Florida Statutes

Fla. Stat. § 30.09 (2025)

Qualification of deputies; special deputies.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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30.09 Qualification of deputies; special deputies.
(1) BOND, SURETIES, PERFORMANCE OF SERVICES.
(a) Each deputy sheriff who is appointed shall give bond as required by the board of county commissioners. The amount of the bond and the bond must be approved by the board of county commissioners. The bond must be filed with the clerk of the circuit court and be conditioned upon the faithful performance of the duties of his or her office. A deputy sheriff may not perform any services as deputy until he or she subscribes to the oath prescribed for sheriffs. Sureties are liable for all fines and amercements imposed upon their principal.
(b) The board of county commissioners of any county may accept a blanket surety bond issued by a solvent surety company authorized to do business in this state, conditioned upon the faithful performance of the duties of the deputy sheriffs appointed by a sheriff, in a sum to be fixed by the board of county commissioners. If such a blanket surety bond is accepted, individual surety bonds for each deputy sheriff are not necessary. The cost of the blanket bond must be paid by the appropriate sheriff’s department. Sureties are liable for all fines and amercements imposed upon their principals under the provisions of the blanket bond.
(2) SURETY COMPANIES.The requisite of two sureties and justification of same does not apply when surety is by a solvent surety company authorized to do business in this state.
(3) LIABILITY OF SHERIFF.The giving of such bond by a deputy does not relieve the sheriff of the liability for the acts of his or her deputies.
(4) EXCEPTIONS.This section does not apply to the appointment of special deputy sheriffs appointed by the sheriff:
(a) To attend elections on election days.
(b) To perform undercover investigative work.
(c) For specific guard or police duties in connection with public sporting or entertainment events, not to exceed 30 days; or for watch or guard duties, when serving in such capacity at specified locations or areas only.
(d) For special and temporary duties, without power of arrest, in connection with guarding or transporting prisoners.
(e) To aid in preserving law and order, or to give necessary assistance in the event of any threatened or actual hurricane, fire, flood, or other natural disaster, or in the event of any major tragedy such as an act of local terrorism or a national terrorism alert, an airplane crash, a train or automobile wreck, or a similar accident.
(f) To raise the power of the county, by calling bystanders or others, to assist in quelling a riot or any breach of the peace, when ordered by the sheriff or an authorized general deputy.
(g) To serve as a parking enforcement specialist pursuant to s. 316.640(2).

The appointment of a special deputy sheriff in any such circumstance, except with respect to paragraph (g), may be made with full powers of arrest when the sheriff considers such appointment reasonable and necessary in the execution of the duties of his or her office. Except under circumstances described in paragraphs (a), (e), (f), and (g), the appointees must possess at least the minimum requirements established for law enforcement officers by the Criminal Justice Standards and Training Commission. The appointment of any such special deputy sheriff must be recorded in a register maintained for such purpose in the sheriff’s office, showing the terms and circumstances of such appointment.

