Bill Text: FL S1970 | 2021 | Regular Session | Comm Sub
Bill Title: Law Enforcement Reform
Spectrum:
Status: (Failed) 2021-04-30 - Died in Appropriations, companion bill(s) passed, see HB 7051 (Ch. 2021-241) [S1970 Detail]
Download: Florida-2021-S1970-Comm_Sub.html
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 resistanceUse 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.