Florida Senate - 2016                                    SB 1492
       By Senator Bullard
       39-01126-16                                           20161492__
    1                        A bill to be entitled                      
    2         An act relating to the Special Review Commission;
    3         creating s. 943.69, F.S.; creating the commission;
    4         providing for commission membership; specifying
    5         membership requirements; providing term limits for
    6         members; authorizing per diem for members; requiring
    7         law enforcement agencies to report lethal use-of-force
    8         incidents to the commission; providing a definition;
    9         requiring state attorneys and other prosecuting
   10         entities to notify the commission of inquiries into
   11         use-of-force fatalities and determinations not to
   12         pursue charges; requiring the commission to review
   13         lethal use-of-force incidents; authorizing the
   14         commission to refer such incidents to the Attorney
   15         General for prosecution consideration; authorizing the
   16         commission to subpoena documents and witnesses;
   17         authorizing the Attorney General to bring criminal
   18         charges; prohibiting commission actions that could
   19         constitute double jeopardy; providing an effective
   20         date.
   22         WHEREAS, the Legislature finds that there exists a need to
   23  ensure independent second-tier review of incidents in which
   24  actions of law enforcement personnel result in a fatality in
   25  order to continue strengthening the trust between law
   26  enforcement agencies and the communities they protect, NOW,
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Section 943.69, Florida Statutes, is created to
   32  read:
   33         943.69Special Review Commission.—
   34         (1)MEMBERSHIP.—
   35         (a)The Special Review Commission is created. The
   36  commission shall consist of 15 members, who shall serve 4-year
   37  terms, appointed by the executive director of the Department of
   38  Law Enforcement.
   39         (b)At least five members must not be current or former law
   40  enforcement officers or non-law-enforcement officer employees of
   41  the Department of Legal Affairs, the Department of Law
   42  Enforcement, the Department of Corrections, or the offices of a
   43  county sheriff or municipal police agency.
   44         (c)No more than three members may be appointed from the
   45  same judicial circuit. Consideration should be given in
   46  appointment to geographic diversity.
   47         (d)Membership on the commission does not disqualify a
   48  member from holding any other public office or being employed by
   49  a public entity; however, a sitting judge or a member of the
   50  Legislature may not be appointed.
   51         (e)Members of the commission may receive per diem and
   52  travel expenses as provided in s. 112.061.
   54         (a)The head of a law enforcement agency shall ensure that
   55  if a law enforcement officer uses force that results in the
   56  death of another person, such incident shall be reported to the
   57  commission within 24 hours. Further, the head of the agency
   58  shall notify the commission within 7 days after the completion
   59  of an investigation into the use of force and the results of the
   60  investigation. As used in this paragraph, the term “law
   61  enforcement agency” means an agency or unit of government that
   62  has authority to employ or appoint law enforcement officers as
   63  defined in s. 943.10(1).
   64         (b)State attorneys and other prosecuting entities shall
   65  notify the commission within 2 days after beginning an inquiry
   66  into a law enforcement officer who used force that resulted in
   67  the death of another person. State attorneys and other
   68  prosecuting entities shall notify the commission within 2 days
   69  after a decision not to pursue charges against such officer is
   70  made.
   71         (3)POWERS AND DUTIES.—
   72         (a)The commission may, at the conclusion of an internal
   73  investigation, if one is made, and upon receiving information
   74  from a state attorney or other prosecuting entity that no
   75  charges will be pursued, review the incident and determine
   76  whether the matter should be referred to the Attorney General
   77  for prosecution consideration if the use of force appears
   78  unlawful.
   79         (b)Such referrals to the Attorney General shall be made by
   80  a majority vote of commission members.
   81         (c)The commission may subpoena documents, including
   82  confidential documents, and require testimony.
   83         (4)ATTORNEY GENERAL.—
   84         (a)The Attorney General, to the extent he or she is not
   85  currently empowered by law to do so, may bring appropriate
   86  criminal charges against a law enforcement officer subsequent to
   87  a referral from the commission for a violation of law.
   88         (b)This subsection does not limit the independent powers
   89  and discretion of the Attorney General.
   90         (5)LIMITATIONS ON REFERRAL.—
   91         (a)This section does not authorize the referral of a
   92  person for prosecution or the bringing of charges against a
   93  person who has been acquitted at trial for criminal charges
   94  arising out of the same incident.
   95         (b)This section does not authorize an action inconsistent
   96  with the prohibitions against double jeopardy in the State
   97  Constitution or the United States Constitution.
   98         Section 2. This act shall take effect July 1, 2016.