Title: Statewide Council on Prosecutorial Misconduct

Summary: Creating the Statewide Council on Prosecutorial Misconduct within the Department of Legal Affairs; stating the purpose of the council; providing for the council's membership, organization, support, and duties; requiring the council to submit an annual report to the Governor, the Legislature, and the Chief Justice of the Supreme Court, etc.

Full Text:
An act relating to the Statewide Council on Prosecutorial Misconduct; creating s. 16.71, F.S.; defining terms; creating the Statewide Council on Prosecutorial Misconduct within the Department of Legal Affairs; stating the purpose of the council; providing for the council s membership, organization, support, and duties; requiring the council to submit an annual report to the Governor, the Legislature, and the Chief Justice of the Supreme Court; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 16.71, Florida Statutes, is created to read: 16.7   Statewide Council on Prosecutorial Misconduct.  (1)   DEFINITIONS. As used in this section, the term: (a)    Prosecutor  means any state attorney or his or her designee or any assistant state attorney or special assistant state attorney. (b)    Prosecutorial misconduct  means a violation of applicable statutes or rules relating to the conduct of a prosecutor during the performance of the prosecutor s official duties. (2)   CREATION. There is created the Statewide Council on Prosecutorial Misconduct, a council as defined in s. 20.03, within the Department of Legal Affairs. The council is created for the purpose of providing recommendations and findings relating to prosecutorial misconduct to the Department of Lawyer Regulation within The Florida Bar and to the Chief Justice of the Supreme Court. Except as otherwise provided in this section, the council shall operate in a manner consistent with s. 20.052. (3)   MEMBERSHIP.  (a)   The council shall consist of: 1.   Four prosecutors, of which: a.   One is appointed by the Governor; b.   Two are appointed by the President of the Senate; and c.   One is appointed by the Speaker of the House of Representatives; 2.   Four public defenders or assistant public defenders, of which: a.   One is appointed by the Governor; b.   Two are appointed by the Speaker of the House of Representatives; and c.   One is appointed by the President of the Senate; 3.   A district court of appeal judge appointed by the Governor; and 4.   Two county or circuit court judges appointed by the Governor. (b)   Each member shall be appointed to a 4-year term. However, for the purpose of achieving staggered terms, the terms of the initial members appointed to the council are: 1.   Four years for members appointed by the Governor; 2.   Three years for members appointed by the President of the Senate; and 3.   Two years for members appointed by the Speaker of the House of Representatives. (c)   Any vacancy shall be filled in the same manner as the original appointment for the remainder of the unexpired term. (d)   The members of the council shall elect a chair every years, to serve for a 2-year term. As deemed appropriate, other officers may be elected by the members. (e)   If a council member is the subject of a complaint or an investigation, he or she is disqualified from participating in any proceedings with respect to that complaint or investigation. (4)   ORGANIZATION AND SUPPORT.  (a)   The council must meet at least quarterly. Additional meetings may be held when determined by the chair. Council meetings may be conducted by conference call, teleconferencing, or similar technology. (b)   Eight members constitute a quorum. (c)   The Department of Legal Affairs shall provide the council with the staff necessary to assist the council in the performance of its duties. (5)   DUTIES. The council shall: (a)   Review complaints submitted to the Department of Legal Affairs which allege that a prosecutor has engaged in prosecutorial misconduct. The department shall develop a form for submitting complaints. Any person may submit a complaint of prosecutorial misconduct to the Department of Legal Affairs. (b)   Investigate any credible reports of prosecutorial misconduct. (c)   At the completion of each investigation, create a written report of the council s findings and recommendations and submit the report to the Department of Lawyer Regulation within The Florida Bar and to the Chief Justice of the Supreme Court. (6)   REPORT. By January of each year, the council shall submit a report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court summarizing the council s recommendations and findings during the previous calendar year. Section 2. This act shall take effect July 1, 2021.