Senate Bill sb0084

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    Florida Senate - 2001                                    SB 84

    By Senator Meek





    36-7-01

  1                      A bill to be entitled

  2         An act relating to law enforcement; creating s.

  3         943.1759, F.S.; creating the Florida Motorist

  4         Profiling Evaluation Task Force; providing

  5         duties of the task force; providing

  6         restrictions on the use of data collected under

  7         the act; providing membership, terms, and

  8         organization; requiring state and local law

  9         enforcement agencies to develop policies and

10         procedures that prohibit bias profiling or

11         discriminatory practices as a primary factor in

12         determining whether the driver of a motor

13         vehicle should be stopped for a routine traffic

14         violation; providing for submission to the task

15         force of such policies and procedures;

16         requiring the task force to develop specified

17         statewide guidelines; amending s. 943.1758,

18         F.S.; requiring the Criminal Justice Standards

19         and Training Commission to include within the

20         criminal justice and standards training

21         curriculum guidelines and instructions that

22         address prohibited bias profiling and

23         discriminatory practices with respect to motor

24         vehicle stops; providing an appropriation;

25         providing an effective date.

26

27         WHEREAS, in a free society, law enforcement agencies

28  are entrusted with the protection of the civil rights of all

29  citizens, and that protection is expected of every law

30  enforcement agency by each citizen, and

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    Florida Senate - 2001                                    SB 84
    36-7-01




  1         WHEREAS, the Legislature, the Attorney General, the

  2  Florida Sheriffs Association, the Florida Police Chiefs

  3  Association, the National Association for the Advancement of

  4  Colored People, the American Civil Liberties Union, the

  5  Florida Department of Law Enforcement, and the Florida Highway

  6  Patrol agree that bias, whether real or perceived, is

  7  detrimental to the relationship between law enforcement and

  8  the public, and

  9         WHEREAS, the aforementioned groups encourage the

10  Florida law enforcement community, in conjunction with local

11  officials and community organizations, to conduct open

12  dialogue and discussion on the topics of police integrity and

13  mutual respect between citizens and the law enforcement

14  community and to produce guidelines, procedures, and training

15  programs that prohibit biased law enforcement practices or any

16  other type of discriminatory law enforcement practices, and

17         WHEREAS, the Legislature supports empirically based

18  practical efforts that will strengthen trust between Florida's

19  law enforcement community and all Floridians, NOW, THEREFORE,

20

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

22

23         Section 1.  Section 943.1759, Florida Statutes, is

24  created to read:

25         943.1759  Florida Motorist Profiling Evaluation Task

26  Force.--There is created the Florida Motorist Profiling

27  Evaluation Task Force.--

28         (1)  The task force has the following duties:

29         (a)  To develop a research method and design for the

30  study of practices currently used by law enforcement agencies

31  of the state in making motor vehicle traffic stops.

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    Florida Senate - 2001                                    SB 84
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  1         (b)  To oversee a study of the practices currently used

  2  by law enforcement agencies of the state in making motor

  3  vehicle traffic stops, which study must include a mechanism

  4  for obtaining specific data related to the nature of traffic

  5  stops and the treatment of motorists who are the subjects of

  6  such traffic stops. Data acquired under this section may be

  7  used for research or statistical purposes only and may not

  8  contain any information that may reveal the identity of any

  9  individual who is the subject of a motor vehicle traffic stop

10  or any law enforcement officer. Data acquired under this

11  section shall not be used in any legal or administrative

12  proceeding to establish an inference of discrimination on the

13  basis of particular identifying characteristics.

14         (c)  To determine whether practices currently used by

15  law enforcement agencies of the state in making motor vehicle

16  traffic stops demonstrate a prevalence of biased enforcement

17  or discriminatory practices.

18         (d)  To report its findings and recommendations

19  annually, by September 1, to the Governor, the President of

20  the Senate, the Speaker of the House of Representatives, and

21  the minority leaders of the Senate and the House of

22  Representatives and to provide a final report of its findings

23  and recommendations by September 1, 2004.

24         (2)  The task force shall have 12 members as follows:

25         (a)  The Attorney General or the Attorney General's

26  designee.

27         (b)  The president of the Florida Sheriffs Association

28  or his or her designee.

29         (c)  The president of the Florida Police Chiefs

30  Association or his or her designee.

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  1         (d)  One member of the Florida Highway Patrol, to be

  2  appointed by the Governor.

  3         (e)  One member of the Florida Department of Law

  4  Enforcement, to be appointed by the Governor.

  5         (f)  One member of the Florida Commission on Human

  6  Relations, to be appointed by the Governor.

  7         (g)  The executive director of the American Civil

  8  Liberties Union of Florida or his or her designee.

  9         (h)  The state director of the National Association for

10  the Advancement of Colored People or his or her designee.

