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Sixth District Court of Appeal Limits Officers’ Authority to Investigate DUI Offenses

On June 14, 2024, the Sixth DCA limited an officer’s authority to conduct DUI investigations that extend into other jurisdictions, and in doing so, has created a conflict with existing Florida law. In State v. Repple, the...more

Florida Supreme Court Affirms Officers’ Authority to Order a Driver out of a Vehicle During a Traffic Stop for Officer Safety

The Florida Supreme Court recently affirmed what, until recently, had been long standing law: an officer may order a driver out of the vehicle for officer safety during a routine traffic stop without an individualized...more

Florida Develops Comprehensive Plan to Address  Camping and Sleeping on Public Property

In an effort to address homelessness, effective October 1, 2024, the State of Florida implements its comprehensive plan to preempt local ordinances permitting public camping or sleeping, to provide standards for lawful...more

Florida’s Limited Waiver of Sovereign Immunity Requires Proof that Pre-Suit Statutory Notice of Claim Actually be Received within...

Sovereign immunity stands for the long-standing premise that the government cannot be sued without its consent. The immunity applies to the State of Florida and all subdivisions of the state, including counties,...more

It’s No Joke: First DCA Upholds Statutory Fines Against Individual Officials for Violations of Florida Firearms Preemption

The Florida Legislature has clearly staked out its role in legislating firearms regulations.  It remains the sole authority to implement laws regarding firearms regulations, and Florida’s courts have consistently prevented...more

On-Duty Law Enforcement Officers are Entitled to Invoke Marsy’s Law Victim Confidentiality

Marsy’s Law was approved by Florida voters in the 2018 general election and amended Article I, Section 16 of the Florida Constitution to provide substantive rights to crime victims.  The Amendment provides crime victims the...more

Florida Governor’s Executive Order 20-91: Florida is Closed, Violators are Subject to Custodial Arrest

The rapid spread of novel coronavirus (COVID 19) throughout Florida has created unprecedented challenges for state and local governments, local businesses, residents, and visitors. Within one month, Florida has transitioned...more

The People Have Spoken: Marsy's Law and its Impact on Law Enforcement Agencies

Marsy’s Law was approved by Florida voters in the 2018 general election and amended Article I, Section 16 of the Florida Constitution to provide substantive rights to crime victims....more

Mental Health, Baker Act, and Firearms: What's an Agency to Do?

Florida’s law enforcement agencies are frequently presented with calls for service involving individuals threatening others or themselves. When qualifying conditions are met, officers may involuntarily commit those who pose a...more

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