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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 law enforcement operations; 2
amending s. 30.15, F.S.; revising the powers, duties, 3
and obligations of a sheriff; creating s. 125.01015, 4
F.S.; requiring that there be an elected sheriff in 5
each county; requiring the board of county 6
commissioners of any such county to ensure the 7
successful transfer of the exclusive policing 8
responsibility and authority to the sheriff; providing 9
requirements for the board of county commissioners to 10
ensure such transfer; providing requirements for the 11
sheriff-elect after the election is certified but 12
before he or she takes office; requiring the sheriff 13
to take receipt or possession of certain documents, 14
property, and other items when he or she takes office; 15
requiring the sheriff to provide contracted police 16
services for certain municipalities for a specified 17
timeframe; providing construction; providing 18
severability; amending s. 166.241, F.S.; authorizing 19
certain persons to file a petition with the Division 20
of Administrative Hearings, rather than an appeal by 21
petition to the Administration Commission, if the 22
tentative budget of a municipality contains a certain 23
reduction; providing requirements for such petition 24
and petitioner; requiring the governing body of the 25
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municipality to file an answer with the division and 26
serve a copy of such answer on the petitioner within a 27
certain timeframe; requiring the division to assign an 28
administrative law judge to conduct a hear ing on such 29
petition within a certain timeframe; providing 30
procedures for such hearings; requiring the 31
administrative law judge to make a specified 32
determination and issue a final order within a certain 33
timeframe; providing requirements for making such 34
determination; providing that such final order is 35
appealable; providing requirements for such appeal; 36
conforming cross references; providing an effective 37
date. 38
39
Be It Enacted by the Legislature of the State of Florida: 40
41
Section 1. Subsection (5) is ad ded to section 30.15, 42
Florida Statutes, to read: 43
30.15 Powers, duties, and obligations. — 44
(5) As required by s. 1(d), Art. VIII of the State 45
Constitution, there shall be an elected sheriff in each Florida 46
county and the transfer of the sheriff's duties to another 47
officer or office is prohibited. 48
(a) Unless otherwise authorized by state law, the sheriff 49
shall have exclusive policing jurisdiction in the unincorporated 50
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areas of each county. The sheriff's jurisdiction and powers must 51
run throughout the ent ire county regardless of whether there are 52
incorporated cities or other independent districts or 53
governmental entities in the county. The sheriff's jurisdiction 54
is concurrent with any city, district, or other law enforcement 55
agency that has jurisdiction in a city or district. 56
(b) A police department or other policing entity may not 57
be maintained or established by the county's board of county 58
commissioners, or any other county legislative body, to provide 59
any policing in the unincorporated area of any coun ty. Unless 60
otherwise authorized by state law, only the duly elected sheriff 61
may provide such policing and police functions in the 62
unincorporated area of any county. A county may not contract 63
with or engage in any manner with an incorporated city's or 64
district's police department to provide any services provided by 65
the sheriff, including policing or police functions in the 66
unincorporated area of any county. Nothing in this paragraph 67
affects the jurisdiction or powers of any agency of the State of 68
Florida or the United States or prohibits mutual aid agreements 69
between the sheriff and any other police department. 70
Section 2. Section 125.01015, Florida Statutes, is created 71
to read: 72
125.01015 Office of the sheriff. - 73
(1) As required by s. 1(d), Art. VIII of the State 74
Constitution, there shall be an elected sheriff in each county 75
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in this state. Unless otherwise provided in this section, a 76
county, as defined in s. 125.011(1), shall, as required by s. 77
6(g), Art. VIII of the State Constitution, elect a sheriff. The 78
board of county commissioners of any such county must ensure the 79
successful transfer of the exclusive policing responsibility and 80
authority to the sheriff in areas of the county for which the 81
sheriff has responsibility. 82
(2) To ensure the successful t ransfer of the exclusive 83
policing responsibility and authority to the sheriff in a 84
county, as defined in s. 125.011(1), the board of county 85
commissioners shall: 86
