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  1. #1
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    Cool Statutorily funding an elected Metro Dade sheriff

    • FUNDING: County Commissioners fund an elected sheriff to do his job.
      .
    • MANDATORY JOB: Florida statutes only stipulate that a sheriff MUST do civil process (aka serve papers). That's it! (read the fine print LOL)
      .
    • Nowhere in the state constitution or state statutes does it state that an elected Florida sheriff must be in charge of a countywide police department. Nowhere! (read the fine print LOL)
      .
    • County Commissioners can statutorily fund the newly elected sheriff to exclusively run a civil section (serving papers) -- and nothing else.
      .
    • If the County Commissioners also want to fund an elected sheriff to operate court security (bailiffs) and/or a jail and/or a patrol division, then that is their prerogative -- but it is not statutorily mandated.
      .
    • MDPD can remain intact with it's own appointed director, while an elected sheriff runs civil process.

  2. #2

  3. #3
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    incorrect.

    Quote Originally Posted by Unregistered View Post
    • FUNDING: County Commissioners fund an elected sheriff to do his job.
      .
    • MANDATORY JOB: Florida statutes only stipulate that a sheriff MUST do civil process (aka serve papers). That's it! (read the fine print LOL)
      .
    • Nowhere in the state constitution or state statutes does it state that an elected Florida sheriff must be in charge of a countywide police department. Nowhere! (read the fine print LOL)
      .
    • County Commissioners can statutorily fund the newly elected sheriff to exclusively run a civil section (serving papers) -- and nothing else.
      .
    • If the County Commissioners also want to fund an elected sheriff to operate court security (bailiffs) and/or a jail and/or a patrol division, then that is their prerogative -- but it is not statutorily mandated.
      .
    • MDPD can remain intact with it's own appointed director, while an elected sheriff runs civil process.

  4. #4
    Unregistered
    Guest
    Quote Originally Posted by Unregistered View Post
    • FUNDING: County Commissioners fund an elected sheriff to do his job.
      .
    • MANDATORY JOB: Florida statutes only stipulate that a sheriff MUST do civil process (aka serve papers). That's it! (read the fine print LOL)

      .
    • Nowhere in the state constitution or state statutes does it state that an elected Florida sheriff must be in charge of a countywide police department. Nowhere! (read the fine print LOL)
      .
    • County Commissioners can statutorily fund the newly elected sheriff to exclusively run a civil section (serving papers) -- and nothing else.
      .
    • If the County Commissioners also want to fund an elected sheriff to operate court security (bailiffs) and/or a jail and/or a patrol division, then that is their prerogative -- but it is not statutorily mandated.
      .
    • MDPD can remain intact with it's own appointed director, while an elected sheriff runs civil process.
    Please regale us with your apparent vast knowledge regarding the elected sheriff. Start by telling us from what "fine print' you have drawn your information. Frankly, what you have typed runs counter to what 66 Florida Counties currently do and have done for decades. Are 66 Florida Counties wrong and you are correct?

    As it pertains to the Elected Sheriff, Title V, Chapter 30 governs. Under Chapter 30, the Elected Sheriff has complete authority over law enforcement, county jail, courts and county commission security, as well as civil processes. What is not spelled out is what authority does the Elected Sheriff have over the Fire and Rescue Department. Though under (j) Perform such other duties as may be imposed upon them by law, Counties in Florida have incorporated the Fire/Rescue Department under the Elected Sheriff's orbit. Perhaps for no other reason than budgetary economies of scale. What? In our case, for example, a larger organization -- Dade County -- can realize savings when purchasing equipment in large quantities. Why smaller police agencies often "piggy back" on MDPD when purchasing vehicles and other accouterments.

    Read each section under Chapter 30 Sheriffs and learn.

    http://www.leg.state.fl.us/statutes/...s/0030.15.html

    To illustrate our point, we are citing the Duval County-City of Jacksonville as a dichotomous example (meaning divided in two parts), but even there, after 1968 when voters decided to unify the county and city, Law Enforcement is provided by the Jacksonville Sheriff's Office, headed by an elected sheriff. Open the below link and behold JSO' organizational chart.

    http://www.jaxsheriff.org/Your-Sheri...nal-Chart.aspx

  5. #5
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    Quote Originally Posted by Unregistered View Post
    Please regale us with your apparent vast knowledge regarding the elected sheriff. Start by telling us from what "fine print' you have drawn your information. Frankly, what you have typed runs counter to what 66 Florida Counties currently do and have done for decades. Are 66 Florida Counties wrong and you are correct?

