SESSION WATCH
THE BILL ITSELF

SB 1450

Transportation

VERSION S 1450 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 SB 1450 By Senator Polsky 30-01642-26 20261450__
1 A bill to be entitled
2 An act relating to transportation; providing for a
3 type one transfer of the duties and functions of the
4 Division of the Florida Highway Patrol and the Office
5 of Commercial Vehicle Enforcement from the Department
6 of Highway Safety and Motor Vehicles to the Department
7 of Law Enforcement; amending s. 20.24, F.S.; requiring
8 the executive director of the Department of Highway
9 Safety and Motor Vehicles to be appointed by the
10 Governor and subject to confirmation by the Senate;
11 conforming provisions to changes made by the act;
12 amending s. 23.1231, F.S.; requiring the executive
13 director of the Department of Law Enforcement to act
14 as the liaison with the Department of Highway Safety
15 and Motor Vehicles rather than the Division of the
16 Florida Highway Patrol; amending s. 282.709, F.S.;
17 requiring the Joint Task Force on State Agency Law
18 Enforcement Communications to include a representative
19 of the Department of Highway Safety and Motor Vehicles
20 rather than the Division of the Florida Highway
21 Patrol; creating s. 321.011, F.S.; defining the term
22 “department”; amending ss. 20.201, 110.205, 120.80,
23 316.003, 316.640, 321.02, 321.03, 321.04, 321.05,
24 321.051, 321.245, 321.25, 338.239, and 713.78, F.S.;
25 conforming provisions to changes made by the act;
26 providing an effective date.
28 Be It Enacted by the Legislature of the State of Florida:
30 Section 1. All powers, duties, functions, rules, records,
31 personnel, property, and unexpended balances of appropriations,
32 allocations, and other public funds relating to the Division of
33 the Florida Highway Patrol and the Office of Commercial Vehicle
34 Enforcement are transferred by a type one transfer, as described
35 in s. 20.06(1), Florida Statutes, from the Department of Highway
36 Safety and Motor Vehicles to the Department of Law Enforcement.
37 Section 2. Section 20.24, Florida Statutes, is amended to
38 read:
39 20.24 Department of Highway Safety and Motor Vehicles.
40 There is created a Department of Highway Safety and Motor
41 Vehicles.
42 (1) The head of the Department of Highway Safety and Motor
43 Vehicles is the Governor and Cabinet. The executive director of
44 the department shall be appointed by the Governor subject to a
45 majority vote of the Governor and Cabinet, with the Governor on
46 the prevailing side. The appointment is subject to confirmation
47 by the Senate. The executive director shall serve at the
48 pleasure of the Governor and Cabinet.
49 (2) The Division of Motorist Services is established within
50 following divisions, and bureaus within the divisions, of the
51 Department of Highway Safety and Motor Vehicles are established:
52 (a) Division of the Florida Highway Patrol.
53 (b) Division of Motorist Services.
54 (3) The Office of Commercial Vehicle Enforcement is
55 established within the Division of the Florida Highway Patrol .
56 Section 3. Subsection (2) of section 23.1231, Florida
57 Statutes, is amended to read:
58 23.1231 Florida Mutual Aid Plan; powers and duties.—
59 (2) The executive director of the Department of Law
60 Enforcement acting under the Governor as the state’s chief law
61 enforcement officer is the director of the Florida Mutual Aid
62 Plan. The director of the Florida Mutual Aid Plan shall:
63 (a) Coordinate, integrate, and implement law enforcement
64 planning and activities for the use of mutual aid and state
65 resources;
66 (b) Coordinate the organization and direction of the law
67 enforcement services of the Florida Mutual Aid Plan;
68 (c) Coordinate and implement the gathering and collection
69 of information and intelligence relating to law enforcement
70 mutual aid or assistance from state agencies to support local
71 law enforcement agencies in any local disaster or emergency, and
72 provide information to state and local law enforcement agencies;
73 (d) During a state of emergency declared by the Governor
74 under chapter 252, command, control, and coordinate all state
75 law enforcement personnel and equipment to support local law
76 enforcement agencies;
77 (e) Act as the liaison with the Division of the Florida
78 Highway Patrol of the Department of Highway Safety and Motor
79 Vehicles in order to coordinate and integrate plans for traffic
80 control and the participation of the department in the law
81 enforcement operation;
82 (f) Serve as liaison and guide the flow of requests from
83 local law enforcement for requesting law enforcement services
84 from the Florida National Guard;
85 (g) Serve as liaison to the Governor, federal and state
86 departments and agencies, and local law enforcement officials in
87 order to achieve close coordination and cooperation in planning
88 and operations in trouble areas;
89 (h) Guide the flow of law enforcement information from
90 federal and state organizations to local law enforcement
91 officials;
92 (i) Serve as liaison to the Attorney General in order to
93 keep him or her informed of changes in law enforcement plans and
94 regulations, mutual aid agreements, and current developments in
95 all situations from a legal standpoint; and
96 (j) Do other things necessary for the implementation of
97 this part.
