Chapter 37 - OFFICE OF THE SHERIFF

Sec. 35.103. - Powers and duties of Director. Chapter 38 - MEDICAL EXAMINER'S OFFICE Chapter 37 - OFFICE OF THE SHERIFF[1]

Footnotes: --- (1) ---

Charter reference— Sheriff, art. 8; recall by voters, § 15.01; civil service, art. 17; collective bargaining for public employees, § 19.201 et seq.

Cross reference— Police and firefighters' pension plan, Ch. 121.

State Law reference— Sheriffs generally, F.S. Ch. 30; service of process by sheriff, F.S. § 48.021; law enforcement and correctional officers generally, F.S. § 112.531 et seq.; training of law enforcement and correctional officers, F.S. § 943.085 et seq.; jails and jailers, F.S. Ch. 950; County and municipal prisoners, F.S. Ch. 951.

State rule reference—Police training and standards, F.A.C. Ch. 11B-1 et seq.

PART 1. - ORGANIZATION

Sec. 37.101. - Sheriff's powers and duties.

The Sheriff shall be the chief executive officer of the Sheriff's Office and have the following powers and duties:

(a)

To prescribe rules and regulations for the organization, control, duties, personal and professional conduct, both on and off duty, and discipline of the members of the Sheriff's Office and the civilian employees of the Sheriff's Office, not in conflict with the personnel rules and regulations.

(b)

To enforce all laws and the rules and regulations of the Sheriff's Office.

(c)

To have authority over members of the Sheriff's Office and civilian employees of the Sheriff's Office and to be responsible for the performance of their duties.

(d)

To be the sole appointing authority for members of the Sheriff's Office and civilian employees of the Sheriff's Office, subject to the civil service laws applicable to the City.

(e)

To have the sole power, duty and responsibility to assign the various members of the Sheriff's Office and to prescribe and fix their particular places of duty.

(f)

To transfer members of the Sheriff's Office between divisions, if the transfer is to a position of the same rank or between the lowest rank in each division and without a decrease in salary of the transferee.

(g)

To appoint department directors, divisions chiefs, section commanders, and such other personnel authorized by Section 37.102 herein.

(h)

To suspend members of the Sheriff's Office without pay for disciplinary reasons.

(i)

To dismiss, without cause, a member of the Sheriff's Office who has not served over one year and a civilian employee of the Sheriff's Office who has not served over six months, without a right of hearing to the party dismissed.

(j)

To transfer, without further Council confirmation, the appointed department directors between departments when it is deemed necessary and essential to the efficient operation of the Sheriff's Office.

(k)

To transfer, without further Council confirmation, the appointed division chiefs between divisions when it is deemed necessary and essential to the efficient operation of the Sheriff's Office.

(l)

To transfer the appointed section commanders between sections when it is deemed necessary and essential to the efficient operation of the Sheriff's Office.

(m)

To make and enter into cooperative agreements in connection with the Sheriff's management, operation, and control of law enforcement and traffic safety within the consolidated government in order to promote the health and general welfare of persons in Jacksonville, Florida, without further City Council authorization; provided however such agreements:

(1)

Are entered into with (i) other federal, state and local governmental agencies or local independent authorities; (ii) not-for-profit corporations; or (iii) for-profit entities which are providing the Sheriff's Office access, for the purposes described herein, to certain intangible, tangible or real property owned or operated by the for-profit corporation;

(2)

Are not entered into for the purpose of procuring goods or services from for-profit entities;

(3)

Do not require additional funding from the City;

(4)

Do not require the City to indemnify or hold harmless a third party beyond existing statutory and common law obligations;

(5)

Provide for termination at will upon 90-day notice clauses;

(6)

Contain, near the signature block, reference to this subsection as the authority for the Sheriff to make and execute same;

(7)

Are reviewed and approved as to form, by the Office of General Counsel; and that

(8)

A fully signed and executed copy or duplicate original thereof is maintained by the Office of General Counsel; and that

(9)

The Sheriff maintains a depository, log and record of all such agreements.

(n)

To have authority and responsibility for the fiscal management of the Sheriff's Office.

