CopyCited 24 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 22307, 1991 WL 172949
...38 As I find fault with the court's analysis for the reasons stated above, I concur in the judgment only. 1 Florida statutory authority does not authorize special deputies to execute search warrants. Ramer v. State,
530 So.2d 915 (Fla.1988). See also Fla.Stat.Ann. §
30.09(4) (West 1988) 2 See e.g....
CopyCited 19 times | Published | Supreme Court of Florida
...Petersburg Beach. Although beyond his jurisdiction as a City Police Officer, Lang had been appointed Deputy Sheriff of Pinellas County, posted bond and received his commission, but, as the State concedes, he had not taken the oath of office pursuant to Section 30.09(1)(a), Florida Statutes, [1] which provides that no deputy sheriff "shall" be allowed to perform any service as deputy until he "shall" subscribe to the oath prescribed for sheriffs....
...nts obtained through it. On interlocutory appeal the District Court of Appeal, Second District, reversed and remanded the cause on a finding that a legal arrest had occurred both because Lang was a de facto deputy sheriff and because the language of Section 30.09(1), Florida Statutes, is directory, rather than mandatory....
...The State has not shown that any innocent party detrimentally relied on the actions of Officer Lang and no detrimental reliance is apparent from the record. Therefore, the District Court mistakenly concluded that Lang was a de facto officer. We think the District Court was mistaken also in its conclusion that Section 30.09(1), Florida Statutes, is directory rather than mandatory....
...We therefore hold the statute to be mandatory. The decision of the District Court of Appeal, Second District, is quashed and the cause remanded for proceedings consistent with this opinion. It is so ordered. ADKINS, HATCHETT and DREW (Retired), JJ., concur. OVERTON, C.J., dissents. NOTES [1] "30.09 Qualification of deputies; special deputies....
CopyCited 14 times | Published | Supreme Court of Florida | 1988 WL 89792
...Ramer,
501 So.2d 52 (Fla. 4th DCA 1987). The major issue concerns the authority of a municipal police officer to conduct a search and seizure outside the city limits without knowledge or specific direction by the sheriff. The district court held that section
30.09(4), Florida Statutes (1985), authorized a municipal police officer, who was also a special deputy under that section, to conduct a warrantless search in an unincorporated area of West Palm Beach County....
...rch was conducted without a warrant. At the time of this event, the sergeant had been a police officer with the West Palm Beach Police Department for eighteen years. He testified that in March, 1983, he was sworn in as a special deputy sheriff under section 30.09, Florida Statutes (1981), and had been a special deputy ever since....
...The court determined that the municipal police officer had authority to act as a special deputy in this instance, concluding that "exceptions (a) through (g) merely list the circumstances under which the provisions for bonds and sureties, etc., of section 30.09 are not applicable....
...hes and seizures." Ramer,
501 So.2d at 53. We address first the authority of this West Palm Beach municipal police officer to search and seize this vehicle by reason of his special deputy status. The phrase "special deputy sheriffs" is found only in section
30.09(4)....
...The appointment of any such special deputy sheriff shall be recorded in a register maintained for such purpose in the sheriff's office, showing the terms and circumstances of such appointment. A regular deputy appointed under section
30.07 is not so restricted, [1] and must fulfill the requirements of section
30.09(1)(a)....
...We find Campbell clearly distinguishable. In that case, although the court permitted Tampa Police Department agents to perform arrests outside of Tampa in Hillsborough County, the officers were performing undercover investigative work, an activity expressly permitted by section 30.09(4)(b)....
...1981 Op.Att'y Gen.Fla. 081-5 (Feb. 3, 1981); 1974 Op.Att'y Gen.Fla. 074-280 (Sept. 18, 1974); 1972 Op.Att'y Gen.Fla. 072-321 (Sept. 15, 1972); 1972 Op.Att'y Gen.Fla. 072-381 (Oct. 31, 1972) (discussing the appointment and duties of special deputy sheriffs under section 30.09(4)). Consistent with the facts in the instant case, there was no showing in Carson that the police officer was performing any of the specific duties set forth in section 30.09(4)....
...to conduct a search and seizure without any showing that the sheriff knew about or authorized this activity. It is clear under the facts of the instant case that the municipal police sergeant was not performing any of the activities enumerated under section 30.09(4) when he investigated the vehicle on private property and, consequently, he was not authorized to seize the vehicle and have it moved to the police department....
...NOTES [1] Section
30.07, Florida Statutes (1987), reads as follows: Sheriffs may appoint deputies to act under them who shall have the same power as the sheriff appointing them, and for the neglect and default of whom in the execution of their office the sheriff shall be responsible. [2] Section
30.09(1)(a), Florida Statutes (1987), provides: Each deputy sheriff, appointed as aforesaid, shall be required to give bond in the penal sum of $1,000, payable to the Governor of Florida and his successors in office, with two or more good and...
