House Bill hb1427e1

                                          HB 1427, First Engrossed



  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.

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10  Be It Enacted by the Legislature of the State of Florida:

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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.

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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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                                          HB 1427, First Engrossed



  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, and subsection (12) is added to said

  8  section, to read:

  9         30.49  Budgets.--

10         (2)(a)  The sheriff shall submit with the proposed

11  budget his or her sworn certificate, stating that the proposed

12  expenditures are reasonable and necessary for the proper and

13  efficient operation of the office for the ensuing year. The

14  Each proposed budget shall show the estimated amounts of all

15  proposed expenditures for operating and equipping the

16  sheriff's office and jail, excluding the cost of other than

17  construction, repair, or capital improvement of county

18  buildings during such fiscal year.  The expenditures shall be

19  categorized at the appropriate fund level in accordance with

20  the following functional categories itemized as follows:

21         1.  General law enforcement Salary of the sheriff.

22         2.  Corrections and detention alternative facilities

23  Salaries of deputies and assistants.

24         3.  Court services, excluding service of process

25  Expenses, other than salaries.

26         4.  Equipment.

27         5.  Investigations.

28         6.  Reserve for contingencies.

29         (b)  Within the appropriate fund and functional

30  category, The budget and expenditures shall be itemized in

31  accordance with the uniform chart of accounts prescribed by


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                                          HB 1427, First Engrossed



  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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CODING: Words stricken are deletions; words underlined are additions.