The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 1704
INTRODUCER: Rules Committee; Community Affairs Committee; and Senator Yarborough
SUBJECT: Sheriffs in Consolidated Governments
DATE: February 15, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hackett Ryon CA Fav/CS
2. Hackett Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1704 provides that two statutes, the first of which permits a sheriff to transfer funds
between categories and code levels after their budget has been approved, and the second of
which retains the independence of the Sheriff in certain personnel and procurement decisions,
apply to the Sheriff of a consolidated government.
The bill takes effect July 1, 2024.
II. Present Situation:
Sheriff’s Budgets
Each sheriff governed by section 301 of the Florida Statutes must annually prepare and submit to
the board of county commissioners a proposed budget for carrying out the powers, duties, and
operations of the office for the next fiscal year.2 The sheriff must submit a sworn certificate
along with the proposed budget stating that the proposed expenditures are reasonable and
necessary for the proper and efficient operation of the office for the next fiscal year.3
The proposed budget must show the estimated amounts of all proposed expenditures for
operating and equipping the sheriff’s office and jail, and must be categorized at the appropriate
1 Elaborated upon further below. See “Chapter 30 Sheriffs”.
2
Section 30.49, F.S.
3
Section 30.49(2)(b), F.S.
BILL: CS/CS/SB 1704 Page 2
fund and functional level.4 The fund or functional level is the broadest category within the
sheriff’s budget (includes general law enforcement, corrections and detention alternative
facilities, court services). Within the appropriate fund and functional category, expenditures are
further itemized into objects, which include:5
Personnel services;
Operating expenses;
Capital outlay;
Debt service;
Grants and aides; and
Other uses.
If requested by the county, the sheriff must further break down expenses into the subobject
level.6 The county may not amend, modify, increase, or reduce any expenditure at this subobject
level.7
At a public hearing, the board of county commissioners or the budget commission, as
appropriate, may amend, modify, increase, or reduce any or all items of expenditures in the
proposed budget and must ultimately approve the budget.8 A sheriff may nonetheless transfer
funds between specified categories and code levels after his or her budget is approved.9
Independence of Sheriffs
Current law preserves the independence of Sheriffs governed by Chapter 30 of the Florida
Statutes concerning the purchase of supplies and equipment, selection of personnel, and the
hiring, firing, and setting of salaries of such personnel.10
Chapter 30 Sheriffs
Chapter 30, which provides various powers and duties of sheriffs, defines “sheriff” as “the
constitutional officer elected in accordance with this chapter.”11 The Duval County Sheriff, who
sits as the constitutional officer of sheriff for the consolidated government of Jacksonville and
Duval County, is elected pursuant to the Jacksonville Charter.12 Furthermore, chapter 30
specifically provides that it does not apply to Duval County deputy sheriffs.13
The Jacksonville Charter requires the Sheriff to perform the “duties imposed upon the sheriff of
Duval County by the Constitution or by the general or special laws of Florida.”14 The Sheriff of
4
Section 30.49(2), F.S.
5
Section 30.49(2)(c), F.S.
6
Section 30.49(3), F.S.
7
Id.
8
Section 30.49(4), F.S.
9
Section 30.49(12), F.S.
10
Section 30.53, F.S.
11
Section 30.072(5), F.S.
12
Chapter 67-1320, Laws of Fla.
13
Section 30.071, F.S.
14
Section 8.01, Jacksonville Charter, supra n. 12.
BILL: CS/CS/SB 1704 Page 3
Duval County is therefore subject to Chapter 30’s “duties,” but not its “non-duty” provisions,
such as vehicle, uniform, and badge restrictions.
Any future consolidation of a county and municipality may affect the Sheriff’s duties under
Chapter 30 of the Florida Statutes. Future consolidation would take place using s. 3, Art. VIII of
the State Constitution.
III. Effect of Proposed Changes:
Section 1 amends s. 30.49(12), F.S., to provide that the subsection, which permits a sheriff to
transfer funds between categories and code levels after their budget has been approved, applies
to a sheriff in a consolidated government which is consolidated pursuant to s. 3 or s. 6(e), Art.
VIII of the State Constitution, or s. 9, Art. VIII of the State 7 Constitution of 1885, as preserved
by s. (6)(e), Art. VIII of 8 the State Constitution, e.g. Jacksonville.
Section 2 amends s. 30.53, F.S., which retains the independence of the Sheriff in certain
personnel and procurement decisions, to provide that the section applies to a sheriff in a
consolidated government as above.
Section 3 provides that the act takes effect July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
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B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 30.49 and 30.53 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS by Rules on February 14, 2024:
The committee substitute includes citation to the 1885 constitution to directly reference
the Jacksonville consolidated government, and clarifies that s. 30.53, F.S., preserving the
independence of sheriffs in certain capacities, applies to both the purchase and
procurement of supplies and equipment.
CS by Community Affairs on January 29, 2024:
The committee substitute provides that the two affected sections will apply to a sheriff in
any consolidated government, rather than limited to Duval County.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Statutes affected: S 1704 Filed: 30.49, 30.53
S 1704 c1: 30.49, 30.53
S 1704 c2: 30.49, 30.53
S 1704 er: 30.49, 30.53