Florida Senate - 2021                                    SB 1402
       
       
        
       By Senator Thurston
       
       
       
       
       
       33-01492-21                                           20211402__
    1                        A bill to be entitled                      
    2         An act relating to criminal justice standards and
    3         training; amending s. 943.125, F.S.; revising
    4         legislative intent; requiring that a voluntary
    5         accreditation program be mandatory; requiring the
    6         Department of Law Enforcement to establish a review
    7         process to assist agencies that fail to obtain or
    8         maintain accreditation; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsections (1) through (5) of section 943.125,
   13  Florida Statutes, are amended to read:
   14         943.125 Accreditation of state and local law enforcement
   15  agencies, correctional facilities, public agency offices of
   16  inspectors general, and certain pretrial diversion programs;
   17  intent.—
   18         (1) It is the intent of the legislature that law
   19  enforcement agencies, correctional facilities, public agency
   20  offices of inspectors general, and those agencies offering
   21  pretrial diversion programs within offices of the state
   22  attorneys, county government, or sheriff’s offices in the state
   23  must be upgraded and strengthened through the adoption of
   24  meaningful standards of operation for those agencies and their
   25  functions.
   26         (2) It is the further intent of the Legislature that These
   27  agencies shall voluntarily adopt standards designed to promote
   28  enhanced professionalism:
   29         (a) For law enforcement, to maximize the capability of law
   30  enforcement agencies to enforce the law and prevent and control
   31  criminal activities.
   32         (b) For correctional facilities, to maintain best practices
   33  for the care, custody, and control of inmates.
   34         (c) Within public agency offices of inspector general, to
   35  promote more effective scrutiny of public agency operations and
   36  greater accountability of those serving in those agencies.
   37         (d) In the operation and management of pretrial diversion
   38  programs offered by and through the state attorney’s offices,
   39  county government, or sheriff’s offices.
   40         (3) The Legislature also intends to encourage the
   41  continuation of a voluntary state accreditation program shall to
   42  facilitate the enhanced professionalism identified in subsection
   43  (2). Other than the staff support by the department as
   44  authorized in subsection (5), the accreditation program must be
   45  independent of any law enforcement agency, the Department of
   46  Corrections, the Florida Sheriffs Association, or the Florida
   47  Police Chiefs Association.
   48         (4) The law enforcement accreditation program must address,
   49  at a minimum, the following aspects of law enforcement:
   50         (a) Vehicle pursuits.
   51         (b) Seizure and forfeiture of contraband articles.
   52         (c) Recording and processing citizens’ complaints.
   53         (d) Use of force.
   54         (e) Traffic stops.
   55         (f) Handling natural and manmade disasters.
   56         (g) Special operations.
   57         (h) Prisoner transfer.
   58         (i) Collection and preservation of evidence.
   59         (j) Recruitment and selection.
   60         (k) Officer training.
   61         (l) Performance evaluations.
   62         (m) Law enforcement disciplinary procedures and rights.
   63         (n) Use of criminal investigative funds.
   64         (5)(a) Subject to available funding, the department shall
   65  employ and assign adequate support staff to the Commission for
   66  Florida Law Enforcement Accreditation, Inc., and the Florida
   67  Corrections Accreditation Commission, Inc., in support of the
   68  accreditation programs established in this section.
   69         (b) The department shall establish a review process to
   70  assist an agency that has failed to obtain or maintain
   71  accreditation as required under this section. The process shall
   72  require such an agency to submit an accreditation action plan
   73  and any agency that fails to demonstrate progress in developing
   74  or implementing any such accreditation action plan to enter into
   75  a memorandum of understanding with the department.
   76         Section 2. This act shall take effect July 1, 2021.