The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Committee on Criminal and Civil Justice
BILL: CS/SB 1450
INTRODUCER: Criminal Justice Committee and Senator Burgess
SUBJECT: Arrest and Detention of Individuals with Significant Medical Conditions
DATE: April 14, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Vaughan Stokes CJ Fav/CS
2. Kolich Harkness ACJ Favorable
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1450 creates s. 901.1501, F.S., to provide that a law enforcement officer may use his or
her discretion based on the totality of the circumstances in determining whether to make an
immediate arrest of a person with a significant medical condition, including an arrest for an
offense committed against an elderly person or disabled adult.
The bill defines a “person with a significant medical condition” as a person who is a patient or
resident of a hospital,
nursing home facility or an assisted living facility.
The bill specifies that a law enforcement officer may consider all lawful methods to make an
arrest of such a person, including seeking an arrest warrant, but does not preclude the officer
from making an immediate physical arrest of such a person.
This bill may have an indeterminate prison bed impact (unquantifiable increase or decrease on
prison beds) on the Department of Corrections. See Section V., Fiscal Impact Statement.
The bill takes effect on July 1, 2025.
REVISED: BILL: CS/SB 1450 Page 2
II. Present Situation:
Senior aggression and violence encountered in the long-term care service industry occurs when
residents assault staff or each other.
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Residents of a hospital,
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nursing home facility
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or an
assisted living facility
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may suffer from dementia or other cognitive impairments that can result
in residential aggression and mistreatment of others in the facility.
Arrests
A law enforcement officer
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is authorized to arrest a person who commits a criminal offense. A
law enforcement officer may make such an arrest after first obtaining an arrest warrant or, in
specified circumstances, he or she may make an immediate arrest without a warrant.
A law enforcement officer must request approval from a judge to obtain an arrest warrant. A
judge is authorized to issue a warrant authorizing a person’s arrest for committing any crime if
he or she finds probable cause that the person committed a crime within his or her jurisdiction.
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When a judge signs an arrest warrant, he or she also sets a bond amount for a defendant. which
allows a defendant to be released from jail upon payment if a defendant is arrested under the
warrant.
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An officer making an arrest by a warrant shall inform the person to be arrested of the cause of
arrest and that a warrant has been issued, except when the person flees or forcibly resists before
the officer has an opportunity to inform the person, or when giving the information will imperil
the arrest. The warrant does not need to be in the officer’s possession at the time of arrest, but
available on request as soon as practicable.
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1
International Association for Healthcare Security and Safety Foundation, Violence and Security in Skilled Nursing/Assisted
Care Facilities, available at https://iahssf.org/assets/IAHSS-Foundation-Violence-and-Security-in-Skilled-Nursing-and-
Assisted-Care-Facilities-181203.pdf (last visited April 9, 2025).
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Hospital” means any establishment that offers services more intensive than those required for room, board, personal
services, and general nursing care, and offers facilities and beds for use beyond 24 hours by individuals requiring diagnosis,
treatment, or care for illness, injury, deformity, infirmity, abnormality, disease, or pregnancy; and regularly makes available
at least clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical care, or other
definitive medical treatment of similar extent, except that a critical access hospital, as defined in s. 408.07, F.S., shall not be
required to make available treatment facilities for surgery, obstetrical care, or similar services as long as it maintains its
critical access hospital designation and shall be required to make such facilities available only if it ceases to be designated as
a critical access hospital. However, the provisions of ch. 395, F.S., do not apply to any institution conducted by or for the
adherents of any well-recognized church or religious denomination that depends exclusively upon prayer or spiritual means
to heal, care for, or treat any person. For purposes of local zoning matters, the term “hospital” includes a medical office
building located on the same premises as a hospital facility, provided the land on which the medical office building is
constructed is zoned for use as a hospital; provided the premises were zoned for hospital purposes on January 1, 1992.
Section 395.002(12), F.S.
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“Nursing home facility” means any facility which provides nursing services under part I, ch. 464, F.S., and which is
licensed under part II, ch. 400, F.S. Section. 400.021(12), F.S
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”Assisted living facility” means any building or buildings, section or distinct part of a building, private home, boarding
home, home for the aged, or other residential facility, regardless of whether operated for profit, which through its ownership
or management provides housing, meals, and one or more personal services for a period exceeding 24 hours to one or more
adults who are not relatives of the owner or administrator. Section 429.02(5), F.S.
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Section 943.10(1), F.S.
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Section 901.02, F.S.
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Section 901.16, F.S.
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Section 901.16, F.S. BILL: CS/SB 1450 Page 3
A law enforcement officer may arrest a person without a warrant under certain statutorily
enumerated circumstances, including when:
• The person has committed a felony or misdemeanor or violated a municipal or county
ordinance in the presence of the officer. An arrest for the commission of a misdemeanor or
the violation of a municipal or county ordinance shall be made immediately or in fresh
pursuit.
• A felony has been committed and he or she reasonably believes that the person committed it.
• He or she reasonably believes that a felony has been or is being committed and that the
person to be arrested has committed or is committing it.
• There is probable cause to believe a person has committed certain enumerated misdemeanor
offenses for which a warrantless arrest has been explicitly authorized by statute, such as a
battery, criminal mischief or graffiti, an act of domestic violence, an injunction violation, or
sexual cyberharassment.
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Bail and Pretrial Detention
Except when previously released in a lawful manner, every arrested person must appear before a
judge within 24 hours of arrest for a “first appearance.
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” During first appearance, a judge
advises a defendant of the charges for which he or she was arrested, and advises a defendant of
specified rights.
