This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0829.CRJ
DATE: 1/28/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 829 Autism Spectrum Disorder Training for Law Enforcement Officers
SPONSOR(S): Stark and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 864
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee Butcher Hall
2) Justice Appropriations Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
Autism spectrum disorder (ASD) is a developmental disability caused by differences in the brain. People with
ASD may behave, communicate, interact, and learn in ways that are different from most other people, and the
abilities of people with ASD can vary significantly. People with ASD may experience difficulty with
communication and social interaction.
The Criminal Justice Standards and Training Commission (CJSTC) is established within the Florida
Department of Law Enforcement. Section 943.13, F.S., requires all law enforcement 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 law enforcement officers to receive at least
40 hours of CJSTC-approved continued employment training (CET) every four years.
In 2017, s. 943.1727, F.S., was created to establish a CET component for law enforcement officers relating to
ASD. The current training component is required to include instruction on recognizing the symptoms and
characteristics of persons with ASD and appropriate responses to a person exhibiting such symptoms and
characteristics. The training may be counted toward the 40 hours of instruction for CET and is currently
included in an optional four-hour course.
HB 829 amends s. 943.1727, F.S., to require the CJSTC to establish a training component relating to
individuals with ASD; require all recruits and officers to receive the employment training component; and
specify that the training component may count toward the required 40 hours of CET for continued employment
or appointment as a law enforcement officer. Under the bill, the training component may include at least four
hours of in-person instruction in:
Appropriate techniques for interviewing or interrogating individuals with ASD;
Techniques for locating and returning individuals with ASD who run away and are in danger;
Techniques for recognizing the agency of individuals with ASD while identifying potential abusive or
coercive situations;
Techniques for deescalating potentially dangerous situations to maximize the safety of officers and
individuals with ASD;
Techniques for differentiating individuals with ASD from individuals who are belligerent, uncooperative,
or otherwise displaying traits similar to the characteristics of individuals with ASD;
Procedures to identify and address challenges related to the safety and wellbeing of individuals with
ASD in a correctional facility; and
The impact of interaction with law enforcement on individuals with ASD.
The bill may have an indeterminate negative impact on FDLE by requiring the development and
implementation of a new employment training component.
The bill provides an effective date of July 1, 2024. STORAGE NAME: h0829.CRJ PAGE: 2
DATE: 1/28/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Autism Spectrum Disorder
Autism spectrum disorder (ASD) is a developmental disability caused by differences in the brain.
1
People with ASD may behave, communicate, interact, and learn in ways that are different from most
other people, and the abilities of people with ASD can vary significantly.
2
Conditions such as anxiety,
depression, or attention-deficit/hyperactivity disorder occur more often in people with ASD than in
people without ASD, and people with ASD may experience difficulty with communication and social
interaction.
3
Criminal Justice Standards and Training Commission
The Criminal Justice Standards and Training Commission (CJSTC) is established within the Florida
Department of Law Enforcement under ss. 943.11 and 943.12, F.S. The CJSTC ensures that Florida’s
criminal justice officers are ethical, qualified, and well-trained. The commission is responsible for
creating entry-level curricula and certification testing for criminal justice officers in Florida, establishing
minimum standards for employment and certification, and revoking the certification of officers who fail
to maintain these minimum standards of conduct.
4
Section 943.13, F.S., requires all law enforcement officer applicants to complete a CJSTC-approved
basic recruit training program.
5
After obtaining certification and as a condition of continued employment
or appointment, s. 943.135, F.S., requires law enforcement officers to receive at least 40 hours of
CJSTC-approved continued employment training (CET) every four years. The officer’s 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.
6
Autism Training
In 2017, s. 943.1727, F.S., was created to establish a continued employment training component
relating to autism spectrum disorder, as defined in s. 627.6686, F.S.
Section 627.6686(2)(b), F.S., defines “autism spectrum disorder” to mean any of the following disorders
as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the
American Psychiatric Association:
Autistic disorder.
Asperger’s syndrome.
Pervasive developmental disorder not otherwise specified.