11         (i)  One member of the House of Representatives, to be

12  appointed by the Speaker of the House of Representatives.

13         (j)  One member of the Senate, to be appointed by the

14  President of the Senate.

15         (k)  One member of the House of Representatives, to be

16  appointed by the minority leader of the House of

17  Representatives.

18         (l)  One member of the Senate, to be appointed by the

19  minority leader of the Senate.

20         (3)  The Attorney General or the Attorney General's

21  designee shall serve as the chair of the task force. All

22  appointments shall be made within 30 days after the effective

23  date of this act.  Members of the task force must be appointed

24  by July 1, 2001.  In the event of a vacancy, the person who

25  made the original appointment shall appoint a new member to

26  fill the vacancy.

27         (4)  Staffing shall be provided to the task force by

28  the Office of the Attorney General.  Technical assistance may

29  be provided to the task force by the Department of Law

30  Enforcement, the Department of Highway Safety and Motor

31  Vehicles, and the Division of the Florida Highway Patrol.

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  1         (5)  Members of the task force shall serve without

  2  compensation but are entitled to per diem and travel expenses

  3  as provided in s. 112.061. Members of the task force shall

  4  receive per diem and travel expenses from the budgets of their

  5  respective agencies, except that the members of the task force

  6  appointed pursuant to paragraphs (2)(g) and (h) shall receive

  7  per diem and travel expenses from the budget of the Office of

  8  the Attorney General to the extent that resources will permit.

  9         (6)  The task force may appoint subcommittees that

10  include persons who are knowledgeable in a subject area

11  pertinent to the study conducted pursuant to subsection (1)

12  but are not members of the task force and may not vote as

13  such.

14         (7)  The task force may seek support in the form of

15  grants and technical assistance from the United States

16  Department of Justice and other applicable federal agencies in

17  furtherance of its duties as provided in this act.

18         (8)  The task force is abolished September 1, 2004.

19         Section 2.  (1)  Each state and local law enforcement

20  agency shall develop policies and procedures that prohibit

21  bias profiling or discriminatory practices as a primary factor

22  in determining whether the driver of a motor vehicle should be

23  stopped for a routine traffic violation.  A copy of the

24  policies and procedures developed by each law enforcement

25  agency shall be submitted to the task force by October 1,

26  2001.

27         (2)  The task force, with the assistance of persons

28  knowledgeable in subject areas pertinent to the study

29  conducted pursuant to subsection (1), shall produce uniform

30  statewide guidelines that may be used by state and local law

31  enforcement agencies in the development of policies,

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    Florida Senate - 2001                                    SB 84
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  1  procedures, and training curricula that will eliminate biased

  2  law enforcement and discriminatory law enforcement practices.

  3         Section 3.  Section 943.1758, Florida Statutes, is

  4  amended to read:

  5         943.1758  Curriculum revision for diverse populations;

  6  skills training.--

  7         (1)  The Criminal Justice Standards and Training

  8  Commission shall revise its standards and training for basic

  9  recruits and its requirements for continued employment by

10  integrating instructions on interpersonal skills relating to

11  diverse populations into the criminal justice standards and

12  training curriculum. The curriculum shall include standardized

13  proficiency instruction relating to high-risk and critical

14  tasks which include, but are not limited to, stops, use of

15  force and domination, and other areas of interaction between

16  officers and members of diverse populations. The curriculum

17  shall also include guidelines and instructions on motor

18  vehicle stops which address the prohibition of bias profiling

19  and any other discriminatory law enforcement practices.

20         (2)  The commission shall develop and implement, as

21  part of its instructor training programs, standardized

22  instruction in the subject of interpersonal skills relating to

23  diverse populations.

24

25  Culturally sensitive lesson plans, up-to-date videotapes, and

26  other demonstrative aids developed for use in diverse

27  population-related training shall be used as instructional

28  materials.

29         Section 4.  There is appropriated from the General

30  Revenue Fund to the Office of Civil Rights within the

31  Department of Legal Affairs the sum of $350,000 to fund two

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    Florida Senate - 2001                                    SB 84
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  1  OPS positions within the Office of Civil Rights and to carry

  2  out the purposes of this act and the duties of the Florida

  3  Traffic Stop Evaluation Task Force.

  4         Section 5.  This act shall take effect upon becoming a

  5  law.

  6

  7            *****************************************

  8                          SENATE SUMMARY

  9    Creates a Florida Motorist Profiling Evaluation Task
      Force to study the use of discriminatory practices used
10    by law enforcement agencies in making motor vehicle
      traffic stops, to determine whether discriminatory
11    practices exist, and to develop policies with respect to
      nondiscriminatory traffic-stop practices. Requires that
12    nondiscriminatory traffic-stop practices be included in
      the criminal justice and standards curriculum.
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