Florida Senate - 2022                                    SB 1176
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-01514-22                                           20221176__
    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 board of county commissioners or
   10         other governing body of each county, by a specified
   11         date, to establish a citizen review board having the
   12         authority and ability to independently investigate law
   13         enforcement agencies within that county; specifying
   14         requirements for citizen review boards; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 900.06, Florida Statutes, is created to
   20  read:
   21         900.06 Citizen review board member participation in use of
   22  force investigations.—Each law enforcement agency in this state
   23  which employs a law enforcement officer for whom an
   24  investigation is opened under s. 900.061(4)(b)1. by a citizen
   25  review board shall include a member of the citizen review board
   26  as part of the law enforcement agency’s investigative team.
   27         Section 2. Section 900.061, Florida Statutes, is created to
   28  read:
   29         900.061 Citizen review boards.—
   30         (1) The Legislature finds that an effective way for the
   31  state’s communities and the law enforcement agencies that serve
   32  them to build mutual trust and positive relationships is through
   33  the establishment of citizen review boards.
   34         (2) It is the intent of the Legislature to require the
   35  establishment of a citizen review board in each county of this
   36  state to provide civilian oversight of law enforcement agencies
   37  within the respective counties and to conduct independent
   38  investigations.
   39         (3) By July 1, 2023, the board of county commissioners or
   40  other governing body, as appropriate, of each county in this
   41  state shall establish a citizen review board having the
   42  authority and ability to independently investigate each law
   43  enforcement agency within that county.
   44         (4) Each citizen review board shall comply with all of the
   45  following requirements:
   46         (a) Be composed of at least 5 but not more than 15
   47  individuals appointed by the board of county commissioners or
   48  other governing body of the county, as appropriate. A member of
   49  the citizen review board may not be a current employee of the
   50  state or county, or of any political subdivision of the county.
   51         (b) Investigate all complaints relating to:
   52         1. Use of force. This includes, but is not limited to, an
   53  investigation into whether excessive force was used or whether
   54  use of force was justified.
   55         2. Abuse of authority. This includes, but is not limited
   56  to, investigations to determine whether unauthorized or illegal
   57  searches or seizures, inappropriate entry onto property, or
   58  refusal to provide name and badge number occurred.
   59         3. Discourtesy. This includes, but is not limited to, the
   60  use of foul language, acting in a rude or unprofessional manner,
   61  or the display of rude or offensive gestures.
   62         4. Discriminatory language. This includes, but is not
   63  limited to, the use of slurs based on race, religion, ethnicity,
   64  sex, or gender.
   65         (c) Create a standard form and a uniform process for the
   66  submission of complaints.
   67         (d) Create a uniform process or procedure for the
   68  processing of complaints.
   69         (e) Meet with the individual who submitted the complaint.
   70         (f) Meet with the law enforcement officer against whom the
   71  complaint was made.
   72         (g) Meet with one or more witnesses, if any, to the event
   73  that prompted the complaint.
   74         (h) Prepare a report on the findings of the investigation.
   75         (i) Submit the report and any recommendations to the board
   76  of county commissioners or other governing body of the county,
   77  as appropriate, and to the head of the law enforcement agency
   78  that employs the law enforcement officer.
   79         Section 3. This act shall take effect July 1, 2022.