CopyCited 43 times | Published | Supreme Court of Florida | 1954 Fla. LEXIS 1234
...The under-sheriff possessed all of the powers and duties of the sheriff. 47 Am.Jur., Article on Deputies, § 154, page 929 et seq. From the very beginning of government in this State the law has provided for a sheriff and has authorized the appointment of deputy sheriffs. Section 30.07, F.S., F.S.A., is as follows: "Sheriffs may appoint deputies to act under them who shall have the same power as the sheriff appointing them, and for the neglect and default of whom in the execution of their office the sheriff shall be r...
...The Constitution, by making special mention of a deputy sheriff in the Constitution, and by adopting all laws then in force not inconsistent with the new Constitution, provided for the appointment of such deputy sheriffs by the sheriff of each county in and by Section 30.07, F.S., F.S.A., formerly Section 4 of Chapter 1659, Laws of 1868, notwithstanding the provisions of Section 27 of Article III of the State Constitution....
...in behalf of government, and not a merely transient, occasional, or incidental employment.'" In the case of Holland v. Mayes,
155 Fla. 129,
19 So.2d 709, 710, with reference to deputy sheriffs, in an opinion by Mr. Justice Terrell, the Court said: "Section
30.07, Florida Statutes of 1941, F.S.A., authorizes the Sheriff to appoint deputies, clothes them with the same power as the Sheriff and makes the Sheriff responsible for their negligent acts....
...r by this Constitution." The appointment of deputy sheriffs by sheriffs is otherwise provided for by the Constitution. The Constitution required that there should be a sheriff in each county, recognized the office of deputy sheriff, and the statute, Section 30.07 F.S., F.S.A., in full force and effect at the time of the adoption of the Constitution, is still in full force and effect....
...and duties are defined by Section
30.15, Florida Statutes 1951, F.S.A., some of which may be termed those of an officer, while many others are clerical and could not be termed other than those of an employee. They are appointed by the sheriff, under section
30.07, Florida Statutes 1951, F.S.A., and may be hired and fired as often as he changes his collar if he so desires....
CopyCited 40 times | Published | Supreme Court of Florida | 155 Fla. 129, 1944 Fla. LEXIS 486
by virtue of the office of the participants. Section
30.07, Florida Statutes of 1941, authorizes the sheriff
CopyCited 37 times | Published | Court of Appeals for the Eleventh Circuit | 1999 U.S. App. LEXIS 22124, 1999 WL 712592
...Sheriffs may appoint deputies to act under them who shall have the same power as the sheriff
appointing them, and for the neglect and default of whom in the execution of their office the sheriff
shall be responsible.
Fla. Stat. § 30.07....
...Brorein,
70 So.2d 293, 296 (Fla.1954) (en banc) (stating in dicta that
a Deputy Sheriff "may do anything that his principal may do" and "is empowered to act for him in all matters
in which the principal may act").
We reject plaintiffs' interpretation of Fla. Stat. §
30.07....
...of final policymaking authority, and that the power referred to encompasses merely those powers which the
Sheriff chooses actually to delegate. Our decision in Wright,
919 F.2d 665, is strong support for this
interpretation. Although there is no indication that Fla. Stat. §
30.07 was specifically cited to the Wright
court, we held that a Deputy Sheriff in Highlands County, Florida did not possess final policymaking
authority necessary to make Highlands County liable under Monell, notwithstanding that the Deputy Sheriff
had de facto control over one area of Highlands County. See id. at 674. Were plaintiffs' interpretation of Fla.
Stat. §
30.07 the correct one, the entire reasoning of Wright would be irreconcilably flawed....
CopyCited 32 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 14421
...1 Section
30.53, Fla.Stat. (1985) provides in pertinent part as follows: The independence of the sheriffs shall be preserved concerning the purchase of supplies and equipment, selection of personnel, and the hiring, firing, and setting of salaries of such personnel ... Section
30.07....
CopyCited 24 times | Published | Supreme Court of Florida
...However, we approve the district court's reversal of the trial court since we find that a cause of action may properly be brought against a sheriff for the action of his deputies under the provisions of section
768.28 or, in the alternative, under the provisions of section
30.07, Florida Statutes (1973)....
...only to certain governmental units and a sheriff's office is not included within this statutory provision. The petitioner-sheriff contends that section
768.28 is applicable to a sheriff and that his liability for actions of his deputies set forth in section
30.07, Florida Statutes (1973), [2] was eliminated by section
768.28, Florida Statutes (Supp....