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If a judge determines that probable cause exists, the judge then determines
whether a defendant is entitled to pretrial release. A judge may grant pretrial release either by
setting a specified bail amount or releasing the defendant on his or her own recognizance.
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Pretrial Detention
Some offenses committed against an elderly person or disabled adult are classified as a
“dangerous crime” and may require a person to post a bond in order to be released from jail.
Section 907.041, F.S., creates a presumption in favor of release on nonmonetary conditions for
any person who is granted pretrial release unless such person is charged with a “dangerous
crime.”
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A person may not be released on nonmonetary conditions to supervised pretrial release,
unless the pretrial release service certifies to the court it has investigated or otherwise verified:
• The circumstances of the accused’s family, employment, financial resources, character,
mental condition, and length of residence in the community.
• The accused’s record of convictions, of appearances at court proceedings, of flight to avoid
prosecution, or of failure to appear at court proceedings.
• Other facts necessary to assist the court in determining the accused indigency status and
whether he or she should be released on supervised pretrial release.
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9
Section 901.15, F.S.
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Fl. R. Crim. P. 3.130
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Id.
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Fl. R. Crim. P. 3.131
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Section 907.041(5)(a), F.S.
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Section 907.041(3)(b), F.S. BILL: CS/SB 1450 Page 4
No Pretrial Detention
There are offenses for which a person may not be released prior to his or her first appearance
hearing. Under s. 903.011(6), F.S., a defendant may not be released prior to his or her first
appearance hearing if he or she:
• Was on pretrial release, probation, or community control in this state or any other state at the
time of arrest for a felony;
• Was designated as a sexual offender or sexual predator in this state or any other state at the
time of arrest;
• Was arrested for violating a protective injunction;
• Was, at the time of arrest, on release from supervision by the Department of Corrections
under conditional release, control release, conditional medical release, or an addiction
recovery supervision program;
• Has, at any time before the current arrest, been sentenced as a prison releasee reoffender,
habitual violent felony offender, three-time violent felony offender, or violent career
criminal;
• Has been arrested three or more times in the six months immediately preceding his or her
current arrest; or
• Was arrested for one or more of the following crimes:
o A capital felony, life felony, first degree felony, or second degree felony;
o A homicide under ch. 782, F.S.; or any attempt, solicitation, or conspiracy to commit a
homicide;
o Assault in furtherance of a riot or an aggravated riot; felony battery; domestic battery by
strangulation; domestic violence, as defined in s. 741.28, F.S.; stalking; mob
intimidation; assault or battery on a law enforcement officer; assault or battery on a
juvenile probation officer or other staff of a detention center or commitment facility, or a
staff member of a commitment facility or health services personnel; assault or battery on
a person 65 years of age or older; robbery; burglary; carjacking; or resisting an officer
with violence;
o Kidnapping, false imprisonment, human trafficking, or human smuggling;
o Possession of a firearm or ammunition by a felon, violent career criminal, or person
subject to an injunction against committing acts of domestic violence, stalking, or
cyberstalking;
o Sexual battery; indecent, lewd, or lascivious touching; exposure of sexual organs; incest;
luring or enticing a child; or child pornography;
o Abuse, neglect, or exploitation of an elderly person or disabled adult;
o Child abuse or aggravated child abuse;
o Arson; riot, aggravated riot, inciting a riot, or aggravated inciting a riot; or a burglary or
theft during a riot;
o Escape; tampering or retaliating against a witness, victim, or informant; destruction of
evidence; or tampering with a jury;
o Any offense committed for the purpose of benefitting, promoting, or furthering the
interests of a criminal gang;
o Trafficking in a controlled substance, including conspiracy to engage in trafficking in a
controlled substance;
o Racketeering; or
o Failure to appear at required court proceedings while on bail. BILL: CS/SB 1450 Page 5
III. Effect of Proposed Changes:
The bill creates s. 901.1501, F.S., to provide that a law enforcement officer may use his or her
discretion based on the totality of the circumstances in determining whether to make an
immediate arrest of a person with a significant medical condition, including an arrest for an
offense committed against an elderly person or disabled adult.
The bill defines a “person with a significant medical condition” as a person who is a patient or
resident of a hospital,
nursing home facility or an assisted living facility.
The bill specifies that a law enforcement officer may consider all lawful methods to make an
arrest of such a person, including seeking an arrest warrant, but does not preclude the officer
from making an immediate physical arrest of such a person.
The bill takes effect on July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The bill does not appear to require cities and counties to expend funds or limit their
authority to raise revenue or receive state-shared revenues as specified by Article VII,
s. 18, of the State Constitution.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None. BILL: CS/SB 1450 Page 6
B. Private Sector Impact:
None.
C. Government Sector Impact:
The Legislature’s Office of Economic and Demographic Research (EDR) and the
Criminal Justice Impact Conference, which provides the final, official estimate of the
prison bed impact, if any, of legislation, has determined that the bill may have an
indeterminate prison bed impact on the Department of Corrections. However, the EDR
noted that there is no data available on the number of offenders who would be impacted
by this new language. Furthermore, it is not known how police officers would use their
discretion in these situations.
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VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 901.1501
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Criminal Justice on April 1, 2025:
The amendment defines “person with a significant medical condition,” and adds “nursing
home facility” to the list of facilities in which such person may reside. The amendment
specifies that officers may use discretion when an offense is against an elderly persons or
disabled adults and committed by a person with a significant medical condition.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
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Office of Economic and Demographic Research, SB 1450 Arrest and Detention of Individuals with Significant Medical
Conditions, (on file with the Senate Committee on Criminal Justice)