HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1447 Independence of Sheriffs
SPONSOR(S): State Affairs Committee, Local Administration, Federal Affairs & Special Districts
Subcommittee, Duggan
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1704
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special 15 Y, 0 N, As CS Mwakyanjala Darden
Districts Subcommittee
2) Judiciary Committee 19 Y, 0 N Yeager Kramer
3) State Affairs Committee 13 Y, 3 N, As CS Mwakyanjala Williamson
SUMMARY ANALYSIS
The Florida Constitution permits the government of a county and the government of one or more municipalities
to be consolidated into a single government that may exercise any and all powers of the county and the
several municipalities. A consolidation plan may be proposed only by special law, which becomes effective if
approved by vote of the electors of the county, or of the county and municipalities affected, as may be provided
in the plan.
There are currently 66 elected sheriffs in Florida’s 67 counties. Each sheriff must annually prepare and submit
to the board of county commissioners a budget for carrying out the powers, duties, and operations of the office
for the next fiscal year. 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. The proposed budget must contain details concerning the fund and functional categories,
as well as object and subobject code levels. Once the budget is approved by the board of county
commissioners or budget commission, the sheriff may move funds between those categories without the
approval of the board or budget commission.
Current law preserves the independence of sheriffs as a constitutional officer concerning the purchase of
supplies and equipment, selection of personnel, and the hiring, firing, and setting of salaries of such personnel.
The bill specifies that a sheriff in a consolidated government may transfer funds between the fund and
functional categories and object and subobject code levels after the budget has been approved. It authorizes
such a budget to be approved by a city council in addition to the board of county commissioners or budget
commission. The bill provides that the independence of sheriffs concerning the purchase of supplies and
equipment and the management of personnel applies to a sheriff in a consolidated government. It also revises
the provisions concerning the independence of sheriffs to include procurement, which is applicable to all
sheriffs, including sheriffs in a consolidated government.
The bill does not appear to have a fiscal impact on the state or local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 2/21/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Consolidated Governments
The Florida Constitution permits the government of a county and the government of one or more
municipalities to be consolidated into a single government which may exercise any and all powers of
the county and the several municipalities.1 This applies to counties operating under authority as
authorized by the Florida Constitution of 1885.2 For example, following a consolidation referendum held
in 1967, the governments of the city of Jacksonville and Duval County merged on October 1, 1968, to
create the consolidated city of Jacksonville.3 A consolidation plan may be proposed only by special law,
which becomes effective if approved by vote of the electors of the county, or of the county and
municipalities affected, as may be provided in the plan.4
Office of the Sheriff
There are currently 66 elected sheriffs 5 in Florida’s 67 counties.6 Sheriffs, in their respective counties, in
person or by deputy must:
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.
Execute such other writs, processes, warrants, and other papers directed to them, as may come
to their hands to be executed in their counties.
Attend all sessions of the circuit court and county court held in their counties.
Execute all orders of the boards of county commissioners of their counties.
Be conservators of the peace in their counties.
Suppress tumults, riots, and unlawful assemblies in their counties with force and strong hand
when necessary.
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.
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.
Be ex officio timber agents for their counties.
Perform such other duties as may be imposed upon them by law.
Assist district school boards and charter school governing boards in complying with, or private
schools in exercising options in, s. 1006.12, F.S.7
1 Art. VIII, s. 3, Fla. Const. The Florida Constitution defines counties as political subdivisions that may be created abolishe d, or changed
by law, with provision for payment or apportionment of the public debt. A county may operate under its own charter, which is a formal
document granting powers and imposing duties on a specific government. Art. VIII, s. 1(a), Fla. Const. Section 180.01, F.S., defines the
term “municipality” to mean any city, town, or village duly incorporated under the laws of the State.