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1999 WL 493014
...The plaintiffs allege, and the County does not dispute for these purposes, that upon beginning their duties, each plaintiff was issued a badge bearing the legend "deputy sheriff." The plaintiffs acknowledge that under Florida law, the County may appoint "special deputy sheriffs" with limited authority. See §
30.09, Fla. Stat. (1997); Guarantee Trust & Safe Deposit Co. v. Buddington,
23 Fla. 514, 524-25,
2 So. 885, 890 (1887). The plaintiffs contend, however, that a special deputy sheriff can only be appointed to perform the duties enumerated in subsection
30.09(4), Florida Statutes. Since serving process and writs of possession is not included in the list contained in subsection
30.09(4), and since *433 the plaintiffs have been given badges designating them as deputy sheriffs, plaintiffs argue that they must necessarily be treated as regular deputy sheriffs, not "special deputy sheriffs." We agree with the trial court's rejection of this argument....
...eriff have the authority to appoint special deputy sheriffs whose authority and function are limited to the service of civil process, assuming that the normal bonding requirements of deputy sheriffs are met? The Attorney General answered: Nothing in § 30.09(4), F.S., prohibits a sheriff from appointing special deputies for the sole purpose of serving civil process. The Attorney General explained that Fla. Stat. § 30.09(4) does not limit the appointment of special deputy sheriffs. Section 30.09 states that a sheriff may appoint special deputies for a variety of listed purposes; it does not state that deputies may be appointed only for the listed purposes....
CopyCited 4 times | Published | Supreme Court of Florida
...act committed by a deputy without cause while a prisoner was in custody following a lawful arrest. We note in passing that Posey was not brought to us for review. We have noted Fla. Stat. §
30.07 (1963), F.S.A. We call attention also to Fla. Stat. §
30.09(3) (1963), F.S.A., and Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...The court entered judgments of $666.67 for plaintiff husband and $397.08 for plaintiff wife. The plaintiffs filed a motion to vacate the judgments and requested the court to enter judgments for the full amounts of $2,000 and $1,000 respectively. This motion was denied and this appeal was then instituted. Section 30.09, Sub-section (1), of the Florida Statutes, 1961, F.S.A., provides as follows: "Each deputy sheriff, * * * shall be required to give bond in the penal sum of one thousand dollars * * * with two or more good and sufficient sureties * * *....
...y of the bond. Factually it might also be noted that the bond in this case was in the penal sum of $1,000 and it made no mention of the surety being liable for all fines and amercements imposed against the principal. It is, therefore, concluded that Section 30.09, Sub-Section (1) of the 1961 Florida Statutes, F.S.A....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 47 U.C.C. Rep. Serv. 2d (West) 374, 15 Fla. L. Weekly Fed. B 40, 2002 Bankr. LEXIS 52
White & Robert S. Summers, Uniform Commercial Code § 30-9 (4th ed.1995). If BCI, as the buyer of leases,
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...were defendants in a suit for damages alleged to result from an unlawful arrest and imprisonment. The bond is conditioned that the principal (deputy sheriff) shall faithfully perform the duties of his office, as prescribed by law, which accords with Section 30.09, Florida Statutes 1955, F.S.A....
...y a deputy sheriff was not liable in damages for the unlawful acts of the deputy sheriff done under color of his office, as distinguished from acts done by virtue of his office. The bond in question was furnished pursuant to the requirements of Sec. 30.09, F.S., F.S.A., the condition of the bond being the faithful performance by the deputy sheriff of the duties of his office....
...osition. We are not concerned with the personal liability of a deputy sheriff for torts committed colore officii, or with that of a sheriff for such torts of his deputies. We are concerned only with the contractual liability of the surety under Sec. 30.09, Florida Statutes, F.S.A., in the absence of which no bond would be required of a deputy sheriff....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
...ower as the sheriff appointing them . . . ." Florida courts have recognized that a deputy sheriff is not an ordinary employee but rather is an officer who holds his or her appointment from the sheriff and who acts as the alter ego of the sheriff. 10 Section 30.09 (4), F.S., specifically authorizes the sheriff to appoint special deputy sheriffs under a number of circumstances including: (a) On election days, to attend elections....
...thorized general deputy. (g) To serve as a parking enforcement specialist pursuant to s.
316.640 (2). 11 Thus, the law currently recognizes a number of situations in which a sheriff may appoint special deputies. Considering the expansive language of s.
30.09 (4), F.S., this office determined in AGO 73-436 that the Legislature did not intend to limit the appointment of special deputy sheriffs to only those situations specifically mentioned in the statute....
...Hardcastle,
339 So.2d 1150 (2 D.C.A. Fla., 1976). And see, AGO 53-311, November 17, 1953, Biennial Report of the Attorney General, 1953-1954, p. 24 ("[w]hile a deputy sheriff is not a public officer, he has the power to perform every function of the office of sheriff[.]) 11 Further, s.
