CITY COUNCIL AGENDA ITEM
Memo Date: April 16, 2024
Agenda Date: May 14, 2024
Prepared By: Anthony Garganese, City Attorney
Through:
Requested Action:
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Approve Resolution #2024-042 amending and restating the duties and responsibilities of the Cocoa Police Community Relations Advisory Board in support of recent changes in State law...End
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BACKGROUND:
The City Council established the Cocoa Police Community Relations Advisory Board (whose title was later changed by the City Council to the Cocoa Police Community Relations Advisory Board) (hereinafter "BOARD") in Resolution No. 2018-097. The Resolution was subsequently amended several times by Council.
On March 7, 2024, the Florida Legislature passed House Bill 601, which was signed into law by the Governor on April 12, 2024, as Laws of Florida Chapter 2024-86. Chapter 2024-86 amends Florida Statutes ? 112.533 to provide as follows:
(3) A political subdivision may not adopt or attempt to enforce any ordinance relating to either of the following:
(a) The receipt, processing, or investigation by any political subdivision of this state of complaints of misconduct by law enforcement or correctional officers, except as expressly provided in this section.
(b) Civilian oversight of law enforcement agencies' investigations of complaints of misconduct by law enforcement officers.
The amended ? 112.533 takes effect July 1, 2024.
The legislative history of House Bill 601 and text of the amended Florida Statutes ? 112.533 clarify that the intent of the amended law is to prevent civilian oversight agencies, such as Cocoa's BOARD, from receiving complaints of law enforcement misconduct and conducting their own independent investigations of misconduct; however, the newly amended law does not prevent civilian oversight agencies from reviewing investigatory materials from a police department's own internal misconduct investigations once those investigations have concluded; and
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