Florida Senate - 2021                                     SB 942
       By Senator Gibson
       6-00952A-21                                            2021942__
    1                        A bill to be entitled                      
    2         An act relating to law enforcement agency standards;
    3         creating s. 943.2555, F.S.; requiring the Department
    4         of Law Enforcement to adopt rules setting out minimum
    5         requirements for policies of law enforcement agencies;
    6         specifying areas that must be addressed by such
    7         policies; creating s. 943.2556, F.S.; requiring the
    8         department to create a model procedures document for
    9         law enforcement agencies; specifying requirements for
   10         the model procedures document; providing an effective
   11         date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 943.2555, Florida Statutes, is created
   16  to read:
   17         943.2555Adoption of minimum requirements for law
   18  enforcement agency policies.—The department shall adopt rules
   19  establishing minimum requirements for the policies of agencies
   20  employing law enforcement officers, as defined in s. 943.10,
   21  applicable to at least all of the following areas:
   22         (1)Demilitarization.
   23         (2)Use of force.
   24         (3)Intelligence-led policing. As used in this subsection,
   25  the term “intelligence-led policing” means the cultivation and
   26  dissemination of strategic, operational, and tactical
   27  intelligence assessments to identify, quantify, and target key
   28  criminals for investigation and prosecution.
   29         (4)Officer qualifications, compensation, and hiring and
   30  termination proceedings.
   31         (5)Police canine unit operations, including:
   32         (a)Ensuring that use of a canine to intimidate or harass a
   33  person who is already subdued or in custody is considered an
   34  excessive use of force.
   35         (b)Minimum standards for creation, use, and maintenance of
   36  a canine unit.
   37         (6)Minimum training standards addressing:
   38         (a)Use of force.
   39         (b)Duty to intervene.
   40         (c)Use of neck restraints.
   41         (7)Revocation of an officer’s certification or placing a
   42  limitation on his or her authority as a consequence of an
   43  unauthorized use-of-force incident. Such limitation may include:
   44         (a)Mandating the suspension or revocation of a law
   45  enforcement officer’s certification if certain criteria are met,
   46  such as his or her involvement in a specified number of unlawful
   47  use-of-force incidents within a certain period, or an unlawful
   48  use of force that resulted in a fatality; or
   49         (b)Mandating a period of time during which an officer with
   50  a specified number of unlawful use-of-force incidents occurring
   51  during a specified timeframe must perform only duties that do
   52  not involve interaction with the public and receive anger
   53  management counseling.
   54         Section 2. Section 943.2556, Florida Statutes, is created
   55  to read:
   56         943.2556Model procedures.—The department shall create a
   57  model procedures document for law enforcement agencies which
   58  include all of the following:
   59         (1)Addresses use of neck restraints, including:
   60         (a)Prohibiting the use of chokeholds by any law
   61  enforcement officer;
   62         (b)Prohibiting the placement of a knee on the neck of a
   63  suspect by any law enforcement officer; and
   64         (c)Authorizing the use of lateral vascular neck restraints
   65  by a law enforcement officer who has received annual retraining
   66  and semiannual demonstration of proper technique.
   67         (2)(a)Prohibits the use of no-knock warrants by law
   68  enforcement agencies and officers for misdemeanor offenses or
   69  minor drug offenses;
   70         (b)Requires that the head of a law enforcement agency
   71  personally attest in writing that the use of a no-knock warrant
   72  is the only way to refine a suspect to get needed information,
   73  is the safest course of action for law enforcement officers, is
   74  extremely unlikely to result in harm to an innocent person, and
   75  is unlikely to cause harm to an unsought individual; and
   76         (c)Requires that a no-knock warrant be executed under the
   77  personal supervision of the head of the law enforcement agency.
   78         (3)Provides requirements for the use of or requires the
   79  elimination of jump-out tactics and squads.
   80         (4)Includes a standardized use-of-force policy with a
   81  statewide matrix of circumstances in which use of force is
   82  authorized.
   83         (5)Includes policies concerning pursuit of fleeing
   84  suspects, which must include:
   85         (a)Specifying circumstances that allow an officer to
   86  pursue a fleeing driver;
   87         (b)Minimizing risk in densely populated communities;
   88         (c)Authorizing pursuit of a felon only when the pursuing
   89  officer is reasonably certain that apprehension of the felon
   90  will prevent further physical harm to other persons or himself
   91  or herself, and requiring a pursuing officer to end pursuit if
   92  significant property damage or harm to persons seems probable;
   93  and
   94         (d)Authorizing pursuit of a misdemeanant only if the
   95  officer is reasonably certain to apprehend the misdemeanant
   96  without damage to property or harm to other persons.
   98  The inclusion of policies in the document must be guided by the
   99  principle that protecting an innocent person is more important
  100  than punishing a guilty person.
  101         (6)Provides for notification of next of kin.
  102         (7)Requires a law enforcement officer to make a statement
  103  concerning a use-of-force incident within 24 hours after the
  104  conclusion of the use-of-force incident.
  105         Section 3. This act shall take effect July 1, 2021.