Florida Statute 34.07 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 34
COUNTY COURTS

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34.07 Sheriff to be executive officer.—The sheriff of the county shall serve and execute all civil and criminal processes of said court and do and perform all duties in and about said court, which are required to be performed by an executive officer.

History.—s. 12, ch. 3730, 1887; RS 1575, 2838; GS 2037, 3896; RGS 3329, 5993; CGL 5173, 8287.

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Amendments to 34.07

Annotations, Discussions, Cases:

Cases Citing Statute 34.07

Total Results: 20 | Sort by: Relevance | Newest First

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Robert H. Morast v. T. Bertram Lance, 807 F.2d 926 (11th Cir. 1987).

Cited 110 times | Published | Court of Appeals for the Eleventh Circuit | 2 I.E.R. Cas. (BNA) 1230, 101 A.L.R. Fed. 361, 1987 U.S. App. LEXIS 1016

see 12 U.S.C. § 24 (Fifth); O.C.G.A. § 34-7-1 (1981), he had no constitutionally protected

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Mary D. Tipton v. Canadian Imperial Bank of Com., 872 F.2d 1491 (11th Cir. 1989).

Cited 64 times | Published | Court of Appeals for the Eleventh Circuit | 4 I.E.R. Cas. (BNA) 721, 1989 U.S. App. LEXIS 6631, 50 Empl. Prac. Dec. (CCH) 39, 028, 49 Fair Empl. Prac. Cas. (BNA) 1490, 1989 WL 42393

2 1. Salary Per Annum O.C.G.A. § 34-7-1 provides as follows: If a contract of employment

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James A. Warren v. Dave Crawford, 927 F.2d 559 (11th Cir. 1991).

Cited 63 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 4796, 1991 WL 30086

2d 316 (1973); see also Ga.Code Ann. § 34-7-1 (1988). Moreover, a public employee generally

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Michael W. Nolin v. Douglas Cnty., Earl D. Lee, 903 F.2d 1546 (11th Cir. 1990).

Cited 50 times | Published | Court of Appeals for the Eleventh Circuit | 16 Fed. R. Serv. 3d 1445, 30 Fed. R. Serv. 641, 1990 U.S. App. LEXIS 10160, 1990 WL 76486

property interest in continued employment. Section 34-7-1 of the Official Code of Georgia provides:

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Peterson v. Atlanta Hous. Auth., 998 F.2d 904 (11th Cir. 1993).

Cited 46 times | Published | Court of Appeals for the Eleventh Circuit | 26 Fed. R. Serv. 3d 1040, 1993 U.S. App. LEXIS 20982

employment will be considered "at will," see O.C.G.A. § 34-7-1 (1992),13 its impact is undercut by the lack

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Lafayette Brown, Jr. v. Georgia Dep't of Revenue, Harry White, 881 F.2d 1018 (11th Cir. 1989).

Cited 30 times | Published | Court of Appeals for the Eleventh Circuit | 14 Fed. R. Serv. 3d 514, 1989 U.S. App. LEXIS 12594, 1989 WL 88358

contract to the hospital in violation of O.C.G.A. § 34-7-1.” Id. at 589, 359 S.E.2d at 450. Wofford and

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H&r Block E. Enter., Inc. v. Morris, 606 F.3d 1285 (11th Cir. 2010).

Cited 13 times | Published | Court of Appeals for the Eleventh Circuit | 30 I.E.R. Cas. (BNA) 1257, 2010 U.S. App. LEXIS 9989, 2010 WL 1947011

Supp.2d 1358, 1376 (N.D.Ga.1998) (citing O.C.G.A. § 34-7-1). The district court did not err by granting

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Doe v. Fulton-DeKalb Hosp. Auth., 628 F.3d 1325 (11th Cir. 2010).

Cited 7 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 26412, 2010 WL 5392746

them after knowledge of incompetency." O.C.G.A. § 34-7-20.[28] "The appellate courts [of Georgia] have

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Reilly v. Alcan Aluminum Corp., 181 F.3d 1206 (11th Cir. 1999).

Cited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1999 CCH OSHD 31, 868, 1999 U.S. App. LEXIS 16539, 80 Fair Empl. Prac. Cas. (BNA) 778

“terminated at will by either party,” Ga.Code Ann. § 34-7-1, informs or . affects our analysis of this issue

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Reilly v. Alcan Aluminum Corp., 181 F.3d 1206 (11th Cir. 1999).

