Florida Senate - 2021 CS for SB 1970
By the Committee on Criminal Justice; and Senators Pizzo and
Rodriguez
591-02935-21 20211970c1
1 A bill to be entitled
2 An act relating to law enforcement reform; providing a
3 declaration of important state interest; amending s.
4 943.10, F.S.; defining terms; amending s. 943.12,
5 F.S.; requiring the Criminal Justice Standards and
6 Training Commission to adopt rules prohibiting law
7 enforcement officers, correctional officers, or
8 correctional probation officers from using specified
9 techniques; providing an exception; requiring the
10 commission to adopt rules requiring employing agencies
11 to report information related to the use of such
12 techniques; requiring that the commission cause to be
13 investigated certain officers who use the prohibited
14 techniques; requiring the commission to provide
15 specified data regarding final commission orders to
16 the National Decertification Index; creating s.
17 943.121, F.S.; requiring the commission to establish
18 and maintain standards for the instruction of officers
19 in specified subjects in order to build upon and
20 improve police-community relations; providing minimum
21 required standards for deescalation training;
22 requiring that by a specified date the commission
23 provide certain guidance to law enforcement agencies;
24 requiring the commission to create and publish on its
25 website a model written policy; requiring that by a
26 specified date each law enforcement agency adopt a
27 certain written policy; requiring the commission to
28 collect certain data and annually, by a specified
29 date, submit a report to the Legislature; amending s.
30 943.125, F.S.; revising the minimum aspects of law
31 enforcement that the law enforcement accreditation
32 program must address; amending s. 943.1715, F.S.;
33 requiring every basic skills course required for
34 officers to obtain initial certification to include a
35 minimum number of hours of deescalation training;
36 amending s. 943.1716, F.S.; requiring the commission
37 to adopt rules requiring that every officer receive a
38 minimum number of hours of deescalation training;
39 providing an effective date.
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. The Legislature finds that effective policing
44 requires that the use of chokeholds and neck restraints be
45 limited; that law enforcement basic recruit training and
46 retraining include deescalation training; that minimum standards
47 of instruction be developed relating to deescalation techniques,
48 procedural justice, implicit bias, and the duty of an officer to
49 intervene if another officer uses excessive or unnecessary
50 force; that the state law enforcement accreditation program
51 address these matters as well as mental health and wellness
52 resources and support available for law enforcement officers;
53 and that written policies incorporate an affirmative duty to use
54 deescalation techniques whenever possible. The Legislature
55 further finds and declares that this act fulfills an important
56 state interest in protecting the safety of both law enforcement
57 officers and the public by ensuring law enforcement officers
58 receive sufficient and similar training to prevent unnecessary
59 or excessive use of force and to develop skills to enhance
60 understanding of and communication with the communities they
61 serve.
62 Section 2. Subsections (23) through (27) are added to
63 section 943.10, Florida Statutes, to read:
64 943.10 Definitions; ss. 943.085-943.255.—The following
65 words and phrases as used in ss. 943.085-943.255 are defined as
66 follows:
67 (23) “Deescalation technique” means a method or methods for
68 assessing and managing a situation in order to resolve it with
69 the least response to resistance which is safe and practicable
70 by a law enforcement officer.
71 (24) “Implicit bias training” means a program designed to
72 go beyond producing fair and impartial enforcement of the law by
73 bringing awareness to or increasing awareness of, and improving
74 response strategies to, unconscious bias towards diverse
75 communities. Such training should allow law enforcement to serve
76 the community with a deeper understanding of the diversities
77 within the community, thereby mitigating community tension and
78 improving police-community relations.
79 (25) “Intervene” means to stop the use of excessive or
80 unnecessary force.
81 (26) “Procedural justice training” means a system of law
82 enforcement that prioritizes obtaining citizen compliance with
83 law enforcement direction through fair and respectful two-way
84 communication and, where possible and safe, provides explanation
85 of the rationale behind directions given by law enforcement
86 officers to build trust. This training allows for both community
87 and police to be treated with respect and dignity, thereby
88 cultivating stronger police-community relations.
89 (27) “Reaction gap” means the minimum amount of distance
90 necessary to ensure that a law enforcement officer will have
91 time to be able to react appropriately to a potential threat.
