The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Subcommittee on Criminal and Civil Justice
BILL: CS/SB 1970
INTRODUCER: Criminal Justice Committee and Senator Pizzo and others
SUBJECT: Law Enforcement Reform
DATE: March 23, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Erickson Jones CJ Fav/CS
2. Dale Harkness ACJ Recommend: Favorable
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1970 makes the following changes to training and practices:
 Includes a declaration of an important state interest.
 Limits use of restraint techniques that require the application of pressure to the neck, throat,
esophagus, trachea, or carotid arteries alongside the trachea to those situations in which
deadly force is authorized.
 Requires the Criminal Justice Standards and Training Commission (CJSTC) to:
o 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;
o Establish and maintain standards for instruction of officers in the subjects of de-
escalation techniques, procedural justice training, implicit bias training, and the duty to
intervene if another officer uses excessive or unnecessary force;
o Specify what must be included in the minimum standards for de-escalation training;
o Provide written guidance to law enforcement agencies on compliance with minimum
standards relating to de-escalation training;
o Create a model written policy on de-escalation training; and
o Collect data regarding the implementation of training programs and annually report such
data to the Legislature (as specified in bill).
 Requires that law enforcement agencies adopt a written policy stating that each of the law
enforcement officers in its employ has an affirmative duty to use de-escalation techniques in
his or her interactions with citizens whenever possible.
BILL: CS/SB 1970 Page 2
 Requires that de-escalation techniques and other specified aspects of law enforcement be
addressed in the state law enforcement accreditation program.
 Requires de-escalation training in basic recruit training and continued employment training.
The bill contains numerous training requirements and other requirements that may impact local
law enforcement agencies. These requirements may cause county and municipal governments to
spend funds. The impact of the bill on local governments is indeterminate.
The Florida Department of Law Enforcement (FDLE) states that development of the training
curricula will cost approximately $12,648 and the bill will require technological modifications
totaling approximately $37,000. See Section V. Fiscal Impact Statement.
The bill takes effect July 1, 2022.
II. Present Situation:
“The killing of George Floyd in Minneapolis has prompted police departments around Florida to
review their policies, procedures and training.”1 A 2017 workgroup of the CJSTC noted that
“[o]ne of the biggest challenges in law enforcement today involves strengthening the bonds of
trust between law enforcement officers and the communities they serve.”2 “The relationship
between communities and their law enforcement agencies are often characterized by varying
degrees of suspicion and mistrust. Over time, that contributes to cynicism in both groups and
creates barriers to good faith cooperation.”3
There are numerous measures that police agencies are taking to improve law enforcement-
community relations and enhance the effectiveness of policing, including, but not limited to,
standards and training on limiting the use of chokeholds and neck restraints, a duty of an officer
to intervene when the officer witnesses another officer using excessive force, de-escalation
techniques, mental health issues, procedural justice, and implicit bias.
Training Requirements for Florida Law Enforcement Officers
In compliance with s. 943.13, F.S., applicants must complete the 770-hour law enforcement
basic recruit training program to meet the qualifications for becoming a certified law
enforcement officer. The FDLE provided the following information regarding basic recruit
training on subjects addressed in the bill:
The law enforcement basic recruit training curriculum incorporates training on implicit
bias, de-escalation, procedural justice, crisis intervention with individuals suffering from
1
Amy Martinez, Florida police departments review policies, procedures and training (Nov. 25, 2020), Florida Trend,
available at https://www.floridatrend.com/article/30313/florida-police-departments-review-policies-procedures-and-training
2
Strengthening the Bonds of Trust between Law Enforcement and the Public (Community Safety Recommendations)
(May 11, 2017), Florida Criminal Justice Standards and Training Commission (CJSTC), available at
https://www.fdle.state.fl.us/CJSTC/Documents/Publications/Community_Safety_Report_Adopt_May_11_17.aspx (last
visited March 10, 2021). This report is further cited as “CJSTC report (May 11, 2017).”
3
As Volusia County Sheriff Mike Chitwood noted, “[w]e’re not the Marines. We’re not at war with our community. The
overwhelming majority of the people we come into contact with are law-abiding citizens[.]” See footnote 1, supra.
BILL: CS/SB 1970 Page 3
physical or mental disabilities and recognition of individuals with physical and mental
disabilities, mental health issues, and substance abuse issues. The training may be
threaded through the curriculum as opposed to a specific course within the curriculum.
