HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 1595 Law Enforcement Operations
SPONSOR(S): State Affairs Committee, Judiciary Committee, Local Administration, Federal Affairs & Special
Districts Subcommittee, Yarkosky, Fernandez-Barquin and others
TIED BILLS: IDEN./SIM. BILLS: SB 1588
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special 18 Y, 0 N, As CS Mwakyanjala Darden
Districts Subcommittee
2) Judiciary Committee 23 Y, 1 N, As CS Padgett Kramer
3) State Affairs Committee 17 Y, 3 N, As CS Mwakyanjala Williamson
SUMMARY ANALYSIS
The Florida Constitution provides that each county shall have a sheriff elected by the electors of the county to
a four-year term. As of January 5, 2021, for all counties except Broward and Miami-Dade, a county charter
may not abolish the office of sheriff or provide an alternative method for selecting the sheriff. This provision
applies to all counties effective January 7, 2025. Sheriffs are given an extensive list of duties under s. 30.15,
F.S., but currently the jurisdictional powers of the sheriff are not codified.
Section 166.241, F.S., provides a budget appeal process by which specified persons may challenge funding
reductions in a municipal law enforcement agency’s budget. If a municipality’s tentative budget contains a
funding reduction to the operating budget of the municipal law enforcement agency, the state attorney for the
judicial circuit in which the municipality is located or a member of the governing body of the municipality who
objects to the funding reduction may appeal by petition to the Administration Commission, comprised of the
Governor and members of the Cabinet, within 30 days after the day the tentative budget is posted on the
municipality’s website. The Administration Commission conducts a hearing on the reduction and may approve
the budget adopted by the governing body of the municipality, or may amend or modify each separate item
within the operating budget of the municipal law enforcement agency.
The bill amends s. 30.15, F.S., to codify the jurisdictional powers of the sheriff, to clarify that the sheriff has
exclusive policing jurisdiction in the unincorporated areas of each county and concurrent jurisdiction with
municipal or special district law enforcement agencies in the jurisdictions of those agencies.
The bill creates s. 125.01015, F.S., providing for the transfer of policing responsibility and authority to the
sheriff in counties that do not currently have an elected sheriff.
The bill amends s. 166.241, F.S., to revise the budget appeal process to challenge funding reductions in a
municipal law enforcement agency’s budget to only allow a challenge if the reduction is more than 5 percent of
the prior year’s budget; transfer the appeals process from the Administration Commission to the Division of
Administrative Hearings; require that a copy of a petition be given to the affected municipality; and provide time
limitations for the filing of a petition, the petition hearing, and the issuance of a final order on the petition. The
bill provides guidance for administrative law judges (ALJ) in considering petitions, and requires that the ALJ’s
final order be based on whether the proposed reduction in the law enforcement budget will impair a law
enforcement agency’s ability to ensure public safety. Under the bill, the ALJ’s final order is appealable pursuant
to s. 120.68, F.S., and such an appeal must be sought in the First District Court of Appeal.
The bill could have an indeterminate fiscal impact on state and local governments. See II. Fiscal Analysis &
Economic Impact Statement for further details.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
County Constitutional Officers
The Florida Constitution requires the Legislature to divide the state into counties. 1 Statutes divide the
state into 67 counties, establishing their boundaries by providing the exact legal description of each
county.2 The Florida Constitution recognizes two types of county governments: those operating under a
county charter and those without a charter.3 Non-charter county governments may exercise those
powers of self-government that are provided by general or special law. 4 Counties operating under a
county charter have all powers of self-government not inconsistent with general law or special law
approved by the vote of the electors.5
The electors of each county elect county constitutional officers (the sheriff, tax collector, property
appraiser, supervisor of elections, and clerk of the circuit court) to a four-year term.6 Before 2018, a
county charter could provide an alternative method of selecting county constitutional officers or abolish
those offices, as long as the duties of the office prescribed by general law were transferred to another
office.7 During the 2018 general election, voters approved Amendment 10, requiring all county
constitutional officers to be elected to a four-term year and prohibiting the transfer of those duties to
another office.8 Most counties were required to comply with this requirement by January 5, 2021, while
Broward and Miami-Dade Counties were given until January 7, 2025. 9
Office of the Sheriff
There are currently 66 elected sheriffs in Florida’s 67 counties. 10 Section 30.15, F.S., provides the
duties and powers of sheriffs, including:
Executing all process of the Supreme Court, circuit courts, county courts, and boards of county
commissioners of this state, to be executed in their counties;
Executing such other writs, processes, warrants, and other papers directed to them, as may
come to their hands to be executed in their counties;
Attending all sessions of the circuit court and county court held in their counties ;
Executing all orders of the boards of county commissioners of their counties;
Being conservators of the peace in their counties; and
Suppressing tumults, riots, and unlawful assemblies in their counties with force and strong hand
when necessary.11
Current law does not provide an explicit statement of the sheriff’s jurisdictional powers.
