Florida Senate - 2015                                    SB 1300
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-01199-15                                           20151300__
    1                        A bill to be entitled                      
    2         An act relating to the use of deadly force; creating
    3         s. 943.0322, F.S.; requiring the Department of Law
    4         Enforcement to establish a database on the use of
    5         deadly force; requiring the database to include
    6         specified information; requiring the department to
    7         create a form for reporting information for inclusion
    8         in the database; requiring the department to maintain
    9         the data collected for a certain amount of time;
   10         requiring law enforcement officers employed by the
   11         department and local law enforcement agencies and
   12         correctional officers employed by the Department of
   13         Corrections to complete the form after an event in
   14         which deadly force was used by that officer; requiring
   15         the form to be submitted to the department within a
   16         specified amount of time; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 943.0322, Florida Statutes, is created
   21  to read:
   22         943.0322 Use of deadly force; database.—
   23         (1) The department shall establish a database and collect
   24  and compile data on all incidents in this state which result in
   25  death and which involve the use of deadly force by law
   26  enforcement officers employed by the department and local law
   27  enforcement agencies and correctional officers employed by the
   28  Department of Corrections.
   29         (2) The database must include all of the following
   30  information regarding the individual on whom deadly force was
   31  used:
   32         (a) Race or ethnicity.
   33         (b) Gender.
   34         (c) Age.
   35         (d) Actual or perceived religious affiliation, if any.
   36         (e) Date, time, and location of the use of force event.
   37         (f) Description of the alleged criminal activity of the
   38  person who was the target of the use of force.
   39         (g) Description of the nature of the deadly force used,
   40  including, but not limited to, the type of physical force or
   41  weapon used in the incident.
   42         (h) A sworn statement by the law enforcement officer or
   43  correctional officer explaining why deadly force was used.
   44         (i) A sworn statement by the law enforcement officer or
   45  correctional officer describing any nonlethal efforts or
   46  techniques that were used to apprehend or subdue the person who
   47  was the target of the deadly force before deadly force was used.
   48         (j) A sworn statement regarding the guidelines for the use
   49  of deadly force which were in place at the time of the deadly
   50  force event, or a link to those guidelines on the agency’s or
   51  department’s website.
   52         (3) The department shall:
   53         (a) Create a form for use in the submission of data
   54  collected for the database.
   55         (b) Maintain the data collected for at least 10 years after
   56  the date of the event.
   57         (4) A law enforcement officer employed by the department or
   58  a local law enforcement agency or a correctional officer
   59  employed by the Department of Corrections shall, after any event
   60  in which he or she uses deadly force, complete the form required
   61  under subsection (3) and his or her employer shall submit the
   62  form to the department within 10 business days after the date of
   63  the deadly force event.
   64         Section 2. This act shall take effect July 1, 2015.