Bill Text: FL S1626 | 2017 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Department of Legal Affairs

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2017-05-03 - Laid on Table, companion bill(s) passed, see CS/HB 1379 (Ch. 2017-155) [S1626 Detail]

Download: Florida-2017-S1626-Introduced.html

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       Florida Senate - 2017                                    SB 1626
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-01501B-17                                           20171626__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Legal Affairs;
    3         amending s. 16.617, F.S.; authorizing the Statewide
    4         Council on Human Trafficking to apply for and accept
    5         funds, grants, gifts, and services from various
    6         governmental entities or any other public or private
    7         source for a specified purpose; amending s. 321.04,
    8         F.S.; requiring the Department of Highway Safety and
    9         Motor Vehicles to assign one or more patrol officers
   10         to the Office of the Attorney General for security
   11         services upon request of the Attorney General;
   12         amending s. 501.203, F.S.; redefining the term
   13         “violation of this part”; amending s. 501.204, F.S.;
   14         revising legislative intent; amending s. 560.103,
   15         F.S.; redefining the term “monetary value”; amending
   16         s. 736.0110, F.S.; providing that the Attorney General
   17         has standing to assert the rights of certain qualified
   18         beneficiaries in judicial proceedings; amending s.
   19         736.1201, F.S.; defining the term “delivery of
   20         notice”; deleting the term “state attorney”; amending
   21         s. 736.1205, F.S.; requiring a trustee to provide a
   22         specified notice to the Attorney General rather than
   23         the state attorney; amending s. 736.1206, F.S.;
   24         revising the conditions under which a trustee may
   25         amend the governing instrument of a specified
   26         charitable trust to comply with specified provisions
   27         of ch. 736, F.S.; amending s. 736.1207, F.S.;
   28         conforming a term; amending s. 736.1208, F.S.;
   29         revising the manner in which delivery of a release is
   30         accomplished; conforming provisions to changes made by
   31         the act; amending s. 736.1209, F.S.; revising
   32         requirements for a trustee of a specified trust who
   33         elects to be operated exclusively for the benefit of,
   34         and be supervised by, the specified public charitable
   35         organization or organizations; amending s. 741.403,
   36         F.S.; revising application requirements for the
   37         designation of an address by the Attorney General
   38         which serves as the address of a person adjudicated
   39         incapacitated; requiring dependents and household
   40         members to be entitled to certain rights and
   41         protections under certain circumstances; amending s.
   42         896.101, F.S.; defining the term “virtual currency”;
   43         amending s. 960.03, F.S.; revising definitions;
   44         amending s. 960.16, F.S.; providing an exception to a
   45         subrogation requirement for awards; creating s.
   46         960.201, F.S.; defining terms; authorizing the
   47         Department of Legal Affairs to award the surviving
   48         family of members of an emergency responder who is
   49         killed under specified circumstances up to a specified
   50         amount; specifying requirements to determine the award
   51         amount; requiring apportionment of the award among
   52         several claimants under certain circumstances;
   53         requiring an award to be reduced or denied by the
   54         department under certain circumstances; authorizing
   55         rulemaking; providing an effective date.
   56          
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Paragraph (d) is added to subsection (3) of
   60  section 16.617, Florida Statutes, to read:
   61         16.617 Statewide Council on Human Trafficking; creation;
   62  membership; duties.—
   63         (3) ORGANIZATION AND SUPPORT.—
   64         (d) The council may apply for and accept funds, grants,
   65  gifts, and services from the state, the Federal Government or
   66  any of its agencies, or any other public or private source for
   67  the purpose of defraying costs associated with the annual
   68  statewide policy summit.
   69         Section 2. Present subsection (4) of section 321.04,
   70  Florida Statutes, is redesignated as subsection (5), and a new
   71  subsection (4) is added to that section, to read:
   72         321.04 Personnel of the highway patrol; rank
   73  classifications; probationary status of new patrol officers;
   74  subsistence; special assignments.—
   75         (4) Upon request of the Attorney General, the Department of
   76  Highway Safety and Motor Vehicles shall assign one or more
   77  patrol officers to the Office of the Attorney General for
   78  security services.
   79         Section 3. Subsection (3) of section 501.203, Florida
   80  Statutes, is amended to read:
   81         501.203 Definitions.—As used in this chapter, unless the
   82  context otherwise requires, the term:
   83         (3) “Violation of this part” means any violation of this
   84  act or the rules adopted under this act and may be based upon
   85  any of the following as of July 1, 2017 2015:
   86         (a) Any rules promulgated pursuant to the Federal Trade
   87  Commission Act, 15 U.S.C. ss. 41 et seq.;
   88         (b) The standards of unfairness and deception set forth and
   89  interpreted by the Federal Trade Commission or the federal
   90  courts; or
   91         (c) Any law, statute, rule, regulation, or ordinance which
   92  proscribes unfair methods of competition, or unfair, deceptive,
   93  or unconscionable acts or practices.
