Florida Senate - 2021                                    SB 1970
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-01746A-21                                          20211970__
    1                        A bill to be entitled                      
    2         An act relating to law enforcement reform; amending s.
    3         943.10, F.S.; defining terms; amending s. 943.12,
    4         F.S.; requiring the Criminal Justice Standards and
    5         Training Commission to adopt rules prohibiting law
    6         enforcement officers, correctional officers, or
    7         correctional probation officers from using specified
    8         techniques; providing an exception; requiring the
    9         commission to adopt rules requiring employing agencies
   10         to report information related to the use of such
   11         techniques; requiring that the commission review
   12         certain officers who use the prohibited techniques;
   13         requiring the commission to provide specified data
   14         regarding final commission orders to the National
   15         Decertification Index; creating s. 943.121, F.S.;
   16         requiring the commission to establish and maintain
   17         standards for the instruction of officers in specified
   18         subjects in order to build upon and improve police
   19         community relations; providing minimum required
   20         standards for deescalation training; amending s.
   21         943.125, F.S.; revising the minimum aspects of law
   22         enforcement that the law enforcement accreditation
   23         program must address; providing minimum required
   24         standards for deescalation training; requiring that by
   25         a specified date the Office of the Attorney General
   26         provide certain guidance to law enforcement agencies;
   27         requiring that by a specified date each law
   28         enforcement agency adopt a certain policy; requiring
   29         the commission to create and publish on its website a
   30         model written policy; requiring the Office of the
   31         Attorney General to collect certain data and submit an
   32         annual report; amending s. 943.1715, F.S.; requiring
   33         every basic skills course required for officers to
   34         obtain initial certification to include a minimum
   35         number of hours of deescalation training; amending s.
   36         943.1716, F.S.; requiring the commission to adopt
   37         rules requiring that every officer receive a minimum
   38         number of hours of deescalation training; providing an
   39         effective date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Subsections (23) through (27) are added to
   44  section 943.10, Florida Statutes, to read:
   45         943.10 Definitions; ss. 943.085-943.255.—The following
   46  words and phrases as used in ss. 943.085-943.255 are defined as
   47  follows:
   48         (23) “Deescalation technique” means a method or methods for
   49  assessing and managing a situation in order to resolve it with
   50  the least response to resistance which is safe and practicable
   51  by a law enforcement officer.
   52         (24) “Implicit bias training” means a program designed to
   53  go beyond producing fair and impartial enforcement of the law by
   54  bringing awareness to or increasing awareness of, and improving
   55  response strategies to, unconscious bias towards diverse
   56  communities. Such training should allow law enforcement to serve
   57  the community with a deeper understanding of the diversities
   58  within the community, thereby mitigating community tension and
   59  improving police-community relations.
   60         (25) “Intervene” means to stop the use of excessive or
   61  unnecessary force.
   62         (26) “Procedural justice training” means a system of law
   63  enforcement that prioritizes obtaining citizen compliance with
   64  law enforcement direction through fair and respectful two-way
   65  communication and, where possible and safe, provides explanation
   66  of the rationale behind directions given by law enforcement
   67  officers to build trust. This training allows for both community
   68  and police to be treated with respect and dignity, thereby
   69  cultivating stronger police-community relations.
   70         (27) “Reaction gap” means the minimum amount of distance
   71  necessary to ensure that a law enforcement officer will have
   72  time to be able to react appropriately to a potential threat.
   73         Section 2. Present subsection (17) of section 943.12,
   74  Florida Statutes, is redesignated as subsection (18), and a new
   75  subsection (17) and subsection (19) are added to that section,
   76  to read:
   77         943.12 Powers, duties, and functions of the commission.—The
   78  commission shall:
   79         (17) Adopt rules prohibiting any law enforcement officer,
   80  correctional officer, or correctional probation officer from
   81  using any technique that requires the application of pressure to
   82  the neck, throat, esophagus, trachea, or carotid arteries
   83  alongside the trachea. The use of such a technique by a law
   84  enforcement officer, correctional officer, or correctional
   85  probation officer is prohibited unless deadly force is
   86  authorized under the law. The commission shall adopt rules
   87  requiring employing agencies to report to the commission any use
   88  of such technique by a law enforcement officer, correctional
   89  officer, or correctional probation officer employed by that
   90  agency. The commission shall review any law enforcement officer,
   91  correctional officer, or correctional probation officer who uses
   92  such a technique when deadly force is not authorized under the
   93  law.
   94         (19)Provide data to the National Decertification Index on
   95  final commission orders regarding decertifications, criminal
   96  convictions for on-duty conduct, and disciplinary measures
   97  against law enforcement officers, correctional officers, or
   98  correctional probation officers.
