| 1 | A bill to be entitled |
| 2 | An act relating to traffic stops; creating s. 316.642, |
| 3 | F.S.; requiring certain data to be collected from each |
| 4 | traffic stop and reported to the Department of |
| 5 | Transportation; requiring an annual report; providing for |
| 6 | a task force to be created if the Governor determines that |
| 7 | there is evidence of racial profiling; providing for |
| 8 | recommendations; providing for rulemaking; amending s. |
| 9 | 316.614, F.S.; deleting duplicative provisions; providing |
| 10 | an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 316.642, Florida Statutes, is created |
| 15 | to read: |
| 16 | 316.642 Traffic stops; data; reporting; task force.-- |
| 17 | (1) Each officer of a traffic enforcement agency, as |
| 18 | provided in s. 316.640(8), who stops an operator shall, |
| 19 | regardless of whether a traffic citation is issued or an arrest |
| 20 | is made as a result of the stop, record the name, address, |
| 21 | gender, and race of the operator and record whether the stop |
| 22 | involved a search and whether a citation was issued or an arrest |
| 23 | resulted. Each agency must maintain such information and forward |
| 24 | it to the Department of Transportation in a form and manner |
| 25 | determined by the department. The Department of Transportation |
| 26 | shall analyze the data and annually make a report to the |
| 27 | Governor, the President of the Senate, the Speaker of the House |
| 28 | of Representatives, the Senate Minority Leader, and the House |
| 29 | Minority Leader. The report must show separate statewide totals |
| 30 | for the state's county sheriffs and municipal law enforcement |
| 31 | agencies, state law enforcement agencies, and state university |
| 32 | law enforcement agencies. |
| 33 | (2) If the Governor determines that this data indicates |
| 34 | evidence of racial profiling by law enforcement officers, the |
| 35 | Governor shall appoint a task force reflective of Florida's |
| 36 | diverse population to review the data and recommend any |
| 37 | appropriate changes to traffic enforcement agency policies and |
| 38 | procedures or any other remedies. |
| 39 | (3) The Department of Transportation has authority to |
| 40 | adopt rules pursuant to ss. 120.536(1) and 120.54 to implement |
| 41 | the provisions of this section conferring duties upon it. |
| 42 | Section 2. Subsection (9) of section 316.614, Florida |
| 43 | Statutes, is amended to read: |
| 44 | 316.614 Safety belt usage.-- |
| 45 | (9) By January 1, 2006, Each law enforcement agency in |
| 46 | this state shall adopt departmental policies to prohibit the |
| 47 | practice of racial profiling. When a law enforcement officer |
| 48 | issues a citation for a violation of this section, the law |
| 49 | enforcement officer must record the race and ethnicity of the |
| 50 | violator. All law enforcement agencies must maintain such |
| 51 | information and forward the information to the department in a |
| 52 | form and manner determined by the department. The department |
| 53 | shall collect this information by jurisdiction and annually |
| 54 | report the data to the Governor, the President of the Senate, |
| 55 | and the Speaker of the House of Representatives. The report must |
| 56 | show separate statewide totals for the state's county sheriffs |
| 57 | and municipal law enforcement agencies, state law enforcement |
| 58 | agencies, and state university law enforcement agencies. |
| 59 | Section 3. This act shall take effect October 1, 2008. |