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Florida Statute 870.042 | Lawyer Caselaw & Research
F.S. 870.042 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 870.042

The 2023 Florida Statutes

Title XLVI
CRIMES
Chapter 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES
View Entire Chapter
F.S. 870.042
870.042 Designation of local authority.
(1) The sheriff of each of the several counties of this state, or such other county official having the duties of a sheriff in counties operating under home rule charter, by whatever name known, shall be empowered to declare that a state of emergency exists within the unincorporated areas of the county and to exercise the emergency powers conferred in ss. 870.041-870.047.
(2) The governing body of any municipality within this state may designate by duly adopted ordinance a city official who shall be empowered to declare that a state of emergency exists within the boundaries of the municipality and to exercise the emergency powers conferred in ss. 870.041-870.047. The designated city official shall be either the mayor or chief of police or the person who performs the duties of a mayor or chief of police in such municipality. In the absence of a duly adopted ordinance so designating the official so to act, the chief of police of such municipality is designated as the city official to assume the duties and powers hereof.
History.s. 2, ch. 70-990.

F.S. 870.042 on Google Scholar

F.S. 870.042 on Casetext

Amendments to 870.042


Arrestable Offenses / Crimes under Fla. Stat. 870.042
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 870.042.



Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. 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.
    PAGE 9
  2. 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…

Cases from cite.case.law:

COOPER, v. A. DILLON,, 403 F.3d 1208 (11th Cir. 2005)

. . . Stat. ch. 870.042(2) (stating that the police chief can declare a state of emergency in the municipality . . .