Florida/Georgia Personal Injury & Workers Compensation

...operations, stating: “The independence of the sheriffs shall be preserved 16 concerning the purchase of supplies and equipment, selection of personnel, and the hiring, firing, and setting of salaries of such personnel . . . .” Id. § 30.53. Accordingly, as to these day-to-day operations, the state has retained no control over sheriffs....

...enforcement be centralized in the county, and in order that the people be able to place responsibility upon a particular officer for failure of law enforcement.” Szell v. Lamar, 414 So. 2d 276, 277 (Fla. Dist. Ct. App. 1982) (citing Fla. Stat. § 30.53); see also Blackburn, 70 So....

...his position as deputy sheriff. 27 The judgment dismissing St. Johns County as a party defendant and the judgment granting St. Johns County attorney's fees and costs are REVERSED and the judgment denying reinstatement to the plaintiff is AFFIRMED. 1 Section 30.53, Fla.Stat....

...Finally, subsequent legislative action supports a construction of article III, section 14 of the 1968 constitution that allows creation of civil service systems by special or local laws for deputies as officers "not elected or appointed by the governor." Section 30.53, Florida Statutes (1977), reads: *435 Independence of sheriffs shall be preserved concerning ......

...provided that nothing herein contained shall restrict the establishment or operation of any civil service system or civil service board created pursuant to section 14, Article III, of the Constitution of Florida, provided further that nothing contained in sections 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....

...to retain his deputies. For this view would obviously contradict both: (1) the spirit of article III, section 14, the constitutional mandate for the establishment of civil service for "employees and officers," and (2) the clear legislative intent in section 30.53, with its specific exception to the independence of the sheriff's duties in furtherance of civil service systems....

...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). Section 30.53 preserves the independence of sheriffs "concerning the purchase of supplies and equipment, selection of personnel ... setting of salaries," but says nothing about the promulgation of regulations. Fla.Stat.Ann. Sec. 30.53 (West 1988)....

...nchback's fetus or lessen the policy's impact on women. Thus, the employer's action cannot be defended by a business necessity. REMEDY As a correctional officer for St. 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 ......

...The sheriff has absolute control over the selection and retention of deputies in order that law enforcement be centralized in the county, and in order that the people be able to place responsibility upon a particular officer for failure of law enforcement. Section 30.53, Florida Statutes (1981); Tanner v....

...Consequently, McRae had to sufficiently allege a property interest in his position under Florida law in order to establish his entitlement *1373 to any procedural due process safeguards. Personnel appointed by a sheriff, including deputy sheriffs and correctional officers, are "at will" employees. Section 30.53, Florida Statutes, provides: The independence of the sheriffs shall be preserved concerning ..., selection of personnel, and the hiring, firing and setting of salaries of such personnel; provided that nothing herein contained shall restrict the establishment or operation of any civil service system or civil service hoard created pursuant to s. 14, Art. 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....

...5th DCA 1989) (18 1/2 year investigator for state attorney's office who was appointee of the state attorney lacked vested property interest in position). The only exception to this principle is where a general or special act of the legislature establishes a career service system for employees of the sheriff pursuant to section 30.53, Florida Statutes....

...ate. See Mt. Healthy City School District v. Doyle, 429 U.S. 274, 281 , 97 S.Ct. 568, 573 , 50 L.Ed.2d 471 (1977). In Florida, moreover, particular statutes specifically permit sheriffs to control the day-to-day operations of their office. See e.g., § 30.53, Fla.Stat....

...t against Jenny. This appeal followed. Relevant Statutes Pursuant to the Orange County Career Service Act, chapter 89-507, Laws of Florida, the Sheriff possesses the authority to receive, investigate, and dispose of complaints against his personnel. Section 30.53, Florida Statutes, also preserves the Sheriff's independence in selecting, retaining, or firing personnel and setting salaries....

...In light of Florida statutory authority, which designates county sheriffs as independent constitutional officials, the Court finds that Sheriff Neumann, as the county's chief law enforcement officer, was the final policymaker for matters concerning the Palm Beach County Sheriff's Office. See § 30.53, Fla.Stat.; Brevard County v....

