(1) For the purposes of this section, the term:
(a) “Chokehold” means the intentional and prolonged application of force to the throat, windpipe, or airway of another person that prevents the intake of air. The term does not include any hold involving contact with another person’s neck that is not intended to prevent the intake of air.
(b) “Excessive use of force” means use of force that exceeds the degree of force permitted by law, policy, or the observing officer’s employing agency.
(2) The commission shall establish standards for the instruction of officers in the subject of use of force, and each employing agency in the state shall adopt policies in the subject of use of force. The standards and policies must include:
(a) Instruction on the proportional use of force.
(b) Alternatives to use of force, including de-escalation techniques.
(c) Limiting the use of a chokehold, if the employing agency authorizes the use of a chokehold, to circumstances where the officer perceives an immediate threat of serious bodily injury or death to himself, herself, or another person.
(d) The duty to intervene in another officer’s excessive use of force, which must require an on-duty officer who observes another officer engaging or attempting to engage in excessive use of force to intervene to end the excessive use of force or attempted excessive use of force when such intervention is reasonable based on the totality of the circumstances and the observing officer may intervene without jeopardizing his or her own health or safety.
(e) The duty to render medical assistance following use of force, which must require an officer who knows, or when it is otherwise evident, that a person who is detained or in custody is injured or requires medical attention to provide first aid or seek medical assistance when such action is reasonable based on the totality of the circumstances and the officer may do so without jeopardizing his or her own health or safety.
(f) Instruction on the recognition of the evident symptoms and characteristics of an individual with a substance abuse disorder or a mental illness and appropriate responses to an individual exhibiting such symptoms or characteristics.
(3) Beginning July 1, 2023, every basic skills course required in order for officers to obtain initial certification must include the standards for instruction required under this section.
History.—s. 5, ch. 2021-241.
Structure Florida Statutes
Title XLVII - Criminal Procedure and Corrections
Chapter 943 - Department of Law Enforcement
943.03 - Department of Law Enforcement.
943.031 - Florida Violent Crime and Drug Control Council.
943.03101 - Counter-Terrorism Coordination.
943.0311 - Chief of Domestic Security; Duties of the Department With Respect to Domestic Security.
943.0312 - Regional Domestic Security Task Forces.
943.0313 - Domestic Security Oversight Council.
943.0314 - Public Records and Public Meetings Exemptions; Domestic Security Oversight Council.
943.032 - Financial Crime Analysis Center and Financial Transaction Database.
943.041 - Crimes Against Children Criminal Profiling Program.
943.0412 - Identity Theft and Fraud Grant Program.
943.042 - Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account.
943.0433 - Soliciting for Prostitution Public Database.
943.0435 - Sexual Offenders Required to Register With the Department; Penalty.
943.0436 - Duty of the Court to Uphold Laws Governing Sexual Predators and Sexual Offenders.
943.0437 - Commercial Social Networking Websites.
943.0438 - Athletic Coaches for Independent Sanctioning Authorities.
943.045 - Definitions; Ss. 943.045-943.08.
943.046 - Notification of Criminal Offender Information.
943.05 - Criminal Justice Information Program; Duties; Crime Reports.
943.051 - Criminal Justice Information; Collection and Storage; Fingerprinting.
943.0515 - Retention of Criminal History Records of Minors.
943.052 - Disposition Reporting.
943.0525 - Criminal Justice Information Systems; Use by State and Local Agencies.
943.053 - Dissemination of Criminal Justice Information; Fees.
943.0535 - Aliens, Criminal Records.
943.054 - Exchange of Federal Criminal History Records and Information.
943.0542 - Access to Criminal History Information Provided by the Department to Qualified Entities.
943.0543 - National Crime Prevention and Privacy Compact; Ratification and Implementation.
943.0544 - Criminal Justice Information Network and Information Management.
943.056 - Criminal History Records; Access, Review, and Challenge.
943.057 - Access to Criminal Justice Information for Research or Statistical Purposes.
943.0575 - Public Access to Records.
943.0578 - Lawful Self-Defense Expunction.
943.0581 - Administrative Expunction for Arrests Made Contrary to Law or by Mistake.
943.0582 - Diversion Program Expunction.
943.0583 - Human Trafficking Victim Expunction.
943.0585 - Court-Ordered Expunction of Criminal History Records.
943.059 - Court-Ordered Sealing of Criminal History Records.
943.0595 - Automatic Sealing of Criminal History Records.
943.06 - Criminal and Juvenile Justice Information Systems Council.
943.08 - Duties; Criminal and Juvenile Justice Information Systems Council.
943.081 - Public Safety System Information Technology Resources; Guiding Principles.
943.082 - School Safety Awareness Program.
943.09 - Criminal Justice Professionalism Program.
943.10 - Definitions; Ss. 943.085-943.255.
943.11 - Criminal Justice Standards and Training Commission; Membership; Meetings; Compensation.
943.12 - Powers, Duties, and Functions of the Commission.
