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.