The 2023 Florida Statutes
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Next, Irons alleges that Officer Patton was a final policymaker for the City due to his rank as sergeant and position as a shift supervisor, or, in the alternative, that he was a final policymaker because his actions were not immediately or effectively reviewable. "[W]hether a particular official has 'final policymaking authority' is a question of state law." Prapotnik, 485 U.S. at 123 (citations omitted). As the Eleventh Circuit has observed, Florida state law indicates that "police chiefs in Florida have final policymaking authority in their respective municipalities for law enforcement matters." Cooper v. Dillon, 403 F.3d 1208, 1222 (11th Cir. 2005) (citing FLA. STAT. §§ 166.049, 870.042(2)). Further, the argument that a patrol sergeant is a final policymaker for the City is implausible on its face. Iqbal, 556 U.S. at 678. Certainly, Officer Patton had some decision-making duties as a shift supervisor, but it cannot be inferred that his actions "may fairly be said to represent official [municipal] policy."Monell, 436 U.S. at 694.First, state law demonstrates that Dillon was the ultimate policymaker for police procedure in the City of Key West. The Florida Constitution provides that "[m]unicipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government," Fla. Const. art. VIII, § 2(b), and the Florida Constitution was amended to confer such municipal powers on the City of Key West, see id. at art. VIII, § 6(e). Based on this grant of power, the City of Key West adopted a Code of Ordinances which established that the police chief has final policymaking authority for police procedure in the City of Key West. See Key West, Fla., Code of Ordinances § 4.05 (establishing position of police chief as the "head" of the police department and giving him "exclusive control of the stationing and transfer" of police officers). Aside from the powers given to the police chief by Key West ordinance pursuant to the delegation of municipal power in the Florida Constitution, there are other indicia in state law that police chiefs in Florida have final policymaking authority in their respective municipalities for law enforcement matters. See Fla. Stat. ch. 166.049 (declaring… . . . Stat. ch. 870.042(2) (stating that the police chief can declare a state of emergency in the municipality . . .