Florida Senate - 2021                                     SB 836
       
       
        
       By Senator Jones
       
       
       
       
       
       35-00849-21                                            2021836__
    1                        A bill to be entitled                      
    2         An act relating to gun violence reduction; creating s.
    3         943.6872, F.S.; creating the Urban Core Gun Violence
    4         Task Force; requiring the task force to comply with
    5         specified requirements; providing for membership;
    6         providing for staff support; providing requirements
    7         for meetings; specifying duties and powers of the task
    8         force; authorizing the task force to seek assistance
    9         from state agencies; providing for access to certain
   10         information and records; requiring an initial report;
   11         authorizing annual reports; providing for repeal of
   12         the task force; creating s. 943.6873, F.S.; creating
   13         the Florida Firearm Violence Reduction Pilot Program;
   14         providing the purpose of the pilot program; defining
   15         terms; providing program eligibility and application
   16         requirements; authorizing the Department of Law
   17         Enforcement to provide grants to a specified number of
   18         counties to implement the pilot program, subject to
   19         appropriation; requiring the department to evaluate
   20         the effectiveness of the pilot program, submit an
   21         annual report to the Governor and Legislature, and
   22         publish the report on its website; authorizing the
   23         department to adopt rules; providing funding
   24         requirements; requiring each county participating in
   25         the pilot program to appoint a program steering
   26         committee to implement an evidence-based firearm
   27         violence reduction model and to submit an annual
   28         report to the department; providing requirements for
   29         the report; providing for expiration of the pilot
   30         program; providing an effective date.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 943.6872, Florida Statutes, is created
   35  to read:
   36         943.6872Urban Core Gun Violence Task Force.—
   37         (1)The Urban Core Gun Violence Task Force, a task force as
   38  defined in s. 20.03, is created within the Department of Law
   39  Enforcement. Except as otherwise provided in this section, the
   40  task force shall comply with the requirements of s. 20.052.
   41         (2)(a)The 10-member task force shall convene no later than
   42  September 1, 2021, and must be composed of two members appointed
   43  by each of the following: the President of the Senate, the
   44  Minority Leader of the Senate, the Speaker of the House of
   45  Representatives, the Minority Leader of the House of
   46  Representatives, and the Governor. Appointments must be made by
   47  August 1, 2021. The Governor shall appoint a chair from among
   48  the members. Members serve at the pleasure of the officer who
   49  appointed them. A vacancy on the task force must be filled in
   50  the same manner as the original appointment.
   51         (b)The General Counsel of the Department of Law
   52  Enforcement shall serve as the general counsel for the task
   53  force.
   54         (c)The chair shall assign staff from the Department of Law
   55  Enforcement and the Department of Juvenile Justice to assist the
   56  task force in performing its duties.
   57         (d)The task force shall meet quarterly or at the call of
   58  the chair, as necessary to conduct its work, at a time and
   59  location in this state designated by the chair. The task force
   60  may not conduct its meetings through teleconferences or other
   61  similar means.
   62         (3)The task force shall investigate system failures and
   63  the causes of high crime rates and gun violence incidents in
   64  urban core neighborhoods and communities. In addition, the task
   65  force shall develop recommendations for solutions, programs,
   66  services, and strategies for improved interagency communications
   67  between local and state government agencies which will help
   68  facilitate the reduction of crime and gun violence in urban core
   69  neighborhoods and communities.
   70         (4)The task force may call upon appropriate state
   71  government agencies for such professional assistance as may be
   72  needed in the discharge of its duties, and such agencies shall
   73  provide such assistance in a timely manner.
   74         (5)Notwithstanding any other law to the contrary, the task
   75  force may request and shall be provided with access to any
   76  information or records that pertain to crime and gun violence
   77  incidents in this state’s urban core neighborhoods and
   78  communities. Information or records obtained by the task force
   79  which are otherwise exempt or confidential and exempt shall
   80  retain such exempt or confidential and exempt status, and the
   81  task force may not disclose any such information or records.
   82         (6)The task force shall submit an initial report on its
   83  findings and recommendations to the Governor, the President of
   84  the Senate, and the Speaker of the House of Representatives by
   85  January 1, 2022, and may issue reports annually thereafter.
   86         (7)This section is repealed on June 30, 2024.
   87         Section 2. Section 943.6873, Florida Statutes, is created
   88  to read:
   89         943.6873Florida Firearm Violence Reduction Pilot Program.
   90         (1)CREATION.Beginning July 1, 2021, the Florida Firearm
   91  Violence Reduction Pilot Program is created within the
   92  department for a period of 3 years. The purpose of the pilot
   93  program is to improve public health and safety by supporting
   94  evidence-based firearm violence reduction models in counties
   95  that are disproportionately impacted by firearm violence.
   96         (2)DEFINITIONS.As used in this section, the term:
   97         (a)“Disproportionately impacted by firearm violence” means
   98  the county experienced 20 or more firearm-related homicides per
   99  calendar year during at least 2 of the 3 calendar years
  100  immediately preceding the application, or the county experienced
  101  at least 10 firearm-related homicides per calendar year and had
  102  a homicide rate that was at least 50 percent higher than the
  103  statewide homicide rate during at least 2 of the 3 calendar
  104  years immediately preceding the application.
