THE BILL ITSELF
SB 1284
Arrest and Search Warrants
Florida Senate - 2026 SB 1284 By Senator Martin 33-00883-26 20261284__
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A bill to be entitled
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An act relating to arrest and search warrants;
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amending s. 901.02, F.S.; authorizing a judge to issue
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an arrest warrant or issue a summons or a notice to
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appear in lieu of an arrest warrant under specified
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circumstances if a complaint alleges only the
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commission of a misdemeanor offense; amending s.
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901.09, F.S.; authorizing, rather than requiring, a
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trial court judge to issue a summons under specified
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circumstances when a complaint is for a misdemeanor
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that the trial court judge is not empowered to try
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summarily; amending s. 901.15, F.S.; expanding the
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circumstances under which an arrest by an officer
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without a warrant is lawful to include when there is
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probable cause to believe that a person has committed
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a criminal act in violation of an injunction for
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protection against stalking or cyberstalking or has
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committed an act that constitutes driving under the
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influence or boating under the influence; amending s.
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933.02, F.S.; expanding the circumstances under which
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a search warrant may be issued to include when a
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sample of the blood of a person or other property
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constitutes evidence of driving under the influence or
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boating under the influence, when the laws in relation
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to domestic violence are violated in any particular
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building or place, and when the laws in relation to
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any misdemeanor crime that involves the use or threat
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of physical force or violence against an individual
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are violated; reenacting s. 901.1501(2) and (3), F.S.,
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relating to immediate arrest of a person with a
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significant medical condition, to incorporate the
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amendments made to ss. 901.02 and 901.15, F.S., in
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references thereto; reenacting ss. 20.165(9)(b),
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39.504(5), 321.05(1), 570.65(2), 741.30(6)(d), and
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784.0485(6)(c) and (9)(b), F.S., relating to the
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Department of Business and Professional Regulation;
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enforcement of certain injunctions; duties, functions,
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and powers of patrol officers; law enforcement
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officers of the Department of Agriculture and Consumer
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Services; enforcement of domestic violence
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injunctions; and enforcement of stalking injunctions;
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respectively, to incorporate the amendment made to s.
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901.15, F.S., in references thereto; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (2) of section 901.02, Florida
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Statutes, is amended to read:
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901.02 Issuance of arrest warrants.—
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(2) If a complaint alleges only the commission of a
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misdemeanor offense, a judge may either The court may issue a
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warrant for the defendant’s arrest when all of the following
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circumstances apply :
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(a) Issue an arrest warrant in accordance with subsection
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(1); or A complaint has been filed charging the commission of a
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misdemeanor only.
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(b) Issue a summons pursuant s. 901.09(2) or a notice to
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appear in lieu of an arrest warrant if she or he reasonably
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believes that the person against whom the complaint was made
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will appear upon the summons or notice to appear and does not
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believe that special conditions of pretrial release are
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necessary to protect a victim or the community The summons
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issued to the defendant has been returned unserved .
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(c) The conditions of subsection (1) are met.
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Section 2. Subsection (2) of section 901.09, Florida
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Statutes, is amended to read:
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901.09 When summons shall be issued.—
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(2) When the complaint is for a misdemeanor that the trial
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court judge is not empowered to try summarily, the trial court
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judge may shall issue a summons instead of a warrant if she or
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he reasonably believes that the person against whom the
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complaint was made will appear upon a summons and does not
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believe that special conditions of pretrial release are
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necessary to protect a victim or the community .
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Section 3. Subsections (6) and (9) of section 901.15,
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Florida Statutes, are amended to read:
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901.15 When arrest by officer without warrant is lawful.—A
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law enforcement officer may arrest a person without a warrant
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when:
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(6) There is probable cause to believe that the person has
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committed a criminal act according to s. 790.233 or according to
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s. 741.31, s. 784.047, s. 784.0487, or s. 825.1036 which
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violates an injunction for protection entered pursuant to s.
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741.30, s. 784.046, s. 784.0485, or s. 825.1035 or a foreign
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protection order accorded full faith and credit pursuant to s.
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741.315, over the objection of the petitioner, if necessary.
