S 1450

Florida Senate - 2026  SB 1450
By Senator Polsky
30-01642-26  20261450__
1A bill to be entitled
2An act relating to transportation; providing for a
3type one transfer of the duties and functions of the
4Division of the Florida Highway Patrol and the Office
5of Commercial Vehicle Enforcement from the Department
6of Highway Safety and Motor Vehicles to the Department
7of Law Enforcement; amending s. 20.24, F.S.; requiring
8the executive director of the Department of Highway
9Safety and Motor Vehicles to be appointed by the
10Governor and subject to confirmation by the Senate;
11conforming provisions to changes made by the act;
12amending s. 23.1231, F.S.; requiring the executive
13director of the Department of Law Enforcement to act
14as the liaison with the Department of Highway Safety
15and Motor Vehicles rather than the Division of the
16Florida Highway Patrol; amending s. 282.709, F.S.;
17requiring the Joint Task Force on State Agency Law
18Enforcement Communications to include a representative
19of the Department of Highway Safety and Motor Vehicles
20rather than the Division of the Florida Highway
21Patrol; creating s. 321.011, F.S.; defining the term
22“department”; amending ss. 20.201, 110.205, 120.80,
23316.003, 316.640, 321.02, 321.03, 321.04, 321.05,
24321.051, 321.245, 321.25, 338.239, and 713.78, F.S.;
25conforming provisions to changes made by the act;
26providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30Section 1. All powers, duties, functions, rules, records,
31personnel, property, and unexpended balances of appropriations,
32allocations, and other public funds relating to the Division of
33the Florida Highway Patrol and the Office of Commercial Vehicle
34Enforcement are transferred by a type one transfer, as described
35in s. 20.06(1), Florida Statutes, from the Department of Highway
36Safety and Motor Vehicles to the Department of Law Enforcement.
37Section 2. Section 20.24, Florida Statutes, is amended to
38read:
3920.24 Department of Highway Safety and Motor Vehicles.
40There is created a Department of Highway Safety and Motor
41Vehicles.
42(1) The head of the Department of Highway Safety and Motor
43Vehicles is the Governor and Cabinet. The executive director of
44the department shall be appointed by the Governor subject to a
45majority vote of the Governor and Cabinet, with the Governor on
46the prevailing side. The appointment is subject to confirmation
47by the Senate. The executive director shall serve at the
48pleasure 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
51Department 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].
56Section 3. Subsection (2) of section 23.1231, Florida
57Statutes, is amended to read:
5823.1231 Florida Mutual Aid Plan; powers and duties.—
59(2) The executive director of the Department of Law
60Enforcement acting under the Governor as the state’s chief law
61enforcement officer is the director of the Florida Mutual Aid
62Plan. The director of the Florida Mutual Aid Plan shall:
63(a) Coordinate, integrate, and implement law enforcement
64planning and activities for the use of mutual aid and state
65resources;
66(b) Coordinate the organization and direction of the law
67enforcement services of the Florida Mutual Aid Plan;
68(c) Coordinate and implement the gathering and collection
69of information and intelligence relating to law enforcement
70mutual aid or assistance from state agencies to support local
71law enforcement agencies in any local disaster or emergency, and
72provide information to state and local law enforcement agencies;
73(d) During a state of emergency declared by the Governor
74under chapter 252, command, control, and coordinate all state
75law enforcement personnel and equipment to support local law
76enforcement agencies;
77(e) Act as the liaison with [the Division of the Florida]
78[Highway Patrol of] the Department of Highway Safety and Motor
79Vehicles in order to coordinate and integrate plans for traffic
80control and the participation of the department in the law
81enforcement operation;
82(f) Serve as liaison and guide the flow of requests from
83local law enforcement for requesting law enforcement services
84from the Florida National Guard;
85(g) Serve as liaison to the Governor, federal and state
86departments and agencies, and local law enforcement officials in
87order to achieve close coordination and cooperation in planning
88and operations in trouble areas;
89(h) Guide the flow of law enforcement information from
90federal and state organizations to local law enforcement
91officials;
92(i) Serve as liaison to the Attorney General in order to
93keep him or her informed of changes in law enforcement plans and
94regulations, mutual aid agreements, and current developments in
95all situations from a legal standpoint; and
96(j) Do other things necessary for the implementation of
97this part.
