 | privileges, protection, and benefits of ss. 112.19 and 870.05. |
| 255 | Section 9. For the purpose of incorporating the amendment |
| 256 | to section 112.19, Florida Statutes, in a reference thereto, |
| 257 | paragraph (d) of subsection (2) of section 943.04, Florida |
| 258 | Statutes, is reenacted to read: |
| 259 | 943.04 Criminal Justice Investigations and Forensic |
| 260 | Science Program; creation; investigative, forensic, and related |
| 261 | authority.-- |
| 262 | (2) |
| 263 | (d) All investigators employed by the department shall be |
| 264 | considered law enforcement officers for all purposes. The |
| 265 | executive director shall have the authority to designate the |
| 266 | person occupying any appropriate position within the department |
| 267 | as a law enforcement officer, if such person is qualified under |
| 268 | the department's personnel regulations relating to agents and is |
| 269 | certified pursuant to s. 943.1395(1), and all persons thus |
| 270 | employed by the department shall be considered law enforcement |
| 271 | officers for all purposes and shall be entitled to the |
| 272 | privileges, protection, and benefits of ss. 112.19, 121.051, |
| 273 | 122.34, and 870.05. |
| 274 | Section 10. For the purpose of incorporating the amendment |
| 275 | to section 112.19, Florida Statutes, in a reference thereto, |
| 276 | subsection (2) of section 943.68, Florida Statutes, is reenacted |
| 277 | to read: |
| 278 | 943.68 Transportation and protective services.-- |
| 279 | (2) The department shall employ such personnel as may be |
| 280 | necessary to carry out this responsibility, including uniformed |
| 281 | and nonuniformed officers or agents who shall have authority to |
| 282 | bear arms and make arrests, with or without warrant, for |
| 283 | violations of any of the criminal laws of the state, under the |
| 284 | same terms and conditions as investigative personnel of the |
| 285 | department, and who shall be considered peace officers for all |
| 286 | purposes, including, but not limited to, the privileges, |
| 287 | protections, and benefits of ss. 112.19, 121.051, 122.34, and |
| 288 | 870.05. |
| 289 | Section 11. This act shall take effect July 1, 2005, and |
| 290 | shall apply to actions arising on or after that date. |