...ties constitutes a suit against the Palm Beach County Sheriff's Office, which, under the Florida Constitution and the Florida Statutes, is a legal entity separate from Palm Beach County. See Fla. Const.Art. VIII, § 1(d); §§ 30.073, 30.079, 30.15, 30.53, Fla.Stat....

...The sheriff has absolute control over the selection and retention of deputies in order that law enforcement be centralized in the county, and in order that the people be able to place responsibility upon a particular officer for failure of law enforcement. *1107 Section 30.53, Florida Statutes (1981); Tanner v....

...The sheriff has absolute control over the selection and retention of deputies in order that law enforcement be centralized in the county, and in order that the people be able to place responsibility upon a particular officer for failure of law enforcement. Section 30.53, Florida Statutes (1981); Tanner v....

...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). Section 30.53 preserves the independence of sheriffs "concerning the purchase of supplies and equipment, selection of personnel ... setting of salaries," but says nothing about the promulgation of regulations. Fla.Stat.Ann. § 30.53 (West 1988)....

...en the Sheriff’s authority in Chapter 30, Florida Statutes, and the County’s authority to implement a county budget in Chapter 129, Florida Statutes. The Sheriff is an elected, independent constitutional officer. Art. VIII, § 1(d), Fla. Const.; § 30.53, Fla....

...rt that construing chapters 30 and 129 in harmony leads to the conclusion that the Sheriff is not required to seek Board approval before transferring funds between objects. We are specifically persuaded by the following three arguments. First, section 30.53, Florida Statutes (2018), explicitly preserves the Sheriff’s independence as a constitutional officer “concerning the purchase of supplies and equipment, selection of personnel, and the hiring, firing, and setting of salaries of suc...

...belongs uniquely to the sheriff as the chief law enforcement officer of the county. To hold otherwise would do irreparable harm to the integrity of a constitutionally created office as well as violate the precept established by F.S. Section 30.53 and, in practical effect, gain nothing for the county. Weitzenfeld construed an older version of section 30.49 that did not require the Sheriff to submit a proposed budget organized by function, object, and sub-object....

independence from the counties in making purchases. Section 30.53, F. S., provides in pertinent part: The

Emergency Relief Appropriation Act of June 30, 1939, § 30, 53 Stat. 927, 937, Chap. 252, 15 U.S.C.A. §§ 721-728

...his position as deputy sheriff. The judgment dismissing St. Johns County as a party defendant and the judgment granting St. Johns County attorney’s fees and costs are REVERSED and the judgment denying reinstatement to the plaintiff is AFFIRMED. . Section 30.53, Fla.Stat....

as violate the precept established by F.S. Section 30.53 and, in practical effect, gain nothing for the

independence from the counties in making purchases. Section 30.53, Florida Statutes provides: "The independence

...exist which present a clear and present or probable threat of violence, danger, or disorder, or at any time a disorderly situation exists which in the sheriff’s opinion warrants such action.” § 30.291. More to the point at issue here, section 30.53, entitled “Independence of constitutional officials,” addresses sheriffs’ spending power: The independence of the sheriffs shall be preserved concerning the purchase of supplies and equipment, selection of...

...herein contained shall restrict the establishment or operation of any civil service system or civil service board created pursuant to s. 14, Art. III, of the Constitution of Florida, provided, further that nothing contained in ss. 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. § 30.53. - 12 -  And yet, chapter 30 does not give the sheriffs exclusive authority over budgetary matters, for sheriffs are subject to the provisions of chapter 129....

...ty to make transfers at the object level without County approval. Alachua Cnty., Fla. v. Darnell, No. 01-2017-CA-521, 2018 WL 11189988, at *1 (Fla. 8th Cir. Ct. Jan. 5, 2018). The First District agreed. Its decision rested on three points: section 30.53 preserves sheriffs’ independence; the “lame duck” provision of section 129.06(5) specifies the only situation where the sheriff needs board approval for a transfer; and Weitzenfeld v. Dierks, 312 So....