1 Art. VIII, s. 1(a), Fla. Const.
2 See ch. 7, F.S.
3 Art. VIII, ss. 1(f), (g), Fla. Const.
4 Art. VIII, s. 1(f), Fla. Const.
5
Art. VIII, s. 1(g), Fla. Const.
6 Art. VIII, s. 1(d), Fla. Const.
7 Art. VIII, s. 1(d), Fla. Const. (2018).
8 See art. VIII, s. 1(d), Fla. Const.
9 Art. VIII, s. 6(g), Fla. Const.
10 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. Currently, Miami-Dade Police Department Director Alfredo Ramirez III serves in the appointed position. Additionally, the Miami-
Dade Police Department currently “provides basic police services throughout the unincorporated area of Miami -Dade County, Miami
Lakes, Palmetto Bay and Cutler Bay,” and its “specialized patrol teams include the airport, seaport, marine, motorcycle, bomb disposal
and SWAT.” Miami-Dade County, Miami-Dade Police Department, https://www.miamidade.gov/global/police/home.page (last visited
Apr. 11, 2023).
11 S. 30.15(1), F.S.
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Municipal Law Enforcement Budget Appeal Procedure
A municipality is required to adopt a budget each fiscal year. 12 As part of the budget process, a
municipality is required to post a tentative budget to the municipality’s official website prior to a formal
hearing adopting the final budget.13 Typically, the municipal police chief is appointed or hired by a city
official or officials (mayor, city manager, city commission) and law enforcement funding is determined
by the municipal governing body.
Current law provides a budget appeal process by which specified persons may challenge funding
reductions in a municipal law enforcement agency’s budget. 14 If a municipality’s tentative budget
contains a funding reduction to the operating budget of the municipal law enforcement agency, the
state attorney for the judicial circuit in which the municipality is located or a member of the governing
body of the municipality who objects to the funding reduction may appeal by petition to the
Administration Commission within 30 days after the day the tentative budget is posted on the
municipality’s website.15
The petition is filed with the Executive Office of the Governor (EOG), with copies served upon the
governing body of the municipality or to the clerk of the circuit court of the county in which the
municipality is located.16 Upon receipt of a copy of the petition, the governing body of the municipality
has five working days to file a reply with EOG and serve the petitioner with a copy.
The EOG conducts a budget hearing upon receipt of the petition and submits a report of its findings
and recommendations to the Administration Commission.17 Within 30 days of receipt of the report, the
Administration Commission may approve the budget adopted by the governing body of the municipality,
or may amend or modify each separate item within the operating budget of the municipal law
enforcement agency. The budget, as approved, amended, or modified by the Administration
Commission is final.
Administrative Law Judges
Administrative law judges (ALJs) preside over disputes arising under the Administrative Procedure
Act18 and other state laws in which the substantial interests of a person are determined by an agency 19
which involve a disputed issue of material fact.20 When a state agency proposes to take some action
that is adverse to a person, the affected person is normally entitled to request an administrative hearing
to determine the matter.21
12 S. 166.241(1) and (2), F.S.
13 S. 166.241(3), F.S.
14
S. 166.241(4), F.S.
15 S. 166.241(4)(a), F.S. The Administration Commission consists of the Governor and Cabinet. S. 14.202, F.S.
16 S. 166.241(4)(a), F.S.
17
S. 166.241(5), F.S.
18 Ch. 120, F.S.
19
The term “agency” means the following officers or governmental entities if acting pursuant to powers other than those derived from
the Constitution:
The Governor; each state officer and state department, and each departmental unit described in s. 20.04, F .S.; the Board of Governors
of the State University System; the Commission on Ethics; the Fish and Wildlife Conservation Commission; a regional water sup ply
authority; a regional planning agency; a multicounty special district, but only if a majority of its governing board is comprised of
nonelected persons; educational units; and each entity described in chs. 163, 373, 380, and 582, F.S., and s. 186.504, F.S.
Each officer and governmental entity in the state having statewide jurisdiction or jurisdiction in more than one county.
