This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0535.CRG
DATE: 2/16/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 535 Law Enforcement Officer Funeral Service Benefits
SPONSOR(S): Botana
TIED BILLS: IDEN./SIM. BILLS: SB 364
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Constitutional Rights, Rule of Law &
Government Operations Subcommittee
Villa Miller
2) Appropriations Committee
3) State Affairs Committee
SUMMARY ANALYSIS
State employees may be granted administrative leave for a variety of authorized purposes. State and local
officers and employees may also be reimbursed by their employing agency for certain travel expenses
necessary to achieve a public purpose and subject to limitations established by law.
Current law authorizes state law enforcement agencies to permit their personnel using state vehicles to make
incidental stops for personal errands. In addition, current law requires $1,000 to be paid towards the funeral or
burial expenses of a state law enforcement, correctional, or correctional probation officer who is killed in the
line of duty under certain circumstances.
The bill authorizes the head of a state law enforcement agency to grant up to eight hours of administrative
leave to a certified law enforcement officer in order for the officer to attend the funeral service of another officer
who was killed in the line of duty. The agency head may deny the use of administrative leave for such purpose
in order to maintain minimum or adequate staffing requirements. The bill permits the head of a state or local
law enforcement agency to authorize travel expenses for a law enforcement officer to attend the funeral
service of another officer who was killed in the line of duty. The bill also permits a state employed law
enforcement officer to use the officer’s state vehicle to attend the funeral of another officer killed in the line of
duty.
The bill increases the amount that must be paid towards the funeral or burial expenses of a state law
enforcement, correctional, or correctional probation officer who is killed in the line of duty under certain
circumstances from $1,000 to $10,000.
The bill provides that the act may be cited as the “Respecting their Sacrifice Act.”
The bill will likely have an insignificant, yet indeterminate, negative fiscal impact on state and local government
expenditures. See Fiscal Analysis section.
STORAGE NAME: h0535.CRG PAGE: 2
DATE: 2/16/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSE D CHANGES:
Background
State Personnel Management System
The state’s personnel management system provides means to recruit, select, train, develop, and
maintain an effective and responsible workforce. The statutes include policies and procedures for
employee hiring and advancement, training and career development, position classification, salary
administration, benefits, discipline, discharge, employee performance evaluations, affirmative action,
and other related activities.
1
The Department of Management Services (DMS) is charged with establishing and maintaining a
classification and compensation program addressing Career Service, Selected Exempt Service, and
Senior Management Service positions.
2
The classification of a position determines the types of benefits
assigned and its compensation and collective bargaining. A position must be classified as Career
Service unless specifically exempted by statute.
3
Career Service, Selected Exempt Service, and Senior Management Service employees may be
granted paid time off in the form of administrative leave for a variety of authorized purposes. The
employing agency is responsible for monitoring the use of administrative leave to ensure that its use is
within the applicable statutory or rule cap, or does not otherwise exceed a reasonable amount
consistent with the circumstances.
4
Generally, state employees may be granted administrative leave for
the following purposes:
Participating in certain international competitions;
5
Receiving treatment for a military-service disability;
6
Volunteering for certain disasters;
7
Participating in certain family activities;
8
Attending jury duty;
When subpoenaed as a witness;
Taking an examination for military service;
Attending a family member’s funeral;
When offices are closed under emergency conditions;
When an employee is under formal investigation;
Voting in an election;
Taking certain other examinations;
Participating in the Governor’s Mentoring Initiative.
9
Travel Expenses of Public Employees
1
Section 110.105(1), F.S. Chapter 110, F.S., establishes the state’s personnel management system.
2
Section 110.2035(1), F.S.
3
Section 110.205(1), F.S.
4
Department of Management Services Division of State Human Resource Management Policy Guideline, Administrative Leave –
Prudent Fiscal Management Through Tracking and Monitoring, available at
https://www.dms.myflorida.com/content/download/91707/528058/2018-
005_Administrative_Leave_Prudent_Fiscal_Management_Through_Tracking_and_Monitoring_[7-1-20].pdf (last visited February 15,
2023).
5
Section 110.118, F.S.
6
Section 110.119, F.S.
7
Section 110.120, F.S.
8
See s. 110.1522, F.S., and R. 60L-34.0051, F.A.C.
9
See R. 60L-34.0071, F.A.C. STORAGE NAME: h0535.CRG PAGE: 3
DATE: 2/16/2023
The rates, procedures, and limitations placed on the use of taxpayer funds for travel by state and local
government employees and officers is standardized by general law.
10
For public officers and
employees, all travel must be authorized and approved by the head of the employing agency.
11
The
travel request must be accompanied by a signed statement by the traveler’s supervisor stating the
purpose of the travel and such travel is for official business. The agency head may only pay for travel
expenses necessary to achieve the public purpose and subject to limitations established by state law.
