Florida Senate - 2026 SB 1390
By Senator Bernard
24-01109A-26 20261390__
1 A bill to be entitled
2 An act relating to surrendering to law enforcement;
3 providing a short title; creating s. 901.155, F.S.;
4 defining terms; requiring law enforcement agencies to
5 implement a procedure for interviewing a surrendering
6 person; requiring that such procedure include
7 specified actions; authorizing a law enforcement
8 officer interviewing a surrendering person to
9 temporarily detain or arrest such person under certain
10 circumstances; requiring a law enforcement officer
11 interviewing a surrendering person to deliver, or have
12 delivered, such person to the nearest receiving
13 facility for involuntary examination under certain
14 circumstances; requiring the law enforcement officer
15 to execute a written report detailing such
16 circumstances; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. This act may be cited as “Vassallo’s Law.”
21 Section 2. Section 901.155, Florida Statutes, is created to
22 read:
23 901.155 Persons who surrender to law enforcement when no
24 warrant has been issued.—
25 (1) As used in this section, the term:
26 (a) “Law enforcement officer” has the same meaning as in s.
27 943.10(1).
28 (b) “Office” means the office of a law enforcement agency
29 which is accessible to the public.
30 (c) “Surrendering person” means a person who enters an
31 office and attempts to be taken into custody by a law
32 enforcement agency for a violation of criminal law when no
33 warrant for such person’s arrest has been issued.
34 (2) A law enforcement agency shall implement a procedure
35 for interviewing a surrendering person. Each law enforcement
36 agency may develop its own procedure, which must include, but
37 need not be limited to, all of the following:
38 (a) The staff member who greets persons who enter the
39 office shall do all of the following:
40 1. Document identification and contact information for the
41 surrendering person.
42 2. Notify an onsite law enforcement officer that a
43 surrendering person has come to the office.
44 3. Determine whether the law enforcement agency has issued
45 an alert to be on the lookout for a person who meets the
46 description of the surrendering person.
47 (b) Upon notification that a surrendering person has come
48 to the office, a law enforcement officer shall immediately
49 respond to the place where the surrendering person is located
50 and shall conduct a voluntary interview of such person.
51 (c) If, while interviewing the surrendering person, the law
52 enforcement officer determines that such person may have
53 committed a criminal offense in another jurisdiction, the law
54 enforcement officer must determine whether the law enforcement
55 agency in the other jurisdiction has issued an alert to be on
56 the lookout for a person who meets the description of the
57 surrendering person.
58 (3) A law enforcement officer who interviews a surrendering
59 person under this section may:
60 (a) Temporarily detain or arrest such person if the
61 requirements of s. 901.151 are met.
62 (b) Arrest such person without a warrant if any of the
63 circumstances in s. 901.15 arise.
64 (4) If a law enforcement officer who interviews a
65 surrendering person under this section determines that such
66 person appears to meet the criteria for involuntary examination
67 pursuant to s. 394.463, he or she must deliver the person or
68 have him or her delivered to the nearest receiving facility for
69 examination and must execute a written report detailing the
70 circumstances under which the person was taken into custody.
71 Section 3. This act shall take effect July 1, 2026.