Florida Senate - 2017                                    SB 1190
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-01196-17                                           20171190__
    1                        A bill to be entitled                      
    2         An act relating to use of deadly force; creating s.
    3         943.087, F.S.; requiring a law enforcement agency to
    4         collect and report certain information regarding the
    5         use of deadly force to the Department of Law
    6         Enforcement; specifying information to be collected
    7         and reported; requiring the department to develop and
    8         provide a standardized reporting form and to provide
    9         for electronic submission of such information;
   10         requiring the department, in consultation with
   11         specified associations, to develop and maintain a
   12         database for the retention of such information;
   13         specifying a minimum retention period for such
   14         information; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 943.087, Florida Statutes, is created to
   19  read:
   20         943.087 Information on use of deadly force by law
   21  enforcement officer.—
   22         (1) For an incident in which deadly force was used by a law
   23  enforcement officer, as defined in s. 943.10, resulting in
   24  serious injury or death, the law enforcement agency that employs
   25  such officer shall collect and report all of the following
   26  information to the department within 15 days after the end of
   27  the calendar quarter in which the incident occurred:
   28         (a) Characteristics of the person on whom deadly force was
   29  used, including, but not limited to:
   30         1. Race or ethnicity.
   31         2. Gender.
   32         3. Age.
   33         4. Actual or perceived religious affiliation, if any.
   34         5. The date, time, and location of such use of deadly
   35  force.
   36         (b) A description of the alleged criminal activity engaged
   37  in by the person against whom deadly force was used.
   38         (c) The nature of deadly force used.
   39         (d) Any explanation from the law enforcement agency as to
   40  why deadly force was used.
   41         (e) A copy of the law enforcement agency’s guidelines for
   42  the use of deadly force in effect at the time of the incident,
   43  unless a copy has previously been submitted, which shall be so
   44  stated.
   45         (f) A description of nonlethal efforts or techniques that
   46  were used to apprehend or subdue the person against whom deadly
   47  force was used before the use of deadly force.
   48  
   49  For all incidents previously reported under this subsection, the
   50  law enforcement agency shall submit to the department on a
   51  quarterly basis any updated information on the filing and
   52  outcome of any legal actions arising out of the incident,
   53  including information on settlements, trials, and the final
   54  disposition of such actions.
   55         (2) The department shall develop and make available to law
   56  enforcement agencies a standardized form for the reporting of
   57  information collected under subsection (1) and shall also
   58  provide for the electronic submission of such information.
   59         (3) The department shall retain the information collected
   60  under subsection (1) for at least 10 years in a database that
   61  shall be developed and maintained by the department in
   62  consultation with the Florida Sheriffs Association and the
   63  Florida Police Chiefs Association.
   64         Section 2. This act shall take effect July 1, 2017.