FL
Florida House Bill H1595

Florida 2023 Regular Session

Florida House Bill H1595 Compare Versions

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1010 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
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14+A bill to be entitled 1
1515 An act relating to law enforcement operations; 2
1616 amending s. 30.15, F.S.; revising the powers, duties, 3
1717 and obligations of a sheriff; creating s. 125.01015, 4
1818 F.S.; requiring that there be an elected sheriff in 5
1919 each county; requiring the board of county 6
2020 commissioners of any such county to ensure the 7
2121 successful transfer of the exclusive policing 8
2222 responsibility and authority to the sheriff; providing 9
2323 requirements for the board of county commissioners to 10
2424 ensure such transfer; providing requirements for the 11
2525 sheriff-elect after the election is certified but 12
2626 before he or she takes office; requiring the sheriff 13
2727 to take receipt or possession of certain documents, 14
2828 property, and other items when he or she takes office; 15
2929 requiring the sheriff to provide contracted police 16
3030 services for certain municipalities for a specified 17
3131 timeframe; providing construction; providing 18
3232 severability; amending s. 166.241, F.S.; authorizing 19
3333 certain persons to file a petition with the Division 20
3434 of Administrative Hearings, rather than an appeal by 21
3535 petition to the Administration Commission, if the 22
3636 tentative budget of a municipality contains a certain 23
3737 reduction; providing requirements for such petition 24
3838 and petitioner; requiring the governing body of the 25
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4747 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
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5151 municipality to file an answer with the division and 26
5252 serve a copy of such answer on the petitioner within a 27
5353 certain timeframe; requiring the division to assign an 28
5454 administrative law judge to conduct a hear ing on such 29
5555 petition within a certain timeframe; providing 30
5656 procedures for such hearings; requiring the 31
5757 administrative law judge to make a specified 32
5858 determination and issue a final order within a certain 33
5959 timeframe; providing requirements for making such 34
6060 determination; providing that such final order is 35
6161 appealable; providing requirements for such appeal; 36
6262 conforming cross references; providing an effective 37
6363 date. 38
6464 39
6565 Be It Enacted by the Legislature of the State of Florida: 40
6666 41
6767 Section 1. Subsection (5) is ad ded to section 30.15, 42
6868 Florida Statutes, to read: 43
6969 30.15 Powers, duties, and obligations. — 44
7070 (5) As required by s. 1(d), Art. VIII of the State 45
7171 Constitution, there shall be an elected sheriff in each Florida 46
7272 county and the transfer of the sheriff's duties to another 47
7373 officer or office is prohibited. 48
7474 (a) Unless otherwise authorized by state law, the sheriff 49
7575 shall have exclusive policing jurisdiction in the unincorporated 50
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8484 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
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8888 areas of each county. The sheriff's jurisdiction and powers must 51
8989 run throughout the ent ire county regardless of whether there are 52
9090 incorporated cities or other independent districts or 53
9191 governmental entities in the county. The sheriff's jurisdiction 54
9292 is concurrent with any city, district, or other law enforcement 55
9393 agency that has jurisdiction in a city or district. 56
9494 (b) A police department or other policing entity may not 57
9595 be maintained or established by the county's board of county 58
9696 commissioners, or any other county legislative body, to provide 59
9797 any policing in the unincorporated area of any coun ty. Unless 60
9898 otherwise authorized by state law, only the duly elected sheriff 61
9999 may provide such policing and police functions in the 62
100100 unincorporated area of any county. A county may not contract 63
101101 with or engage in any manner with an incorporated city's or 64
102102 district's police department to provide any services provided by 65
103103 the sheriff, including policing or police functions in the 66
104104 unincorporated area of any county. Nothing in this paragraph 67
105105 affects the jurisdiction or powers of any agency of the State of 68
106106 Florida or the United States or prohibits mutual aid agreements 69
107107 between the sheriff and any other police department. 70
108108 Section 2. Section 125.01015, Florida Statutes, is created 71
109109 to read: 72
110110 125.01015 Office of the sheriff. - 73
111111 (1) As required by s. 1(d), Art. VIII of the State 74
112112 Constitution, there shall be an elected sheriff in each county 75
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121121 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
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125125 in this state. Unless otherwise provided in this section, a 76
126126 county, as defined in s. 125.011(1), shall, as required by s. 77
127127 6(g), Art. VIII of the State Constitution, elect a sheriff. The 78
128128 board of county commissioners of any such county must ensure the 79
129129 successful transfer of the exclusive policing responsibility and 80
130130 authority to the sheriff in areas of the county for which the 81
131131 sheriff has responsibility. 82
132132 (2) To ensure the successful t ransfer of the exclusive 83
133133 policing responsibility and authority to the sheriff in a 84
134134 county, as defined in s. 125.011(1), the board of county 85
