New Sheriff in Town Miami-Dade County

[Avalanchez71]

Looks like Miami-Dade County is going to be in a legal battle.  The FL Constitution was just amended forcing Miami-Dade County to elect a sheriff 2024 to assume office in 2025.  Well the Miami-Dade Commission just decided to keep the police force and give the sheriff a separate force to fulfill the required statutory duties.  Many believe that this is a suppression of the will of the voters that voted to elect a sheriff.

[Max Rockatansky]

And?

[Avalanchez71]

The relationship between an elected police force and an appointed one is not a new concept.  This has been tried since the turn of the last century and then it became a popular and "modern" thing to do in the 50s and 60s.  King County, WA voted to do away with their appointed sheriff only to go back to an appointed sheriff in the wake of the George Floyd summer.

[Max Rockatansky]

And why is this pressing?  I mean, I'm a former Florida resident I'm even struggling to figure out if this is newsworthy?

[Avalanchez71]

And why is this pressing?  I mean, I'm a former Florida resident I'm even struggling to figure out if this is newsworthy?

I guess if you are driving in Miami-Dade County maybe watch out for an extra agency on the roadways.  I was just getting to the point that the government there is going to be sued over a new Florida Constitutional amendment and spend money it should not have to spend.  I was interested in what others may have to say over creating both a police force and a sheriff's office.  This was done in the past in places like GA, KS, KY, NC, MD and VA.  This is developing whereas the others are well established.

TN has this to an extent that all of the powers of the sheriff as conservator of the peace are removed from the sheriff and transferred to the Metropolitan Police Chief, as well as the powers of the constable in Nashville.

[Max Rockatansky]

And why is this pressing?  I mean, I'm a former Florida resident I'm even struggling to figure out if this is newsworthy?

I guess if you are driving in Miami-Dade County maybe watch out for an extra agency on the roadways.  I was just getting to the point that the government there is going to be sued over a new Florida Constitutional amendment and spend money it should not have to spend.  I was interested in what others may have to say over creating both a police force and a sheriff's office.  This was done in the past in places like GA, KS, KY, NC, MD and VA.  This is developing whereas the others are well established.

TN has this to an extent that all of the powers of the sheriff as conservator of the peace are removed from the sheriff and transferred to the Metropolitan Police Chief, as well as the powers of the constable in Nashville.

I still fail understand why this easily exploited legal loophole is post worthy.  Having lived in the 305 area code I see no reason for alarm.

Also, no article links or citations?  If we are going to go quasi-political at least give us something to read. 

[Avalanchez71]

The latest Miami Herald article has a pay wall.



Miami-Dade votes to keep police force before sheriff electionhttps://www.miamiherald.com "º local "º article262204482
8 days ago – Miami-Dade County commissioners on Monday, June 6, 2022, approved a plan to retain the county police department once voters elect a sheriff ...


Miami Today News
https://www.miamitodaynews.com/2022/05/03/lines-drawn-in-battle-for-miami-dade-sheriffs-powers/
Lines drawn in battle for Miami-Dade sheriff's powershttps://www.miamitodaynews.com "º 2022/05/03 "º lines...
May 3, 2022 –

In a special meeting set to discuss the functions and powers of the constitutional officers to be elected in 2024, Miami-Dade County commissioners are to discuss today (5/5) over a dozen resolutions defining what remains within the purview of the county and what would pass to the elected officials.

For the county sheriff, a constitutional officer of interest to many, five resolutions could shape the functions and responsibilities of the officer to be elected in November 2024 and take office in 2025.

A first resolution by Chairman Jose "Pepe"  Diaz proposes that the Miami-Dade Police Department continue to providing police patrol services in the unincorporated areas of the county and at county assets including the airports, PortMiami, and Miami-Dade County transit facilities. Under this proposal, the functions of the police would not be transferred to the sheriff.

Also, the document proposes that the county police continue providing specialized investigative services and that the Miami-Dade Corrections and Rehabilitation Department and the Miami-Dade Fire Rescue Department would continue to be part of the Miami-Dade County government.

Chairman Diaz's resolution echoes a memorandum released by Mayor Daniella Levine Cava in April with the same provisions, including budgetary and operational actions needed to prepare for the transition.

A resolution by Raquel Regalado similarly proposes that all municipal law enforcement powers, duties, and functions currently performed by the county's police department continue to be performed in the unincorporated areas by the police unless exclusively assigned to the constitutional office of sheriff by law.

"The Miami-Dade County Sheriff shall only exercise those powers, functions and responsibilities authorized by the Florida Constitution and Florida Statutes, explicitly authorized by this board, or authorized by the governing body of a municipality within the municipality,"  the document says.