(Ord. 68-31-20, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 91-1093-582, § 1; Ord. 95-618-397, § 8; Ord. 2003-590-E, § 1; Ord. 2010-146-E, § 2; Ord. 2021-715-E, § 1; Ord. 2024-634-E, § 2)

Note— Former § 24.101.

Sec. 37.102. - Unclassified appointments.

(a)

The Undersheriff, department directors, and division chiefs in the Sheriff's Office shall be in the unclassified service of the City and shall not be subject to the civil service laws affecting the City. They shall have a college degree or at least five years' training and experience. They shall be appointed by the Sheriff and may be removed at any time by the Sheriff without cause but, upon removal, the official shall be entitled to all of the civil service and pension rights to which he was entitled prior to his appointment. The Undersheriff, a department director, or division chief appointed by the Sheriff shall be confirmed by the Council before the appointment becomes permanent.

(b)

In addition, the Sheriff may appoint section commanders, Sheriff's aides, one executive assistant for the Sheriff, one executive assistant for the Undersheriff, and executive assistants for assignment to department directors provided for in this Chapter. Each such position shall be in the unclassified service of the City and shall not be subject to the Civil Service laws affecting the City. Persons appointed to any of these positions may be removed at any time by the Sheriff without cause, but, upon removal, the appointee shall be entitled to each of the civil service and pension rights to which the appointee was entitled, if any, prior to the appointment.

(c)

Appointments of the Sheriff's aides and the executive assistants of the Sheriff, Undersheriff, and directors do not need to be confirmed by Council.

(d)

Section commanders shall have a college degree or at least five years training and experience. The appointment of section commanders shall not be required to be confirmed by the Council; provided that, the person appointed is, at the time of the appointment, currently an employee of the Sheriff's Office with at least one year of service immediately prior to the appointment. The Council, however, must confirm any appointment to section commander who is not a current employee with one year of immediate prior service.

(Ord. 68-31-20, §§ 1, 14; Ord. 70-650-526; Ord. 71-397-181; Ord. 75-1393-658, § 1; Ord. 83-591-400, § 1; Ord. 95-618-397, § 1; Ord. 2003-590-E, § 1; Ord. 2004-100-E, § 2; Ord. 2017-758-E, § 1; Ord. 2021-448-E, § 1; Ord. 2024-634-E, § 3)

Note— Former § 24.102.

Sec. 37.103. - Procedures involving vacancies in certain appointed positions.

(a)

Whenever a vacancy occurs for any reason whatsoever in a position appointed by the Sheriff and confirmed by the Council, the Sheriff may designate in writing a qualified person to assume the powers and duties of the vacant position in one of two capacities: interim or acting.

(b)

An "Interim" employee is designated with the intention of being a temporary replacement to the vacant position before, and until, an "Acting" employee is designated according to paragraph (c) below. Legislation is not required or involved in designating an employee as an "Interim" employee, and "Interim" employees shall not be required to possess any residency, experience or other qualifications necessary for the permanent official. Such an employee shall be known as and designated as "Interim" before the name of the position which is being filled. The Sheriff may make such "Interim" designation at any time prior to the expiration of, and for a period no longer than, 90 days from the date on which the vacancy occurred. Upon the expiration of the 90-day period, no person may be designated to assume the powers and duties of the vacant position in an "Interim" position. While a position is filled by an "Interim" employee pursuant to this Section:

(1)

The "Interim" employee shall be authorized automatically and immediately to exercise and perform the powers and duties of the vacant position on a temporary basis, which powers and duties shall be in addition to the employee's existing powers and duties;

(2)

The "Interim" employee shall, upon the Sheriff's designation of the employee as "Interim" and while the employee is functioning in the "Interim" position, receive an appropriate increase in compensation as directed by the Sheriff. The compensation for an "Interim" employee shall not exceed the maximum of the pay range of the "Interim" position being filled. Under no circumstance shall the "Interim" employee receive compensation for both the employee's regular position and the "Interim" position; and

(3)

All correspondence related to such position shall carry the designation of "Interim."

Any person serving in an "Interim" capacity shall not continue to act in such capacity, or continue to receive compensation for acting in such capacity, if the Sheriff designates an "Acting" employee for the same position, pursuant to the procedures outlined in this Section.

