| 1 | House Memorial |
| 2 | A memorial to the Congress of the United States, urging |
| 3 | Congress to refrain from applying the Hatch Act to members |
| 4 | of a Florida sheriff's office who are seeking elected |
| 5 | public office. |
| 6 |
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| 7 | WHEREAS, the United States Office of the Special Counsel |
| 8 | has determined that the federal Hatch Act, 5 U.S.C. ss. 1501- |
| 9 | 1508, applies to any member of a Florida sheriff's office who is |
| 10 | campaigning for a partisan public office, including the Office |
| 11 | of Sheriff, and |
| 12 | WHEREAS, the Office of the Special Counsel has concluded |
| 13 | that it has jurisdiction in cases involving Florida sheriffs on |
| 14 | the premise that a sheriff is included within the executive |
| 15 | branch of the State of Florida, and |
| 16 | WHEREAS, the Office of the Special Counsel has determined |
| 17 | that members of a sheriff's office who have direct or indirect |
| 18 | oversight of federal grants are subject to the Hatch Act, and |
| 19 | WHEREAS, the Office of the Special Counsel has required |
| 20 | such members to resign from their current position or withdraw |
| 21 | their candidacy, and |
| 22 | WHEREAS, such members would not otherwise be required to |
| 23 | resign or withdraw their candidacy under Florida law, and |
| 24 | WHEREAS, the intrusion of the Office of the Special Counsel |
| 25 | into the Florida election process may dissuade otherwise |
| 26 | qualified candidates from retaining their positions or seeking |
| 27 | public office, NOW, THEREFORE, |
| 28 |
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| 29 | Be It Resolved by the Legislature of the State of Florida: |
| 30 |
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| 31 | That the Florida Legislature opposes the extension of the |
| 32 | Hatch Act to members of a Florida sheriff's office who are |
| 33 | seeking an elected office as contrary to the best interests of |
| 34 | the residents of the State of Florida. |
| 35 | BE IT FURTHER RESOLVED that the Florida Legislature |
| 36 | specifically recognizes that a Florida sheriff is an independent |
| 37 | constitutional officer who is not included within the executive |
| 38 | branch of the State of Florida, such that the Office of the |
| 39 | Special Counsel should not exercise jurisdiction over the |
| 40 | sheriffs of this state in cases involving the Hatch Act. |
| 41 | BE IT FURTHER RESOLVED that copies of this memorial be |
| 42 | dispatched to the President of the United States, to the |
| 43 | President of the United States Senate, to the Speaker of the |
| 44 | United States House of Representatives, and to each member of |
| 45 | the Florida delegation to the United States Congress. |