    As it pertains to the Elected Sheriff, Title V, Chapter 30 governs. Under Chapter 30, the Elected Sheriff has complete authority over law enforcement, county jail, courts and county commission security, as well as civil processes. What is not spelled out is what authority does the Elected Sheriff have over the Fire and Rescue Department. Though under (j) Perform such other duties as may be imposed upon them by law, Counties in Florida have incorporated the Fire/Rescue Department under the Elected Sheriff's orbit. Perhaps for no other reason than budgetary economies of scale. What? In our case, for example, a larger organization -- Dade County -- can realize savings when purchasing equipment in large quantities. Why smaller police agencies often "piggy back" on MDPD when purchasing vehicles and other accouterments.

    Read each section under Chapter 30 Sheriffs and learn.

    http://www.leg.state.fl.us/statutes/...s/0030.15.html

    To illustrate our point, we are citing the Duval County-City of Jacksonville as a dichotomous example (meaning divided in two parts), but even there, after 1968 when voters decided to unify the county and city, Law Enforcement is provided by the Jacksonville Sheriff's Office, headed by an elected sheriff. Open the below link and behold JSO' organizational chart.

    http://www.jaxsheriff.org/Your-Sheri...nal-Chart.aspx
    You are 100% correct with this assessment. 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 city which it was agreed upon would be policed by MDPD. Not likely. Then the sheriff would be relegated to only civil process and courts per statute.

  6. #6
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    It would be awesome if the sheriff took just police services and let the county keep corrections. They hold us back from getting good raises. They demand the same the same pay even though they do a different service and something they cant qualify for. I pray they separate us. We can do so much better without them

  7. #7
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    Guest

    Statutory duties of a Florida sheriff

    Quote Originally Posted by Unregistered View Post
    Read each section under Chapter 30 Sheriffs and learn.

    http://www.leg.state.fl.us/statutes/...s/0030.15.html
    Thanks for posting the link for everyone to see. The FSS says that a sheriff MUST statutorily provide civil process and attend every court session.

    Similarly, the FHP statute only designates them as a state "patrol" and not a "state police" i.e. their primarily statutory job is traffic enforcement. Similarly, the only thing statutorily and specifically designated for a sheriff is serving papers and attending court sessions. Here is the direct quote:

    30.15 Powers, duties, and obligations.—
    (1) Sheriffs shall:
    (a) Execute all process of the Supreme Court, circuit courts, county courts, and boards of county commissioners.
    (b) Execute writs, processes, warrants and other papers.
    (c) Attend all sessions of court.
    (d) Execute all orders of the boards of county commissioners.
    (e) Be conservators of the peace.
    (f) Suppress tumults, riots, and unlawful assemblies with force when necessary.
    (g) Apprehend any person disturbing the peace.
    (h) Have authority to command any person to assist them in their duties and...

    Link: http://www.leg.state.fl.us/statutes/...s/0030.15.html

  8. #8
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    Quote Originally Posted by Unregistered View Post
    Thanks for posting the link for everyone to see. The FSS says that a sheriff MUST statutorily provide civil process and attend every court session.

    Similarly, the FHP statute only designates them as a state "patrol" and not a "state police" i.e. their primarily statutory job is traffic enforcement. Similarly, the only thing statutorily and specifically designated for a sheriff is serving papers and attending court sessions. Here is the direct quote:

    30.15 Powers, duties, and obligations.—
    (1) Sheriffs shall:
    (a) Execute all process of the Supreme Court, circuit courts, county courts, and boards of county commissioners.
    (b) Execute writs, processes, warrants and other papers.
    (c) Attend all sessions of court.
    (d) Execute all orders of the boards of county commissioners.
    (e) ***Be conservators of the peace.***
    (f) Suppress tumults, riots, and unlawful assemblies with force when necessary.
    (g) Apprehend any person disturbing the peace.
    (h) Have authority to command any person to assist them in their duties and...

    Link: http://www.leg.state.fl.us/statutes/...s/0030.15.html
    Friend, you are hopelessly obtuse or obstinately and purposely dissembling. Regardless, we shall argue no more.

    I leave you with this bit of information regarding (e) conservator of the peace and what that means in the United States Legal System. "a conservator of the peace is synonymous with a peace officer. A police officer, a Coroner, or a court officer may be considered a conservator of the peace."

    Still, if this information does not dissuade you, on Monday, February 4th, please respond to the Florida 11th Judicial Circuit and file the appropriate legal documents to have all 66 Florida County Sheriffs cease and desist performing their law enforcement duties as -- in your opinion -- they are not law enforcement officers per se, but process servers for the State.