98 Section 4. Paragraph (a) of subsection (2) of section
99 282.709, Florida Statutes, is amended to read:
100 282.709 State agency law enforcement radio system and
101 interoperability network.—
102 (2) The Joint Task Force on State Agency Law Enforcement
103 Communications is created adjunct to the department to advise
104 the department of member-agency needs relating to the planning,
105 designing, and establishment of the statewide communication
106 system.
107 (a) The Joint Task Force on State Agency Law Enforcement
108 Communications shall consist of the following members:
109 1. A representative of the Division of Alcoholic Beverages
110 and Tobacco of the Department of Business and Professional
111 Regulation who shall be appointed by the secretary of the
112 department.
113 2. A representative of the Division of Florida Highway
114 Patrol of the Department of Highway Safety and Motor Vehicles
115 who shall be appointed by the executive director of the
116 department.
117 3. A representative of the Department of Law Enforcement
118 who shall be appointed by the executive director of the
119 department.
120 4. A representative of the Fish and Wildlife Conservation
121 Commission who shall be appointed by the executive director of
122 the commission.
123 5. A representative of the Division of Law Enforcement of
124 the Department of Environmental Protection who shall be
125 appointed by the secretary of the department.
126 6. A representative of the Department of Corrections who
127 shall be appointed by the secretary of the department.
128 7. A representative of the Department of Financial Services
129 who shall be appointed by the Chief Financial Officer.
130 8. A representative of the Department of Agriculture and
131 Consumer Services who shall be appointed by the Commissioner of
132 Agriculture.
133 9. A representative of the Florida Sheriffs Association who
134 shall be appointed by the president of the Florida Sheriffs
135 Association.
136 Section 5. Section 321.011, Florida Statutes, is created to
137 read:
138 321.011 Definition.—As used in this chapter, the term
139 “department” means the Department of Law Enforcement.
140 Section 6. Subsection (3) is added to section 20.201,
141 Florida Statutes, to read:
142 20.201 Department of Law Enforcement.—
143 (3) The following divisions, and bureaus within the
144 divisions, of the Department of Law Enforcement are established:
145 (a) The Division of the Florida Highway Patrol.
146 (b) The Office of Commercial Vehicle Enforcement within the
147 Division of the Florida Highway Patrol.
148 Section 7. Paragraph (m) of subsection (2) of section
149 110.205, Florida Statutes, is amended to read:
150 110.205 Career service; exemptions.—
151 (2) EXEMPT POSITIONS.—The exempt positions that are not
152 covered by this part include the following:
153 (m) All assistant division director, deputy division
154 director, and bureau chief positions in any department, and
155 those positions determined by the department to have managerial
156 responsibilities comparable to such positions, which include,
157 but are not limited to:
158 1. Positions in the Department of Health and the Department
159 of Children and Families which are assigned primary duties of
160 serving as the superintendent or assistant superintendent of an
161 institution.
162 2. Positions in the Department of Corrections which are
163 assigned primary duties of serving as the warden, assistant
164 warden, colonel, or major of an institution or that are assigned
165 primary duties of serving as the circuit administrator or deputy
166 circuit administrator.
167 3. Positions in the Department of Transportation which are
168 assigned primary duties of serving as regional toll managers and
169 managers of offices, as specified in s. 20.23(4)(b) and (5)(c).
170 4. Positions in the Department of Environmental Protection
171 which are assigned the duty of an Environmental Administrator or
172 program administrator.
173 5. Positions in the Department of Health which are assigned
174 the duties of Environmental Administrator, Assistant County
175 Health Department Director, and County Health Department
176 Financial Administrator.
177 6. Positions in the Department of Law Enforcement Highway
178 Safety and Motor Vehicles which are assigned primary duties of
179 serving as captains in the Florida Highway Patrol.