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(9) There is probable cause to believe that the person has
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committed any of the following :
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(a) Any battery upon another person, as defined in s.
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784.03.
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(b) An act of criminal mischief or a graffiti-related
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offense as described in s. 806.13.
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(c) A violation of a safety zone, security zone, regulated
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navigation area, or naval vessel protection zone as described in
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s. 327.461.
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(d) A racing, street takeover, or stunt driving violation
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as described in s. 316.191(2).
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(e) An exposure of sexual organs in violation of s. 800.03.
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(f) Possession of a firearm by a minor in violation of s.
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790.22(3).
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(g) Trespass upon school grounds or facilities, including
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school buses as defined in s. 810.097(5)(b), in violation of
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that section.
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(h) An act that constitutes driving under the influence in
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violation of s. 316.193.
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(i) An act that constitutes boating under the influence in
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violation of s. 327.35.
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Section 4. Section 933.02, Florida Statutes, is amended to
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read:
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933.02 Grounds for issuance of search warrant.—Upon proper
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affidavits being made, a search warrant may be issued under the
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provisions of this chapter upon any of the following grounds:
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(1) When the property has shall have been stolen or
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embezzled in violation of law . ;
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(2) When any property has shall have been used:
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(a) As a means to commit any crime;
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(b) In connection with gambling, gambling implements and
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appliances; or
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(c) In violation of s. 847.011 or other laws in reference
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to obscene prints and literature . ;
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(3) When any property constitutes evidence relevant to
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proving that a felony has been committed . ;
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(4) When any property is being held or possessed in
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violation of :
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(a) In violation of Any of the laws prohibiting the
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manufacture, sale, and transportation of intoxicating liquors;
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(b) In violation of The fish and game laws;
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(c) In violation of The laws relative to food and drug; or
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(d) In violation of The laws relative to citrus disease
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pursuant to s. 581.184 . ; or
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(5) When the laws in relation to cruelty to animals, as
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provided in chapter 828, have been or are violated in any
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particular building or place.
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(6) When a sample of the blood of a person or other
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property constitutes evidence relevant to proving that a
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violation of s. 316.193 or s. 327.35 has been committed.
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(7) When the laws in relation to domestic violence as
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defined in s. 741.28 are violated in any particular building or
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place.
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(8) When the laws in relation to any misdemeanor crime that
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involves the use or threat of physical force or violence against
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an individual are violated.
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This section also applies to any papers or documents used as a
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means of or in aid of the commission of any offense against the
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laws of the state.
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Section 5. For the purpose of incorporating the amendments
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made by this act to sections 901.02 and 901.15, Florida
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Statutes, in references thereto, subsections (2) and (3) of
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section 901.1501, Florida Statutes, are reenacted to read:
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901.1501 Immediate arrest of a person with a significant
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medical condition.—
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(2) In determining whether to make an immediate arrest of a
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person with a significant medical condition, including an arrest
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for an offense committed against an elderly person or a disabled
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adult, a law enforcement officer may use his or her discretion
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based on the totality of the circumstances, including
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consideration of whether the person is a current or continued
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threat to public safety or himself or herself or a flight risk,
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and may consider all available lawful methods of making an
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arrest, including seeking an arrest warrant under s. 901.02.
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(3) This section does not prohibit a law enforcement
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officer from arresting a person without a warrant under s.
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901.15, or making such an arrest by any lawful method.
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Section 6. For the purpose of incorporating the amendment
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made by this act to section 901.15, Florida Statutes, in a
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reference thereto, paragraph (b) of subsection (9) of section
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20.165, Florida Statutes, is reenacted to read:
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20.165 Department of Business and Professional Regulation.
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There is created a Department of Business and Professional
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Regulation.
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(9)
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(b) Each employee serving as a law enforcement officer for
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the division must meet the qualifications for employment or
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appointment as a law enforcement officer set forth under s.
