(1) Sheriffs, in their respective counties, in person or by deputy, shall:
(a) Execute all process of the Supreme Court, circuit courts, county courts, and boards of county commissioners of this state, to be executed in their counties.
(b) Execute such other writs, processes, warrants, and other papers directed to them, as may come to their hands to be executed in their counties.
(c) Attend all sessions of the circuit court and county court held in their counties.
(d) Execute all orders of the boards of county commissioners of their counties, for which services they shall receive such compensation, out of the county treasury, as said boards may deem proper.
(e) Be conservators of the peace in their counties.
(f) Suppress tumults, riots, and unlawful assemblies in their counties with force and strong hand when necessary.
(g) Apprehend, without warrant, any person disturbing the peace, and carry that person before the proper judicial officer, that further proceedings may be had against him or her according to law.
(h) Have authority to raise the power of the county and command any person to assist them, when necessary, in the execution of the duties of their office; and, whoever, not being physically incompetent, refuses or neglects to render such assistance, shall be punished by imprisonment in jail not exceeding 1 year, or by fine not exceeding $500.
(i) Be, ex officio, timber agents for their counties.
(j) Perform such other duties as may be imposed upon them by law.
(k) Assist district school boards and charter school governing boards in complying with, or private schools or child care facilities, as defined in s. 402.302, in exercising options in, s. 1006.12. A sheriff shall, at a minimum, provide access to a Chris Hixon, Coach Aaron Feis, and Coach Scott Beigel Guardian Program to aid in the prevention or abatement of active assailant incidents on school premises, as required under this paragraph. Persons certified as school guardians pursuant to this paragraph have no authority to act in any law enforcement capacity except to the extent necessary to prevent or abate an active assailant incident.
1.a. If a local school board has voted by a majority to implement a guardian program or has contracted for the use of school security guards to satisfy the requirements of s. 1006.12, the sheriff in that county must establish a guardian program to provide training for school guardians or school security guards, pursuant to subparagraph 2., to school district, charter school, private school, child care facility, or security agency employees, either directly or through a contract with another sheriff’s office that has established a guardian program. The security agency employing a school security guard is responsible for all training and screening-related costs for a school security guard, but such charges may not exceed the actual cost incurred by the sheriff to provide the training.
b. A charter school governing board in a school district that has not voted, or has declined, to implement a guardian program may request the sheriff in the county to establish a guardian program for the purpose of training the charter school employees or school security guards consistent with the requirements of subparagraph 2. If the county sheriff denies the request, the charter school governing board may contract with a sheriff that has established a guardian program to provide such training. The charter school governing board must notify the superintendent and the sheriff in the charter school’s county of the contract prior to its execution. The security agency employing a school security guard is responsible for all training and screening-related costs for a school security guard, but such charges may not exceed the actual cost incurred by the sheriff to provide the training.
c. A private school or child care facility in a school district that has not voted, or has declined, to implement a guardian program may request that the sheriff in the county of the private school or child care facility establish a guardian program for the purpose of training private school employees, child care facility employees, or school security guards. If the county sheriff denies the request, the private school or child care facility may contract with a sheriff from another county who has established a guardian program under subparagraph 2. to provide such training. The private school or child care facility must notify the sheriff in the private school’s or child care facility’s county of the contract with a sheriff from another county before its execution. The private school, child care facility, or security agency is responsible for all training and screening-related costs for a school guardian program. The sheriff providing such training must ensure that any moneys paid by a private school, child care facility, or security agency are not commingled with any funds provided by the state to the sheriff as reimbursement for screening-related and training-related costs of any school district or charter school employee.
d. The training program required in sub-subparagraph 2.b. is a standardized statewide curriculum, and each sheriff providing such training shall adhere to the course of instruction specified in that sub-subparagraph. This subparagraph does not prohibit a sheriff from providing additional training. A school guardian or school security guard who has completed the training program required in sub-subparagraph 2.b. may not be required to attend another sheriff’s training program pursuant to that sub-subparagraph unless there has been at least a 1-year break in his or her appointment as a guardian or employment by a security agency as a school security guard in a school.