180 7. Positions in the Department of Agriculture and Consumer
181 Services which are assigned primary duties of serving as
182 captains or majors in the Office of Agricultural Law
183 Enforcement.
185 Unless otherwise fixed by law, the department shall set the
186 salary and benefits of the positions listed in this paragraph in
187 accordance with the rules established for the Selected Exempt
188 Service.
189 Section 8. Subsections (6) and (8) of section 120.80,
190 Florida Statutes, are amended to read:
191 120.80 Exceptions and special requirements; agencies.—
192 (6) DEPARTMENT OF LAW ENFORCEMENT.—
193 (a) Law enforcement policies and procedures of the
194 Department of Law Enforcement which relate to the following are
195 not rules as defined by this chapter:
196 1. (a) The collection, management, and dissemination of
197 active criminal intelligence information and active criminal
198 investigative information; management of criminal
199 investigations; and management of undercover investigations and
200 the selection, assignment, and fictitious identity of undercover
201 personnel.
202 2. (b) The recruitment, management, identity, and
203 remuneration of confidential informants or sources.
204 3. (c) Surveillance techniques, the selection of
205 surveillance personnel, and electronic surveillance, including
206 court-ordered and consensual interceptions of communication
207 conducted pursuant to chapter 934.
208 4. (d) The safety and release of hostages.
209 5. (e) The provision of security and protection to public
210 figures.
211 6. (f) The protection of witnesses.
212 (b) Notwithstanding s. 120.57(1)(a), hearings held by the
213 Division of the Florida Highway Patrol to deny, suspend, or
214 remove a wrecker operator from participating in the wrecker
215 rotation system established by s. 321.051 need not be conducted
216 by an administrative law judge assigned by the division. These
217 hearings shall be held by a hearing officer appointed by the
218 director of the Division of the Florida Highway Patrol.
219 (8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
220 (a) Driver licenses.—
221 (a) 1. Notwithstanding s. 120.57(1)(a), hearings regarding
222 driver licensing pursuant to chapter 322 need not be conducted
223 by an administrative law judge assigned by the division.
224 (b) 2. Notwithstanding s. 120.60(5), cancellation,
225 suspension, or revocation of a driver license shall be by
226 personal delivery to the licensee or by first-class mail as
227 provided in s. 322.251.
228 (b) Wrecker operators.—Notwithstanding s. 120.57(1)(a),
229 hearings held by the Division of the Florida Highway Patrol of
230 the Department of Highway Safety and Motor Vehicles to deny,
231 suspend, or remove a wrecker operator from participating in the
232 wrecker rotation system established by s. 321.051 need not be
233 conducted by an administrative law judge assigned by the
234 division. These hearings shall be held by a hearing officer
235 appointed by the director of the Division of the Florida Highway
236 Patrol.
237 Section 9. Subsection (20) of section 316.003, Florida
238 Statutes, is amended to read:
239 316.003 Definitions.—The following words and phrases, when
240 used in this chapter, shall have the meanings respectively
241 ascribed to them in this section, except where the context
242 otherwise requires:
243 (20) DIRECTOR.—The director of the Division of the Florida
244 Highway Patrol of the Department of Law Enforcement Highway
245 Safety and Motor Vehicles .
246 Section 10. Paragraph (a) of subsection (1) of section
247 316.640, Florida Statutes, is amended to read:
248 316.640 Enforcement.—The enforcement of the traffic laws of
249 this state is vested as follows:
250 (1) STATE.—
251 (a)1.a. The Division of the Florida Highway Patrol of the
252 Department of Law Enforcement Highway Safety and Motor Vehicles ;
253 the Division of Law Enforcement of the Fish and Wildlife
254 Conservation Commission; the Division of Law Enforcement of the
255 Department of Environmental Protection; and the agents,
256 inspectors, and officers of the Department of Law Enforcement
257 each have authority to enforce all of the traffic laws of this
258 state on all the streets and highways thereof and elsewhere
259 throughout the state wherever the public has a right to travel
260 by motor vehicle.
261 b. University police officers may enforce all of the
262 traffic laws of this state when violations occur on or within
263 1,000 feet of any property or facilities that are under the
264 guidance, supervision, regulation, or control of a state
265 university, a direct-support organization of such state
266 university, or any other organization controlled by the state
267 university or a direct-support organization of the state
268 university, or when such violations occur within a specified
269 jurisdictional area as agreed upon in a mutual aid agreement
270 entered into with a law enforcement agency pursuant to s.