943.13 - Officers’ Minimum Qualifications for Employment or Appointment.
943.131 - Temporary Employment or Appointment; Minimum Basic Recruit Training Exemptions.
943.134 - Release of Employee Information by Employers.
943.135 - Requirements for Continued Employment.
943.137 - Establishment of Qualifications and Standards Above the Minimum.
943.1397 - Officer Certification Examinations; Fee.
943.146 - Securing of Copyrights by the Department and Sale of Department Work Products.
943.1701 - Uniform Statewide Policies and Procedures; Duty of the Commission.
943.1702 - Collection of Statistics on Domestic Violence.
943.171 - Basic Skills Training in Handling Domestic Violence Cases.
943.1715 - Basic Skills Training Relating to Diverse Populations.
943.1716 - Continued Employment Training Relating to Diverse Populations.
943.1717 - Use of Dart-Firing Stun Guns.
943.1718 - Body Cameras; Policies and Procedures.
943.1719 - Basic Skills Training Relating to the Use of Electronic Databases.
943.17191 - Continued Employment Training Relating to the Use of Electronic Databases.
943.172 - Basic Skills Training in Victims Assistance and Rights.
943.1724 - Sexual Assault Investigation Training.
943.1726 - Continued Employment Training Relating to Diabetic Emergencies.
943.17261 - Department of Law Enforcement; Training Related to Medical Use of Marijuana.
943.1727 - Continued Employment Training Relating to Autism Spectrum Disorder.
943.1728 - Basic Skills Training Relating to the Protection of Archaeological Sites.
943.1729 - Skills Training Relating to Community Policing.
943.17291 - Basic Skills Training in Juvenile Sexual Offender Investigation.
943.17295 - Continued Employment Training Relating to Juvenile Sexual Offender Investigation.
943.17296 - Training in Identifying and Investigating Elder Abuse and Neglect.
943.17297 - Continuing Employment Training in Identifying and Investigating Human Trafficking.
943.173 - Examinations; Administration; Materials Not Public Records; Disposal of Materials.
943.1735 - Basic Skills Training Related to Use of Force; Use of Force Policies; Contents.
943.1740 - Standards for Use of Force Investigations.
943.1745 - Training Relating to Officer Health and Wellness Principles.
943.1755 - Florida Criminal Justice Executive Institute.
943.1757 - Criminal Justice Executives; Training; Policy Report.
943.1758 - Curriculum Revision for Diverse Populations; Skills Training.
943.18 - Compensation and Benefits Study; Recommendation.
943.22 - Salary Incentive Program for Full-Time Officers.
943.25 - Criminal Justice Trust Funds; Source of Funds; Use of Funds.
943.253 - Exemption; Elected Officers.
943.255 - Effect of Chs. 80-71 and 81-24 on Prior Rules and Administrative Proceedings.
943.256 - Criminal Justice Selection Centers; Creation.
943.2563 - Advisory Board Organization; Center Oversight.
943.2564 - Center Supervision; Role of Directing School or Directing Agency.
943.2565 - Centralized Information Centers on Prospective Employment Candidates.
943.2566 - Promotions; Feasibility Study to Establish Pool of Evaluators to Assess Qualifications.
943.2567 - Operation and Administration Accounts; Annual Budget.
943.2568 - Advisory Boards; Expense Reimbursement.
943.257 - Independent Audit Documentation Subject to Inspection.
943.32 - Statewide Criminal Analysis Laboratory System.
943.3251 - Postsentencing DNA Testing.
943.326 - DNA Evidence Collected in Sexual Offense Investigations.
943.33 - State-Operated Criminal Analysis Laboratories.
943.34 - Powers and Duties of Department in Relation to State-Operated Laboratories.
943.35 - Funding for Existing Laboratories.
943.36 - Submission of Annual Budget.
943.361 - Statewide Criminal Analysis Laboratory System; Funding Through Fine Surcharges.
943.362 - Forfeiture and Investigative Support Trust Fund.
943.365 - Federal Law Enforcement Trust Fund.
943.366 - Federal Grants Trust Fund.
943.367 - Administrative Trust Fund.
943.37 - Option to Become State-Operated Laboratory; Operational Control.
943.403 - Rulemaking; Criminal Justice Program.
943.601 - Preservation of Legislative Powers.
943.61 - Powers and Duties of the Capitol Police.
943.611 - Director of Capitol Police.
943.62 - Investigations by the Capitol Police.
943.63 - Arrest by the Capitol Police.
943.66 - Rules; Facilities Program, Capitol Police; Traffic Regulation.
943.68 - Transportation and Protective Services.
943.681 - Capitol Police Program; Funding.
943.685 - Authority to Purchase Good Will and Promotional Materials.
943.686 - Unauthorized Use of Department of Law Enforcement Emblems or Names Prohibited.
943.687 - Marjory Stoneman Douglas High School Public Safety Commission.
943.6871 - Criminal Justice Data Transparency.