Currently, most of the training required in the bill is included in the basic recruit training
programs (BRTPs), especially law enforcement BRTP. For instance, use of force, de-
escalation, diversity and mental health/crisis intervention are covered, but duty to
intervene is not. Additionally, the law enforcement BRTP is not broken down by lesson
hours. Therefore, it’s not possible to pinpoint how many hours are devoted to specific
topics, as they are threaded throughout the BRTP and within the scenario-based role play
and communication exercises…..4
According to the FDLE, CJSTC staff surveyed the state’s training centers and was provided the
following range/breakdown of hours included in the law enforcement BRTP for use of force, de-
escalation, diversity and mental health/crisis intervention:
 Use of Force: 26-152 hours.
 De-escalation: 22-90 hours.
 Diversity: 15-101 hours.
 Mental Health/Crisis Intervention: 6-78 hours.5
The FDLE also provided the following information on continued employment training:
In addition, in order to maintain their certification, law enforcement officers must satisfy
the continuing training and education requirements of s. 943.135, F.S. This statute
requires officers, as a condition of continued employment or appointment, to receive
continuing training or education at the rate of 40 hours every four years. The employing
agency must document continuing training or education is job-related and consistent with
the needs of the employing agency and report completion to CJSTC through the
Automated Training Management System (ATMS).6
Additional information on training is provided in the discussion below of subject matter
addressed by the bill.
Chokeholds and Neck Restraints
The case of George Floyd focused national attention on the use of chokeholds and neck restraints
and the duty on an officer to intervene when the officer witnesses another officer using excessive
force. Mr. Floyd, a resident of Minneapolis, was arrested and restrained by a Minneapolis police
officer named Derek Chauvin. According to news reports, for nearly nine minutes and despite
Mr. Floyd repeatedly complaining that he could not breathe, Officer Chauvin pinned Mr. Floyd’s
head to the ground by pressing his knee to the side of Mr. Floyd’s neck. It was also reported that
three other Minneapolis police officers at the scene who witnessed the neck restraint did not
4
2021 FDLE Legislative Bill Analysis (SB 1970) (March 8, 2021), Florida Department of Law Enforcement (on file with the
Senate Committee on Criminal Justice). This analysis is further cited as “2021 FDLE Legislative Bill Analysis (SB 1970).”
5
Id. “This information is based on the current 2020 law enforcement BRTP. The 2021 law enforcement BRTP, effective
July 1, 2021, includes additional training on these topics.” Id.
6
Id.
BILL: CS/SB 1970 Page 4
intervene to stop it. Mr. Floyd’s death was assessed to be a homicide and Officer Chauvin and
the witnessing officers were charged.7
There is a dispute over whether Minneapolis police officers were trained in the knee-to-neck
technique used on Mr. Floyd,8 but some law enforcement experts consider the technique to be
dangerous and unnecessary” and some police departments have banned its use.9
The FDLE states that “CJSTC considers excessive use of force as a moral character violation and
can discipline an officer’s certification for a sustained violation, including the use of any
technique if the use of that technique is deemed to be excessive by the officer’s employing
agency.”10
Use of Force
Section 776.05, F.S., provides that a law enforcement officer need not retreat or desist from
efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The
officer is justified in the use of any force:
 Which he or she reasonably believes to be necessary to defend himself or herself or another
from bodily harm while making the arrest;
 When necessarily committed in retaking felons who have escaped;11 or
 When necessarily committed in arresting felons fleeing from justice. However, this does not
constitute a defense in any civil action for damages brought for the wrongful use of deadly
force unless the use of deadly force12 was necessary to prevent the arrest from being defeated
by such flight and, when feasible, some warning had been given, and:
7
See, e.g., Timeline: Key events in the month since George Floyd’s death (June 25, 2020), Reuters, available at
https://www.reuters.com/article/us-minneapolis-police-usa-onemonth-timel/timeline-key-events-in-the-month-since-george-
floyds-death-idUSKBN23W1NR (last visited March 10, 2021) and Amir Vera, Independent autopsy and Minnesota officials
say George Floyd’s death was homicide (June 2, 2020), CNN, available at https://www.cnn.com/2020/06/01/us/george-
floyd-independent-autopsy/index.html (last visited March 10, 2021).
8
Gregory Hoyt, Report: Minneapolis Police Department training materials show knee-to-neck restraint similar to the one
used on Floyd (July 9, 2020), Law Enforcement Today, available at https://www.lawenforcementtoday.com/former-officer-
in-floyd-case-cites-mpd-training-on-neck-restraints/ (last visited March 10, 2021).