271 23.1225(1). Traffic laws may also be enforced off-campus when
272 hot pursuit originates on or within 1,000 feet of any such
273 property or facilities, or as agreed upon in accordance with the
274 mutual aid agreement.
275 c. Florida College System institution police officers may
276 enforce all the traffic laws of this state only when such
277 violations occur on or within 1,000 feet of any property or
278 facilities that are under the guidance, supervision, regulation,
279 or control of the Florida College System institution, or when
280 such violations occur within a specified jurisdictional area as
281 agreed upon in a mutual aid agreement entered into with a law
282 enforcement agency pursuant to s. 23.1225. Traffic laws may also
283 be enforced off-campus when hot pursuit originates on or within
284 1,000 feet of any such property or facilities, or as agreed upon
285 in accordance with the mutual aid agreement.
286 d. Police officers employed by an airport authority may
287 enforce all of the traffic laws of this state only when such
288 violations occur on any property or facilities that are owned or
289 operated by an airport authority.
290 (I) An airport authority may employ as a parking
291 enforcement specialist any individual who successfully completes
292 a training program established and approved by the Criminal
293 Justice Standards and Training Commission for parking
294 enforcement specialists but who does not otherwise meet the
295 uniform minimum standards established by the commission for law
296 enforcement officers or auxiliary or part-time officers under s.
297 943.12. This sub-sub-subparagraph may not be construed to permit
298 the carrying of firearms or other weapons, nor shall such
299 parking enforcement specialist have arrest authority.
300 (II) A parking enforcement specialist employed by an
301 airport authority may enforce all state, county, and municipal
302 laws and ordinances governing parking only when such violations
303 are on property or facilities owned or operated by the airport
304 authority employing the specialist, by appropriate state,
305 county, or municipal traffic citation.
306 e. The Office of Agricultural Law Enforcement of the
307 Department of Agriculture and Consumer Services may enforce
308 traffic laws of this state.
309 f. School safety officers may enforce all of the traffic
310 laws of this state when such violations occur on or about any
311 property or facilities that are under the guidance, supervision,
312 regulation, or control of the district school board.
313 2. Any disciplinary action taken or performance evaluation
314 conducted by an agency of the state as described in subparagraph
315 1. of a law enforcement officer’s traffic enforcement activity
316 must be in accordance with written work-performance standards.
317 Such standards must be approved by the agency and any collective
318 bargaining unit representing such law enforcement officer. A
319 violation of this subparagraph is not subject to the penalties
320 provided in chapter 318.
321 3. The Division of the Florida Highway Patrol may employ as
322 a traffic accident investigation officer any individual who
323 successfully completes instruction in traffic accident
324 investigation and court presentation through the Selective
325 Traffic Enforcement Program as approved by the Criminal Justice
326 Standards and Training Commission and funded through the
327 National Highway Traffic Safety Administration or a similar
328 program approved by the commission, but who does not necessarily
329 meet the uniform minimum standards established by the commission
330 for law enforcement officers or auxiliary law enforcement
331 officers under chapter 943. Any such traffic accident
332 investigation officer who makes an investigation at the scene of
333 a traffic accident may issue traffic citations, based upon
334 personal investigation, when he or she has reasonable and
335 probable grounds to believe that a person who was involved in
336 the accident committed an offense under this chapter, chapter
337 319, chapter 320, or chapter 322 in connection with the
338 accident. This subparagraph does not permit the officer to carry
339 firearms or other weapons, and such an officer does not have
340 authority to make arrests.
