HB 1595 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to a sheriff's jurisdiction and 2
powers; amending s. 30.15, F.S.; revising the powers, 3
duties, and obligations of a sheriff; creating s. 4
125.01015, F.S.; creating an office of the sheriff in 5
each county; providing requirements for the board of 6
county commissioners; requiring such board to provide 7
a specified certification to the Governor and 8
Legislature within a specified timeframe; providi ng a 9
penalty; providing requirements for a sheriff -elect 10
before, and a sheriff upon, taking office; amending s. 11
129.01, F.S.; prohibiting the budget of such board 12
from providing funding to certain offices; amending s. 13
129.021, F.S.; conforming a provision to changes made 14
by the act; providing an effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. Subsection (5) is added to section 30.15, 19
Florida Statutes, to read: 20
30.15 Powers, duties, and obligations. — 21
(5) As required by s. 1(d), Art. VIII of the State 22
Constitution, there shall be an elected sheriff in each Florida 23
county and the transfer of the sheriff's duties to another 24
officer or office is prohibited. 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) The sheriff shall have exclusive policing jurisdic tion 26
in the unincorporated areas of each county. The sheriff's 27
jurisdiction and powers shall run throughout the entire county 28
regardless of whether there are incorporated cities or any other 29
independent districts or governmental entities in the county. 30
The sheriff's jurisdiction is concurrent with any city, 31
district, or other law enforcement agency that has jurisdiction 32
in a city or district. 33
(b) A police department or other policing entity may not 34
be maintained or established by the county's board of cou nty 35
commissioners, or any other county legislative body, to provide 36
any policing in the unincorporated area of any county. Only the 37
duly elected sheriff may provide policing and police functions 38
in the unincorporated area of any county. A county may not 39
contract with or engage in any manner with an incorporated city 40
or district's police department to provide any services provided 41
by the sheriff, including policing or police functions in the 42
unincorporated area of any county. Nothing in this paragraph 43
affects the jurisdiction or powers of any agency of the State of 44
Florida or the United States or prohibits mutual aid agreements 45
between the sheriff and any other police department. 46
Section 2. Section 125.01015, Florida Statutes, is created 47
to read: 48
125.01015 Office of a sheriff. - 49
(1) As required by s. 1(d), Art. VIII of the State 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Constitution, there shall be an elected sheriff in each Florida 51
county. If a county does not have an elected sheriff, one must 52
be elected pursuant to the State Constitution and the board of 53
county commissioners must ensure a successful transfer of the 54
exclusive policing jurisdiction in the unincorporated areas of 55
each county. 56
(2) To ensure successful transfer of exclusive policing 57
jurisdiction in the unincorporated area of the county, the board 58
of county commissioners shall: 59
(a) Before the election of the sheriff: 60
1. Develop and approve a budget for the office of the 61
sheriff in the county fiscal year in which the election will 62
occur. The budget must be consistent with the r equirements of s. 63
30.49. The board of county commissioners shall consult with the 64
Florida Sheriffs Association for technical advice and assistance 65
on establishing an operating budget for the office of the 66
sheriff's initial fiscal year. The budget for the f iscal year 67
the sheriff-elect will take office shall address the election of 68
a sheriff and the necessary transfer of assets. 69
2. Conduct an inventory and audit of all assets of any 70
county police department and any other law enforcement agency 71
which the elected-sheriff shall administer. The inventory and 72
audit shall determine which of those assets shall be transferred 73
to the office of the sheriff upon the sheriff -elect taking 74
office. The board of county commissioners shall consult with the 75
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Florida Sheriffs Association to determine the basic necessary 76
operating equipment, including, but not limited to, information 77
technology, hardware, or software, that the sheriff -elect will 78
need upon taking office. 79
a. The board must meet and consult with the association at 80
least 18 months before the sheriff -elect taking office. 81
b. The inventory and audit must be completed at least 1 82
year before the sheriff -elect taking office. 83
3. Provide funding to purchase any basic necessary 84
operating equipment, including, but not limited to, information 85
technology, hardware, or software, which is not specifically 86
designated for transfer to the new office of the sheriff. 87
(b) After the election of the sheriff: 88
1. Provide funding for all of the necessary staff and 89
office space to establish an independent office of the sheriff 90
so the office may effectively operate and perform all of the 91
functions required by general law on the date the sheriff -elect 92
takes office. 93
2. Provide funding to purchase any basic necessary 94
operating equipment, including, but not limited to, information 95
technology, hardware, or software, which is not specifically 96
designated for transfer to the new office of the sheriff. 97
3. Make available to the sheriff -elect the county's fiscal 98
and budget software for the o ffice of the sheriff's budget. The 99