e. The sheriff conducting the training pursuant to subparagraph 2. for school district and charter school employees will be reimbursed for screening-related and training-related costs and for providing a one-time stipend of $500 to each school guardian who participates in the school guardian program.
f. The sheriff may waive the training and screening-related costs for a private school or child care facility for a school guardian program. Funds provided pursuant to sub-subparagraph e. may not be used to subsidize any costs that have been waived by the sheriff. The sheriff may not waive the training and screening-related costs required to be paid by a security agency for initial training or ongoing training of a school security guard.
g. A person who is certified and in good standing under the Florida Criminal Justice Standards and Training Commission, who meets the qualifications established in s. 943.13, and who is otherwise qualified for the position of a school guardian or school security guard may be certified as a school guardian or school security guard by the sheriff without completing the training requirements of sub-subparagraph 2.b. However, a person certified as a school guardian or school security guard under this sub-subparagraph must meet the requirements of sub-subparagraphs 2.c.-e.
2. A sheriff who establishes a program shall consult with the Department of Law Enforcement on programmatic guiding principles, practices, and resources, and shall certify as school guardians, without the power of arrest, school employees, as specified in s. 1006.12(3), or shall certify as school security guards those persons employed by a security agency who meet the criteria specified in s. 1006.12(4), and who:
a. Hold a valid license issued under s. 790.06 or are otherwise eligible to possess or carry a concealed firearm under chapter 790.
b. After satisfying the requirements of s. 1006.12(7), complete a 144-hour training program, consisting of 12 hours of training to improve the school guardian’s knowledge and skills necessary to respond to and de-escalate incidents on school premises and 132 total hours of comprehensive firearm safety and proficiency training conducted by Criminal Justice Standards and Training Commission-certified instructors, which must include:
(I) Eighty hours of firearms instruction based on the Criminal Justice Standards and Training Commission’s Law Enforcement Academy training model, which must include at least 10 percent but no more than 20 percent more rounds fired than associated with academy training. Program participants must achieve an 85 percent pass rate on the firearms training.
(II) Sixteen hours of instruction in precision pistol.
(III) Eight hours of discretionary shooting instruction using state-of-the-art simulator exercises.
(IV) Sixteen hours of instruction in active shooter or assailant scenarios.
(V) Eight hours of instruction in defensive tactics.
(VI) Four hours of instruction in legal issues.
c. Pass a psychological evaluation administered by a psychologist licensed under chapter 490 and designated by the Department of Law Enforcement and submit the results of the evaluation to the sheriff’s office. The Department of Law Enforcement is authorized to provide the sheriff’s office with mental health and substance abuse data for compliance with this paragraph.
d. Submit to and pass an initial drug test and subsequent random drug tests in accordance with the requirements of s. 112.0455 and the sheriff’s office.
e. Successfully complete ongoing training, weapon inspection, and firearm qualification on at least an annual basis.
The sheriff who conducts the guardian training or waives the training requirements for a person under sub-subparagraph 1.g. shall issue a school guardian certificate to persons who meet the requirements of this section to the satisfaction of the sheriff, and shall maintain documentation of weapon and equipment inspections, as well as the training, certification, inspection, and qualification records of each school guardian certified by the sheriff. A person who is certified under this paragraph may serve as a school guardian under s. 1006.12(3) only if he or she is appointed by the applicable school district superintendent, charter school principal, private school head of school, or child care facility owner. A sheriff who conducts the training for a school security guard or waives the training requirements for a person under sub-subparagraph 1.g. and determines that the school security guard has met all the requirements of s. 1006.12(4) shall issue a school security guard certificate to persons who meet the requirements of this section to the satisfaction of the sheriff and shall maintain documentation of weapon and equipment inspections, training, certification, and qualification records for each school security guard certified by the sheriff.
