2024 Florida Statutes
< Back to Statute SearchTitle V JUDICIAL BRANCH
Chapter 30
SHERIFFS
SECTION 15Powers, duties, and obligations.
30.15 Powers, duties, and obligations.—
(1) Sheriffs, in their respective counties, in person or by deputy, shall:
(a) Execute all process of the Supreme Court, circuit courts, county courts, and boards of county commissioners of this state, to be executed in their counties.
(b) Execute such other writs, processes, warrants, and other papers directed to them, as may come to their hands to be executed in their counties.
(c) Attend all sessions of the circuit court and county court held in their counties.
(d) Execute all orders of the boards of county commissioners of their counties, for which services they shall receive such compensation, out of the county treasury, as said boards may deem proper.
(e) Be conservators of the peace in their counties.
(f) Suppress tumults, riots, and unlawful assemblies in their counties with force and strong hand when necessary.
(g) Apprehend, without warrant, any person disturbing the peace, and carry that person before the proper judicial officer, that further proceedings may be had against him or her according to law.
(h) Have authority to raise the power of the county and command any person to assist them, when necessary, in the execution of the duties of their office; and, whoever, not being physically incompetent, refuses or neglects to render such assistance, shall be punished by imprisonment in jail not exceeding 1 year, or by fine not exceeding $500.
(i) Be, ex officio, timber agents for their counties.
(j) Perform such other duties as may be imposed upon them by law.
(k) Assist district school boards and charter school governing boards in complying with, or private schools in exercising options in, s. 1006.12. A sheriff must, at a minimum, provide access to a Chris Hixon, Coach Aaron Feis, and Coach Scott Beigel Guardian Program to aid in the prevention or abatement of active assailant incidents on school premises, as required under this paragraph. Persons certified as school guardians pursuant to this paragraph have no authority to act in any law enforcement capacity except to the extent necessary to prevent or abate an active assailant incident.
1.a. If a local school board has voted by a majority to implement a guardian program, the sheriff in that county shall establish a guardian program to provide training, pursuant to subparagraph 2., to school district, charter school, or private school employees, either directly or through a contract with another sheriff’s office that has established a guardian program.
b. A charter school governing board in a school district that has not voted, or has declined, to implement a guardian program may request the sheriff in the county to establish a guardian program for the purpose of training the charter school employees. If the county sheriff denies the request, the charter school governing board may contract with a sheriff that has established a guardian program to provide such training. The charter school governing board must notify the superintendent and the sheriff in the charter school’s county of the contract prior to its execution.
c. A private school in a school district that has not voted, or has declined, to implement a guardian program may request that the sheriff in the county of the private school establish a guardian program for the purpose of training private school employees. If the county sheriff denies the request, the private school may contract with a sheriff from another county who has established a guardian program to provide such training. The private school must notify the sheriff in the private school’s county of the contract with a sheriff from another county before its execution. The private school is responsible for all training and screening-related costs for a school guardian program. The sheriff providing such training must ensure that any moneys paid by a private school are not commingled with any funds provided by the state to the sheriff as reimbursement for screening-related and training-related costs of any school district or charter school employee.
d. The training program required in sub-subparagraph 2.b. is a standardized statewide curriculum, and each sheriff providing such training shall adhere to the course of instruction specified in that sub-subparagraph. This subparagraph does not prohibit a sheriff from providing additional training. A school guardian who has completed the training program required in sub-subparagraph 2.b. may not be required to attend another sheriff’s training program pursuant to that sub-subparagraph unless there has been at least a 1-year break in his or her appointment as a guardian.
e. The sheriff conducting the training pursuant to subparagraph 2. for school district and charter school employees will be reimbursed for screening-related and training-related costs and for providing a one-time stipend of $500 to each school guardian who participates in the school guardian program.
f. The sheriff may waive the training and screening-related costs for a private school for a school guardian program. Funds provided pursuant to sub-subparagraph e. may not be used to subsidize any costs that have been waived by the sheriff.
g. A person who is certified and in good standing under the Florida Criminal Justice Standards and Training Commission, who meets the qualifications established in s. 943.13, and who is otherwise qualified for the position of a school guardian may be certified as a school guardian by the sheriff without completing the training requirements of sub-subparagraph 2.b. However, a person certified as a school guardian under this sub-subparagraph must meet the requirements of sub-subparagraphs 2.c.-e.