2 See ss. 9, 10, 11, and 24, Art. VIII of the State Constitution of 1885, as preserved by Art. VIII, s. (6)(e), Fla. Const. Section s 9, 10, 11,
and 24, Art. VIII of the State Constitution of 1885 provide for consolidation and establish home rule authorit y for Duval County, Monroe
County, Miami-Dade County, and Hillsborough County, respectively.
3
Ch. 67-1320, Laws of Fla.; The Jacksonville History Center, Consolidation, https://www.jaxhistory.org/consolidation-
2/#:~:text=A%20consolidation%20referendum%20was%20held,the%20consolidated%20City%20of%20Jacksonville (last visited Feb. 2,
2024).
4 Art. VIII, s. 3, Fla. Const.
5 See s. 30.15, F.S., for the powers, duties, and obligations of sheriffs.
6 The Miami-Dade County Charter abolishes the office of sheriff, transfers its duties and responsibilities to the mayor of Miami -Dade
County, and authorizes the mayor to delegate the functions of the sheriff to a “suitable person or persons.” Miami -Dade County Charter,
s. 9.01. However, Miami-Dade County will have an elected sheriff beginning with the 2024 general election. See Art. VIII, ss. 1(d) and
6(g)(2), Fla Const. (prohibiting a county charter from abolishing the offices of county constitutional officers and providing an effec tive
date of January 7, 2025, with elections held during the 2024 primary and general election, for county officers in Miami -Dade County.).
7 S. 30.15(1), F.S. Section 1006.12, F.S., provides that for the protection and safety of school personnel, property, students, and
visitors, each district school board and school district superintendent must partner with law enforcement agencies or security agencies
to establish or assign one or more safe-school officers at each school facility within the district, including charter schools.
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Current law preserves the independence of sheriffs as a constitutional officer concerning the purchase
of supplies and equipment, selection of personnel, and the hiring, firing, and setting of salaries of such
personnel.8
Sheriff Budgets
Each sheriff must annually prepare and submit to the board of county commissioners a budget for
carrying out the powers, duties, and operations of the office for the next fiscal year. 9 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. 10
The proposed budget must show the estimated amounts of all proposed expenditures for operating and
equipping the sheriff’s office and jail, excluding the cost of construction, repair, or capital improvement
of county buildings during the fiscal year.11 The expenditures must be categorized at the appropriate
fund level in accordance with the following functional categories:
General law enforcement.
Corrections and detention alternative facilities.
Court services, excluding service of process. 12
Within the appropriate fund and functional category, expenditures must be itemized into subobject code
levels in accordance with the uniform accounting system prescribed by the Department of Financial
Services (DFS) as follows:
Personnel services.
Operating expenses.
Capital outlay.
Debt service.
Grants and aids.
Other uses.13
The sheriff must submit to the board of county commissioners for consideration and inclusion in the
county budget, as deemed appropriate by the county, requests for construction, repair, or capital
improvement of county buildings operated or occupied by the sheriff. 14 The sheriff must also submit to
the board of county commissioners or the budget commission, if there is a budget commission in the
county, all relevant and pertinent information concerning expenditures made in previous fiscal years
and proposed expenditures which the board or commission deems necessary, including expenditures
at the subobject code level in accordance with the uniform accounting system prescribed by DFS. 15 The
board or commission may not amend, modify, increase, or reduce any expenditure at the subobject
code level.16
The board of county commissioners or the budget commission, as appropriate, may require the sheriff
to correct mathematical, mechanical, factual, and clerical errors and errors as to form in the proposed
budget.17 The board or commission may amend, modify, increase, or reduce any or all items of
expenditure in the proposed budget as certified by the sheriff at hearings held under s. 200.065, F.S.,
and must approve such budget as amended, modified, increased, or reduced. 18
8 S. 30.53, F.S.
9 S. 30.49(1), F.S.
10 S. 30.49(2)(b), F.S.
11 S. 30.49(2)(a), F.S.
12 Id.
13 S. 30.49(2)(c), F.S.
14 S. 30.49(2)(d), F.S.
15 S. 30.49(3), F.S.
16 Id.
17 S. 30.49(4), F.S.
18 Id.; Section 200.065, F.S., specifies the procedures by which a taxing authority must prepare and consider tentative and final
budgets.