98Section 4. Paragraph (a) of subsection (2) of section
99282.709, Florida Statutes, is amended to read:
100282.709 State agency law enforcement radio system and
101interoperability network.—
102(2) The Joint Task Force on State Agency Law Enforcement
103Communications is created adjunct to the department to advise
104the department of member-agency needs relating to the planning,
105designing, and establishment of the statewide communication
106system.
107(a) The Joint Task Force on State Agency Law Enforcement
108Communications shall consist of the following members:
1091. A representative of the Division of Alcoholic Beverages
110and Tobacco of the Department of Business and Professional
111Regulation who shall be appointed by the secretary of the
112department.
1132. A representative of [the Division of Florida Highway]
114[Patrol of] the Department of Highway Safety and Motor Vehicles
115who shall be appointed by the executive director of the
116department.
1173. A representative of the Department of Law Enforcement
118who shall be appointed by the executive director of the
119department.
1204. A representative of the Fish and Wildlife Conservation
121Commission who shall be appointed by the executive director of
122the commission.
1235. A representative of the Division of Law Enforcement of
124the Department of Environmental Protection who shall be
125appointed by the secretary of the department.
1266. A representative of the Department of Corrections who
127shall be appointed by the secretary of the department.
1287. A representative of the Department of Financial Services
129who shall be appointed by the Chief Financial Officer.
1308. A representative of the Department of Agriculture and
131Consumer Services who shall be appointed by the Commissioner of
132Agriculture.
1339. A representative of the Florida Sheriffs Association who
134shall be appointed by the president of the Florida Sheriffs
135Association.
136Section 5. Section 321.011, Florida Statutes, is created to
137read:
138321.011Definition.—As used in this chapter, the term
139“department” means the Department of Law Enforcement.
140Section 6. Subsection (3) is added to section 20.201,
141Florida Statutes, to read:
14220.201 Department of Law Enforcement.—
143(3)The following divisions, and bureaus within the
144divisions, 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
147Division of the Florida Highway Patrol.
148Section 7. Paragraph (m) of subsection (2) of section
149110.205, Florida Statutes, is amended to read:
150110.205 Career service; exemptions.—
151(2) EXEMPT POSITIONS.—The exempt positions that are not
152covered by this part include the following:
153(m) All assistant division director, deputy division
154director, and bureau chief positions in any department, and
155those positions determined by the department to have managerial
156responsibilities comparable to such positions, which include,
157but are not limited to:
1581. Positions in the Department of Health and the Department
159of Children and Families which are assigned primary duties of
160serving as the superintendent or assistant superintendent of an
161institution.
1622. Positions in the Department of Corrections which are
163assigned primary duties of serving as the warden, assistant
164warden, colonel, or major of an institution or that are assigned
165primary duties of serving as the circuit administrator or deputy
166circuit administrator.
1673. Positions in the Department of Transportation which are
168assigned primary duties of serving as regional toll managers and
169managers of offices, as specified in s. 20.23(4)(b) and (5)(c).
1704. Positions in the Department of Environmental Protection
171which are assigned the duty of an Environmental Administrator or
172program administrator.
1735. Positions in the Department of Health which are assigned
174the duties of Environmental Administrator, Assistant County
175Health Department Director, and County Health Department
176Financial Administrator.
1776. Positions in the Department of Law Enforcement [Highway]
178[Safety and Motor Vehicles] which are assigned primary duties of
179serving as captains in the Florida Highway Patrol.
