House Bill 1113

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    Florida House of Representatives - 2000                HB 1113

        By Representative Roberts






  1                      A bill to be entitled

  2         An act relating to traffic stop statistics;

  3         providing a definition of the term "racial

  4         profiling"; prohibiting law enforcement

  5         agencies from engaging in racial profiling;

  6         requiring law enforcement agencies to adopt

  7         written policies prohibiting racial profiling;

  8         requiring the recording and retention of

  9         certain information with respect to traffic

10         stops and arrests; requiring law enforcement

11         agencies to provide the Attorney General with

12         certain information related to such stops and

13         arrests; providing immunity from civil

14         liability under certain circumstances;

15         authorizing penalties; providing for a summary

16         report to the Attorney General; directing the

17         Attorney General to provide for a review and a

18         report; directing the Attorney General to

19         develop certain forms; providing an effective

20         date.

21

22  Be It Enacted by the Legislature of the State of Florida:

23

24         Section 1.  Traffic stop statistics; definition; racial

25  profiling prohibited; written policies; reports required;

26  review.--

27         (1)  For the purposes of this section, the term "racial

28  profiling" means the detention, interdiction, or other

29  disparate treatment of an individual solely on the basis of

30  the racial or ethnic status of such individual.

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    Florida House of Representatives - 2000                HB 1113

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  1         (2)(a)  No member of the Florida Highway Patrol, or any

  2  county or municipal law enforcement agency, or any other law

  3  enforcement agency in the state shall engage in racial

  4  profiling.

  5         (b)  The race or ethnicity of an individual shall not

  6  be the sole factor in determining the existence of probable

  7  cause to place in custody or arrest an individual or in

  8  constituting a reasonable and articulable suspicion that an

  9  offense has been or is being committed so as to justify the

10  detention of an individual or the investigatory stop of a

11  motor vehicle.

12         (3)(a)  No later than January 1, 2001, each state,

13  county, and municipal law enforcement agency in the state

14  shall adopt a written policy that prohibits the stopping,

15  detention, or search of any person when such an action is

16  solely motivated by considerations of race, color, ethnicity,

17  age, gender, or sexual orientation, and the action would

18  constitute a violation of the civil rights of the person.

19         (b)  Commencing on January 1, 2001, each state, county,

20  and municipal law enforcement agency shall, using the form

21  developed pursuant to this section, record and retain the

22  following information:

23         1.  The number of persons stopped for traffic

24  violations.

25         2.  Characteristics of race, color, ethnicity, gender,

26  and age of such persons, provided the identification of such

27  characteristics shall be based on the observation and

28  perception of the law enforcement officer responsible for

29  reporting the stop and the information shall not be required

30  to be provided by the person stopped.

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    Florida House of Representatives - 2000                HB 1113

    235-254-00






  1         3.  The nature of the alleged traffic violation that

  2  resulted in the stop.

  3         4.  Whether a warning or citation was issued, an arrest

  4  made, or a search conducted as a result of the stop.

  5         5.  Any additional information the law enforcement

  6  agency deems appropriate.

  7         (c)  Each law enforcement agency in the state shall

  8  provide to the Attorney General a copy of each complaint

  9  received pursuant to this section and written notification of

10  the review and disposition of such complaint.

11         (d)  Any law enforcement officer who in good faith

12  records traffic stop information pursuant to the requirements

13  of this section shall not be held civilly liable for the act

14  of recording such information unless the officer's conduct was

15  unreasonable or reckless.

16         (e)  If a law enforcement agency fails to comply with

17  the provisions of this section, the Attorney General may

18  recommend and the Department of Management Services may order

19  an appropriate penalty in form of the withholding of state

20  funds.

21         (f)  On or before October 1, 2001, and annually

22  thereafter, each law enforcement agency in the state shall

23  provide to the Attorney General, in such form as the Attorney

24  General may require, a summary report of the information

25  required to be recorded pursuant to this section.

26         (g)  The Attorney General shall, within the limits of

27  existing appropriations, provide for a review of the

28  prevalence and disposition of traffic stops and complaints

29  reported pursuant to this section.  Not later than January 1,

30  2003, the Attorney General shall report to the Governor, the

31  President of the Senate, and the Speaker of the House of

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    Florida House of Representatives - 2000                HB 1113

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  1  Representatives the results of such review, including any

  2  recommendations.

  3         (4)  Not later than January 1, 2001, the Attorney

  4  General shall develop and promulgate:

  5         (a)  A form, in both printed and electronic format, to

  6  be used by law enforcement officers when making a traffic stop

  7  to record personal identifying information about the operator

  8  of the motor vehicle that is stopped, the location of the

  9  stop, the reason for the stop, and other information that is

10  required to be recorded pursuant to this section.

11         (b)  A form, in both printed and electronic format, to

12  be used to report complaints by persons who believe they have

13  been subjected to a motor vehicle stop by a law enforcement

14  officer solely on the basis of their race, color, ethnicity,

15  age, gender, or sexual orientation.

16         Section 2.  This act shall take effect upon becoming a

17  law.

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19            *****************************************

20                          HOUSE SUMMARY

21
      Defines the term "racial profiling" to mean the
22    detention, interdiction, or other disparate treatment of
      an individual solely on the basis of the racial or ethnic
23    status of such individual.  Prohibits law enforcement
      agencies from engaging in racial profiling.
24

25    Requires the keeping and retention of described
      information with respect to traffic stops and arrests.
26    Requires a summary of such information be sent to the
      Attorney General and directs the Attorney General to
27    review the information and report to the Governor, the
      President of the Senate, and the Speaker of the House of
28    Representatives.  See bill for details.

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