12
Per diem costs related to foreign travel may be paid by advancement or reimbursement, at current
rates specified in the federal publication “Standardized Regulations (Government Civilians, Foreign
Areas).
13
Travel is divided into four categories:
Class A: Continuous travel of 24 hours or more away from official headquarters.
14
Class B: Continuous travel of less than 24 hours which involves overnight absence from official
headquarters.
Class C: Travel for short or day trips where the travel is not away from official headquarters
overnight.
Foreign travel: Travel outside the United States.
15
Reimbursements for travel time are calculated based on the type of travel. Class A travel is calculated
based on a calendar day, while Class B travel is calculated based on the travel period.
16
Travelers
conducting Class A or Class B travel are reimbursed for each travel day included in the travel period at
the rate of one-fourth of the authorized per diem rate for each six-hour period. Class C travelers are not
reimbursed per diem, but may receive a subsistence allowance based on the time of travel.
17
Class C travelers receive a subsistence allowance for $6 for breakfast, $11 for lunch, and $19 for
dinner.
18
The per diem and subsistence allowance for Class A and B travelers is the greater of $80 per
day or the sum of actual expenses for lodging at a single-occupancy rate plus the value of the
subsistence allowance for Class C travelers for the same number of meals.
19
Travelers are only reimbursed for the actual expenses of lodging or meals when the lodging or meals
are provided at a state institution and may not be reimbursed for any meal or lodging included in a
convention or conference registration fee paid for with taxpayer funds.
20
Public officers and employees may also receive reimbursement for transportation expenses.
21
Travel is
reimbursed according to a “usually traveled route,” with any costs associated with deviation from that
route being borne by the traveler. The agency head or designee must determine the most economical
method of travel considering the nature of the business, the most efficient and economical means of
travel (including a consideration of time and impact on productivity of the traveler), and the number of
persons making the trip.
22
If the traveler pays for the cost of official travel out of pocket, the traveler
must provide documentation for reimbursement.
23
Use of a personal vehicle for official business is
reimbursed to the traveler at the rate of 44.5 cents per mile, or at the common carrier fare for such
10
Section 112.061, F.S.
11
Section 112.061(3)(a), F.S. (travel must be approved by “head of the agency”). The “head of the agency” is defined as the highest
policymaking authority of a public agency. Section 112.061(2)(b), F.S.
12
Section 112.061(3)(b), F.S.
13
Section 112.061(3)(f), F.S.
14
The official headquarters of an officer or employee assigned to an office is the city or town in which the office is located, unless an
exception applies. See s. 112.061(4), F.S.
15
Section 112.061(2)(k)-(m), F.S.
16
Section 112.061(5)(a), F.S.
17
Section 112.061(5)(b), F.S.
18
Section 112.061(6)(b), F.S.
19
Section 112.061(6)(a), F.S.
20
Section 112.061(6)(a), (c), F.S.
21
See s. 112.061(7), F.S.
22
Section 112.061(7)(a), F.S.
23
Section 112.061(7)(c), F.S. STORAGE NAME: h0535.CRG PAGE: 4
DATE: 2/16/2023
travel.
24
Mileage is calculated based on the current map of the Department of Transportation, plus
vicinity mileage traveled for the conduct of official business.
25
Travelers may also be reimbursed for taxi and ferry fares; bridge, road, and tunnel tolls; parking fees;
communication expenses; and convention registration fees, if the convention or conference serves a
direct public purpose relating to the employer of the public official, including expenses such a banquet
or other meal functions, if the traveler can show the charges were proper and necessary to enhance the
public purpose of participation of the governmental entity at the conference.
26
Counties, county constitutional officers, school boards, special districts, and metropolitan planning
organizations may adopt per diem, subsistence, and mileage rates that vary from this framework, as
long as their adopted rates are not less than the statutorily established rates in effect during the 2005-
2006 fiscal year.
27
Alternative rates may be adopted by ordinance or resolution of the governing body.
The rates must apply uniformly to all travel conducted by officers and employees of the government
entity.
28
Travelers are not required to provide notarized documentation of travel expenses but must include a
written declaration that the claimed travel expenses were necessary for the performance of official
duties and accurately reflect travel costs. A traveler making a deliberate misrepresentation is guilty of a
second-degree misdemeanor and is civilly liable for the amount of overpayment.
29
Limitation on the use of motor vehicles
State-owned vehicles are available for official state business as authorized by agency heads.
30
Agency
heads are required to consider the following criteria in determining appropriate use of state vehicles:
Carrying out state official or employee job assignments;
Transporting an employee, state official, or other person for the purpose of conducting official
state business or performing services for the state;
Providing security; and
To protect life or property in any emergency situation which requires the use of a state vehicle.
31
For law enforcement officers employed by the state, the term “official state business” is interpreted to
permit the use of the motor vehicle during normal duty hours to and from lunch or meal breaks and
incidental stops for personal errands if such use is at the direction of or with the permission of the
agency head. However, substantial deviations from official state business are prohibited.