2. A sheriff who establishes a program shall consult with the Department of Law Enforcement on programmatic guiding principles, practices, and resources, and shall certify as school guardians, without the power of arrest, school employees, as specified in s. 1006.12(3), who:
a. Hold a valid license issued under s. 790.06.
b. Complete a 144-hour training program, consisting of 12 hours of training to improve the school guardian’s knowledge and skills necessary to respond to and de-escalate incidents on school premises and 132 total hours of comprehensive firearm safety and proficiency training conducted by Criminal Justice Standards and Training Commission-certified instructors, which must include:
(I) Eighty hours of firearms instruction based on the Criminal Justice Standards and Training Commission’s Law Enforcement Academy training model, which must include at least 10 percent but no more than 20 percent more rounds fired than associated with academy training. Program participants must achieve an 85 percent pass rate on the firearms training.
(II) Sixteen hours of instruction in precision pistol.
(III) Eight hours of discretionary shooting instruction using state-of-the-art simulator exercises.
(IV) Sixteen hours of instruction in active shooter or assailant scenarios.
(V) Eight hours of instruction in defensive tactics.
(VI) Four hours of instruction in legal issues.
c. Pass a psychological evaluation administered by a psychologist licensed under chapter 490 and designated by the Department of Law Enforcement and submit the results of the evaluation to the sheriff’s office. The Department of Law Enforcement is authorized to provide the sheriff’s office with mental health and substance abuse data for compliance with this paragraph.
d. Submit to and pass an initial drug test and subsequent random drug tests in accordance with the requirements of s. 112.0455 and the sheriff’s office.
e. Successfully complete ongoing training, weapon inspection, and firearm qualification on at least an annual basis.
The sheriff who conducts the guardian training or waives the training requirements for a person under sub-subparagraph 1.g. shall issue a school guardian certificate to persons who meet the requirements of this section to the satisfaction of the sheriff, and shall maintain documentation of weapon and equipment inspections, as well as the training, certification, inspection, and qualification records of each school guardian certified by the sheriff. A person who is certified under this paragraph may serve as a school guardian under s. 1006.12(3) only if he or she is appointed by the applicable school district superintendent, charter school principal, or private school head of school.
3.a.(I) Within 30 days after issuing a school guardian certificate, the sheriff who issued the certificate must report to the Department of Law Enforcement the name, date of birth, and certification date of the school guardian.
(II) By September 1, 2024, each sheriff who issued a school guardian certificate must report to the Department of Law Enforcement the name, date of birth, and certification date of each school guardian who received a certificate from the sheriff.
b.(I) By February 1 and September 1 of each school year, each school district, charter school, and private school must report to the Department of Law Enforcement the name, date of birth, and appointment date of each person appointed as a school guardian. The school district, charter school, and private school must also report to the Department of Law Enforcement the date each school guardian separates from his or her appointment as a school guardian.
(II) By September 1, 2024, each school district, charter school, and private school must report to the Department of Law Enforcement the name, date of birth, and initial and end-of-appointment dates, as applicable, of each person appointed as a school guardian.
c. The Department of Law Enforcement shall maintain a list of each person appointed as a school guardian in the state. The list must include the name and certification date of each school guardian and the date the person was appointed as a school guardian, including the name of the school district, charter school, or private school in which the school guardian is appointed, any information provided pursuant to s. 1006.12(5), and, if applicable, the date such person separated from his or her appointment as a school guardian. The Department of Law Enforcement shall remove from the list any person whose training has expired pursuant to sub-subparagraph 1.d.
d. Each sheriff must report on a quarterly basis to the Department of Law Enforcement the schedule for upcoming school guardian trainings, including the dates of the training, the training locations, a contact person to register for the training, and the class capacity. The Department of Law Enforcement shall publish on its website a list of the upcoming school guardian trainings. The Department of Law Enforcement must update such list quarterly.
e. A sheriff who fails to report the information required by this subparagraph may not receive reimbursement from the Department of Education for school guardian trainings. Upon the submission of the required information, a sheriff is deemed eligible for such funding and is authorized to continue to receive reimbursement for school guardian training.
f. A school district, charter school, or private school that fails to report the information required by this subparagraph may not operate a school guardian program for the following school year, unless the school district, charter school, or private school has submitted the required information.
g. By March 1 and October 1 of each school year, the Department of Law Enforcement shall notify the Department of Education of any sheriff, school district, charter school, or private school that has not complied with the reporting requirements of this subparagraph.
h. The Department of Law Enforcement may adopt rules to implement the requirements of this subparagraph, including requiring additional reporting information only as necessary to uniquely identify each school guardian reported.