341 Section 11. Section 321.02, Florida Statutes, is amended to
342 read:
343 321.02 Powers and duties of department, highway patrol.—The
344 director of the Division of the Florida Highway Patrol of the
345 Department of Highway Safety and Motor Vehicles shall also be
346 the commander of the Florida Highway Patrol. The said department
347 shall set up and adopt promulgate rules and regulations by which
348 the personnel of the Florida Highway Patrol officers shall be
349 examined, employed, trained, located, suspended, reduced in
350 rank, discharged, recruited, paid , and pensioned, subject to
351 civil service provisions hereafter set out. The department may
352 enter into contracts or agreements, with or without competitive
353 bidding or procurement, to make available, on a fair,
354 reasonable, nonexclusive, and nondiscriminatory basis, property
355 and other structures under division control for the placement of
356 new facilities by any wireless provider of mobile service as
357 defined in 47 U.S.C. s. 153(27) or s. 332(d), and any
358 telecommunications company as defined in s. 364.02 when it is
359 determined to be practical and feasible to make such property or
360 other structures available. The department may, without adopting
361 a rule, charge a just, reasonable, and nondiscriminatory fee for
362 placement of the facilities, payable annually, based on the fair
363 market value of space used by comparable communications
364 facilities in the state. The department and a wireless provider
365 or telecommunications company may negotiate the reduction or
366 elimination of a fee in consideration of services provided to
367 the division by the wireless provider or the telecommunications
368 company. All such fees collected by the department shall be
369 deposited directly into the State Agency Law Enforcement Radio
370 System Trust Fund, and may be used to construct, maintain, or
371 support the system. The department is further specifically
372 authorized to purchase, sell, trade, rent, lease , and maintain
373 all necessary equipment, uniforms, motor vehicles, communication
374 systems, housing facilities, and office space , and perform any
375 other acts necessary for the proper administration and
376 enforcement of this chapter. However, all supplies and equipment
377 consisting of single items or in lots shall be purchased under
378 the requirements of s. 287.057. Purchases shall be made by
379 accepting the bid of the lowest responsive bidder, the right
380 being reserved to reject all bids. The department shall
381 prescribe a distinctive uniform and distinctive emblem to be
382 worn by all officers of the Florida Highway Patrol. It shall be
383 unlawful for any other person or persons to wear a similar
384 uniform or emblem, or any part or parts thereof. The department
385 shall also prescribe distinctive colors for use on motor
386 vehicles and motorcycles operated by the Florida Highway Patrol.
387 The prescribed colors shall be referred to as “Florida Highway
388 Patrol black and tan.”
389 Section 12. Section 321.03, Florida Statutes, is amended to
390 read:
391 321.03 Imitations prohibited; penalty.—Unless specifically
392 authorized by the Florida Highway Patrol, a person in this the
393 state may shall not color or cause to be colored any motor
394 vehicle or motorcycle the same or similar color as the color or
395 colors so prescribed for the Florida Highway Patrol. A person
396 who violates this section or s. 321.02 with respect to uniforms,
397 emblems, motor vehicles , and motorcycles commits a misdemeanor
398 of the first degree, punishable as provided in s. 775.082 or s.
399 775.083. The department of Highway Safety and Motor Vehicles
400 shall employ such clerical help and mechanics as may be
401 necessary for the economical and efficient operation of the such
402 department.
403 Section 13. Section 321.04, Florida Statutes, is amended to
404 read:
405 321.04 Personnel of the highway patrol; rank
406 classifications; probationary status of new patrol officers;
407 subsistence; special assignments.—
408 (1) The department of Highway Safety and Motor Vehicles
409 shall employ patrol officers, as authorized by the Legislature
410 in appropriating funds for their salaries exclusive of those
411 members of the patrol who are assigned to and paid by special
412 departments; and shall establish the necessary supervisory ranks
413 within the Florida Highway Patrol to efficiently supervise and
414 carry out the designated functions of the patrol and the
415 department in accordance with the regulations established by the
416 Department of Management Services.
417 (2) Each person who is employed as a patrol officer shall
418 be carried on a probationary status for the period of 1 year
419 after from date of employment, during which period he or she may
420 be dismissed without recourse. Patrol officers when sent on
421 special detail or missions out of their regular assigned
422 territories or headquarters shall be reimbursed for travel
423 expenses as provided in s. 112.061.
424 (3) (a) The department of Highway Safety and Motor Vehicles
425 shall assign one patrol officer to the office of the Governor .
426 Such ; said patrol officer so assigned shall be selected by the
427 Governor and shall have rank and pay not less than that of a
428 lieutenant of the Florida Highway Patrol ; , and said patrol
429 officer so assigned shall be paid by the said department from
430 the appropriation made to the said department; and said patrol
431 officer shall have and receive all other benefits provided for
432 in this chapter or any other statute now in existence or
433 hereinafter enacted.
434 (b) For the 2024-2025 fiscal year only, upon the request of
435 the Governor, the Department of Highway Safety and Motor
436 Vehicles shall assign one or more patrol officers to the office
437 of the Lieutenant Governor for security services. This paragraph
438 expires July 1, 2025.
