Florida Senate - 2015                                    SB 1016
       
       
        
       By Senator Abruzzo
       
       
       
       
       
       25-00322A-15                                          20151016__
    1                        A bill to be entitled                      
    2         An act relating to care for retired law enforcement
    3         dogs; creating s. 943.69, F.S.; providing a short
    4         title; defining terms; providing legislative findings;
    5         creating the Care for Retired Law Enforcement Dogs
    6         Program within the Department of Law Enforcement;
    7         requiring the department to contract with a
    8         corporation not for profit to administer and manage
    9         the program; providing requirements for the
   10         corporation not for profit; providing requirements for
   11         the disbursement of funds for the veterinary care of
   12         eligible retired law enforcement dogs; placing an
   13         annual cap on the amount of funds available for the
   14         care of an eligible retired law enforcement dog;
   15         prohibiting a former handler or adopter from receiving
   16         reimbursement if funds are depleted for the year such
   17         reimbursement is sought; providing for the deposit of
   18         program funds; providing for the reversion of funds to
   19         the department under certain circumstances;
   20         authorizing the carryforward of unexpended
   21         appropriations for use in the program up to certain
   22         limits; authorizing the department to adopt rules and
   23         forms; providing an appropriation; providing an
   24         effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 943.69, Florida Statutes, is created to
   29  read:
   30         943.69 Care for Retired Law Enforcement Dogs Program.—
   31         (1) SHORT TITLE.—This section may be cited as the “Care for
   32  Retired Law Enforcement Dogs Program Act.”
   33         (2) DEFINITIONS.—As used in this section, the term:
   34         (a) “Law enforcement agency” means a lawfully established
   35  state or local public agency having primary responsibility for
   36  the prevention and detection of crime or the enforcement of the
   37  penal, traffic, highway, regulatory, game, immigration, postal,
   38  customs, or controlled substance laws.
   39         (b) “Retired law enforcement dog” means a dog that was
   40  previously in the service of or employed by a law enforcement
   41  agency in this state for the principal purpose of aiding in the
   42  detection of criminal activity, enforcement of laws, or
   43  apprehension of offenders and that received certification in
   44  obedience and apprehension work from a certifying organization
   45  such as the National Police Canine Association or other
   46  certifying organization.
   47         (c) “Veterinarian” has the same meaning as provided in s.
   48  474.202.
   49         (d) “Veterinary care” means a veterinary medical service
   50  specified in s. 474.202 which is provided by a veterinarian
   51  licensed under chapter 474. The term includes annual wellness
   52  examinations, vaccines, internal and external parasite
   53  prevention treatments, testing and treatment of illnesses and
   54  diseases, medications, emergency care and surgeries, specialty
   55  care such as veterinary oncology, euthanasia, and cremation.
   56         (3) LEGISLATIVE FINDINGS.—The Legislature finds that:
   57         (a) Law enforcement dogs have become an integral part of
   58  many law enforcement efforts statewide, including the
   59  apprehension of suspects through tracking and searching,
   60  evidence location, drug and bomb detection, and search and
   61  rescue operations;
   62         (b) Law enforcement agencies agree that the use of law
   63  enforcement dogs is an extremely cost-effective means of crime
   64  control and that these dogs possess skills and abilities that
   65  frequently exceed those of existing technology;
   66         (c) The service of law enforcement dogs is often dangerous
   67  and can expose them to injury at a rate higher than that of
   68  nonservice dogs; and
   69         (d) Law enforcement dogs provide significant contributions
   70  to the residents of this state.
   71         (4) ESTABLISHMENT OF PROGRAM.-The Care for Retired Law
   72  Enforcement Dogs Program is created within the Department of Law
   73  Enforcement to provide a stable funding source for veterinary
   74  care provided to these dogs.
   75         (5) ADMINISTRATION.—The Department of Law Enforcement shall
   76  contract with a corporation not for profit organized under
   77  chapter 617 to administer and manage the Care for Retired Law
   78  Enforcement Dogs Program. Notwithstanding the competitive sealed
   79  bid procedures required under chapter 287, the department shall
   80  enter into a contract with a corporation not for profit that:
   81         (a) Is dedicated to the protection or care of retired law
   82  enforcement dogs;
   83         (b) Is exempt from taxation under s. 501(a) of the Internal
   84  Revenue Code as an organization described in s. 501(c)(3) of
   85  that code;
   86         (c) Has maintained such tax-exempt status for at least 5
   87  years;
   88         (d) Agrees to be subject to review and audit at the
   89  discretion of the Auditor General in order to ensure accurate
   90  accounting and disbursement of state funds; and
   91         (e) Demonstrates the ability to effectively and efficiently
   92  disseminate information and to assist former handlers and
   93  adopters of retired law enforcement dogs in complying with this
   94  section.
   95         (6) FUNDING.—
   96         (a) The corporation not for profit shall be the disbursing
   97  authority for funds appropriated by the Legislature to the
   98  department for the Care for Retired Law Enforcement Dogs
   99  Program. These funds shall be disbursed upon receipt of:
  100         1. Valid documentation from the law enforcement agency from
  101  which the dog retired which verifies that the dog was in the
  102  service of or employed by such agency; and
  103         2. A valid invoice from a veterinarian for veterinary care
  104  provided in this state to a retired law enforcement dog which is
  105  submitted by the former handler or adopter of a retired law
  106  enforcement dog.
  107         (b) Annual disbursements to a former handler or adopter to
  108  reimburse him or her for the cost of care provided to a retired
  109  law enforcement dog may not exceed $1,500 per dog. A former
  110  handler or adopter of a retired law enforcement dog may not
  111  accumulate unused funds from a current year for use in a future
  112  year.
  113         (c) A former handler or adopter of a retired law
  114  enforcement dog who seeks reimbursement for veterinary services
  115  may not receive reimbursement if funds appropriated for the Care
  116  for Retired Law Enforcement Dogs Program are depleted in the
  117  year for which the reimbursement is sought.
  118         (d) Funds appropriated for the Care for Retired Law
  119  Enforcement Dogs Program shall be held in a separate depository
  120  account in the Operating Trust Fund of the department in the
  121  name of the corporation not for profit and are subject to the
  122  provisions of the corporation’s contract with the department.
  123  The contract must provide that:
  124         1. The corporation not for profit must receive
  125  administrative fees, including salaries and benefits, of up to
  126  10 percent of appropriated funds; and
  127         2. Any funds held in the separate depository account in the
  128  name of the corporation not for profit must revert to the
  129  department upon expiration or termination of the contract.
  130         (e) Notwithstanding s. 216.301, and pursuant to s. 216.351,
  131  on July 1 of each year, the Executive Office of the Governor
  132  shall certify forward all unexpended funds appropriated pursuant
  133  to this section. However, the fund balance for the Care for
  134  Retired Law Enforcement Dogs Program may not exceed $400,000.
  135         (7) RULEMAKING AUTHORITY.-The department shall adopt rules
  136  pursuant to ss. 120.536(1) and 120.54 to implement this section.
  137         Section 2. For the 2015-2016 fiscal year, and each fiscal
  138  year thereafter, the sum of $300,000 in recurring funds is
  139  appropriated from the General Revenue Fund to the Department of
  140  Law Enforcement for the purpose of implementing the Care for
  141  Retired Law Enforcement Dogs Program.
  142         Section 3. This act shall take effect July 1, 2015.