Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1588
       
       
       
       
       
       
                                Ì793902'Î793902                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2023           .                                
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       The Committee on Rules (Burgess) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (5) is added to section 30.15,
    6  Florida Statutes, to read:
    7         30.15 Powers, duties, and obligations.—
    8         (5)As required by s. 1(d), Art. VIII of the State
    9  Constitution, there shall be an elected sheriff in each county,
   10  and the transfer of the sheriff’s duties to another officer or
   11  office is prohibited.
   12         (a)Unless otherwise authorized under state law, the
   13  sheriff shall have exclusive policing jurisdiction in the
   14  unincorporated areas of each county. The sheriff’s jurisdiction
   15  and powers must run throughout the entire county regardless of
   16  whether there are incorporated cities or other independent
   17  districts or governmental entities in the county. The sheriff’s
   18  jurisdiction is concurrent with any city, district, or other law
   19  enforcement agency that has jurisdiction in a city or district.
   20         (b)A police department or other policing entity may not be
   21  maintained or established by the county’s board of county
   22  commissioners, or any other county legislative body, to provide
   23  any policing in the unincorporated areas of any county. Unless
   24  otherwise authorized under state law, only the duly elected
   25  sheriff may provide such policing and police functions in the
   26  unincorporated areas of any county. A county may not contract
   27  with or engage in any manner with an incorporated city’s or
   28  district’s police department to provide any services provided by
   29  the sheriff, including policing or police functions in the
   30  unincorporated areas of any county. Nothing in this paragraph
   31  affects the jurisdiction or powers of any agency of this state
   32  or the United States or prohibits mutual aid agreements between
   33  the sheriff and any other police department.
   34         Section 2. Section 125.01015, Florida Statutes, is created
   35  to read:
   36         125.01015 Office of sheriff.—
   37         (1)As required by s. 1(d), Art. VIII of the State
   38  Constitution, there shall be an elected sheriff in each county.
   39  Notwithstanding anything in this section to the contrary, a
   40  county as defined in s. 125.011(1) shall, as required by s.
   41  6(g), Art. VIII of the State Constitution, elect a sheriff, and
   42  the board of county commissioners of any such county shall
   43  ensure a successful transfer of the exclusive policing
   44  responsibility and authority to the sheriff in areas of such
   45  county for which the sheriff has responsibility.
   46         (2)To ensure successful transfer of exclusive policing
   47  responsibility to the sheriff in a county as defined in s.
   48  125.011(1), the board of county commissioners of such county
   49  shall:
   50         (a)Before the election of the sheriff, do all of the
   51  following:
   52         1.Develop and approve a budget for the office of the
   53  sheriff for the county fiscal year in which the election will
   54  occur and the sheriff will take office which adequately funds
   55  the office of the sheriff so that the sheriff may properly
   56  perform all of his or her duties upon taking office. The budget
   57  must be consistent with the requirements of s. 30.49. The budget
   58  for the fiscal year in which the sheriff-elect will take office
   59  must consider the sheriff’s initial budget requirements as
   60  mitigated by the transfer of assets from existing county
   61  departments to the office of the sheriff.
   62         2.To mitigate initial funding requirements and eliminate
   63  duplicate funding, conduct an inventory and audit of all assets,
   64  and their associated liabilities, of any county department that
   65  now performs any function that will be performed or administered
   66  by the elected sheriff. Based on the inventory and audit, the
   67  county shall determine which of those assets, and their
   68  associated liabilities, must be transferred to the office of the
   69  sheriff upon the sheriff-elect taking office. The inventory and
   70  audit must be completed before the county adopts its budget for
   71  the budget year in which the sheriff will take office. The
   72  inventory and audit must be published on the county’s website at
   73  least 60 days prior to the county adopting its budget for the
   74  fiscal year in which the sheriff will take office. The budget
   75  approved by the county for the fiscal year in which the sheriff
   76  will take office must provide funding to purchase all basic
   77  necessary operating equipment, including, but not limited to,
   78  furniture, fixtures and equipment, and information technology
   79  hardware and software, which is not specifically designated for
   80  transfer from the county to the office of the sheriff based on
   81  the inventory required in this subparagraph or otherwise
   82  provided to the new office of the sheriff by the county through
   83  an interlocal agreement as described in sub-subparagraph (b)6.d.
