Florida Statutes
Fla. Stat. § 30.2905 (2025)
Program to contract for employment of off-duty deputies for security services.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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30.2905 Program to contract for employment of off-duty deputies for security services.—
(1) A sheriff may operate or administer a program to contract for the employment of sheriff’s deputies, during off-duty hours, for public or private security services.
(2)(a) Any such public or private employer of a deputy sheriff shall be responsible for the acts or omissions of the deputy sheriff while performing services for that employer while off duty, including workers’ compensation benefits.
(b) However, for the workers’ compensation purposes of this section:
1. A deputy sheriff so employed who sustains an injury while enforcing the criminal, traffic, or penal laws of this state shall be regarded as working on duty.
2. The term “enforcing the criminal, traffic, or penal laws of this state” shall be interpreted to include, but is not limited to, providing security, patrol, or traffic direction for a private or public employer.
3. A sheriff may include the sheriff’s proportionate costs of workers’ compensation premiums for the off-duty deputy sheriffs providing such services.
(3) Deputy sheriffs employed during off-duty hours pursuant to the provisions of this section are exempt from the licensure requirements of chapter 493 for persons who watch or guard, patrol services, or private investigators.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 2013–2021 · leading case: Blue Martini Kendall, LLC v. Miami Dade Cnty. Florida, 816 F.3d 1343 (11th Cir. 2016).
Blue Martini Kendall, LLC v. Miami Dade Cnty. Florida, 816 F.3d 1343 (11th Cir. 2016). “After thorough review, we hold that Fla. Stat. § 30.2905 reasonably serves a variety of legitimate governmental interests, easily passes rational basis scrutiny, and, therefore, does not violate the due process clause.”
Peoples Gas Sys. v. Posen Constr., Inc., 323 F. Supp. 3d 1362 (M.D. Fla. 2018). “Second, there is no indirect language creating an obligation of indemnification, such as in Fla. Stat. § 30.2905 , which provides: "Any such public or private employer of a deputy sheriff shall be responsible for the acts or omissions of the deputy sheriff while performing…”
Peoples Gas Sys. v. Posen Constr., Inc., 931 F.3d 1337 (11th Cir. 2019). “2013) (finding that Fla. Stat. § 30.2905 (2)(a), providing that any "public or private employer of a deputy sheriff shall be responsible for the acts or omissions of the deputy sheriff while performing services for that employer while off duty," is broad enough to create an…”
Martinez v. Miami-Dade Cnty., 975 F. Supp. 2d 1293 (S.D. Fla. 2013). “31; (2) Miami-Dade County is entitled to indemnification from Blue Martini pursuant to Florida Statute, section 30.2905; and (3) Blue Martini’s failure to indemnify is in bad faith which entitles Miami-Dade County to punitive and compensatory damages.”
Martinez v. Miami-Dade Cnty., 32 F. Supp. 3d 1232 (S.D. Fla. 2014). “Prior to filing the cross-claim, the County demanded that Blue *1236 Martini Kendall, LLC indemnify the County in accordance with the provisions of Florida Statute, section 30.2905. (DE-109-1, Ex. B.) On October 11, 2012, Blue Martini Kendall, LLC denied the County’s request for…”
Peoples Gas Sys., etc. v. Posen Constr., Inc., etc. (Fla. 2021). “See § 30.2905(2)(a), Fla. Stat. (2011); § 607.”
— 30.2905(2)(a) — 1 case
Peoples Gas Sys., etc. v. Posen Constr., Inc., etc. (Fla. 2021). “See § 30.2905(2)(a), Fla. Stat. (2011); § 607.”
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