92 Section 3. Present subsection (17) of section 943.12,
93 Florida Statutes, is redesignated as subsection (18), and a new
94 subsection (17) and subsection (19) are added to that section,
95 to read:
96 943.12 Powers, duties, and functions of the commission.—The
97 commission shall:
98 (17) Adopt rules prohibiting any law enforcement officer,
99 correctional officer, or correctional probation officer from
100 using any technique that requires the application of pressure to
101 the neck, throat, esophagus, trachea, or carotid arteries
102 alongside the trachea. The use of such a technique by a law
103 enforcement officer, correctional officer, or correctional
104 probation officer is prohibited unless deadly force is
105 authorized under the law. The commission shall adopt rules
106 requiring employing agencies to report to the commission any use
107 of such technique by a law enforcement officer, correctional
108 officer, or correctional probation officer employed by that
109 agency. The commission shall cause to be investigated any law
110 enforcement officer, correctional officer, or correctional
111 probation officer who uses such a technique in violation of this
112 subsection, and shall set disciplinary guidelines and penalties
113 prescribed in rules applicable to such violation.
114 (19) Provide data to the National Decertification Index on
115 final commission orders regarding revocation or relinquishment
116 of certification of law enforcement officers, correctional
117 officers, and correctional probation officers.
118 Section 4. Section 943.121, Florida Statutes, is created to
119 read:
120 943.121 Commission standards for instruction of officers in
121 certain subjects; guidance; written policies.—
122 (1) The commission shall establish and maintain standards
123 for instruction of officers in the subjects of deescalation
124 techniques, procedural justice training, implicit bias training,
125 and the duty to intervene if another officer uses excessive or
126 unnecessary force in order to build upon and improve police
127 community relations.
128 (2) The minimum standards for deescalation training must
129 include all of the following:
130 (a) Training on verbal and physical tactics that would help
131 avoid a physical response to resistance with an emphasis on
132 communication, negotiation, deescalation techniques, creating
133 and maintaining a reaction gap, and obtaining the time needed to
134 resolve the incident safely for each individual involved.
135 (b) Training officers simultaneously and in teams on
136 deescalation and appropriate responses to resistance to improve
137 group dynamics and diminish excessive responses to resistance
138 while managing critical incidents.
139 (c) Training that intentional chokeholds must never be
140 used, except in deadly force situations.
141 (d) Training on the principles of using distance, cover,
142 and time when approaching and managing critical incidents, and
143 the elimination of other techniques in favor of using distance
144 and cover to create and sustain a reaction gap.
145 (e) Training on the use of the lowest response to
146 resistance which is a possible and safe response to an
147 identified threat.
148 (f) Training on the reevaluation of an identified threat as
149 the management of the critical incident progresses.
150 (g) Training on procedural justice training.
151 (h) Training on crisis intervention strategies to
152 appropriately identify and respond to individuals suffering from
153 physical or mental disabilities, mental health issues, or
154 substance abuse issues with an emphasis on deescalation
155 techniques and promoting effective communication with such
156 individuals.
157 (i) Training on techniques that provide all officers with
158 awareness and recognition of an individual’s physical and mental
159 disabilities, mental health issues, and substance abuse issues
160 with an emphasis on communication strategies.
161 (j) Training on other evidence-based approaches found to be
162 appropriate by the commission which enhance deescalation
163 techniques and skills.
164 (k) Training on implicit bias.
165 (3) Not later than November 30, 2022, the commission shall
166 provide written guidance to law enforcement agencies in this
167 state that employ law enforcement officers with regard to
168 compliance with minimum standards under subsection (2).
169 (4) The commission shall create and publish on its website
170 a model written policy in accordance with subsection (2).
171 (5) Not later than January 1, 2023, each law enforcement
172 agency in this state shall adopt a written policy stating that
173 each of the law enforcement officers in its employ has an
174 affirmative duty to use deescalation techniques in his or her
175 interactions with citizens wherever possible. A law enforcement
176 agency may fulfill its duty under this subsection by adopting
177 the commission’s model written policy.
178 (6) The commission shall collect data regarding the
179 implementation of training programs under this section and shall
180 provide by July 1 of each year an annual report to the President
181 of the Senate, the Senate Minority Leader, the Speaker of the
182 House of Representatives, and the House Minority Leader
183 describing that data.
