Bill Summary – FastDemocracy

HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 833 Public Safety Programs
SPONSOR(S): Yarkosky and others
TIED BILLS:       IDEN./SIM. BILLS: SB 1708
  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF
  1) Local Administration, Federal Affairs & Special          13 Y, 4 N               Burgess            Darden
     Districts Subcommittee
  2) Judiciary Committee
  3) State Affairs Committee
                                                 SUMMARY ANALYSIS
Current law contains multiple provisions to ensure Floridians are not subject to discrimination on the basis of
race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. Sheriffs and municipal
law enforcement agencies are required to incorporate an antiracial or other anti-discriminatory profiling policy
into the sheriff’s policies and practices, utilizing the Florida Police Chiefs Association Model Policy as a guide.
Anti-profiling policies have to include the elements of definitions, traffic stop procedures, community education
and awareness efforts, and policies for the handling of complaints from the public.
The bill requires any public safety program established, created, funded, administered, or promoted by a sheriff
or municipal law enforcement agency that provides training to businesses and their employees on assisting
crime victims or reporting crimes to provide training on a broad range of victims and the common crimes
affecting persons, property, and businesses in the area. Requires signs or symbols that designate participation
in the training programs or designate safe locations under those programs to be inclusive of all people to
prevent the benefit of a limited group of people based on characteristics such as a person’s race, religion,
ethnicity, national origin, sexual orientation, or sex.
The bill does not appear to have a fiscal impact on state or local governments.
                                                        FULL ANALYSIS
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0833a.LFS
DATE: 1/25/2024
                                                   I. SUBSTANTIVE ANALYSIS
      A. EFFECT OF PROPOSED CHANGES:
          Present Situation
          Anti-Discrimination
          The Florida Civil Rights Act
          The Florida Civil Rights Act of 1992 (FCRA) secures for all individuals within the state freedom from
          discrimination because of race, color, religion, sex, pregnancy, national origin,1 age, handicap, or
          marital status.2 These protections are in place to safeguard each individual’s interest in personal
          dignity, making available to the state his or her full productive capacities. These protections also help to
          secure the state against domestic strife and unrest; preserve the public safety, health, and general
          welfare; and promote the interests, rights, and privileges of individuals within the state. 3 FCRA prohibits
          discrimination in places of public accommodation and unlawful employment practices.4
          Florida Educational Equity Act
          The Florida Educational Equity Act (FEEA) requires equal access to, and prohibits discrimination
          against, any student or employee of the state’s K-20 public education system on the basis of race,
          ethnicity, gender, national origin, disability, religion, or marital status. 5 No individual may, on such
          bases, be excluded from participation in, be denied the benefits of, or be subjected to discrimination
          under any public K-20 education program or activity, or in any employment conditions or practices,
          conducted by a public educational institution that receives or benefits from federal or state financial
          assistance.6 Additionally, the prohibition on discrimination extends to participation in any
          interscholastic, intercollegiate, club, or intermural athletics offered by a public K-20 educational
          institution, and no K-20 education institution may provide athletics separately on such basis, except as
          provided by law.7 Further, the FEEA expressly requires that any discrimination motivated by anti-
          Semitic 8 intent be treated in an identical manner to discrimination motivated by race. 9
          Anti-Discrimination by Sheriffs and Municipal Law Enforcement
          Sheriffs and municipal law enforcement are required to incorporate an antiracial or other anti-
          discriminatory profiling policy into the sheriff’s policies and practices, utilizing the Florida Police Chiefs
          Association Model Policy as a guide.10 Anti-profiling policies must include elements of definitions, traffic
          stop procedures, community education and awareness efforts, and policies for the handling of
          complaints from the public.
          Effect of Proposed Changes
1
  “National origin” includes ancestry. S. 760.02(5), F.S.
2 S. 760.01(2), F.S.
3 Id.
4   Ss. 760.08 and 760.10, F.S.
5
  S. 1000.05(2)(a), F.S.
6 Id. Students may be separated for permissible single gender programs, for portions of a class that deals with human reproduction, or
during participation in bodily contact sports. S. 1000.05(2)(d), F.S. All K-20 public education classes and guidance services must be
made available to students without regard to any of the bases described above. S. 1000.05(2)(c) and (e), F.S.
7 S. 1000.05(3)(a), F.S. Public K-20 educational institutions are authorized to maintain separate teams for members of each gender or
based on ability in certain circumstances. S. 1000.05(3)(b)-(c), F.S. It is the responsibility of the Board of Governors and the
Commissioner of Education to determine whether equal athletic opportunities are provided for both genders at state universities and in
school districts and Florida College Systems, respectively. S. 1000.05(3)(d), F.S.
8 For purposes of this section, the term “anti-Semitism” includes a certain perception of the Jewish people, which may be expressed as
hatred toward Jewish people, rhetorical and physical manifestations of anti -Semitism directed toward a person, his or her property, or
toward Jewish community institutions or religious facilities. S. 1005.05(7), F.S. The FEEA also lists examples of anti-Semitism. S.
1000.05(7)(a)-(b), F.S.
9 S. 1000.05(7), F.S.
10 Ss. 30.15(3) and 166.0493, F.S.
STORAGE NAME: h0833a.LFS                                                                                                        PAGE: 2
DATE: 1/25/2024
       The bill requires any public safety program established, created, funded, administered, or promoted by
       a sheriff or municipal law enforcement agency that provides training to businesses and their employees
       on assisting crime victims or reporting crimes to provide training on a broad range of victims and the
       common crimes affecting persons, property, and businesses in the area. Requires signs or symbols
       that designate participation in the training programs or designate safe locations under those programs
       to be inclusive of all people to prevent the benefit of a limited group of people based on characteristics
       such as a person’s race, religion, ethnicity, national origin, sexual orientation, or sex.
   B. SECTION DIRECTORY:
       Section 1:      Amends s. 30.15, F.S., concerning the powers, duties, and obligations of sheriffs.
       Section 2:      Amends s. 166.0493, F.S., concerning the powers, duties, and obligations of municipal
                       law enforcement.
       Section 3:      Provides an effective date of October 1, 2024.
                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
   A. FISCAL IMPACT ON STATE GOVERNMENT:
       1. Revenues:
           None.
       2. Expenditures:
           None.
   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
       1. Revenues:
           None.
       2. Expenditures:
           None.
   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.
   D. FISCAL COMMENTS:
       None.
                                               III. COMMENTS
   A. CONSTITUTIONAL ISSUES:
       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditures of funds; reduce the authority that counties or municipalities have
          to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.
       2. Other:
STORAGE NAME: h0833a.LFS                                                                                    PAGE: 3
DATE: 1/25/2024
           None.
   B. RULE-MAKING AUTHORITY:
       The bill neither authorizes nor requires rulemaking by executive branch agencies.
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.
                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   None.
STORAGE NAME: h0833a.LFS                                                                   PAGE: 4
DATE: 1/25/2024
Statutes affected: 
H 833 Filed: 30.15, 166.0493