(c)

An "Acting" employee is identified with the intention of being the permanent replacement to the vacant position. In order to be considered an "Acting" employee, legislation confirming the Sheriff's designation must be submitted for Council approval immediately following the Sheriff's designation. Such an employee shall be known as and designated as "Acting" before the name of the position which is being filled until the appointment to such position has been confirmed by the Council. While a position is filled by an "Acting" employee pursuant to this Section:

(1)

The "Acting" employee shall be authorized automatically and immediately to exercise and perform the powers and duties of the vacant position;

(2)

The "Acting" employee shall, upon the Sheriff's designation of the employee as "Acting," receive compensation at the appropriate level within the pay range of the position, commensurate with education and experience, as directed by the Sheriff; and

(3)

All correspondence related to such position shall carry the designation of "Acting."

Furthermore, any person serving in an "Acting" capacity shall not continue to act in such capacity, or continue to receive compensation for acting in such capacity, if the Sheriff or the Council withdraws or denies the bill confirming such appointment.

(Ord. 77-997-544, § 2; Ord. 83-591-400, § 1; Ord. 2023-302-E, § 1)

Note— Former § 24.114.

Sec. 37.104. - Undersheriff's duties.

It is the duty of the Undersheriff to supervise the operations of the departments of the Sheriff's Office and to perform such other duties as are assigned by the Sheriff.

(Ord. 68-31-20, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 95-618-397, § 2; Ord. 2003-590-E, § 1)

Note— Former § 24.103.

Sec. 37.104.1. - Reserved.

Editor's note— Ord. 2017-758-E, § 1, amended the Code by repealing former § 37.104.1 in its entirety. Former § 37.104.1 pertained to the Division of Continuous Improvement, and derived from Ord. 2005-1424-E, § 1.

Sec. 37.105. - Department of Patrol and Enforcement.

(a)

There is established a Department of Patrol and Enforcement to provide law enforcement, community relations and police services.

(b)

The Director of Patrol and Enforcement shall be the head of the Department of Patrol and Enforcement. He shall have a college degree or at least five years' experience and commensurate training.

(c)

The Department of Patrol and Enforcement shall be organized into the following divisions, each of which shall be headed by a division chief:

(1)

Special Events Division.

(2)

Patrol Division.

(3)

Patrol Support Division.

The Sheriff shall specify the duties and responsibilities of each division and division chief.

(Ord. 68-31-20, § 3; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-827-402, § 2; Ord. 83-591-400, § 1; Ord. 89-1127-546, § 1; Ord. 92-752-472, § 1; Ord. 95-618-397, § 3; Ord. 97-703-E, § 1; Ord. 2003-590-E, § 1; Ord. 2017-758-E, § 1)

Editor's note— See former § 8.05 of the Charter for the original Police Division, now the Traffic and Patrol Division.

Note— Former § 24.104.

Sec. 37.106. - Department of Police Services.

(a)

There is established a Department of Police Services to provide central records, identification services, communications, civil process, budgeting and the administrative functions of the Sheriff's Office.

(b)

The Director of Police Services shall be the head of the Department of Police Services. He shall have a college degree or at least five years' experience and commensurate training.

(c)

The Department of Police Services shall be organized into the following divisions, each of which shall be headed by a division chief:

(1)

Support Services Division.

(2)

Budget Division.

(3)

Technology and Operational Support Division.

The Sheriff shall specify the duties and responsibilities of each division and division chief.

(Ord. 68-31-20, § 4; Ord. 70-650-526; Ord. 71-397-181; Ord. 76-684-382, §§ 1, 3; Ord. 83-591-400, § 1; Ord. 95-618-397, § 4; Ord. 2003-590-E, § 1; Ord. 2017-758-E, § 1; Ord. 2025-840-E, § 1)

Editor's note— See former § 8.06 of the Charter for the original Prison Farm and Jail Division, now divided into the Division of Jails and Division of Prisons.  See former § 8.07 of the Charter for the original Civil Process Division, now a part of the Civil Division.

Note— Former § 24.105.

Sec. 37.107. - Department of Corrections.

(a)

There is established a Department of Corrections to provide detention of both sentenced and nonsentenced inmates and to provide security for the courts. In addition, the Department of Corrections will be responsible for providing such inmate health care as may be required by law, to include medical, dental, and mental health services of an outpatient nature and make necessary referrals for other health related services.