   84         (b)After the election of the sheriff is certified, do all
   85  of the following:
   86         1.Provide funding for all of the necessary staff and
   87  office space for the sheriff-elect to establish an independent
   88  office of the sheriff, to allow the office to effectively
   89  operate and perform all of the functions required by general law
   90  on the date he or she takes office.
   91         2.Provide funding for the sheriff-elect to purchase any
   92  necessary insurance not provided by the county through the
   93  interlocal agreement required under sub-subparagraph 6.d., to
   94  allow the sheriff to effectively operate and perform all of the
   95  functions required by general law on the date that he or she
   96  takes office.
   97         3.Provide funding for the sheriff-elect to establish bank
   98  and other accounts, as necessary, in his or her official
   99  capacity as sheriff, so that such accounts may become
  100  operational upon his or her taking office.
  101         4.Unless otherwise transferable based on existing surety
  102  bonds for the sheriff’s deputies, provide funding for and
  103  facilitate procurement of the required surety bonds for deputy
  104  sheriffs pursuant to s. 30.09, so that such bonds are in place
  105  upon the sheriff-elect taking office.
  106         5.Prepare and deliver to the office of the sheriff all
  107  documents, property, or other items listed in subsection (4).
  108         6.Notwithstanding anything in this section to the
  109  contrary, for a term commencing January 7, 2025, and ending no
  110  sooner than September 30, 2028, provide that a sheriff taking
  111  office, and the sheriff of such county shall use, at least
  112  substantially and materially the same support services,
  113  facilities, office space, and information technology
  114  infrastructure that such county, during the 1-year period
  115  immediately preceding the sheriff taking office, provided to any
  116  of its offices or county departments that performed duties to be
  117  performed by the sheriff upon taking office.
  118         a.As used in this subparagraph, the term “support
  119  services includes:
  120         (I)Property and facilities and the management and
  121  maintenance of such property and facilities;
  122         (II)Communications infrastructure, including telephone and
  123  Internet connectivity;
  124         (III)Risk management, to include processing, adjusting,
  125  and payment of all claims and demands, including those made
  126  under s. 768.28. The board of county commissioners shall provide
  127  the sheriff with all required general liability, property, and
  128  other insurance coverage either through its self-insurance
  129  program, a self-insurance risk pool, or commercial insurance. If
  130  the county provides insurance through a self-insurance program,
  131  it must also provide the sheriff with commercial stop-loss
  132  coverage at an amount and with a self-insured retention agreed
  133  upon by the sheriff and the county;
  134         (IV)Legal representation and advice through the county
  135  attorney’s office for all claims, demands, and causes of action
  136  brought against the sheriff, his or her deputies, or other
  137  personnel in their official and individual capacities, while
  138  acting in their official capacities, including any required
  139  outside counsel due to representation conflicts. This section
  140  does not prohibit the sheriff from employing or retaining his or
  141  her own legal representation as the sheriff deems necessary;
  142         (V)Purchasing and procurement services using procedures
  143  under the laws and ordinances applicable to the county for
  144  purchases requiring competitive procurement;
  145         (VI)Budget and fiscal software and budget development
  146  services;
  147         (VII)Human resource services, including, but not limited
  148  to, employee applicant screening, applicant background checks,
  149  facilitation of the hiring process, and employee benefit
  150  administration. The county provides human resources services to
  151  the sheriff, but the sheriff is the employer of his or her
  152  employees and the sheriff retains full and complete control over
  153  his or her employees’ hiring and terms and conditions of
  154  employment, including employee discipline and termination of
  155  employment. The provision of human resource services by the
  156  county to the sheriff does not create a joint-employer
  157  relationship. The sheriff’s employees remain members of the
  158  county’s health insurance and workers’ compensation plans for at
  159  least the term set forth in this subparagraph; and
  160         (VIII)Fleet management, including procurement of all
  161  vehicles and other mobile assets, such as boats and aircraft,
  162  and all vehicle repair and maintenance.
  163         b.At a minimum, the information technology infrastructure
  164  provided by the county to the sheriff under this subsection must
  165  include all hardware, including computers; budget and fiscal
  166  software, including payroll and purchasing software; and
  167  computer-aided dispatch.
