Florida Statute 30.076 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 30
SHERIFFS

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F.S. 30.076

30.076 Appeal.—

(1) The sheriff may not terminate a regularly appointed deputy sheriff for exercising lawful off-duty political rights.

(2) The review board shall be utilized to make the determination as to whether or not the termination of a deputy sheriff was politically or discriminatorily motivated.

(3)(a) A deputy sheriff must make a request for a hearing in writing to the deputy sheriff’s immediate supervisor within 10 working days after the deputy sheriff receives notice of termination for off-duty political activity. The request must contain a brief statement of the matters to be considered by the review board and the names of the two law enforcement officers selected to serve on the board.

(b) The immediate supervisor shall forward the request for hearing to the sheriff and the appropriate division commander without delay. The review board shall be empaneled and a hearing date scheduled within 10 working days of receipt. The rules of evidence applicable to administrative hearings under chapter 120 apply to the hearing.

(c) The sheriff has the burden of proving the appropriateness of the termination by the preponderance of evidence. The sheriff or the sheriff’s appointed representative must present evidence in support of the termination.

(d) The deputy sheriff has the right to be present, to present his or her case, to explain or defend his or her position, and to cross-examine each witness or complainant.

(e) The deputy sheriff has the right to be represented during the hearing by counsel or other representative of choice.

(f) The deputy sheriff shall not discuss the matter before the review board except through its chairperson.

(g) The sheriff may offer rebuttal evidence, and the review board may hear argument from both parties in support of the evidence presented.

(h) The chairperson of the review board shall, through the appropriate chain of command, give written notice to each witness of the date, time, and place of the hearing.

(i) The review board shall confine its deliberation to the evidence presented. The board shall have 10 working days within which to make its findings. The findings of the board are binding on the parties. If the board finds that action on appeal is justified, it may recommend an alternative action.

(j) A decision of the review board must be made by a majority vote of its members.

(k) Each complaint shall receive a separate finding and recommendation by a majority of the review board. Each finding shall take into consideration the seriousness of the complaint, any extenuating circumstances, and the tenure and past conduct record of the deputy sheriff. The board shall submit to the sheriff its written findings of fact and recommendations within 10 working days after the hearing.

(l) The sheriff shall notify the deputy sheriff of the final recommendations of the review board and the reasons therefor.

(m) If the sheriff’s action on appeal is not sustained, the deputy sheriff shall be reinstated without prejudice or penalty.

(n) All proceedings of the review board shall be recorded and retained by the Internal Affairs Bureau. Rest periods shall be duly noted and there shall be no unrecorded questions or statements by a party or witness. Recordings shall be properly marked and identified before filing.

History.—s. 7, ch. 94-143; s. 1329, ch. 95-147; s. 3, ch. 95-155.

F.S. 30.076 on Google Scholar

F.S. 30.076 on Casetext

Amendments to 30.076

Arrestable Offenses / Crimes under Fla. Stat. 30.076

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 30.076.

Annotations, Discussions, Cases:

Cases Citing Statute 30.076

Total Results: 20

York v. Mascara

Court: District Court of Appeal of Florida | Date Filed: 2013-02-06

Citation: 125 So. 3d 219, 34 I.E.R. Cas. (BNA) 1734, 2013 WL 440099, 2013 Fla. App. LEXIS 1845

Snippet: hearing before the review board, pursuant to section 30.076(3)(b), Florida Statutes (2010). The trial court

White v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-12-07

Citation: 102 So. 3d 702, 2012 Fla. App. LEXIS 21084, 2012 WL 6062042

Snippet: the written sentencing documents impose a term of 30.076 months’ imprisonment, the term White had agreed

Falk v. Scott

Court: District Court of Appeal of Florida | Date Filed: 2009-10-09

Citation: 19 So. 3d 1103, 2009 Fla. App. LEXIS 15181, 2009 WL 3232698

Snippet: burden of proof, it erroneously relied on section 30.076, Florida Statutes (2007), which involves the termination

McDougall v. Van House

Court: District Court of Appeal of Florida | Date Filed: 2001-10-31

Citation: 801 So. 2d 118, 2001 WL 1334303

Snippet: primary reasons: the procedures set forth in section 30.076, Florida Statutes (1997), should have been followed

Jones v. State

Court: Supreme Court of Florida | Date Filed: 1985-10-17

Citation: 477 So. 2d 566, 10 Fla. L. Weekly 565

Snippet: 264, 93 So. 740 (1922); Benton v. State, 74 Fla. 30, 76 So. 341 (1917); Jacksonville, Tampa, & Key West

State v. G.P.

