Statutorily funding an elected Metro Dade sheriff

[Unregistered]

Arguing with you is akin to arguing with a rock. The County Commission is powerless to do anything about the soon to be elected Miami-Dade County Sheriff.

Yes; like now, the M-D Commission has the legislative authority to reduce the Sheriff's requested budget; the Sheriff has the sovereignty to appeal such decision to the State of Florida Administration Commission (a). That is among the most significant differences between the appointed, politically subservient director and the elected Sheriff. We are arguing with you no more.

South of Miami-Dade County the Monroe County Sheriff operates a fully authorized Law Enforcement Operation. West of Miami-Dade, likewise does Collier County Sheriff and north of Miami-Dade, the same is true for Broward and the other 63 elected County Sheriffs. Your argument is so vacuous, that is like arguing with a person who obstinately adheres to the premise the sun rises on the western horizon and sets on the east.

You now what pal? Whatever! When Miami-Dade's voters elect their Sheriff and he or she assumes his/her Constitutional command, we shall see whether you are correct or not. In the interim, keep looking for the sun to rise on the western horizon and let us know when it does.

http://www.leg.state.fl.us/statutes/...s/0030.49.html

[Unregistered]

Arguing with you is akin to arguing with a rock.

Who are you arguing with?

Florida law stipulate that a sheriff is only required to provide two statutory functions:
1. Serve civil process (papers and warrants)
2. Attend every court session in Miami Dade County.
Source: FSS 30.15 http://www.leg.state.fl.us/statutes/...s/0030.15.html

Please read the above statute before you reply. :-)

At the discretion of the Miami Dade commissioners, the word "sheriff" may be removed from all MDPD equipment and replaced with "police." The MDPD director may remain in charge of MDPD, while the elected sheriff is funded and tasked with operating:
1. Serve civil process (papers and warrants)
2. Attend every court session in Miami Dade County (bailiff operations).

The elected Miami Dade sheriff was abolished several decades ago, due to pernicious political corruption. Look north to Broward County to see a current political fiasco e.g. the Broward sheriff is currently suspended by the governor, at the time of this writing.

[Unregistered]

Arguing with you is akin to arguing with a rock. The County Commission is powerless to do anything about the soon to be elected Miami-Dade County Sheriff.

Yes; like now, the M-D Commission has the legislative authority to reduce the Sheriff's requested budget; the Sheriff has the sovereignty to appeal such decision to the State of Florida Administration Commission (a). That is among the most significant differences between the appointed, politically subservient director and the elected Sheriff. We are arguing with you no more.

South of Miami-Dade County the Monroe County Sheriff operates a fully authorized Law Enforcement Operation. West of Miami-Dade, likewise does Collier County Sheriff and north of Miami-Dade, the same is true for Broward and the other 63 elected County Sheriffs. Your argument is so vacuous, that is like arguing with a person who obstinately adheres to the premise the sun rises on the western horizon and sets on the east.

You [know] what pal? Whatever! When Miami-Dade's voters elect their Sheriff and he or she assumes his/her Constitutional command, we shall see whether you are correct or not. In the interim, keep looking for the sun to rise on the western horizon and let us know when it does.

http://www.leg.state.fl.us/statutes/...s/0030.49.html

Original poster's editing xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxx

[Unregistered]

Sheriff office is so powerful and free of politics that NOT EVEN a Govenor can remove you.... Oh snap wait, that happened and replaced him with a Sergeant. Well sooooo much for the powerful Sheriff office. 🍆🍆🍆😂😂😂

[Unregistered]

Sheriff office is so powerful and free of politics that NOT EVEN a Govenor can remove you.... Oh snap wait, that happened and replaced him with a Sergeant. Well sooooo much for the powerful Sheriff office. 🍆🍆🍆😂😂😂

No one has ever made this assertion. You keep changing the argument. First, the County Commission can restrict the elected sheriff to serving civil processes and court security. Tasks MDPD currently provides through its Court Services Bureau. Now this drivel!

