Florida Senate - 2025                             CS for SB 1450
       
       
        
       By the Committee on Criminal Justice; and Senator Burgess
       
       
       
       
       
       591-03148-25                                          20251450c1
    1                        A bill to be entitled                      
    2         An act relating to arrest and detention of individuals
    3         with significant medical conditions; creating s.
    4         901.1501, F.S.; defining the term “person with a
    5         significant medical condition”; providing that a law
    6         enforcement officer may use his or her discretion in
    7         determining whether to make an immediate arrest of
    8         such person; providing construction; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 901.1501, Florida Statutes, is created
   14  to read:
   15         901.1501 Immediate arrest of a person with a significant
   16  medical condition.—
   17         (1) As used in this section, the term “person with a
   18  significant medical condition” means a person who is a patient
   19  or resident of a hospital licensed under chapter 395, a nursing
   20  home facility licensed under part II of chapter 400, or an
   21  assisted living facility licensed under part I of chapter 429.
   22         (2) In determining whether to make an immediate arrest of a
   23  person with a significant medical condition, including an arrest
   24  for an offense committed against an elderly person or a disabled
   25  adult, a law enforcement officer may use his or her discretion
   26  based on the totality of the circumstances, including
   27  consideration of whether the person is a current or continued
   28  threat to public safety or himself or herself or a flight risk,
   29  and may consider all available lawful methods of making an
   30  arrest, including seeking an arrest warrant under s. 901.02.
   31         (3) This section does not prohibit a law enforcement
   32  officer from arresting a person without a warrant under s.
   33  901.15, or making such an arrest by any lawful method.
   34         Section 2. This act shall take effect July 1, 2025.