9
Scottie Andrew, The move used to restrain George Floyd is discouraged by most police. Here’s why (May 29, 2020), CNN,
available at https://www.cnn.com/2020/05/28/us/george-floyd-knee-to-neck-excessive-force-trnd/index.html (last visited
March 10, 2021).
10
2021 FDLE Legislative Bill Analysis (SB 1970), supra.
11
See s. 776.07, F.S., which provides that a law enforcement officer or other person who has an arrested person in his or her
custody is justified in the use of any force which he or she reasonably believes to be necessary to prevent the escape of the
arrested person from custody. The statute further provides that a correctional officer or other law enforcement officer is
justified in the use of force, including deadly force, which he or she reasonably believes to be necessary to prevent the escape
from a penal institution of a person whom the officer reasonably believes to be lawfully detained in such institution under
sentence for an offense or awaiting trial or commitment for an offense.
12
As applied to a law enforcement officer or correctional officer acting in the performance of his or her official duties, the
term “deadly force” means force that is likely to cause death or great bodily harm and includes, but is not limited to: the
firing of a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm;
and the firing of a firearm at a vehicle in which the person to be arrested is riding. Section 776.06(1), F.S. “Deadly force”
does not include the discharge of a firearm by a law enforcement officer or correctional officer during and within the scope of
his or her official duties which is loaded with a “less-lethal munition” (a projectile that is designed to stun, temporarily
incapacitate, or cause temporary discomfort to a person without penetrating the person’s body). Section 776.06(2)(a), F.S. A
BILL: CS/SB 1970 Page 5
 The officer reasonably believes that the fleeing felon poses a threat of death or serious
physical harm to the officer or others; or
 The officer reasonably believes that the fleeing felon has committed a crime involving the
infliction or threatened infliction of serious physical harm to another person.13
An excessive force claim under 42 U.S.C. s. 198314 which “arises in the context of an arrest or
investigatory stop of a free citizen … is most properly characterized as one invoking the
protections of the Fourth Amendment.”15 An “objective reasonableness” standard is used, the
“proper application” of which “requires careful attention to the facts and circumstances of each
particular case, including the severity of the crime at issue, whether the suspect poses an
immediate threat to the safety of the officers or others, and whether he is actively resisting arrest
or attempting to evade arrest by flight.”16 “The ‘reasonableness’ of a particular use of force must
be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20
vision of hindsight.”17 “The calculus of reasonableness must embody allowance for the fact that
police officers are often forced to make split-second judgments—in circumstances that are tense,
uncertain, and rapidly evolving—about the amount of force that is necessary in a particular
situation.”18
According to the FDLE, training on use of force is interwoven into the following curricula:
Basic Recruit Training
 Legal (64-hour course)
o Contains all of the legal terminology related to use of force;
o Firearms (80-hour course);
o Contains a section on making use-of-force decisions;
o Defensive tactics (80-hour course); and
o Contains a section on making use-of-force decisions.
 Conducted Electrical Weapon/Dart-Firing Stun Gun (8-hour course)
o Contains a section on making use-of-force decisions.
 Traffic Stops (30-hour course)
o Discusses discriminatory profiling and how to interact with drivers.
law enforcement officer is not liable in any civil or criminal action arising out of the use of any less-lethal munition in good
faith during and within the scope of his or her official duties. Section 776.06(2)(b), F.S.
13
Section 776.05, F.S. Law enforcement officers are also “eligible to assert Stand Your Ground immunity, even when the use
of force occurred in the course of making a lawful arrest.” See State v. Peraza, 259 So.3d 728, 733 (Fla. 2018), discussing
ss. 776.012 and 776.032(1), F.S.
14
“Section 1983 provides an individual the right to sue state government employees and others acting ‘under color of state
law’ for civil rights violations. Section 1983 does not provide civil rights; it is a means to enforce civil rights that already
exist.” Civil Rights in the United States, Law Library, Univ. of Minn. Law School, available at
https://libguides.law.umn.edu/c.php?g=125765&p=2893387#:~:text=Section%201983%20provides%20an%20individual,civi
l%20rights%20that%20already%20exist (last visited March 10, 2021).
15
Graham v. Connor, 490 U.S. 386, 394 (1989).
16
Id. at 396 (citation omitted).
17
Id.
18
Id. at