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.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 900.06, Florida Statutes, is created to
19 read:
20 900.06 Citizen 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:
28 900.061 Citizen 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.