THE BILL ITSELF
HB 1313
Surrendering to Law Enforcement
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A bill to be entitled
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An act relating to surrendering to law enforcement;
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creating s. 901.155, F.S.; providing definitions;
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requiring a law enforcement agency to implement a
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procedure for interviewing a person who attempts to be
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taken into custody by such agency for a violation of
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criminal law when no warrant for such person's arrest
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has been issued; specifying that such procedure shall
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include certain actions; authorizing a temporary
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detention in certain circumstances; authorizing a
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warrantless arrest in certain circumstances; requiring
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a law enforcement officer to deliver such person or
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have him or her delivered to the nearest receiving
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facility for involuntary examination in certain
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circumstances; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as "Vassallo's Law."
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Section 2. Section 901.155, Florida Statutes, is created
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to read:
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901.155 Persons who surrender to law enforcement when no
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warrant has been issued.—
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(1) As used in this section, the term:
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(a) "Law enforcement officer" has the same meaning as in
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s. 943.10(1).
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(b) "Office" means the office of a law enforcement agency
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which is accessible to the public.
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(c) "Surrendering person" means a person who enters an
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office and attempts to be taken into custody by a law
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enforcement agency for a violation of criminal law when no
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warrant for such person's arrest has been issued.
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(2) A law enforcement agency shall implement a procedure
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for interviewing a surrendering person. Each law enforcement
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agency may develop its own procedure, which shall include, but
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not be limited to, all of the following:
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(a) The staff member who greets persons who enter the
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office shall do all of the following:
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1. Document identification and contact information for the
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surrendering person.
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2. Notify an on-site law enforcement officer that a
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surrendering person has come to the office.
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3. Determine whether the law enforcement agency has issued
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an alert to be on the lookout for a person who meets the
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description of the surrendering person.
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(b) Upon notification that a surrendering person has come
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to the office, the law enforcement officer shall immediately
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respond to the place where the surrendering person is located
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and shall conduct a voluntary interview of such person.
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(c) If, while interviewing the surrendering person, the
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law enforcement officer determines that such person may have
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committed a criminal offense in another jurisdiction, the law
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enforcement officer shall determine whether the law enforcement
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agency in the other jurisdiction has issued an alert to be on
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the lookout for a person who meets the description of the
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surrendering person.
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(3) A law enforcement officer who interviews a
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surrendering person under this section may:
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(a) Temporarily detain or arrest such person if the
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requirements of s. 901.151 are met.
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(b) Arrest such person without a warrant if any of the
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circumstances in s. 901.15 arise.
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(4) If a law enforcement officer who interviews a
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surrendering person under this section determines that such
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person appears to meet the criteria for involuntary examination,
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pursuant to s. 394.463, he or she shall deliver the person or
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have him or her delivered to the nearest receiving facility for
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examination and shall execute a written report detailing the
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circumstances under which the person was taken into custody.
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Section 3. This act shall take effect July 1, 2026.