Sheriff's Office Authority: Policy 201.0

• Osceola County Sheriff's Office Policy and Procedures document number 201.0 covers Authority
• The purpose of this document is to define the scope and limits of the agency's law enforcement authority and to provide guidelines for its use

Policy

• The Constitution of the State of Florida mandates an elected Sheriff for each county, unless excepted by county charter or special law
• Chapter 30, FSS, enumerates certain powers, duties, and obligations to the Sheriff
• The Sheriff's Office operates under the authority vested in the Sheriff by the Constitution of the State of Florida and Florida Statutes
• The Sheriff appoints deputies to assist in the performance of his/her duties; these deputies may use judgment and discretion in the execution of their duties

Definitions

• Authority is defined as the power or right to give orders, enforce laws, make decisions, or judge; it is invested in a person, group, or organization
• Arrest is defined as lawfully taking custody of another to bring him/her before a court of proper jurisdiction
• Discretion is defined as the authority to make decisions and choices with sound judgment
• Notice to Appear (NTA) is a written order issued by a sworn law enforcement officer instead of physical arrest, requiring a person accused of violating the law to appear in a designated court or governmental office at a specific date and time

Statutory Authority

• Section 30.15, FSS, outlines the powers, duties, and obligations of a Sheriff
• Sheriffs, or their deputies, must execute all processes of the Supreme Court, Circuit Courts, County Courts, and Boards of County Commissioners in their counties
• Sheriffs, or their deputies, must execute other writs, processes, warrants, and other papers directed to them in their counties
• Sheriffs, or their deputies, must attend all terms of the circuit court and county court held in their counties
• Sheriffs, or their deputies, must execute all orders of the boards of county commissioners of their counties, for which services they shall receive compensation from the county treasury
• Sheriffs must be conservators of the peace in their counties
• Sheriffs must suppress tumults, riots, and unlawful assemblies in their counties with force and strong hand when necessary
• Sheriffs can apprehend, without warrant, any person disturbing the peace, and carry them before the proper judicial officer
• Sheriffs can raise the power of the county and command any person to assist them, when necessary, in the execution of their duties
• Refusal to assist when commanded, if not physically incompetent, can result in imprisonment in jail (not exceeding one year) or a fine (not exceeding $500.00)
• Sheriffs are, ex officio, timber agents for their counties
• Sheriffs must perform duties imposed upon them by law
• Sheriffs must assist district school boards and charter school governing boards in complying with FSS 1006.12

Sworn Member Discretion

• Section 901.15, FSS, provides authority for law enforcement officers to make arrests
• Deputies are cautioned to use discretion in the performance of assigned duties, considering conditions, constraints of policy, statutes, laws, ordinances, alternatives, and direction from supervisors
• Persons arrested for misdemeanors, county ordinance violations, or criminal traffic offenses can be released at the scene upon execution of a promise to appear, unless the arresting member has specific grounds to justify physical arrest and booking
• An accused who has been properly identified and refuses to sign a Notice to Appear (NTA), a criminal traffic citation, or provide sufficient information for an NTA, shall be arrested, transported, and booked

Arrest Considerations

• Consider the following before deciding to make an arrest
• Whether the arrest would cause a greater risk of harm to the public than not arresting the offender
• Whether the offense can best be dealt with through informal warnings, such as warnings or talking with the parents of a juvenile offender
• The seriousness of the crime committed

Release on Signature

• Investigate and get positive Identification from the accused When planning to release the defendant after securing a signature on the NTA, with
• Adults must provide name, date of birth, employer (if any), verifiable address, the correct statute or ordinance, a thumbprint, and any additional required information
• Juveniles - in addition to the above, include the name, address, and signature of a parent, legal guardian, or custodian

Alternatives to Arrest

• Not all offenses require physical arrest; alternatives to arrest and pre-arraignment confinement include
• Issuance of a citation, NTA, for some misdemeanors or violations of ordinances
• Informal resolution of the problem
• A verbal warning prohibiting the conduct
• Referral of the subject to a community service organization
• Release of a juvenile to the custody of a parent, legal guardian, or custodian
• Juvenile diversion programs
• Baker Act and Marchman procedures, as outlined in Policy 415.0, for persons with developmental disabilities, mental illness, and/or substance abuse impairment