BREVARD COUNTY POLICE BENEVOLENT ASSOCIATION, INC., APPELLANT,
v.
BREVARD COUNTY SHERIFF'S DEPARTMENT, AND FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, APPELLEES
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The Brevard County Police Benevolent Association appealed a Florida Public Employees Relations Commission order finding that deputy sheriffs are not public employees entitled to collective bargaining rights under Chapter 447. The court affirmed, holding that under established Florida law, appointed deputy sheriffs are constitutional officers, not employees, and thus lack statutory collective bargaining protections.
Deputy sheriffs are not employees within the meaning of Chapter 447 but are instead constitutional officers under common law. Therefore, they are not entitled to collective bargaining rights under the statute, and the Commission's decision was correct.
[1] Appointed deputy sheriffs are considered "officers" rather than "employees" within the meaning of Chapter 447, Florida Statutes, concerning public employee bargaining rig…
[2] The status of appointed deputy sheriffs as "officers" rather than "employees" is based on common law interpretation and can be altered by explicit statutory or local gove…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The Florida Supreme Court has already held that appointed deputy sheriffs are not "employees" within the meaning of Chapter 447, rather they are "officers."”
Establishes the foundational legal principle that deputy sheriffs have a distinct constitutional status as officers rather than employees.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Brevard County Police Benevolent Association sought to represent deputy sheriffs of the Brevard County Sheriff's Department in collective bargaini…
The full statement of facts, procedural history, and disposition for this case are member content.
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JOANOS, Judge.
The Brevard County Police Benevolent Association, Inc., (Association) appeals from a final order of the Florida Public Employees Relations Commission finding that the Brevard County Sheriff’s Department had not violated Chapter 447, Part II, Florida Statutes, because the deputy sheriffs of the Brevard County Sheriff’s Department are not public employees within the meaning of the statute.
The Association urges on appeal that the Commission’s decision violates the equal protection clause of the United States Constitution and the basic rights and provisions of the Florida Constitution. The phrasing of the specific question on appeal reveals the flaw in the Association’s position: “Whether the deputy sheriffs of the Bre-vard County Sheriff’s Department enjoy the constitutional right to bargain collectively guaranteed every person/employee of this State by Article I, Section 6 of the Constitution of Florida.” Article I, Section 6 speaks only of employees, not persons, and does not, therefore, have applicability to persons who are not defined as employees. The Florida Supreme Court has already held that appointed deputy sheriffs are not “employees” within the meaning of Chapter 447, rather they are “officers.” Murphy v. Mack, 358 So. 2d 822 (Fla.1978).
This determination was not based simply on the statute, but was an interpretation of common law. In so ruling, the court stated that the deputies’ status, having arisen out of common law, could be changed by explicit provision in state statutes or appropriate local government law. See, e.g., Ison v. Zimmerman, 372 So. 2d 431 (Fla.1979), and Escambia County Sheriffs Department v. Florida Police Benevolent Association, Inc., 376 So. 2d 435 (Fla. 1st DCA 1979).
The Association has not urged in this case that the employees it represents have been brought within the ambit of Chapter 447 by state or local enactment. In the final analysis, it asks us to overrule a prior determination of the Florida Supreme Court. This we cannot do.
Accordingly, the final order of the Public Employees Relations Commission is AFFIRMED.
LARRY G. SMITH and THOMPSON, JJ., concur.
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Phillip B. (Phil) Williams v. Coastal Fla. Police Benevolent Ass'n, Inc., 765 So. 2d 908 (Fla. 5th DCA 2000)…y sheriffs other rights and privileges accorded to public employees. See Brevard County v. Miller, 452 So. 2d 1104 (Fla. 5th DCA 1984), rev. denied, 459 So. 2d 1042 (Fla.1984); Brevard County Police Benevolent Ass’n v. Brevard County Sheriffs Dep’t, 416 So. 2d 20 (Fla. 1st DCA 1982); Szell v. Lamar, 414 So. 2d 276 (Fla. 5th DCA 1982). In Service Employees, the Florida Supreme Court took another look at the Murphy case. It said that the name “deputy” and the fact of “appointment” were meaningless distinction…
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Sikes v. Boone, 562 F. Supp. 74 (N.D. Fla. 1983)…ionship between sheriff and deputy is not that of employer-employee. See Murphy v. Mack, supra; Blackburn v. Brorein, 70 So.2d 293 (Fla. 1954); Brevard County Police Benevolent Association, Inc. v. Brevard County Sheriffs’ Department, 416 So.2d 20 (Fla. 1st DCA 1982); Szell v. Lamar, 414 So.2d 276 (Fla. 5th DCA 1982). Because this court has already held that it is bound by the Florida Supreme Court’s determination that the plaintiff deputy sheriffs are not employees, the court finds tha…
Authorities Cited
- Murphy v. Mack, 358 So. 2d 822 (Fla. 1978)
- Charley F. Ison v. Rollin W. Zimmerman, 372 So. 2d 431 (Fla. 1979)
- Escambia Cnty. Sheriff's Dep't v. Fla. Police Benevolent Ass'n, Inc., 376 So. 2d 435 (Fla. 1st DCA 1979)