What Florida statutes let law enforcement provide escort vehicles for visiting dignitaries?

Plain-English summary

A patrol commander at the Manatee County Sheriff's Office already knew that section 316.1974 deals with funeral processions and authorizes a law enforcement vehicle to provide an escort. He wrote to ask whether any other statutes address local law enforcement using escort vehicles for visiting dignitaries. Assistant Attorney General Joslyn Wilson gave general information rather than a formal opinion, since a formal opinion would have to be requested by the sheriff with a supporting legal memo.

The letter pointed to section 943.68, the statute on Florida Department of Law Enforcement security and transportation services. FDLE protects the Governor and the Governor's family, office, and mansion, and may provide security or transportation to visiting governors and their families at the Governor's request. It may also serve other people when requested by the Governor, Lieutenant Governor, a Cabinet member, the House Speaker, the Senate President, or the Chief Justice, if the requester certifies the service is in the state's best interest and the person is visiting for a significant public purpose (or where not providing it could create a clear danger or embarrass the state). FDLE may coordinate this work with, and request help from, other law enforcement agencies, which are authorized to assist. The letter also cited section 250.06(5), under which the Governor may use the Florida National Guard for escort duty and other ceremonial or public exercises.

Currency note

This opinion was issued in 2008. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

The inquiry started from section 316.1974, which addresses funeral processions and law enforcement escorts. For dignitaries, the office identified section 943.68 as the main statute. Subsection (1) requires FDLE to secure the Governor, the Governor's family, and the executive mansion. Subsection (5) authorizes security or transportation to visiting governors and their families on the Governor's request. Subsection (6) extends this to other persons when a top state official requests it and certifies that the service is in the state's best interest, limited to visitors here for a significant public purpose or where the absence of protection could endanger people or property or embarrass the state. Subsection (7) lets FDLE coordinate these protective and transportation services with other law enforcement agencies and request their assistance, which they are authorized to give.

The office also noted, by comparison, section 250.06(5), under which the Governor may authorize the Florida National Guard to take part in parades, reviews, ceremonies, and escort duty, among other public exercises. Because the question really concerned the sheriff's own authority and duties, the letter suggested consulting the sheriff's department attorney and explained how to request a formal opinion if needed.

Common questions

Q: What statute lets the state protect and transport visiting dignitaries?
A: Section 943.68 has the Florida Department of Law Enforcement provide security and transportation to the Governor and, on request of the Governor or other top officials, to visiting governors and other dignitaries.

Q: Can a local sheriff's office help with a dignitary escort?
A: Yes. Section 943.68(7) lets FDLE coordinate with and request assistance from other law enforcement agencies, which are authorized to provide it.

Q: What conditions apply to protecting a visiting dignitary?
A: A qualifying official must request the service and certify it is in the state's best interest, and it is limited to visitors here for a significant public purpose or situations where the lack of protection could create danger or public embarrassment.

Q: Does the funeral-procession escort statute cover dignitaries?
A: No. Section 316.1974 addresses funeral processions. For dignitary escorts the office pointed instead to section 943.68 and, for the National Guard, section 250.06(5).

Citations and references

Statutes:

• s. 316.1974, Fla. Stat. (funeral processions; law enforcement escort)
• s. 943.68, Fla. Stat. (FDLE security and transportation services)
• s. 250.06(5), Fla. Stat. (Florida National Guard escort and ceremonial duty)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/law-enforcement-use-of-vehicles-to-provide-escort
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8233

Original opinion text

Captain William G. Dixon

Patrol Division Commander

Manatee County Sheriff’s Office

600 U.S. Highway 301 Boulevard West

Suite 202

Bradenton, Florida 34205

Dear Captain Dixon:

You state that you are aware of the provisions of section 316.1974, Florida Statutes, which concerns funeral processions and authorizes the use of law enforcement vehicle to provide an escort. You ask whether there are other statutes addressing the use of escort vehicles by local law enforcement for visiting dignitaries.

I would generally note that section 943.68, Florida Statutes, provides for security and transportation services by the Florida Department of Law Enforcement. Pursuant to subsections (1), (5), and (6) of the statute,

"(1) The department shall provide and maintain the security of the Governor, the Governor's immediate family, and the Governor's office and mansion and the grounds thereof.

• • *

(5) The department is authorized to provide security or transportation to visiting governors and their families upon request by the Governor.

(6) The department [of Law Enforcement] shall provide security or transportation services to other persons when requested by the Governor, the Lieutenant Governor, a member of the Cabinet, the Speaker of the House of Representatives, the President of the Senate, or the Chief Justice of the Supreme Court, subject to certification by the requesting party that such services are in the best interest of the state. The requesting party may delegate certification authority to the executive director of the department. The requesting party shall limit such services to persons:

(a) Who are visiting the state; for whom such services are requested by the Governor, the Lieutenant Governor, a member of the Cabinet, the Speaker of the House of Representatives, the President of the Senate, or the Chief Justice of the Supreme Court; and for whom the primary purpose of the visit is for a significant public purpose; or

(b) For whom the failure to provide security or transportation could result in a clear and present danger to the personal safety of such persons or to the safety of other persons or property within this state or could result in public embarrassment to the state."

Pursuant to subsection (7) of the statute,

"The department is authorized to coordinate transportation and protective services provided under subsections (1), (5), and (6) with other law enforcement agencies and may request the assistance of other law enforcement agencies to carry out the duties required by subsections (1), (5), and (6). The other law enforcement agencies of the state are authorized to provide such assistance as may be requested by the department under this subsection."

Cf. section 250.06(5), Florida Statutes, which provides that the Governor may authorize all or any part of the Florida National Guard to participate in any parade, review, inspection, ceremony, or other public exercise; to serve for escort duty; to participate in training; to provide extraordinary support to law enforcement upon request; and to provide humanitarian relief in situations for which it is uniquely qualified.

You may wish to discuss this matter with the attorney who is responsible for advising the sheriff's department. Should the department wish to request a formal opinion as to the duties of the sheriff’s office, such a request should come from the sheriff accompanied by a memorandum of law prepared by the attorney for the department.

I hope that the above information may be of assistance. Thank you for contacting the Attorney General’s Office.

Sincerely,

Joslyn Wilson

Assistant Attorney General

JW/t