135135 commissioners shall: 86
136136 (a) Before the election of the sheriff: 87
137137 1. Develop and approve a budget for the office of t he 88
138138 sheriff for the county fiscal year in which the election will be 89
139139 held and the sheriff will take office. The budget must 90
140140 adequately fund the office so that the sheriff may properly 91
141141 perform all of his or her duties upon taking office. The budget 92
142142 must be consistent with the requirements of s. 30.49. The budget 93
143143 for the fiscal year in which the sheriff -elect will take office 94
144144 must take into consideration the sheriff's initial budget 95
145145 requirements, as mitigated by the transfer of assets from 96
146146 existing county depa rtments to the office of the sheriff. 97
147147 2. Conduct an inventory and audit of all assets, and any 98
148148 associated liabilities, of a county department that presently 99
149149 performs any function that will be performed or administered by 100
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158158 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
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162162 the elected sheriff in order to m itigate initial funding 101
163163 requirements and eliminate duplicate funding. Based on the 102
164164 inventory and audit, the county must determine which of those 103
165165 assets, and any associated liabilities, shall be transferred to 104
166166 the office of the sheriff upon the sheriff -elect taking office. 105
167167 The inventory and audit must be completed before the county 106
168168 adopts its budget for the county fiscal year in which the 107
169169 sheriff will take office. The inventory and audit must be 108
170170 published on the county's website at least 60 days before the 109
171171 county adopts its budget for the county fiscal year in which the 110
172172 sheriff will take office. 111
173173 3. Provide funding in the budget approved by the county 112
174174 for the county fiscal year in which the sheriff will take office 113
175175 to purchase all basic necessary operating equipment, including, 114
176176 but not limited to, furniture, fixtures, and equipment, as well 115
177177 as information technology hardware and software that is not 116
178178 specifically designated for transfer from the county to the 117
179179 office of the sheriff, based on the inventory and audit required 118
180180 under subparagraph 2., or otherwise provided to the new office 119
181181 of the sheriff by the county through an interlocal agreement as 120
182182 described in sub-subparagraph (b)6.d. 121
183183 (b) After the election of the sh eriff is certified: 122
184184 1. Provide funding for all of the necessary staff and 123
185185 office space for the sheriff -elect to establish an independent 124
186186 office of the sheriff, so that the office may effectively 125
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195195 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
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197197
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199199 operate and perform all of the functions required by genera l law 126
200200 when the sheriff-elect takes office. 127
201201 2. Provide funding for the sheriff -elect to select any 128
202202 necessary insurances not provided by the county through the 129
203203 interlocal agreement required under sub -subparagraph 6.d. to 130
204204 allow the sheriff to effectively op erate and perform all of the 131
205205 functions required by general law when he or she takes office. 132
206206 3. Provide funding for the sheriff -elect to establish bank 133
207207 and other accounts, as necessary, in his or her official 134
208208 capacity as sheriff, so that such accounts bec ome operational 135
209209 when he or she takes office. 136
210210 4. Unless otherwise transferable based on existing surety 137
211211 bonds for the sheriff's deputies, provide funding for and 138
212212 facilitate procurement of the required surety bonds for deputy 139
213213 sheriffs pursuant to s. 30.09, so that such bonds are in place 140
214214 when the sheriff-elect takes office. 141
215215 5. Prepare and deliver to the office of the sheriff all 142
216216 documents, property, and other items listed in subsection (4). 143
217217 6. Notwithstanding any provision to the contrary, for a 144
218218 term commencing on January 7, 2025, and ending on or after 145
219219 September 30, 2028, provide the sheriff -elect taking office 146
220220 with, and require the sheriff -elect taking office to use, not 147
221221 less than the substantially and materially same support 148
222222 services, facilities, offi ce space, and information technology 149
223223 infrastructure provided to county offices or departments 150
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232232 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
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234234
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236236 performing the duties to be performed by the sheriff -elect upon 151
237237 taking office in the 1 -year period before he or she takes 152
238238 office. 153
239239 a. As used in this subparagrap h, the term "support 154
240240 services" includes: 155
241241 (I) Property and facilities, and the management and 156
242242 maintenance for such property and facilities. 157
243243 (II) Communications infrastructure, including telephone 158
244244 and Internet connectivity. 159
245245 (III) Risk management, inclu ding processing, adjusting, 160
246246 and payment of all claims and demands, including those made 161
247247 under s. 768.28. The county shall provide the sheriff with all 162
248248 required general liability, property, and other insurance 163