...a uniform period for actions against governmental entities. See DuBose v. Auto-Owners Insurance Co.,
387 So.2d 461 (Fla. 1st DCA 1980). Another issue in this cause concerns the continued applicability of a sheriff's liability under the provisions of section
30.07, Florida Statutes (1973). We have found that section
768.28 applies to sheriffs, although with limited liability, but it is an alternative remedy and does not repeal section
30.07 by implication as asserted by the petitioning sheriff. Section
30.07 and the long-established case law setting forth the conduct for which a sheriff is derivatively responsible under the provisions of section
30.07 are not affected by section
768.28, Florida Statutes (1974)....
...ding making section
768.28 the exclusive remedy and excluding as named parties employees or officials absent certain allegations of bad faith, malice, or willful and wanton misconduct. This opinion is expressly limited to the application of sections
30.07 and
768.28 as they existed at the time the instant cause of action arose....
...tatute. (2) She could have invoked the provisions of section
768.28 to sue the county alone. (3) She could have sued the sheriff and his deputies, without invoking section
768.28, under traditional legal principles governing such actions. See, e.g., §
30.07, Fla....
...(12) Every claim against the state or one of its agencies or subdivisions for damages for a negligent or wrongful act or omission pursuant to this section shall be forever barred unless the civil action is commenced by filing a complaint in the court of appropriate jurisdiction within 4 years after such claim accrues. [2] Section 30.07, Florida Statutes (1973), provides: Deputy sheriffs....
CopyCited 22 times | Published | Supreme Court of Florida | 97 L.R.R.M. (BNA) 3186
..."(c) Those individuals acting as negotiating representatives for employer authorities. "(d) Those persons who are designated as managerial or confidential employees pursuant to criteria contained herein upon application of the public employer to the Public Employees Relations Commission." (Emphasis supplied.) Section 30.07, Florida Statutes (1975), provides: "Deputy sheriffs....
CopyCited 18 times | Published | Florida 2nd District Court of Appeal
...Super. Ct. 1976). Were we called upon to make those decisions, to the extent not controlled by the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b)-1346(f) (1976), we would have reached a contrary result. We also reject any assertion that sections
30.07 [2] and
30.15 [3] , Florida Statutes (1979), creates a special standard of duty and liability for sheriffs and their deputies....
...In neither case was the pursuing police car involved in the collision. In both cases, the court held that sovereign immunity did not apply and that the city whose police car was involved in the chase could be liable for the actions of the officer involved. [2] Section 30.07, Florida Statutes (1979): Deputy sheriffs....
CopyCited 15 times | Published | Supreme Court of Florida | 2003 WL 193464
...hy to deputy clerks. On the other hand, consistent with our holding in Murphy, we note that other statutory provisions reflect an apparent legislative intent to deny or control the right to extend collective bargaining to deputy sheriffs. [2] First, section
30.071(1) states that chapter 30, Florida Statutes (2002), applies to all deputy sheriffs, except those who, by special act of the Legislature or local law, are granted rights greater than those provided in the chapter, including collective bargaining rights. By necessary implication, this evinces an intent that the Legislature has not otherwise granted the right to collective bargaining to all deputy sheriffs, but local entities may do so if they please. To the extent that is not sufficiently clear, section
30.071(2) unambiguously states, "This act does not grant to deputy sheriffs the right of collective bargaining." In addition, section
112.535, Florida Statutes (2002), provides: The provisions of chapter 93-19, Laws of Florida, shall not be c...
...n and unit determination. PERC also ordered Sheriff Phillip B. Williams ("Sheriff Williams" or "the sheriff") to provide the relevant list of employees and the relevant job classifications for purposes of inclusion in or exclusion from the unit. [2] Section 30.07, Florida Statutes (2002), states, "Sheriffs may appoint deputies to act under them who shall have the same power as the sheriff appointing them, and for the neglect and default of whom in the execution of their office the sheriff shall be responsible." Section 30.071, Florida Statutes (2002), further provides that "[t]his act does not change the alter ego relationship which exists between a deputy sheriff and the appointing sheriff." [3] Dohnal v....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal
...Third, as noted by the trial court, a deputy sheriff is not an ordinary employee but rather is an officer who holds his appointment from the sheriff and who acts for the sheriff in his name and stead. See Blackburn v. Brorein,
70 So.2d 293 (Fla. 1954). The sheriff is responsible for the neglects and defaults of his deputies, Section
30.07, Florida Statutes (1975)....
