Florida Senate - 2021                                     SB 446
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00053-21                                            2021446__
    1                        A bill to be entitled                      
    2         An act relating to citizen review boards; creating s.
    3         900.061, F.S.; providing legislative findings and
    4         intent; requiring the county commission or other
    5         governing body of each county to establish a citizen
    6         review board with the authority and ability to
    7         independently investigate law enforcement agencies
    8         within that county; providing requirements for citizen
    9         review boards; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 900.061, Florida Statutes, is created to
   14  read:
   15         900.061 Citizen review boards.—
   16         (1) The Legislature finds that an effective way for our
   17  communities and the law enforcement agencies that serve them to
   18  build mutual trust and positive relationships is through the
   19  establishment of citizen review boards.
   20         (2) It is the intent of the Legislature to require the
   21  establishment of a citizen review board in each county of this
   22  state to provide civilian oversight of law enforcement agencies
   23  within the respective counties through independent
   24  investigations.
   25         (3) By July 1, 2022, the county commission or other
   26  governing body, as appropriate, of each county in this state
   27  shall establish a citizen review board with the authority and
   28  ability to independently investigate each law enforcement agency
   29  within that county.
   30         (4) Each citizen review board shall comply with all of the
   31  following requirements:
   32         (a) Be composed of at least 5 but not more than 15
   33  individuals appointed by the county commission or other
   34  governing body of the county, as appropriate. A member of the
   35  board may not be a current employee of the state or county, or
   36  of any subdivision of the county.
   37         (b) Investigate all complaints relating to:
   38         1. Use of force. This includes an investigation into
   39  whether use of force was justified.
   40         2. Abuse of authority. This includes, but is not limited
   41  to, investigations to determine whether unauthorized or illegal
   42  searches or seizures, inappropriate entry onto property, or
   43  refusal to provide name and badge number occurred.
   44         3. Discourtesy. This includes, but is not limited to, the
   45  use of foul language, acting in a rude or unprofessional manner,
   46  or the display of rude or offensive gestures.
   47         4. Discriminatory language. This includes, but is not
   48  limited to, the use of slurs based on race, religion, ethnicity,
   49  sex, or gender.
   50         (c) Create a standard form and a uniform process for the
   51  submission of complaints.
   52         (d) Create a uniform process or procedure for the
   53  processing of complaints.
   54         (e) Meet with the individual who submitted the complaint.
   55         (f) Meet with the law enforcement officer against whom the
   56  complaint was made.
   57         (g) Meet with one or more witnesses, if any, to the event
   58  that prompted the complaint.
   59         (h) Prepare a report on the findings of the investigation.
   60         (i) Submit the report and any recommendations to the county
   61  commission or other governing body of the county, as
   62  appropriate, and to the head of the law enforcement agency that
   63  employs the law enforcement officer.
   64         Section 2. This act shall take effect July 1, 2021.