Court: District Court of Appeal of Florida | Date Filed: 1983-04-12

Citation: 429 So. 2d 786, 1983 Fla. App. LEXIS 19107

Snippet: not a second appeal, see Benton v. State, 74 Fla. 30, 76 So. 341 (1917), but rather was limited to a determination

State v. GP

Court: District Court of Appeal of Florida | Date Filed: 1983-04-12

Citation: 429 So. 2d 786

Snippet: not a second appeal, see Benton v. State, 74 Fla. 30, 76 So. 341 (1917), but rather was limited to a determination

Jones v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-07-30

Citation: 387 So. 2d 401

Snippet: 2-5-76 Poss. of Heroin 5 yrs. DOR 7-30-76

Sossin Systems, Inc. v. City of Miami Beach

Court: District Court of Appeal of Florida | Date Filed: 1972-05-09

Citation: 262 So. 2d 28, 52 A.L.R. 3d 955, 1972 Fla. App. LEXIS 6698

Snippet: otherwise, is not authorized. Benton v. State, 74 Fla. 30, 76 So. 341, 342; Brinson v. Tharin, 99 Fla. 696, 127

Smith v. State

Court: District Court of Appeal of Florida | Date Filed: 1966-06-03

Citation: 187 So. 2d 61

Snippet: to correct such action. Benton v. State, 74 Fla. 30, 76 So. 341; Haile v. Gardner, 82 Fla. 355, 91 So.

Berger v. State

Court: District Court of Appeal of Florida | Date Filed: 1965-04-13

Citation: 174 So. 2d 456, 1965 Fla. App. LEXIS 4566

Snippet: the Supreme Court. “In Benton v. State, 74 Fla. 30, 76 So. 341, 342, it was held that as to those cases

Ellison v. City of Fort Lauderdale

Court: District Court of Appeal of Florida | Date Filed: 1965-02-19

Citation: 172 So. 2d 867

Snippet: court quoted from Benton v. State, 1917, 74 Fla. 30, 76 So. 341, 343: “ ‘Under the Constitution of this

King v. State

Court: District Court of Appeal of Florida | Date Filed: 1961-05-26

Citation: 134 So. 2d 502, 1961 Fla. App. LEXIS 2349

Snippet: case the case of Benton v. State, 1917, 74 Fla. 30, 76 So. 341, is discussed as follows: “[I]t was held

State v. Smith

Court: District Court of Appeal of Florida | Date Filed: 1960-03-10

Citation: 118 So. 2d 792

Snippet: 1959, 112 So.2d 864. [4] Benton v. State, 74 Fla. 30, 76 So. 341. [5] American Railway Express Company

Bedami v. State

Court: District Court of Appeal of Florida | Date Filed: 1959-04-29

Citation: 112 So. 2d 284

Snippet: and cites the case of Benton v. State, 74 Fla. 30, 76 So. 341, 343, as authority for its contention.

State v. Katz

Court: District Court of Appeal of Florida | Date Filed: 1959-01-08

Citation: 108 So. 2d 60

Snippet: the Supreme Court. In Benton v. State, 74 Fla. 30, 76 So. 341, 342, it was held that as to those cases

Lorenzo v. Murphy

Court: Supreme Court of Florida | Date Filed: 1947-11-07

Citation: 32 So. 2d 421, 159 Fla. 639, 1947 Fla. LEXIS 921

Snippet: 70 Fla. 564,70 So. 550; Benton v. State, 74 Fla. 30, 76 So. 341; Harrison v. Frink, 75 Fla. 22, 77 So.

Janet Realty Corporation v. Hoffman's Inc.

Court: Supreme Court of Florida | Date Filed: 1943-12-23

Citation: 17 So. 2d 114, 154 Fla. 144, 1943 Fla. LEXIS 1059

Snippet: 75 Fla. 22, 77 So. 663; Benton v. State, 74 Fla. 30, 76 So. 341; State v. Live Oak, P. G. R. Co., 70 Fla

Kilgore v. Bird

Court: Supreme Court of Florida | Date Filed: 1942-02-24

Citation: 6 So. 2d 541, 149 Fla. 570, 1942 Fla. LEXIS 839

Snippet: 564, 70 South Rep. 550; Benton v. State, 74 Fla. 30, 76 South Rep. 341. "In this State the Writ of certiorari

Farnham v. Caldwell

Court: Supreme Court of Florida | Date Filed: 1940-01-19

Citation: 193 So. 286, 141 Fla. 416

Snippet: court upon its merits. Benton v. State, 74 Fla. 30, 76 So. 341; Harrison v. Frink, 75 Fla. 22, 77 So.