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Florida Statute 321.04 - Full Text and Legal Analysis Florida Statute 321.04 | Lawyer Caselaw & Research
Fla. Stat. § 321.04 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
321.04 Personnel of the highway patrol; rank classifications; probationary status of new patrol officers; subsistence; special assignments.
(1) The Department of Highway Safety and Motor Vehicles shall employ patrol officers, as authorized by the Legislature in appropriating funds for their salaries exclusive of those members of the patrol who are assigned to and paid by special departments; and shall establish the necessary supervisory ranks within the Florida Highway Patrol to efficiently supervise and carry out the designated functions of the patrol and the department in accordance with the regulations established by the Department of Management Services.
(2) Each person who is employed as a patrol officer shall be carried on a probationary status for the period of 1 year from date of employment, during which period he or she may be dismissed without recourse. Patrol officers when sent on special detail or missions out of their regular assigned territories or headquarters shall be reimbursed for travel expenses as provided in s. 112.061.
(3)(a) The Department of Highway Safety and Motor Vehicles shall assign one patrol officer to the office of the Governor; said patrol officer so assigned shall be selected by the Governor and shall have rank and pay not less than that of a lieutenant of the Florida Highway Patrol, and said patrol officer so assigned shall be paid by said department from the appropriation made to said department; said patrol officer shall have and receive all other benefits provided for in this chapter or any other statute now in existence or hereinafter enacted.
(b) For the 2024-2025 fiscal year only, upon the request of the Governor, the Department of Highway Safety and Motor Vehicles shall assign one or more patrol officers to the office of the Lieutenant Governor for security services. This paragraph expires July 1, 2025.
(4) Upon request of the Attorney General, the Department of Highway Safety and Motor Vehicles shall assign one or more patrol officers to the Office of the Attorney General for security services.
(5) For the 2024-2025 fiscal year only, the assignment of a patrol officer by the department shall include a Cabinet member specified in s. 4, Art. IV of the State Constitution if deemed appropriate by the department or in response to a threat and upon written request of such Cabinet member. This subsection expires July 1, 2025.
History.s. 4, ch. 19551, 1939; CGL 1940 Supp. 4151(618); s. 4, ch. 20451, 1941; s. 1, ch. 24151, 1947; s. 2, ch. 26800, 1951; s. 2, ch. 28125, 1953; s. 1, ch. 29816, 1955; s. 1, ch. 31393, 1956; s. 1, ch. 57-286; s. 1, ch. 59-114; s. 1, ch. 61-253; s. 1, ch. 63-169; s. 19, ch. 63-400; s. 1, ch. 67-44; s. 1, ch. 67-183; ss. 1-3, ch. 69-194; s. 25, ch. 69-353; ss. 24, 31, 35, ch. 69-106; s. 1, ch. 72-33; s. 114, ch. 92-279; s. 55, ch. 92-326; s. 1, ch. 94-81; s. 919, ch. 95-148; ss. 109, 110, ch. 2016-62; s. 48, ch. 2017-71; s. 2, ch. 2017-155; s. 76, ch. 2018-10; s. 95, ch. 2019-116; s. 86, ch. 2020-114; s. 49, ch. 2021-37; s. 70, ch. 2022-157; s. 62, ch. 2023-240; s. 77, ch. 2024-228.

Cases Citing F.S. 321.04

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·Duval Cnty. Sch. Bd. v. State, Dept. of Admin., 500 So. 2d 158 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 1335, 1986 Fla. App. LEXIS 8325, 41 Empl. Prac. Dec. (CCH) 36, 569, 53 Fair Empl. Prac. Cas. (BNA) 1697

specifically provided so, as it did when it stated in section 321.04(4) that no highway patrol officer shall serve
0 red0 yellow1 green0 procedural
Cited as authorityMorrow (1987)
phrase: "rule_authority"
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Equal Emp. Opportunity Comm'n v. Florida, Dep't of High. Saf. & Motor Vehs., 660 F. Supp. 1104 (N.D. Fla. 1986).

Published | District Court, N.D. Florida | 1986 U.S. Dist. LEXIS 29439, 44 Empl. Prac. Dec. (CCH) 37, 404

...During the trial, he appeared to be physically fit, alert, and in good health. (2) Lt. Doyle was forced to retire in 1982 because of FHP's mandatory retirement policy. Under that policy all uniformed officers of FHP are required to retire at the age of 62. This policy is mandated by Florida Statutes § 321.04(4)....

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