Florida poised to bar citizen oversight boards from probing police misconduct

ORLANDO, Fla. — Florida lawmakers are poised to bar civilian police oversight boards in Orlando and elsewhere in the Sunshine State from investigating complaints of officer misconduct.

The change will remove a vital layer of review that helps to build community trust in law enforcement, said Caila Coleman, a former member of Orlando’s board.

“Whoever offered this bill wants people to forget what happened to George Floyd,” said Coleman, who served on the board from 2016-2021. “Now you are trying to get rid of the transparency of the police department. That does nothing but cause mistrust with citizens. What are you trying to hide?”

But critics of oversight boards say civilians lack the training to evaluate an officer’s split-second decisions, and multiple agencies from internal affairs departments to state attorneys already scrutinize the police.

A member of Tallahassee’s review board sparked concerns among law enforcement groups when she attended a meeting with a cup that had an “abolish police” sticker on it.

“Imagine being a doctor and being evaluated on the conduct of your care by someone who has no idea what your own community standard might be,” state Rep. Danny Alvarez, R-Hillsborough County, said during a House floor debate. “They have no idea what it’s like to commit a surgery.”

The Florida Senate approved the review board overhaul Friday in a 32-0 vote. It needs a final vote by the Florida House to head to Gov. Ron DeSantis for his signature.

Orlando’s oversight board reviews internal affairs investigations and makes recommendations. Board members can concur with the findings, disapprove or ask for more investigation. Coleman, who served as chair and vice chair, said she and her colleagues used those powers to create a policy that officers carry spare batteries for their body cameras.

“You have to investigate what was done wrong in order to change the policy,” said Coleman, an attorney who now lives in Atlanta. “Otherwise, what are we doing?”

While Orlando’s board can make suggestions, it has no subpoena power to gather evidence or authority to issue binding edicts to the police department, Coleman said. Elsewhere in the United States, review boards have more power. For instance, the New York City Civilian Complaint Review Board has subpoena power and a staff of civilian employees who conduct investigations.

Some civilian review boards have been in place for decades, but the country saw a surge of new ones after the 2020 police killing of George Floyd in Minneapolis, according to a study by the University of Chicago. Orlando created its board in 1992 in the aftermath of the Los Angeles riots sparked by the police beating of Rodney King.

Florida’s proposal (HB 601) specifies that civilian review boards cannot engage in “the receipt, processing, or investigation … of complaints of misconduct by law enforcement or correctional officers.” It allows a police chief or sheriff to establish a civilian oversight board to review policies and procedures, provided at least three members and up to seven are appointed by the agency’s leader.

Florida has 21 civilian police oversight boards, according to the LeRoy Collins Institute, a nonpartisan policy organization at Florida State University. The other Central Florida cities on the list are Kissimmee and Ocoee.

Steve Zona, president of the Florida State Fraternal Order of Police, said he thinks civilian review boards have become biased and politicized. The union backs the bill.

“The civilian review boards have a tendency to operate based on politics, emotions and agenda and not facts and evidence,” he said.

As an example, he pointed to the Tallahassee board member with the controversial “abolish police” sticker on her cup.

In response to a police backlash, the Tallahassee City Commission voted 3-2 in 2022 to oust the member Taylor Biro from the review board, according to the Tallahassee Democrat.

Even with the changes, the community will still be able to read internal affairs investigations, which are public records once they are closed, and participate in city and county meetings to advocate for policy changes, Zona said.

Florida’s civilian review boards have different policies and procedures. Orlando’s nine-person board is appointed by the mayor and confirmed by the City Council. Members serve without pay.

The board examines the use of deadly force, allegations of excessive force, police actions that result in death or serious injury, complaints from the mayor or city commissioners, and any other complaint a majority of the board selects to review. The board is also charged with reviewing department policies, including those about the use of force.

Orlando’s legislative delegation is expressing concerns about the proposed changes to the city’s review board, spokeswoman Cassandra Bell said in a prepared statement.

“As a city, we believe that local governments know best how to meet the needs of our communities, residents and businesses,” said Bell, press secretary for Mayor Buddy Dyer.

The review board for the Orange County Sheriff’s Office is more limited in its powers. The sheriff may refer individual cases, but they must be of “concern to the public,” according to the agency’s procedures. The board’s mandate stipulates that the committee is not responsible for investigating the case or determining fault. Instead, members must evaluate how the case “poses an opportunity for learning and constructive change.”

That board’s nine unpaid members are appointed by the sheriff. The county mayor and commissioners, as well as the collective bargaining union, can submit nominees for the board.

Some groups want to see civilian review boards strengthened. Instead of weakening the boards, they should be given subpoena power so they can obtain documents and call people in to testify, said NR Hines, a policy strategist with the ACLU of Florida.

“It’s invalidating the work local communities are doing in increasing trust between residents and law enforcement. … Law-abiding officers have no reason to fear a civilian review board. They are there to be impartial,” Hines said.

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