October 22, 2020
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HM 515

House Memorial
2A memorial to the Congress of the United States, urging
3Congress to refrain from applying the Hatch Act to members
4of a Florida sheriff's office who are seeking elected
5public office.
7     WHEREAS, the United States Office of the Special Counsel
8has determined that the federal Hatch Act, 5 U.S.C. ss. 1501-
91508, applies to any member of a Florida sheriff's office who is
10campaigning for a partisan public office, including the Office
11of Sheriff, and
12     WHEREAS, the Office of the Special Counsel has concluded
13that it has jurisdiction in cases involving Florida sheriffs on
14the premise that a sheriff is included within the executive
15branch of the State of Florida, and
16     WHEREAS, the Office of the Special Counsel has determined
17that members of a sheriff's office who have direct or indirect
18oversight of federal grants are subject to the Hatch Act, and
19     WHEREAS, the Office of the Special Counsel has required
20such members to resign from their current position or withdraw
21their candidacy, and
22     WHEREAS, such members would not otherwise be required to
23resign or withdraw their candidacy under Florida law, and
24     WHEREAS, the intrusion of the Office of the Special Counsel
25into the Florida election process may dissuade otherwise
26qualified candidates from retaining their positions or seeking
27public office, NOW, THEREFORE,
29Be It Resolved by the Legislature of the State of Florida:
31     That the Florida Legislature opposes the extension of the
32Hatch Act to members of a Florida sheriff's office who are
33seeking an elected office as contrary to the best interests of
34the residents of the State of Florida.
35     BE IT FURTHER RESOLVED that the Florida Legislature
36specifically recognizes that a Florida sheriff is an independent
37constitutional officer who is not included within the executive
38branch of the State of Florida, such that the Office of the
39Special Counsel should not exercise jurisdiction over the
40sheriffs of this state in cases involving the Hatch Act.
41     BE IT FURTHER RESOLVED that copies of this memorial be
42dispatched to the President of the United States, to the
43President of the United States Senate, to the Speaker of the
44United States House of Representatives, and to each member of
45the Florida delegation to the United States Congress.

CODING: Words stricken are deletions; words underlined are additions.
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