Section 943.1727 requires the current training component to include, at a minimum, instruction on the
recognition of the symptoms and characteristics of persons with autism spectrum disorder and
appropriate responses to a person exhibiting such symptoms and characteristics. Such training may be
1
Centers for Disease Control and Prevention, What is Autism Spectrum Disorder, https://www.cdc.gov/ncbddd/autism/facts.html (last
visited Jan. 26, 2024).
2
Id.
3
Id.
4
Florida Department of Law Enforcement, Criminal Justice Professionalism Division, Overview of the Professionalism Division,
https://www.fdle.state.fl.us/CJSTC/Overview.aspx (last visited Jan. 26, 2024).
5
S. 943.13(9), F.S.
6
FDLE, Agency Analysis of 2024 House Bill 801, p. 5 (Dec. 8, 2023)(on file with the House Criminal Justice Subcommittee). STORAGE NAME: h0829.CRJ PAGE: 3
DATE: 1/28/2024
counted toward the 40 hours of instruction for continued employment or appointment as a law
enforcement officer as required under s. 943.135, F.S.
7
FDLE reports that there are multiple current training offerings related to law enforcement interactions
with persons with ASD including:
Autism Spectrum Disorder and Awareness (an optional four-hour specialized course);
Lessons on interacting with people with autism, including interviewing people with ASD and
responding to missing persons incidents involving people with ASD (included as part of the
Florida Law Enforcement Academy Basic Recruit Training Program); and
Autism Awareness Telecommunicator and Autism Spectrum Disorders and Interviews (online
courses that can be taken as part of an officer’s mandatory retraining, but that were not
developed by the CJSTC.)
8
Effect of Proposed Changes
The bill amends s. 943.1727, F.S., to require CJSTC to establish an employment training component
relating to individuals with ASD.
Under the bill, the training component may include at least four hours of in-person instruction in:
The nature and manifestation of ASD;
Appropriate techniques for interviewing or interrogating individuals with ASD, including
techniques to ensure the legality of statements made by individuals and techniques used to
protect the rights of individuals;
Techniques for locating individuals with ASD who run away and are in danger and for returning
those individuals while causing them as little stress as possible;
Techniques for recognizing the agency of individuals with ASD while identifying potential
abusive or coercive situations;
Techniques for deescalating a potentially dangerous situation to maximize the safety of officers
and individuals with ASD;
Techniques for differentiating individuals with ASD from individuals who are belligerent,
uncooperative, or otherwise displaying traits similar to the characteristics of individuals with
ASD and understanding the law as it relates to the use of the Baker Act against individuals with
ASD;
Procedures to identify and address challenges related to the safety and wellbeing of individuals
with ASD in a correctional facility; and
The impact of interaction with officers on individuals with ASD.
The bill requires all recruits to receive the employment training component relating to individuals with
ASD, and specifies that such training component may be taught as part of other relevant parts of
training. Additionally, the bill requires CJSTC to establish a rule that each officer receive instruction in
the procedures and techniques described in the bill as part of the required instruction for continued
employment or appointment as an officer.
The bill also provides a definition for “agency” as the ability to make independent decisions and act in
one’s own best interests, and “autism spectrum disorder” is defined the same as in s. 627.6686(2), F.S.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
7
The commission shall, by rule, adopt a program that requires all officers, as a condition of continued employment or appointment as
officers, to receive periodic commission-approved continuing training or education. Such continuing training or education shall be
required at the rate of 40 hours every four years. No officer shall be denied a reasonable opportunity by the employing agency to
comply with this section. The employing agency must document that the continuing training or education is job-related and consistent
with the needs of the employing agency. The employing agency must maintain and submit, or electronically transmit, the documentation
to the commission, in a format approved by the commission. S. 943.135, F.S.
8
2024 FDLE Legislative Bill Analysis, January 6, 2024 (on file with the House Criminal Justice Subcommittee). STORAGE NAME: h0829.CRJ PAGE: 4
DATE: 1/28/2024
Section 1: Amends s. 943.1727, F.S, relating to continued employment training relating to autism
spectrum disorder.
Section 2: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may have an indeterminate negative impact on FDLE by requiring the development and
implementation of a new employment training component.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill requires CJSTC to establish a rule requiring officers to receive specified instruction in the
procedures and techniques described in the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
STORAGE NAME: h0829.CRJ PAGE: 5
DATE: 1/28/2024
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES