Florida Senate - 2015                                    SB 1014
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-01071-15                                           20151014__
    1                        A bill to be entitled                      
    2         An act relating to shootings involving law enforcement
    3         officers; requiring each judicial circuit to create a
    4         local advisory panel; requiring the advisory panel to
    5         take specified actions; providing for advisory panel
    6         membership and terms; requiring the advisory panel to
    7         vote on whether to indict a law enforcement officer;
    8         requiring a state attorney to consider the decision of
    9         the advisory panel; requiring a state attorney to
   10         indict a law enforcement officer in certain
   11         circumstances; providing an expiration date; providing
   12         an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Advisory panel on shootings involving a law
   17  enforcement officer.—
   18         (1) Each judicial circuit shall create an advisory panel to
   19  be convened by the state attorney if a law enforcement officer
   20  is involved in a shooting and the law enforcement officer is not
   21  cleared of wrongdoing by an internal investigation or the law
   22  enforcement report has inconsistencies that require further
   23  investigation. The advisory panel shall review the facts of the
   24  case, the law enforcement report, and any other relevant
   25  information and provide a recommendation to the state attorney
   26  whether an indictment should be brought against the law
   27  enforcement officer. The chief judge of each judicial circuit
   28  shall appoint an advisory panel that consists of the following
   29  seven members:
   30         (a) One representative from the state attorney’s office.
   31         (b) One representative from the public defender’s office
   32  for that county.
   33         (c) One representative from a law enforcement agency for
   34  that municipality or county.
   35         (d) One local member of the clergy.
   36         (e) One local and licensed mental health expert.
   37         (f) One representative of the local school district.
   38         (g) One at-large citizen from the municipality or county
   39  where the shooting occurred.
   40         (2) A member shall serve a 1-year appointment, and a member
   41  may not serve consecutive appointments.
   42         (3) The advisory panel shall vote on whether to indict the
   43  law enforcement officer after its review. The state attorney
   44  shall consider the advisory panel’s decision in his or her
   45  determination of whether to pursue an indictment against the law
   46  enforcement officer. If the advisory panel reaches a unanimous
   47  decision that an indictment shall be brought against the law
   48  enforcement officer, the state attorney must indict the law
   49  enforcement officer unless the state attorney provides
   50  conclusive contradictory evidence.
   51         (4) This section expires on July 1, 2018.
   52         Section 2. This act shall take effect July 1, 2015.