Florida Senate - 2019 SB 1384
By Senator Gibson
6-01586-19 20191384__
1 A bill to be entitled
2 An act relating to the Urban and Inner-City Crime and
3 Gun Violence Prevention Commission; providing a short
4 title; providing legislative findings; creating the
5 Urban and Inner-City Crime and Gun Violence
6 Commission; providing for membership; providing for
7 staff support; providing requirements for meetings;
8 providing that members are entitled to certain
9 reimbursements; specifying the duties of the
10 commission; providing for powers of the commission;
11 requiring the executive director of the Department of
12 Law Enforcement to issue subpoenas to aid the
13 commission in specified ways; authorizing the
14 commission to seek assistance from state agencies;
15 authorizing the commission to access certain
16 confidential and exempt information or records;
17 providing requirements for such access; requiring
18 reports; providing for sunset of the commission and
19 repeal of provisions; providing an appropriation;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. This act may be cited as the “The Urban and
25 Inner-City Crime and Gun Violence Prevention Act.”
26 Section 2. The Legislature finds there is a need to
27 comprehensively address the crisis of crime and gun violence in
28 Florida’s urban and inner-city communities. The Legislature
29 intends to address this crisis by providing cities, counties,
30 and local and state law enforcement agencies and the courts with
31 the tools to enhance and promote safe neighborhoods and
32 communities by enhanced coordination between local and state law
33 enforcement entities at the state and local levels.
34 Section 3. Urban and Inner-City Crime and Gun Violence
35 Prevention Commission.—
36 (1) There is created within the Department of Law
37 Enforcement the Urban and Inner-City Crime and Gun Violence
38 Prevention Commission, a commission as defined in s. 20.03,
39 Florida Statutes.
40 (2)(a) The commission shall convene no later than September
41 1, 2019, and shall be composed of 16 members. Five members shall
42 be appointed by the President of the Senate, five members shall
43 be appointed by the Speaker of the House of Representatives, and
44 five members shall be appointed by the Governor. The Chair of
45 the Florida Council on the Social Status of Black Men and Boys,
46 or his or her designee, shall serve as a member of the
47 commission. From the members of the commission, the Governor
48 shall appoint the chair. Appointments must be made by August 1,
49 2019. The executive director of the Department of Law
50 Enforcement, the Secretary of Juvenile Justice, and the
51 Secretary of Children and Families shall serve as ex-officio and
52 nonvoting members of the commission. Members shall serve at the
53 pleasure of the officer who appointed the member. A vacancy on
54 the commission shall be filled in the same manner as the
55 original appointment.
56 (b) The General Counsel of the Department of Law
57 Enforcement shall serve as the general counsel for the
58 commission.
59 (c) The Department of Law Enforcement staff and the
60 Department of Juvenile Justice staff, as assigned by the chair,
61 shall assist the commission in performing its duties.
62 (d) The commission shall meet on a quarterly basis or as
63 necessary to conduct its work at the call of the chair and at
64 the time designated by him or her at locations throughout the
65 state. The commission may not conduct its meetings through
66 teleconferences or other similar means.
67 (e) Members of the commission are entitled to receive
68 reimbursement for per diem and travel expenses pursuant to s.
69 112.061, Florida Statutes.
70 (3) The commission shall investigate system failures and
71 the causes and reasons for high crime and gun violence incidents
72 in urban and inner-city communities and neighborhoods. In
73 addition, the commission shall develop recommendations for
74 solutions, programs, services, and strategies for improved
75 interagency communications between local and state governmental
76 agencies which will help facilitate the reduction of crime and
77 gun violence in urban and inner-city neighborhoods and
78 communities.
79 (4) The commission has the power to investigate. The
80 commission may delegate to its investigators the authority to
81 administer oaths and affirmations.
82 (5) The executive director of the Department of Law
83 Enforcement shall issue subpoenas to compel the attendance of
84 witnesses to testify before the commission and the production of
85 any books, papers, records, documentary evidence, and other
86 items, including confidential information, relevant to the
87 performance of the duties of the commission or to the exercise
88 of its powers. The chair or other member of the commission may
89 administer all oaths and affirmations in the manner prescribed
90 by law to witnesses who appear before the commission for the
91 purpose of testifying in any matter of which the commission
92 desires evidence. In the case of a refusal to obey a subpoena,
93 the commission may make application to any circuit court of this
94 state having jurisdiction to order the witness to appear before
95 the commission and to produce evidence, if so ordered, or to
96 give testimony relevant to the matter in question. Failure to
97 obey the order may be punished by the court as contempt.
98 (6) The commission may call upon appropriate agencies of
99 the state government for such professional assistance as may be
100 needed in the discharge of its duties, and such agencies shall
101 provide such assistance in a timely manner.
102 (7) Notwithstanding any other law, the commission may
103 request and shall be provided with access to any information or
104 records, including exempt or confidential and exempt information
105 or records, which pertain to crime and gun violence incidents in
106 this state’s urban and inner-city neighborhoods and communities.
107 Information or records obtained by the commission which are
108 otherwise exempt or confidential and exempt shall retain such
109 exempt or confidential and exempt status and the commission may
110 not disclose any such information or records.
111 (8) The commission shall submit an initial report on its
112 findings and recommendations to the Governor, the President of
113 the Senate, and the Speaker of the House of Representatives by
114 January 1, 2020, and may issue reports annually thereafter. The
115 commission shall sunset December 31, 2023, and this section is
116 repealed on that date.
117 Section 4. For the 2019-2020 fiscal year, five full-time
118 equivalent positions with an associated total salary rate of
119 345,000 are authorized and the recurring sum of $600,000 is
120 appropriated from the General Revenue Fund to the Department of
121 Law Enforcement for the operations of the commission.
122 Section 5. This act shall take effect July 1, 2019.