...the duly approved budget. § 120.07. This financial relationship, carefully laid out in the statutes, is not in derogation of the Sheriff’s constitutional independence, which the plain words selected by the Legislature also preserve. See § 30.53....

...Commissioners the duty and responsibility to oversee the budgets of all departments, agencies, and offices coming under its control - 20 - for budget purposes.”). The Sheriff’s spending authority, as given specific force in section 30.53, is authority to make funding decisions about matters that, in budgetary parlance, are subobjects: “the purchase of supplies and equipment, selection of personnel, and the hiring, firing, and setting of salaries of such personnel.” § 30.53; see also UASM at 131-141.11 Another structural clue appears in section 30.49....

...while requiring the sheriff to provide prospective information about projected object-level—but not subobject-level—expenditures. It is, in other words, a specific degree of budgetary independence that the Legislature has afforded the Sheriff. While section 30.53 states that “[t]he 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,” it does not exempt sheriffs from the provisions of section 129 altogether, although it of course might have. We therefore read section 30.53 in harmony with its neighboring provisions, and with chapter 129, the purposeful and precise choices of which would have little force if we understood those - 22 - provisions to give the Sheriff the budgetary authority he claims here....

...Const.), and it is declared legislative policy to preserve the independence of sheriffs, as constitutional officials, concerning the purchase of supplies and equipment and the selection, employment, discharge, and compensation of personnel. (Fla. Stat. 30.53 )." [See] 29A Fla....

...." 1 The Supreme Court of Florida has stated that: "We find the internal operation of the sheriff's office and the allocation of appropriated monies within the six items of the budget is a function which belongs uniquely to the sheriff as the chief law enforcement officer of the county." 2 Further, section 30.53 , Florida Statutes, specifically provides that "[t]he independence of the sheriff shall be preserved concerning the purchase of supplies and equipment, selection of personnel, and the hiring, firing, and setting of salaries of such personnel ....

setting of salaries of such personnel.” Id. at § 30.53. This independence extends to sheriffs acting in

...cation of the action. The board, however, may not impose a penalty more harsh than that which was the basis for the appeal. The act states that "[t]he decision of the board shall be final and binding on the appellant and the sheriff." 2 (e.s.) While section 30.53 , Florida Statutes, preserves the independence of the sheriff in the selection of personnel and the hiring, firing, and setting of salaries of such personnel, it provides that "nothing herein contained shall restrict the establishment o...

...lected or appointed by the Governor.'" In Ison the court held that, Ison, a Deputy Sheriff in Brevard County, could not be dismissed without being provided with due process in the form of a hearing. Id. at 436. Upon further review of Florida Statute § 30.53, additional case law, and Special Law 89-508, the Court now finds cause to reconsider whether Plaintiffs have a property interest in their employment as Deputy Sheriffs in Charlotte County....

...and retention of his deputy sheriffs. Stough v. Gallagher, 967 F.2d 1523, 1530 (11th Cir. *231 1992) (citing Tanner v. McCall, 625 F.2d 1183, 1186 (5th Cir.1980), cert. denied, 451 U.S. 907, 101 S.Ct. 1975, 68 L.Ed.2d 295). In fact, Florida Statute § 30.53 specifically grants sheriffs independence in the hiring and firing of personnel. The Statute provides in pertinent part: "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." Fla.Stat. 30.53 (1991)....

...459 So.2d 1042 (Fla.1984); Szell v. Lamar, 414 So.2d 276, 277-78 (Fla. 5th DCA 1982). In an attempt to determine what is necessary to defeat the presumption of independence of the Sheriff clearly established by the Florida Legislature in Florida Statute § 30.53, the Court reviews the decision of the 5th District Court of Appeals in McRae v....

...3 1993); Kelly v. Gill, 544 So.2d 1162 (Fla. 5th DCA 1989).) However, the McRae analysis does not stop there, but recognizes an exception. An exception can arise if the legislature, by general or special law, creates a career service system pursuant to § 30.53....