Florida Senate - 2018                                    SB 1512
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-01233-18                                           20181512__
    1                        A bill to be entitled                      
    2         An act relating to use of deadly force; creating s.
    3         943.087, F.S.; defining the term “serious bodily
    4         injury”; requiring certain law enforcement agencies to
    5         collect and report specified information regarding the
    6         use of deadly force to the Department of Law
    7         Enforcement within a specified timeframe; requiring
    8         the department to provide law enforcement agencies
    9         with a standardized form for reporting such
   10         information; requiring the department to provide for
   11         electronic submission of such information; specifying
   12         a minimum retention period for such information;
   13         requiring the department, in consultation with
   14         specified associations, to develop and maintain a
   15         database for the retention of such information;
   16         providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 943.087, Florida Statutes, is created to
   21  read:
   22         943.087Information on use of deadly force.—
   23         (1)As used in this section, the term “serious bodily
   24  injury” means bodily injury that involves a substantial risk of
   25  death, unconsciousness, protracted and obvious disfigurement, or
   26  protracted loss or impairment of the function of a bodily
   27  member, organ, or mental faculty.
   28         (2)For an incident in which deadly force was used by a law
   29  enforcement officer, as defined in s. 943.10, that resulted in
   30  serious bodily injury or death, the law enforcement agency
   31  employing the officer must collect the information listed in
   32  subsection (3) and report such information to the department
   33  within 15 days after the end of each calendar quarter.
   34         (3)The following information concerning an incident
   35  described in subsection (2) shall be collected and reported:
   36         (a)Characteristics of, and other information pertaining
   37  to, the person on whom deadly force was used, the incident in
   38  which the force was used, and the officers involved, including
   39  the age, sex, race, ethnicity, height, and weight of the law
   40  enforcement officer using deadly force.
   41         (b)The age, sex, race, ethnicity, height, and weight, and
   42  any physical impairment, of the subject on whom deadly force was
   43  used.
   44         (c)The date, time, and location, including location code
   45  information from the National Incident-Based Reporting System,
   46  of the incident in which deadly force was used.
   47         (d)A description of the injuries to or cause of death of
   48  the subject, including the type of deadly force used by the law
   49  enforcement officer to cause the injury or death.
   50         (e)Whether a law enforcement officer died or was injured
   51  and a description of the injuries to or cause of death of the
   52  officer, including the type of deadly force used by the subject
   53  to cause the injury or death.
   54         (f)The reason for the initial contact between the subject
   55  and the law enforcement officer.
   56         (g)Whether the subject resisted and, if so, the type of
   57  resistance the subject offered.
   58         (h)If the subject threatened the use of deadly force and,
   59  if so, whether the threat was directed at the law enforcement
   60  officer or at another party.
   61         (i)Whether the subject possessed a weapon or firearm and,
   62  if so, a description of the weapon or firearm.
   63         (j)A description of the alleged criminal activity of the
   64  subject on whom deadly force was used.
   65         (k)An explanation, if any, from the law enforcement agency
   66  employing the law enforcement officer as to why the officer used
   67  deadly force.
   68         (l)A copy of the law enforcement agency’s guidelines for
   69  the use of deadly force in effect at the time the law
   70  enforcement officer used deadly force, unless a copy has
   71  previously been submitted, which must be so stated.
   72         (m)A description of nonlethal efforts or techniques used
   73  by the law enforcement officer to apprehend or subdue the
   74  subject before the officer used deadly force.
   75         (n)Information on the outcome of the use of deadly force
   76  as the case progresses, including information on settlements,
   77  trials, and final results of proceedings.
   78         (4)The department shall provide a standardized form to
   79  each law enforcement agency for the reporting of information
   80  collected under subsection (3). The department shall also
   81  provide for electronic submission of such information.
   82         (5)The information collected under subsection (3) shall be
   83  retained by the department for at least 10 years in a database
   84  that shall be developed and maintained by the department in
   85  consultation with the Florida Sheriffs Association and the
   86  Florida Police Chiefs Association.
   87         Section 2. This act shall take effect July 1, 2018.