(b)

The Director of Corrections shall be the head of the Department of Corrections. He shall have a college degree or at least five years' experience and commensurate training.

(c)

The Department of Corrections shall be organized into the following divisions, each of which shall be headed by a division chief:

(1)

Jails Division.

(2)

Prisons Division.

(3)

Programs & Transitional Services Division.

The Sheriff shall specify the duties and responsibilities of each division and division chief.

(Ord. 70-559-270, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 73-130-32, § 1; Ord. 77-1071-538, § 1; Ord. 80-681-408, §§ 1, 2; Ord. 83-591-400, § 1; Ord. 88-282-157, § 1; Ord. 95-618-397, § 5; Ord. 2009-617-E, § 1; Ord. 2017-758-E, § 1)

Note— Former § 24.107.

Sec. 37.108. - Reserved.

Editor's note— Ord. 2005-1424-E, § 2, amended the Code by repealing former § 37.108 in its entirety. Former § 37.108 pertained to the Division of Budget and Management, and derived from Ord. 74-293-99, § 2; Ord. 80-357-179, § 2; Ord. 83-591-400, § 1; Ord. 89-1127-546, § 2; Ord. 95-618-397, § 6.

Sec. 37.109. - Department of Investigations and Homeland Security.

(a)

There is established a Department of Investigations and Homeland Security.

(b)

The Director of the Department of Investigations and Homeland Security shall be the head of the Department of Investigations and Homeland Security. He shall have a college degree or at least five years' experience and commensurate training.

(c)

The Department of Investigations and Homeland Security shall include the following divisions each of which shall be headed by a division chief:

(1)

Investigations Division.

(2)

Homeland Security Division.

(Ord. 2003-590-E, § 2; Ord. 2017-758-E, § 1)

Sec. 37.110. - Department of Personnel and Professional Standards.

(a)

There is established a Department of Personnel and Professional Standards to manage the recruitment, hiring, training, personnel utilization, and internal investigation functions of the Sheriff's Office.

(b)

The Director of the Department of Personnel and Professional Standards shall be the head of the Department of Personnel and Professional Standards. He shall have a college degree or at least five years' experience and commensurate training.

(c)

The Department of Personnel and Professional Standards shall be organized into the following divisions, each of which shall be headed by a division chief;

(1)

Human Resources Division.

(2)

Professional Standards Division.

(Ord. 2003-590-E, § 3; Ord. 2017-758-E, § 1)

Editor's note— Ord. 2003-590-E, § 3, amended the Code by repealing former § 37.110 in its entirety, and adding a new § 37.110. Former § 37.110 pertained to the Division of Human Resources, and derived from Ord. 87-1125-634.

Sec. 37.111. - Schedule of fees.

The fees listed below can be found electronically on the following Jacksonville Sheriff's webpage:

http://www.jaxsheriff.org/fees

The Office of the Sheriff shall charge the following fees:

(a)

The costs of production, inspection, and/or duplication of records or documents requested by the public shall be collected by the Sheriff, consistent with the manner and amounts authorized by Chapter 119, Florida Statutes.

(b)

Reserved.

(c)

The Sheriff is authorized to collect a daily fee from each prisoner who is sentenced to serve his time on a part-time basis and who volunteers in the alternative to participate in the community restitution program.

(d)

The Office of Sheriff-Correction's Division shall charge the following fees:

(1)

Inmate Medical Co-Pay at the Pre-Trial Detention Facility:

(i)

Sick Visit;

(ii)

Emergency Visit;

(2)

Inmate Dental Visit;

(3)

Inmate Prescription;

(4)

Inmate Subsistence Fee (per day);

(5)

Notary Services;

(6)

Probation costs of supervision and probation services:

(i)

Monthly Supervision;

(ii)

Urinalysis Testing;

(iii)

Electronic Monitoring;

(iv)

Probation Violation;

(v)

Vehicle Immobilization;

(vi)

Community Service Insurance;

(vii)

Mandated Education Programs.

