Florida Senate - 2021 SB 450 By Senator Bracy 11-00055-21 2021450__ 1 A bill to be entitled 2 An act relating to citizen review boards; creating s. 3 900.06, F.S.; requiring law enforcement agencies that 4 employ law enforcement officers being investigated for 5 use of force by a citizen review board to include a 6 member of the citizen review board as part of the law 7 enforcement agency’s investigative team; creating s. 8 900.061, F.S.; providing legislative findings and 9 intent; requiring the county commission or other 10 governing body of each county to establish a citizen 11 review board with the authority and ability to 12 independently investigate law enforcement agencies 13 within that county; providing requirements for citizen 14 review boards; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 900.06, Florida Statutes, is created to 19 read: 20 900.06 Citizen review board member participation in use of 21 force investigations.—Each law enforcement agency in this state 22 which employs a law enforcement officer for which an 23 investigation is opened under s. 900.061(4)(b)1. by a citizen 24 review board shall include a member of the citizen review board 25 as part of the law enforcement agency’s investigative team. 26 Section 2. Section 900.061, Florida Statutes, is created to 27 read: 28 900.061 Citizen review boards.— 29 (1) The Legislature finds that an effective way for our 30 communities and the law enforcement agencies that serve them to 31 build mutual trust and positive relationships is through the 32 establishment of citizen review boards. 33 (2) It is the intent of the Legislature to require the 34 establishment of a citizen review board in each county of this 35 state to provide civilian oversight of law enforcement agencies 36 within the respective counties through independent 37 investigations. 38 (3) By July 1, 2022, the county commission or other 39 governing body, as appropriate, of each county in this state 40 shall establish a citizen review board with the authority and 41 ability to independently investigate each law enforcement agency 42 within that county. 43 (4) Each citizen review board shall comply with all of the 44 following requirements: 45 (a) Be composed of at least 5 but not more than 15 46 individuals appointed by the county commission or other 47 governing body of the county, as appropriate. A member of the 48 board may not be a current employee of the state or county, or 49 of any subdivision of the county. 50 (b) Investigate all complaints relating to: 51 1. Use of force. This includes, but is not limited to, an 52 investigation into whether excessive force was used or whether 53 use of force was justified. 54 2. Abuse of authority. This includes, but is not limited 55 to, investigations to determine whether unauthorized or illegal 56 searches or seizures, inappropriate entry onto property, or 57 refusal to provide name and badge number occurred. 58 3. Discourtesy. This includes, but is not limited to, the 59 use of foul language, acting in a rude or unprofessional manner, 60 or the display of rude or offensive gestures. 61 4. Discriminatory language. This includes, but is not 62 limited to, the use of slurs based on race, religion, ethnicity, 63 sex, or gender. 64 (c) Create a standard form and a uniform process for the 65 submission of complaints. 66 (d) Create a uniform process or procedure for the 67 processing of complaints. 68 (e) Meet with the individual who submitted the complaint. 69 (f) Meet with the law enforcement officer against whom the 70 complaint was made. 71 (g) Meet with one or more witnesses, if any, to the event 72 that prompted the complaint. 73 (h) Prepare a report on the findings of the investigation. 74 (i) Submit the report and any recommendations to the county 75 commission or other governing body of the county, as 76 appropriate, and to the head of the law enforcement agency that 77 employs the law enforcement officer. 78 Section 3. This act shall take effect July 1, 2021.