439 (4) Upon request of the Attorney General, the department of
440 Highway Safety and Motor Vehicles shall assign one or more
441 patrol officers to the Office of the Attorney General for
442 security services.
443 (5) For the 2024-2025 fiscal year only, the assignment of a
444 patrol officer by the department shall include a Cabinet member
445 specified in s. 4, Art. IV of the State Constitution if deemed
446 appropriate by the department or in response to a threat and
447 upon written request of such Cabinet member. This subsection
448 expires July 1, 2025.
449 Section 14. Section 321.05, Florida Statutes, is amended to
450 read:
451 321.05 Duties, functions, and powers of patrol officers.
452 The members of the Florida Highway Patrol are hereby declared to
453 be conservators of the peace and law enforcement officers of
454 this the state, with the common-law right to arrest a person
455 who, in the presence of the arresting officer, commits a felony
456 or commits an affray or breach of the peace constituting a
457 misdemeanor, with full power to bear arms; and they shall
458 apprehend, without warrant, any person in the unlawful
459 commission of any of the acts over which the members of the
460 Florida Highway Patrol are given jurisdiction as hereinafter set
461 out and deliver him or her to the sheriff of the county that
462 further proceedings may be had against him or her according to
463 law. In the performance of any of the powers, duties, and
464 functions authorized by law, members of the Florida Highway
465 Patrol have the same protections and immunities afforded other
466 peace officers, which shall be recognized by all courts having
467 jurisdiction over offenses against the laws of this state, and
468 have authority to apply for, serve, and execute search warrants,
469 arrest warrants, capias, and other process of the court. The
470 patrol officers under the direction and supervision of the
471 department of Highway Safety and Motor Vehicles shall perform
472 and exercise throughout the state the following duties,
473 functions, and powers:
474 (1) To patrol the state highways and regulate, control, and
475 direct the movement of traffic thereon; to maintain the public
476 peace by preventing violence on highways; to apprehend fugitives
477 from justice; to enforce all laws regulating and governing
478 traffic, travel, and public safety upon the public highways and
479 providing for the protection of the public highways and public
480 property thereon, including the security and safety of this
481 state’s transportation infrastructure; to make arrests without
482 warrant for the violation of any state law committed in their
483 presence in accordance with state law; providing that no search
484 may be made unless it is incident to a lawful arrest, to
485 regulate and direct traffic concentrations and congestions; to
486 enforce laws governing the operation, licensing, and taxing and
487 limiting the size, weight, width, length, and speed of vehicles
488 and licensing and controlling the operations of drivers and
489 operators of vehicles, including the safety, size, and weight of
490 commercial motor vehicles; to collect all state fees and
491 revenues levied as an incident to the use or right to use the
492 highways for any purpose, including the taxing and registration
493 of commercial motor vehicles; to require the drivers of vehicles
494 to stop and exhibit their driver licenses, registration cards,
495 or documents required by law to be carried by such vehicles; to
496 investigate traffic accidents, secure testimony of witnesses and
497 of persons involved, and make report thereof with copy, if
498 requested in writing, to any person in interest or his or her
499 attorney; to investigate reported thefts of vehicles; and to
500 seize contraband or stolen property on or being transported on
501 the highways. Each patrol officer of the Florida Highway Patrol
502 is subject to and has the same arrest and other authority
503 provided for law enforcement officers generally in chapter 901
504 and has statewide jurisdiction. Each officer also has arrest
505 authority as provided for state law enforcement officers in s.
506 901.15. This section does not conflict with, but is supplemental
507 to, chapter 933.
508 (2) To assist other constituted law enforcement officers of
509 the state to quell mobs and riots, guard prisoners, and police
510 disaster areas.
511 (3)(a) To make arrests while in fresh pursuit of a person
512 believed to have violated the traffic and other laws.
513 (b) To make arrest of a person wanted for a felony or
514 against whom a warrant has been issued on any charge in
515 violation of federal, state, or county laws or municipal
516 ordinances.
517 (4)(a) All fines and costs and the proceeds of the
518 forfeiture of bail bonds and recognizances resulting from the
519 enforcement of this chapter by patrol officers shall be paid
520 into the fine and forfeiture fund established pursuant to s.