3.a. Within 30 days after issuing a school guardian or school security guard certificate, the sheriff who issued the certificate must report to the Department of Law Enforcement the name, date of birth, and certification date of the school guardian or school security guard.
b. By February 1 and September 1 of each school year, each school district, charter school, employing security agency, private school, and child care facility must report in the manner prescribed to the Department of Law Enforcement the name, date of birth, and appointment date of each person appointed as a school guardian or employed as a school security guard. The school district, charter school, employing security agency, private school, and child care facility must also report in the manner prescribed to the Department of Law Enforcement the date each school guardian or school security guard separates from his or her appointment as a school guardian or employment as a school security guard in a school.
c. The Department of Law Enforcement shall maintain a list of each person appointed as a school guardian or certified as a school security guard in the state. The list must include the name and certification date of each school guardian and school security guard and the date the person was appointed as a school guardian or certified as a school security guard, including the name of the school district, charter school, private school, or child care facility in which the school guardian is appointed, or the employing security agency of a school security guard, any information provided pursuant to s. 1006.12(5), and, if applicable, the date such person separated from his or her appointment as a school guardian or the last date a school security guard served in a school as of the last reporting date. The Department of Law Enforcement shall remove from the list any person whose training has expired pursuant to sub-subparagraph 1.d.
d. Each sheriff shall report on a quarterly basis to the Department of Law Enforcement the schedule for upcoming school guardian trainings, to include guardian trainings for school security guards, including the dates of the training, the training locations, a contact person to register for the training, and the class capacity. If no trainings are scheduled, the sheriff is not required to report to the Department of Law Enforcement. The Department of Law Enforcement shall publish on its website a list of the upcoming school guardian trainings. The Department of Law Enforcement shall update such list quarterly.
e. A sheriff who fails to report the information required by this subparagraph may not receive reimbursement from the Department of Education for school guardian trainings. Upon the submission of the required information, a sheriff is deemed eligible for such funding and is authorized to continue to receive reimbursement for school guardian training.
f. A school district, charter school, private school, child care facility, or employing security agency that fails to report the information required by this subparagraph is prohibited from operating a school guardian program or employing school security guards in the following school year unless the missing information is provided.
g. By March 1 and October 1 of each school year, the Department of Law Enforcement shall notify the Department of Education of any sheriff, school district, charter school, private school, or child care facility that has not complied with the reporting requirements of this subparagraph.
h. The Department of Law Enforcement may adopt rules to implement the requirements of this subparagraph, including requiring additional reporting information only as necessary to uniquely identify each school guardian and school security guard reported.
(2) Sheriffs, in their respective counties, in person or by deputy, shall, at the will of the board of county commissioners, attend, in person or by deputy, all meetings of the boards of county commissioners of their counties, for which services they shall receive such compensation, out of the county treasury, as said boards may deem proper.
(3) Every sheriff shall incorporate an antiracial or other antidiscriminatory profiling policy into the sheriff’s policies and practices, utilizing the Florida Police Chiefs Association Model Policy as a guide. Antiprofiling policies shall include the elements of definitions, traffic stop procedures, community education and awareness efforts, and policies for the handling of complaints from the public.
(4)(a) In accordance with each county’s obligation under s. 14, Art. V of the State Constitution and s. 29.008 to fund security for trial court facilities, the sheriff of each county shall coordinate with the board of county commissioners of that county and the chief judge of the circuit in which that county is located on the development of a comprehensive plan for the provision of security for trial court facilities. Each sheriff shall retain authority over the implementation and provision of law enforcement services associated with the plan. The chief judge of the circuit shall retain decisionmaking authority to ensure the protection of due process rights, including, but not limited to, the scheduling and conduct of trials and other judicial proceedings as part of his or her responsibility for the administrative supervision of trial courts under s. 43.26.
(b) Sheriffs and their deputies, employees, and contractors are officers of the court when providing security for trial court facilities under this subsection.
(5) As required by s. 1(d), Art. VIII of the State Constitution, there shall be an elected sheriff in each Florida county and the transfer of the sheriff’s duties to another officer or office is prohibited.
