Senate Bill sb1190c1
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Florida Senate - 2002 CS for SB 1190
By the Committee on Criminal Justice; and Senators Posey and
Crist
307-2179-02
1 A bill to be entitled
2 An act relating to sheriffs; amending s. 30.09,
3 F.S.; providing an exception from bonding
4 requirements for special deputies in the event
5 of certain terrorist acts; amending s. 30.49,
6 F.S.; revising provisions relating to
7 submission of budgets by sheriffs; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraph (e) of subsection (4) of section
13 30.09, Florida Statutes, is amended to read:
14 30.09 Qualification of deputies; special deputies.--
15 (4) EXCEPTIONS.--This section does not apply to the
16 appointment of special deputy sheriffs appointed by the
17 sheriff:
18 (e) To aid in preserving law and order, or to give
19 necessary assistance in the event of any threatened or actual
20 hurricane, fire, flood, or other natural disaster, or in the
21 event of any major tragedy such as an act of local terrorism
22 or a national terrorism alert, an airplane crash, a train or
23 automobile wreck, or a similar accident.
24
25 The appointment of a special deputy sheriff in any such
26 circumstance, except with respect to paragraph (g), may be
27 made with full powers of arrest when the sheriff considers
28 such appointment reasonable and necessary in the execution of
29 the duties of his or her office. Except under circumstances
30 described in paragraphs (a), (e), (f), and (g), the appointees
31 must possess at least the minimum requirements established for
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Florida Senate - 2002 CS for SB 1190
307-2179-02
1 law enforcement officers by the Criminal Justice Standards and
2 Training Commission. The appointment of any such special
3 deputy sheriff must be recorded in a register maintained for
4 such purpose in the sheriff's office, showing the terms and
5 circumstances of such appointment.
6 Section 2. Subsection (2) of section 30.49, Florida
7 Statutes, is amended to read:
8 30.49 Budgets.--
9 (2)(a) The sheriff shall submit with the proposed
10 budget his or her sworn certificate, stating that the proposed
11 expenditures are reasonable and necessary for the proper and
12 efficient operation of the office for the ensuing year. The
13 Each proposed budget shall show the estimated amounts of all
14 proposed expenditures for operating and equipping the
15 sheriff's office and jail, excluding the cost of other than
16 construction, repair, or capital improvement of county
17 buildings during such fiscal year. The expenditures shall be
18 categorized at the appropriate fund level in accordance with
19 the following functional categories itemized as follows:
20 1. General law enforcement Salary of the sheriff.
21 2. Corrections and detention alternative facilities
22 Salaries of deputies and assistants.
23 3. Court services, excluding service of process
24 Expenses, other than salaries.
25 4. Equipment.
26 5. Investigations.
27 6. Reserve for contingencies.
28 (b) Within the appropriate fund and functional
29 category, The budget and expenditures shall be itemized in
30 accordance with the uniform chart of accounts prescribed by
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Florida Senate - 2002 CS for SB 1190
307-2179-02
1 the Department of Banking and Finance, as follows divided into
2 the following categories:
3 1. Personal services Expenditures anticipated to be
4 incurred in the maintenance and operation of local
5 correctional facilities and detention alternative facilities
6 and in the staffing of bailiffs and other personnel in
7 assistance to the court, excluding service of process.
8 2. Operating expenses Expenditures anticipated to be
9 incurred in providing other general law enforcement services
10 of the sheriff.
11 3. Capital outlay.
12 4. Debt service.
13 5. Nonoperating disbursements and contingency
14 reserves.
15 (c) The sheriff shall submit to the board of county
16 commissioners for consideration and inclusion in the county
17 budget, as deemed appropriate by the county, requests for
18 construction, repair, or capital improvement of county
19 buildings operated or occupied by the sheriff.
20 Section 3. This act shall take effect July 1, 2002.
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22 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
23 Senate Bill 1190
24
25 - The bill provided that it is legislative intent to
revise laws relating to sheriff's budgets.
26
- The CS provides an exemption from the statutory bonding
27 requirement for special deputy sheriffs mobilized in
response to an act of local terrorism or a national
28 terrorism alert.
29 - The CS modernizes the format of annual sheriff's budget
proposals prepared for the board of county
30 commissioners.
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CODING: Words stricken are deletions; words underlined are additions.