CopyCited 14 times | Published | Florida 1st District Court of Appeal
...offer to the extent of the right-of-way of the public street, it is only logical that acceptance followed an offer. To think that there could be an acceptance in the absence of an offer is illogical. [11] 2 R. Boyer, Florida Real Estate Transactions § 30.07 (1984)....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 1991 WL 75590
...Johns County, it is undisputed that Pinchback served at the will of the sheriff. Section
30.53, Florida Statutes, provides in pertinent part: The independence of the sheriffs shall be preserved concerning ... selection of personnel, and the hiring, firing, and setting of salaries of such personnel... . Section
30.07, Florida Statutes, which governs deputy sheriffs, states: Sheriffs may appoint deputies to act under them who shall have the same power as the sheriff appointing them, and for the neglect and default of whom in the execution of their office the sheriff shall be responsible....
CopyCited 14 times | Published | Supreme Court of Florida | 1988 WL 89792
...nd Training Commission. The appointment of any such special deputy sheriff shall be recorded in a register maintained for such purpose in the sheriff's office, showing the terms and circumstances of such appointment. A regular deputy appointed under section
30.07 is not so restricted, [1] and must fulfill the requirements of section
30.09(1)(a)....
...icer had authority to make this search and seizure outside his jurisdiction and remand for proceedings consistent with this opinion. It is so ordered. EHRLICH, C.J., and SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. McDONALD, J., dissents. NOTES [1] Section 30.07, Florida Statutes (1987), reads as follows: Sheriffs may appoint deputies to act under them who shall have the same power as the sheriff appointing them, and for the neglect and default of whom in the execution of their office the sheriff shall be responsible....
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit
...Deputy Sheriffs for Monell purposes:
Sheriffs may appoint deputies to act under them who shall have the same
power as the sheriff appointing them, and for the neglect and default of
whom in the execution of their office the sheriff shall be responsible.
Fla. Stat. § 30.07....
...1954) (en banc) (stating in dicta that
4
a Deputy Sheriff “may do anything that his principal may do” and “is empowered to
act for him in all matters in which the principal may act”).
We reject plaintiffs’ interpretation of Fla. Stat. § 30.07....
...ority, and
that the power referred to encompasses merely those powers which the Sheriff
chooses actually to delegate. Our decision in Wright,
919 F.2d 665, is strong support
for this interpretation. Although there is no indication that Fla. Stat. §
30.07 was
specifically cited to the Wright court, we held that a Deputy Sheriff in Highlands
County, Florida did not possess final policymaking authority necessary to make
Highlands County liable under Monell, notwithstanding that the Deputy Sheriff had
de facto control over one area of Highlands County. See id. at 674. Were plaintiffs’
interpretation of Fla. Stat. §
30.07 the correct one, the entire reasoning of Wright
would be irreconcilably flawed....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 1996 WL 184452
...4th DCA 1971). [4] The sheriff argues that, because the lower court found the alteration of the videotape to be a deliberate act on the part of certain department personnel, he cannot be held liable simply by virtue of his office. Tramel contends that section 30.07, Florida Statutes, makes a sheriff "responsible" only for a deputy's negligence and default in execution of duty, but does not hold a sheriff liable for the intentional wrongdoing of a deputy....
...and to the court constitutes a tort or gives rise to damages for which the sheriff is liable. Rather, default judgment was entered as a sanction for what the trial court found was the perpetration of a fraud on the court by employees of the sheriff. Section 30.07 does not limit the trial court's inherent power to impose sanctions under the instant circumstances....
...[4] When a trial court imposes sanctions, its order, as here, should contain express written findings of the actions that support the sanctions. Commonwealth Federal Savings and Loan Ass'n v. Tubero,
569 So.2d 1271 (Fla.1990); Wright v. Allen,
611 So.2d 23 (Fla. 1st DCA 1992). [5] Section
30.07 provides: "Sheriffs may appoint deputies is to act under them who shall have the same power as the sheriff appointing them, and for the neglect and default of whom in the execution of their office the sheriff shall be responsible." [6] See, generally, Jamie S....
