| 1 | A bill to be entitled |
| 2 | An act relating to police pursuits of fleeing vehicles; |
| 3 | requiring the Criminal Justice Standards and Training |
| 4 | Commission to establish a model policy governing the |
| 5 | pursuit of fleeing vehicles by law enforcement officers; |
| 6 | establishing model policy guidelines; requiring state and |
| 7 | local law enforcement agencies to adopt policies for |
| 8 | vehicle pursuits; requiring officer training in vehicle- |
| 9 | pursuit policies; providing a penalty; providing an |
| 10 | effective date. |
| 11 |
|
| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
|
| 14 | Section 1. (1) By July 1, 2007, the Criminal Justice |
| 15 | Standards and Training Commission within the Department of Law |
| 16 | Enforcement shall adopt a model policy governing the conduct of |
| 17 | law enforcement officers who are pursuing a vehicle that is |
| 18 | fleeing a law enforcement officer. The commission shall consider |
| 19 | comments from the public when adopting the policy. The model |
| 20 | policy shall, at a minimum, contain the following components: |
| 21 | (a) A statement describing that the philosophy of the |
| 22 | model policy is that the safety of persons affected by a vehicle |
| 23 | pursuit is of primary importance. It must also balance the risks |
| 24 | of a vehicle pursuit to the public and law enforcement officers |
| 25 | with the consequences of the failure to pursue such vehicle. |
| 26 | (b) The factors to consider before initiating or |
| 27 | terminating a vehicle pursuit and the standards for determining |
| 28 | whether to initiate or terminate a vehicle pursuit. |
| 29 | (c) The procedures, tactics, and technologies used during |
| 30 | vehicle pursuits. |
| 31 | (d) The responsibilities of the pursuing officers, the |
| 32 | officers supervising the pursuit, the dispatcher, and air |
| 33 | support personnel. |
| 34 | (e) The procedures governing interjurisdictional pursuits. |
| 35 | (f) The procedures governing the care of any person |
| 36 | injured during the pursuit. |
| 37 | (g) The contents of pursuit reports. |
| 38 | (h) The procedures used to evaluate each pursuit. |
| 39 | (2) Each state and local law enforcement agency must: |
| 40 | (a) Establish a written policy governing the conduct of |
| 41 | the agency's law enforcement officers who pursue a fleeing |
| 42 | vehicle. The policy must, at a minimum, comply with the |
| 43 | requirements of the model pursuit policy adopted by the |
| 44 | commission and must consider the public comments and any |
| 45 | technology for pursuit vehicles which is available. |
| 46 | (b) Certify annually to the commission that it has adopted |
| 47 | a written policy in compliance with the model pursuit policy. |
| 48 | (3) The board shall assist each state and local law |
| 49 | enforcement agency in developing and implementing pursuit |
| 50 | policies. |
| 51 | (4)(a) By July 1, 2007, the commission shall prepare |
| 52 | learning objectives for instructing law enforcement officers in |
| 53 | emergency vehicle operations and in the conduct of vehicle |
| 54 | pursuits. The course shall consist of at least 7 hours of |
| 55 | classroom and skills-based training. |
| 56 | (b) A person who has not received the training required by |
| 57 | this section may not take any examination for licensure as a law |
| 58 | enforcement officer on or after July 1, 2007. |
| 59 | (5) Each state and local law enforcement agency shall |
| 60 | provide in-service training in emergency vehicle operations and |
| 61 | in the conduct of vehicle pursuits to all law enforcement |
| 62 | officers employed by the agency who may be involved in a vehicle |
| 63 | pursuit, based on the officers' responsibilities. The training |
| 64 | must comply with learning objectives approved by the commission |
| 65 | and shall consist of at least 8 hours of classroom and skills- |
| 66 | based training every 3 years. |
| 67 | (6) The commission may impose licensing sanctions and seek |
| 68 | injunctive relief for the failure of an agency to comply with |
| 69 | the requirements of this act. |
| 70 | Section 2. This act shall take effect July 1, 2006. |