JOSEPH M. JOHNSON, APPELLANT (DEFENDANT),
v.
RAY WILSON, SHERIFF OF OKALOOSA COUNTY, FLORIDA, APPELLEE (PLAINTIFF)
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that Florida's Police Officers' Bill of Rights (Chapter 74-274) does not apply to the constitutional office of Sheriff, as sheriffs are not municipalities, the state, or political subdivisions, and deputy sheriffs are appointed officers rather than employees. Johnson's appeal from the trial court's declaratory judgment was denied.
Chapter 74-274 does not apply to the constitutional office of Sheriff because a sheriff is neither a municipality, the state, nor a political subdivision thereof as defined by the statute. Additionally, deputy sheriffs are appointed officers rather than employees, falling outside the statute's definition of 'law enforcement officer.'
[1] A "law enforcement officer" is defined as a person employed full time by a municipality, the state, or a political subdivision, whose primary responsibility is crime prev…
[2] A "political subdivision" includes counties, cities, towns, villages, special tax districts, special road and bridge districts, bridge districts, and all other districts…
Previewing 2 of 6 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“An employing agency is defined as any municipality or the state or any political subdivision thereof which employs law enforcement officers.”
Establishes the statutory definition that determines whether the Sheriff falls within the statute's scope.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSheriff Wilson appointed Johnson as a deputy sheriff on September 1, 1964. On October 10, 1974, the Sheriff withdrew Johnson's appointment without not…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Plain Meaning Rule cases and more on FLexlaw
MILLS, Judge.
The issue raised by this appeal is whether Chapter 74-274, Laws of Florida, referred to as the Police Officers’ Bill of Rights, and subsequently enacted as Sections 112.531-112.534, Florida Statutes (1975), is applicable to the constitutional office of Sheriff.
On 1 September 1964, Sheriff Wilson appointed Mr. Johnson as a deputy sheriff. Johnson served as a deputy sheriff until 10 October 1974 when the Sheriff withdrew his appointment without notice and without a specific reason. Johnson wrote the Police Standards Board, now the Police Standards and Training Commission, stating that the Sheriff, had not afforded him the rights required by Chapter 74-274, and requesting the Board to take action permitted by the Chapter to enjoin the Sheriff from violating any rights he had under the Chapter. The Sheriff then filed a declaratory judgment action against Johnson, which among other things, challenged the applicability of Chapter 74-274 to his office as Sheriff. After a non-jury trial, the trial court ruled that Chapter 74-274 was not applicable to the constitutional office of Sheriff. Johnson appeals from the adverse final judgment.
An employing agency is defined as any municipality or the state or any political subdivision thereof which employs law enforcement officers. Section 112.531(2), Florida Statutes (1975). A political subdivision includes counties, cities, towns, villages, special tax districts, special road and bridge districts, bridge districts and all other districts in the state. Section 1.01(9), Florida Statutes (1975). A law enforcement officer is any person, other than a chief of police, employed full time by any municipality or this state or any political subdivision thereof, whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, traffic or highway laws of this State. Section 112.531(1), Florida Statutes (1975).
Chapter 74-274 must be given its plain and obvious meaning. Brooks v. Anastasia Mosquito Control District, 148 So. 2d 64 (Fla. 1st DCA 1963). The language used in the Chapter is so plain and unambiguous that it leaves no room for doubt as to the intent of the legislature in enacting it.
It is obvious that Sheriff Wilson, who is a constitutional officer, is not a municipality, is not the State of Florida, and is not a political subdivision of the state.
It is also clear that the Sheriff did not employ Johnson as a deputy sheriff but appointed him which gave him the same power as the Sheriff under whom he was acting. Section 30.07, Florida Statutes (1975). Johnson was not an employee but was an officer. Blackburn v. Brorein, 70 So. 2d 293 (Fla.1954); Parker v. Hill, 72 So. 2d 820 (Fla.1954).
The trial court correctly held that Chapter 74-274, Laws of Florida, was not applicable to the constitutional office of Sheriff.
We affirm the final judgment.
BOYER, C. J., and McCORD, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
-
Beard v. Hambrick, 396 So. 2d 708 (Fla. 1981)…f the section. To hold otherwise creates an artificial governmental entity for sheriffs and other named county officials that was not intended by either the legislature or the framers of our constitution. The court below relied on Johnson v. Wilson, 336 So. 2d 651, 652 (Fla. 1st DCA 1976), which found that a sheriff “is not a political subdivision of the state.” To the extent that this conflicts with our holding that a [*712] sheriff is an official of a political subdivision of the state, that portion of John…
-
Murphy v. Mack, 358 So. 2d 822 (Fla. 1978)…held that the deputy sheriff was not an employee but did come under the purview of the Workmen’s Compensation Act, not as an employee but as an officer “not elected at the polls.” The District Court of Appeal, First District, in Johnson v. Wilson, 336 So. 2d 651 (Fla. 1st DCA 1976), has previously determined that a deputy sheriff was not an [*826] employee since the sheriff did not employ Johnson as a deputy sheriff but appointed him, giving him the same power as the sheriff. The issue posed therein was whe…
-
McRAE v. Douglas, 644 So. 2d 1368 (Fla. 5th DCA 1994)…3). In considering whether deputy sheriffs are entitled to coverage under the statutory scheme, the First and Second District Courts of Appeal have held that a sheriff is not an “employing agency” as defined in section 112.531(3). Johnson v. Wilson, 336 So. 2d 651 (Fla. 1st DCA 1976); Evans v. Hardcastle, 339 So. 2d 1150 (Fla. 2d DCA 1976). See also Tanner v. McCall, 441 F.Supp. 503 (M.D.Fla.1977), modified on other grounds, 625 F. 2d 1183 (5th Cir.1980), cert. denied, 451 U.S. 907, 101 S.Ct. 1975, 68 L.Ed.2d…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Blackburn v. Brorein, 70 So. 2d 293 (Fla. 1954)
- Brooks v. Anastasia Mosquito Control Dist., 148 So. 2d 64 (Fla. 1st DCA 1963)
- Parker v. Hill, 72 So. 2d 820 (Fla. 1954)