House Bill hb1291

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    Florida House of Representatives - 2002                HB 1291

        By Representative Bendross-Mindingall






  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 biased 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; providing an

18         appropriation; providing an effective date.

19

20         WHEREAS, in a free society, law enforcement agencies

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

22  citizens, and that protection is expected of every law

23  enforcement agency by each citizen, and

24         WHEREAS, the Legislature, the Attorney General, the

25  Florida Sheriffs Association, the Florida Police Chiefs

26  Association, the National Association for the Advancement of

27  Colored People, the American Civil Liberties Union, the

28  Florida Department of Law Enforcement, and the Florida Highway

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

30  detrimental to the relationship between law enforcement and

31  the public, and

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    Florida House of Representatives - 2002                HB 1291

    749-102B-02






  1         WHEREAS, the aforementioned groups encourage the

  2  Florida law enforcement community, in conjunction with local

  3  officials and community organizations, to conduct open

  4  dialogue and discussion on the topics of police integrity and

  5  mutual respect between citizens and the law enforcement

  6  community and to produce guidelines, procedures, and training

  7  programs that prohibit biased law enforcement practices or any

  8  other type of discriminatory law enforcement practices, and

  9         WHEREAS, the Legislature supports empirically based

10  practical efforts that will strengthen trust between Florida's

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

12

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

14

15         Section 1.  Section 943.1759, Florida Statutes, is

16  created to read:

17         943.1759  Florida Motorist Profiling Evaluation Task

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

19  Evaluation Task Force.

20         (1)  The task force shall have the following duties:

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

22  study of practices currently used by law enforcement agencies

23  of the state in making motor vehicle traffic stops.

24         (b)  To oversee a study of the practices currently used

25  by law enforcement agencies of the state in making motor

26  vehicle traffic stops, which study must include a mechanism

27  for obtaining specific data related to the nature of traffic

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

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

30  used for research or statistical purposes only and shall not

31  contain any information that may reveal the identity of any

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    Florida House of Representatives - 2002                HB 1291

    749-102B-02






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

  2  or any law enforcement officer. Data acquired under this

  3  section shall not be used in any legal or administrative

  4  proceeding to establish an inference of discrimination on the

  5  basis of particular identifying characteristics.

  6         (c)  To determine whether practices currently used by

  7  law enforcement agencies of the state in making motor vehicle

  8  traffic stops demonstrate a prevalence of biased or

  9  discriminatory law enforcement practices.

10         (d)  To report its findings and recommendations

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

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

13  the minority leaders of the Senate and the House of

14  Representatives and to provide a final report of its findings

15  and recommendations by September 1, 2005.

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

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

18  designee.

19         (b)  The president of the Florida Sheriffs Association

20  or his or her designee.

21         (c)  The president of the Florida Police Chiefs

22  Association or his or her designee.

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

24  appointed by the Governor.

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

26  Enforcement, to be appointed by the Governor.

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

28  Relations, to be appointed by the Governor.

29         (g)  The executive director of the American Civil

30  Liberties Union of Florida or his or her designee.

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    Florida House of Representatives - 2002                HB 1291

    749-102B-02






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

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

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

  4  appointed by the Speaker of the House of Representatives.

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

  6  President of the Senate.

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

  8  appointed by the minority leader of the House of

  9  Representatives.

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

11  minority leader of the Senate.

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

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

14  appointments shall be made within 30 days after the effective

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

16  by July 1, 2002.  In the event of a vacancy, the person who

17  made the original appointment shall appoint a new member to

18  fill the vacancy.

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

20  the Office of the Attorney General.  Technical assistance may

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

22  Enforcement, the Department of Highway Safety and Motor

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

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

25  compensation but are entitled to per diem and travel expenses

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

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

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

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

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

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

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    Florida House of Representatives - 2002                HB 1291

    749-102B-02






  1         (6)  The task force may appoint subcommittees that

  2  include persons who are knowledgeable in a subject area

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

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

  5  such.

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

  7  grants and technical assistance from the United States

  8  Department of Justice and other applicable federal agencies in

  9  furtherance of its duties as provided in this act.

10         (8)  The task force is abolished September 1, 2005.

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

12  agency shall develop policies and procedures that prohibit

13  biased profiling or discriminatory practices as a primary

14  factor in determining whether the driver of a motor vehicle

15  should be stopped for a routine traffic violation.  A copy of

16  the policies and procedures developed by each law enforcement

17  agency shall be submitted to the Florida Motorist Profiling

18  Evaluation Task Force by October 1, 2002.

19         (2)  The Florida Motorist Profiling Evaluation Task

20  Force, with the assistance of persons knowledgeable in subject

21  areas pertinent to the study conducted pursuant to s. 943.1759

22  (1), Florida Statutes, shall produce uniform statewide

23  guidelines that may be used by state and local law enforcement

24  agencies in the development of policies, procedures, and

25  training curricula that will eliminate biased law enforcement

26  and discriminatory law enforcement practices.

27         Section 3.  There is appropriated from the General

28  Revenue Fund to the Office of Civil Rights within the

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

30  OPS positions within the Office of Civil Rights and to carry

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    Florida House of Representatives - 2002                HB 1291

    749-102B-02






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

  2  Motorist Profiling Evaluation Task Force.

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

  4  law.

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  6            *****************************************

  7                          HOUSE SUMMARY

  8
      Creates a Florida Motorist Profiling Evaluation Task
  9    Force to study the use of discriminatory practices by law
      enforcement agencies in making motor vehicle traffic
10    stops to determine whether discriminatory practices exist
      and to develop policies with respect to nondiscriminatory
11    traffic stop practices.

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