Florida Senate - 2021 SB 1742 By Senator Powell 30-00038-21 20211742__ 1 A bill to be entitled 2 An act relating to use of deadly force; creating s. 3 943.087, F.S.; defining the term “serious bodily 4 injury”; requiring certain law enforcement agencies to 5 collect and report to the Department of Law 6 Enforcement specified information regarding the use of 7 deadly force; requiring the department to create and 8 provide such agencies with a standardized form for 9 reporting such information; requiring the department 10 to provide for electronic submission of such 11 information; requiring the department, in consultation 12 with specified associations, to develop and maintain a 13 database for the retention of such information for at 14 least a specified period of time; providing an 15 effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 943.087, Florida Statutes, is created to 20 read: 21 943.087 Reporting of information on use of deadly force by 22 a law enforcement officer; development and maintenance of 23 database.— 24 (1) As used in this section, the term “serious bodily 25 injury” means bodily injury that involves a substantial risk of 26 death, unconsciousness, protracted and obvious disfigurement, or 27 protracted loss or impairment of the function of a bodily member 28 or organ; or the protracted loss or impairment of mental 29 faculty. 30 (2) For each incident in which deadly force is used by a 31 law enforcement officer, as defined in s. 943.10, which results 32 in serious bodily injury or death, the law enforcement agency 33 employing the officer shall collect all of the following 34 information and report such information to the department within 35 15 days after the end of each calendar quarter in which the 36 incident occurs: 37 (a) The characteristics of, and other information 38 pertaining to, the person on whom deadly force was used, the 39 circumstances surrounding the incident in which the force was 40 used, and the law enforcement officers involved, including the 41 age, sex, race, ethnicity, height, and weight of the officer 42 using deadly force. 43 (b) The age, sex, race, ethnicity, height, weight, and, if 44 applicable, any physical impairment of the subject on whom 45 deadly force was used. 46 (c) The date, time, and location, including location code 47 information from the National Incident-Based Reporting System, 48 of the incident in which deadly force was used. 49 (d) A description of the injuries to or cause of death of 50 the subject, including the type of deadly force used by the law 51 enforcement officer to cause the injury or death. 52 (e) Whether a law enforcement officer was injured and, if 53 applicable, a description of the injuries to or cause of death 54 of the officer, including the type of deadly force used by the 55 subject to cause the injury or death. 56 (f) The reason for the initial contact between the subject 57 and the law enforcement officer. 58 (g) Whether the subject resisted and, if applicable, the 59 type of resistance offered by the subject. 60 (h) Whether the subject threatened the use of deadly force 61 and, if applicable, whether the threat was directed at the law 62 enforcement officer or at another party. 63 (i) Whether the subject possessed a weapon or firearm and, 64 if applicable, a description of the weapon or firearm. 65 (j) A description of the alleged criminal activity of the 66 subject on whom deadly force was used. 67 (k) An explanation from the law enforcement agency 68 employing the law enforcement officer as to why the officer used 69 deadly force. 70 (l) A copy of the law enforcement agency’s guidelines for 71 the use of deadly force in effect at the time the law 72 enforcement officer used deadly force, unless a copy has 73 previously been submitted, which shall be so stated. 74 (m) A description of any nonlethal efforts or techniques 75 used by the law enforcement officer to apprehend or subdue the 76 subject before the officer used deadly force. 77 (n) Information concerning the use of deadly force as the 78 case progresses, including information on settlements, trials, 79 and final results of proceedings. The law enforcement agency 80 shall provide ongoing updates to the department on the 81 information required by this paragraph within 15 days after the 82 end of the calendar quarter. 83 (3) The department shall create and provide a standardized 84 form to each law enforcement agency for the reporting required 85 under this section and shall provide for electronic submission 86 of such information. 87 (4) In consultation with the Florida Sheriffs Association 88 and the Florida Police Chiefs Association, the department shall 89 develop and maintain a database in which it shall retain the 90 information collected and submitted under subsection (2) for 91 each reported incident for at least 10 years after the most 92 recent entry for that incident. 93 Section 2. This act shall take effect July 1, 2021.