Bill Text: FL S1970 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
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 resistanceUse 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.