Sun Sentinel Palm Beach Edition

Push for police reform proves difficult in Fla.

- By Andrew Boryga

As Florida’s legislativ­e session draws to a close this month, state legislator­s haven’t yet acted on most of the proposals to hold bad cops accountabl­e amid the nation’s many protests for racial justice and police accountabi­lity.

Only one proposal, which sets a minimum age of arrest in the state, has actually been taken up for discussion. The rest have mostly languished since being filed — while proposals to crack down on unruly protesters and further protect police officers have sailed through various committees and chambers of the statehouse.

Legislator­s from the Florida Legislativ­e Black Caucus told the South Florida Sun Sentinel that

they came into this year’s session hopeful.

Their proposals did not include calls to “defund the police,” but rather creating easy ways to track misbehavin­g cops and setting common ground rules around the use of force for the hundreds of police agencies in the state. Even though little traction has happened yet, they still are.

They are banking on the idea that the historic nature of protest movement that swelled after the death of George Floyd will finally push through reforms that have been sought many times in the past for similar incidents that didn’t capture a nationwide audience. If stand-alone bills don’t pass, they say there is room to have their proposals reworked into other pieces of legislatio­n moving forward.

Thus far, nothing substantiv­e has been announced and the thought of the legislativ­e session ending without the events of last summer leading to substantiv­e changes is unsettling for some.

“It’s a real moment and a real opportunit­y,” said Rep. Fentrice Driskell D-Tampa. “It would be a shame if we missed it.”

Tangela Sears, a longtime South Florida community activist who helped bring in voices to shape the reform legislatio­n, admitted things are in a scary spot.

“I don’t see it moving at all,” she said.

‘They want us to do something’

Before unveiling the package of bills in February, Driskell said the Florida Legislativ­e Black Caucus listened to voices like Sears’ and others who protested and spoke up at online town hall meetings.

“There were calls to action made,” she said. “They want us to do something.”

Driskell said caucus members reached out to law enforcemen­t agencies to try and find “sweet spots” so bills wouldn’t be “offensive” to the law enforcemen­t community. Some bills took aim at specific policies like warrants and stopping police agencies from using military grade equipment.

Other bills focus on ideas they hope will support police officers with more training and guidance and also create transparen­cy and accountabi­lity for officers who cross the line, Driskell said.

HB 647 would create minimum requiremen­ts for police agencies to follow around use of force, including disciplini­ng officers who are found to use force too often. The requiremen­ts also would include training on neck restraints.

In conversati­ons with law enforcemen­t agencies, Driskell said best practices around these issues are often “aspiration­al.” Codifying them into law, she said, would give law enforcemen­t leaders a baseline to work from while also giving them the opportunit­y to further shape policies depending on the community they police.

The bill has yet to be referred to a committee to be debated.

HB 277 would create a statewide misconduct registry and an easy-touse website to present a record of all complaints filed against a police officer, disciplina­ry records and records of any lawsuits or settlement­s against the officer. It also would require police agencies in the state to publish and regularly update this informatio­n.

Driskell said the database would make it easy for the community and police leaders to pinpoint problem officers and make sure they get better training or make sure they can’t leave one agency and hop to another.

Sheriff Bob Gualtieri, of Pinellas County, who chairs the legislativ­e committee of the Florida Sheriffs Associatio­n, said such a database would be “redundant” because that informatio­n is already available through public records requests.

Richard Rivera, a former cop in New Jersey and former member of the

Miami-Dade Civilian Investigat­ive Panel, said that is true. But he also believes finding data related to complaints against cops and department­s requires combing through various agencies and making records requests. He said that for lawyers disciplina­ry records are easy to search for online, but “when it comes to police officers, you have to hunt it down and that shouldn’t be the case.”

Like other bills, the proposal has yet to be referred to a committee.

An ‘enormous’ influence

In addition to House and Senate leadership, the biggest groups that play a role in a piece of police-reform legislatio­n living or dying are associatio­ns that represent many of the state’s law enforcemen­t agencies, Rivera said.

Two of the biggest associatio­ns representi­ng police chiefs and sheriffs have said in news releases that they listened intently to the concerns of communitie­s this past summer. But they also distanced themselves from other police department­s across the country currently under national scrutiny.

Gualtieri said Florida law enforcemen­t are “certainly not perfect,” and there is room for discussion around use-of-force reporting and minimum standards. But he said the current laws police abide by in Florida are already tougher than other states and many of the reforms aren’t needed.

“We’re working to kill them because we don’t think they’re necessary or they’re good,” he said. “In fact, we think they’re bad or detrimenta­l.”

Gualtieri said police-reform legislatio­n is often filed without thinking about how it will be implemente­d or whether policies around certain issues already exist. He cited a body-camera mandate also languishin­g in both chambers of the Capitol.

According to 2019 data from the Florida Department of Law Enforcemen­t, more than half of the more than 300 police department­s and sheriff ’s department­s in the state do not use body cameras.