30.09 (4), F.S., provides that: The appointment of any such special deputy sheriff in any such circumstance, except with respect to paragraph (g), may be made with full powers of arrest whenever the sheriff deems such appointment reasonable and necessary in the execution of the duties of his office....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Nov 9, 2023
c(5) (1989) (four years); N. M. Stat. Ann. § 30-9-11.F (1995) (four years); N.Y. Penal Law §§
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
interrelated, they will be answered together. Section
30.09(4), F.S., provides for the appointment of special
CopyPublished | Florida 4th District Court of Appeal
...In reviewing a ruling on a motion to suppress, we defer to the trial
court’s factual findings, but review its legal conclusions de novo. Woods
v. State,
25 So. 3d 669, 670 (Fla. 4th DCA 2010).
The officer’s appointment as a special deputy is governed by section
30.09(4)(b), Florida Statutes. That section allows special deputies to be
appointed for a number of permitted purposes, including undercover
investigative work. §
30.09(4)(b), Fla. Stat. (2016).
Section
30.09 has been interpreted as granting only specific, limited
powers to special deputies....
...that power
when he is acting beyond the scope of his role as a special deputy. See id.
at 917.
Here, the officer’s Notice of Appointment to the gang task force
specifically stated that the officer was appointed as a special deputy
pursuant to section 30.09(4)(b)....
CopyPublished | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 200, 1987 Fla. App. LEXIS 6199
...The city officer, who conducted the search in an unincorporated area of the county, was also a duly sworn and properly appointed special deputy sheriff. Nonetheless, the trial court found he had no authority to act outside of his municipal jurisdiction and was prohibited from so doing under section 30.09(4), Florida Statutes (1985)....
...a) to (g) of that section of the statute, the officer was acting outside of his jurisdiction. We agree with the State. In our opinion, exceptions (a) through (g) merely list the circumstances under which the provisions for bonds and sureties etc. of section 30.09 are not applicable....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18559
...Bien-iek’s identification card as a special deputy is signed by himself and Sheriff Heinrich and indicates that he is allowed to so act if he remains a member of the Tampa Police Department and performs his work as a special deputy in accordance with Section 30.09(4)(b), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15993
...The only one of the ten with possible authority to make an arrest in the particular jurisdiction was a Broward County deputy sheriff. However, appellant contends even the deputy sheriff was unauthorized because he had not been properly bonded pursuant to Section 30.09, Florida Statutes (1977) 1 in *855 that the County Commission of Broward County had not approved the deputy’s bond....
...The County Commission approved the bond. From time to time as new deputies are employed, if approved by the surety, they are then included within the coverage of the bond, which bond has already been approved by the County Commission. As initially enacted Section 30.09(l)(a) required individual bonds for each deputy to be approved by the County Commission....
...In 1975 the Legislature enacted subsection (l)(b) which, for the first time, authorized County Commissions to accept blanket bonds. The purpose of such an amendment would seem to obviate the necessity of the Commission’s approving on an individual basis each $1,000 bond. In our opinion the provisions of Section 30.09(l)(b) were complied with vis-a-vis deputy Ewart and thus his presence and participation in the execution of the warrant in question was sufficient to make the arrest valid. Accordingly, the judgment appealed from is affirmed. AFFIRMED. GLICKSTEIN and HURLEY, JJ., concur. . 30.09 Qualification of deputies; special deputies.— (1) BOND, SURETIES, PERFORMANCE OF SERVICES.— (a) Each deputy sheriff, appointed as aforesaid, shall be required to give bond in the penal sum of $1,000, payable to the governor of Florida and h...
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
...on against the sheriff. Any liability of the career service appeals board in exonerating and reinstating an employee who subsequently commits wrongful or negligent acts, is a judicial determination that may not be made by this office. QUESTION THREE Section 30.09 , Florida Statutes, requires deputies to give bond in the penal sum of $1,000, payable to the Governor of Florida and his successors in office, with two or more good and sufficient sureties, to be approved by the board of county commiss...
...ties for the sheriff's department. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 Section 1, Chapter 89-516, Laws of Florida, excludes from the act: the sheriff; those above the rank of lieutenant; special deputies appointed pursuant to section 30.09 (4), Florida Statutes; members of the sheriff's reserve, auxiliary, posse units, volunteers, task force members, and individuals appointed as part-time deputies, as defined by the Criminal Justice Standards and Training Commission....
CopyPublished | Florida 4th District Court of Appeal | 1979 Fla. App. LEXIS 15347
...Nevertheless, the state contends the arrest was lawful because the municipal officer had previously been attached to the county sheriff’s office in a special capacity and was then issued an identification card granting him the authority of a deputy sheriff “when assigned to specific duties.” See Section 30.09(4)(b), Florida Statutes (1977)....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15176
of a deputy sheriff as prescribed by Fla.Stat. § 30.-09(1). The pertinent part of this statute, provides:
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
guard at specified locations or areas only. Section
30.09(4) permits the appointment of special deputy