1807. Positions in the Department of Agriculture and Consumer
181Services which are assigned primary duties of serving as
182captains or majors in the Office of Agricultural Law
183Enforcement.
184
185Unless otherwise fixed by law, the department shall set the
186salary and benefits of the positions listed in this paragraph in
187accordance with the rules established for the Selected Exempt
188Service.
189Section 8. Subsections (6) and (8) of section 120.80,
190Florida Statutes, are amended to read:
191120.80 Exceptions and special requirements; agencies.—
192(6) DEPARTMENT OF LAW ENFORCEMENT.—
193(a) Law enforcement policies and procedures of the
194Department of Law Enforcement which relate to the following are
195not rules as defined by this chapter:
1961.[(a)] The collection, management, and dissemination of
197active criminal intelligence information and active criminal
198investigative information; management of criminal
199investigations; and management of undercover investigations and
200the selection, assignment, and fictitious identity of undercover
201personnel.
2022.[(b)] The recruitment, management, identity, and
203remuneration of confidential informants or sources.
2043.[(c)] Surveillance techniques, the selection of
205surveillance personnel, and electronic surveillance, including
206court-ordered and consensual interceptions of communication
207conducted pursuant to chapter 934.
2084.[(d)] The safety and release of hostages.
2095.[(e)] The provision of security and protection to public
210figures.
2116.[(f)] The protection of witnesses.
212(b)Notwithstanding s. 120.57(1)(a), hearings held by the
213Division of the Florida Highway Patrol to deny, suspend, or
214remove a wrecker operator from participating in the wrecker
215rotation system established by s. 321.051 need not be conducted
216by an administrative law judge assigned by the division. These
217hearings shall be held by a hearing officer appointed by the
218director 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
222driver licensing pursuant to chapter 322 need not be conducted
223by an administrative law judge assigned by the division.
224(b)[2.] Notwithstanding s. 120.60(5), cancellation,
225suspension, or revocation of a driver license shall be by
226personal delivery to the licensee or by first-class mail as
227provided 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.]
237Section 9. Subsection (20) of section 316.003, Florida
238Statutes, is amended to read:
239316.003 Definitions.—The following words and phrases, when
240used in this chapter, shall have the meanings respectively
241ascribed to them in this section, except where the context
242otherwise requires:
243(20) DIRECTOR.—The director of the Division of the Florida
244Highway Patrol of the Department of Law Enforcement [Highway]
245[Safety and Motor Vehicles].
246Section 10. Paragraph (a) of subsection (1) of section
247316.640, Florida Statutes, is amended to read:
248316.640 Enforcement.—The enforcement of the traffic laws of
249this state is vested as follows:
250(1) STATE.—
251(a)1.a. The Division of the Florida Highway Patrol of the
252Department of Law Enforcement [Highway Safety and Motor Vehicles];
253the Division of Law Enforcement of the Fish and Wildlife
254Conservation Commission; the Division of Law Enforcement of the
255Department of Environmental Protection; and the agents,
256inspectors, and officers of the Department of Law Enforcement
257each have authority to enforce all of the traffic laws of this
258state on all the streets and highways thereof and elsewhere
259throughout the state wherever the public has a right to travel
260by motor vehicle.
261b. University police officers may enforce all of the
262traffic laws of this state when violations occur on or within
2631,000 feet of any property or facilities that are under the
264guidance, supervision, regulation, or control of a state
265university, a direct-support organization of such state
266university, or any other organization controlled by the state
267university or a direct-support organization of the state
268university, or when such violations occur within a specified
269jurisdictional area as agreed upon in a mutual aid agreement
270entered into with a law enforcement agency pursuant to s.
27123.1225(1). Traffic laws may also be enforced off-campus when
272hot pursuit originates on or within 1,000 feet of any such
273property or facilities, or as agreed upon in accordance with the
274mutual aid agreement.