    Source: https://legal-dictionary.thefreedict...s+of+the+Peace

  9. #9
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    Guest
    Quote Originally Posted by Unregistered View Post
    Thanks for posting the link for everyone to see. The FSS says that a sheriff MUST statutorily provide civil process and attend every court session. YES!

    Similarly, the FHP statute only designates them as a state "patrol" and not a "state police" i.e. their primarily statutory job is traffic enforcement. Similarly, the only thing statutorily and specifically designated for a sheriff is serving papers and attending court sessions. Here is the direct quote: WRONG!

    30.15 Powers, duties, and obligations.—
    (1) Sheriffs shall:
    (a) Execute all process of the Supreme Court, circuit courts, county courts, and boards of county commissioners.
    (b) Execute writs, processes, warrants and other papers.
    (c) Attend all sessions of court.
    (d) Execute all orders of the boards of county commissioners.
    (e) Be conservators of the peace.
    (f) Suppress tumults, riots, and unlawful assemblies with force when necessary.
    (g) Apprehend any person disturbing the peace.
    (h) Have authority to command any person to assist them in their duties and...

    Link: http://www.leg.state.fl.us/statutes/...s/0030.15.html

    (e) Be conservators of the peace. What does this mean? According to West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved. In the U.S. legal system, a conservator of the peace is synonymous with a peace officer. A POLICE OFFICER, a Coroner, or a court officer may be considered a conservator of the peace.

    Therefore an elected Sheriff and his/her deputies are (1) “Law enforcement officer[s]” [meaning] any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof [Miami-Dade County is a political subdivision of the State of Florida]; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency." FSS 943.10 (1) see below link

    If it were as you assert, then ALL MDPD personnel would be restricted to "serving papers and attending court sessions." Which MDPD does under its Court Services Bureau duties and functions. Additionally, MDPD complies with "(d) Execute all orders of the boards of county commissioners." As well as provide security at all County Commission functions through the designated Sergeant at Arms personnel.

    Just look at your badge and thereupon the obvious glares at you, for all sworn MDPD personnel are deputy sheriffs, from the director on down to the most junior PPO.

    Since voters approved the Strong Mayor form of governance, the mayor is Miami-Dade's "de facto" sheriff, with MAURICE KEMP serving as Gimenez' deputy mayor; overseeing the departments cited in the below link. In essence, serving as First Deputy.

    https://legal-dictionary.thefreedict...r+of+the+Peace

    http://www.leg.state.fl.us/Statutes/...s/0943.10.html

    https://www8.miamidade.gov/global/go...ayor/kemp.page

  10. #10
    Unregistered
    Guest
    Quote Originally Posted by Unregistered View Post
    Friend, you are hopelessly obtuse or obstinately and purposely dissembling. Regardless, we shall argue no more.

    I leave you with this bit of information regarding (e) conservator of the peace and what that means in the United States Legal System. "a conservator of the peace is synonymous with a peace officer. A police officer, a Coroner, or a court officer may be considered a conservator of the peace."

    Still, if this information does not dissuade you, on Monday, February 4th, please respond to the Florida 11th Judicial Circuit and file the appropriate legal documents to have all 66 Florida County Sheriffs cease and desist performing their law enforcement duties as -- in your opinion -- they are not law enforcement officers per se, but process servers for the State.

    Source: https://legal-dictionary.thefreedict...s+of+the+Peace
    Being a "conservator of the peace" does not change the fact that a Florida sheriff is statutorily only required to perform two specific functions:
    1. Serve civil process and
    2. Attend every court session within the county.

    For example, FHP troopers, SAO investigators and municipal police officers are also conservators of the peace, to wit:

    • "FSS 321.05 The members of the Florida Highway Patrol are hereby declared to be conservators of the peace..."
      Source: http://www.leg.state.fl.us/statutes/...0321/0321.html
      .
    • "FSS 27.55 Each [state attorney] investigator employed on a full-time basis by a state attorney and each special investigator appointed by the state attorney pursuant to the provisions of s. 27.251 is hereby declared to be a law enforcement officer of the state and a conservator of the peace..."
      Source: http://www.leg.state.fl.us/Statutes/.../0027.255.html
      .
    • Etc.


    The Miami Dade County commissioners have the legal authority to fund the new Miami Dade sheriff to only do the following:
    1. Serve civil process (papers)
    2. Attend every court session in Miami Dade County.

    The current Miami Dade director of police services may keep his job, if the county commissioners choose to keep it status quo. The prior Dade County sheriff was abolished several decades ago, due to corruption and circus politics that reflected unfavorably on south Florida.

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