Florida 2024 2024 Regular Session

Florida House Bill H0801 Analysis / Analysis

Filed 03/14/2024

                     
This document does not reflect the intent or official position of the bill sponsor or House of Representatives. 
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DATE: 3/6/2024 
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS  
 
BILL #: CS/HB 801    Alzheimer's Disease and Related Dementia Training for Law Enforcement and 
Correctional Officers 
SPONSOR(S): Criminal Justice Subcommittee, Buchanan and others 
TIED BILLS:   IDEN./SIM. BILLS: CS/CS/SB 208 
 
 
 
 
FINAL HOUSE FLOOR ACTION: 117 Y’s 
 
0 N’s GOVERNOR’S ACTION: Pending 
 
 
SUMMARY ANALYSIS 
CS/HB 801 passed the House on February 22, 2024, and subsequently passed the Senate on March 4, 2024. 
 
Dementia is an overarching classification of diseases whose characteristic symptoms present as difficulties 
with memory, language, problem-solving, and other thinking skills.
 
Alzheimer’s disease is the most common 
form of dementia, accounting for an estimated 60 to 80 percent of all dementia cases. Alzheimer’s disease is 
an incurable, progressive brain disorder that damages nerve cells in the brain, leading to memory loss and 
changes in the functions of the brain, with symptoms worsening gradually over time.  
 
Sections 943.11 and 943.12, F.S., create the Criminal Justice Standards and Training Commission (CJSTC) 
within the Florida Department of Law Enforcement (FDLE) and require CJSTC to establish uniform minimum 
training standards for the training of officers in the various criminal justice disciplines. Section 943.13, F.S., 
requires all officer applicants to complete a CJSTC-approved basic recruit training program. After obtaining 
certification and as a condition of continued employment or appointment, s. 943.135, F.S., requires officers to 
receive at least 40 hours of CJSTC-approved continued employment training (CET) every four years.  
 
Section 943.17296, F.S., requires each certified law enforcement officer to complete training in identifying and 
investigating elder abuse and neglect as a part of his or her basic recruit training or as CET. Such training must 
include instruction on the identification of and appropriate responses to persons suffering from dementia and 
on identifying and investigating elder abuse and neglect. The CJSTC, however, does not currently offer 
specific post-basic training on Alzheimer’s disease or related forms of dementia.  
 
The bill creates s. 943.17299, F.S., to require FDLE to establish an online, continued employment training 
component relating to Alzheimer’s disease and related forms of dementia. Under the bill, the training 
component must be developed in consultation with the Department of Elder Affairs and include, but need not 
be limited to, instruction on interacting with persons with Alzheimer’s disease or a related form of dementia, 
including instruction on techniques for: 
 Recognizing behavioral symptoms and characteristics; 
 Effective communication; 
 Employing alternatives to using physical restraints; and 
 Identifying signs of abuse, neglect, or exploitation. 
 
The bill specifies that completion of the training component may count toward the 40 hours of instruction 
required for continued employment or appointment as a law enforcement officer, correctional officer, or 
correctional probation officer. 
 
The bill will have an insignificant negative impact on FDLE associated with the costs of developing and 
implementing the new training component. See Fiscal Analysis & Economic Impact Statement. 
 
Subject to the Governor’s veto powers, the effective date of this bill is October 1, 2024.    
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I. SUBSTANTIVE INFORMATION 
 
A. EFFECT OF CHANGES:  
 
Background 
 
Dementia 
 
Dementia is an overarching classification of diseases whose characteristic symptoms present as 
difficulties with memory, language, problem-solving, and other thinking skills.
1
 Dementia affects millions 
of people and is more common as people grow older, with about one-third of all people age 85 or older 
developing some form of dementia.
2
 
