Florida Senate - 2022 SB 1482 By Senator Bracy 11-01518-22 20221482__ 1 A bill to be entitled 2 An act relating to a statewide police misconduct 3 registry; creating s. 943.6873, 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 943.6873, Florida Statutes, is created 19 to read: 20 943.6873 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, 2023, and 34 maintain a statewide police misconduct registry. 35 (3) The registry must 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, 2024, 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 on its website in a 65 modern, open, electronic format the information, which must be 66 machine-readable and readily accessible by the public. The 67 published data must be searchable by data elements. 68 Section 2. This act shall take effect July 1, 2022.