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.