 Alzheimer’s Disease 
Alzheimer’s disease is the most common form of dementia, accounting for an estimated 60 to 80 
percent of all dementia cases.
3
 Alzheimer’s disease is an incurable, progressive brain disorder that 
damages nerve cells in the brain, leading to memory loss and changes in the functions of the brain, 
with symptoms worsening gradually over time. Individuals with Alzheimer’s disease may develop 
changes in mood, personality, or behavior. A common behavior that individuals with Alzheimer’s 
disease frequently develop is wandering.
4
 Wandering occurs when a person leaves the safety of a 
responsible caregiver or a safe area and cannot retrace their steps, often becoming lost.
5
 
Approximately 12 to 60 percent of individuals with a cognitive disability wander and approximately five 
percent of wandering instances result in physical harm to the disabled person.
6
  
 
There are an estimated 6.93 million people in the United States with Alzheimer’s disease.
7
 By 2060, the 
number of people with Alzheimer’s disease in the U.S. is expected to double to a projected 13.85 
million people.
8
 
Florida has the second highest prevalence of Alzheimer’s disease in the country. Currently, 
approximately 580,000 Floridians over the age of 65 have Alzheimer’s disease; however, it is estimated 
that by 2025, that number will rise to 720,000.
9
  
Law Enforcement, Corrections, and Alzheimer’s Disease 
 
Law enforcement officers regularly interact with individuals exhibiting Alzheimer’s disease symptoms, 
such as confusion, disorientation, and wandering. Individuals with Alzheimer’s disease often cannot ask 
for help and may not even recognize they need help. One researcher estimated that an average 
search-and-rescue operation for an individual with Alzheimer’s disease lasts about 9 hours.
10
 
                                                
1
 Alzheimer’s Association, 2023 Alzheimer’s Disease Facts and Figures, https://www.alz.org/media/documents/alzheimers-facts-and-
figures.pdf (last visited Mar. 4, 2024).  
2
 National Institute on Aging, What Is Dementia? Symptoms, Types, and Diagnosis, https://www.nia.nih.gov/health/alzheimers-and-
dementia/what-dementia-symptoms-types-and-diagnosis (last visited Mar. 4, 2024). 
3
 Alzheimer’s Association, supra note 1, at 7. 
4
 Alzheimer’s Association, supra note 1, at 5. 
5
 Id.  
6
 Joseph Wherton, et al., Wandering as a Sociomaterial Practice: Extending the Theorization of GPS Tracking in Cognitive Impairment, 
29 Qual. Health Res., (Sept. 14, 2018), 
https://journals.sagepub.com/doi/10.1177/1049732318798358#articleCitationDownloadContainer (last visited Mar. 4, 2024). 
7
 Kumar B. Rajan, Ph.D., et al., Population Estimate of People with Clinical AD and Mild Cognitive Impairment in the United States 
(2020-2060), 17 Alzheimers Dement. 12, (May 27, 2021). 
8
 Id. 
9
 Florida Department of Elder Affairs, 2023 Alzheimer’s Disease Advisory Committee Annual Report, https://elderaffairs.org/wp-
content/uploads/ADAC-Report-2023.pdf (last visited Mar. 4, 2024). 
10
 Federal Bureau of Investigation, Law Enforcement Bulletin, Robert Schaefer and Julie McNiff, Awareness of Alzheimer’s Disease, 
https://leb.fbi.gov/articles/featured-articles/awareness-of-alzheimers-disease (last visited Mar. 4, 2024).   
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Additionally, in roughly a decade, it is estimated that older prisoners will make up a third of the prison 
population and many of them will develop dementia.
11
 Those prisoners who develop dementia may no 
longer comprehend prison rules and as a result may appear to corrections officers to be acting out and 
may also become increasingly vulnerable to abuse from other inmates.
12
  
 
Moreover, individuals with dementia who are released on probation create challenges for correctional 
probation officers as they often experience difficulties meeting supervision requirements.
13
 