275c. Florida College System institution police officers may
276enforce all the traffic laws of this state only when such
277violations occur on or within 1,000 feet of any property or
278facilities that are under the guidance, supervision, regulation,
279or control of the Florida College System institution, or when
280such violations occur within a specified jurisdictional area as
281agreed upon in a mutual aid agreement entered into with a law
282enforcement agency pursuant to s. 23.1225. Traffic laws may also
283be enforced off-campus when hot pursuit originates on or within
2841,000 feet of any such property or facilities, or as agreed upon
285in accordance with the mutual aid agreement.
286d. Police officers employed by an airport authority may
287enforce all of the traffic laws of this state only when such
288violations occur on any property or facilities that are owned or
289operated by an airport authority.
290(I) An airport authority may employ as a parking
291enforcement specialist any individual who successfully completes
292a training program established and approved by the Criminal
293Justice Standards and Training Commission for parking
294enforcement specialists but who does not otherwise meet the
295uniform minimum standards established by the commission for law
296enforcement officers or auxiliary or part-time officers under s.
297943.12. This sub-sub-subparagraph may not be construed to permit
298the carrying of firearms or other weapons, nor shall such
299parking enforcement specialist have arrest authority.
300(II) A parking enforcement specialist employed by an
301airport authority may enforce all state, county, and municipal
302laws and ordinances governing parking only when such violations
303are on property or facilities owned or operated by the airport
304authority employing the specialist, by appropriate state,
305county, or municipal traffic citation.
306e. The Office of Agricultural Law Enforcement of the
307Department of Agriculture and Consumer Services may enforce
308traffic laws of this state.
309f. School safety officers may enforce all of the traffic
310laws of this state when such violations occur on or about any
311property or facilities that are under the guidance, supervision,
312regulation, or control of the district school board.
3132. Any disciplinary action taken or performance evaluation
314conducted by an agency of the state as described in subparagraph
3151. of a law enforcement officer’s traffic enforcement activity
316must be in accordance with written work-performance standards.
317Such standards must be approved by the agency and any collective
318bargaining unit representing such law enforcement officer. A
319violation of this subparagraph is not subject to the penalties
320provided in chapter 318.
3213. The Division of the Florida Highway Patrol may employ as
322a traffic accident investigation officer any individual who
323successfully completes instruction in traffic accident
324investigation and court presentation through the Selective
325Traffic Enforcement Program as approved by the Criminal Justice
326Standards and Training Commission and funded through the
327National Highway Traffic Safety Administration or a similar
328program approved by the commission, but who does not necessarily
329meet the uniform minimum standards established by the commission
330for law enforcement officers or auxiliary law enforcement
331officers under chapter 943. Any such traffic accident
332investigation officer who makes an investigation at the scene of
333a traffic accident may issue traffic citations, based upon
334personal investigation, when he or she has reasonable and
335probable grounds to believe that a person who was involved in
336the accident committed an offense under this chapter, chapter
337319, chapter 320, or chapter 322 in connection with the
338accident. This subparagraph does not permit the officer to carry
339firearms or other weapons, and such an officer does not have
340authority to make arrests.