(a) Unless otherwise authorized by state law, the sheriff shall have exclusive policing jurisdiction in the unincorporated areas of each county. The sheriff’s jurisdiction and powers must run throughout the entire county regardless of whether there are incorporated cities or other independent districts or governmental entities in the county. The sheriff’s jurisdiction is concurrent with any city, district, or other law enforcement agency that has jurisdiction in a city or district.
(b) A police department or other policing entity may not be maintained or established by the county’s board of county commissioners, or any other county legislative body, to provide any policing in the unincorporated area of any county. Unless otherwise authorized by state law, only the duly elected sheriff may provide such policing and police functions in the unincorporated area of any county. A county may not contract with or engage in any manner with an incorporated city’s or district’s police department to provide any services provided by the sheriff, including policing or police functions in the unincorporated area of any county. Nothing in this paragraph affects the jurisdiction or powers of any agency of the State of Florida or the United States or prohibits mutual aid agreements between the sheriff and any other police department.
(6) Any information held by the Department of Law Enforcement, a law enforcement agency, a school district, or a charter school that would identify whether a person has been certified to serve as a school guardian is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2029, unless reviewed and saved from repeal through reenactment by the Legislature.
History.—s. 14, ch. 4, 1845; ss. 1, 4, ch. 157, 1848; s. 9, ch. 1626, 1868; ss. 1, 2, ch. 1659, 1868; RS 650, 651, 653, 1241, 1242, 2583; GS 991, 992, 994, 1670, 1671, 3503; RGS 1804, 1805, 1807, 2875, 2876, 5388; CGL 2856, 2857, 2859, 4572, 4573, 7527; s. 4, ch. 22790, 1945; s. 4, ch. 73-334; s. 1, ch. 91-95; s. 179, ch. 95-147; s. 2, ch. 2001-264; s. 5, ch. 2013-25; s. 5, ch. 2018-3; s. 9, ch. 2019-3; s. 1, ch. 2019-22; s. 1, ch. 2020-100; s. 2, ch. 2023-18; s. 1, ch. 2023-156; s. 1, ch. 2024-155; s. 1, ch. 2024-156; s. 1, ch. 2025-58.
Cited 194 times | Published | Court of Appeals for the Eleventh Circuit | 225 U.S.P.Q. (BNA) 1131, 1985 U.S. App. LEXIS 28843
...John H. Harland Co., 711 F.2d at 973 . 34 . Id. at 974 . 35 . Id. 36 . See note 14, supra. 37 . Southern Monorail Co., 666 F.2d at 186 . 38 . Geo. Washington Mint, Inc. v. Washington Mint, Inc., 349 F.Supp. 255 (S.D.N.Y.1972), cited in 2 j. McCarthy, § 30.15....
...Finally, does the governmental agency involved possess the requisite constitutional, statutory, or lawful authority and duty to do or make the challenged act, omission, or decision? Yes, by all accounts, the Sheriff has the unquestioned authority to respond to 911 calls within his jurisdiction. Cf. § 30.15, Fla....
...The governor, upon declaration of a state of
emergency, see Fla. Stat. § 14.022(2), may “[o]rder any sheriff or sheriffs of this
state, pursuant to a proclamation as herein provided, to exercise fully the powers
granted them, and each of them, under § 30.15(1)(f) (suppress tumults, riots, and
unlawful assemblies in their counties with force and strong hand when necessary)
and to do all things necessary to maintain peace and good order.” Id....
...Antiprofiling
policies shall include the elements of definitions, traffic stop
procedures, community education and awareness efforts, and
policies for the handling of complaints from the public.
Fla. Stat. § 30.15.
That the state prescribes some functions for sheriffs is not insignificant, nor
does it transform sheriffs into state officers in the execution of all duties, for
several reasons....
...not for all purposes) -- the
factor relevant to the arm of the state inquiry -- but to ensure that the counties, as
political subdivisions of the state, carry out some of the state’s local business “in
their respective counties.” Fla. Stat. § 30.15(1), (2)....