(a) Before the election of the sheriff: 87
1. Develop and approve a budget for the office of t he 88
sheriff for the county fiscal year in which the election will be 89
held and the sheriff will take office. The budget must 90
adequately fund the office so that the sheriff may properly 91
perform all of his or her duties upon taking office. The budget 92
must be consistent with the requirements of s. 30.49. The budget 93
for the fiscal year in which the sheriff -elect will take office 94
must take into consideration the sheriff's initial budget 95
requirements, as mitigated by the transfer of assets from 96
existing county depa rtments to the office of the sheriff. 97
2. Conduct an inventory and audit of all assets, and any 98
associated liabilities, of a county department that presently 99
performs any function that will be performed or administered by 100
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the elected sheriff in order to m itigate initial funding 101
requirements and eliminate duplicate funding. Based on the 102
inventory and audit, the county must determine which of those 103
assets, and any associated liabilities, shall be transferred to 104
the office of the sheriff upon the sheriff -elect taking office. 105
The inventory and audit must be completed before the county 106
adopts its budget for the county fiscal year in which the 107
sheriff will take office. The inventory and audit must be 108
published on the county's website at least 60 days before the 109
county adopts its budget for the county fiscal year in which the 110
sheriff will take office. 111
3. Provide funding in the budget approved by the county 112
for the county fiscal year in which the sheriff will take office 113
to purchase all basic necessary operating equipment, including, 114
but not limited to, furniture, fixtures, and equipment, as well 115
as information technology hardware and software that is not 116
specifically designated for transfer from the county to the 117
office of the sheriff, based on the inventory and audit required 118
under subparagraph 2., or otherwise provided to the new office 119
of the sheriff by the county through an interlocal agreement as 120
described in sub-subparagraph (b)6.d. 121
(b) After the election of the sh eriff is certified: 122
1. Provide funding for all of the necessary staff and 123
office space for the sheriff -elect to establish an independent 124
office of the sheriff, so that the office may effectively 125
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operate and perform all of the functions required by genera l law 126
when the sheriff-elect takes office. 127
2. Provide funding for the sheriff -elect to select any 128
necessary insurances not provided by the county through the 129
interlocal agreement required under sub -subparagraph 6.d. to 130
allow the sheriff to effectively op erate and perform all of the 131
functions required by general law when he or she takes office. 132
3. Provide funding for the sheriff -elect to establish bank 133
and other accounts, as necessary, in his or her official 134
capacity as sheriff, so that such accounts bec ome operational 135
when he or she takes office. 136
4. Unless otherwise transferable based on existing surety 137
bonds for the sheriff's deputies, provide funding for and 138
facilitate procurement of the required surety bonds for deputy 139
sheriffs pursuant to s. 30.09, so that such bonds are in place 140
when the sheriff-elect takes office. 141
5. Prepare and deliver to the office of the sheriff all 142
documents, property, and other items listed in subsection (4). 143
6. Notwithstanding any provision to the contrary, for a 144
term commencing on January 7, 2025, and ending on or after 145
September 30, 2028, provide the sheriff -elect taking office 146
with, and require the sheriff -elect taking office to use, not 147
less than the substantially and materially same support 148
services, facilities, offi ce space, and information technology 149
infrastructure provided to county offices or departments 150
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performing the duties to be performed by the sheriff -elect upon 151
taking office in the 1 -year period before he or she takes 152
office. 153
a. As used in this subparagrap h, the term "support 154
services" includes: 155
(I) Property and facilities, and the management and 156
maintenance for such property and facilities. 157
(II) Communications infrastructure, including telephone 158
and Internet connectivity. 159
(III) Risk management, inclu ding processing, adjusting, 160
and payment of all claims and demands, including those made 161
under s. 768.28. The county shall provide the sheriff with all 162
required general liability, property, and other insurance 163
coverage through its self -insurance program, a self-insurance 164
