Florida Statute 30.53 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 30
SHERIFFS

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F.S. 30.53

30.53 Independence of constitutional officials.—The independence of the sheriffs, including a sheriff in a consolidated government, consolidated pursuant to s. 3 or s. 6(e), Art. VIII of the State Constitution or s. 9, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution, shall be preserved concerning the purchase and procurement of supplies and equipment, selection of personnel, and the hiring, firing, and setting of salaries of such personnel; provided that nothing herein contained shall restrict the establishment or operation of any civil service system or civil service board created pursuant to s. 14, Art. III of the State Constitution; provided further that nothing contained in ss. 30.48-30.53 shall be construed to alter, modify, or change in any manner any civil service system or board, state or local, now in existence or hereafter established.

History.—s. 7, ch. 57-368; s. 36, ch. 69-216; s. 2, ch. 2024-120.

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Amendments to 30.53

Annotations, Discussions, Cases:

Cases Citing Statute 30.53

Total Results: 25

Abusaid v. Hillsborough County Board of County Commissioners

405 F.3d 1298, 2005 U.S. App. LEXIS 6341, 2005 WL 858296

Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 2005 | Docket: 213078

Cited 60 times | Published

salaries of such personnel .... ” Id. § 30.53. Accordingly, as to these day-to-day operations

Lucas v. O'loughlin

831 F.2d 232, 1987 U.S. App. LEXIS 14421

Court of Appeals for the Eleventh Circuit | Filed: Nov 2, 1987 | Docket: 977435

Cited 32 times | Published

AFFIRMED. 1 Section 30.53, Fla.Stat. (1985) provides in pertinent part

Ison v. Zimmerman

372 So. 2d 431

Supreme Court of Florida | Filed: May 3, 1979 | Docket: 1325151

Cited 25 times | Published

"not elected or appointed by the governor." Section 30.53, Florida Statutes (1977), reads: *435 Independence

Morley's Auto Body, Inc. v. Hunter

70 F.3d 1209

Court of Appeals for the Eleventh Circuit | Filed: Feb 27, 1996 | Docket: 1230210

Cited 15 times | Published

power. Fla.Stat.Ann. Sec. 30.15 (West 1988). Section 30.53 preserves the independence of sheriffs "concerning

O'Loughlin v. Pinchback

579 So. 2d 788, 1991 WL 75590

District Court of Appeal of Florida | Filed: May 8, 1991 | Docket: 1728694

Cited 14 times | Published

Pinchback served at the will of the sheriff. Section 30.53, Florida Statutes, provides in pertinent part:

Szell v. Lámar

414 So. 2d 276

District Court of Appeal of Florida | Filed: May 26, 1982 | Docket: 2450892

Cited 11 times | Published

particular officer for failure of law enforcement. Section 30.53, Florida Statutes (1981); Tanner v. McCall,

McRae v. Douglas

644 So. 2d 1368, 1994 WL 531272

District Court of Appeal of Florida | Filed: Sep 30, 1994 | Docket: 1672155

Cited 8 times | Published

correctional officers, are "at will" employees. Section 30.53, Florida Statutes, provides: The independence

Hufford v. Rodgers

912 F.2d 1338, 1990 WL 128215

Court of Appeals for the Eleventh Circuit | Filed: Sep 25, 1990 | Docket: 66257858

Cited 7 times | Published

day-to-day operations of their office. See e.g., § 30.53, Fla.Stat. (1987) (statute preserves the independence

Demings v. Orange County Citizens Review Board

15 So. 3d 604, 2009 Fla. App. LEXIS 6554, 2009 WL 1490778

District Court of Appeal of Florida | Filed: May 29, 2009 | Docket: 1661059

Cited 5 times | Published

dispose of complaints against his personnel. Section 30.53, Florida Statutes, also preserves the Sheriff's

Samarco v. Neumann

44 F. Supp. 2d 1276, 1999 U.S. Dist. LEXIS 2648, 1999 WL 137743

District Court, S.D. Florida | Filed: Mar 4, 1999 | Docket: 2433706

Cited 5 times | Published

concerning the Palm Beach County Sheriff's Office. See § 30.53, Fla.Stat.; Brevard County v. Miller, 452 So.2d

