October 27, 2020
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       Florida Senate - 2010                                     SM 964
       
       
       
       By Senator Detert
       
       
       
       
       23-00938-10                                            2010964__
    1                           Senate Memorial                         
    2         A memorial to the Congress of the United States,
    3         urging Congress to refrain from applying the Hatch Act
    4         to members of a Florida sheriff’s office who are
    5         seeking elected public office.
    6  
    7         WHEREAS, the United States Office of the Special Counsel
    8  has determined that the federal Hatch Act, 5 U.S.C. ss. 1501
    9  1508, applies to any member of a Florida sheriff’s office who is
   10  campaigning for a partisan public office, including the Office
   11  of Sheriff, and
   12         WHEREAS, the Office of the Special Counsel has concluded
   13  that it has jurisdiction in cases involving Florida sheriffs on
   14  the premise that a sheriff is included within the executive
   15  branch of the State of Florida, and
   16         WHEREAS, the Office of the Special Counsel has determined
   17  that members of a sheriff’s office who have direct or indirect
   18  oversight of federal grants are subject to the Hatch Act, and
   19         WHEREAS, the Office of the Special Counsel has required
   20  such members to resign from their current position or withdraw
   21  their candidacy, and
   22         WHEREAS, such members would not otherwise be required to
   23  resign or withdraw their candidacy under Florida law, and
   24         WHEREAS, the intrusion of the Office of the Special Counsel
   25  into the Florida election process may dissuade otherwise
   26  qualified candidates from retaining their positions or seeking
   27  public office, NOW, THEREFORE,
   28  
   29  Be It Resolved by the Legislature of the State of Florida:
   30  
   31         That the Florida Legislature opposes the extension of the
   32  Hatch Act to members of a Florida sheriff’s office who are
   33  seeking an elected office as contrary to the best interests of
   34  the residents of the State of Florida.
   35         BE IT FURTHER RESOLVED that the Florida Legislature
   36  specifically recognizes that a Florida sheriff is an independent
   37  constitutional officer who is not included within the executive
   38  branch of the State of Florida, such that the Office of the
   39  Special Counsel should not exercise jurisdiction over the
   40  sheriffs of this state in cases involving the Hatch Act.
   41         BE IT FURTHER RESOLVED that copies of this memorial be
   42  dispatched to the President of the United States, to the
   43  President of the United States Senate, to the Speaker of the
   44  United States House of Representatives, and to each member of
   45  the Florida delegation to the United States Congress.

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