Of course, Florida's Governor can suspend the Sheriff! Under Article IV, section 7(a), of the State Constitution, [this clause] authorizes the Governor to suspend any state officer not subject to impeachment or any [elected] county officer for criminal activity, misfeasance, incompetence or neglect of duty. Conversely, former sheriff Israel can challenge [appeal] the suspension to the state Senate, which will conduct a trial and then remove or reinstate him. See below link:

FYI:

FSS 112.3142 (1) As used in this section, the term “constitutional officers” includes the Governor, the Lieutenant Governor, the Attorney General, the Chief Financial Officer, the Commissioner of Agriculture, state attorneys, public defenders, SHERIFFS, tax collectors, property appraisers, supervisors of elections, clerks of the circuit court, county commissioners, district school board members, and superintendents of schools.

In the interim, keep looking for that sunrise on the western horizon.

https://www.flsenate.gov/Session/ExecutiveSuspensions

[Unregistered]

Florida law stipulate that a sheriff is only required to provide two statutory functions:
1. Serve civil process (papers and warrants)
2. Attend every court session in Miami Dade County.

Statutory source: FSS 30.15 http://www.leg.state.fl.us/statutes/...s/0030.15.html

First, the County Commission can restrict the elected sheriff to serving civil processes and court security. Tasks MDPD currently provides through its Court Services Bureau.

That is correct: Florida law says that an elected sheriff is only required to perform those two functions (at a minimum), according to the website link that is provided.

At the discretion of the Miami Dade commissioners, the word "sheriff" may be removed from all MDPD equipment and replaced with "police." The MDPD director may remain in charge of MDPD, while the elected sheriff is funded and tasked with operating:
1. Serve civil process (papers and warrants)
2. Attend every court session in Miami Dade County (bailiff operations).

If the duties of the brand new Miami Dade sheriff are limited to the civil section (papers and warrants) and court security (bailiffs), then it needs to be decided by the county commissioners prior to the Miami Dade sheriff's election because it's a statutory funding issue. It also involves the expense of removing the word "sheriff" from all MDPD equipment, which could get expensive. However, it is an effective way to curtail the excessive power of an elected sheriff (just look to the immediate north at the Broward sheriff's mess) i.e. Miami Dade gets to have an elected sheriff, but his powers are limited to civil process and court security.

[Unregistered]

NOVEMBER 07, 2018

Florida Sheriffs Association’s Statement on Tonight’s Election

“Sheriffs all over Florida are pleased citizens took the time to learn about Amendment 10 and voted in favor of protecting their right to elect their constitutional officers. Sheriffs, and the other constitutional officers, had faith voters would make the correct choice by protecting their right to vote. Together, we have made history. Florida will now have elected and independent constitutional officers in all 67 counties—this is a great day for transparency and accountability.”

Bob Butterworth, who served as Broward County Sheriff in the 1980s after stints as a judge in county and circuit courts and served as the 33rd Attorney General of Florida, said "elections also allow sheriffs to operate independently and without having to answer to other county officials." Except, we argue, as governed by FSS 30.49 Budgets (4) (a). There, as well, the sheriff has an independent path to challenge the BCC's decision regarding his/her budget

The sheriff is an independently elected Florida Constitutional officer whose office, duties, and authorities are established and delegated by Florida’s legislature. Miami-Dade Board of County Commissioners is not free to usurp the powers of the office of sheriff.

In the words of the venerable Army Lieutenant General Russel Honoré, "you are stuck on stupid!"

[Unregistered]

NOVEMBER 07, 2018

Florida Sheriffs Association’s Statement on Tonight’s Election

“Sheriffs all over Florida are pleased citizens took the time to learn about Amendment 10 and voted in favor of protecting their right to elect their constitutional officers. Sheriffs, and the other constitutional officers, had faith voters would make the correct choice by protecting their right to vote. Together, we have made history. Florida will now have elected and independent constitutional officers in all 67 counties—this is a great day for transparency and accountability.”

