The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 30
SHERIFFS

View Entire Chapter

F.S. 30.076

30.076 Appeal.—

(1) The sheriff may not terminate a regularly appointed deputy sheriff for exercising lawful off-duty political rights.

(2) The review board shall be utilized to make the determination as to whether or not the termination of a deputy sheriff was politically or discriminatorily motivated.

(3)(a) A deputy sheriff must make a request for a hearing in writing to the deputy sheriff’s immediate supervisor within 10 working days after the deputy sheriff receives notice of termination for off-duty political activity. The request must contain a brief statement of the matters to be considered by the review board and the names of the two law enforcement officers selected to serve on the board.

(b) The immediate supervisor shall forward the request for hearing to the sheriff and the appropriate division commander without delay. The review board shall be empaneled and a hearing date scheduled within 10 working days of receipt. The rules of evidence applicable to administrative hearings under chapter 120 apply to the hearing.

(c) The sheriff has the burden of proving the appropriateness of the termination by the preponderance of evidence. The sheriff or the sheriff’s appointed representative must present evidence in support of the termination.

(d) The deputy sheriff has the right to be present, to present his or her case, to explain or defend his or her position, and to cross-examine each witness or complainant.

(e) The deputy sheriff has the right to be represented during the hearing by counsel or other representative of choice.

(f) The deputy sheriff shall not discuss the matter before the review board except through its chairperson.

(g) The sheriff may offer rebuttal evidence, and the review board may hear argument from both parties in support of the evidence presented.

(h) The chairperson of the review board shall, through the appropriate chain of command, give written notice to each witness of the date, time, and place of the hearing.

(i) The review board shall confine its deliberation to the evidence presented. The board shall have 10 working days within which to make its findings. The findings of the board are binding on the parties. If the board finds that action on appeal is justified, it may recommend an alternative action.

(j) A decision of the review board must be made by a majority vote of its members.

(k) Each complaint shall receive a separate finding and recommendation by a majority of the review board. Each finding shall take into consideration the seriousness of the complaint, any extenuating circumstances, and the tenure and past conduct record of the deputy sheriff. The board shall submit to the sheriff its written findings of fact and recommendations within 10 working days after the hearing.

(l) The sheriff shall notify the deputy sheriff of the final recommendations of the review board and the reasons therefor.

(m) If the sheriff’s action on appeal is not sustained, the deputy sheriff shall be reinstated without prejudice or penalty.

(n) All proceedings of the review board shall be recorded and retained by the Internal Affairs Bureau. Rest periods shall be duly noted and there shall be no unrecorded questions or statements by a party or witness. Recordings shall be properly marked and identified before filing.

History.—s. 7, ch. 94-143; s. 1329, ch. 95-147; s. 3, ch. 95-155.

F.S. 30.076 on Google Scholar

F.S. 30.076 on Casetext

Amendments to 30.076

Arrestable Offenses / Crimes under Fla. Stat. 30.076

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 30.076.

Annotations, Discussions, Cases:

Cases from cite.case.law:

R. LOPEZ, v. GIBSON,, 324 F. Supp. 3d 1239 (M.D. Fla. 2018)

. . . Lopez complains that the CSAB's procedures failed to adhere to Florida Statutes § 30.076's due process . . . However, § 30.076 does not apply to Lopez's appeal of his demotion and suspension. . . . Section 30.076(1) applies only to appeals of terminations, not demotions. . . . Lopez attempts to bridge this gap by insisting that § 30.076 applies to terminations of promotions as . . . Lopez's importation of the broad "termination" definition from § 30.073(3) to avail himself of § 30.076 . . .

YORK, v. MASCARA, St., 125 So. 3d 219 (Fla. Dist. Ct. App. 2013)

. . . Office to either reinstate him or afford him a hearing before the review board, pursuant to section 30.076 . . . Sections 30.073(5) and 30.076(1) prohibit the termination of a deputy sheriff for lawful off-duty political . . . Section 30.076 affords a terminated deputy the right to a hearing before a review board to challenge . . . See § 30.076(2), Fla. Stat. . . .

WHITE, v. STATE, 102 So. 3d 702 (Fla. Dist. Ct. App. 2012)

. . . But the written sentencing documents impose a term of 30.076 months’ imprisonment, the term White had . . .

FALK, v. J. SCOTT,, 19 So. 3d 1103 (Fla. Dist. Ct. App. 2009)

. . . was correct in determining that the Sheriff had the burden of proof, it erroneously relied on section 30.076 . . .

J. McDOUGALL, v. D. VAN HOUSE,, 801 So. 2d 118 (Fla. Dist. Ct. App. 2001)

. . . violated Van House’s due process rights for two primary reasons: the procedures set forth in section 30.076 . . . Section 30.076(1) specifies that “[t]he sheriff may not terminate a regularly appointed deputy sheriff . . . Section 30.076(2) states that “[t]he review board shall be utilized to make the determination as to whether . . . requiring McDougall to prove just cause and by otherwise failing to follow certain provisions of section 30.076 . . . court did not adequately take into account the limitation language contained in sections 30.075 and 30.076 . . .