Each officer and governmental entity in the state having jurisdiction in one county or less than one county, to the extent th ey are
expressly made subject to this chapter by general or special law or existing judicial decisions.
The definition does not include a municipality or legal entity created solely by a municipality; a legal entity or agency created in whole or
in part pursuant to part II of ch. 361, F.S.; a metropolitan planning organization created pursuant to s. 339.175, F.S .; a separate legal or
administrative entity created pursuant to s. 339.175, F.S., of which a metropolitan planning organization is a member; an exp ressway
authority pursuant to ch. 348, F.S., or any transportation authority or commission under ch. 343, F.S., or ch. 349, F.S.; or a legal or
administrative entity created by an interlocal agreement pursuant to s. 163.01(7), F.S., unless any party to such agreement i s otherwise
an agency pursuant to this definition. S. 120.52(1), F.S.
20 S. 120.65(4), F.S.
21 DOAH, Representing Yourself Before the Division of Administrative Hearings, https://www.doah.state.fl.us/ALJ/Represent
Yourself.asp (last visited Apr. 11, 2023).
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Each ALJ is employed by the Division of Administrative Hearings (DOAH) and must have been a
member of The Florida Bar in good standing for the preceding five years. 22 DOAH is administratively
housed under the Department of Management Services (DMS); however, DOAH is not subject to the
control, supervision, or direction of DMS.
Effect of Proposed Changes
Duties of the Sheriff
The bill amends s. 30.15, F.S., to revise the statutory duties of a sheriff by:
Clarifying that each county must have an elected sheriff and prohibiting the transfer of the
sheriff’s duties to another officer or office.
Specifying that the sheriff has exclusive policing jurisdiction in the unincorporated areas of each
county and concurrent jurisdiction with municipal or special district law enforcement agencies in
the jurisdictions of those agencies.
Prohibiting a county board of county commissioners, or other county legislative body, from
maintaining or establishing a police department or other policing entity in unincorporated areas
of the county.
Providing that, unless otherwise authorized by state law, only the duly elected sheriff may
provide such policing and police functions in the unincorporated areas of any county; and
Prohibiting a county from contracting with or engaging in any manner with a municipal or special
district law enforcement agency to provide any services provided by the sheriff, including
policing or police functions, in the unincorporated areas of any county.
The bill provides that these duties do not inhibit the jurisdiction of any state or federal law enforcement
agency and do not prohibit a sheriff from entering into mutual aid agreements with other law
enforcement agencies.
Elected Sheriff
The bill creates s. 125.01015, F.S., codifying the constitutional requirement that each county have an
elected sheriff and providing for the one-time transition from an appointed sheriff to an elected sheriff
for a county as defined in s. 125.011(1), F.S.23 The bill requires the board of county commissioners
(Board) to ensure the transfer of policing responsibility and authority to the sheriff in areas of the county
in which the sheriff has jurisdictional responsibility. In order to ensure the transfer of exclusive policing
responsibility and authority to the sheriff, the Board must:
Prior to the election of the sheriff:
o Develop and approve a budget for the sheriff for the fiscal year in which the election of
the sheriff will be held and the sheriff will take office.
o Conduct an inventory and audit of all assets, and any associated liabilities, of county
departments that perform any function performed or administered by the elected sheriff,
and determine which of those assets and liabilities will be transferred to the office of the
sheriff. The inventory and audit must be completed before the county adopts its budget
for the fiscal year in which the sheriff will take office.
o Provide funding in the budget approved by the county for the fiscal year in which the
sheriff will take office to purchase all basic necessary operating equipment.
After the election of the sheriff is certified:
o Provide funding for all necessary staff and office space for the sheriff-elect.
o Provide funding for the sheriff-elect to select any necessary insurance not provided by
the county.
o Provide funding for the establishment of bank and other accounts.
22 S. 120.65(4), F.S.
23 Section 125.011(1), F.S., defines “county” to mean any county operating u nder a home rule charter adopted pursuant to ss. 10, 11,
and 24, Art. VIII of the Constitution of 1885, as preserved by Art. VIII, s. 6(e) of the Constitution of 1968, which county, by resolution of
its board of county commissioners, elects to exercise the powers herein conferred. The term does not include board of county
commissioners of such county.
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o Provide funding for and facilitate procurement of required surety bonds for deputy
sheriffs pursuant to s. 30.09, F.S.24
o Prepare and deliver to the office of the sheriff all documents, property, and items that the
sheriff must take receipt or possession of as required by law.
o Provide the sheriff-elect