Bill Text: FL S0592 | 2018 | Regular Session | Introduced
Bill Title: Law Enforcement Practices
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-03-10 - Died in Criminal Justice [S0592 Detail]
Download: Florida-2018-S0592-Introduced.html
Florida Senate - 2018 SB 592 By Senator Bracy 11-00776-18 2018592__ 1 A bill to be entitled 2 An act relating to law enforcement practices; creating 3 s. 316.651, F.S.; requiring a law enforcement officer 4 or traffic enforcement officer who issues a traffic 5 citation during a traffic stop to record certain 6 information on the citation; requiring law enforcement 7 agencies to provide such information to the Department 8 of Highway Safety and Motor Vehicles; requiring the 9 department to report such information to the Governor 10 and Legislature and make such information available on 11 its website; amending s. 316.614, F.S.; conforming 12 provisions to changes made by the act; creating s. 13 943.1714, F.S.; defining the term “racial profiling”; 14 prohibiting a law enforcement officer from engaging in 15 racial profiling in the performance of official 16 duties; requiring law enforcement agencies to adopt 17 policies to prohibit racial profiling; providing an 18 effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Section 316.651, Florida Statutes, is created to 23 read: 24 316.651 Information recorded on traffic citation; reports. 25 A law enforcement officer as defined in s. 943.10 or other 26 traffic enforcement officer who conducts a traffic stop and 27 issues a traffic citation as prescribed by s. 316.650 must 28 record on the citation the race of the person to whom the 29 citation is issued. Each law enforcement agency in this state 30 must maintain such information and must provide such information 31 to the department in a form and manner determined by the 32 department. The department shall collect such information by 33 jurisdiction and shall submit an annual report to the Governor, 34 the President of the Senate, and the Speaker of the House of 35 Representatives which shows separate statewide totals for the 36 state’s county sheriffs and municipal law enforcement agencies, 37 state law enforcement agencies, and state university law 38 enforcement agencies. The department shall make the report 39 available on its website each year. 40 Section 2. Subsection (9) of section 316.614, Florida 41 Statutes, is amended to read: 42 316.614 Safety belt usage.— 43(9)By January 1, 2006, each law enforcement agency in this44state shall adopt departmental policies to prohibit the practice45of racial profiling. When a law enforcement officer issues a46citation for a violation of this section, the law enforcement47officer must record the race and ethnicity of the violator. All48law enforcement agencies must maintain such information and49forward the information to the department in a form and manner50determined by the department. The department shall collect this51information by jurisdiction and annually report the data to the52Governor, the President of the Senate, and the Speaker of the53House of Representatives. The report must show separate54statewide totals for the state’s county sheriffs and municipal55law enforcement agencies, state law enforcement agencies, and56state university law enforcement agencies.57 Section 3. Section 943.1714, Florida Statutes, is created 58 to read: 59 943.1714 Racial profiling prohibited.— 60 (1) As used in this section, the term “racial profiling” 61 means determining probable cause for and carrying out the 62 detention, interdiction, or other disparate treatment of a 63 person based solely on the person’s race or ethnicity. 64 (2) A law enforcement officer may not engage in racial 65 profiling in the performance of his or her official duties, 66 including, but not limited to, conducting a traffic stop, making 67 a physical arrest, or taking a person into custody. 68 (3) Each law enforcement agency in this state shall adopt 69 departmental policies to prohibit the practice of racial 70 profiling. 71 Section 4. This act shall take effect January 1, 2019.