risk pool, or commercial insurance. If the county provides 165
insurance through a self -insurance program, the county must also 166
provide the sheriff with commercial stop -loss coverage in an 167
amount and with a self -insured retention agreed upon by the 168
sheriff and the county. 169
(IV) Legal representation and advice through the office of 170
the county attorney for all claims, demands, and causes of 171
action brought against the sheriff, his or her deputies, or 172
other personnel in their official and individual capacities, 173
while acting in their official and individual capacities, 174
including any required outside counsel due to conflicts of 175
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interest. This sub-sub-subparagraph does not prohibit the 176
sheriff from employing or retaining his or her own legal 177
representation as he or she deems necessary. 178
(V) Purchasing and procurement services using procedures 179
under the laws and ordinances applicable to the county for 180
purchases requiring competitive procurement. 181
(VI) Budget and fiscal software and budget development 182
services. 183
(VII) Human resource services, including, but not limited 184
to, facilitation of the hiring process, including employee 185
applicant screening and employee applicant background checks, 186
and employee benefit administration. The county may provide 187
human resource services to the sheriff. However, the sheriff is 188
the employer of his or her employees and the sheriff retains 189
full and complete control and authority over the hiring of his 190
or her employees and the terms and conditions of employment, 191
including employee discipline and termination of employment. The 192
provision of human resource services by the county to the 193
sheriff does not create a joint -employer relationship. The 194
sheriff's employees shall remain members of the county's health 195
insurance and workers' c ompensation plans for at least the term 196
set forth in this subparagraph. 197
(VIII) Fleet management, including procurement of all 198
vehicles and other mobile assets such as boats and aircraft, and 199
all vehicle repair and maintenance. 200
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b. As used in this subpar agraph, the term "information 201
technology infrastructure" includes: 202
(I) All hardware, including computers. 203
(II) Budget and fiscal software, including payroll and 204
purchasing software. 205
(III) Computer-aided dispatch. 206
c. Under a cost allocation plan agr eed to by the county 207
and the sheriff, the sheriff shall pay the county for such 208
support services and information technology infrastructure from 209
his or her general fund budget, except for any support services 210
and information technology infrastructure costs that general law 211
otherwise and expressly requires the county to fund outside the 212
sheriff's budget. 213
d. To satisfy compliance with this subsection and to 214
establish the office of the sheriff in a manner that minimizes 215
unnecessary financial expenditures, the county and the sheriff 216
shall execute an interlocal agreement addressing the 217
requirements of this subsection and other expenditures, 218
including an appropriate phase -in period for identification of 219
the sheriff's assets with the sheriff's markings to minimize the 220
cost to taxpayers. The interlocal agreement shall have a term 221
that ends no earlier than September 30, 2028, and may be 222
amended, renewed, extended, or newly adopted at any time 223
following the expiration or termination of the agreement. After 224
the initial period ending no earlier than September 30, 2028, an 225
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interlocal agreement may be entered into between the county and 226
the sheriff which provides for the same or different 227
requirements as set forth in this subsection. 228
(3) After the election of the sheriff is certified but 229
before he or she takes office, the sheriff -elect shall: 230
(a) Hire personnel to assist the sheriff -elect in 231
establishing an independent office of the sheriff. The sheriff 232
shall retain independence in the hiring of personnel. All 233
personnel hired by the sheriff are employees of the sheriff and 234
not the county. The sheriff shall retain authority and control 235
over the terms and conditions of employment, including, but not 236
limited to, procedures regarding employment, the setting of 237
salaries, and the termination of employment. However, the 238
sheriff must use county human resource services for the period 239
of time established in the interlocal agreement entered into 240
between the sheriff and the county as described in sub -241
subparagraph (2)(b)6.d. 242
(b) Establish bank and other accounts, as necessary, in 243
the sheriff's official capacity, so that such accounts become 244
