HB 777

1
A bill to be entitled
2An act relating to traffic stops; creating s. 316.642,
3F.S.; requiring certain data to be collected from each
4traffic stop and reported to the Department of
5Transportation; requiring an annual report; providing for
6a task force to be created if the Governor determines that
7there is evidence of racial profiling; providing for
8recommendations; providing for rulemaking; amending s.
9316.614, F.S.; deleting duplicative provisions; providing
10an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 316.642, Florida Statutes, is created
15to read:
16     316.642  Traffic stops; data; reporting; task force.--
17     (1)  Each officer of a traffic enforcement agency, as
18provided in s. 316.640(8), who stops an operator shall,
19regardless of whether a traffic citation is issued or an arrest
20is made as a result of the stop, record the name, address,
21gender, and race of the operator and record whether the stop
22involved a search and whether a citation was issued or an arrest
23resulted. Each agency must maintain such information and forward
24it to the Department of Transportation in a form and manner
25determined by the department. The Department of Transportation
26shall analyze the data and annually make a report to the
27Governor, the President of the Senate, the Speaker of the House
28of Representatives, the Senate Minority Leader, and the House
29Minority Leader. The report must show separate statewide totals
30for the state's county sheriffs and municipal law enforcement
31agencies, state law enforcement agencies, and state university
32law enforcement agencies.
33     (2)  If the Governor determines that this data indicates
34evidence of racial profiling by law enforcement officers, the
35Governor shall appoint a task force reflective of Florida's
36diverse population to review the data and recommend any
37appropriate changes to traffic enforcement agency policies and
38procedures or any other remedies.
39     (3)  The Department of Transportation has authority to
40adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
41the provisions of this section conferring duties upon it.
42     Section 2.  Subsection (9) of section 316.614, Florida
43Statutes, is amended to read:
44     316.614  Safety belt usage.--
45     (9)  By January 1, 2006, Each law enforcement agency in
46this state shall adopt departmental policies to prohibit the
47practice of racial profiling. When a law enforcement officer
48issues a citation for a violation of this section, the law
49enforcement officer must record the race and ethnicity of the
50violator. All law enforcement agencies must maintain such
51information and forward the information to the department in a
52form and manner determined by the department. The department
53shall collect this information by jurisdiction and annually
54report the data to the Governor, the President of the Senate,
55and the Speaker of the House of Representatives. The report must
56show separate statewide totals for the state's county sheriffs
57and municipal law enforcement agencies, state law enforcement
58agencies, and state university law enforcement agencies.
59     Section 3.  This act shall take effect October 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.