...ut
either at the sole discretion of the county or on behalf of the county. For example,
the sheriff acts on behalf of the county when he fulfills his duty of executing the
process of county courts and the board of county commissioners, Fla. Stat. §
30.15(1)(a), or when he attends terms of the county court, id. § 30.15(1)(c), or
when he executes the orders of the board of county commissioners, id. §
23
30.15(1)(d)....
...Similarly, sheriffs must “at the will of the board of county
commissioners, attend . . . all meetings of the boards of county commissioners of
their respective counties, for which services they shall receive such compensation,
out of the county treasury, as said boards may deem proper.” Id. § 30.15(2)
(emphasis added).
When carrying out some of these enumerated functions, the sheriff may well
be acting as an arm of the state. For example, in a case involving a claim arising
out of the sheriff’s service of state process, id. § 30.15(1)(a), or his implementation
of an antidiscrimination policy, id. § 30.15(3), a finding that the sheriff is entitled
to the protection of the state’s Eleventh Amendment immunity may be appropriate.
However, our focus is necessarily on the function in which the sheriff was engaged
when Abusaid’s cause of act...
...hapter 27601, Acts of 1951. It is admitted that said act is a local law so it is unnecessary to labor that point. Neither is it necessary to labor the point of whether deputy sheriffs are officers or employees, their powers 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....
Cited 18 times | Published | Florida 2nd District Court of Appeal
...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....
...[2] Section 30.07, Florida Statutes (1979): Deputy sheriffs. 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. [3] Section 30.15, Florida Statutes (1979): Powers, duties, and obligations....
Cited 15 times | Published | Court of Appeals for the Eleventh Circuit
...Because any expectations arising from the wrecker rotation policy of a county sheriff are not grounded in Florida law, such a policy does not give rise to a constitutionally protected property interest. 16 The plaintiffs rely on Fla.Stat.Ann. sections 30.15, 30.53, and 316.640 as support for the proposition that Florida county sheriffs have authority to promulgate wrecker service regulations that have the effect of creating a legal entitlement. Section 30.15 defines the general "[p]owers, duties, and obligations" of county sheriffs but contains no delegation of regulatory power. Fla.Stat.Ann. Sec. 30.15 (West 1988)....
Cited 14 times | Published | Florida 4th District Court of Appeal | 2002 WL 891777
...389 (1945) ("The Eleventh Amendment declares a policy and sets forth an explicit limitation on federal judicial power of such compelling force that this Court will consider the issue arising under this Amendment in this case even though urged for the first time in this Court."). [9] See § 30.15(1)(a), Fla....
Cited 8 times | Published | Florida 2nd District Court of Appeal
...nstitution where the inmate is located. However, here, relator does not object to initially transporting such of the defendants now in his custody back to the Sumter Correctional Institution to be turned over to the sheriff at that point. Fla. Stat. § 30.15(6) (1971), F.S.A., provides that the sheriff shall be the conservator of the peace in his county. Section 30.15(4) specifies that the sheriff, in person or by deputy, shall attend all terms of court....
Cited 7 times | Published | Supreme Court of Florida
...address the claim at the
heart of Sheriff Israel’s petition, i.e., the assertion that the factual allegations
underlying the suspension order are disconnected from Israel’s statutory duties.
Israel’s view of those duties is far too narrow. Section 30.15(e), Florida Statutes
(2018), makes sheriffs “in person or by deputy” the “conservators of the peace” in
their respective counties....
Cited 4 times | Published | Supreme Court of Florida | 1997 WL 251743
...Accordingly, we hold that section 316.193(6)(d) is not unconstitutionally vague and reverse the decision of the district court of appeal. It is so ordered. KOGAN, C.J., and OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ., concur. NOTES [1] We note in passing that section 30.15, Florida Statutes (1993), provides that the sheriff shall execute all process of the county court....
