The Florida Senate

30.09  Qualification of deputies; special deputies.--

(1)  BOND, SURETIES, PERFORMANCE OF SERVICES.--

(a)  Each deputy sheriff, appointed as aforesaid, shall be required to give bond in the penal sum of $1,000, payable to the Governor of Florida and the Governor's successors in office, with two or more good and sufficient sureties, to be approved by the board of county commissioners and filed with the clerk of the circuit court, which bond shall be conditioned upon the faithful performance of the duties of his or her office. No deputy sheriff shall be allowed to perform any services as such deputy until he or she shall subscribe to the oath now prescribed for sheriffs and until the approval of the deputy's bond. The aforesaid sureties shall be liable for all fines and amercements imposed upon their principal.

(b)  The board of county commissioners of any county is authorized to accept a blanket surety bond issued by a solvent surety company authorized to do business in this state, conditioned upon the faithful performance of the duties of the deputy sheriffs appointed by a sheriff, in the penal sum of not less than $1,000 payable to the Governor and his or her successors in office. If such a blanket surety bond shall be accepted, individual surety bonds for each deputy sheriff shall no longer be necessary. The cost of the blanket bond shall be borne by the appropriate sheriff's department. The aforesaid sureties shall be liable for all fines and amercements imposed upon their principals under the provisions of the blanket bond.

(2)  SURETY COMPANIES.--The requisite of two sureties and justification of same shall not apply where surety is by a solvent surety company authorized to do business in this state.

(3)  LIABILITY OF SHERIFF.--The giving of said bond by said deputy shall not in any manner relieve the sheriff of the liability for the acts of his or her deputies.

(4)  EXCEPTIONS.--The provisions of this section shall not apply to the appointment of special deputy sheriffs when appointed by the sheriff, under the following circumstances:

(a)  On election days, to attend elections.

(b)  To perform undercover investigative work.

(c)  For specific guard or police duties in connection with public sporting or entertainment events, not to exceed 30 days; or for watch or guard duties, when serving in such capacity at specified locations or areas only.

(d)  For special and temporary duties, without power of arrest, in connection with guarding or transporting prisoners.

(e)  To aid in preserving law and order, or to render necessary assistance in the event of any threatened or actual hurricane, fire, flood, or other natural disaster, or in the event of any major tragedy such as an airplane crash, train or automobile wreck, or similar accident.

(f)  To raise the power of the county, by calling bystanders or others, to assist in quelling a riot or any breach of the peace, when ordered by the sheriff or an authorized general deputy.

(g)  To serve as a parking enforcement specialist pursuant to s. 316.640(2).

The appointment of any such special deputy sheriff in any such circumstance, except with respect to paragraph (g), may be made with full powers of arrest whenever the sheriff deems such appointment reasonable and necessary in the execution of the duties of his or her office. Except under circumstances described in paragraphs (a), (e), (f), and (g), the appointees shall possess at least the minimum requirements established for law enforcement officers by the Criminal Justice Standards and Training Commission. The appointment of any such special deputy sheriff shall be recorded in a register maintained for such purpose in the sheriff's office, showing the terms and circumstances of such appointment.

(5)  REMOVAL FOR VIOLATION.--A violation of this section shall subject the offender to removal by the Governor.

History.--ss. 1, 2, 3, 4, 6, ch. 6478, 1913; RGS 2883; CGL 4580; s. 2, ch. 22790, 1945; s. 1, ch. 57-93; s. 1, ch. 72-307; s. 1, ch. 75-100; s. 1, ch. 79-246; s. 14, ch. 79-400; s. 3, ch. 83-167; s. 5, ch. 87-224; s. 175, ch. 95-147.