32
Death Benefits
A full-time law enforcement, correctional, or correctional probation officer who is employed by a state
agency and killed in the line of duty while engaged in law enforcement duties or as a result of an
assault against the officer under riot conditions is entitled to certain death benefits. Specifically, the
officer’s beneficiaries or estate is entitled to receive $1,000 towards the funeral or burial expenses of
the officer.
33
The benefit is in addition to any other benefits to which the beneficiaries or estate is
entitled under the Workers’ Compensation Law or any other state or federal statutes. The officer’s
employing agency also may pay up to $5,000 directly towards the venue expenses associated with the
funeral and burial services.
34
24
Section 112.061(7)(d)1., F.S.
25
Section 112.061(7)(d)3., F.S.
26
Section 112.061(8)(a), F.S.
27
Section 112.061(14)(a), F.S.
28
Section 112.061(14)(b), F.S.
29
Section 112.061(10), F.S. A second-degree misdemeanor is punishable by up to 60 days imprisonment and a $500 fine. Sections
775.082 and 775.083, F.S.
30
Section 287.17(1), F.S.
31
Section 287.17(2), F.S.
32
Section 287.17(3)(b), F.S.
33
Section 112.19(2)(f)1., F.S.
34
Section 112.19(2)(f)2., F.S. STORAGE NAME: h0535.CRG PAGE: 5
DATE: 2/16/2023
Effect of the Bill
The bill provides that the act may be cited as the “Respecting their Sacrifice Act.”
The bill authorizes the head of a state law enforcement agency to grant up to eight hours of
administrative leave to a certified law enforcement officer
35
in order for the officer to attend the funeral
service of another officer who was killed in the line of duty. The agency head may deny the use of
administrative leave for such purpose in order to maintain minimum or adequate staffing requirements.
The bill permits the head of a state or local law enforcement agency to authorize travel expenses for a
law enforcement officer to attend the funeral service of another officer who was killed in the line of duty.
The bill also permits a state employed law enforcement officer to use the officer’s state vehicle to attend
the funeral of another officer killed in the line of duty.
The bill increases the amount that must be paid towards the funeral or burial expenses of a law
enforcement, correctional, or correctional probation officer who was employed full time by a state
agency and killed in the line of duty while performing law enforcement duties or as a result of an assault
against the officer under riot conditions from $1,000 to $10,000.
B. SECTION DIRECTORY:
Section 1 provides that the act may be cited as the “Respecting their Sacrifice Act.”
Section 2 creates s. 110.1205, F.S., relating to administrative leave for law enforcement officers.
Section 3 amends s. 112.061, F.S., relating to per diem and travel expenses of public officers,
employees, and authorized persons; statewide travel management system.
Section 4 amends s. 287.17, F.S., relating to limitation on use of motor vehicle and aircraft.
Section 5 amends s. 112.19, F.S., relating to law enforcement, correctional, and correctional probation
officers; death benefits.
Section 6 provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill will likely have an insignificant, yet indeterminate negative fiscal impact on state
government expenditures. The bill increases the amount that must be paid towards the funeral of a
law enforcement officer, correctional officer, or correctional probation officer under certain
circumstances from $1,000 to $10,000. In addition, the bill authorizes a law enforcement agency to
grant up to eight hours of administrative leave to an officer to attend the funeral service of another
officer who was killed in the line of duty and to authorize travel expenses for such purpose. The
dollar amount of expenditures required or authorized by the bill is indeterminate.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
35
Law enforcement officers, correctional officers, and correctional probation officers must be certified by the Criminal Justice Standards
and Training Commission as meeting the minimum qualifications for employment. See s. 943.13, F.S. STORAGE NAME: h0535.CRG PAGE: 6
DATE: 2/16/2023
1. Revenues:
None.
2. Expenditures:
The bill will likely have an insignificant, yet indeterminate negative fiscal impact on local government
expenditures. The bill permits the head of a law enforcement agency to authorize travel expenses
for a law enforcement officer to attend the funeral service of another officer who was killed in the
line of duty. The dollar amount of expenditures authorized by the bill depends upon whether the
agency decides to authorize travel expenses and is otherwise indeterminate.
C. DIRECT ECONOMIC IMPACT ON PRIVATE S ECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not appear to provide nor does it appear to require any additional rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill places no restrictions on the leave and travel expenses that may be authorized, allowing the
head of a law enforcement agency to authorize the specified leave and travel to attend out-of-state
funerals for law enforcement officers from agencies other than Florida law enforcement agencies. The
bill authorizes permission to use the work vehicle to attend certain funerals of law enforcement officers
but does not conform to the statutory requirement for the agency head to give permission for such use.
Technical comment: At line 43 of the bill, “as law enforcement officers” should read “as a law
enforcement officer.”
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES