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         943.087Reporting 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.