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Civilian Oversight Boards Are Now Prohibited from Investigating Police Misconduct in Florida

April 15, 2024 | FlaglerLive | 11 Comments

desantis ban civilian oversight boards
Don’t get too close. (© FlaglerLive)

Gov. Ron DeSantis signed two bills last week that would prohibit civilian oversight boards from investigating police misconduct and stop people from getting too close to first responders doing their jobs.

The governor received both bills (HB 601 and SB 184) on Wednesday and held the signing ceremony on Friday in the St. Johns County Sheriff’s Office in St. Augustine. During the ceremony, DeSantis portrayed the bills as efforts to protect law enforcement officers from people who wanted to abuse them publicly.




“They’re not free to use law enforcement as political piñatas,” DeSantis said, referring to the civilian police oversight boards. “They’re not free to create false narratives. They’re not free to try to make it miserable to live or to work in uniform, and these things are highly political.”

In Florida, there are 21 such boards and half of them were formed since the protests over the murder of George Floyd in the summer of 2020, according to a 2022 report. The boards are in cities including Miami, Tallahassee, Orlando, and Tampa.

Under HB 601, which will go into effect on July 1, the boards won’t be able to investigate complaints against law enforcement officers or correctional officers. Instead, sheriffs or chiefs of police will have the power to appoint overnight boards composed of three to seven members.

Equal Ground, a social justice organization aimed at protecting the rights of Black Floridians, bashed DeSantis’ approval of the bill.




“By banning independent citizen review boards, Gov. Ron DeSantis and legislators in Tallahassee are once again taking away the freedom of countless Floridians, whose voices are being silenced and whose safety is now at risk,” wrote Genesis Robinson, interim executive director of the group, in a statement.

He continued: “We know that civilian review boards are often the last line of defense for Black people to hold rogue law enforcement officials accountable for misconduct. Disbanding police review boards contradicts the ongoing efforts to reform policing practices and address systemic issues within law enforcement.”

But DeSantis and the main sponsor of the bill, Republican Rep. Wyman Duggan of Duval County, insisted that the law wouldn’t abolish the boards and that they could still discuss law enforcement policies.

“What they cannot do is use them as a vehicle to persecute our law enforcement officers, which to many of these organizations is the only utility that they think that organization has. So, when you hear people saying that these boards and commissions are being prohibited or abolished, that’s not true,” Duggan said during the bill signing.

However, the oversight boards can’t subpoena witnesses and documents, and none have any actual disciplinary power.

Protest

During the legislative session, HB 601 prompted a protest from activists infuriated with the move to strip civilian oversight boards of their power, of which the activists said the boards had little to begin with.




The other bill DeSantis signed Friday prohibits people from getting within 25 feet of a first responder “engaged in the lawful performance of a legal duty” if the first responder has warned the person to stay away. The infraction would be a misdemeanor. SB184 also garnered backlash from groups such as the First Amendment Foundation, which called the bill blatantly unconstitutional in a statement Thursday.

“We appreciate the importance of protecting first responders but are concerned that the bill prevents citizens from going near or filming first responders within 25 feet if told not to approach,” the First Amendment Foundation wrote. “This bill would undermine citizen journalists and could allow for undocumented police misconduct.”

–Jackie LLanos, Florida Phoenix

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Reader Interactions

Comments

  1. Deborah Coffey says

    April 15, 2024 at 8:11 pm

    Isn’t anyone just sick and tired of these Fascists, racists, bigots and misogynists. It’s time for a big change in Florida. If we don’t hurry, the only people that might have a few rights left will be White men who are Christian Nationalists.

  2. Weldon Ryan says

    April 15, 2024 at 8:36 pm

    We’re back to Medieval days went the rich and elite get away with anything. We peasants better not complain or else. The other peasants will repoert you and have you flogged! Sad,sad, sad!

  3. Robjr says

    April 16, 2024 at 7:16 am

    Christian Nationalism is a euphemism for White Nationalism.

