Move Over “Move Over” laws – there is a new approach to protecting first responders. The State of Florida has enacted a new law termed the “Halo Law.” While move over laws are aimed at protecting first responders on the roadways, the Halo Law applies anywhere that first responders are actively performing their duties by creating a 25-foot buffer zone to allow them to carry on their duties.
The law protects law enforcement officers, firefighters, and emergency medical personnel by making it a criminal offense for anyone to ignore verbal requests to backup with intent to:
1. Impede or interfere with the first responder’s ability to perform such duty;
2. Threaten the first responder with physical harm; or
3. Harass the first responder.
The law goes into effect today, January 1, 2025. It will likely be challenged on First Amendment grounds. Here is the full text:
Florida Statutes 843.31 Approaching a first responder with specified intent after a warning.
(1) As used in this section, the term:
(a) “First responder” includes a law enforcement officer as defined in s. 943.10(1), a correctional probation officer as defined in s. 943.10(3), a firefighter as defined in s. 784.07(1), and an emergency medical care provider as defined in s. 784.07(1).
(b) “Harass” means to willfully engage in a course of conduct directed at a first responder which intentionally causes substantial emotional distress in that first responder and serves no legitimate purpose.
(2)(a) It is unlawful for a person, after receiving a verbal warning not to approach from a person he or she knows or reasonably should know is a first responder, who is engaged in the lawful performance of a legal duty, to knowingly and willfully violate such warning and approach or remain within 25 feet of the first responder with the intent to:
1. Impede or interfere with the first responder’s ability to perform such duty;
2. Threaten the first responder with physical harm; or
3. Harass the first responder.
(b) A person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 2024-85.