operational when he or she takes office. 245
(c) Obtain all necessary insurance, or establish self -246
insurance, to take effect when the sheriff -elect takes office, 247
unless the county provides such insurance under the interlocal 248
agreement as described in sub -subparagraph (2)(b)6.d. 249
(d) Evaluate the budget and transfer of equipment, as 250
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described in this section, to determine whether the operating, 251
capital, and personnel services budget is sufficient for the 252
sheriff to operate and fulfill his or her constitutional and 253
statutory responsibilities. 254
(e) Provide written notice of any funding deficiencies to 255
the board of county commissioners. The board of cou nty 256
commissioners must respond to and reach an agreement with the 257
sheriff-elect on funding requirements within 30 days after 258
receipt of such written notice. If, after expiration of the 30 -259
day period, an agreement has not been reached, the sheriff -elect 260
may file an appeal by petition to the Administration Commission 261
pursuant to s. 30.49(4)(a). The Administration Commission shall 262
expedite its review and determination of such petition and 263
render a decision within 90 days after such petition is filed. 264
(4) When the sheriff takes office, he or she shall take 265
receipt or possession of any: 266
(a) Unexecuted writs and court processes, and must comply 267
with s. 30.14(3) as to any levy made before taking receipt of 268
such unexecuted writs and court processes. 269
(b) Property confiscated under the Florida Contraband 270
Forfeiture Act, and must determine whether to pursue forfeiture 271
proceedings under s. 932.704. 272
(c) Records, papers, documents, or other writings, 273
including those concerning open investigations, necess ary for 274
the sheriff to perform his or her required duties. 275
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(d) Property held in evidence by any county department 276
relating to a case that is under the jurisdiction of the office 277
of the sheriff. 278
(5) In any county, as defined in s. 125.011(1), required 279
to elect a sheriff under s. 6(g), Art. VIII of the State 280
Constitution, if the county provides contracted police services 281
to any municipality in that county before the sheriff -elect 282
takes office, upon taking office, the sheriff shall assume such 283
contract. This subsection does not prevent a municipality from 284
establishing its own police department or otherwise providing 285
for police services as authorized by general law. 286
(6) If any provision of this section or its application to 287
any person or circumstance is he ld invalid by a court of 288
competent jurisdiction, the invalidity does not affect any other 289
provisions or applications of this section which can be given 290
effect without the invalid provision or application, and to this 291
end the provisions of this section are severable. 292
Section 3. Subsections (6), (7), and (8) of section 293
166.241, Florida Statutes, are renumbered as subsections (7), 294
(8), and (9), respectively, subsections (4) and (5) and present 295
subsection (8) are amended, and a new subsection (6) is added t o 296
that section, to read: 297
166.241 Fiscal years, budgets, appeal of municipal law 298
enforcement agency budget, and budget amendments. — 299
(4)(a) If the tentative budget of a municipality contains 300
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a funding reduction to the operating budget of the municipal la w 301
enforcement agency of more than 5 percent compared to the 302
current fiscal year's approved operating budget , the state 303
attorney for the judicial circuit in which the municipality is 304
located, or a member of the governing body who objects to the 305
funding reduction, may file a petition with an appeal by 306
petition to the Division of Administrative Hearings pursuant to 307
s. 120.569 requesting a hearing to challenge the reduction in 308
the municipal law enforcement agency's proposed operating 309
budget. The petition must b e filed with the division 310
Administration Commission within 10 30 days after the day the 311
tentative budget is posted to the official website of the 312
municipality under subsection (3) and the petitioner must serve 313
a copy of the petition on the affected municip ality. The 314
petition must set forth the tentative budget proposed by the 315
municipality and, in the form and manner prescribed by the 316
Executive Office of the Governor and approved by the 317
Administration Commission, the operating budget of the municipal 318
law enforcement agency as approved by the municipality for the 319
previous year, and must state the reasons or grounds for the 320
petition appeal. The petition shall be filed with the Executive 321
