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A bill to be entitled

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An act relating to traffic stops; creating s. 316.642,

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F.S.; requiring certain data to be collected from each

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traffic stop and reported to the Department of

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Transportation; requiring an annual report; providing for

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a task force to be created if the Governor determines that

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there is evidence of racial profiling; providing for

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recommendations; providing for rulemaking; amending s.

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316.614, F.S.; deleting duplicative provisions; providing

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an effective date.

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

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     Section 1.  Section 316.642, Florida Statutes, is created to

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read:

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     316.642 Traffic stops; data; reporting; task force.--

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     (1) Each officer of a traffic enforcement agency, as

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provided in s. 316.640(8), who stops an operator shall,

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regardless of whether a traffic citation is issued or an arrest

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is made as a result of the stop, record the name, address,

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gender, and race of the operator and record whether the stop

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involved a search and whether a citation was issued or an arrest

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resulted. Each agency must maintain such information and forward

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it to the Department of Transportation in a form and manner

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determined by the department. The Department of Transportation

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shall analyze the data and annually make a report to the

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Governor, the President of the Senate, and the Speaker of the

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House of Representatives. The report must show separate statewide

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totals for the state's county sheriffs and municipal law

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enforcement agencies, state law enforcement agencies, and state

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university law enforcement agencies.

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     (2) If the Governor determines that this data indicates

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evidence of racial profiling by law enforcement officers, the

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Governor shall appoint a task force reflective of Florida's

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diverse population to review the data and recommend any

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appropriate changes to traffic enforcement agency policies and

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procedures or any other remedies.

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     (3) The Department of Transportation has authority to adopt

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rules pursuant to ss. 120.536(1) and 120.54 to implement the

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provisions of this section conferring duties upon it.

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     Section 2.  Subsection (9) of section 316.614, Florida

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Statutes, is amended to read:

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     316.614  Safety belt usage.--

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     (9) By January 1, 2006, Each law enforcement agency in this

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state shall adopt departmental policies to prohibit the practice

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of racial profiling. When a law enforcement officer issues a

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citation for a violation of this section, the law enforcement

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officer must record the race and ethnicity of the violator. All

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law enforcement agencies must maintain such information and

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forward the information to the department in a form and manner

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determined by the department. The department shall collect this

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information by jurisdiction and annually report the data to the

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Governor, the President of the Senate, and the Speaker of the

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House of Representatives. The report must show separate statewide

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totals for the state's county sheriffs and municipal law

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enforcement agencies, state law enforcement agencies, and state

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university law enforcement agencies.

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     Section 3.  This act shall take effect October 1, 2008.