   94         Section 4. Subsection (2) of section 501.204, Florida
   95  Statutes, is amended to read:
   96         501.204 Unlawful acts and practices.—
   97         (2) It is the intent of the Legislature that, in construing
   98  subsection (1), due consideration and great weight shall be
   99  given to the interpretations of the Federal Trade Commission and
  100  the federal courts relating to s. 5(a)(1) of the Federal Trade
  101  Commission Act, 15 U.S.C. s. 45(a)(1) as of July 1, 2017 2015.
  102         Section 5. Subsection (21) of section 560.103, Florida
  103  Statutes, is amended to read:
  104         560.103 Definitions.—As used in this chapter, the term:
  105         (21) “Monetary value” means a medium of exchange,
  106  regardless of whether or not redeemable in currency, and
  107  includes mediums that are in electronic or digital format.
  108         Section 6. Subsection (3) of section 736.0110, Florida
  109  Statutes, is amended to read:
  110         736.0110 Others treated as qualified beneficiaries.—
  111         (3) The Attorney General may assert the rights of a
  112  qualified beneficiary with respect to a charitable trust having
  113  its principal place of administration in this state. The
  114  Attorney General has standing to assert such rights in any
  115  judicial proceeding.
  116         Section 7. Present subsections (2), (3), and (4) of section
  117  736.1201, Florida Statutes, are redesignated as subsections (3),
  118  (4), and (5), respectively, a new subsection (2) is added to
  119  that section, and present subsection (5) of that section is
  120  amended, to read:
  121         736.1201 Definitions.—As used in this part:
  122         (2) “Delivery of notice” means delivery of a written notice
  123  required under this part by sending a copy by any commercial
  124  delivery service requiring a signed receipt or by any form of
  125  mail requiring a signed receipt.
  126         (5) “State attorney” means the state attorney for the
  127  judicial circuit of the principal place of administration of the
  128  trust pursuant to s. 736.0108.
  129         Section 8. Section 736.1205, Florida Statutes, is amended
  130  to read:
  131         736.1205 Notice that this part does not apply.—In the case
  132  of a power to make distributions, if the trustee determines that
  133  the governing instrument contains provisions that are more
  134  restrictive than s. 736.1204(2), or if the trust contains other
  135  powers, inconsistent with the provisions of s. 736.1204(3) that
  136  specifically direct acts by the trustee, the trustee shall
  137  notify the state Attorney General when the trust becomes subject
  138  to this part. Section 736.1204 does not apply to any trust for
  139  which notice has been given pursuant to this section unless the
  140  trust is amended to comply with the terms of this part.
  141         Section 9. Subsection (2) of section 736.1206, Florida
  142  Statutes, is amended to read:
  143         736.1206 Power to amend trust instrument.—
  144         (2) In the case of a charitable trust that is not subject
  145  to the provisions of subsection (1), the trustee may amend the
  146  governing instrument to comply with the provisions of s.
  147  736.1204(2) after delivery of notice to, and with the consent
  148  of, the state Attorney General.
  149         Section 10. Section 736.1207, Florida Statutes, is amended
  150  to read:
  151         736.1207 Power of court to permit deviation.—This part does
  152  not affect the power of a court to relieve a trustee from any
  153  restrictions on the powers and duties that are placed on the
  154  trustee by the governing instrument or applicable law for cause
  155  shown and on complaint of the trustee, state Attorney General,
  156  or an affected beneficiary and notice to the affected parties.
  157         Section 11. Paragraph (b) of subsection (4) of section
  158  736.1208, Florida Statutes, is amended to read:
  159         736.1208 Release; property and persons affected; manner of
  160  effecting.—
  161         (4) Delivery of a release shall be accomplished as follows:
  162         (b) If the release is accomplished by reducing the class of
  163  permissible charitable organizations, by delivery of notice a
  164  copy of the release to the state Attorney General including a
  165  copy of the release.
  166         Section 12. Section 736.1209, Florida Statutes, is amended
  167  to read:
  168         736.1209 Election to come under this part.—With the consent
  169  of that organization or organizations, a trustee of a trust for
  170  the benefit of a public charitable organization or organizations
  171  may come under s. 736.1208(5) by delivery of notice to filing
  172  with the state Attorney General of the an election, accompanied
  173  by the proof of required consent. Thereafter the trust shall be
  174  subject to s. 736.1208(5).
  175         Section 13. Present paragraphs (b) through (e) of
  176  subsection (1) of section 741.403, Florida Statutes, are
  177  redesignated as paragraphs (c) through (f), respectively, a new
  178  paragraph (b) is added to that subsection, present subsections
  179  (4), (5), and (6) of that section are redesignated as
  180  subsections (5), (6), and (7), respectively, and a new
  181  subsection (4) is added to that section, to read:
  182         741.403 Address confidentiality program; application;
  183  certification.—
  184         (1) An adult person, a parent or guardian acting on behalf
  185  of a minor, or a guardian acting on behalf of a person
  186  adjudicated incapacitated under chapter 744 may apply to the
  187  Attorney General to have an address designated by the Attorney
  188  General serve as the person’s address or the address of the
  189  minor or incapacitated person. To the extent possible within
  190  funds appropriated for this purpose, the Attorney General shall
  191  approve an application if it is filed in the manner and on the
  192  form prescribed by the Attorney General and if it contains all
  193  of the following:
  194         (b) An applicant-approved list of all dependents and
  195  household members residing with the applicant whose presence, if
  196  disclosed or released, would endanger the safety of the
  197  applicant.