CopyCited 11 times | Published | Florida 5th District Court of Appeal
...[2] He further contends that the general order created a contractual right in him and a corresponding obligation on the sheriff, so that his termination constitutes a breach of that contract. We disagree on both points. A sheriff is authorized to appoint deputies for whose acts he is responsible, to act in his stead. Section 30.07, Florida Statutes (1981)....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...lity, is not the State of Florida, and is not a political subdivision of the state. It is also clear that the Sheriff did not employ Johnson as a deputy sheriff but appointed him which gave him the same power as the Sheriff under whom he was acting. Section 30.07, Florida Statutes (1975)....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1994 WL 531272
...111 of the Constitution of Florida, provided, further that nothing contained in §
30.48-30.53 shall be construed to alter, modify or change in any manner any civil service system or board, state or local, now in existence or hereafter established. Section
30.07, Florida Statutes, gives the sheriff authority to appoint deputies, and section
951.061, Florida Statutes, similarly gives the sheriff authority to appoint correctional officers for a county correctional system....
...A sheriff in Florida has absolute control over the selection and retention of his deputy sheriffs. Stough v. Gallagher,
967 F.2d 1523 (11th Cir.1992). To the extent that an individual works as a deputy sheriff, he or she is not employed by the sheriff but rather is appointed to the position. See §
30.07, Fla....
CopyCited 8 times | Published | District Court of Appeal of Florida
CopyCited 7 times | Published | Supreme Court of Florida | 155 Fla. 597, 1945 Fla. LEXIS 597
court on this point was free from error; citing Section
30.07, F.S. 1941, which says: "Sheriffs may appoint
CopyCited 7 times | Published | Supreme Court of Florida
peace" in their respective counties. Relatedly, section
30.07, Florida Statutes (2018), authorizes sheriffs
CopyCited 6 times | Published | District Court, N.D. Florida | 116 L.R.R.M. (BNA) 2172, 1983 U.S. Dist. LEXIS 20016
...ublic Employees Relations Act. In reaching that determination, the Court first noted that section
447.203(3), Florida Statutes, defines a "public employee" as "any person employed by a public employer". (emphasis added). The Court further noted that section
30.07, Florida Statutes, provides that "[s]heriffs may appoint deputies to act under them who shall have the same power as the sheriff appointing them...." Reading those statutes in pari materia, the supreme court concluded that [a] sheriff i...
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 567
...These deeds did nothing to change the title she held. Thus, they were likely more damaging to her claim than helpful. [11] See footnote 1, supra. [12] Indian Rocks Beach South Shore v. Ewell,
59 So.2d 647 (Fla. 1952). See, also 1A R. Boyer, Florida Real Estate Transactions §
30.07 (1986) and Bonifay v....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...wned and operated by Cobb "individually and as sheriff of Santa Rosa County, Florida * * *" through his deputy sheriff Newby. Under this allegation Cobb could be held liable if the proof showed he was the owner in either or both capacities, although Section 30.07, Florida Statutes, F.S.A., would have to be considered in connection with the question of the liability of Cobb as a sheriff....
CopyCited 4 times | Published | Supreme Court of Florida
...esults from an act committed by virtue of the office held by the deputy. An important Florida decision in this area is Swenson v. Cahoon,
111 Fla. 788,
152 So. 203 (1933). The opinion cited 1927 Compiled General Laws § 4578, which is now Fla. Stat. §
30.07 (1963), F.S.A....
...In Posey it will be noted that the sheriff was excused from liability because the alleged assault was an independent act committed by a deputy without cause while a prisoner was in custody following a lawful arrest. We note in passing that Posey was not brought to us for review. We have noted Fla. Stat. § 30.07 (1963), F.S.A....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...the Brevard County Sheriff's Civil Service Act. We agree, based on our opinion in Szell v. Lamar,
414 So.2d 276 (Fla. 5th DCA 1982), wherein we said: A sheriff is authorized to appoint deputies for whose acts he is responsible, to act in his stead. Section
30.07, Florida Statutes (1981)....
CopyCited 4 times | Published | District Court of Appeal of Florida
with due regard for the safety of all persons." § 30-7. In charging the jury, the trial court duly informed
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1787
...ncy suspension, all discipline was subject to the sheriff's approval. We approve of Szell v. Lamar,
414 So.2d 276 (Fla. 5th DCA 1982), which provided: A sheriff is authorized to appoint deputies for whose acts he is responsible, to act in his stead. Section
30.07, Florida Statutes (1981)....
