Florida Statute 321.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 321
HIGHWAY PATROL

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F.S. 321.02

321.02 Powers and duties of department, highway patrol.—The director of the Division of Highway Patrol of the Department of Highway Safety and Motor Vehicles shall also be the commander of the Florida Highway Patrol. The said department shall set up and promulgate rules and regulations by which the personnel of the Florida Highway Patrol officers shall be examined, employed, trained, located, suspended, reduced in rank, discharged, recruited, paid and pensioned, subject to civil service provisions hereafter set out. The department may enter into contracts or agreements, with or without competitive bidding or procurement, to make available, on a fair, reasonable, nonexclusive, and nondiscriminatory basis, property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 47 U.S.C. s. 153(27) or s. 332(d), and any telecommunications company as defined in s. 364.02 when it is determined to be practical and feasible to make such property or other structures available. The department may, without adopting a rule, charge a just, reasonable, and nondiscriminatory fee for placement of the facilities, payable annually, based on the fair market value of space used by comparable communications facilities in the state. The department and a wireless provider or telecommunications company may negotiate the reduction or elimination of a fee in consideration of services provided to the division by the wireless provider or the telecommunications company. All such fees collected by the department shall be deposited directly into the State Agency Law Enforcement Radio System Trust Fund, and may be used to construct, maintain, or support the system. The department is further specifically authorized to purchase, sell, trade, rent, lease and maintain all necessary equipment, uniforms, motor vehicles, communication systems, housing facilities, office space, and perform any other acts necessary for the proper administration and enforcement of this chapter. However, all supplies and equipment consisting of single items or in lots shall be purchased under the requirements of s. 287.057. Purchases shall be made by accepting the bid of the lowest responsive bidder, the right being reserved to reject all bids. The department shall prescribe a distinctive uniform and distinctive emblem to be worn by all officers of the Florida Highway Patrol. It shall be unlawful for any other person or persons to wear a similar uniform or emblem, or any part or parts thereof. The department shall also prescribe distinctive colors for use on motor vehicles and motorcycles operated by the Florida Highway Patrol. The prescribed colors shall be referred to as “Florida Highway Patrol black and tan.”

History.—s. 3, ch. 19551, 1939; CGL 1940 Supp. 4151(617); s. 3, ch. 20451, 1941; s. 1, ch. 29756, 1955; s. 1, ch. 57-754; ss. 24, 35, ch. 69-106; s. 27, ch. 90-268; s. 3, ch. 96-357; s. 123, ch. 2002-20; s. 60, ch. 2010-5.

F.S. 321.02 on Google Scholar

F.S. 321.02 on Casetext

Amendments to 321.02

Arrestable Offenses / Crimes under Fla. Stat. 321.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 321.02.

Annotations, Discussions, Cases:

Cases Citing Statute 321.02

Total Results: 20

Sandra Katherine Smith-Fullerton v. David Miles Fullerton

Court: District Court of Appeal of Florida | Date Filed: 2024-12-06

Snippet: McFall v. Welsh, 301 So. 3d 320, 321 2 (Fla. 5th DCA 2019) (quoting Inglis

Sult v. State

Court: Supreme Court of Florida | Date Filed: 2005-06-23

Citation: 906 So. 2d 1013, 2005 WL 1475338

Snippet: unauthorized wearing a misdemeanor offense); see also § 321.02, Fla. Stat. (2004) (directing the Department of

Plute v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-01-24

Citation: 835 So. 2d 368, 2003 WL 159912

Snippet: armed robberies each resulted in a sentence of 321.2 months or 26.76 years, and each sentence included

Ago

Court: Florida Attorney General Reports | Date Filed: 1997-04-15

Snippet: school personnel while a different statute, s. 230.321(2), Fla. Stat., provides for the school board to contract

Ago

Court: Florida Attorney General Reports | Date Filed: 1997-01-10

Snippet: Highway Safety and Motor Vehicles. . . ."2 Section 321.02, Florida Statutes, authorizes the department to

In Re Court Divisions

Court: District Court of Appeal of Florida | Date Filed: 1994-10-03

Citation: 648 So. 2d 761

Snippet: persons not residing in the state) (r) Section 624.321(2) (Action to compel testimony pursuant to subpoena

First Bank v. Rogers NK Seed Co.