249249 coverage through its self -insurance program, a self-insurance 164
250250 risk pool, or commercial insurance. If the county provides 165
251251 insurance through a self -insurance program, the county must also 166
252252 provide the sheriff with commercial stop -loss coverage in an 167
253253 amount and with a self -insured retention agreed upon by the 168
254254 sheriff and the county. 169
255255 (IV) Legal representation and advice through the office of 170
256256 the county attorney for all claims, demands, and causes of 171
257257 action brought against the sheriff, his or her deputies, or 172
258258 other personnel in their official and individual capacities, 173
259259 while acting in their official and individual capacities, 174
260260 including any required outside counsel due to conflicts of 175
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269269 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
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273273 interest. This sub-sub-subparagraph does not prohibit the 176
274274 sheriff from employing or retaining his or her own legal 177
275275 representation as he or she deems necessary. 178
276276 (V) Purchasing and procurement services using procedures 179
277277 under the laws and ordinances applicable to the county for 180
278278 purchases requiring competitive procurement. 181
279279 (VI) Budget and fiscal software and budget development 182
280280 services. 183
281281 (VII) Human resource services, including, but not limited 184
282282 to, facilitation of the hiring process, including employee 185
283283 applicant screening and employee applicant background checks, 186
284284 and employee benefit administration. The county may provide 187
285285 human resource services to the sheriff. However, the sheriff is 188
286286 the employer of his or her employees and the sheriff retains 189
287287 full and complete control and authority over the hiring of his 190
288288 or her employees and the terms and conditions of employment, 191
289289 including employee discipline and termination of employment. The 192
290290 provision of human resource services by the county to the 193
291291 sheriff does not create a joint -employer relationship. The 194
292292 sheriff's employees shall remain members of the county's health 195
293293 insurance and workers' c ompensation plans for at least the term 196
294294 set forth in this subparagraph. 197
295295 (VIII) Fleet management, including procurement of all 198
296296 vehicles and other mobile assets such as boats and aircraft, and 199
297297 all vehicle repair and maintenance. 200
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306306 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
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310310 b. As used in this subpar agraph, the term "information 201
311311 technology infrastructure" includes: 202
312312 (I) All hardware, including computers. 203
313313 (II) Budget and fiscal software, including payroll and 204
314314 purchasing software. 205
315315 (III) Computer-aided dispatch. 206
316316 c. Under a cost allocation plan agr eed to by the county 207
317317 and the sheriff, the sheriff shall pay the county for such 208
318318 support services and information technology infrastructure from 209
319319 his or her general fund budget, except for any support services 210
320320 and information technology infrastructure costs that general law 211
321321 otherwise and expressly requires the county to fund outside the 212
322322 sheriff's budget. 213
323323 d. To satisfy compliance with this subsection and to 214
324324 establish the office of the sheriff in a manner that minimizes 215
325325 unnecessary financial expenditures, the county and the sheriff 216
326326 shall execute an interlocal agreement addressing the 217
327327 requirements of this subsection and other expenditures, 218
328328 including an appropriate phase -in period for identification of 219
329329 the sheriff's assets with the sheriff's markings to minimize the 220
330330 cost to taxpayers. The interlocal agreement shall have a term 221
331331 that ends no earlier than September 30, 2028, and may be 222
332332 amended, renewed, extended, or newly adopted at any time 223
333333 following the expiration or termination of the agreement. After 224
334334 the initial period ending no earlier than September 30, 2028, an 225
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343343 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
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347347 interlocal agreement may be entered into between the county and 226
348348 the sheriff which provides for the same or different 227
349349 requirements as set forth in this subsection. 228
350350 (3) After the election of the sheriff is certified but 229
351351 before he or she takes office, the sheriff -elect shall: 230
352352 (a) Hire personnel to assist the sheriff -elect in 231
353353 establishing an independent office of the sheriff. The sheriff 232
354354 shall retain independence in the hiring of personnel. All 233
355355 personnel hired by the sheriff are employees of the sheriff and 234
356356 not the county. The sheriff shall retain authority and control 235
357357 over the terms and conditions of employment, including, but not 236
358358 limited to, procedures regarding employment, the setting of 237
359359 salaries, and the termination of employment. However, the 238
360360 sheriff must use county human resource services for the period 239
361361 of time established in the interlocal agreement entered into 240
362362 between the sheriff and the county as described in sub -241
363363 subparagraph (2)(b)6.d. 242
364364 (b) Establish bank and other accounts, as necessary, in 243
365365 the sheriff's official capacity, so that such accounts become 244