Wilkerson v. Butterworth

492 So. 2d 1169, 11 Fla. L. Weekly 1787

District Court of Appeal of Florida | Filed: Aug 13, 1986 | Docket: 478455

Cited 4 times | Published

particular officer for failure of law enforcement. Section 30.53, Florida Statutes (1981); Tanner v. McCall,

Brevard County v. Miller

452 So. 2d 1104

District Court of Appeal of Florida | Filed: Jul 12, 1984 | Docket: 1517632

Cited 4 times | Published

officer for failure of law enforcement. *1107 Section 30.53, Florida Statutes (1981); Tanner v. McCall,

Morley's Auto Body, Inc. v. Hunter

70 F.3d 1209, 1995 WL 707460

Court of Appeals for the Eleventh Circuit | Filed: Dec 18, 1995 | Docket: 1118629

Cited 2 times | Published

power. Fla.Stat. Ann. § 30.15 (West 1988). Section 30.53 preserves the independence of sheriffs “concerning

Alachua County, etc. v. Clovis Watson, Jr., etc.

Supreme Court of Florida | Filed: Jan 27, 2022 | Docket: 62631941

Published

291. More to the point at issue here, section 30.53, entitled “Independence of constitutional officials

Alachua County, a charter county and political subdivision of the State of Florida v. Sadie Darnell, in her official capacity as Sheriff of Alachua County, Florida

District Court of Appeal of Florida | Filed: Sep 20, 2019 | Docket: 16222659

Published

constitutional officer. Art. VIII, § 1(d), Fla. Const.; § 30.53, Fla. Stat. (2018). Section 30.49, Florida Statutes

Jeffrey Stanley v. Broward County Sheriff

843 F.3d 920, 41 I.E.R. Cas. (BNA) 1457, 2016 U.S. App. LEXIS 22214, 2016 WL 7229745

Court of Appeals for the Eleventh Circuit | Filed: Dec 14, 2016 | Docket: 4553005

Published

setting of salaries of such personnel.” Id. at § 30.53. This independence extends to sheriffs acting in

Ago

Florida Attorney General Reports | Filed: Jul 20, 2006 | Docket: 3256783

Published

independence from the counties in making purchases. Section 30.53, Florida Statutes provides: "The independence

Capsalis v. Worch

902 F. Supp. 227, 1995 U.S. Dist. LEXIS 15469, 1995 WL 613787

District Court, M.D. Florida | Filed: Apr 14, 1995 | Docket: 297161

Published

at 436. Upon further review of Florida Statute § 30.53, additional case law, and Special Law 89-508, the

Ago

Florida Attorney General Reports | Filed: Aug 23, 1994 | Docket: 3258905

Published

the appellant and the sheriff."2 (e.s.) While section 30.53, Florida Statutes, preserves the independence

Ago

Florida Attorney General Reports | Filed: Dec 17, 1993 | Docket: 3257847

Published

enforcement officer of the county."2 Further, section 30.53, Florida Statutes, specifically provides that

Lucas v. O'Loughlin

831 F.2d 232

Court of Appeals for the Eleventh Circuit | Filed: Nov 2, 1987 | Docket: 66230204

Published

reinstatement to the plaintiff is AFFIRMED. . Section 30.53, Fla.Stat. (1985) provides in pertinent part

Ago

Florida Attorney General Reports | Filed: Oct 20, 1978 | Docket: 3255936

Published

independence from the counties in making purchases. Section 30.53, F. S., provides in pertinent part: The

Weitzenfeld v. Dierks

312 So. 2d 194, 1975 Fla. LEXIS 3925

Supreme Court of Florida | Filed: Mar 12, 1975 | Docket: 64546070

Published

as violate the precept established by F.S. Section 30.53 and, in practical effect, gain nothing for the

Ago

Florida Attorney General Reports | Filed: Dec 23, 1974 | Docket: 3258797

Published

discharge, and compensation of personnel. (Fla. Stat. 30.53)." [See] 29A Fla. Jur. Sheriffs s. 15. The

United States v. Malphurs

46 F. Supp. 903, 1942 U.S. Dist. LEXIS 2416

District Court, S.D. Florida | Filed: Oct 2, 1942 | Docket: 66138800

Published

Emergency Relief Appropriation Act of June 30, 1939, § 30, 53 Stat. 927, 937, Chap. 252, 15 U.S.C.A. §§ 721-728