(2) Sheriffs, in their respective counties, in person or by deputy, shall, at the will of the board of county commissioners, attend, in person or by deputy, all meetings of the boards of county commissioners of their counties, for which services they shall receive such compensation, out of the county treasury, as said boards may deem proper.
(3) Every sheriff shall incorporate an antiracial or other antidiscriminatory profiling policy into the sheriff’s policies and practices, utilizing the Florida Police Chiefs Association Model Policy as a guide. Antiprofiling policies shall include the elements of definitions, traffic stop procedures, community education and awareness efforts, and policies for the handling of complaints from the public.
(4)(a) In accordance with each county’s obligation under s. 14, Art. V of the State Constitution and s. 29.008 to fund security for trial court facilities, the sheriff of each county shall coordinate with the board of county commissioners of that county and the chief judge of the circuit in which that county is located on the development of a comprehensive plan for the provision of security for trial court facilities. Each sheriff shall retain authority over the implementation and provision of law enforcement services associated with the plan. The chief judge of the circuit shall retain decisionmaking authority to ensure the protection of due process rights, including, but not limited to, the scheduling and conduct of trials and other judicial proceedings as part of his or her responsibility for the administrative supervision of trial courts under s. 43.26.
(b) Sheriffs and their deputies, employees, and contractors are officers of the court when providing security for trial court facilities under this subsection.
(5) As required by s. 1(d), Art. VIII of the State Constitution, there shall be an elected sheriff in each Florida county and the transfer of the sheriff’s duties to another officer or office is prohibited.
(a) Unless otherwise authorized by state law, the sheriff shall have exclusive policing jurisdiction in the unincorporated areas of each county. The sheriff’s jurisdiction and powers must run throughout the entire county regardless of whether there are incorporated cities or other independent districts or governmental entities in the county. The sheriff’s jurisdiction is concurrent with any city, district, or other law enforcement agency that has jurisdiction in a city or district.
(b) A police department or other policing entity may not be maintained or established by the county’s board of county commissioners, or any other county legislative body, to provide any policing in the unincorporated area of any county. Unless otherwise authorized by state law, only the duly elected sheriff may provide such policing and police functions in the unincorporated area of any county. A county may not contract with or engage in any manner with an incorporated city’s or district’s police department to provide any services provided by the sheriff, including policing or police functions in the unincorporated area of any county. Nothing in this paragraph affects the jurisdiction or powers of any agency of the State of Florida or the United States or prohibits mutual aid agreements between the sheriff and any other police department.
(6) Any information held by the Department of Law Enforcement, a law enforcement agency, a school district, or a charter school that would identify whether a person has been certified to serve as a school guardian is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2029, unless reviewed and saved from repeal through reenactment by the Legislature.
History.—s. 14, ch. 4, 1845; ss. 1, 4, ch. 157, 1848; s. 9, ch. 1626, 1868; ss. 1, 2, ch. 1659, 1868; RS 650, 651, 653, 1241, 1242, 2583; GS 991, 992, 994, 1670, 1671, 3503; RGS 1804, 1805, 1807, 2875, 2876, 5388; CGL 2856, 2857, 2859, 4572, 4573, 7527; s. 4, ch. 22790, 1945; s. 4, ch. 73-334; s. 1, ch. 91-95; s. 179, ch. 95-147; s. 2, ch. 2001-264; s. 5, ch. 2013-25; s. 5, ch. 2018-3; s. 9, ch. 2019-3; s. 1, ch. 2019-22; s. 1, ch. 2020-100; s. 2, ch. 2023-18; s. 1, ch. 2023-156; s. 1, ch. 2024-155; s. 1, ch. 2024-156.
Note.—Former ss. 144.01-144.03, 30.16.