341Section 11. Section 321.02, Florida Statutes, is amended to
342read:
343321.02 Powers and duties of department, highway patrol.—The
344director of the Division of the Florida Highway Patrol [of the]
345[Department of Highway Safety and Motor Vehicles] shall also be
346the commander of the Florida Highway Patrol. The [said] department
347shall set up and adopt [promulgate] rules and regulations by which
348the personnel of the Florida Highway Patrol officers shall be
349examined, employed, trained, located, suspended, reduced in
350rank, discharged, recruited, paid, and pensioned, subject to
351civil service provisions hereafter set out. The department may
352enter into contracts or agreements, with or without competitive
353bidding or procurement, to make available, on a fair,
354reasonable, nonexclusive, and nondiscriminatory basis, property
355and other structures under division control for the placement of
356new facilities by any wireless provider of mobile service as
357defined in 47 U.S.C. s. 153(27) or s. 332(d), and any
358telecommunications company as defined in s. 364.02 when it is
359determined to be practical and feasible to make such property or
360other structures available. The department may, without adopting
361a rule, charge a just, reasonable, and nondiscriminatory fee for
362placement of the facilities, payable annually, based on the fair
363market value of space used by comparable communications
364facilities in the state. The department and a wireless provider
365or telecommunications company may negotiate the reduction or
366elimination of a fee in consideration of services provided to
367the division by the wireless provider or the telecommunications
368company. All such fees collected by the department shall be
369deposited directly into the State Agency Law Enforcement Radio
370System Trust Fund, and may be used to construct, maintain, or
371support the system. The department is further specifically
372authorized to purchase, sell, trade, rent, lease, and maintain
373all necessary equipment, uniforms, motor vehicles, communication
374systems, housing facilities, and office space[,] and perform any
375other acts necessary for the proper administration and
376enforcement of this chapter. However, all supplies and equipment
377consisting of single items or in lots shall be purchased under
378the requirements of s. 287.057. Purchases shall be made by
379accepting the bid of the lowest responsive bidder, the right
380being reserved to reject all bids. The department shall
381prescribe a distinctive uniform and distinctive emblem to be
382worn by all officers of the Florida Highway Patrol. It shall be
383unlawful for any other person or persons to wear a similar
384uniform or emblem, or any part or parts thereof. The department
385shall also prescribe distinctive colors for use on motor
386vehicles and motorcycles operated by the Florida Highway Patrol.
387The prescribed colors shall be referred to as “Florida Highway
388Patrol black and tan.”
389Section 12. Section 321.03, Florida Statutes, is amended to
390read:
391321.03 Imitations prohibited; penalty.—Unless specifically
392authorized by the Florida Highway Patrol, a person in this [the]
393state may [shall] not color or cause to be colored any motor
394vehicle or motorcycle the same or similar color as the color or
395colors so prescribed for the Florida Highway Patrol. A person
396who violates this section or s. 321.02 with respect to uniforms,
397emblems, motor vehicles, and motorcycles commits a misdemeanor
398of the first degree, punishable as provided in s. 775.082 or s.
399775.083. The department [of Highway Safety and Motor Vehicles]
400shall employ such clerical help and mechanics as may be
401necessary for the economical and efficient operation of the [such]
402department.
403Section 13. Section 321.04, Florida Statutes, is amended to
404read:
405321.04 Personnel of the highway patrol; rank
406classifications; probationary status of new patrol officers;
407subsistence; special assignments.—
408(1) The department [of Highway Safety and Motor Vehicles]
409shall employ patrol officers, as authorized by the Legislature
410in appropriating funds for their salaries exclusive of those
411members of the patrol who are assigned to and paid by special
412departments; and shall establish the necessary supervisory ranks
413within the Florida Highway Patrol to efficiently supervise and
414carry out the designated functions of the patrol and the
415department in accordance with the regulations established by the
416Department of Management Services.
417(2) Each person who is employed as a patrol officer shall
418be carried on a probationary status for [the period of] 1 year
419after [from] date of employment, during which period he or she may
420be dismissed without recourse. Patrol officers when sent on
421special detail or missions out of their regular assigned
422territories or headquarters shall be reimbursed for travel
423expenses as provided in s. 112.061.
424(3)[(a)] The department [of Highway Safety and Motor Vehicles]
425shall assign one patrol officer to the office of the Governor.
426Such[; said] patrol officer [so assigned] shall be selected by the
427Governor and shall have rank and pay not less than that of a
428lieutenant of the Florida Highway Patrol;[, and said patrol]
429[officer so assigned] shall be paid by the [said] department from
430the appropriation made to the [said] department; and [said patrol]
431[officer] shall have and receive all other benefits provided for
432in this chapter or any other statute now in existence or
433hereinafter 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
441patrol officers to the Office of the Attorney General for
442security 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.]