software must be sufficient to allow the sheriff -elect to 100
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operate a budget office upon taking office. The sheriff may 101
obtain and implement his or her own independent fiscal and 102
budget software after taking office. 103
4. Provide funding for the sheriff -elect to select all 104
necessary insurances, including, but not limited to, liability 105
insurance, workers' compensation insurance, health insurance, 106
and self-insurance. 107
5. Provide funding for the sheriff -elect to open bank and 108
other accounts, as necessary, in his or her official capacity as 109
sheriff, so that such accounts may become operational upon the 110
sheriff-elect taking office. 111
6. Provide funding for and facilitate procurement of the 112
required surety bond for the deputy sheri ffs pursuant to s. 113
30.09 so that such bonds may be obtained and finalized upon the 114
sheriff-elect taking office. 115
7. Prepare and deliver to the office of the sheriff all 116
documents, property, or other items listed in subsection (4). 117
(c) The board of count y commissioners shall provide a 118
written certification to the Governor, the President of the 119
Senate, and the Speaker of the House of Representatives that the 120
requirements of this subsection have been met. The written 121
certification is due within 30 days afte r each of the dates 122
prescribed in sub-subparagraphs (a)2.a. and (a)2.b. 123
(d) If a written certification is not provided pursuant to 124
paragraph (c), the Governor may remove or suspend county 125
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commissioners as provided in s. 7, Art. IV of the State 126
Constitution. 127
(3) After the election is certified and before taking 128
office, the sheriff-elect shall: 129
(a) Select staff to assist the sheriff -elect in 130
establishing an independent office of the sheriff. As provided 131
in s. 30.53, the sheriff shall preserve his or he r independence 132
concerning the purchase of supplies and equipment, the selection 133
of personnel, and procedures regarding employment, setting of 134
salaries, and termination of such personnel. 135
(b) Establish and open bank and other accounts, as 136
necessary, in his or her official capacity as sheriff so that 137
such accounts may become operational upon the sheriff taking 138
office. 139
(c) Obtain all necessary insurances, including, but not 140
limited to, liability insurance, workers' compensation 141
insurance, health insurance, and self-insurance, to take effect 142
upon the sheriff taking office. 143
(d) Evaluate the budget and transfer of equipment as 144
described in this section to determine whether the operating, 145
capital, and personnel services budget is sufficient for the 146
sheriff to operate and fulfill his or her constitutional and 147
statutory responsibilities. 148
(e) Provide written notice of any funding deficiencies to 149
the board of county commissioners, which shall have 30 days to 150
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respond and reach an agreement with the sheriff -elect on funding 151
requirements. If, after expiration of the 30 -day period, an 152
agreement has not been reached, the sheriff -elect may file an 153
appeal by petition to the Administration Commission pursuant to 154
s. 30.49(4)(a)-(b), (5), and (10). The Administration Com mission 155
shall expedite its review and determination of such petition and 156
render a decision within 90 days. 157
(4) The sheriff, upon taking office, shall take receipt or 158
possession of any: 159
(a) Unexecuted writs and court processes and must comply 160
with s. 30.14(3) as to any levy made before taking receipt of 161
such unexecuted writs and court processes. 162
(b) Property confiscated under the Florida Contraband 163
Forfeiture Act established in s. 932.701 and determine whether 164
to pursue the forfeiture proceedings pursu ant to s. 932.704. 165
(c) Records, papers, documents, or other writings, 166
including those concerning open investigations, necessary for 167
the sheriff to perform his or her required duties. 168
(d) Property held in evidence relating to a case that is 169
under the jurisdiction of the office of the sheriff. 170
Section 3. Paragraphs (b) through (e) of subsection (2) of 171
section 129.01, Florida Statutes, are redesignated as paragraphs 172
(c) through (f), respectively, and a new paragraph (b) is added 173
to that subsection to read: 174
129.01 Budget system established. —A budget system for the 175
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control of the finances of the boards of county commissioners of 176
the several counties of the state is established as follows: 177
(2) The budget must conform to the following general 178
directions and requirements: 179
(b) The budget may not provide funding to any officer or 180
office exercising any power or authority allocated by the State 181
Constitution or general law exclusively to the sheriff, tax 182
collector, property appraiser, supervisor of election s, or clerk 183
of the court other than as may be provided by the State 184
Constitution or general law. 185
Section 4. Section 129.021, Florida Statutes, is amended 186
to read: 187
129.021 County officer budget information. —Notwithstanding 188
other provisions of law, the budgets of all county officers, as 189
submitted to the board of county commissioners, must be in 190
sufficient detail and contain such information as the board of 191
county commissioners may require in furtherance of their powers 192
and responsibilities provided in s s. 125.01(1)(q), (r), and (v), 193
and (6) and 129.01(2)(c) 129.01(2)(b). 194
Section 5. This act shall take effect July 1, 2023. 195