  4. Kennan says

    April 16, 2024 at 9:36 am

    Florida has alot of diversity! Great state. Beaches wildlife etc… Only problem is we seem to have Hillbillies running it. Thanks Ron Desantis, for being the bible thumping, Jesus weezing, ultra right wing, intellectually challenged,biased and politically motivated Roob you are!

  5. Steve says

    April 16, 2024 at 10:47 am

    “Instead, sheriffs or chiefs of police will have the power to appoint overnight boards composed of three to seven members.”
    Gee! I wonder how impartial and unbiased these picks will be? I find it ludicrous to think that they wouldn’t pick people to investogate them that wouldn’t find in favour of their actions. Independent review by members chosen by law enforcement and the private sector are the only way to truly determine if changes need to be made in law enforecement policies and actions. Yes bias is possible from both sides in these issues. But that is why both side need a seat at the table in order to reach a consesus.

  6. Endless Dark Money says

    April 16, 2024 at 12:59 pm

    haha republicons hate accountability. All interactions with police should be video taped because like george floyd if his friends didnt record it the police story to the public was grossly different than the video of the murder and only after public outrage was there any accountability. Just remember racist ron already banned protesting and formed his own hate police force so good luck in fascist florida where freedom goes to burn.

  7. Jim says

    April 16, 2024 at 2:44 pm

    I can see where civilian police boards could be a problem if you have someone who has an agenda against cops or is on a power trip or just likes to stir up people. I can see where that would be an irritant to police. That said, I’ve always understood the police motto to be “Serve and Protect”. I’ve read so many articles and have seen so many news reports of cops doing anything but that and there should be a method for the populace to publicize these incidents when they occur and expect some authority to do an honest investigation. We don’t get rid of the police force because a few cops don’t follow the law and we shouldn’t; that would be a huge overreaction. We should be able to have civilian oversight of the police available outside of the department where the issue occurred. I personally have a reasonable doubt about how “honest and open” an internal investigation of most police forces might be. As an example, the young man that the police stopped in Jacksonville and the police sergeant died after the arrest. That man spent around a year in jail on what I saw as clearly trumped up charges and if there was any internal investigation, it sure didn’t find any police did anything wrong. And there are many others.
    Lastly, it bothers me that the state believes that civilians have no place in the police behavior arena. We’re to “trust” the authorities and just accept that they are doing what is right – all the time. And this from our governor of the Sunshine State who has done everything he can to hide all his travel from his constituents. Just trust him…..

  8. Joe D says

    April 16, 2024 at 5:14 pm

    Are we SURPRISED the current government administration in Florida doesn’t think that citizens are smart or impartial enough to review questions about police behavior? If there is nothing to hide, there won’t be anything to FIND

    Of course, along with skirting the SPIRIT of the Florida Sunshine laws, that our Current Governor (and some Palm Coast and County elected officials) appear so intimidated by…open and accountable review of police behavior should NOT bring such FEAR. As with ANY review process, reviews can be POLITICIZED, but if the hearing is public (even if after the fact), there shouldn’t be a PUTATIVE nature to such a committee.

  9. Pogo says

    April 16, 2024 at 7:04 pm

    @FWIW

    To understand why this is poorly conceived policy and law: see Jim’s and others’ comments — and the substantial documented experience of many practitioners in the field, as well as abundant, and even well known research, e g.:

    As stated
    https://www.google.com/search?q=zimbardo+experiment

    Where it is a duty to worship the sun it is pretty sure to be a crime to examine the laws of heat.
    — John Morley

  10. Ban the GOP says

    April 18, 2024 at 10:11 am

    just away to keep their corruption from public and have resources to use if does get out. Kinda like trump on trial all the half wits he assigned to be judges then help in appeals court ect. .. its the entire reason rebuplicons stole the supreme court. So they could overturn decades long precedents in the middle of the night and avoid any accountability for their numerous crimes. This is todays GOP domestic terrorists hard at work.

  11. Laurel says

    April 18, 2024 at 4:05 pm

    DeSantis does seem to prefer the dark here in the Sunshine State.

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