   99         Section 3. Section 943.121, Florida Statutes, is created to
  100  read:
  101         943.121 Commission standards for instruction of officers in
  102  certain subjects.—
  103         (1)The commission shall establish and maintain standards
  104  for instruction of officers in the subjects of deescalation
  105  techniques, procedural justice training, implicit bias training,
  106  and the duty to intervene if another officer uses excessive or
  107  unnecessary force in order to build upon and improve police
  108  community relations.
  109         (2)The minimum standards for deescalation training must
  110  include all of the following:
  111         (a)Training on verbal and physical tactics that would help
  112  avoid a physical response to resistance with an emphasis on
  113  communication, negotiation, deescalation techniques, creating
  114  and maintaining a reaction gap, and obtaining the time needed to
  115  resolve the incident safely for each individual involved.
  116         (b)Training officers simultaneously and in teams on
  117  deescalation and appropriate responses to resistance to improve
  118  group dynamics and diminish excessive responses to resistance
  119  while managing critical incidents.
  120         (c)Training that intentional chokeholds must never be
  121  used, except in deadly force situations.
  122         (d)Training on the principles of using distance, cover,
  123  and time when approaching and managing critical incidents, and
  124  the elimination of other techniques in favor of using distance
  125  and cover to create and sustain a reaction gap.
  126         (e)Training on the use of the lowest response to
  127  resistance which is a possible and safe response to an
  128  identified threat.
  129         (f)Training on the reevaluation of an identified threat as
  130  the management of the critical incident progresses.
  131         (g)Training on procedural justice training.
  132         (h)Training on crisis intervention strategies to
  133  appropriately identify and respond to individuals suffering from
  134  physical or mental disabilities, mental health issues, or
  135  substance abuse issues with an emphasis on deescalation
  136  techniques and promoting effective communication with such
  137  individuals.
  138         (i)Training on techniques that provide all officers with
  139  awareness and recognition of an individual’s physical and mental
  140  disabilities, mental health issues, and substance abuse issues
  141  with an emphasis on communication strategies.
  142         (j)Training on other evidence-based approaches found to be
  143  appropriate by the commission which enhance deescalation
  144  techniques and skills.
  145         (k)Training on implicit bias.
  146         Section 4. Section 943.125, Florida Statutes, is amended to
  147  read:
  148         943.125 Accreditation of state and local law enforcement
  149  agencies, correctional facilities, public agency offices of
  150  inspectors general, and certain pretrial diversion programs;
  151  intent.—
  152         (1) It is the intent of the Legislature that law
  153  enforcement agencies, correctional facilities, public agency
  154  offices of inspectors general, and those agencies offering
  155  pretrial diversion programs within offices of the state
  156  attorneys, county government, or sheriff’s offices in the state
  157  be upgraded and strengthened through the adoption of meaningful
  158  standards of operation for those agencies and their functions.
  159         (2) It is the further intent of the Legislature that these
  160  agencies voluntarily adopt standards designed to promote
  161  enhanced professionalism:
  162         (a) For law enforcement, to maximize the capability of law
  163  enforcement agencies to enforce the law and prevent and control
  164  criminal activities.
  165         (b) For correctional facilities, to maintain best practices
  166  for the care, custody, and control of inmates.
  167         (c) Within public agency offices of inspector general, to
  168  promote more effective scrutiny of public agency operations and
  169  greater accountability of those serving in those agencies.
  170         (d) In the operation and management of pretrial diversion
  171  programs offered by and through the state attorney’s offices,
  172  county government, or sheriff’s offices.
  173         (3) The Legislature also intends to encourage the
  174  continuation of a voluntary state accreditation program to
  175  facilitate the enhanced professionalism identified in subsection
  176  (2). Other than the staff support by the department as
  177  authorized in subsection (10) (5), the accreditation program
  178  must be independent of any law enforcement agency, the
  179  Department of Corrections, the Florida Sheriffs Association, or
  180  the Florida Police Chiefs Association.
  181         (4) The law enforcement accreditation program must address,
  182  at a minimum, all of the following aspects of law enforcement:
  183         (a) Vehicle pursuits.
  184         (b) Seizure and forfeiture of contraband articles.
  185         (c) Recording and processing citizens’ complaints.
  186         (d) Response to resistance Use of force.
  187         (e) Traffic stops.
  188         (f) Handling natural and manmade disasters.
  189         (g) Special operations.
  190         (h) Prisoner transfer.
  191         (i) Collection and preservation of evidence.
  192         (j) Recruitment and selection.
  193         (k) Officer training.
  194         (l) Performance evaluations.
  195         (m) Law enforcement disciplinary procedures and rights.
  196         (n) Use of criminal investigative funds.
  197         (o)Deescalation techniques.
  198         (p)Implicit bias training.
  199         (q)Procedural justice training.