 
Criminal Justice Officer Training 
 
Sections 943.11 and 943.12, F.S., create the Criminal Justice Standards and Training Commission 
(CJSTC) within the Florida Department of Law Enforcement (FDLE) and require CJSTC to establish 
uniform minimum training standards for the training of officers
14
 in the various criminal justice 
disciplines.
15
 Section 943.13, F.S., requires all officer applicants to complete a CJSTC-approved basic 
recruit training program.
16
 
 
After obtaining certification and as a condition of continued employment or appointment, s. 943.135, 
F.S., requires officers to receive at least 40 hours of CJSTC-approved continued employment training 
(CET) every four years. The employing agency must document that the CET is job-related and 
consistent with the needs of the employing agency, and report training completion to the CJSTC 
through the Automated Training Management System.
17
 
 
Current Florida law requires FDLE to develop CET relating to various special topics, such as training 
related to diabetic emergencies
18
, autism spectrum disorder
19
, and identifying and investigating elder 
abuse and neglect
20
.  
 
Section 943.17296, F.S., requires each certified law enforcement officer to complete training in 
identifying and investigating elder abuse and neglect as a part of his or her basic recruit training or as 
CET. Such training must include instruction on the identification of and appropriate responses to 
persons suffering from dementia and on identifying and investigating elder abuse and neglect.  
 
The CJSTC, however, does not currently offer specific post-basic training on Alzheimer’s disease or 
related forms of dementia. 
 
 
Effect of the Bill 
 
The bill creates s. 943.17299, F.S., to require FDLE to establish an online, continued employment 
training component relating to Alzheimer’s disease and related forms of dementia. Under the bill, the 
training component must be developed in consultation with the Department of Elder Affairs and include, 
                                                
11
 Sara Novak, Dementia in Prison Is Turning into an Epidemic: The U.S. Penal System Is Badly Unprepared, Scientific American (Sept. 
27, 2022), https://www.scientificamerican.com/article/dementia-in-prison-is-turning-into-an-epidemic-the-u-s-penal-system-is-badly-
unprepared/ (last visited Mar. 4, 2024). 
12
 Id. 
13
 Tonya B. Van Deinse, et al., Probation Officers’ and Supervisors’ Perspectives on Critical Resources for Implementing Specialty 
Mental Health Probation, 48 Adm. Policy Ment. Health 408, (2021), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7956054/ (last 
visited Mar. 4, 2024). 
14
 Section 943.10, F.S., defines “officer” to mean any person employed or appointed as a full-tme, part-time, or auxiliary law 
enforcement officer, correctional officer, or correctional probation officer. 
15
 S. 943.12(5), F.S. 
16
 S. 943.13(9), F.S. 
17
 FDLE, Agency Analysis of 2024 House Bill 801, p. 5 (Dec. 8, 2023)(on file with the House Criminal Justice Subcommittee).  
18
 S. 943.1726, F.S. 
19
 S. 943.1727, F.S. 
20
 S. 943.17296, F.S.   
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but need not be limited to, instruction on interacting with persons with Alzheimer’s disease or a related 
form of dementia, including instruction on techniques for: 
 Recognizing behavioral symptoms and characteristics; 
 Effective communication; 
 Employing alternatives to using physical restraints; and 
 Identifying signs of abuse, neglect, or exploitation. 
 
The bill provides that completion of the training component may count toward the 40 hours of 
instruction required for continued employment or appointment as a law enforcement officer, correctional 
officer, or correctional probation officer. 
 
Subject to the Governor’s veto powers, the effective date of this bill is October 1, 2024. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
 
None. 
 
2. Expenditures: 
 
The bill may have an insignificant negative impact on FDLE expenditures due to costs of developing 
and implementing the new online continued education training component required by the bill. 
FDLE estimates that the total cost to develop and implement the training component will be 
approximately $11,000.
21
 However, this cost can be absorbed within existing resources.  
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
 
None. 
 
2. Expenditures: 
 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
 
None. 
 
D. FISCAL COMMENTS: 
 
None. 
                                                
21
 FDLE, supra at note 17.