Florida Senate - 2020                                     SB 262
       By Senator Bracy
       11-00092-20                                            2020262__
    1                        A bill to be entitled                      
    2         An act relating to the Statewide Council on
    3         Prosecutorial Misconduct; creating s. 16.71, F.S.;
    4         defining terms; creating the Statewide Council on
    5         Prosecutorial Misconduct within the Department of
    6         Legal Affairs; stating the purpose of the council;
    7         providing for membership, organization, support, and
    8         duties; requiring the council to submit an annual
    9         report to the Governor, Legislature, and Chief Justice
   10         of the Supreme Court; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 16.71, Florida Statutes, is created to
   15  read:
   16         16.71Statewide Council on Prosecutorial Misconduct.—
   17         (1)DEFINITIONS.—As used in this section, the term:
   18         (a)“Prosecutor” means any state attorney or his or her
   19  designee or any assistant state attorney or special assistant
   20  state attorney.
   21         (b)“Prosecutorial misconduct” means a violation of
   22  applicable statutes or rules relating to the conduct of a
   23  prosecutor during the performance of the prosecutor’s official
   24  duties.
   25         (2)CREATION.—There is created the Statewide Council on
   26  Prosecutorial Misconduct, a council as defined in s. 20.03,
   27  within the Department of Legal Affairs. The council is created
   28  for the purpose of providing recommendations and findings
   29  relating to prosecutorial misconduct to the Department of Lawyer
   30  Regulation within The Florida Bar and to the Chief Justice of
   31  the Supreme Court. Except as otherwise provided in this section,
   32  the council shall operate in a manner consistent with s. 20.052.
   33         (3)MEMBERSHIP.—
   34         (a)The council shall consist of:
   35         1.Four prosecutors, of which:
   36         a.One is appointed by the Governor;
   37         b.Two are appointed by the President of the Senate; and
   38         c.One is appointed by the Speaker of the House of
   39  Representatives;
   40         2.Four public defenders or assistant public defenders, of
   41  which:
   42         a.One is appointed by the Governor;
   43         b.Two are appointed by the Speaker of the House of
   44  Representatives; and
   45         c.One is appointed by the President of the Senate;
   46         3.A district court of appeal judge appointed by the
   47  Governor; and
   48         4.Two county or circuit court judges appointed by the
   49  Governor.
   50         (b)Each member shall be appointed to a 4-year term.
   51  However, for the purpose of achieving staggered terms, the terms
   52  of the initial members appointed to the council are:
   53         1.4 years for members appointed by the Governor;
   54         2.3 years for members appointed by the President of the
   55  Senate; and
   56         3.2 years for members appointed by the Speaker of the
   57  House of Representatives.
   58         (c)Any vacancy shall be filled in the same manner as the
   59  original appointment for the remainder of the unexpired term.
   60         (d)The members of the council shall elect a chair every 2
   61  years, to serve for a 2-year term. As deemed appropriate, other
   62  officers may be elected by the members.
   63         (e)If a council member is the subject of a complaint or
   64  investigation, he or she is disqualified from participating in
   65  any proceedings with respect to such complaint or investigation.
   67         (a)The council must meet at least quarterly. Additional
   68  meetings may be held when determined by the chair. Council
   69  meetings may be conducted by conference call, teleconferencing,
   70  or similar technology.
   71         (b)Eight members constitute a quorum.
   72         (c)The Department of Legal Affairs shall provide the
   73  council with the staff necessary to assist the council in the
   74  performance of its duties.
   75         (5)DUTIES.—The council shall:
   76         (a)Review complaints submitted to the Department of Legal
   77  Affairs which allege that a prosecutor has engaged in
   78  prosecutorial misconduct. The department shall develop a form
   79  for such complaints. Any person may submit such complaint to the
   80  Department of Legal Affairs.
   81         (b)Investigate any credible reports of prosecutorial
   82  misconduct.
   83         (c)At the completion of each investigation, create a
   84  written report of the council’s findings and recommendations and
   85  submit the report to the Department of Lawyer Regulation within
   86  The Florida Bar and to the Chief Justice of the Supreme Court.
   87         (6)REPORT.—By January 14 of each year, the council shall
   88  submit a report to the Governor, the President of the Senate,
   89  the Speaker of the House of Representatives, and the Chief
   90  Justice of the Supreme Court summarizing the council’s
   91  recommendations and findings during the previous calendar year.
   92         Section 2. This act shall take effect July 1, 2020.