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 Committee on Criminal Justice BILL: SB 864 INTRODUCER: Senator Collins SUBJECT: Autism Spectrum Disorder Training for Law Enforcement Officers DATE: January 22, 2024 ANALYST STAFF DIRECTOR REFERENCE ACTION 1. Vaughan Stokes CJ Pre-meeting 2. ACJ 3. FP I. Summary: SB 864 amends s. 943.1727, F.S., requiring a training component relating to individuals with autism spectrum disorder. The bill specifies that the training may count toward the 40 hours of instruction for continued employment or for appointment as a law enforcement officer. This would apply to both the Criminal Justice Standards and Training Commission (CJSTC) advanced/specialized programs and to the basic recruit training for those seeking to become a certified law enforcement officer in Florida. The bill also specifies that the training may include at least 4 hours of in-person instruction in the techniques and procedures including: The nature and manifestation of autism spectrum disorders; Appropriate techniques for interviewing or interrogating an individual with autism spectrum disorder, including techniques to ensure the legality of statements made by the individual and techniques used to protect the right of the individual; Techniques for locating an individual with autism spectrum disorder who runs away and is in danger and for returning that individual while causing as little stress as possible to the individual; Techniques for recognizing the agency of an individual with autism spectrum disorder while identifying potential abusive or coercive situations; Techniques for deescalating a potentially dangerous situation to maximize the safety of both the officer and the individual with autism spectrum disorder; Techniques for differentiating an individual with autism spectrum disorder from an individual who is belligerent, uncooperative, or otherwise displaying traits similar to the characteristics of an individual with autism spectrum disorder and understanding the law as it relates to the use of the Baker Act against an individual with autism spectrum disorder; Procedures to identify and address challenges related to the safety and wellbeing of individuals with autism spectrum disorder in a correctional facility; and REVISED: BILL: SB 864 Page 2 The impact of interaction with officers on individuals with autism spectrum disorder. The Florida Department of Law Enforcement has reported a fiscal impact of $260,832. See Part V. Fiscal Impact Statement. The bill takes effect July 1, 2024. II. Present Situation: Criminal Justice Standards and Training Commission (CJSTC) The CJSTC is established under s. 943.11, F.S. The commission is an independent policy making body that 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. 1 Minimum Qualifications An individual must be at least 19 years of age to become a certified law enforcement officer or a certified correctional probation officer and must be at least 18 years of age to become a certified correctional officer. Additionally, the individual must be a citizen of the United States, not have been convicted of a felony or received a dishonorable discharge from the military, pass a physical exam, and have good moral character as determined by a background investigation. Certification as a law enforcement officer or correctional officer requires a high school diploma or equivalent (GED). Certification as a correctional probation officer requires a bachelor’s degree. 2,3 Autism Training In 2017, s. 943.1727, F.S., was amended to include autism training for law enforcement officers. This training may be counted toward the 40 hours of instruction for continued employment or appointment as a law enforcement officer under s. 943.135, F.S. 4 1 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 January 18, 2024). 2 Office of Program Policy Analysis and Governmental Accountability, Department of Law Enforcement Criminal Justice Professionalism Services, https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=1065 (last visited January 18, 2024). 3 Section 943.13, F.S. 4 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 4 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. Section 943.135, F.S. BILL: SB 864 Page 3 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. 5 Currently, the Florida Law Enforcement Academy Basic Recruit Training Program (LEBRT or Basic Recruit) is set at 770 hours of instruction time. The Basic Recruit has a lesson in place on interacting with people with autism that addresses topics relating to the autism spectrum disorder. Training is included in an optional 4-hour Specialized Course, Autism Spectrum Disorder and Awareness. The LEBRT program also includes information on interviewing people with autism spectrum disorder and responding to missing persons incidents involving people with autism spectrum disorder. 6 III. Effect of Proposed Changes: The bill amends s. 943.1727, F.S., requiring a training component relating to individuals with autism spectrum disorder. The bill specifies that the training may count toward the 40 hours of instruction for continued employment or for appointment as a law enforcement officer. This would apply to both the CJSTC’s advanced/specialized programs and to the basic recruit training for those seeking to become certified law enforcement officers in Florida. The bill also specifies that the training may include at least 4 hours of in-person instruction in the techniques and procedures including: The nature and manifestation of autism spectrum disorders; Appropriate techniques for interviewing or interrogating an individual with autism spectrum disorder, including techniques to ensure the legality of statements made by the individual and techniques used to protect the right of the individual; Techniques for locating an individual with autism spectrum disorder who runs away and is in danger and for returning that individual while causing as little stress as possible to the individual; Techniques for recognizing the agency of an individual with autism spectrum disorder while identifying potential abusive or coercive situations; Techniques for deescalating a potentially dangerous situation to maximize the safety of both the officer and the individual with autism spectrum disorder; Techniques for differentiating an individual with autism spectrum disorder from an individual who is belligerent, uncooperative, or otherwise displaying traits similar to the characteristics of an individual with autism spectrum disorder and understanding the law as it relates to the use of the Baker Act against an individual with autism spectrum disorder; Procedures to identify and address challenges related to the safety and wellbeing of individuals with autism spectrum disorder in a correctional facility; and The impact of interaction with officers on individuals with autism spectrum disorder. 5 Section 627.6686, F.S. 6 2024 FDLE Legislative Bill Analysis, January 6, 2024 (on file with the Senate Committee on Criminal Justice). BILL: SB 864 Page 4 The bill provides a definition for “agency” as the ability to make independent decisions and act in one’s own best interests. The bill provides a definition of “autism spectrum disorder” as found in s. 627.6686(2)(b), F.S. 7 Increasing the overall number of hours for basic recruit training would require the CJSTC approval and approval by the Department of Education be completed and approved before the training would become effective. The bill takes effect July 1, 2024. IV. Constitutional Issues: A. Municipality/County Mandates Restrictions: None. B. Public Records/Open Meetings Issues: None. C. Trust Funds Restrictions: None. D. State Tax or Fee Increases: None. E. Other Constitutional Issues: None identified. V. Fiscal Impact Statement: A. Tax/Fee Issues: None. B. Private Sector Impact: None. 7 Section 627.6686(2)(b), F.S., defines “autism spectrum disorder” as Autism spectrum disorder means 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: 1. Autistic disorder. 2. Asperger’s syndrome. 3. Pervasive developmental disorder not otherwise specified. BILL: SB 864 Page 5 C. Government Sector Impact: The FDLE has advised that the added workload, 2 additional FTE, and technology costs would require $260,832 in expenditures. 8 VI. Technical Deficiencies: None. VII. Related Issues: None. VIII. Statutes Affected: This bill substantially amends section 943.1727 of the Florida Statutes. IX. Additional Information: A. Committee Substitute – Statement of Changes: (Summarizing differences between the Committee Substitute and the prior version of the bill.) None. B. Amendments: None. This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate. 8 2024 FDLE Legislative Bill Analysis, January 6, 2024 (on file with the Senate Committee on Criminal Justice).