30.073

Appointment; probation; regular appointment.

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30.073 Appointment; probation; regular appointment.—

(1) A sheriff has exclusive power to appoint a deputy sheriff. However, a person may not be appointed as a deputy sheriff unless the person meets all qualifications set out in the Florida Statutes.

(2)(a) A person’s appointment as a deputy sheriff is not a regular appointment until the person has satisfactorily completed 12 consecutive months of probation.

(b) A deputy sheriff’s promotion to a higher rank within the agency is not a regular appointment to that rank until the deputy sheriff has satisfactorily completed 6 consecutive months of probation.

(c) If a deputy sheriff is unable to perform the duties and responsibilities of the position to which he or she is appointed or promoted due to a nonservice-connected disability or other justifiable cause, the period of probation may be extended by the amount of time the deputy sheriff is unable to perform his or her duties.

(3) At any time, the sheriff may terminate, with or without cause, the appointment or promotion of a deputy sheriff who has not completed probation.

(a) An appointment is terminated upon the receipt by the deputy sheriff of written notice, signed by the sheriff, advising the deputy sheriff of his or her termination from appointment.

(b) A promotion is terminated upon the receipt by the deputy sheriff of a written notice, signed by the sheriff, advising the deputy sheriff of his or her return to his or her previous regular appointment.

(4) A deputy sheriff who satisfactorily completes probation is considered regularly appointed to his or her position and is entitled to all the rights and privileges set forth in this act.

(5) A deputy sheriff covered by ss. 30.071-30.079, other than the undersheriff or chief deputy, who is regularly appointed to his or her position may not be terminated for lawful off-duty political activity or for a discriminatory reason.

History.—s. 4, ch. 94-143; s. 1326, ch. 95-147; s. 1, ch. 95-155.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1999–2023 · leading case: Jeffrey Stanley v. Broward County Sheriff

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Jeffrey Stanley v. Broward County Sheriff (2016) ca11 “The state allows sheriffs to remove deputies with written notice, see Fla. Stat. § 30.073 (3), and state law lists one instance in which the county must remove a misbehaving correctional officer.”

Samarco v. Neumann (1999) flsd “VIII, § 1(d); §§ 30.073, 30.079, 30.15, 30.53, Fla.Stat.”

Puglia v. Nienhuis (2023) flmd · cites it 3× “Were There Adequate State Remedies? 2 The Court need not engage in much discussion of Fla. Stat. § 30.073 (2)(c). See Fla. Stat.”

Lopez v. Gibson (2018) flmd · cites it 2× “Lopez attempts to bridge this gap by insisting that § 30.076 applies to terminations of promotions as well as normal terminations, relying on an unrelated subsection of another statute, § 30.”

— 30.073(3) — 1 case

Lopez v. Gibson (2018) flmd “Lopez attempts to bridge this gap by insisting that § 30.076 applies to terminations of promotions as well as normal terminations, relying on an unrelated subsection of another statute, § 30.”

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