(Ord. 71-1205-513, § 1; Ord. 75-1049-516, § 1; Ord. 75-1330-631, § 1; Ord. 77-923-477, § 1; Ord. 81-198-80, § 1; Ord. 81-199-105, § 1; Ord. 81-488-214, § 1; Ord. 83-591-400, § 1; Ord. 83-1027-568, § 1; Ord. 84-691-332, § 2; Ord. 88-1059-546, § 1; Ord. 89-872-405, § 1; Ord. 92-714-323, § 1; Ord. 2005-807-E, § 10.8(b); Ord. 2008-467-E, § 1; Ord. 2017-665-E, § 1; Ord. 2021-758-E, § 5)

Note— Former § 24.108.

Sec. 37.112. - Reimbursement for auxiliary group members.

The Sheriff is authorized to provide gasoline to members of auxiliary groups recognized by him pursuant to F.S. Ch. 30 for their use while executing the commands and orders of the Sheriff in other than City vehicles and the Sheriff may reimburse these members for motor vehicle operation expenses they incur under those same circumstances, or for property damage to private motor vehicles while members are at the scene of a police operation and executing orders, unless the damage is caused by the negligence of the auxiliary police officer; provided, that a reimbursement for gas and operation expenses shall not be in excess of the rate established by Section 106.706.

(Ord. 79-346-234, §§ 1, 2; Ord. 83-591-400, § 1; Ord. 84-691-332, § 2; Ord. 97-637-E, § 1)

Note— Former § 24.115.

Sec. 37.113. - Use of helicopters to patrol JEA power lines; reimbursement for services; limitation; appropriation of funds.

The Sheriff is authorized to utilize the Helicopter Unit in the Sheriff's Office for the purpose of patrolling the power lines owned or controlled by the JEA. The Sheriff and the Authority shall enter into a joint agreement outlining the duties to be performed by the Helicopter Unit with respect to this patrolling and providing for a reasonable and equitable reimbursement to the Sheriff's Office for this service. The Sheriff may not charge for this service when the Helicopter Unit is engaged in law enforcement activities or emergency rescue activities but the fact that law enforcement may be incidental to the services being performed under this Section will not relieve the Authority of its responsibility to reimburse the Sheriff's Office for those services. The funds received by the Sheriff's Office as reimbursement for services provided under this Section shall be allocated to the appropriations for expenses of the Helicopter Unit and for that purpose the funds are hereby appropriated. The reimbursement charge made by the JEA to the Sheriff shall not be less than $175 an hour for use of a two-place helicopter unit and not less than $275 an hour for use of a four-place helicopter unit.

(Ord. 82-1117-559, § 1; Ord. 83-591-400, § 1; Ord. 84-691-332, § 2)

Note— Former § 24.117.

Sec. 37.114. - Crime Stoppers Imprest Cash Account.

There is authorized to be established in the Sheriff's Office, in the custody of the Sheriff, a Crime Stopper Imprest Cash Account of not exceeding $100,000, which shall be available, without regard to fiscal years, for operational expenses of the First Coast Crime Stoppers. These funds shall not be used for payments to informants. The funds shall be available for use and shall be reimbursed through the reimbursement application from the state or other resources. The Crime Stopper Imprest Cash Account shall be maintained as a checking account in a bank located in the City and the Sheriff shall prescribe rules for the withdrawal of funds from this checking account, including a requirement that checks be signed by at least two individuals in the Sheriff's Office. Periodically, as requested by the Department of Finance and Administration, Council Auditor's Office or as determined by the Sheriff, a statement of the disbursements from the Crime Stopper imprest fund shall be presented, with such supporting documents as the City Accountant requires, for reimbursements of the fund.

(Ord. 2004-423-E, § 2; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 37.115. - Corrections Department Literacy Program.

The Sheriff is authorized to provide a literacy program within the Duval County Jail and Correction Facilities subject to annual appropriations or available funding. It is the intent of the Jacksonville Sheriff's Office to be committed to the safety of the Citizens of Jacksonville, and finds that an inmate provided with access to literacy is enabled to rehabilitate themselves and provide a better opportunity to themselves while incarcerated and after incarceration.

(Ord. 2019-732-E, § 1)

PART 2. - EMPLOYEE REGULATIONS

Sec. 37.201. - Special police officers.