366366 operational when he or she takes office. 245
367367 (c) Obtain all necessary insurance, or establish self -246
368368 insurance, to take effect when the sheriff -elect takes office, 247
369369 unless the county provides such insurance under the interlocal 248
370370 agreement as described in sub -subparagraph (2)(b)6.d. 249
371371 (d) Evaluate the budget and transfer of equipment, as 250
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380380 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
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384384 described in this section, to determine whether the operating, 251
385385 capital, and personnel services budget is sufficient for the 252
386386 sheriff to operate and fulfill his or her constitutional and 253
387387 statutory responsibilities. 254
388388 (e) Provide written notice of any funding deficiencies to 255
389389 the board of county commissioners. The board of cou nty 256
390390 commissioners must respond to and reach an agreement with the 257
391391 sheriff-elect on funding requirements within 30 days after 258
392392 receipt of such written notice. If, after expiration of the 30 -259
393393 day period, an agreement has not been reached, the sheriff -elect 260
394394 may file an appeal by petition to the Administration Commission 261
395395 pursuant to s. 30.49(4)(a). The Administration Commission shall 262
396396 expedite its review and determination of such petition and 263
397397 render a decision within 90 days after such petition is filed. 264
398398 (4) When the sheriff takes office, he or she shall take 265
399399 receipt or possession of any: 266
400400 (a) Unexecuted writs and court processes, and must comply 267
401401 with s. 30.14(3) as to any levy made before taking receipt of 268
402402 such unexecuted writs and court processes. 269
403403 (b) Property confiscated under the Florida Contraband 270
404404 Forfeiture Act, and must determine whether to pursue forfeiture 271
405405 proceedings under s. 932.704. 272
406406 (c) Records, papers, documents, or other writings, 273
407407 including those concerning open investigations, necess ary for 274
408408 the sheriff to perform his or her required duties. 275
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417417 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
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421421 (d) Property held in evidence by any county department 276
422422 relating to a case that is under the jurisdiction of the office 277
423423 of the sheriff. 278
424424 (5) In any county, as defined in s. 125.011(1), required 279
425425 to elect a sheriff under s. 6(g), Art. VIII of the State 280
426426 Constitution, if the county provides contracted police services 281
427427 to any municipality in that county before the sheriff -elect 282
428428 takes office, upon taking office, the sheriff shall assume such 283
429429 contract. This subsection does not prevent a municipality from 284
430430 establishing its own police department or otherwise providing 285
431431 for police services as authorized by general law. 286
432432 (6) If any provision of this section or its application to 287
433433 any person or circumstance is he ld invalid by a court of 288
434434 competent jurisdiction, the invalidity does not affect any other 289
435435 provisions or applications of this section which can be given 290
436436 effect without the invalid provision or application, and to this 291
437437 end the provisions of this section are severable. 292
438438 Section 3. Subsections (6), (7), and (8) of section 293
439439 166.241, Florida Statutes, are renumbered as subsections (7), 294
440440 (8), and (9), respectively, subsections (4) and (5) and present 295
441441 subsection (8) are amended, and a new subsection (6) is added t o 296
442442 that section, to read: 297
443443 166.241 Fiscal years, budgets, appeal of municipal law 298
444444 enforcement agency budget, and budget amendments. — 299
445445 (4)(a) If the tentative budget of a municipality contains 300
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454454 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
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456456
457457
458458 a funding reduction to the operating budget of the municipal la w 301
459459 enforcement agency of more than 5 percent compared to the 302
460460 current fiscal year's approved operating budget , the state 303
461461 attorney for the judicial circuit in which the municipality is 304
462462 located, or a member of the governing body who objects to the 305
463463 funding reduction, may file a petition with an appeal by 306
464464 petition to the Division of Administrative Hearings pursuant to 307
465465 s. 120.569 requesting a hearing to challenge the reduction in 308
466466 the municipal law enforcement agency's proposed operating 309
467467 budget. The petition must b e filed with the division 310
468468 Administration Commission within 10 30 days after the day the 311
469469 tentative budget is posted to the official website of the 312
470470 municipality under subsection (3) and the petitioner must serve 313
471471 a copy of the petition on the affected municip ality. The 314
472472 petition must set forth the tentative budget proposed by the 315
473473 municipality and, in the form and manner prescribed by the 316
474474 Executive Office of the Governor and approved by the 317
475475 Administration Commission, the operating budget of the municipal 318
476476 law enforcement agency as approved by the municipality for the 319
477477 previous year, and must state the reasons or grounds for the 320
478478 petition appeal. The petition shall be filed with the Executive 321
479479 Office of the Governor and a copy served upon the governing body 322