Bob Butterworth, who served as Broward County Sheriff in the 1980s after stints as a judge in county and circuit courts and served as the 33rd Attorney General of Florida, said "elections also allow sheriffs to operate independently and without having to answer to other county officials." Except, we argue, as governed by FSS 30.49 Budgets (4) (a). There, as well, the sheriff has an independent path to challenge the BCC's decision regarding his/her budget

The sheriff is an independently elected Florida Constitutional officer whose office, duties, and authorities are established and delegated by Florida’s legislature. Miami-Dade Board of County Commissioners is not free to usurp the powers of the office of sheriff.

In the words of the venerable Army Lieutenant General Russel Honoré, "you are stuck on stupid!"

• There are 67 counties in Florida.
  .
• Miami Dade constituents voted to have the Miami Dade sheriff appointed, instead of elected. Miami Dade voters are not stupid for doing that.
  .
• However, the other 66 counties voted that all Florida counties must have an elected sheriff. Thus statewide voters took away Miami Dade's voters right. Nonetheless, Miami Dade county commissioners can choose to fund the newly elected sheriff to only operate civil process (papers and warrants) and court security (bailiffs).

[Unregistered]

• There are 67 counties in Florida.
  .
  
• Miami Dade constituents voted to have the Miami Dade sheriff appointed, instead of elected. Miami Dade voters are not stupid for doing that. Not responding to this drivel.
  .
  
• However, the other 66 counties voted that all Florida counties must have an elected sheriff. Thus statewide voters took away Miami Dade's voters right. Nonetheless, Miami Dade county commissioners can choose to fund the newly elected sheriff to only operate civil process (papers and warrants) and court security (bailiffs).

In spite presented with irrefutable evidence to the contrary, "As a dog returns to its vomit, so [a fool] repeat [his] folly." Proverbs 26:11

As to Bailiffs, that is a totally different Miami-Dade County employment classification, read below. Friend you obstinacy is superseded only by your ignorance.


§ 11-21. Appointment; term; duties
Latest version.

Each Judge of the Circuit Court and County Court in Miami-Dade County, Florida, and each Judge hereafter appointed or elected to either of such Courts, is hereby authorized to appoint and employ at County expense a Bailiff who shall serve at the pleasure of the appointing Judge and perform such duties and functions as shall be imposed by law and as may be prescribed by the presiding Judge. Each such Bailiff shall be subject to the order and direction of the Judge appointing him.

http://miamidade.fl.elaws.us/code/coor_ptiii_ch11_artii

[Unregistered]

• There are 67 counties in Florida.
  .
• Miami Dade constituents voted to have the Miami Dade sheriff appointed, instead of elected. Miami Dade voters are not stupid for doing that.
  .
• However, the other 66 counties voted that all Florida counties must have an elected sheriff. Thus statewide voters took away Miami Dade's voters right. Nonetheless, Miami Dade county commissioners can choose to fund the newly elected sheriff to only operate civil process (papers and warrants) and court security (bailiffs).

This guy is just a shit stirrer. The sheriff has statutory authority for LE over the unincorporated areas of the county. The only discretion the commission has is if to allow him to run corrections or not. As for the budget,, it is submitted to the commission for approval if they choose not to approve it the sheriff sends it to the governor to determine if it is reasonable. If it is deemed so then it must be funded. Period.

In order for that other uninformed author’s statement to be true regarding MDPD existing with a sheriff, the unincorporated areas of the county would suddenly have to become a incorporated which it was agreed upon would be policed by MDPD. Not likely. Only then the sheriff would be relegated to only civil process and courts per statute. You cannot have two LE agencies with the exact same jurisdiction in the same area. MDPD cannot exist as the sheriff and cannot function within the unincorporated areas as a policing agent without it either. It is an all or nothing proposition. I know there are many politicians holding out on this false hope that they will still be able to control MDPD and have made some of these ignorant remarks, but give it time and they will ultimately know the truth.