The Sheriff is authorized to appoint such special police officers as he may deem necessary to enforce law and preserve order in the City. Special police officers shall serve without expense to the City unless, upon the recommendation of the Sheriff, the Council provides reasonable compensation for special services rendered the City. Special police officers appointed under the authority of this Section shall not participate in the police pension and relief fund and shall be subject to discharge by the Sheriff at any time, at the pleasure of the Sheriff.

(Ord. 68-51-42, §§ 1, 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 24.201.

Sec. 37.202. - Applicants to Sheriff's Office required to be citizens and residents.

Notwithstanding the provisions of any other law, applicants to become members of the Sheriff's Office shall be citizens and residents of the United States at the time of application and appointment.

(Ord. 68-31-20, § 9; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 24.202.

Sec. 37.203. - Examination and selection.

(a)

The Sheriff, with the concurrence of the Director of Personnel and Professional Standards, shall prescribe procedures for the recruiting of efficient members to be appointed to the Sheriff's Office and shall prescribe the qualifications to be observed and the subject matter to be covered in conducting examinations of applicants who desire to become eligible for appointment to the Sheriff's Office, including the weight to be given to the factors involved in the examinations.

(b)

Eligibility lists for promotions in the Sheriff's Office shall be established by the Department of Personnel and Professional Standards on the basis of oral and/or written examinations conducted by the Department and on past performance evaluations furnished it by the Sheriff. On promotion tests, one-half-point credit shall be added to the passing grade of a member for each year of service in the rank or ranks eligible to participate in the promotional test. No member of the Sheriff's Office in the lowest rank or the lowest rank of a division thereof shall be eligible to take a promotional examination until he has served at least two years in the lowest rank.

(c)

The Sheriff or his designated representatives shall have the right to be present during an examination conducted by the Department of Personnel and Professional Standards to establish eligibility or promotional lists in the Sheriff's Office, and to give evaluations of the examinees to the Department. In lieu of an examination being conducted by the Department to establish an eligibility or promotional list in the Sheriff's Office, the Sheriff, upon written notice to the Director of Personnel and Professional Standards, may approve an examination to be prepared, conducted and graded by a recognized testing agency for police personnel which may be employed by the City for this purpose. In this case, the testing agency shall certify the results of the examination and the order of precedence attained by the examinees thereon to the Department, together with the written questions and graded answers for the examination, and the Department shall establish eligibility or promotional lists in conformance with the certification.

(d)

The Sheriff shall have the right to refuse to appoint a person eligible for appointment as a member of the Sheriff's Office when, in the judgment of the Sheriff, the person should not be a member of the Sheriff's Office and the Department of Personnel and Professional Standards, upon being notified by the Sheriff in writing of this refusal, shall remove the name of the person from the eligibility list from which the person was certified. The Sheriff shall make his appointment from the top three persons on the promotional list furnished to him by the Department.

(Ord. 68-31-20, § 10; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 2007-161-E, § 1)

Note— Former § 24.203.

Sec. 37.204. - Retirement of members.

A member of the Sheriff's Office in the classified service shall retire and cease to be a member thereof upon reaching the sixty-fifth anniversary of his birth date.

(Ord. 68-31-20, § 11; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 24.204.

Sec. 37.205. - Involuntary retirement for disability.

Whenever the Sheriff has probable cause to believe that a member of the Sheriff's Office who is also a member of a pension fund of the City, County or State has become permanently or partially incapacitated for the performance of his duties and the member has not voluntarily applied for retirement on disability pension or has refused to do so, the Sheriff may recommend to the Board of Pension Trustees that the member be retired on disability pension and the recommendation shall have the same effect and be handled in the same manner as if the member had applied for voluntary retirement. If the recommendation is approved by the Board, the member shall be retired on disability pension regardless of his consent. Prior to making the recommendation, the Sheriff has authority to have the member examined by reputable physicians authorized to practice medicine in the State to determine if the member is permanently or partially incapacitated for the performance of his duties and, in the event the Sheriff does not do so, the Board shall require an examination to be made by two physicians, except when the member refuses to submit to an examination. A finding by both examining physicians as to the permanent or partial incapacity of the member for the performance of his duties shall be conclusive. In the event a member of the Sheriff's Office refuses to submit to medical examination or when he has been committed to an institution for mental incapacity, he shall be subject to removal from the Sheriff's Office.