Cited 5 times | Published | Court of Appeals for the Eleventh Circuit | 1999 WL 506716

wrongful termination. Id. See also Ga.Code. Ann. § 34-7-1 (providing that "[a]n indefinite hiring

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Richard Reilly v. Alcan Aluminum Corp., Alcan Aluminum Ltd., 221 F.3d 1170 (11th Cir. 2000).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2000 U.S. App. LEXIS 18975, 79 Empl. Prac. Dec. (CCH) 40, 253, 2000 WL 1099171

termination. Id. See also Ga.Code. Ann. § 34-7-1 (providing that “[a]n indefinite hiring may be

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Peterson v. Atlanta Hous. Auth., 998 F.2d 904 (11th Cir. 1993).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1993 WL 290930

employment will be considered “at will,” see O.C.G.A. § 34-7-1 (1992),13 its impact is undercut by the lack

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Reilly v. Alcan Aluminum Corp., 181 F.3d 1206 (11th Cir. 1999).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit

wrongful termination. Id. See also Ga. Code. Ann. § 34-7-1 (providing that “[a]n indefinite hiring may be

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Noble Prestige Ltd. v. Craig Thomas Galle (11th Cir. 2023).

Published | Court of Appeals for the Eleventh Circuit

Argued: May 16, 2023

Commercial Code: Practitioner Treatise Se- ries § 34:7 (6th ed. 2023); accord 51 Am. Jur. 2d Liens § 79

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Adams v. Bainbridge-Decatur Cnty. Hosp. Auth., 888 F.2d 1356 (11th Cir. 1989).

Published | Court of Appeals for the Eleventh Circuit

without due process of law.22 Pursuant to O.C. G.A. § 34-7-1, the court found that an indefinite hiring in

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Meier v. State, 912 So. 2d 1277 (Fla. 2d DCA 2005).

Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 17219, 2005 WL 2863051

Fla., Code of Ordinances (1994). . See art. I, § 34-7, Pasco County, Fla., Code of Ordinances (1994)

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Wofford v. Glynn Brunswick Mem'l Hosp., 864 F.2d 117 (11th Cir. 1989).

Published | Court of Appeals for the Eleventh Circuit

be terminated at will by either party, O.C.G.A. § 34-7-1, and an employer may discharge an at-will employee

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Fox v. Fratello, 308 So. 2d 581 (Fla. Dist. Ct. App. 1975).

Published | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14546

...Thereafter, at a second meeting held on May 7, 1973, the resultant ordinance was submitted to the full five-member commission for final adoption and was unanimously passed. Now the difficulty arises herein because of ambiguities patent in the applicable provisions of the city code. Section 34.07(6) thereof provides for the public hearing aforesaid. Paragraph (d) of that subsection provides: “The public hearing shall be held and the city commission shall rule upon the proposed [annexation and zoning] at the conclusion of the public hearing:” (Italics ours.) The next following subsection, § 34.07(7), relating to the eventuality of protests, provides : “In case . . . of a protest against such [proposal] . . . [it] shall not become effective except by the favorable vote of three-fourths (}i) of the city commission.” (Italics ours.) Finally, the next succeeding subsection of § 34.07, i....

...more fully discuss later, we think he erred in concluding that a three-fourths vote was required at the conclusion of the public hearing, i. e., at the first stage. No matter what happened at that stage, and notwithstanding that subparagraph (d) of § 34.07(6) of the code, supra, provides that the city commission “shall rule” upon the proposed amendment or change “at the conclusion” thereof, such ruling would not be “effective” as an annexation or zoning in any event until it was reduced to ordinance as provided by subsection (8) of § 34.07, supra....

...d in ordinance form for final passage or adoption thereof at the second stage of the proceedings. The presence of a mere quorum and three *583 votes are all that is necessary for that purpose. 1 We now hold that the three-fourths vote required under § 34.07(7), supra, to make the annexation and zoning proposal “effective” must be of the full city commission....

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Jane Doe No. 1 v. Fulton-Dekalb Hosp. Auth. (11th Cir. 2010).

Published | Court of Appeals for the Eleventh Circuit

25 knowledge of incompetency.” O.C.G.A. § 34-7-20.28 “The appellate courts [of Georgia] have

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Knight v. Chief Judge of Florida's Twelfth Jud. Circuit, 235 So. 3d 996 (Fla. 2d DCA 2017).

Published | Florida 2nd District Court of Appeal

...ocedures and administrative plans.” Fla, R. Jud. Admin. 2.215(b)(2) (emphasis added). Pursuant to section 26.49, Florida Statutes (2016), “[t]he sheriff of the county shall be the executive officer of the circuit court of the county.” See also § 34.07, Fla....

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