A bill to improve transparency in the criminal justice system through better data has cleared the Florida House of Representatives, a major victory for reformers.

Championed by House Speaker Richard Corcoran, a Republican from Land O’Lakes, the bipartisan measure calls for the state to create a new searchable database that would allow the public to track criminal court decisions at every step.

Lawmakers and criminal justice experts hope the new legislation will address rampant racial disparities in sentencing outlined in reporting by the Sarasota Herald-Tribune.

“By identifying the strengths and weaknesses of our criminal justice system, we can ensure greater transparency for the public and accurate data for policymakers,” Corcoran, who is widely expected to run for governor, said in a statement. “This bill is a game-changer, and we hope the Senate will join us.”

The bill requires court clerks, prosecutors, public defenders, jail operators and the Department of Corrections to collect information on everything from arrests and bail to sentencing. Those agencies would then relay their records weekly to the Florida Department of Law Enforcement, which would publish the data on its website.

About $1.7 million would be allocated for the data effort, funding nine new staff positions at FDLE.

The measure comes after more than two years of reporting by the Herald-Tribune on racial biases in criminal sentencing.

Those investigations — “Bias on the bench” in 2016 and “One War. Two Races” last year — found that when defendants score the same number of points on their sentencing guidelines, indicating they should receive similar treatment, black offenders averaged far more time behind bars. Disparities are exacerbated with drug crimes.

The newspaper’s reporting also exposed a fractured recordkeeping system in Florida, raising concerns over the accuracy of criminal data now used by the state.

“As a former prosecutor, I know that our justice system must be better informed and that there are changes needed to create a more fair, accountable and transparent system,” House Judiciary Committee Chairman Chris Sprowls said in a statement.

“That paradigm shift should be rooted in the collection of quality data, which will help us to identify areas that not only need improvement, but areas that are working and can be replicated,” Sprowls said.

“This legislation would make Florida a model for effective, data-driven criminal justice and create the gold standard for the rest of the country.”

 

‘A high priority for the Florida House’

Along with bolstered data, the House measure also calls to digitize the criminal punishment code scoresheets. The form uses a point-scoring system to calculate sentence recommendations based on the severity of the crime and the defendant’s prior record.

The bill creates a pilot in the 6th Judicial Circuit of Pinellas and Pasco counties. The region would partner with a national, nonpartisan, not-for-profit organization that’s embedded within the courts to help comply with the new requirements.

“This year we are taking a deep dive into criminal justice reform,” said Sen. Jeff Brandes, R-St. Petersburg. “This lays the groundwork for what’s to come in the future. We’re looking to make an impact, and making sure we’re using funds in the most appropriate manner.”

A press conference announcing the bill’s passage in the House took a backseat Wednesday to protests and debate surrounding gun control and school safety. But given Corcoran’s support, Brandes and others are hopeful the criminal justice reform will navigate the Florida Senate next week. The two-month annual legislative session is scheduled to end March 9.

“The level of attention — and the Speaker’s presence — suggests this is a high priority for the Florida House of Representatives,” said Deborrah Brodsky, director of Florida State University’s Project on Accountable Justice. “And can you blame them?”

In the Senate, the data proposal has already cleared two committee hurdles. It was bundled by Brandes as an amendment Wednesday to a broader 96-page bill addressing other criminal justice reforms. The next stop is the Appropriations Committee. Sen. Rob Bradley, R-Orange Park, who chairs the committee, did not return calls by deadline Thursday.

The Senate has a more ambitious wish list than the House, with priorities that include mandatory minimums, raising the felony threshold and creating a corrections oversight council. Many, including Bradley, want to see sentencing reform included as part of the data package. But House leaders remain hesitant on that point.

“Real criminal justice reform involves sentencing reform,” Bradley tweeted in early February. “Existing data is clear on this point.”

With just two weeks remaining in the session, the proposal’s fate could come down to whether either side is willing to compromise.

“This is an opportunity for Florida to be a champion in something that’s sort of unheard of in criminal justice reform,” said Chelsea Murphy, Florida director for Right on Crime, a national campaign that supports conservative solutions for reducing crime. “Hopefully the Senate can get there.”