  198         (4) Dependents and household members of the certified
  199  program participant are entitled to the same rights and
  200  protections as the certified program participant as long as they
  201  are approved by the certified program participant and primarily
  202  reside at the certified program participant’s address.
  203         Section 14. Paragraph (j) is added to subsection (2) of
  204  section 896.101, Florida Statutes, to read:
  205         896.101 Florida Money Laundering Act; definitions;
  206  penalties; injunctions; seizure warrants; immunity.—
  207         (2) As used in this section, the term:
  208         (j) “Virtual currency” means a medium of exchange in
  209  electronic or digital format which is not a coin or currency of
  210  the United States or another country.
  211         Section 15. Paragraph (f) is added to subsection (3) of
  212  section 960.03, Florida Statutes, and paragraph (e) is added to
  213  subsection (14) of that section, to read:
  214         960.03 Definitions; ss. 960.01-960.28.—As used in ss.
  215  960.01-960.28, unless the context otherwise requires, the term:
  216         (3) “Crime” means:
  217         (f) A felony or misdemeanor that results in the death of an
  218  emergency responder, as defined in and solely for the purposes
  219  of s. 960.201, while answering a call for service in the line of
  220  duty, notwithstanding paragraph (c).
  221         (14) “Victim” means:
  222         (e) An emergency responder, as defined in and solely for
  223  the purposes of s. 960.201, who is killed while answering a call
  224  for service in the line of duty.
  225         Section 16. Section 960.16, Florida Statutes, is amended to
  226  read:
  227         960.16 Subrogation.—Except for an award made under s.
  228  960.201, payment of an award pursuant to this chapter shall
  229  subrogate the state, to the extent of such payment, to any right
  230  of action accruing to the claimant or to the victim or
  231  intervenor to recover losses directly or indirectly resulting
  232  from the crime with respect to which the award is made. Causes
  233  of action which shall be subrogated under this section include,
  234  but are not limited to, any claim for compensation under any
  235  insurance provision, including an uninsured motorist provision,
  236  when such claim seeks to recover losses directly or indirectly
  237  resulting from the crime with respect to which the award is
  238  made.
  239         Section 17. Section 960.201, Florida Statutes, is created
  240  to read:
  241         960.201 Emergency responder death benefits.—
  242         (1) As used in this section, the term:
  243         (a) “Answering a call for service” means actively
  244  performing official duties that include the identification,
  245  prevention, or enforcement of the penal, traffic, or highway
  246  laws of this state; and include traveling to the scene of an
  247  emergency situation and upon arrival performing those functions
  248  that the emergency responder has been trained and certified to
  249  perform.
  250         (b) “Emergency medical technician” has the same meaning as
  251  in s. 401.23(11).
  252         (c) “Emergency responder” means a law enforcement officer,
  253  a firefighter, or an emergency medical technician or paramedic.
  254         (d) “Firefighter” has the same meaning as in s. 633.102(9).
  255         (e) “Law enforcement officer” has the same meaning as in s.
  256  943.10(1).
  257         (f) “Paramedic” has the same meaning as in s. 401.23(17).
  258         (g) “Surviving family members of an emergency responder”
  259  means the surviving spouse, children, parents or guardian, or
  260  siblings of a deceased emergency responder.
  261         (2) Notwithstanding ss. 960.065(1) and 960.13 for crime
  262  victim compensation awards, the department may award for any one
  263  claim up to a maximum of $50,000 to the surviving family members
  264  of an emergency responder who, as a result of a crime, is killed
  265  answering a call for service in the line of duty.
  266         (3) In determining the amount of an award:
  267         (a) The department shall determine whether, because of his
  268  or her conduct, the emergency responder contributed to his or
  269  her death, and shall reduce the amount of the award or reject
  270  the claim altogether in accordance with such determination.
  271         (b) The department may disregard the contribution of the
  272  emergency responder to his or her own death, as determined under
  273  paragraph (a), when the record shows that such conduct occurred
  274  in connection with the efforts of the emergency responder acting
  275  as an intervenor as defined in s. 960.03.
  276         (4) If two or more persons are entitled to an award under
  277  this section, the award shall be apportioned among the claimants
  278  at the discretion and direction of the department.
  279         (5) An award under this section shall be reduced or denied
  280  if the department has previously approved or paid out a claim
  281  under s. 960.13 to the same victim or applicant regarding the
  282  same incident. An award for victim compensation under s. 960.13
  283  shall be denied if the department has previously approved or
  284  paid out an emergency responder death benefits claim under this
  285  section.
  286         (6) The department may adopt rules that establish limits
  287  below the amount set forth in subsection (2) and that establish
  288  criteria governing awards pursuant to this section.
  289         Section 18. This act shall take effect July 1, 2017.