Court: District Court of Appeal of Florida | Date Filed: 1994-05-06

Citation: 637 So. 2d 11, 1994 WL 169529

Snippet: value is a perfected security interest... ." § 678.321(2), Fla. Stat. (1989). Although such a security interest

Albo v. State

Court: District Court of Appeal of Florida | Date Filed: 1985-10-29

Citation: 477 So. 2d 1071, 10 Fla. L. Weekly 2437

Snippet: agency which exercises law enforcement authority §§ 321.02, 321.05, 322.02(1), (2), Fla. Stat. (1983). (The

Ago

Court: Florida Attorney General Reports | Date Filed: 1984-06-14

Snippet: schools a reasonable annual salary." See, s 230.321(2) and (3), F.S. While s 230.321 requires the school

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Court: Florida Attorney General Reports | Date Filed: 1982-08-19

Snippet: regulations relating to their appointment. See, s 230.321(2), F.S. Section 230.321(3), F.S., provides that the

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Court: Florida Attorney General Reports | Date Filed: 1978-04-20

Snippet: 726 (Fla. 1920); Bishop v. Nussbaum, 175 So.2d 321 (2 D.C.A. Fla. 1965). A concept similar to dedication

Sheffield v. Department of Highway Safety & Motor Vehicles

Court: District Court of Appeal of Florida | Date Filed: 1978-03-07

Citation: 356 So. 2d 353, 1978 Fla. App. LEXIS 15481

Snippet: Division of the Florida Highway Patrol, who by Section 321.02, Florida Statutes, is the commander of the Florida

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-03-10

Snippet: Statutes to the contrary notwithstanding," s. 112.321(2), F. S., empowering the commission to employ and

Rennolds v. Rennolds

Court: District Court of Appeal of Florida | Date Filed: 1975-05-14

Citation: 312 So. 2d 538

Snippet: Bardwell v. Albertson (1935), 120 Fla. 106, 162 So. 321. [2] See 5 Fla.Jur. Cancellation, Reformation, and

White v. Pinellas County

Court: Supreme Court of Florida | Date Filed: 1966-04-13

Citation: 185 So. 2d 468

Snippet: case of Angelle v. State, 212 La. 1069, 34 So.2d 321, 2 A.L.R.2d 666, in support of the following pronouncement:

White v. Pinellas County

Court: District Court of Appeal of Florida | Date Filed: 1965-03-24

Citation: 174 So. 2d 88, 1965 Fla. App. LEXIS 4538

Snippet: Angelle v. State, 1948, 212 La. 1069, 34 So.2d 321, 2 A.L.R.2d 666 and Annot. 2 A.L.R.2d 677 (1948).

Frates v. Nichols

Court: District Court of Appeal of Florida | Date Filed: 1964-09-24

Citation: 167 So. 2d 77

Snippet: see Frates v. Nichols, Fla.App. 1962, 140 So.2d 321. [2] It was stipulated by the parties that Fay had

State Farm Mutual Automobile Insurance Co. v. Ganz

Court: District Court of Appeal of Florida | Date Filed: 1960-03-23

Citation: 119 So. 2d 319, 1960 Fla. App. LEXIS 2453

Snippet: throw them out onto the street, on the highway." *321 2 Jones, Evidence § 268 (5th ed. 1958) says: "The

State Road Department of Florida v. Darby

Court: District Court of Appeal of Florida | Date Filed: 1959-03-05

Citation: 109 So. 2d 591, 1959 Fla. App. LEXIS 3097

Snippet: property. Angelle v. State, 212 La. 1069, 34 So.2d 321, 2 A.L.R.2d 666. The converse is true where, as in

Byrd v. State

Court: Supreme Court of Florida | Date Filed: 1941-04-18

Citation: 1 So. 2d 624, 146 Fla. 686, 1941 Fla. LEXIS 1213

Snippet: cases cited in the text; Smith v. State, 28 Ind. 321; 2 Bish. Crim. Pro., Sec. 752; State v. Hopkins, 56