Florida: Bill set for hearing tomorrow spells out relationship of courts, judges, and sheriffs regarding court security

A change in the way Florida’s court security is arranged may be in the offing. F.S. 30.15 spells out the “powers, duties, and obligations” of local sheriffs. Under HB 7089 as filed those may be changing.

HB 7089 is an omnibus public safety bill and includes over 80 pages of changes to various state laws, including F.S. 30.15, by adding a new section added regarding court security.

  1. Sheriffs would be explicitly required to “provide security for trial court facilities.” Current law provides they are to “Attend all sessions of the circuit court and county court held in their counties.”
  2. Sheriffs would be required to coordinate with the chief judge of the judicial circuit in which their county is located on all security matters for such facilities.
  3. Sheriffs would still retain operational control over the manner in which security is provided.
  4. Pursuant to F.S. 26.49 (which declares the sheriff of the county shall be the executive officer of the circuit court of the county), sheriffs and their deputies, employees, and contractors are officers of the court when providing security for trial court facilities.
  5. The chief judge of the judicial circuit shall have 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 the trial courts pursuant to F.S. 43.26 (detailing the powers of chief judges).

HB 7089 is being heard in the House Appropriations Committee tomorrow.