521 142.01 of the county where the offense is committed. In all
522 cases of arrest by patrol officers, the person arrested shall be
523 delivered forthwith by the officer to the sheriff of the county,
524 or he or she shall obtain from the person arrested a
525 recognizance or, if deemed necessary, a cash bond or other
526 sufficient security conditioned for his or her appearance before
527 the proper tribunal of the county to answer the charge for which
528 he or she has been arrested; and all fees accruing shall be
529 taxed against the party arrested, which fees are hereby declared
530 to be part of the compensation of the sheriffs authorized to be
531 fixed by the Legislature under s. 5(c), Art. II of the State
532 Constitution, to be paid such sheriffs in the same manner as
533 fees are paid for like services in other criminal cases. All
534 patrol officers are hereby directed to deliver all bonds
535 accepted and approved by them to the sheriff of the county in
536 which the offense is alleged to have been committed. However, a
537 sheriff shall not be paid any arrest fee for the arrest of a
538 person for violation of any section of chapter 316 when the
539 arresting officer was transported in a Florida Highway Patrol
540 car to the vicinity where the arrest was made; and a sheriff
541 shall not be paid any fee for mileage for himself or herself or
542 a prisoner for miles traveled in a Florida Highway Patrol car. A
543 patrol officer is not entitled to any fee or mileage cost except
544 when responding to a subpoena in a civil cause or except when
545 the patrol officer is appearing as an official witness to
546 testify at any hearing or law action in any court of this state
547 as a direct result of his or her employment as a patrol officer
548 during time not compensated as a part of his or her normal
549 duties. Nothing herein shall be construed as limiting the power
550 to locate and to take from any person under arrest or about to
551 be arrested deadly weapons. This section is not a limitation
552 upon existing powers and duties of sheriffs or police officers.
553 (b) Any person so arrested and released on his or her own
554 recognizance by an officer and who fails to appear or respond to
555 a notice to appear, in addition to the traffic violation charge,
556 commits a noncriminal traffic infraction subject to the penalty
557 provided in s. 318.18(2).
558 (5) The department may employ or assign some fit and
559 suitable person with experience in the field of public relations
560 who shall promote, coordinate, and publicize the traffic safety
561 activities in the state and assign such person to the office of
562 the Governor at a salary to be fixed by the department. The
563 person so assigned or employed shall be a member of the uniform
564 division of the Florida Highway Patrol, and he or she shall have
565 the pay and rank of lieutenant while on such assignment.
566 (6) The Division of the Florida Highway Patrol may is
567 authorized to adopt rules as which may be necessary to implement
568 the provisions of chapter 316.
569 Section 15. Paragraph (a) of subsection (2) of section
570 321.051, Florida Statutes, is amended to read:
571 321.051 Florida Highway Patrol wrecker operator system;
572 penalties for operation outside of system.—
573 (2)(a) The Division of the Florida Highway Patrol may of
574 the Department of Highway Safety and Motor Vehicles is
575 authorized to establish within areas designated by the patrol a
576 wrecker operator system using qualified, reputable wrecker
577 operators for removal and storage of wrecked or disabled
578 vehicles from a crash scene or for removal and storage of
579 abandoned vehicles, in the event the owner or operator is
580 incapacitated or unavailable or leaves the procurement of
581 wrecker service to the officer at the scene. All reputable
582 wrecker operators are eligible for use in the system provided
583 their equipment and drivers meet recognized safety
584 qualifications and mechanical standards set by rules of the
585 Division of the Florida Highway Patrol for the size of vehicle
586 it is designed to handle. The division may not exclude a wrecker
587 operator from the wrecker operator system or fail to designate a
588 wrecker operator as an authorized wrecker operator based solely
589 on a prior felony conviction unless such conviction is for a
590 forcible felony as defined in s. 776.08 or a felony listed in s.
591 812.014(2)(c)6. or s. 812.16(2). The division may is authorized
592 to limit the number of wrecker operators participating in the
593 wrecker operator system, which authority shall not affect
594 wrecker operators currently participating in the system
595 established by this section. The division must establish maximum
596 rates for the towing and storage of vehicles removed at the
597 division’s request, where such rates have not been set by a
598 county or municipality pursuant to s. 125.0103 or s. 166.043.
599 Such rates may shall not be considered rules for the purpose of
600 chapter 120; however, the department shall establish by rule a
601 procedure for setting such rates.