Cited 4 times | Published | District Court, M.D. Florida
...e of their official duties and were within the scope of their authority as deputy sheriffs. In Florida, deputy sheriffs have the same powers as the sheriff, Fla. Stat. § 30 ,07, and among other things are “conservators of the peace.” Fla. Stat. § 30.15 (l)(e)....
Cited 3 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2850080
...Instead the term of probation is "tolled." See § 948.06(1)(d). When a sheriff receives such a warrant, there may be no urgency from the perspective of public safety to arrest the person who is already in jail, but the sheriff does have a duty and obligation to execute such warrants. See § 30.15(1)(b), Fla....
...trial court does not have jurisdiction over the property in the forfeiture proceeding. We similarly conclude that the Seminole County Circuit Court did not have jurisdiction to authorize continued seizure of the automobiles seized in other counties. Section 30.15(1), Florida Statutes (2013), provides for a sheriff’s territorial authority, in pertinent part: Sheriffs, in their respective counties, in person or by deputy, shall: [[Image here]] (b) Execute such other writs, processes, warrants, a...
...Playtime Theatres, 475 U.S. 41, 51-52, 106 S.Ct. 925, 89 L.Ed.2d 29 (1985); Wise Enterps., Inc. v. Unified Gov't of Athens-Clarke County, Ga., 217 F.3d 1360, 1363-64 (11th Cir. 2000). Further, as was previously found by the court, Florida Statutes section 30.15 mandates that sheriffs perform duties that are imposed upon them by law, and section 42-61 of the Pinellas County code imposes a duty on the sheriff to enforce the ordinance: The sheriff is responsible for verifying information containe...
...t is in compliance with applicable local ordinances and criminal statutes, including the provisions set forth in division 6 [miscellaneous prohibitions] of this article. (Doc. 65 at 3) (quoting Pinellas County, Fla., Code § 42-61(c); Fla. Stat. ch. 30.15; 901.15(1))....
...1 ¶ 135) (emphasis in the original). The Order held that while Plaintiffs may raise constitutional challenges to the manner and effect of the Sheriff's enforcement of the adult use ordinances, the mere fact of his enforcement as mandated by Florida Statutes section 30.15 does not, in itself, constitute a violation of Plaintiffs' constitutional rights....
Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1995 WL 707460
...Because any
expectations arising from the wrecker rotation policy of a county
sheriff are not grounded in Florida law, such a policy does not
give rise to a constitutionally protected property interest.
The plaintiffs rely on Fla.Stat.Ann. sections 30.15, 30.53,
and 316.640 as support for the proposition that Florida county
sheriffs have authority to promulgate wrecker service regulations
that have the effect of creating a legal entitlement. Section
30.15 defines the general "[p]owers, duties, and obligations" of
county sheriffs but contains no delegation of regulatory power.
Fla.Stat.Ann. § 30.15 (West 1988)....
...Because the owner of the property on which plaintiffs lived never gave plaintiffs permission to enter the property, plaintiffs violated Florida law by living on the property. Accordingly, defendants' actions were related to a permissible government objective. See Fla.Stat.Ann. § 30.15 (West Supp.1993) (providing that Florida sheriffs and sheriff's deputies have a duty to enforce the laws of the State of Florida)....
Cited 1 times | Published | Florida 2nd District Court of Appeal
...It cannot be said that an officer who has made an arrest loses his official capacity if the arrest is subsequently adjudged to be either unlawful, or not within the powers granted to one in his position. In the case sub judice, a breach of the peace was reported to the sheriff's department. Pursuant to section 30.15, Florida Statutes (1981), the sheriff of Pasco County or his deputy had the authority to raise the power of the county and command any person to assist him....
...ployment. United States v. Heliczer, 373 F.2d 241, 245 (2nd Cir.1967); Clinton v. State, 421 So.2d 186, 188 (Fla. 2d DCA 1982)-. In Florida, “[t]he ... duties ... of state.and county officers shall be fixed by law.” Art. II, § 5(c), Fla. Const. Section 30.15(1), Florida Statutes (2011), states, in relevant part, that “[s]heriffs, in their respective counties, in person or by deputy, shall .......