The document says that the budgeted positions, classifications, and employees who agree to transfer from the police and all real property, assets, equipment, contracts, grants, and licenses currently used by the Police Department to perform functions exclusively assigned to the constitutional office of sheriff should be offered to the County Sheriff's Office once the office is reestablished.

A resolution by Commissioner Joe A. Martinez, a retired police lieutenant and possible candidate for the position of sheriff once he is term-limited out of the county commission, proposes that all the municipal and other functions of the police department be moved under the purview of the county sheriff — including the policing services for unincorporated areas.

The document further proposes that employees who agree to the transfer, and the property, assets, contracts, grants, and licenses currently used by the county police be transferred by agreement to the County Sheriff's Office with its reestablishment on Jan. 7, 2025.

When asked by Miami Today on Tuesday why it is best for the county to transfer the police functions to the sheriff, Commissioner Martinez said that it is the least expensive for county taxpayers and added that keeping the sheriff and the police department separately would duplicate functions and costs. "You're going to have to pay double, and that's either increase taxes or reduce services."

Among costs associated with creating the Sheriff's Office are changing the color of uniforms, cars, and badges of police officers, and creating a headquarters for the sheriff. Most importantly, the sheriff would have to hire new staff, which would have a financial impact on its budget and the county.

"The sheriff may want new people who make $40,000 a year instead of people making $100,000 a year, so what if the sheriff doesn't take anybody? You [the county] still keep them or you're going to lay them off,"  Mr. Martinez said.

Both proposals by commissioners Martinez and Regalado request the mayor a report with an inventory listing all real property, assets, equipment, contracts, grants, and licenses currently used by the police department and all budgeted positions and employees of the police.

A resolution by Commissioner Sally Heyman proposes that the county employees, real property, assets, equipment, contracts, grants, and licenses used by the County Medical Examiner be excluded from any transfer agreements with the newly re-established office of the sheriff.

"[A]lthough district medical examiners throughout Florida assist law enforcement offices, such as county sheriffs, in the investigation of crimes, district medical examiners act independently of and are not subordinate to county sheriff offices,"  says the resolution.

A second document by Commissioner Heyman proposes that the mayor's administration exclude all bailiffs or bailiff functions from any draft transfer agreements prepared for the reestablished Sheriff's Office.

"The sheriff has a duty to protect the courts,"  Mr. Martinez said. "What if the sheriff comes in and says, I will have a deputy in each corner? It has to be paid. You're going to have a bailiff and a sheriff."

[webny99]

I'm getting serious vibes of this thread.

[Avalanchez71]

I'm getting serious vibes of this thread.

Speaking of Jacksonville, the Duval County Sheriff moved out of Duval County to Nassau County.  He then tried to say that the state constitution does not spell out that the sheriff needs to be an elector of the jurisdiction.  Suffice to say he decided to resign and Gov Ron DeSantis just appointed his undersheriff as sheriff.

I am only adding this as it relates to the thread that was way off topic of this thread.

[brad2971]

Looks like Miami-Dade County is going to be in a legal battle.  The FL Constitution was just amended forcing Miami-Dade County to elect a sheriff 2024 to assume office in 2025.  Well the Miami-Dade Commission just decided to keep the police force and give the sheriff a separate force to fulfill the required statutory duties.  Many believe that this is a suppression of the will of the voters that voted to elect a sheriff.

Apparently the makeup of the Las Vegas Metropolitan Police Dept, with an elected sheriff that serves all of Clark County (NV), provides no lessons for the likes of Miami-Dade County. OTOH, the Denver County (CO) Sheriff's Office and the Denver Police Dept. are two separate agencies within the City/County of Denver, though it's highly unlikely a Denver sheriff's deputy will stop motorists.

[Avalanchez71]

Looks like Miami-Dade County is going to be in a legal battle.  The FL Constitution was just amended forcing Miami-Dade County to elect a sheriff 2024 to assume office in 2025.  Well the Miami-Dade Commission just decided to keep the police force and give the sheriff a separate force to fulfill the required statutory duties.  Many believe that this is a suppression of the will of the voters that voted to elect a sheriff.

Apparently the makeup of the Las Vegas Metropolitan Police Dept, with an elected sheriff that serves all of Clark County (NV), provides no lessons for the likes of Miami-Dade County. OTOH, the Denver County (CO) Sheriff's Office and the Denver Police Dept. are two separate agencies within the City/County of Denver, though it's highly unlikely a Denver sheriff's deputy will stop motorists.

In the case of Denver, I am not sure they have the authority to do so.  I know in Nashville/Davidson County the sheriff does not have authority to stop vehicles.  His law enforcement powers are very limited.  They have the care and custody of the jail, contract to provide some security services to the facilities and serving body attachments.  Since they serve civil warrants, they do have the power of arrest for obstruction under very limited circumstances. 

[Scott5114]

This thread is a waste of taxpayer money against the forum rules regarding political discussion.