  168         c.Under a cost allocation plan agreed to by the county and
  169  the sheriff, the sheriff shall pay the county for such support
  170  services and information technology infrastructure from his or
  171  her general fund budget, except for any support services and
  172  information technology infrastructure costs that state law
  173  otherwise and expressly requires the county to fund outside the
  174  sheriff’s budget.
  175         d.To satisfy compliance with this subsection and to
  176  establish the office of sheriff in a manner that minimizes
  177  unnecessary financial expenditures, the county and the sheriff
  178  shall execute an interlocal cooperation agreement addressing the
  179  requirements of this subsection and other expenditures,
  180  including an appropriate phase-in period for identification of
  181  sheriff’s assets with sheriff’s markings to minimize cost to
  182  taxpayers. The interlocal cooperation agreement must have a term
  183  that ends no earlier than September 30, 2028, and may be
  184  amended, renewed, extended, or adopted at any time following the
  185  expiration or termination thereof for any additional time
  186  periods that a county and the sheriff agree upon. After the
  187  initial period ending no sooner than September 30, 2028, any new
  188  or continuing voluntary interlocal cooperation agreement between
  189  the county and the sheriff may provide for the same or different
  190  requirements than those set forth in this subsection.
  191         (3)After the election is certified and before taking
  192  office, the sheriff-elect shall:
  193         (a)Select staff to assist the sheriff-elect in
  194  establishing an independent office of the sheriff.
  195         (b)Retain independence in the selection and hiring of
  196  personnel. All personnel hired by the sheriff are employees of
  197  the sheriff and not the county. The sheriff retains all control
  198  over the terms and conditions of all his or her employees,
  199  including procedures regarding employment, setting of salaries,
  200  and termination of such personnel. However, the sheriff shall
  201  use county human resource services for the period of time
  202  established in the interlocal agreement entered into between the
  203  county and the sheriff as described in sub-subparagraph
  204  (2)(b)6.d.
  205         (c)Establish bank and other accounts, as necessary, in his
  206  or her official capacity as sheriff, to allow such accounts to
  207  become operational upon his or her taking office.
  208         (d)Obtain all necessary insurance or establish self
  209  insurance, to take effect upon the sheriff taking office, unless
  210  the county is providing such insurance under the interlocal
  211  agreement described in sub-subparagraph (2)(b)6.d.
  212         (e)Evaluate the budget and transfer of equipment as
  213  described in this section to determine whether the operating,
  214  capital, and personnel services budget is sufficient for the
  215  sheriff to operate and fulfill his or her constitutional and
  216  statutory responsibilities.
  217         (f)Provide written notice of any funding deficiencies to
  218  the board of county commissioners, which must respond and reach
  219  an agreement with the sheriff-elect on funding requirements
  220  within 30 days after such notice. If, after expiration of the
  221  30-day period, an agreement has not been reached, the sheriff
  222  elect may file an appeal by petition to the Administration
  223  Commission pursuant to s. 30.49(4)(a). The Administration
  224  Commission shall expedite its review and determination of such
  225  petition and render a decision within 90 days after it is filed.
  226         (4)The sheriff, upon taking office, shall take receipt or
  227  possession of any of the following:
  228         (a)Unexecuted writs and court processes, and shall comply
  229  with s. 30.14(3) as to any levy made before taking receipt of
  230  such unexecuted writs and court processes.
  231         (b)Property confiscated under the Florida Contraband
  232  Forfeiture Act established in s. 932.701, and the sheriff shall
  233  determine whether to pursue the forfeiture proceedings pursuant
  234  to s. 932.704.
  235         (c)Records, papers, documents, or other writings,
  236  including those concerning open investigations, necessary for
  237  the sheriff to perform his or her required duties.
  238         (d)Property held in evidence by any county department
  239  relating to a case that is under the jurisdiction of the office
  240  of the sheriff.
  241         (5)In any county as defined in s. 125.011(1), which is
  242  required to elect a sheriff under s. 6(g), Art. VIII of the
  243  State Constitution, and when the county provides contracted
  244  police services to any municipality in that county prior to the
  245  elected sheriff taking office, the sheriff shall, for a minimum
  246  of 3 years from the time he or she takes office, continue to
  247  provide police services to that municipality by doing any of the
  248  following:
  249         (a) Assuming the contract in place between the county and
  250  the municipality at the time the sheriff takes office.
  251         (b) Negotiating a new contract with the municipality.
  252         (c) Otherwise providing policing services to the
  253  municipality at the same level that the municipality received
  254  policing services from the county during the 1-year period prior
  255  to the sheriff taking office.
  256  
  257  This subsection does not prevent a municipality from
  258  establishing its own police department or otherwise providing
  259  for police services as allowed by law before expiration of the
  260  3-year period established in this subsection.
  261         (6)If any provision of this section or its application to
  262  any person or circumstance is held invalid, the invalidity does
  263  not affect any other provisions or applications of this section
  264  which can be given effect without the invalid provision or
  265  application, and to this end the provisions of this section are
  266  severable.
  267         Section 3. Present subsections (6), (7), and (8) of section
  268  166.241, Florida Statutes, are redesignated as subsections (7),
  269  (8), and (9), respectively, a new subsection (6) is added to
  270  that section, and subsections (4) and (5) and present subsection
  271  (8) of that section are amended, to read:
  272         166.241 Fiscal years, budgets, appeal of municipal law
  273  enforcement agency budget, and budget amendments.—
  274         (4)(a) If the tentative budget of a municipality contains a
  275  funding reduction to the operating budget of the municipal law
  276  enforcement agency of more than 5 percent compared to the
  277  current fiscal year’s approved operating budget, the state
  278  attorney for the judicial circuit in which the municipality is
  279  located, or a member of the governing body who objects to the
  280  funding reduction, may file a petition with an appeal by
  281  petition to the Division of Administrative Hearings pursuant to
  282  s. 120.569 requesting a hearing to challenge the reduction in
  283  the municipal law enforcement agency’s proposed operating
  284  budget. The petition must be filed with the division
  285  Administration Commission within 10 30 days after the day the
  286  tentative budget is posted to the official website of the
  287  municipality under subsection (3) and the petitioner must serve
  288  a copy of the petition on the affected municipality. The
  289  petition must set forth the tentative budget proposed by the
  290  municipality and, in the form and manner prescribed by the
  291  Executive Office of the Governor and approved by the
  292  Administration Commission, the operating budget of the municipal
  293  law enforcement agency as approved by the municipality for the
  294  previous year, and must state the reasons or grounds for the
  295  petition appeal. The petition shall be filed with the Executive
  296  Office of the Governor and a copy served upon the governing body
  297  of the municipality or to the clerk of the circuit court of the
  298  county in which the municipality is located.
  299         (b) The governing body of the municipality must file an
  300  answer with the division and must serve a copy of the answer on
  301  the petitioner within has 5 working days, excluding Saturdays,
  302  Sundays, and legal holidays, after receipt of service of a copy
  303  of the petition to file a reply with the Executive Office of the
  304  Governor and shall serve a copy of such reply to the petitioner.
  305         (5)(a) Upon receipt of the petition, the division must
  306  assign an administrative law judge to conduct Executive Office
  307  of the Governor shall provide for a budget hearing no later than
  308  20 days after the petition is filed, at which the matters
  309  presented in the petition and the answer must reply shall be
  310  considered. Notwithstanding s. 120.57, all proceedings under
  311  this subsection shall be conducted by an administrative law
  312  judge assigned by the division A report of the findings and
  313  recommendations of the Executive Office of the Governor thereon
  314  shall be promptly submitted to the Administration Commission,
  315  which, within 30 days, shall approve the action of the governing
  316  body of the municipality or amend or modify the budget as to
  317  each separate item within the operating budget of the municipal
  318  law enforcement agency. The budget as approved, amended, or
  319  modified by the Administration Commission shall be final.
  320         (b)At the hearing, the petitioner and the municipality may
  321  present all information relevant to the municipal law
  322  enforcement agency’s budgetary needs and requirements,
  323  including, but not limited to:
  324         1.The proposed operating budget approved by the
  325  municipality;
  326         2.The municipality’s grounds for proposing a reduction in
  327  funding to the current fiscal year’s law enforcement operating
  328  budget;
  329         3.The petitioner’s grounds for challenging the proposed
  330  reduction in funding to the law enforcement operating budget;
  331         4.The operating budgets of other public entities in the
  332  municipality;
  333         5.The operating budgets of other law enforcement agencies
  334  in municipalities that are of comparable size;
  335         6.The municipal law enforcement agency’s staffing needs
  336  and budgetary requirements for the current fiscal year and the 2
  337  previous fiscal years;
  338         7.The draft municipal law enforcement agency operating
  339  budget, budget amendments, and budget meeting minutes from the
  340  current fiscal year and the 2 previous fiscal years;
  341         8.The revenue and projected revenue available to the
  342  municipality and any change in the amount of revenue collected
  343  over the previous 3 fiscal years; and
  344         9.Any other information relevant to the municipal law
  345  enforcement agency’s operating budget.
