1997 Florida Code
TITLE XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 943 Department Of Law Enforcement  
943.031   Florida Violent Crime Council.

943.031  Florida Violent Crime Council.--The Legislature finds that there is a need to develop and implement a statewide strategy to address violent criminal activity. In recognition of this need, the Florida Violent Crime Council is created within the department. The council shall serve in an advisory capacity to the department.

(1)  MEMBERSHIP.--The council shall consist of 12 members, as follows:

(a)  The Attorney General or a designate.

(b)  A designate of the executive director of the Department of Law Enforcement.

(c)  The secretary of the Department of Corrections or a designate.

(d)  The Secretary of Juvenile Justice or a designate.

(e)  The Commissioner of Education or a designate.

(f)  The president of the Florida Network of Victim/Witness Services, Inc., or a designate.

(g)  Six members appointed by the Governor, consisting of two sheriffs, two chiefs of police, one medical examiner, and one state attorney.

The Governor, when making appointments under this subsection, must take into consideration representation by geography, population, ethnicity, and other relevant factors to ensure that the membership of the council is representative of the state at large.

(2)  TERMS OF MEMBERSHIP; OFFICERS; COMPENSATION; STAFF.--

(a)  Members appointed by the Governor shall be appointed for terms of 2 years. The other members are standing members of the council. In no event shall a member serve beyond the time he or she ceases to hold the office or employment which was the basis for appointment to the council. In the event of a vacancy, an appointment to fill the vacancy shall be only for the unexpired term.

(b)  The Legislature finds that the council serves a legitimate state, county, and municipal purpose and that service on the council is consistent with a member's principal service in a public office or employment. Membership on the council does not disqualify a member from holding any other public office or being employed by a public entity, except that no member of the Legislature shall serve on the council.

(c)  The members of the council shall elect a chair and a vice chair every 2 years, to serve for a 2-year term. As deemed appropriate, other officers may be elected by the members.

(d)  Members of the council shall serve without compensation but are entitled to reimbursement for per diem and travel expenses pursuant to s. 112.061. Reimbursements made pursuant to this paragraph shall be paid from the Violent Crime Emergency Account within the Department of Law Enforcement Operating Trust Fund.

(e)  The department shall provide the council with staff necessary to assist the council in the performance of its duties.

(3)  MEETINGS.--The council must meet at least semiannually. Additional meetings may be held when deemed appropriate by the chair or a majority of the council members. A majority of the members of the council constitutes a quorum.

(4)  DUTIES OF COUNCIL.--The council shall provide advice and make recommendations, as necessary, to the executive director of the department.

(a)  The council may advise the executive director on the feasibility of undertaking initiatives which include, but are not limited to, the following:

1.  Establishing a program which provides grants to criminal justice agencies that develop and implement effective violent crime prevention and investigative programs. The grant program shall include an innovations grant program to provide startup funding for new initiatives by local and state law enforcement agencies to combat violent crime, including, but not limited to, initiatives such as:

a.  Provision of enhanced community-oriented policing.

b.  Provision of additional undercover officers and other investigative officers to assist with violent crime investigations in emergency situations.

2.  Creating a criminal justice research and behavioral science center. The center shall provide key support to local law enforcement agencies undertaking unique or emergency violent crime investigations, including the mobilization of special task forces to directly target violent crime in specific areas.

3.  Expanding the use of automated fingerprint identification systems at the state and local level.

4.  Identifying methods to prevent violent crime.

5.  Enhancing criminal justice training programs which address violent crime.

6.  Developing and promoting crime prevention services and educational programs that serve the public, including, but not limited to:

a.  Enhanced victim and witness counseling services that also provide crisis intervention, information referral, transportation, and emergency financial assistance.

b.  A well-publicized rewards program for the apprehension and conviction of criminals who perpetrate violent crimes.

7.  Enhancing information sharing and assistance in the criminal justice community by expanding the use of community partnerships and community policing programs. Such expansion may include the use of civilian employees or volunteers to relieve law enforcement officers of clerical work in order to enable the officers to concentrate on street visibility within the community.

(b)  Additionally, the council shall:

1.  Advise the executive director on the creation of regional violent crime investigation coordinating teams.

2.  Develop criteria for the disbursement of funds from the Violent Crime Emergency Account within the Department of Law Enforcement Operating Trust Fund.

3.  Review and approve all requests for disbursement of funds from the Violent Crime Emergency Account within the Department of Law Enforcement Operating Trust Fund. An expedited approval procedure shall be established for rapid disbursement of funds in emergency situations.

4.  Advise the executive director on the development of a statewide violent crime information system.

(5)  REPORTS.--The council shall report annually on its activities, on or before December 30 of each calendar year, to the executive director, the President of the Senate, the Speaker of the House of Representatives, and the chairs of the Committees on Criminal Justice in both chambers. The executive director must respond to the annual report and any other recommendations of the council in writing. All written responses must be forwarded to the council members, the President of the Senate, the Speaker of the House of Representatives, and the chairs of the Committees on Criminal Justice in both chambers.

(6)  VICTIM AND WITNESS PROTECTION REVIEW COMMITTEE.--

(a)  The Victim and Witness Protection Review Committee is created within the Florida Violent Crime Council, consisting of the statewide prosecutor or a state attorney, a sheriff, a chief of police, and the designee of the executive director of the Department of Law Enforcement. The committee shall be appointed from the membership of the council by the chair of the council after the chair has consulted with the executive director of the Department of Law Enforcement. Committee members shall meet in conjunction with the meetings of the council.

