Senate Bill sb0084c1

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    Florida Senate - 2001                             CS for SB 84

    By the Committee on Criminal Justice and Senator Meek





    307-1555-01

  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 membership,

  6         terms, and organization; providing an

  7         appropriation; providing an effective date.

  8

  9         WHEREAS, in a free society, law enforcement agencies

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

11  citizens, and that protection is expected of every law

12  enforcement agency by each citizen, and

13         WHEREAS, the Legislature, the Attorney General, the

14  Florida Sheriffs Association, the Florida Police Chiefs

15  Association, the National Association for the Advancement of

16  Colored People, the American Civil Liberties Union, the

17  Florida Department of Law Enforcement, and the Florida Highway

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

19  detrimental to the relationship between law enforcement and

20  the public, and

21         WHEREAS, the aforementioned groups encourage the

22  Florida law enforcement community, in conjunction with local

23  officials and community organizations, to conduct open

24  dialogue and discussion on the topics of police integrity and

25  mutual respect between citizens and the law enforcement

26  community and to produce guidelines, procedures, and training

27  programs that prohibit biased law enforcement practices or any

28  other type of discriminatory law enforcement practices, and

29         WHEREAS, the Legislature supports empirically based

30  practical efforts that will strengthen trust between Florida's

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

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    Florida Senate - 2001                             CS for SB 84
    307-1555-01




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

  2

  3         Section 1.  Section 943.1759, Florida Statutes, is

  4  created to read:

  5         943.1759  Florida Motorist Profiling Evaluation Task

  6  Force.--

  7         (1)  There is created the Florida Motorist Profiling

  8  Evaluation Task Force.--

  9         (2)  The task force has the following duties:

10         (a)  To identify practices currently used by state and

11  local law enforcement agencies of this state in making motor

12  vehicle traffic stops;

13         (b)  To identify and recommend changes to address

14  deficiencies, if any, in such current practices;

15         (c)  To recommend best practices and policies and

16  procedures that may be adopted by state or local law

17  enforcement agencies of this state to prevent bias profiling

18  and discriminatory practices from serving as a primary factor

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

20  stopped for a routine traffic violation; and

21         (d)  To report its findings and recommendations to the

22  Governor, the President of the Senate, the Speaker of the

23  House of Representatives, and the majority and minority

24  leaders of the Senate and the House of Representatives by

25  January 1, 2002. The recommendations must specifically include

26  recommendations, including proposed legislation, for assuring

27  that law enforcement agencies' policies for motor vehicle

28  traffic stops are free of bias profiling.

29         (3)  The task force shall have 12 members as follows;

30  members may not delegate their duties to attend meetings of

31

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    Florida Senate - 2001                             CS for SB 84
    307-1555-01




  1  the task force and to vote on any matter before the task force

  2  to any other person:

  3         (a)  The Attorney General.

  4         (b)  The president of the Florida Sheriffs Association.

  5         (c)  The president of the Florida Police Chiefs

  6  Association.

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

  8  appointed by the Governor.

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

10  Enforcement, to be appointed by the Governor.

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

12  Relations, to be appointed by the Governor.

13         (g)  The executive director of the American Civil

14  Liberties Union of Florida.

15         (h)  The state president of the National Association

16  for the Advancement of Colored People.

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

18  appointed by the Speaker of the House of Representatives.

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

20  President of the Senate.

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

22  appointed by the minority leader of the House of

23  Representatives.

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

25  minority leader of the Senate.

26         (4)  The Attorney General shall serve as the chair of

27  the task force. Members of the task force must be appointed

28  within 30 days after the effective date of this act, and the

29  task force must hold its first meeting within 60 days after

30  the effective date of this act. In the event of a vacancy, the

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    Florida Senate - 2001                             CS for SB 84
    307-1555-01




  1  person who made the original appointment shall appoint a new

  2  member to fill the vacancy.

  3         (5)  Staffing shall be provided to the task force by

  4  the Department of Legal Affairs. Technical assistance may be

  5  provided to the task force by the Department of Law

  6  Enforcement, the Department of Highway Safety and Motor

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

  8         (6)  Members of the task force shall serve without

  9  compensation but are entitled to per diem and travel expenses

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

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

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

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

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

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

16         (7)  The task force may appoint subcommittees that

17  include persons who are knowledgeable in a subject area

18  pertinent to the subject areas identified in subsection (2)

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

20  such.

21         (8)  The task force may seek support in the form of

22  grants and technical assistance from the United States

23  Department of Justice and other applicable federal agencies in

24  furtherance of its duties as provided in this act.

25         (9)  The task force is abolished April 1, 2002.

26         Section 2.  There is appropriated from the General

27  Revenue Fund to the Department of Legal Affairs the sum of

28  $100,000 to carry out the purposes of this act and the duties

29  of the Florida Motorist Profiling Evaluation Task Force.

30         Section 3.  This act shall take effect upon becoming a

31  law.

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    Florida Senate - 2001                             CS for SB 84
    307-1555-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                          Senate Bill 84

  3

  4  -     Revises duties of Florida Motorist Profiling Evaluation
          Task Force.
  5
    -     Changes date for reporting findings and recommendations
  6        to the Legislature and Governor and for abolishing task
          force.
  7
    -     Eliminates data collection requirements.
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    -     Eliminates authorization for designees of appointed
  9        members of task force to serve instead of appointed
          members.
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    -     Reduces appropriation to $100,000.
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