480480 of the municipality or to the clerk of the circuit court of the 323
481481 county in which the municipality is located. 324
482482 (b) The governing body of the municipality must file an 325
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491491 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
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495495 answer with the division and must serve a copy of the answer on 326
496496 the petitioner within has 5 working days, excluding Saturdays, 327
497497 Sundays, and legal holidays, after receipt of service of a copy 328
498498 of the petition to file a reply with the Executive Office of the 329
499499 Governor and shall serve a copy of such reply to the petitioner . 330
500500 (5)(a) Upon receipt of the petit ion, the division must 331
501501 assign an administrative law judge to conduct Executive Office 332
502502 of the Governor shall provide for a budget hearing no later than 333
503503 20 days after the petition is filed, at which the matters 334
504504 presented in the petition and the answer must reply shall be 335
505505 considered. Notwithstanding s. 120.57, all proceedings under 336
506506 this subsection must be conducted by an administrative law judge 337
507507 assigned by the division A report of the findings and 338
508508 recommendations of the Executive Office of the Governor thereo n 339
509509 shall be promptly submitted to the Administration Commission, 340
510510 which, within 30 days, shall approve the action of the governing 341
511511 body of the municipality or amend or modify the budget as to 342
512512 each separate item within the operating budget of the municipal 343
513513 law enforcement agency. The budget as approved, amended, or 344
514514 modified by the Administration Commission shall be final . 345
515515 (b) At the hearing, the petitioner and the municipality 346
516516 may present all information relevant to the municipal law 347
517517 enforcement agency's bud getary needs and requirements, 348
518518 including, but not limited to: 349
519519 1. The proposed operating budget approved by the 350
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528528 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
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532532 municipality; 351
533533 2. The municipality's grounds for proposing a reduction in 352
534534 funding to the current fiscal year's law enforcement operating 353
535535 budget; 354
536536 3. The petitioner's grounds for challenging the proposed 355
537537 reduction in funding to the law enforcement operating budget; 356
538538 4. The operating budgets of other public entities in the 357
539539 municipality; 358
540540 5. The operating budgets of other law enforcement agencie s 359
541541 in municipalities that are of comparable size; 360
542542 6. The municipal law enforcement agency's staffing needs 361
543543 and budgetary requirements from the current fiscal year and the 362
544544 2 previous fiscal years; 363
545545 7. The draft municipal law enforcement agency operating 364
546546 budget, budget amendments, and budget meeting minutes from the 365
547547 current fiscal year and the 2 previous fiscal years; 366
548548 8. The revenue and projected revenue available to the 367
549549 municipality and any change in the amount of revenue collected 368
550550 over the previous 3 f iscal years; and 369
551551 9. Any other information relevant to the municipal law 370
552552 enforcement agency's operating budget. 371
553553 (6)(a) Within 15 days after the hearing, the 372
554554 administrative law judge must issue a final order either 373
555555 approving or rejecting the proposed ope rating budget for the 374
556556 municipal law enforcement agency by determining whether the 375
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565565 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
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569569 proposed reduction will impair the law enforcement agency's 376
570570 overall ability to ensure public safety. In making the 377
571571 determination, the administrative law judge must make findi ngs 378
572572 regarding whether the funding reduction in the proposed 379
573573 operating budget of the municipal law enforcement agency will 380
574574 result in: 381
575575 1. A reduction of the number of law enforcement officers 382
576576 employed by the municipality; 383
577577 2. A reduction or an elimination of public safety programs 384
578578 or initiatives provided by the agency; and 385
579579 3. A lack of appropriate equipment necessary to ensure 386
580580 officer safety. 387
581581 (b) The administrative law judge's final order is 388
582582 appealable pursuant to s. 120.68 and any such judicial review 389
583583 must be sought in the First District Court of Appeal. 390
584584 (9)(8) If the governing body of a municipality amends the 391
585585 budget pursuant to paragraph (8)(c) (7)(c), the adopted 392
586586 amendment must be posted on the official website of the 393
587587 municipality within 5 days af ter adoption and must remain on the 394
588588 website for at least 2 years. If the municipality does not 395
589589 operate an official website, the municipality must, within a 396
590590 reasonable period of time as established by the county or 397
591591 counties in which the municipality is loca ted, transmit the 398
592592 adopted amendment to the manager or administrator of such county 399
593593 or counties who shall post the adopted amendment on the county's 400
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602602 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
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606606 website. 401
607607 Section 4. This act shall take effect upon becoming a law. 402