| 1 | A bill to be entitled |
| 2 | An act relating to notification of next of kin; providing |
| 3 | a short title; creating s. 960.046, F.S.; requiring law |
| 4 | enforcement agencies to notify the next of kin of |
| 5 | decedents whose deaths occur in certain circumstances; |
| 6 | prescribing procedures to be followed with respect to such |
| 7 | notification; requiring disciplinary action against |
| 8 | officers who fail to make a required notification or who |
| 9 | fail to follow specified procedures for making such |
| 10 | notification; providing for notice of available victim |
| 11 | advocate and chaplain services; providing an effective |
| 12 | date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. This act may be cited as the "Pardo-Arambul |
| 17 | Act." |
| 18 | Section 2. Section 960.046, Florida Statutes, is created |
| 19 | to read: |
| 20 | 960.046 Deceased person's next of kin; contact |
| 21 | requirements.-- |
| 22 | (1) In addition to any other requirement imposed by law |
| 23 | when the death of a human being occurs, the state, county, or |
| 24 | municipal law enforcement agency in the jurisdiction in which |
| 25 | the death occurred or the body was found that is taking the lead |
| 26 | in the investigation shall, upon preliminary determination of |
| 27 | the cause of death, contact the decedent's next of kin when |
| 28 | there is: |
| 29 | (a) Verifiable documentation of the decedent's identity; |
| 30 | (b) Reason to believe that the decedent's death is unknown |
| 31 | to the next of kin; and |
| 32 | (c) Reason to believe that the decedent's death was a |
| 33 | result of: |
| 34 | 1. Criminal activity; |
| 35 | 2. An accident; |
| 36 | 3. Suicide; |
| 37 | 4. A suspicious or unusual circumstance; or |
| 38 | 5. Use of a controlled substance or poison. |
| 39 | (2) The following requirements apply with respect to |
| 40 | notifications of next of kin under this section: |
| 41 | (a) Each attempt at notification must be documented in |
| 42 | writing, according to procedures established by the law |
| 43 | enforcement agency making the notification. |
| 44 | (b) Notification of the decedent's next of kin must be |
| 45 | accomplished promptly in such a manner as to cause the least |
| 46 | discomfort possible to the person being notified. |
| 47 | (c) Notification of the decedent's next of kin may be made |
| 48 | only after approval of a supervisor or homicide detective |
| 49 | designated by the law enforcement agency for such purpose. |
| 50 | (d) Notification must be made in person by a law |
| 51 | enforcement officer assigned to investigate the cause of the |
| 52 | decedent's death or by a supervisor designated by the law |
| 53 | enforcement agency for such purpose. |
| 54 | (e) Each law enforcement agency is responsible for |
| 55 | disciplining an employee who fails to comply with this section. |
| 56 | (f) If the decedent's next of kin was not notified within |
| 57 | a reasonable time as required in this section, the designated |
| 58 | supervisor or homicide detective of the responsible law |
| 59 | enforcement agency shall provide a written explanation of the |
| 60 | failure to the next of kin, along with a statement of the |
| 61 | disciplinary action taken against the officer who failed to |
| 62 | provide such notification. |
| 63 | (g) A law enforcement agency may establish additional |
| 64 | procedures to implement this section. |
| 65 | (3) If the decedent's next of kin is not within the |
| 66 | jurisdiction in which death occurred or the body was found, the |
| 67 | law enforcement agency responsible for making the notification |
| 68 | shall forward notice of the decedent's death to a law |
| 69 | enforcement agency having jurisdiction over where the next of |
| 70 | kin is located. The notice shall be accompanied by a request for |
| 71 | that agency to contact the next of kin immediately, provide them |
| 72 | with any information about victim advocate and chaplain services |
| 73 | supplied under subsection (4), and give written notification to |
| 74 | the requesting law enforcement agency as to how and when the |
| 75 | notification has been done. If the requesting agency has not |
| 76 | heard from the notifying agency within 24 hours, it shall follow |
| 77 | up with a telephone call. |
| 78 | (4) If the decedent's next of kin are within the |
| 79 | jurisdiction in which death occurred or the body was found, the |
| 80 | law enforcement agency notifying the next of kin shall, if |
| 81 | victim advocate and chaplain services are available, provide |
| 82 | information to those being notified on how the decedent's next |
| 83 | of kin may use such services. If the decedent's next of kin are |
| 84 | not within the jurisdiction in which death occurred or the body |
| 85 | was found, the law enforcement agency forwarding information |
| 86 | under subsection (3) shall, if victim advocate and chaplain |
| 87 | services are available to the decedent's next of kin in the |
| 88 | jurisdiction in which death occurred or the body was found, |
| 89 | include information on how the decedent's next of kin may use |
| 90 | such services. |
| 91 | Section 3. This act shall take effect July 1, 2006. |