Florida Senate - 2021                                     SB 450
       By Senator Bracy
       11-00055-21                                            2021450__
    1                        A bill to be entitled                      
    2         An act relating to citizen review boards; creating s.
    3         900.06, F.S.; requiring law enforcement agencies that
    4         employ law enforcement officers being investigated for
    5         use of force by a citizen review board to include a
    6         member of the citizen review board as part of the law
    7         enforcement agency’s investigative team; creating s.
    8         900.061, F.S.; providing legislative findings and
    9         intent; requiring the county commission or other
   10         governing body of each county to establish a citizen
   11         review board with the authority and ability to
   12         independently investigate law enforcement agencies
   13         within that county; providing requirements for citizen
   14         review boards; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 900.06, Florida Statutes, is created to
   19  read:
   20         900.06Citizen review board member participation in use of
   21  force investigations.—Each law enforcement agency in this state
   22  which employs a law enforcement officer for which an
   23  investigation is opened under s. 900.061(4)(b)1. by a citizen
   24  review board shall include a member of the citizen review board
   25  as part of the law enforcement agency’s investigative team.
   26         Section 2. Section 900.061, Florida Statutes, is created to
   27  read:
   28         900.061Citizen review boards.—
   29         (1)The Legislature finds that an effective way for our
   30  communities and the law enforcement agencies that serve them to
   31  build mutual trust and positive relationships is through the
   32  establishment of citizen review boards.
   33         (2)It is the intent of the Legislature to require the
   34  establishment of a citizen review board in each county of this
   35  state to provide civilian oversight of law enforcement agencies
   36  within the respective counties through independent
   37  investigations.
   38         (3)By July 1, 2022, the county commission or other
   39  governing body, as appropriate, of each county in this state
   40  shall establish a citizen review board with the authority and
   41  ability to independently investigate each law enforcement agency
   42  within that county.
   43         (4)Each citizen review board shall comply with all of the
   44  following requirements:
   45         (a)Be composed of at least 5 but not more than 15
   46  individuals appointed by the county commission or other
   47  governing body of the county, as appropriate. A member of the
   48  board may not be a current employee of the state or county, or
   49  of any subdivision of the county.
   50         (b)Investigate all complaints relating to:
   51         1.Use of force. This includes, but is not limited to, an
   52  investigation into whether excessive force was used or whether
   53  use of force was justified.
   54         2.Abuse of authority. This includes, but is not limited
   55  to, investigations to determine whether unauthorized or illegal
   56  searches or seizures, inappropriate entry onto property, or
   57  refusal to provide name and badge number occurred.
   58         3.Discourtesy. This includes, but is not limited to, the
   59  use of foul language, acting in a rude or unprofessional manner,
   60  or the display of rude or offensive gestures.
   61         4.Discriminatory language. This includes, but is not
   62  limited to, the use of slurs based on race, religion, ethnicity,
   63  sex, or gender.
   64         (c)Create a standard form and a uniform process for the
   65  submission of complaints.
   66         (d)Create a uniform process or procedure for the
   67  processing of complaints.
   68         (e)Meet with the individual who submitted the complaint.
   69         (f)Meet with the law enforcement officer against whom the
   70  complaint was made.
   71         (g)Meet with one or more witnesses, if any, to the event
   72  that prompted the complaint.
   73         (h)Prepare a report on the findings of the investigation.
   74         (i)Submit the report and any recommendations to the county
   75  commission or other governing body of the county, as
   76  appropriate, and to the head of the law enforcement agency that
   77  employs the law enforcement officer.
   78         Section 3. This act shall take effect July 1, 2021.