...may arrest a person without a warrant. 1 However, you have specifically requested my assistance in determining the appropriate procedure for delegating the power to execute and serve civil and criminal process, including arrest warrants, pursuant to s. 30.15 , F.S., and s....
...s that "[s]ervice of process may be made by an officer authorized by law to serve process but the court may appoint any competent person . . . ." 3 (e.s.) Thus, those persons responsible for serving process may be specifically designated by statute. Section 30.15 , F.S., expressly provides that: (1) Sheriffs, in their respective counties, in person or by deputy, shall: (a) Execute all process of the Supreme Court, circuit courts, county courts, and boards of county commissioners of this state, to be executed in their counties. (b) Execute such other writs, processes, warrants, and other papers directed to them, as may come to their hands to be executed in their counties. Section 30.15 (1), F.S., provides that sheriffs, in person or by deputy, shall execute in their respective counties all process of the courts of this state that is executed in their counties....
...rritorially. 9 Therefore, it is my opinion that a mutual aid agreement between the sheriff and a municipal police department cannot vest the police department or its officers with the exclusive authority of the sheriff to execute process pursuant to s. 30.15 , F.S., or s....
...THE COURT OF COMPETENT JURISDICTION? 2. CAN THE SHERIFF DIRECT THE MUNICIPAL POLICE DEPARTMENT TO SERVE AN ARREST WARRANT OR CRIMINAL SUMMONS INITIATED BY THE MUNICIPAL POLICE DEPARTMENT? QUESTION ONE Your first question is answered in the negative. Section 30.15 (1), F.S., provides that sheriffs, in person or by deputy, shall execute in their respective counties all process of the courts of this state which is executed in their counties....
...ther way. Alsop v. Pierce, 19 So.2d 799 , 805-806 (Fla. 1944). See also, Weinberger v. Board of Public Instruction, 112 So. 253 , 256 (Fla. 1927); In re Advisory Opinion of the Governor Civil Rights, 306 So.2d 520 , 523 (Fla. 1975). Therefore, as ss 30.15 (1) and 901.04 , F.S., read together direct that arrest warrants or any other criminal process issued by the state courts shall be executed or served only by the sheriff or his deputies, such service by a municipal police officer is not only unauthorized but is prohibited....
...issued by courts of this state. I therefore conclude that a sheriff is not authorized by law to direct a municipal police department or the municipal police to execute or serve any criminal process issued by the state's courts. As discussed above, s 30.15 (1), F.S., imposes on the sheriff (either in person or by his deputies), the duty to execute the criminal process of the state courts and ss 30.15 (1) and 901.04 , F.S., when read together, direct that arrest warrants or any other criminal process issued by the state courts be executed or served only by the sheriff or his deputies....
...Maryland and to bring him to Florida for a hearing to determine his ability to pay support following a contempt finding. We grant the petition as the language of section 61.11(2), Florida Statutes (2005), limits its application to Florida. See also § 30.15(1)(b), Fla....
...Rule 1.070, Fla.R.Civ.Pro., is an example of the Florida Supreme Court's implementation of that power, subsection (b) thereof providing: "Service of process may be made by an officer authorized by law to serve process but the court may appoint any competent person. . . ." 2 Section 30.15 , F.S., expressly provides in pertinent part: Sheriffs, in their respective counties, in person or by deputy, shall: (1) Execute all process of the Supreme Court, circuit courts, county courts, and boards of county commissioners of this...
...equirements of s. 48.021 (2), (3) and (4). See also, s. 48.195 , F.S. (service of foreign process by sheriff). Compare, earlier version of s. 48.021 , F.S., 1967, that authorized "constable of the district" to serve process. As expressly provided in s. 30.15 (1) and (2), and the other above cited statutes, it is the sheriff, and not municipal police officers, that is statutorily authorized to execute all process of the courts of this state....