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943.13 and must be certified as a law enforcement officer by the
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Department of Law Enforcement under chapter 943. Upon
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certification, each law enforcement officer is subject to and
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has the same authority as provided for law enforcement officers
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generally in chapter 901 and has statewide jurisdiction. Each
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officer also has arrest authority as provided for state law
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enforcement officers in s. 901.15. Each officer possesses the
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full law enforcement powers granted to other peace officers of
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this state, including the authority to make arrests, carry
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firearms, serve court process, and seize contraband and the
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proceeds of illegal activities.
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1. The primary responsibility of each officer appointed
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under this section is to investigate, enforce, and prosecute,
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throughout the state, violations and violators of parts I and II
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of chapter 210, part VII of chapter 559, and chapters 561-569,
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and the rules adopted thereunder, as well as other state laws
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that the division, all state law enforcement officers, or
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beverage enforcement agents are specifically authorized to
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enforce.
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2. The secondary responsibility of each officer appointed
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under this section is to enforce all other state laws, provided
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that the enforcement is incidental to exercising the officer’s
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primary responsibility as provided in subparagraph 1., and the
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officer exercises the powers of a deputy sheriff, only after
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consultation or coordination with the appropriate local
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sheriff’s office or municipal police department or when the
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division participates in the Florida Mutual Aid Plan during a
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declared state emergency.
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Section 7. For the purpose of incorporating the amendment
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made by this act to section 901.15, Florida Statutes, in a
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reference thereto, subsection (5) of section 39.504, Florida
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Statutes, is reenacted to read:
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39.504 Injunction; penalty.—
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(5) Service of process on the respondent shall be carried
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out pursuant to s. 741.30. The department shall deliver a copy
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of any injunction issued pursuant to this section to the
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protected party or to a parent, caregiver, or individual acting
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in the place of a parent who is not the respondent. Law
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enforcement officers may exercise their arrest powers as
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provided in s. 901.15(6) to enforce the terms of the injunction.
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Section 8. For the purpose of incorporating the amendment
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made by this act to section 901.15, Florida Statutes, in a
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reference thereto, subsection (1) of section 321.05, Florida
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Statutes, is reenacted to read:
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321.05 Duties, functions, and powers of patrol officers.
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The members of the Florida Highway Patrol are hereby declared to
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be conservators of the peace and law enforcement officers of the
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state, with the common-law right to arrest a person who, in the
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presence of the arresting officer, commits a felony or commits
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an affray or breach of the peace constituting a misdemeanor,
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with full power to bear arms; and they shall apprehend, without
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warrant, any person in the unlawful commission of any of the
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acts over which the members of the Florida Highway Patrol are
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given jurisdiction as hereinafter set out and deliver him or her
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to the sheriff of the county that further proceedings may be had
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against him or her according to law. In the performance of any
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of the powers, duties, and functions authorized by law, members
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of the Florida Highway Patrol have the same protections and
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immunities afforded other peace officers, which shall be
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recognized by all courts having jurisdiction over offenses
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against the laws of this state, and have authority to apply for,
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serve, and execute search warrants, arrest warrants, capias, and
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other process of the court. The patrol officers under the
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direction and supervision of the Department of Highway Safety
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and Motor Vehicles shall perform and exercise throughout the
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state the following duties, functions, and powers:
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(1) To patrol the state highways and regulate, control, and
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direct the movement of traffic thereon; to maintain the public
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peace by preventing violence on highways; to apprehend fugitives
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from justice; to enforce all laws regulating and governing
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traffic, travel, and public safety upon the public highways and
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providing for the protection of the public highways and public
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property thereon, including the security and safety of this
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state’s transportation infrastructure; to make arrests without
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warrant for the violation of any state law committed in their
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presence in accordance with state law; providing that no search
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may be made unless it is incident to a lawful arrest, to
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regulate and direct traffic concentrations and congestions; to
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enforce laws governing the operation, licensing, and taxing and
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limiting the size, weight, width, length, and speed of vehicles
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and licensing and controlling the operations of drivers and
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operators of vehicles, including the safety, size, and weight of
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commercial motor vehicles; to collect all state fees and
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revenues levied as an incident to the use or right to use the
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highways for any purpose, including the taxing and registration
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of commercial motor vehicles; to require the drivers of vehicles
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to stop and exhibit their driver licenses, registration cards,
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or documents required by law to be carried by such vehicles; to
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investigate traffic accidents, secure testimony of witnesses and
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of persons involved, and make report thereof with copy, if
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requested in writing, to any person in interest or his or her
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attorney; to investigate reported thefts of vehicles; and to
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seize contraband or stolen property on or being transported on
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the highways. Each patrol officer of the Florida Highway Patrol
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is subject to and has the same arrest and other authority
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provided for law enforcement officers generally in chapter 901
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and has statewide jurisdiction. Each officer also has arrest
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authority as provided for state law enforcement officers in s.