(b)  The committee shall:

1.  Develop criteria for disbursing funds to reimburse law enforcement agencies for costs associated with providing victim and witness protective or temporary relocation services.

2.  Review and approve or deny, in whole or in part, all reimbursement requests submitted by law enforcement agencies.

(c)  The lead law enforcement agency providing victim or witness protective or temporary relocation services pursuant to the provisions of s. 914.25 may submit a request for reimbursement to the Victim and Witness Protection Review Committee in a format approved by the committee. The lead law enforcement agency shall submit such reimbursement request on behalf of all law enforcement agencies that cooperated in providing protective or temporary relocation services related to a particular criminal investigation or prosecution. As part of the reimbursement request, the lead law enforcement agency must indicate how any reimbursement proceeds will be distributed among the agencies that provided protective or temporary relocation services.

(d)  The committee, in its discretion, may use funds available to the committee to provide all or partial reimbursement to the lead law enforcement agency for such costs, or may decline to provide any reimbursement.

(7)  CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL MEETINGS AND RECORDS.--

(a)

1.  The Legislature finds that during limited portions of the meetings of the Florida Violent Crime Council it is necessary that the council be presented with and discuss details, information, and documents related to active criminal investigations or matters constituting active criminal intelligence, as those concepts are defined by s. 119.011. These presentations and discussions are necessary for the council to make its funding decisions as required by the Legislature. The Legislature finds that to reveal the contents of documents containing active criminal investigative or intelligence information or to allow active criminal investigative or active criminal intelligence matters to be discussed in a meeting open to the public negatively impacts the ability of law enforcement agencies to efficiently continue their investigative or intelligence gathering activities. The Legislature finds that information coming before the council that pertains to active criminal investigations or intelligence should remain confidential and exempt from public disclosure. The Legislature finds that the Florida Violent Crime Council may, by declaring only those portions of council meetings in which active criminal investigative or active criminal intelligence information is to be presented or discussed closed to the public, assure an appropriate balance between the policy of this state that meetings be public and the policy of this state to facilitate efficient law enforcement efforts.

2.  The Legislature finds that it is a public necessity that portions of the meetings of the Florida Violent Crime Council be closed when the confidential details, information, and documents related to active criminal investigations or matters constituting active criminal intelligence are discussed. The Legislature further finds that it is no less a public necessity that portions of public records generated at closed council meetings, such as tape recordings, minutes, and notes, memorializing the discussions regarding such confidential details, information, and documents related to active criminal investigations or matters constituting active criminal intelligence, also shall be held confidential.

(b)  The Florida Violent Crime Council shall be considered a "criminal justice agency" within the definition of s. 119.011(4).

(c)

1.  The Florida Violent Crime Council may close portions of meetings during which the council will hear or discuss active criminal investigative information or active criminal intelligence information, and such portions of meetings shall be exempt from the provisions of s. 286.011 and s. 24(b), Art. I of the State Constitution, provided that the following conditions are met:

a.  The 1chair of the council shall advise the council at a public meeting that, in connection with the performance of a council duty, it is necessary that the council hear or discuss active criminal investigative information or active criminal intelligence information.

b.  The 2chair's declaration of necessity for closure and the specific reasons for such necessity shall be stated in writing in a document which shall be a public record and shall be filed with the official records of the council.

c.  The entire closed session shall be recorded. The recording shall include the times of commencement and termination of the closed session, all discussion and proceedings, and the names of all persons present. No portion of the session shall be off the record. Such recording shall be maintained by the council, and is exempt from the provisions of 3s. 119.011 and 4s. 24(b), Art. I of the State Constitution until such time as the criminal investigative information or criminal intelligence information which justifies closure ceases to be active, at which time the portion of the record related to the no longer active information or intelligence shall be open for public inspection and copying.

The exemption in this paragraph is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 and shall stand repealed on October 2, 2002, unless reviewed and saved from repeal through reenactment by the Legislature.

2.  Only members of the council, Department of Law Enforcement staff supporting the council's function, and other persons whose presence has been authorized by the council shall be allowed to attend the exempted portions of the council meetings. The council shall assure that any closure of its meetings as authorized by this section is limited so that the general policy of this state in favor of public meetings is maintained.

(d)  Those portions of any public record, such as a tape recording, minutes, and notes, generated during that portion of a Florida Violent Crime Council meeting which is closed to the public pursuant to this section, which contain information relating to active criminal investigations or matters constituting active criminal intelligence, are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such criminal investigative information or criminal intelligence information ceases to be active. The exemptions in this paragraph are subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 and shall stand repealed on October 2, 2002, unless reviewed and saved from repeal through reenactment by the Legislature.

History.--s. 1, ch. 93-204; s. 1, ch. 94-215; s. 2, ch. 95-161; s. 32, ch. 96-388; s. 2, ch. 97-52; s. 1, ch. 97-73; s. 1, ch. 97-302.

1Note.--Substituted by the editors for the word "chairman" to conform to the title provided in paragraph (2)(c).

2Note.--Substituted by the editors for the word "chairman's" to conform to the title provided in paragraph (2)(c).

3Note.--The reference appears to be erroneous; the correct reference may be to s. 119.07(1).

4Note.--The reference appears to be erroneous; the correct reference may be to s. 24(a), Art. I of the State Constitution.