449Section 14. Section 321.05, Florida Statutes, is amended to
450read:
451321.05 Duties, functions, and powers of patrol officers.
452The members of the Florida Highway Patrol are [hereby] declared to
453be conservators of the peace and law enforcement officers of
454this [the] state, with the common-law right to arrest a person
455who, in the presence of the arresting officer, commits a felony
456or commits an affray or breach of the peace constituting a
457misdemeanor, with full power to bear arms; and they shall
458apprehend, without warrant, any person in the unlawful
459commission of any of the acts over which the members of the
460Florida Highway Patrol are given jurisdiction as hereinafter set
461out and deliver him or her to the sheriff of the county that
462further proceedings may be had against him or her according to
463law. In the performance of any of the powers, duties, and
464functions authorized by law, members of the Florida Highway
465Patrol have the same protections and immunities afforded other
466peace officers, which shall be recognized by all courts having
467jurisdiction over offenses against the laws of this state, and
468have authority to apply for, serve, and execute search warrants,
469arrest warrants, capias, and other process of the court. The
470patrol officers under the direction and supervision of the
471department [of Highway Safety and Motor Vehicles] shall perform
472and exercise throughout the state the following duties,
473functions, and powers:
474(1) To patrol the state highways and regulate, control, and
475direct the movement of traffic thereon; to maintain the public
476peace by preventing violence on highways; to apprehend fugitives
477from justice; to enforce all laws regulating and governing
478traffic, travel, and public safety upon the public highways and
479providing for the protection of the public highways and public
480property thereon, including the security and safety of this
481state’s transportation infrastructure; to make arrests without
482warrant for the violation of any state law committed in their
483presence in accordance with state law; providing that no search
484may be made unless it is incident to a lawful arrest, to
485regulate and direct traffic concentrations and congestions; to
486enforce laws governing the operation, licensing, and taxing and
487limiting the size, weight, width, length, and speed of vehicles
488and licensing and controlling the operations of drivers and
489operators of vehicles, including the safety, size, and weight of
490commercial motor vehicles; to collect all state fees and
491revenues levied as an incident to the use or right to use the
492highways for any purpose, including the taxing and registration
493of commercial motor vehicles; to require the drivers of vehicles
494to stop and exhibit their driver licenses, registration cards,
495or documents required by law to be carried by such vehicles; to
496investigate traffic accidents, secure testimony of witnesses and
497of persons involved, and make report thereof with copy, if
498requested in writing, to any person in interest or his or her
499attorney; to investigate reported thefts of vehicles; and to
500seize contraband or stolen property on or being transported on
501the highways. Each patrol officer of the Florida Highway Patrol
502is subject to and has the same arrest and other authority
503provided for law enforcement officers generally in chapter 901
504and has statewide jurisdiction. Each officer also has arrest
505authority as provided for state law enforcement officers in s.
506901.15. This section does not conflict with, but is supplemental
507to, chapter 933.
508(2) To assist other constituted law enforcement officers of
509the state to quell mobs and riots, guard prisoners, and police
510disaster areas.
511(3)(a) To make arrests while in fresh pursuit of a person
512believed to have violated the traffic and other laws.
513(b) To make arrest of a person wanted for a felony or
514against whom a warrant has been issued on any charge in
515violation of federal, state, or county laws or municipal
516ordinances.
517(4)(a) All fines and costs and the proceeds of the
518forfeiture of bail bonds and recognizances resulting from the
519enforcement of this chapter by patrol officers shall be paid
520into the fine and forfeiture fund established pursuant to s.