(5) REMOVAL FOR VIOLATION.A violation of this section subjects the offender to removal by the Governor.
History.ss. 1, 2, 3, 4, 6, ch. 6478, 1913; RGS 2883; CGL 4580; s. 2, ch. 22790, 1945; s. 1, ch. 57-93; s. 1, ch. 72-307; s. 1, ch. 75-100; s. 1, ch. 79-246; s. 14, ch. 79-400; s. 3, ch. 83-167; s. 5, ch. 87-224; s. 175, ch. 95-147; s. 13, ch. 98-34; s. 1, ch. 2002-193.
Notes of Decisions
Cited in 11 cases, 1958–2018 · leading case: Ramer v. State, 530 So. 2d 915 (Fla. 1988).
Ramer v. State, 530 So. 2d 915 (Fla. 1988). · cites it 13× “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.”
Holloway v. State, 342 So. 2d 966 (Fla. 1977). · cites it 6× “The trial court deemed the arrest to have been illegal and suppressed the tangible evidence and statements obtained through it.”
Masson v. Miami-Dade Cnty., 738 So. 2d 431 (Fla. 3d DCA 1999). · cites it 9× “The Attorney General explained that Fla. Stat. § 30.09 (4) does not limit the appointment of special deputy sheriffs.”
Mendez v. Blackburn, 226 So. 2d 340 (Fla. 1969). · cites it 2× “Actually they add little to the rule of the common law announced by this Court in Swenson v.”
State v. Carson, 374 So. 2d 621 (Fla. 4th DCA 1979). · cites it 2× “” See Section 30.09(4)(b), Florida Statutes (1977).”
Worden v. Hunt, 147 So. 2d 548 (Fla. 2d DCA 1962). · cites it 2× “Section 30.09, Sub-section (1), of the Florida Statutes, 1961, F.”
State v. Ramer, 501 So. 2d 52 (Fla. 4th DCA 1987). · cites it 3× “-09(4) lists all of the circumstances under which special deputies can act and ruling that because the city officer'was not performing any of the items listed under paragraphs (a) to (g) of that section of the statute, the officer was acting outside of his jurisdiction. We agree…”
State v. Campbell, 427 So. 2d 765 (Fla. 2d DCA 1983). · cites it 2× “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…”
Michael Biondi v. State of Florida, 240 So. 3d 769 (Fla. 4th DCA 2018). · cites it 6× “Section 30.09 has been interpreted as granting only specific, limited powers to special deputies.”
Walker v. United States Fid. & Guar. Co., 101 So. 2d 437 (Fla. 1st DCA 1958). · cites it 2× “This is an appeal from an order dismissing the surety on the official bonds of two deputy sheriffs who, with the surety, were defendants in a suit for damages alleged to result from an unlawful arrest and imprisonment.”
Wintemberg v. State, 378 So. 2d 854 (Fla. 4th DCA 1979). · cites it 4× “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.”
— 30.09(1) — 1 case
Holloway v. State, 342 So. 2d 966 (Fla. 1977). “The trial court deemed the arrest to have been illegal and suppressed the tangible evidence and statements obtained through it.”
— 30.09(1)(a) — 2 cases
Ramer v. State, 530 So. 2d 915 (Fla. 1988). “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.”
Holloway v. State, 342 So. 2d 966 (Fla. 1977). “The trial court deemed the arrest to have been illegal and suppressed the tangible evidence and statements obtained through it.”
— 30.09(4) — 3 cases
Ramer v. State, 530 So. 2d 915 (Fla. 1988). “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.”
Masson v. Miami-Dade Cnty., 738 So. 2d 431 (Fla. 3d DCA 1999). “The Attorney General explained that Fla. Stat. § 30.09 (4) does not limit the appointment of special deputy sheriffs.”
State v. Ramer, 501 So. 2d 52 (Fla. 4th DCA 1987). “-09(4) lists all of the circumstances under which special deputies can act and ruling that because the city officer'was not performing any of the items listed under paragraphs (a) to (g) of that section of the statute, the officer was acting outside of his jurisdiction. We agree…”
— 30.09(4)(b) — 4 cases
Ramer v. State, 530 So. 2d 915 (Fla. 1988). “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.”
State v. Carson, 374 So. 2d 621 (Fla. 4th DCA 1979). “” See Section 30.09(4)(b), Florida Statutes (1977).”
State v. Campbell, 427 So. 2d 765 (Fla. 2d DCA 1983). “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…”
Michael Biondi v. State of Florida, 240 So. 3d 769 (Fla. 4th DCA 2018). “Section 30.09 has been interpreted as granting only specific, limited powers to special deputies.”
— 30.09(l)(a) — 1 case
Wintemberg v. State, 378 So. 2d 854 (Fla. 4th DCA 1979). “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.”
— 30.09(l)(b) — 1 case
Wintemberg v. State, 378 So. 2d 854 (Fla. 4th DCA 1979). “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.”
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