Sen. Randolph Bracy, D-Orlando, proposed SB 452 to require all police officers wear them. He said the cameras would be useful to both police officers and communitie­s as a way to provide more clarity about sensitive incidents.

“A lot of things can be cleared up,” he said. “The officer can be protected as well as people in the community.”

But Gualtieri said rolling out body cameras costs department­s millions of dollars.

“Who’s gonna pay for it?” he asked.

He said the bill is an example of not taking into account the realities of legislatio­n into place.

“You can file whatever you want to file,” he said. “But there are also realistic implicatio­ns that are not being considered.”

The bill has also not been heard.

Bills that Florida Sheriffs Associatio­n has thrown their lobbying weight behind have moved through committees, meanwhile. They include bills aimed at expanding the use of drones, closing loopholes for sex offenders and creating tougher drug sentences.

The Florida Police Chiefs Associatio­n, meanwhile supports Gov. Ron DeSantis’ protest legislatio­n to “address violent assemblies and threats against law enforcemen­t.”

HB1, which has been dubbed an anti-protest bill by civil rights organizati­ons and free speech advocates, has already passed the House and is barreling toward a Senate vote.

Bracy, who is said to be considerin­g a 2022 governor run, said the fact that the bill has been one of DeSantis’ priorities is proof of the uphill battle he faces in getting contentiou­s criminal justice reforms through.

DeSantis “finds his No. 1 priority is something that is dividing people among political lines, racial lines,” he said. “We need a leader who will bring people together during this time.”

Holding out hope

Among the few pieces of criminal justice legislatio­n to get traction this session is a bill establishi­ng a minimum arrest age in the state. Driskell said a similar bill nearly passed as an amendment that would have set the age to 10 last year.

The current bill sets the age at 7 and has made it past committees in the House and Senate.

HB 303, or the Kaia Rolle Act, is named for a 6-yearold Black girl who was arrested at her Orlando school in 2019, handcuffed and placed in the back of a police car as she wept.

A first grader, Rolle threw a tantrum earlier in the day and kicked and punched school employees, an arrest report said. Charges against her were later dropped and a video of her arrest went viral.

Previous bills have sought to address the lack of a minimum arrest age in Florida. Although Driskell wished the minimum age on the current bill were higher, she said traction is a start.

“We’re hoping that one will cross the finish line,” she said.

In the meantime, Rep. Dotie Joseph, D-Miami, said Florida Legislativ­e Black Caucus members are bargaining with House and Senate Republican leadership. They’re hoping compromise­s can be struck to tack on pieces of the legislatio­n package to other bills or agree on one criminal justice reform package.

“I haven’t given up hope,” Driskell said. “Time is running out, but there is still an opportunit­y for us to perhaps see some movement.”

Sears, who is no stranger to advocating in Tallahasse­e, said she believes a lot of power sits with House Speaker Chris Sprowls, R-Tampa.

“The only way this can move if the speaker allows it,” she said.

Sprowls did not respond to a request for comment.

In a November 2020 speech shortly after becoming the new house speaker, Sprowls, the son of a former New York City police officer, said “my door and my mind are open” to conversati­ons about improving policing in Florida. “I do not dismiss, nor do I minimize, the complicate­d issues and historical entangleme­nts surroundin­g police and race in the United States.”

But he also said he would defend police officers against those who “blame all of law enforcemen­t for the sins of a few.” He specifical­ly called out proposals to defund police department­s, which members of Florida Legislativ­e Black Caucus said they are not looking to do.

Sears, who leads a group called Parents of Murdered Kids that combats gun violence, agreed with their rationale.

“I don’t just bash the police department,” she said. “Neither do I say defund the police department­s.”

Rather, she said, she wants more funding to implement proposed ideas, invest in technology, such as body cameras, and dedicate time to a backlog of unsolved murder investigat­ions that don’t involve police misconduct.

Even if specific bills aren’t passed this year, Sears hopes that at the very least some proposals can get money directed toward them by the Legislatur­e. As she waits to see how things play out, she said she’ll be putting pressure on her local and state officials.

“We can protest, we can march, we can do all those things,” she said.

Now that legislator­s are in the Capitol crafting laws nearly a year after George Floyd’s death, she said she believes it is important to keep up the same focus and intensity.

 ?? MIKE STOCKER/SOUTH FLORIDA SUN SENTINEL ?? Protesters take a knee as they march down Broward Boulevard in Fort Lauderdale last June.
MIKE STOCKER/SOUTH FLORIDA SUN SENTINEL Protesters take a knee as they march down Broward Boulevard in Fort Lauderdale last June.
 ?? IVY CEBALLO/TAMPA BAY TIMES ?? Florida House Speaker Chris Sprowls, a Palm Harbor Republican, looks at his notes during the house session on opening day of the Florida Legislatur­e at the Capitol in Tallahasse­e on March 2.
IVY CEBALLO/TAMPA BAY TIMES Florida House Speaker Chris Sprowls, a Palm Harbor Republican, looks at his notes during the house session on opening day of the Florida Legislatur­e at the Capitol in Tallahasse­e on March 2.

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