Florida SB 1390: Surrendering to Law Enforcement

Bill Text

1390 
Surrendering to Law Enforcement 
2026-01-07T12:03:16Z 
Citing this act as “Vassallo’s Law”; requiring law enforcement agencies to implement a procedure for interviewing a surrendering person; authorizing a law enforcement officer interviewing a surrendering person to temporarily detain or arrest such person under certain circumstances; requiring a law enforcement officer interviewing a surrendering person to deliver, or have delivered, such person to the nearest receiving facility for involuntary examination under certain circumstances, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 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.