(Ord. 68-31-20, § 12; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 24.205.

Sec. 37.206. - Annual physical examination.

Annual physical examination of all sworn members of the Sheriff's Office shall be provided by the Sheriff.

(Ord. 68-31-20, § 13; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 24.206.

Sec. 37.207. - Special process servers.

The Sheriff is authorized to appoint, contract with and employ special process servers pursuant to the provisions of F.S. § 48.021. The Sheriff is authorized to compensate special process servers at a reasonable rate to be agreed upon between the Sheriff and the special process server. In order to provide the funds necessary to compensate special process servers, the Sheriff is authorized to transfer funds from available appropriations for personal services, employee benefits and central services charges in the manner prescribed by the Mayor under the provisions of Chapter 106.

(Ord. 79-1150-620, § 1; Ord. 83-591-400, § 1)

Note— Former § 24.207.

PART 3. - SHERIFF'S DISCIPLINARY HEARING BOARD[2]

Footnotes: --- (2) ---

Cross reference— Boards and commissions, tit. IV.

Sec. 37.301. - Board established.

When the conduct of a member of the Sheriff's Office may warrant suspension or dismissal from office, the Sheriff's Office shall empanel the Sheriff's Disciplinary Hearing Board, in this Part referred to as the Board, to hear and consider the charges and to make recommendations. The member charged shall, as soon as practicable, be given a detailed written statement of the charges against the member which shall include the alleged offenses, the dates of the alleged offenses, the general orders or personnel rules and regulations that have been violated and all data necessary to apprise the member completely of the nature of the charges against the member. The Board shall be composed of five members, with two members being selected by the Sheriff or designee, two members being selected by the aggrieved or charged officer and the fifth member being selected by the other four members. The Board members shall be law enforcement officers selected from a State, County or municipal agency within the County. None of the Board members will be related, as defined by Civil Service Rules, to the accused officer. The manner in which the hearing is conducted, the force and effect of findings and recommendations, and all appellate rights, shall be as set forth in the collective bargaining agreement approved for the member's unit.

(Ord. 68-31-20, § 6; Ord. 70-650-526; Ord. 71-397-181; Ord. 75-1186-560, § 1; Ord. 83-591-400, § 1; Ord. 2007-161-E, § 2)

Note— Former § 24.301.

Sec. 37.302. - Hearings.

Proceedings of the Board shall be recorded by a recording secretary appointed by the presiding officer. Subpoenas for witnesses and for the production of documents to compel the attendance of persons and the production of evidence before the Board at the hearing shall be issued upon request to and on the authority of the appropriate committee of the Council, in the manner provided by law. Service of the subpoenas may be made by a member of the Sheriff's Office. The recording secretary shall keep a faithful record of the proceedings and file a transcript of the proceedings with the Sheriff, which shall be provided to the accused or the Civil Service Board upon request. All information which relates to the matters charged may be considered by the Board and its hearings shall not be governed by the legal rules of evidence or other rules governing trials by judicial bodies. The findings and conclusions of the Board, which may recommend removal, demotion or suspension without pay, for such period as it finds justified and proper, shall be transmitted in writing to the Sheriff (or designee) and, upon concurrence, the action shall become final. In the event of nonconcurrence, the Sheriff (or designee) may disapprove or alter an action by the Board. As soon as practical after receipt of the findings and recommendations of the Board, the Sheriff (or designee) shall reach a decision which shall then be tendered in writing to the accused member.

(Ord. 68-31-20, § 7; Ord. 70-650-526; Ord. 71-397-181; Ord. 75-1186-560, § 1; Ord. 83-591-400, § 1; Ord. 2007-161-E, § 2)

Note— Former § 24.302.

Sec. 37.303. - Reserved.

Editor's note— Ord. 2007-161-E, § 3, amended the Code by repealing former § 37.303 in its entirety. Former § 37.303 pertained to appeal to Civil Service Board; and derived from Ord. 68-31-20; Ord. 70-650-526; Ord. 71-397-181; Ord. 75-1186-560; and Ord. 83-591-400.

Sec. 35.103. - Powers and duties of Director. Chapter 38 - MEDICAL EXAMINER'S OFFICE