602 Section 16. Section 321.245, Florida Statutes, is amended
603 to read:
604 321.245 Disposition of certain funds in the Highway Safety
605 Operating Trust Fund .—The director of the Florida Highway
606 Patrol, after receiving recommendations from the commander of
607 the auxiliary, may is authorized to purchase uniforms and
608 equipment for auxiliary law enforcement officers as defined in
609 s. 321.24 from funds in the Department of Law Enforcement
610 Operating Trust Fund described in s. 324.0221(3) . The amounts
611 expended under this section shall not exceed $50,000 in any one
612 fiscal year.
613 Section 17. Section 321.25, Florida Statutes, is amended to
614 read:
615 321.25 Training provided at patrol schools.—The Department
616 of Law Enforcement may Highway Safety and Motor Vehicles is
617 authorized to provide for the training of law enforcement
618 officials and individuals in matters relating to the duties,
619 functions, and powers of the Florida Highway Patrol in the
620 schools established by the Department of Highway Safety and
621 Motor Vehicles, or, on or after July 1, 2026, established by the
622 Department of Law Enforcement, for the training of highway
623 patrol candidates and officers. The Department of Law
624 Enforcement may Highway Safety and Motor Vehicles is authorized
625 to charge a fee for providing the training authorized by this
626 section. The fee shall be charged to persons attending the
627 training. The fee shall be based on the department’s Department
628 of Highway Safety and Motor Vehicles’ costs for providing the
629 training, and such costs may include, but are not limited to,
630 tuition, lodging, and meals. Revenues from the fees shall be
631 used to offset the department’s Department of Highway Safety and
632 Motor Vehicles’ costs for providing the training. The cost of
633 training local enforcement officers shall be paid for by their
634 respective offices, counties or municipalities, as the case may
635 be. Such cost shall be deemed a proper county or municipal
636 expense or a proper expenditure of the office of sheriff.
637 Section 18. Subsection (2) of section 338.239, Florida
638 Statutes, is amended to read:
639 338.239 Traffic control on the turnpike system.—
640 (2) Members of the Florida Highway Patrol are vested with
641 the power, and charged with the duty, to enforce the rules of
642 the department. Approved expenditures incurred by the Florida
643 Highway Patrol in carrying out its powers and duties under ss.
644 338.22-338.241 may be treated as a part of the cost of the
645 operation of the turnpike system, and the Department of Law
646 Enforcement Highway Safety and Motor Vehicles shall be
647 reimbursed by the turnpike enterprise for such expenses incurred
648 on the turnpike system. Florida Highway Patrol Troop K shall be
649 headquartered with the turnpike enterprise and shall be the
650 official and preferred law enforcement troop for the turnpike
651 system. The Department of Law Enforcement Highway Safety and
652 Motor Vehicles may, upon request of the executive director of
653 the turnpike enterprise and approval of the Legislature,
654 increase the number of authorized positions for Troop K, or the
655 executive director of the turnpike enterprise may contract with
656 the Department of Law Enforcement Highway Safety and Motor
657 Vehicles for additional troops to patrol the turnpike system.
658 Section 19. Paragraph (a) of subsection (2) of section
659 713.78, Florida Statutes, is amended to read:
660 713.78 Liens for recovering, towing, or storing vehicles
661 and vessels.—
662 (2)(a) A towing-storage operator may charge the owner or
663 operator of a vehicle or vessel only the following fees for, or
664 incidental to, the recovery, removal, or storage of the vehicle
665 or vessel:
666 1. Any reasonable fee for service specifically authorized
667 under s. 125.0103 or s. 166.043 by ordinance, resolution,
668 regulation, or rule of the county or municipality in which the
669 service is performed.
670 2. Any reasonable fee for service specifically authorized
671 by the Division of the Florida Highway Patrol of the Department
672 of Law Enforcement Highway Safety and Motor Vehicles under s.
673 321.051(2).
674 3. Any reasonable fee for service as agreed upon in writing
675 between a towing-storage operator and the owner of a vehicle or
676 vessel.
677 4. Any lien release administrative fee as set forth in
678 paragraph (15)(a).
679 5. Any reasonable administrative fee or charge imposed by a
680 county or municipality pursuant to s. 125.01047, s. 166.04465,
681 or s. 323.002 upon the registered owner or other legally
682 authorized person in control of a vehicle or vessel.
683 Section 20. This act shall take effect July 1, 2026.