  200         (r)Mental health and wellness resources and support
  201  available for law enforcement officers, including any peer
  202  support teams and sworn or unsworn chaplaincy programs.
  203         (s)The duty to intervene if another officer uses excessive
  204  or unnecessary force.
  205         (5)The minimum standards for deescalation training must
  206  include all of the following:
  207         (a)Training on verbal and physical tactics that would help
  208  avoid a physical response to resistance with an emphasis on
  209  communication, negotiation, deescalation techniques, creating
  210  and maintaining a reaction gap, and obtaining the time needed to
  211  resolve the incident safely for each individual involved.
  212         (b)Training officers simultaneously and in teams on
  213  deescalation and appropriate responses to resistance to improve
  214  group dynamics and diminish excessive responses to resistance
  215  while managing critical incidents.
  216         (c)Training that intentional chokeholds must never be
  217  used, except in deadly force situations.
  218         (d)Training on the principles of using distance, cover,
  219  and time when approaching and managing critical incidents, and
  220  the elimination of other techniques in favor of using distance
  221  and cover to create and sustain a reaction gap.
  222         (e)Training on the use of the lowest response to
  223  resistance which is a possible and safe response to an
  224  identified threat.
  225         (f)Training on the reevaluation of an identified threat as
  226  the management of the critical incident progresses.
  227         (g)Training on crisis intervention strategies to
  228  appropriately identify and respond to individuals suffering from
  229  physical or mental disabilities, mental health issues, or
  230  substance abuse issues with an emphasis on deescalation
  231  techniques and promoting effective communication with such
  232  individuals.
  233         (h)Training on techniques that provide all officers with
  234  awareness and recognition of an individual’s physical and mental
  235  disabilities, mental health issues, and substance abuse issues
  236  with an emphasis on communication strategies.
  237         (i)Training on other evidence-based approaches found to be
  238  appropriate by the commission which enhance deescalation
  239  techniques and skills.
  240         (6)Not later than November 30, 2021, the Office of the
  241  Attorney General shall provide written guidance to law
  242  enforcement agencies in this state which employ law enforcement
  243  officers with regard to compliance with minimum standards under
  244  this section.
  245         (7)Not later than January 1, 2022, each law enforcement
  246  agency in this state shall adopt a written policy stating that
  247  each of the law enforcement officers in its employ has an
  248  affirmative duty to use deescalation techniques in his or her
  249  interactions with citizens wherever possible.
  250         (8)The commission shall create and publish on its website
  251  a model written policy in accordance with subsection (7). A law
  252  enforcement agency may fulfill its duty under subsection (5) by
  253  adopting the commission’s model written policy.
  254         (9)The Office of the Attorney General shall collect data
  255  regarding the implementation of training programs under this
  256  section and shall provide by July 1 of each year an annual
  257  report to the President of the Senate, the Senate Minority
  258  Leader, the Speaker of the House of Representatives, and the
  259  House Minority Leader describing that data.
  260         (10)(5) Subject to available funding, the department shall
  261  employ and assign adequate support staff to the Commission for
  262  Florida Law Enforcement Accreditation, Inc., and the Florida
  263  Corrections Accreditation Commission, Inc., in support of the
  264  accreditation programs established in this section.
  265         (11)(6) Accreditation standards related to law enforcement
  266  and inspectors general used by the accreditation programs
  267  established in this section shall be determined by the
  268  Commission for Florida Law Enforcement Accreditation, Inc.
  269  Accreditation standards related to corrections functions and
  270  pretrial diversion programs shall be determined by the Florida
  271  Corrections Accreditation Commission, Inc.
  272         Section 5. Section 943.1715, Florida Statutes, is amended
  273  to read:
  274         943.1715 Basic skills training relating to diverse
  275  populations and deescalation training.—The commission shall
  276  establish and maintain standards for instruction of officers in
  277  the subject of interpersonal skills relating to diverse
  278  populations, with an emphasis on the awareness of cultural
  279  differences. Every basic skills course required in order for
  280  officers to obtain initial certification must include training
  281  in interpersonal skills with diverse populations. The commission
  282  shall also require that every basic skills course include in the
  283  curriculum at least 40 hours of deescalation training.
  284         Section 6. Section 943.1716, Florida Statutes, is amended
  285  to read:
  286         943.1716 Continued employment training relating to diverse
  287  populations and deescalation training.—The commission shall by
  288  rule require that each officer receive, as part of the 40 hours
  289  of required instruction for continued employment or appointment
  290  as an officer, instruction in the subject of interpersonal
  291  skills relating to diverse populations, with an emphasis on the
  292  awareness of cultural differences. The commission shall also
  293  require by rule that every officer receive at least 16 hours of
  294  deescalation training, in addition to the 40 hours of required
  295  instruction for continued employment or appointment as an
  296  officer.
  297         Section 7. This act shall take effect July 1, 2021.