CopyCited 4 times | Published | District Court, M.D. Florida
have the same powers as the sheriff, Fla. Stat. § 30,07, and among other things are “conservators of the
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 14 Fla. L. Weekly Fed. B 117, 2000 Bankr. LEXIS 1488, 2000 WL 1827785
South Carolina's recording act. See S.C. CODE ANN. § 30-7-10 (2000); see also First Fed. Savings & Loan Ass'n
CopyCited 2 times | Published | District Court, M.D. Florida | 2008 U.S. Dist. LEXIS 73391, 2008 WL 4405145
...Drudge brings against the City is a false arrest claim in Count IX. She alleges that such false arrest "resulted from willful and wanton conduct of Defendants, Norman Lanphere, Daniel Lockwood, and John Klein" and that the City is liable for such conduct under section 30.07, Florida Statutes....
...Stat. and the law of probable cause affidavits which failed to meet standard police training principles." (Compl. ¶¶ 40-41, 43). [22] This section, cited in the Complaint ( see Doc. 4 ¶ 89), is not the correct section for municipal tort liability. Section 30.07 pertains to deputy sheriffs and is not germane to this case, which involves city police officers. ( See § 30.07, Fla....
CopyCited 2 times | Published | Supreme Court of Florida
shall no longer remain in force and effect." Section 30(7), Article IV. Obviously § 855.04, Fla. Stat
CopyCited 2 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 13241
through 2009 Reg. Sess.); N.M. Stat. Ann. 1978, § 30-7-11.B (West, Westlaw through 2009 2d Sess.); N.Y
CopyCited 1 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 65813
final policy. Moreover, while Florida Statutes section
30.07 authorizes sheriffs to appoint and delegate
CopyCited 1 times | Published | District Court, M.D. Florida
...effectuated by a deputy sheriff was barred under Monell. See Neumann,
188 F.3d at 1291. The court found that the arrests, which did not involve and were not endorsed by the sheriff, were not a matter of final policy. Moreover, while Florida Statutes section
30.07 authorizes sheriffs to appoint and delegate their powers and duties to deputies, such delegation does not confer deputy sheriffs with final policymaking authority such that the county would be held liable for the deputy sheriff's actions....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...The Hearing Officer, the Commission and appellee relied upon the case of Murphy v. Mack,
358 So.2d 822 (Fla. 1978), which held that, although the sheriff is a public employer under Florida law, deputy sheriffs are not public employees they are appointed pursuant to section
30.07, Florida Statutes (1975)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
..."The sheriffs of the State of Florida are constitutional officers. (Article VIII Constitution of the State of Florida 1968.) The duties and responsibilities pursuant to that constitutional mandate have been legislatively set forth in Chapter 30 of the Florida Statutes 1977. § 30.07 F.S....
CopyCited 1 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 49482, 2008 WL 2557381
...A Deputy or Officer in one of Florida's county Sheriff departments does not constitute a final policymaking authority for the county because he does not stand in the shoes of the Sheriff and is under the chain of command of the Sheriff. Brown v. Neumann,
188 F.3d 1289, 1291 (11th Cir.1999) (stating that even in light of §
30.07, Florida Statutes, a Deputy Sheriff is not a final policymaker of a Florida county); see Adcock v....
CopyCited 1 times | Published | Supreme Court of Florida | 2000 WL 31835
...ation to a given period of time; and 4. Work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction.... §
447.203, Fla.Stat. (1997) (emphasis added). [5] See §
30.07, Fla.Stat....
CopyPublished | Court of Appeals for the Eleventh Circuit
and setting of salaries of such personnel ... Section
30.07. Fla.Stat. (1985) provides with respect to the
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2535, 1985 Fla. App. LEXIS 16759
employees — they are appointed pursuant to section
30.07, Florida Statutes (1975). Therefore, deputy
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16317
sheriff exists by express statutory authority. Section
30.07, Florida Statutes (1977), which is declaratory
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5751
Supreme Court points out that pursuant to F.S. §
30.07, F.S.A. sheriffs are authorized to appoint deputies
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
same power as the sheriffs appointing them. Section
30.07. I am not aware of any provision in Ch. 30,
CopyPublished | District Court of Appeal of Florida
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
the sheriff's final decision of termination. Section
30.07, Florida Statutes, provides: Sheriffs may appoint
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14080
the Sheriff, and that this Charter supersedes Section
30.07, F.S.A. We can agree with the trial court to