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The sheriff may file an appeal by petition to the Administration Commission. 19 Upon receipt of the
petition, the Executive Office of the Governor must provide for a budget hearing to consider the matters
presented in the petition.20 The budget as approved, amended, or modified by the Administration
Commission is final.21 Once the budget is approved by the board of county commissioners or budget
commission, a sheriff may transfer funds between fund and functional categories and object and
subobject code levels without approval by the board of county commissioners or budget commission.22
Sheriffs in Consolidated Governments
Florida law defines the sheriff as the constitutional officer elected in accordance with ch. 30, F.S., and
specifies that, as required by Art. VIII, s. 1(d) of the Florida Constitution, there must be an elected
sheriff in each Florida county and the transfer of the sheriff’s duties to another officer or office is
prohibited.23
In the consolidated government of the city of Jacksonville and Duval County, the sheriff is elected
pursuant to its charter, which essentially codifies the requirements specified in Art. VIII, s. 1(d) of the
Florida Constitution.24 The charter further 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.” 25 The sheriff of
Duval County is therefore subject to the duties prescribed by Florida law but not its “non-duty”
provisions. Future consolidations of local governments may affect a sheriff’s legally authorized duties.
Currently, a sheriff may transfer funds between the fund and functional and object and subobject code
levels after the budget has been approved by the board of county commissioners or budget
commission; however, this provision does not expressly apply to sheriffs in a consolidated government,
nor does it expressly include budget approval from a city council. 26
Effect of Proposed Changes
The bill specifies that a sheriff in a consolidated government27 may transfer funds between the fund and
functional categories and object and subobject code levels after the budget has been approved. It
authorizes such a budget to be approved by a city council, in addition to the board of county
commissioners or the budget commission.
The bill provides that the independence of sheriffs concerning the purchase of supplies and equipment
and the management of personnel applies to a sheriff in a consolidated government. It also revises
provisions concerning the independence of sheriffs to include procurement, which is applicable to all
sheriffs, including sheriffs in a consolidated government.
B. SECTION DIRECTORY:
Section 1: Amends s. 30.49, F.S., relating to budgets.
Section 2: Amends s. 30.53, F.S., relating to independence of constitutional officials.
Section 3: Provides an effective date of July 1, 2024.
19 S. 30.49(5), F.S.
20 Id.
21 Id.
22 S. 30.49(12), F.S.
23 Ss. 30.072(5) and 30.15(5), F.S.
24 S. 8.02, Charter Laws, Charter of the City of Jacksonville, Fla.
25 Id. at s. 8.01.
26 See s. 30.49, F.S.
27 The bill references that it applies to a sheriff in a government that was consolidated pursuant to s. 3, Art. VIII of the Sta te Constitution
or ss. 9, 10, 11, and 24, Art. VIII of the State Constitution of 1885, as preserved by s. (6)(e), Art. VIII of the State Constitution.
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II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill neither authorizes nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 25, 2024, the Local Administration, Federal Affairs & Special Districts Subcommittee adopted
an amendment and reported the bill favorably as a committee substitute. The amendment clarified that the
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provisions of the bill apply to a sheriff in a government consolidated under both ss. 3 and 6(e) of Art. VIII of
the Florida Constitution.
On February 21, 2024, the State Affairs Committee adopted a proposed committee substitute (PCS) and
reported the bill favorably as a committee substitute. The PCS differed from the bill in that it:
Clarified that sheriffs in a consolidated government located in counties operating under authority as
authorized by the Florida Constitution of 188528 may transfer funds between the fund and functional
categories and object and subobject code levels after the budget has been approved.
Clarified that the independence of sheriffs concerning the purchase of supplies and equipment and
the management of personnel applies to sheriffs in a consolidated government located in counties
operating under authority as authorized by