Title: Law Enforcement Reform

Summary: Requiring the Criminal Justice Standards and Training Commission to adopt rules prohibiting law enforcement officers, correctional officers, or correctional probation officers from using specified techniques; providing an exception; requiring the commission to provide specified data regarding final commission orders to the National Decertification Index; requiring the commission to establish and maintain standards for the instruction of officers in specified subjects in order to build upon and improve police-community relations; revising the minimum aspects of law enforcement that the law enforcement accreditation program must address, etc.

Full Text:
An act relating to law enforcement reform; providing a declaration of important state interest; amending s. 943.10, F.S.; defining terms; amending s. 943.12, F.S.; requiring the Criminal Justice Standards and Training Commission to adopt rules prohibiting law enforcement officers, correctional officers, or correctional probation officers from using specified techniques; providing an exception; requiring the commission to adopt rules requiring employing agencies to report information related to the use of such techniques; requiring that the commission cause to be investigated certain officers who use the prohibited techniques; requiring the commission to provide specified data regarding final commission orders to the National Decertification Index; creating s. 943.121, F.S.; requiring the commission to establish and maintain standards for the instruction of officers in specified subjects in order to build upon and improve police-community relations; providing minimum required standards for deescalation training; requiring that by a specified date the commission provide certain guidance to law enforcement agencies; requiring the commission to create and publish on its website a model written policy; requiring that by a specified date each law enforcement agency adopt a certain written policy; requiring the commission to collect certain data and annually, by a specified date, submit a report to the Legislature; amending s. 943.125, F.S.; revising the minimum aspects of law enforcement that the law enforcement accreditation program must address; amending s. 943.1715, F.S.; requiring every basic skills course required for officers to obtain initial certification to include a minimum number of hours of deescalation training; amending s. 943.1716, F.S.; requiring the commission to adopt rules requiring that every officer receive a minimum number of hours of deescalation training; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1.  The Legislature finds that effective policing requires that the use of chokeholds and neck restraints be limited; that law enforcement basic recruit training and retraining include deescalation training; that minimum standards of instruction be developed relating to deescalation techniques, procedural justice, implicit bias, and the duty of an officer to intervene if another officer uses excessive or unnecessary force; that the state law enforcement accreditation program address these matters as well as mental health and wellness resources and support available for law enforcement officers; and that written policies incorporate an affirmative duty to use deescalation techniques whenever possible. The Legislature further finds and declares that this act fulfills an important state interest in protecting the safety of both law enforcement officers and the public by ensuring law enforcement officers receive sufficient and similar training to prevent unnecessary or excessive use of force and to develop skills to enhance understanding of and communication with the communities they serve. Section 2. Subsections (23) through (27) are added to section 943.10, Florida Statutes, to read: 943.10 Definitions; ss. 943.085-943.255. The following words and phrases as used in ss. 943.085-943.255 are defined as follows: (23)   Deescalation technique  means a method or methods for assessing and managing a situation in order to resolve it with the least response to resistance which is safe and practicable by a law enforcement officer. (24)   Implicit bias training  means a program designed to go beyond producing fair and impartial enforcement of the law by bringing awareness to or increasing awareness of, and improving response strategies to, unconscious bias towards diverse communities. Such training should allow law enforcement to serve the community with a deeper understanding of the diversities within the community, thereby mitigating community tension and improving police-community relations. (25)   Intervene  means to stop the use of excessive or unnecessary force. (26)   Procedural justice training  means a system of law enforcement that prioritizes obtaining citizen compliance with law enforcement direction through fair and respectful two-way communication and, where possible and safe, provides explanation of the rationale behind directions given by law enforcement officers to build trust. This training allows for both community and police to be treated with respect and dignity, thereby cultivating stronger police-community relations. (27)   Reaction gap  means the minimum amount of distance necessary to ensure that a law enforcement officer will have time to be able to react appropriately to a potential threat. Section 3. Present subsection (17) of section 943.12, Florida Statutes, is redesignated as subsection (18), and a new subsection (17) and subsection (19) are added to that section, to read: 943.12 Powers, duties, and functions of the commission. The commission shall: (17) Adopt rules prohibiting any law enforcement officer, correctional officer, or correctional probation officer from using any technique that requires the application of pressure to the neck, throat, esophagus, trachea,or carotid arteries alongside the trachea. The use of such a technique by a law enforcement officer, correctional officer, or correctional probation officer is prohibited unless deadly force is authorized under the law. The commission shall adopt rules requiring employing agencies to report to the commission any use of such technique by a law enforcement officer, correctional officer, or correctional probation officer employed by th at agency. The commission shall cause to be investigated any law enforcement officer, correctional officer, or correctional probation officer who uses such a technique in violation of this subsection, and shall set disciplinary guidelines and penalties prescribed in rules applicable to such violation. (19) Provide data to the National Decertification Index on final commission orders regarding revocation or relinquishment of certification of law enforcement officers, correctional officers, and correctional probation officers. Section 4. Section 943.121, Florida Statutes, is created to read: 943.121 Commission standards for instruction of officers in certain subjects; guidance; written policies.  (1)   The commission shall establish and maintain standards for instruction of officers in the subjects of deescalation techniques, procedural justice training, implicit bias training, and the duty to intervene if another officer uses excessive or unnecessary force in order to build upon and improve police community relations. (2) The minimum standards for deescalation training must include all of the following: (a) Training on verbal and physical tactics that would help avoid a physical response to resistance with an emphasis on communication, negotiation, deescalation techniques, creating and maintaining a reaction gap, and obtaining the time needed to resolve the incident safely for each individual involved. (b) Training officers simultaneously and in teams on deescalation and appropriate responses to resistance to improve group dynamics and diminish excessive responses to resistance while managing critical incidents. (c) Training that intentional chokeholds must never be used, except in deadly force situations. (d) Training on the principles of using distance, cover, and time when approaching and managing critical incidents, and the elimination of other techniques in favor of using distance and cover to create and sustain a reaction gap. (e) Training on the use of the lowest response to resistance which is a possible and safe response to an identified threat. (f) Training on the reevaluation of an identified threat as the management of the critical incident progresses. (g) Training on procedural justice training. (h) Training on crisis intervention strategies to appropriately identify and respond to individuals suffering from physical or mental disabilities, mental health issues, or substance abuse issues with an emphasis on deescalation techniques and promoting effective communication with such individuals. (i) Training on techniques that provide all officers with awareness and recognition of an individual s physical and mental disabilities, mental health issues, and substance abuse issues with an emphasis on communication strategies. (j) Training on other evidence-based approaches found to be appropriate by the commission which enhance deescalation techniques and skills. (k) Training on implicit bias. (3) Not later than November 30, 2022, the commission shall provide written guidance to law enforcement agencies in this state that employ law enforcement officers with regard to compliance with minimum standards under subsection (2). (4) The commission shall create and publish on its website a model written policy in accordance with subsection (2). (5) Not later than January 1, 2023, each law enforcement agency in this state shall adopt a written policy stating that each of the law enforcement officers in its employ has an affirmative duty to use deescalation techniques in his or her interactions with citizens wherever possible. A law enforcement agency may fulfill its duty under this subsection by adopting the commission s model written policy. (6) The commission shall collect data regarding the implementation of training programs under this section and shall provide by July of each year an annual report to the President of the Senate, the Senate Minority Leader, the Speaker of the House of Representatives, and the House Minority Leader describing that data. Section 5. Section 943.125, Florida Statutes, is amended to read: 943.125 Accreditation of state and local law enforcement agencies, correctional facilities, public agency offices of inspectors general, and certain pretrial diversion programs; intent.  (1) It is the intent of the Legislature that law enforcement agencies, correctional facilities, public agency offices of inspectors general, and those agencies offering pretrial diversion programs within offices of the state attorneys, county government, or sheriff s offices in the state be upgraded and strengthened through the adoption of meaningful standards of operation for those agencies and their functions. (2) It is the further intent of the Legislature that these agencies voluntarily adopt standards designed to promote enhanced professionalism: (a) For law enforcement, to maximize the capability of law enforcement agencies to enforce the law and prevent and control criminal activities. (b) For correctional facilities, to maintain best practices for the care, custody, and control of inmates. (c) Within public agency offices of inspector general, to promote more effective scrutiny of public agency operations and greater accountability of those serving in those agencies. (d) In the operation and management of pretrial diversion programs offered by and through the state attorney s offices, county government, or sheriff s offices. (3) The Legislature also intends to encourage the continuation of a voluntary state accreditation program to facilitate the enhanced professionalism identified in subsection (2). Other than the staff support by the department as authorized in subsection (5), the accreditation program must be independent of any law enforcement agency, the Department of Corrections, the Florida Sheriffs Association, or the Florida Police Chiefs Association. (4) The law enforcement accreditation program must address, at a minimum, all of the following aspects of law enforcement: (a) Vehicle pursuits. (b) Seizure and forfeiture of contraband articles. (c) Recording and processing citizens  complaints. (d)  Response to resistance Use of force.(e)Traffic stops. (f) Handling natural and manmade disasters. (g) Special operations. (h) Prisoner transfer. (i) Collection and preservation of evidence. (j) Recruitment and selection. (k) Officer training. (l) Performance evaluations. (m) Law enforcement disciplinary procedures and rights. (n) Use of criminal investigative funds. (o) Deescalation techniques. (p) Implicit bias training. (q) Procedural justice training. (r) Mental health and wellness resources and support available for law enforcement officers, including any peer support teams and sworn or unsworn chaplaincy programs. (s) The duty to intervene if another officer uses excessive or unnecessary force. (5) Subject to available funding, the department shall employ and assign adequate support staff to the Commission for Florida Law Enforcement Accreditation, Inc., and the Florida Corrections Accreditation Commission, Inc., in support of the accreditation programs established in this section. (6) Accreditation standards related to law enforcement and inspectors general used by the accreditation programs established in this section shall be determined by the Commission for Florida Law Enforcement Accreditation, Inc. Accreditation standards related to corrections functions and pretrial diversion programs shall be determined by the Florida Corrections Accreditation Commission, Inc. Section 6. Section 943.1715, Florida Statutes, is amended to read: 943.1715 Basic skills training relating to diverse populations and deescalation training. The commission shall establish and maintain standards for instruction of officers in the subject of interpersonal skills relating to diverse populations, with an emphasis on the awareness of cultural differences. Every basic skills course required in order for officers to obtain initial certification must include training in interpersonal skills with diverse populations. The commission shall also require that every basic skills course include in the curriculum at least hours of deescalation training. Section 7. Section 943.1716, Florida Statutes, is amended to read: 943.1716 Continued employment training relating to diverse populations and deescalation training. The commission shall by rule require that each officer receive, as part of the hours of required instruction for continued employment or appointment as an officer, instruction in the subject of interpersonal skills relating to diverse populations, with an emphasis on the awareness of cultural differences. The commission shall also require by rule that every officer receive at least hours of deescalation training, in addition to the hours of required instruction for continued employment or appointment as an officer. Section 8. This act shall take effect July 1, 2022.