521142.01 of the county where the offense is committed. In all
522cases of arrest by patrol officers, the person arrested shall be
523delivered forthwith by the officer to the sheriff of the county,
524or he or she shall obtain from the person arrested a
525recognizance or, if deemed necessary, a cash bond or other
526sufficient security conditioned for his or her appearance before
527the proper tribunal of the county to answer the charge for which
528he or she has been arrested; and all fees accruing shall be
529taxed against the party arrested, which fees are [hereby] declared
530to be part of the compensation of the sheriffs authorized to be
531fixed by the Legislature under s. 5(c), Art. II of the State
532Constitution, to be paid such sheriffs in the same manner as
533fees are paid for like services in other criminal cases. All
534patrol officers are [hereby] directed to deliver all bonds
535accepted and approved by them to the sheriff of the county in
536which the offense is alleged to have been committed. However, a
537sheriff shall not be paid any arrest fee for the arrest of a
538person for violation of any section of chapter 316 when the
539arresting officer was transported in a Florida Highway Patrol
540car to the vicinity where the arrest was made; and a sheriff
541shall not be paid any fee for mileage for himself or herself or
542a prisoner for miles traveled in a Florida Highway Patrol car. A
543patrol officer is not entitled to any fee or mileage cost except
544when responding to a subpoena in a civil cause or except when
545the patrol officer is appearing as an official witness to
546testify at any hearing or law action in any court of this state
547as a direct result of his or her employment as a patrol officer
548during time not compensated as a part of his or her normal
549duties. Nothing herein shall be construed as limiting the power
550to locate and to take from any person under arrest or about to
551be arrested deadly weapons. This section is not a limitation
552upon existing powers and duties of sheriffs or police officers.
553(b) Any person so arrested and released on his or her own
554recognizance by an officer and who fails to appear or respond to
555a notice to appear, in addition to the traffic violation charge,
556commits a noncriminal traffic infraction subject to the penalty
557provided in s. 318.18(2).
558(5) The department may employ or assign some fit and
559suitable person with experience in the field of public relations
560who shall promote, coordinate, and publicize the traffic safety
561activities in the state and assign such person to the office of
562the Governor at a salary to be fixed by the department. The
563person so assigned or employed shall be a member of the uniform
564division of the Florida Highway Patrol, and he or she shall have
565the 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.
569Section 15. Paragraph (a) of subsection (2) of section
570321.051, Florida Statutes, is amended to read:
571321.051 Florida Highway Patrol wrecker operator system;
572penalties 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
576wrecker operator system using qualified, reputable wrecker
577operators for removal and storage of wrecked or disabled
578vehicles from a crash scene or for removal and storage of
579abandoned vehicles, in the event the owner or operator is
580incapacitated or unavailable or leaves the procurement of
581wrecker service to the officer at the scene. All reputable
582wrecker operators are eligible for use in the system provided
583their equipment and drivers meet recognized safety
584qualifications and mechanical standards set by rules of the
585Division of the Florida Highway Patrol for the size of vehicle
586it is designed to handle. The division may not exclude a wrecker
587operator from the wrecker operator system or fail to designate a
588wrecker operator as an authorized wrecker operator based solely
589on a prior felony conviction unless such conviction is for a
590forcible felony as defined in s. 776.08 or a felony listed in s.
591812.014(2)(c)6. or s. 812.16(2). The division may [is authorized]
592[to] limit the number of wrecker operators participating in the
593wrecker operator system, which authority shall not affect
594wrecker operators currently participating in the system
595established by this section. The division must establish maximum
596rates for the towing and storage of vehicles removed at the
597division’s request, where such rates have not been set by a
598county or municipality pursuant to s. 125.0103 or s. 166.043.
599Such rates may [shall] not be considered rules for the purpose of
600chapter 120; however, the department shall establish by rule a
601procedure for setting such rates.
602Section 16. Section 321.245, Florida Statutes, is amended
603to read:
604321.245 Disposition of certain funds [in the Highway Safety]
605[Operating Trust Fund].—The director of the Florida Highway
606Patrol, after receiving recommendations from the commander of
607the auxiliary, may [is authorized to] purchase uniforms and
608equipment for auxiliary law enforcement officers as defined in
609s. 321.24 from funds in the Department of Law Enforcement
610Operating Trust Fund [described in s. 324.0221(3)]. The amounts
611expended under this section shall not exceed $50,000 in any one
612fiscal year.
