Gov. Ron DeSantis has signed HB 1099, which will allow law enforcement officers greater say in whether to immediately arrest individuals with a “significant medical condition.”
To be eligible for more leeway, the people in question would have to be living in a hospital, nursing home or assisted living facility.
Under the law, effective July 1, officers can weigh a person’s medical status and overall risk to public safety when deciding to make an immediate arrest for a crime, including offenses against elderly people or disabled adults.
They may also consider whether the person is a flight risk.
Instead of an immediate, on-site arrest, the officer may instead choose other lawful methods, including obtaining an arrest warrant. The goal, DeSantis said before signing the measure Wednesday, is to support law enforcement as “they’re doing jobs in very difficult circumstances.”
Lakeland Republican Rep. Jennifer Canady, who carried the measure in the House with bipartisan support, said in a statement that it is meant to “protect some of Florida’s most vulnerable citizens” while addressing challenges police encounter when responding to cases “involving primarily the infirm elderly.”
Its inspiration, she said, was a 2023 Polk County case in which police responded to a complaint of battery on a person over 65.
The suspect lived in a long-term care facility. The victim was their roommate and declined to press charges. But because the crime is classified as a felony, police had no choice but to arrest and detain the suspect under Florida’s elder abuse statute, and the suspect died in custody.
“Federal law states long-term facilities must report crimes occurring on property. Even in cases absent of malice or lack of cognition, arrest is required. Law enforcement is not permitted to exercise any discretion. Jails are then required to deliver care they cannot realistically provide, such as for those having advanced dementia, paralysis, and other geriatric maladies,” Canady said.
“HB 1099 would not prohibit law enforcement from arresting or impede pretrial detention, but gives discretion, based on all the circumstances, when determining the arrest of an individual with special medical conditions living in one of these facilities or hospital.”
Canady enjoyed cosponsorship support from Democratic Reps. Robin Bartleman, Rita Harris and Johanna López, and Republican Reps. David Borrero, Jim Mooney and Susan Plasencia.
Zephyrhills Republican Sen. Danny Burgess carried its upper-chamber analog (SB 1450), which cleared all three of its committee stops and the Senate floor with only “yes” votes.
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