184 Section 5. Section 943.125, Florida Statutes, is amended to
185 read:
186 943.125 Accreditation of state and local law enforcement
187 agencies, correctional facilities, public agency offices of
188 inspectors general, and certain pretrial diversion programs;
189 intent.—
190 (1) It is the intent of the Legislature that law
191 enforcement agencies, correctional facilities, public agency
192 offices of inspectors general, and those agencies offering
193 pretrial diversion programs within offices of the state
194 attorneys, county government, or sheriff’s offices in the state
195 be upgraded and strengthened through the adoption of meaningful
196 standards of operation for those agencies and their functions.
197 (2) It is the further intent of the Legislature that these
198 agencies voluntarily adopt standards designed to promote
199 enhanced professionalism:
200 (a) For law enforcement, to maximize the capability of law
201 enforcement agencies to enforce the law and prevent and control
202 criminal activities.
203 (b) For correctional facilities, to maintain best practices
204 for the care, custody, and control of inmates.
205 (c) Within public agency offices of inspector general, to
206 promote more effective scrutiny of public agency operations and
207 greater accountability of those serving in those agencies.
208 (d) In the operation and management of pretrial diversion
209 programs offered by and through the state attorney’s offices,
210 county government, or sheriff’s offices.
211 (3) The Legislature also intends to encourage the
212 continuation of a voluntary state accreditation program to
213 facilitate the enhanced professionalism identified in subsection
214 (2). Other than the staff support by the department as
215 authorized in subsection (5), the accreditation program must be
216 independent of any law enforcement agency, the Department of
217 Corrections, the Florida Sheriffs Association, or the Florida
218 Police Chiefs Association.
219 (4) The law enforcement accreditation program must address,
220 at a minimum, all of the following aspects of law enforcement:
221 (a) Vehicle pursuits.
222 (b) Seizure and forfeiture of contraband articles.
223 (c) Recording and processing citizens’ complaints.
224 (d) Response to resistance Use of force.
225 (e)Traffic stops.
226 (f) Handling natural and manmade disasters.
227 (g) Special operations.
228 (h) Prisoner transfer.
229 (i) Collection and preservation of evidence.
230 (j) Recruitment and selection.
231 (k) Officer training.
232 (l) Performance evaluations.
233 (m) Law enforcement disciplinary procedures and rights.
234 (n) Use of criminal investigative funds.
235 (o) Deescalation techniques.
236 (p) Implicit bias training.
237 (q) Procedural justice training.
238 (r) Mental health and wellness resources and support
239 available for law enforcement officers, including any peer
240 support teams and sworn or unsworn chaplaincy programs.
241 (s) The duty to intervene if another officer uses excessive
242 or unnecessary force.
243 (5) Subject to available funding, the department shall
244 employ and assign adequate support staff to the Commission for
245 Florida Law Enforcement Accreditation, Inc., and the Florida
246 Corrections Accreditation Commission, Inc., in support of the
247 accreditation programs established in this section.
248 (6) Accreditation standards related to law enforcement and
249 inspectors general used by the accreditation programs
250 established in this section shall be determined by the
251 Commission for Florida Law Enforcement Accreditation, Inc.
252 Accreditation standards related to corrections functions and
253 pretrial diversion programs shall be determined by the Florida
254 Corrections Accreditation Commission, Inc.
255 Section 6. Section 943.1715, Florida Statutes, is amended
256 to read:
257 943.1715 Basic skills training relating to diverse
258 populations and deescalation training.—The commission shall
259 establish and maintain standards for instruction of officers in
260 the subject of interpersonal skills relating to diverse
261 populations, with an emphasis on the awareness of cultural
262 differences. Every basic skills course required in order for
263 officers to obtain initial certification must include training
264 in interpersonal skills with diverse populations. The commission
265 shall also require that every basic skills course include in the
266 curriculum at least 40 hours of deescalation training.
267 Section 7. Section 943.1716, Florida Statutes, is amended
268 to read:
269 943.1716 Continued employment training relating to diverse
270 populations and deescalation training.—The commission shall by
271 rule require that each officer receive, as part of the 40 hours
272 of required instruction for continued employment or appointment
273 as an officer, instruction in the subject of interpersonal
274 skills relating to diverse populations, with an emphasis on the
275 awareness of cultural differences. The commission shall also
276 require by rule that every officer receive at least 16 hours of
277 deescalation training, in addition to the 40 hours of required
278 instruction for continued employment or appointment as an
279 officer.
280 Section 8. This act shall take effect July 1, 2022.