Florida Senate - 2019                                    SB 1384
       
       
        
       By Senator Gibson
       
       
       
       
       
       6-01586-19                                            20191384__
    1                        A bill to be entitled                      
    2         An act relating to the Urban and Inner-City Crime and
    3         Gun Violence Prevention Commission; providing a short
    4         title; providing legislative findings; creating the
    5         Urban and Inner-City Crime and Gun Violence
    6         Commission; providing for membership; providing for
    7         staff support; providing requirements for meetings;
    8         providing that members are entitled to certain
    9         reimbursements; specifying the duties of the
   10         commission; providing for powers of the commission;
   11         requiring the executive director of the Department of
   12         Law Enforcement to issue subpoenas to aid the
   13         commission in specified ways; authorizing the
   14         commission to seek assistance from state agencies;
   15         authorizing the commission to access certain
   16         confidential and exempt information or records;
   17         providing requirements for such access; requiring
   18         reports; providing for sunset of the commission and
   19         repeal of provisions; providing an appropriation;
   20         providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. This act may be cited as the “The Urban and
   25  Inner-City Crime and Gun Violence Prevention Act.”
   26         Section 2. The Legislature finds there is a need to
   27  comprehensively address the crisis of crime and gun violence in
   28  Florida’s urban and inner-city communities. The Legislature
   29  intends to address this crisis by providing cities, counties,
   30  and local and state law enforcement agencies and the courts with
   31  the tools to enhance and promote safe neighborhoods and
   32  communities by enhanced coordination between local and state law
   33  enforcement entities at the state and local levels.
   34         Section 3. Urban and Inner-City Crime and Gun Violence
   35  Prevention Commission.—
   36         (1)There is created within the Department of Law
   37  Enforcement the Urban and Inner-City Crime and Gun Violence
   38  Prevention Commission, a commission as defined in s. 20.03,
   39  Florida Statutes.
   40         (2)(a)The commission shall convene no later than September
   41  1, 2019, and shall be composed of 16 members. Five members shall
   42  be appointed by the President of the Senate, five members shall
   43  be appointed by the Speaker of the House of Representatives, and
   44  five members shall be appointed by the Governor. The Chair of
   45  the Florida Council on the Social Status of Black Men and Boys,
   46  or his or her designee, shall serve as a member of the
   47  commission. From the members of the commission, the Governor
   48  shall appoint the chair. Appointments must be made by August 1,
   49  2019. The executive director of the Department of Law
   50  Enforcement, the Secretary of Juvenile Justice, and the
   51  Secretary of Children and Families shall serve as ex-officio and
   52  nonvoting members of the commission. Members shall serve at the
   53  pleasure of the officer who appointed the member. A vacancy on
   54  the commission shall be filled in the same manner as the
   55  original appointment.
   56         (b)The General Counsel of the Department of Law
   57  Enforcement shall serve as the general counsel for the
   58  commission.
   59         (c)The Department of Law Enforcement staff and the
   60  Department of Juvenile Justice staff, as assigned by the chair,
   61  shall assist the commission in performing its duties.
   62         (d)The commission shall meet on a quarterly basis or as
   63  necessary to conduct its work at the call of the chair and at
   64  the time designated by him or her at locations throughout the
   65  state. The commission may not conduct its meetings through
   66  teleconferences or other similar means.
   67         (e)Members of the commission are entitled to receive
   68  reimbursement for per diem and travel expenses pursuant to s.
   69  112.061, Florida Statutes.
   70         (3)The commission shall investigate system failures and
   71  the causes and reasons for high crime and gun violence incidents
   72  in urban and inner-city communities and neighborhoods. In
   73  addition, the commission shall develop recommendations for
   74  solutions, programs, services, and strategies for improved
   75  interagency communications between local and state governmental
   76  agencies which will help facilitate the reduction of crime and
   77  gun violence in urban and inner-city neighborhoods and
   78  communities.
   79         (4)The commission has the power to investigate. The
   80  commission may delegate to its investigators the authority to
   81  administer oaths and affirmations.
   82         (5)The executive director of the Department of Law
   83  Enforcement shall issue subpoenas to compel the attendance of
   84  witnesses to testify before the commission and the production of
   85  any books, papers, records, documentary evidence, and other
   86  items, including confidential information, relevant to the
   87  performance of the duties of the commission or to the exercise
   88  of its powers. The chair or other member of the commission may
   89  administer all oaths and affirmations in the manner prescribed
   90  by law to witnesses who appear before the commission for the
   91  purpose of testifying in any matter of which the commission
   92  desires evidence. In the case of a refusal to obey a subpoena,
   93  the commission may make application to any circuit court of this
   94  state having jurisdiction to order the witness to appear before
   95  the commission and to produce evidence, if so ordered, or to
   96  give testimony relevant to the matter in question. Failure to
   97  obey the order may be punished by the court as contempt.
   98         (6)The commission may call upon appropriate agencies of
   99  the state government for such professional assistance as may be
  100  needed in the discharge of its duties, and such agencies shall
  101  provide such assistance in a timely manner.
  102         (7)Notwithstanding any other law, the commission may
  103  request and shall be provided with access to any information or
  104  records, including exempt or confidential and exempt information
  105  or records, which pertain to crime and gun violence incidents in
  106  this state’s urban and inner-city neighborhoods and communities.
  107  Information or records obtained by the commission which are
  108  otherwise exempt or confidential and exempt shall retain such
  109  exempt or confidential and exempt status and the commission may
  110  not disclose any such information or records.
  111         (8)The commission shall submit an initial report on its
  112  findings and recommendations to the Governor, the President of
  113  the Senate, and the Speaker of the House of Representatives by
  114  January 1, 2020, and may issue reports annually thereafter. The
  115  commission shall sunset December 31, 2023, and this section is
  116  repealed on that date.
  117         Section 4. For the 2019-2020 fiscal year, five full-time
  118  equivalent positions with an associated total salary rate of
  119  345,000 are authorized and the recurring sum of $600,000 is
  120  appropriated from the General Revenue Fund to the Department of
  121  Law Enforcement for the operations of the commission.
  122         Section 5. This act shall take effect July 1, 2019.