613Section 17. Section 321.25, Florida Statutes, is amended to
614read:
615321.25 Training provided at patrol schools.—The Department
616of Law Enforcement may [Highway Safety and Motor Vehicles is]
617[authorized to] provide for the training of law enforcement
618officials and individuals in matters relating to the duties,
619functions, and powers of the Florida Highway Patrol in the
620schools established by the Department of Highway Safety and
621Motor Vehicles, or, on or after July 1, 2026, established by the
622Department of Law Enforcement, for the training of highway
623patrol candidates and officers. The Department of Law
624Enforcement may [Highway Safety and Motor Vehicles is authorized]
625[to] charge a fee for providing the training authorized by this
626section. The fee shall be charged to persons attending the
627training. The fee shall be based on the department’s [Department]
628[of Highway Safety and Motor Vehicles’] costs for providing the
629training, and such costs may include, but are not limited to,
630tuition, lodging, and meals. Revenues from the fees shall be
631used to offset the department’s [Department of Highway Safety and]
632[Motor Vehicles’] costs for providing the training. The cost of
633training local enforcement officers shall be paid for by their
634respective offices, counties or municipalities, as the case may
635be. Such cost shall be deemed a proper county or municipal
636expense or a proper expenditure of the office of sheriff.
637Section 18. Subsection (2) of section 338.239, Florida
638Statutes, is amended to read:
639338.239 Traffic control on the turnpike system.—
640(2) Members of the Florida Highway Patrol are vested with
641the power, and charged with the duty, to enforce the rules of
642the department. Approved expenditures incurred by the Florida
643Highway Patrol in carrying out its powers and duties under ss.
644338.22-338.241 may be treated as a part of the cost of the
645operation of the turnpike system, and the Department of Law
646Enforcement [Highway Safety and Motor Vehicles] shall be
647reimbursed by the turnpike enterprise for such expenses incurred
648on the turnpike system. Florida Highway Patrol Troop K shall be
649headquartered with the turnpike enterprise and shall be the
650official and preferred law enforcement troop for the turnpike
651system. The Department of Law Enforcement [Highway Safety and]
652[Motor Vehicles] may, upon request of the executive director of
653the turnpike enterprise and approval of the Legislature,
654increase the number of authorized positions for Troop K, or the
655executive director of the turnpike enterprise may contract with
656the Department of Law Enforcement [Highway Safety and Motor]
657[Vehicles] for additional troops to patrol the turnpike system.
658Section 19. Paragraph (a) of subsection (2) of section
659713.78, Florida Statutes, is amended to read:
660713.78 Liens for recovering, towing, or storing vehicles
661and vessels.—
662(2)(a) A towing-storage operator may charge the owner or
663operator of a vehicle or vessel only the following fees for, or
664incidental to, the recovery, removal, or storage of the vehicle
665or vessel:
6661. Any reasonable fee for service specifically authorized
667under s. 125.0103 or s. 166.043 by ordinance, resolution,
668regulation, or rule of the county or municipality in which the
669service is performed.
6702. Any reasonable fee for service specifically authorized
671by the Division of the Florida Highway Patrol of the Department
672of Law Enforcement [Highway Safety and Motor Vehicles] under s.
673321.051(2).
6743. Any reasonable fee for service as agreed upon in writing
675between a towing-storage operator and the owner of a vehicle or
676vessel.
6774. Any lien release administrative fee as set forth in
678paragraph (15)(a).
6795. Any reasonable administrative fee or charge imposed by a
680county or municipality pursuant to s. 125.01047, s. 166.04465,
681or s. 323.002 upon the registered owner or other legally
682authorized person in control of a vehicle or vessel.
683Section 20. This act shall take effect July 1, 2026.