Florida Statutes
Fla. Stat. § 30.53 (2025)
Independence of constitutional officials.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 19
cases (4 in the last 5 years), 1975–2023 · leading case: Ison v. Zimmerman, 372 So. 2d 431 (Fla. 1979).
Ison v. Zimmerman, 372 So. 2d 431 (Fla. 1979). “" Section 30.53, Florida Statutes (1977), reads: *435 Independence of sheriffs shall be preserved concerning .”
Abusaid v. Hillsborough Cnty. Bd. of Cnty. Commissioners, 405 F.3d 1298 (11th Cir. 2005). “1982) (citing Fla. Stat. § 30.53 ); see also Blackburn, 70 So.”
McRae v. Douglas, 644 So. 2d 1368 (Fla. 5th DCA 1994). “, 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 hoard created pursuant to s.”
O'Loughlin v. Pinchback, 579 So. 2d 788 (Fla. 1st DCA 1991). “Section 30.53, Florida Statutes, provides in pertinent part: The independence of the sheriffs shall be preserved concerning .”
Szell v. Lámar, 414 So. 2d 276 (Fla. 5th DCA 1982). “The sheriff has absolute control over the selection and retention of deputies in order that law enforcement be centralized in the county, and in order that the people be able to place responsibility upon a particular officer for failure of law enforcement.”
Demings v. Orange Cnty. Citizens Review Bd., 15 So. 3d 604 (Fla. 5th DCA 2009). “Section 30.53, Florida Statutes, also preserves the Sheriff’s independence in selecting, retaining, or firing personnel and setting salaries.”
Samarco v. Neumann, 44 F. Supp. 2d 1276 (S.D. Fla. 1999). “See § 30.53, Fla.Stat.; Brevard County v. Miller, 452 So.”
Brevard Cnty. v. Miller, 452 So. 2d 1104 (Fla. 5th DCA 1984). “*1107 Section 30.53, Florida Statutes (1981); Tanner v.”
Wilkerson v. Butterworth, 492 So. 2d 1169 (Fla. 4th DCA 1986). “Section 30.53, Florida Statutes (1981); Tanner v.”
Hufford v. Rodgers, 912 F.2d 1338 (11th Cir. 1990). “(1987) (county may designate the sheriff as the chief correctional officer for the county correctional system).”
Capsalis v. Worch, 902 F. Supp. 227 (M.D. Fla. 1995). “” Fla.Stat. 30.53 (1991). This mandate by the Florida Legislature granting such broad control to the County Sheriff must not be easily overlooked.”
Weitzenfeld v. Dierks, 312 So. 2d 194 (Fla. 1975). “Section 30.53 and, in practical effect, gain nothing for the county.”
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