Florida Senate - 2018                                     SB 592
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00776-18                                            2018592__
    1                        A bill to be entitled                      
    2         An act relating to law enforcement practices; creating
    3         s. 316.651, F.S.; requiring a law enforcement officer
    4         or traffic enforcement officer who issues a traffic
    5         citation during a traffic stop to record certain
    6         information on the citation; requiring law enforcement
    7         agencies to provide such information to the Department
    8         of Highway Safety and Motor Vehicles; requiring the
    9         department to report such information to the Governor
   10         and Legislature and make such information available on
   11         its website; amending s. 316.614, F.S.; conforming
   12         provisions to changes made by the act; creating s.
   13         943.1714, F.S.; defining the term “racial profiling”;
   14         prohibiting a law enforcement officer from engaging in
   15         racial profiling in the performance of official
   16         duties; requiring law enforcement agencies to adopt
   17         policies to prohibit racial profiling; providing an
   18         effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 316.651, Florida Statutes, is created to
   23  read:
   24         316.651 Information recorded on traffic citation; reports.
   25  A law enforcement officer as defined in s. 943.10 or other
   26  traffic enforcement officer who conducts a traffic stop and
   27  issues a traffic citation as prescribed by s. 316.650 must
   28  record on the citation the race of the person to whom the
   29  citation is issued. Each law enforcement agency in this state
   30  must maintain such information and must provide such information
   31  to the department in a form and manner determined by the
   32  department. The department shall collect such information by
   33  jurisdiction and shall submit an annual report to the Governor,
   34  the President of the Senate, and the Speaker of the House of
   35  Representatives which shows separate statewide totals for the
   36  state’s county sheriffs and municipal law enforcement agencies,
   37  state law enforcement agencies, and state university law
   38  enforcement agencies. The department shall make the report
   39  available on its website each year.
   40         Section 2. Subsection (9) of section 316.614, Florida
   41  Statutes, is amended to read:
   42         316.614 Safety belt usage.—
   43         (9) By January 1, 2006, each law enforcement agency in this
   44  state shall adopt departmental policies to prohibit the practice
   45  of racial profiling. When a law enforcement officer issues a
   46  citation for a violation of this section, the law enforcement
   47  officer must record the race and ethnicity of the violator. All
   48  law enforcement agencies must maintain such information and
   49  forward the information to the department in a form and manner
   50  determined by the department. The department shall collect this
   51  information by jurisdiction and annually report the data to the
   52  Governor, the President of the Senate, and the Speaker of the
   53  House of Representatives. The report must show separate
   54  statewide totals for the state’s county sheriffs and municipal
   55  law enforcement agencies, state law enforcement agencies, and
   56  state university law enforcement agencies.
   57         Section 3. Section 943.1714, Florida Statutes, is created
   58  to read:
   59         943.1714 Racial profiling prohibited.—
   60         (1) As used in this section, the term “racial profiling”
   61  means determining probable cause for and carrying out the
   62  detention, interdiction, or other disparate treatment of a
   63  person based solely on the person’s race or ethnicity.
   64         (2) A law enforcement officer may not engage in racial
   65  profiling in the performance of his or her official duties,
   66  including, but not limited to, conducting a traffic stop, making
   67  a physical arrest, or taking a person into custody.
   68         (3) Each law enforcement agency in this state shall adopt
   69  departmental policies to prohibit the practice of racial
   70  profiling.
   71         Section 4. This act shall take effect January 1, 2019.