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901.15. This section does not conflict with, but is supplemental
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to, chapter 933.
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Section 9. For the purpose of incorporating the amendment
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made by this act to section 901.15, Florida Statutes, in a
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reference thereto, subsection (2) of section 570.65, Florida
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Statutes, is reenacted to read:
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570.65 Department of Agriculture and Consumer Services, law
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enforcement officers.—
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(2) Each law enforcement officer shall meet the
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qualifications of law enforcement officers under s. 943.13 and
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shall be certified as a law enforcement officer by the
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Department of Law Enforcement under the provisions of chapter
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943. Upon certification, each law enforcement officer is subject
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to and shall have the same arrest and other authority provided
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for law enforcement officers generally in chapter 901 and shall
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have statewide jurisdiction. Each officer shall also have arrest
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authority as provided for state law enforcement officers in s.
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901.15. Such officers have full law enforcement powers granted
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to other peace officers of this state, including the authority
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to make arrests, carry firearms, serve court process, and seize
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contraband and the proceeds of illegal activities.
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Section 10. For the purpose of incorporating the amendment
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made by this act to section 901.15, Florida Statutes, in a
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reference thereto, paragraph (d) of subsection (6) of section
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741.30, Florida Statutes, is reenacted to read:
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741.30 Domestic violence; injunction; powers and duties of
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court and clerk; petition; notice and hearing; temporary
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injunction; issuance of injunction; statewide verification
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system; enforcement; public records exemption.—
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(6)
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(d) A temporary or final judgment on injunction for
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protection against domestic violence entered under this section
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shall, on its face, indicate that:
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1. The injunction is valid and enforceable in all counties
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of the State of Florida.
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2. Law enforcement officers may use their arrest powers
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under s. 901.15(6) to enforce the terms of the injunction.
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3. The court had jurisdiction over the parties and matter
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under the laws of Florida and that reasonable notice and
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opportunity to be heard was given to the person against whom the
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order is sought sufficient to protect that person’s right to due
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process.
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4. The date the respondent was served with the temporary or
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final order, if obtainable.
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Section 11. For the purpose of incorporating the amendment
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made by this act to section 901.15, Florida Statutes, in
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references thereto, paragraph (c) of subsection (6) and
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paragraph (b) of subsection (9) of section 784.0485, Florida
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Statutes, are reenacted to read:
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784.0485 Stalking; injunction; powers and duties of court
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and clerk; petition; notice and hearing; temporary injunction;
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issuance of injunction; statewide verification system;
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enforcement.—
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(6)
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(c) A temporary or final judgment on injunction for
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protection against stalking entered pursuant to this section
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shall, on its face, indicate:
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1. That the injunction is valid and enforceable in all
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counties of this state.
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2. That law enforcement officers may use their arrest
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powers pursuant to s. 901.15(6) to enforce the terms of the
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injunction.
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3. That the court has jurisdiction over the parties and
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matter under the laws of this state and that reasonable notice
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and opportunity to be heard was given to the person against whom
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the order is sought sufficient to protect that person’s right to
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due process.
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4. The date that the respondent was served with the
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temporary or final order, if obtainable.
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(9)
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(b) If the respondent is arrested by a law enforcement
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officer under s. 901.15(6) or for a violation of s. 784.0487,
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the respondent shall be held in custody until brought before the
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court as expeditiously as possible for the purpose of enforcing
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the injunction and for admittance to bail in accordance with
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chapter 903 and the applicable rules of criminal procedure,
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pending a hearing.
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Section 12. This act shall take effect July 1, 2026.