  346         (6)(a)Within 15 days after the hearing, the administrative
  347  law judge must issue a final order either approving or rejecting
  348  the proposed operating budget for the municipal law enforcement
  349  agency by determining whether the proposed reduction will impair
  350  the law enforcement agency’s overall ability to ensure public
  351  safety. In making the determination, the administrative law
  352  judge must make findings regarding whether the funding reduction
  353  in the proposed operating budget of the municipal law
  354  enforcement agency will result in:
  355         1.A reduction of the number of law enforcement officers
  356  employed by the municipality;
  357         2.A reduction or an elimination of public safety programs
  358  or initiatives provided by the agency; or
  359         3.A lack of appropriate equipment necessary to ensure
  360  officer safety.
  361         (b)The administrative law judge’s final order is
  362  appealable pursuant to s. 120.68, and any such judicial review
  363  must be sought in the First District Court of Appeal.
  364         (9)(8) If the governing body of a municipality amends the
  365  budget pursuant to paragraph (8)(c) (7)(c), the adopted
  366  amendment must be posted on the official website of the
  367  municipality within 5 days after adoption and must remain on the
  368  website for at least 2 years. If the municipality does not
  369  operate an official website, the municipality must, within a
  370  reasonable period of time as established by the county or
  371  counties in which the municipality is located, transmit the
  372  adopted amendment to the manager or administrator of such county
  373  or counties who shall post the adopted amendment on the county’s
  374  website.
  375         Section 4. This act shall take effect upon becoming a law.
  376  
  377  ================= T I T L E  A M E N D M E N T ================
  378  And the title is amended as follows:
  379         Delete everything before the enacting clause
  380  and insert:
  381                        A bill to be entitled                      
  382         An act relating to law enforcement operations;
  383         amending s. 30.15, F.S.; revising the powers, duties,
  384         and obligations of a sheriff; creating s. 125.01015,
  385         F.S.; requiring that there be an elected sheriff in
  386         each county; requiring that certain counties elect a
  387         sheriff and that the board of commissioners of such
  388         counties ensure a successful transfer of certain
  389         responsibility and authority to the sheriff in areas
  390         of the county for which the sheriff has
  391         responsibility; providing requirements for the board
  392         of county commissioners regarding transfer of certain
  393         responsibility and authority to the sheriff; defining
  394         the term “support services”; providing requirements of
  395         the sheriff-elect after the election is certified and
  396         before he or she takes office; providing requirements
  397         for a sheriff-elect before, and a sheriff upon, taking
  398         office; requiring the sheriff, upon taking office, to
  399         take receipt of certain items and property; requiring
  400         the sheriff to provide contracted police services for
  401         certain municipalities for a specified timeframe;
  402         requiring the sheriff and certain municipalities to
  403         enter into a new contract or to provide certain
  404         policing services to the municipality; providing
  405         construction; providing for severability and
  406         applicability; amending s. 166.241, F.S.; authorizing
  407         certain persons to file a petition with the Division
  408         of Administrative Hearings, rather than an appeal by
  409         petition to the Administration Commission, if the
  410         tentative budget of a municipal law enforcement agency
  411         contains a reduction greater than a specified
  412         percentage; providing requirements for such petition
  413         and petitioner; requiring the governing body of the
  414         municipality to file an answer with the division and
  415         serve a copy of such answer on the petitioner within a
  416         certain timeframe; requiring the division to assign an
  417         administrative law judge to conduct a hearing on such
  418         petition within a certain timeframe; providing
  419         procedures for such hearings; requiring the
  420         administrative law judge to make a specified
  421         determination and issue a final order within a certain
  422         timeframe; providing requirements for making such
  423         determination; providing that such final order is
  424         appealable; providing requirements for such appeal;
  425         providing an effective date.