Published | Florida 4th District Court of Appeal | 2009 WL 18709
...1st DCA 1997) (quashing administrative order in part because it usurped role given by legislature to department to develop and revise risk assessment instruments). The transportation of offenders to court is not the statutory and ministerial duty of the Department. § 30.15, Fla....
...hold elections for its sheriff starting in 2024. Art. VIII, § 6(g)(2), Fla.
Const.
- 11 -
disturbing the peace, and carry that person before the proper
judicial officer, that further proceedings may be had against him or
her according to law.” § 30.15(f)-(g)....
...2019-
167, § 36, Laws of Fla.
Instruction 21.16 is amended also based upon recent legislation. Under
chapter 2019-22, section 2, Laws of Florida, the Legislature added “a school
-2-
guardian as described in s. 30.15(1)(k)” and “a security officer licensed under
chapter 493” to the list of impersonated individuals covered by the crime of Falsely
Personating an Officer and removed the term “watchman.” In addition, “officers
of the Department of Environmental Protection” are also included in the list....
...ies, and who
has received law enforcement training equivalent to training for Florida law
enforcement officers.
§ 843.08, Fla. Stat.
A “watchman” means a security officer licensed under Chapter 493 of
the Florida Statutes.
See § 30.15(1)(k), Fla....
Published | Court of Appeals for the Eleventh Circuit
...hand when necessary.” Fla. Stat. § 14.022(3)(b). And Florida law au-
thorizes sheriffs to “[s]uppress tumults, riots, and unlawful assem-
blies in their counties with force and strong hand when necessary.”
Id. § 30.15....
Published | Court of Appeals for the Eleventh Circuit
...hand when necessary.” Fla. Stat. § 14.022(3)(b). And Florida law au-
thorizes sheriffs to “[s]uppress tumults, riots, and unlawful assem-
blies in their counties with force and strong hand when necessary.”
Id. § 30.15....
...safety of persons or property within court facilities or on court facilities grounds, or which disrupts the official business conducted within such facilities .... The Sheriff argues that by directing him to provide -security beyond the dictates of section 30.15, Florida Statutes (2016), the Chief Judge—an arm of the judicial branch—exceeded his authority and encroached on the Sheriffs constitutional independence in violation of separation of powers principles. According to the Sheriff, the Chief Judge can only compel him to provide security within the literal four corners of a courtroom wherein sessions of court are actually held because section 30.15, which addresses the “[p]owers, duties, and obligations” of the Sheriff, only requires the Sheriff to, in relevant part, “[ajttend all sessions of the circuit court and county court.” § 30.15(l)(c)....
...exclusively, to provide that security.' Even assuming the Sheriffs characterization of the order.-is accurate, the Sheriff has not identified any source of law that prohibits such a mandate. In an attempt to meet this burden, the Sheriff argues that section 30.15 defines the exclusive scope of the Sheriffs obligations with respect to the court and does not include a duty to provide security for court facilities. However, section 30.15(l)(j) explicitly requires the Sheriff to “[p]erform such other duties as may be imposed upon [him] by law.” As explained above, the Chief Judge is legally empowered to issue administrative orders regarding the security of court facilities and to compel court officers, such as the Sheriff, to comply with its administrative orders. Nothing in section 30.15 absolves the Sheriff of his duty to comply with the lawful administrative order at issue here....
...100 from sheriffs or deputies who fail to execute process without good cause. A partnership filed an action against a corporation. A writ directed to the corporate defendant was delivered to the sheriff’s office of Seminole County for service. See § 30.15(2), Fla.Stat....
...judicata. The Court finds that Plaintiffs arguments are without merit and that the agreement gave the officers the authority to stop and arrest Plaintiff. Generally, a police officer's authority is limited to his or her jurisdiction. See Fla. Stat. 30.15; State v....
...It also observed that, by statute, a Florida sheriff
already had authority to “raise the power of the county and
command any person to assist him, when necessary, in the
execution of the duties of his office.” § 144.02, Fla. Stat. (1941); see
§ 30.15(1)(h), Fla....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