Office of the Governor and a copy served upon the governing body 322
of the municipality or to the clerk of the circuit court of the 323
county in which the municipality is located. 324
(b) The governing body of the municipality must file an 325
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answer with the division and must serve a copy of the answer on 326
the petitioner within has 5 working days, excluding Saturdays, 327
Sundays, and legal holidays, after receipt of service of a copy 328
of the petition to file a reply with the Executive Office of the 329
Governor and shall serve a copy of such reply to the petitioner . 330
(5)(a) Upon receipt of the petit ion, the division must 331
assign an administrative law judge to conduct Executive Office 332
of the Governor shall provide for a budget hearing no later than 333
20 days after the petition is filed, at which the matters 334
presented in the petition and the answer must reply shall be 335
considered. Notwithstanding s. 120.57, all proceedings under 336
this subsection must be conducted by an administrative law judge 337
assigned by the division A report of the findings and 338
recommendations of the Executive Office of the Governor thereo n 339
shall be promptly submitted to the Administration Commission, 340
which, within 30 days, shall approve the action of the governing 341
body of the municipality or amend or modify the budget as to 342
each separate item within the operating budget of the municipal 343
law enforcement agency. The budget as approved, amended, or 344
modified by the Administration Commission shall be final . 345
(b) At the hearing, the petitioner and the municipality 346
may present all information relevant to the municipal law 347
enforcement agency's bud getary needs and requirements, 348
including, but not limited to: 349
1. The proposed operating budget approved by the 350
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municipality; 351
2. The municipality's grounds for proposing a reduction in 352
funding to the current fiscal year's law enforcement operating 353
budget; 354
3. The petitioner's grounds for challenging the proposed 355
reduction in funding to the law enforcement operating budget; 356
4. The operating budgets of other public entities in the 357
municipality; 358
5. The operating budgets of other law enforcement agencie s 359
in municipalities that are of comparable size; 360
6. The municipal law enforcement agency's staffing needs 361
and budgetary requirements from the current fiscal year and the 362
2 previous fiscal years; 363
7. The draft municipal law enforcement agency operating 364
budget, budget amendments, and budget meeting minutes from the 365
current fiscal year and the 2 previous fiscal years; 366
8. The revenue and projected revenue available to the 367
municipality and any change in the amount of revenue collected 368
over the previous 3 f iscal years; and 369
9. Any other information relevant to the municipal law 370
enforcement agency's operating budget. 371
(6)(a) Within 15 days after the hearing, the 372
administrative law judge must issue a final order either 373
approving or rejecting the proposed ope rating budget for the 374
municipal law enforcement agency by determining whether the 375
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proposed reduction will impair the law enforcement agency's 376
overall ability to ensure public safety. In making the 377
determination, the administrative law judge must make findi ngs 378
regarding whether the funding reduction in the proposed 379
operating budget of the municipal law enforcement agency will 380
result in: 381
1. A reduction of the number of law enforcement officers 382
employed by the municipality; 383
2. A reduction or an elimination of public safety programs 384
or initiatives provided by the agency; and 385
3. A lack of appropriate equipment necessary to ensure 386
officer safety. 387
(b) The administrative law judge's final order is 388
appealable pursuant to s. 120.68 and any such judicial review 389
must be sought in the First District Court of Appeal. 390
(9)(8) If the governing body of a municipality amends the 391
budget pursuant to paragraph (8)(c) (7)(c), the adopted 392
amendment must be posted on the official website of the 393
municipality within 5 days af ter adoption and must remain on the 394
website for at least 2 years. If the municipality does not 395
operate an official website, the municipality must, within a 396
reasonable period of time as established by the county or 397
counties in which the municipality is loca ted, transmit the 398
adopted amendment to the manager or administrator of such county 399
or counties who shall post the adopted amendment on the county's 400
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website. 401
Section 4. This act shall take effect upon becoming a law. 402