Florida Senate - 2021                                     SB 480
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00079-21                                            2021480__
    1                        A bill to be entitled                      
    2         An act relating to a statewide police misconduct
    3         registry; creating s. 943.6872, F.S.; defining the
    4         term “discriminatory profiling”; requiring the
    5         Department of Law Enforcement to establish by a
    6         certain date and maintain a statewide police
    7         misconduct registry; specifying information that the
    8         registry must contain on all state and local law
    9         enforcement officers; requiring the head of each state
   10         and local law enforcement agency to periodically
   11         submit specified information to the department
   12         beginning on a specified date; requiring the
   13         department to publish the information on its website
   14         by a specified date; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 943.6872, Florida Statutes, is created
   19  to read:
   20         943.6872 Statewide police misconduct registry.—
   21         (1) As used in this section, the term “discriminatory
   22  profiling” means the practice of a law enforcement officer or a
   23  law enforcement agency relying, to any degree, on actual or
   24  perceived race, ethnicity, national origin, religion, gender,
   25  gender identity, or sexual orientation in selecting which
   26  individual to subject to a routine or spontaneous investigatory
   27  procedure or in deciding upon the scope and substance of law
   28  enforcement activity following the initial investigatory
   29  procedure, except when there is reliable information relevant to
   30  the locality and timeframe which links a person having such
   31  actual or perceived characteristic to an identified criminal
   32  incident or scheme.
   33         (2) The department shall establish by June 30, 2022, and
   34  maintain a statewide police misconduct registry.
   35         (3) The registry shall contain all of the following
   36  information with respect to all state and local law enforcement
   37  officers:
   38         (a) Each complaint filed against a law enforcement officer,
   39  aggregated by all of the following and disaggregated by whether
   40  the complaint involved a use of force or discriminatory
   41  profiling:
   42         1. Complaints that were found to be credible or that
   43  resulted in disciplinary action against the law enforcement
   44  officer; and
   45         2. Complaints for which the law enforcement officer was
   46  exonerated or which were determined to be unfounded or not
   47  sustained.
   48         (b) Disciplinary records, disaggregated by whether the
   49  complaint involved a use of force or discriminatory profiling.
   50         (c) Termination records and the reason for each
   51  termination, disaggregated by whether a complaint involved a use
   52  of force or discriminatory profiling.
   53         (d) Records of lawsuits against law enforcement officers
   54  and settlements of such lawsuits.
   55         (e) Instances in which a law enforcement officer resigned
   56  or retired while under active investigation related to a use of
   57  force.
   58         (4) Beginning January 2, 2023, and every 3 months
   59  thereafter:
   60         (a) The head of each state and local law enforcement
   61  agency, including the executive director of the department,
   62  shall submit to the department for inclusion in the registry the
   63  information described in subsection (3); and
   64         (b) The department shall publish the information on its
   65  website in a modern, open, electronic format which is machine
   66  readable and readily accessible by the public. The published
   67  data must be searchable by data elements.
   68         Section 2. This act shall take effect July 1, 2021.