  105         (b)“Evidence-based firearm violence reduction model” means
  106  a program, proven through empirical evidence, to reduce firearm
  107  violence through focused deterrence or recidivism reduction
  108  strategies.
  109         (c)“Program implementation organization” means an
  110  organization with experience implementing an evidence-based
  111  firearm violence reduction model including providing training,
  112  collecting and analyzing data, and conducting program
  113  evaluations.
  114         (3)ELIGIBILITY REQUIREMENTS; APPLICATIONS.To be eligible
  115  to participate in the pilot program, a county must submit an
  116  application in a form prescribed by the department by October 1,
  117  2021. At a minimum, the application must include:
  118         (a)A statement and any empirical evidence indicating that
  119  the county is disproportionately impacted by firearm violence or
  120  otherwise demonstrating the county’s compelling need for
  121  additional resources to address the impact of firearm violence.
  122         (b)A statement of the estimated fiscal impact of firearm
  123  violence in the county including the costs incurred by the
  124  county investigating, prosecuting, incarcerating, and treating
  125  individuals related to firearm violence in the 3 calendar years
  126  immediately preceding the application.
  127         (c)A description of the evidence-based firearm violence
  128  reduction model the county will implement during the pilot
  129  program. A county must implement one of the following evidence
  130  based firearm violence reduction models: the Group Violence
  131  Intervention program, the Cure Violence program, or a hospital
  132  based violence intervention program.
  133         (d)A statement identifying a program implementation
  134  organization the county will consult to implement the evidence
  135  based firearm violence reduction model and a description of the
  136  organization’s experience implementing such programs.
  137         (e)A description of any public or private organization the
  138  county intends to collaborate with to provide services. Such
  139  organizations may include faith-based service groups that offer
  140  community support services including, but not limited to,
  141  substance abuse counseling, mental health counseling, housing
  142  support programs, and employment support programs.
  143         (f)A description of the criteria the county will use to
  144  identify eligible participants. A participant must be an
  145  individual who has been identified as being at a high risk for
  146  becoming a victim or perpetrator of firearm violence.
  147         (g)A statement describing how the county proposes to
  148  coordinate the evidence-based firearm violence reduction model
  149  and any existing violence prevention and intervention programs
  150  operating in the county to minimize duplication of services.
  151         (4)DEPARTMENT DUTIES.—
  152         (a)The department shall develop and make available an
  153  application form to be used by counties seeking to participate
  154  in the pilot program.
  155         (b)Subject to an appropriation in the General
  156  Appropriations Act, the department shall use program funds to
  157  provide grants for up to six counties to implement the pilot
  158  program. Each county must meet the eligibility and application
  159  requirements provided in subsection (3). The department may
  160  develop other needs-based criteria for pilot program selection
  161  and to determine the appropriate grant amount to award to each
  162  county based on such needs-based criteria.
  163         (c)The department shall evaluate the effectiveness of the
  164  pilot program by measuring firearm violence reduction in the
  165  participating counties. The department shall compile the
  166  information required under subsection (5), and by June 30, 2023,
  167  and each June 30 thereafter, submit a report to the Governor,
  168  the President of the Senate, and the Speaker of the House of
  169  Representatives on the impact of the pilot program. The
  170  department shall publish the report on its website.
  171         (d)The department may adopt rules to administer this
  172  section.
  173         (5)DUTIES OF PARTICIPATING COUNTIES.
  174         (a)Each county participating in the pilot program must
  175  contribute $1 for every $1 requested from the department. All
  176  funds, whether provided by the county or by the department, must
  177  be used to implement the pilot program.
  178         (b)Each county participating in the pilot program shall
  179  appoint a program steering committee which must, at a minimum,
  180  include one representative from each law enforcement agency
  181  located in the county. The program steering committee shall
  182  collaborate with a program implementation organization to
  183  implement an appropriate evidence-based firearm violence
  184  reduction model.
  185         (c)To maintain its eligibility for participation in the
  186  pilot program, a county must report to the department by January
  187  1, 2023, and each January 1 thereafter, in a format prescribed
  188  by the department, the following information:
  189         1.A description of the evidence-based firearm violence
  190  reduction model utilized.
  191         2.A description of program strategies used to attract and
  192  retain participants.
  193         3.A description of the type and quantity of services
  194  provided to participants.
  195         4.The total number of participants served and the
  196  demographic characteristics of participants.
  197         5.A description of how the services provided improved
  198  participant outcomes, including, but not limited to:
  199         a.Any change in participants’ employment status or
  200  educational attainment level.
  201         b.Any change in the frequency of arrests experienced by
  202  participants.
  203         c.Any change in the frequency of victimizations
  204  experienced by participants.
  205         6.Any change in the frequency or severity of firearm
  206  violence experienced by the county, including any increase or
  207  reduction in the number of:
  208         a.Firearm-related arrests.
  209         b.Firearm-related injuries.
  210         c.Other firearm-related law enforcement calls for service.
  211         7.The period for which the data submitted was collected,
  212  aggregated, and analyzed.
  213         (6)EXPIRATION.This section expires June 30, 2024.
  214         Section 3. This act shall take effect July 1, 2021.