| Fresh Take Florida
The state Supreme Court on Wednesday heard arguments on behalf of Alachua County Sheriff Sadie Darnell that Florida sheriffs should have broad discretion over money they receive from local tax dollars.
The case stems from a 2017 lawsuit filed by Alachua County commissioners against Darnell, who lost her bid for re-election earlier this year. Darnell and commissioners disagreed over whether she could shift money within her budget after it had been allocated for a different purpose.
The decision is expected to have wide-ranging effects over the authority of sheriffs across Florida to control their funding. Justices seemed skeptical of the sheriff’s arguments.
Two lower courts had previously ruled in the sheriff’s favor. The county appealed to the Florida Supreme Court.
“They are first responders,” said the sheriff’s attorney, Cynthia Weygant. “Unlike other areas of the government, sheriffs’ needs can change in an instant, like if there is a natural disaster.”
Chief Justice Charles T. Canady appeared unimpressed with that argument, calling it “fallacious” because other government agencies have changing needs as well — including, he said, the Florida Supreme Court.
“As someone who is responsible for the judicial branch, we face changing needs all the time because of unexpected circumstances,” Canady said.
Under Florida law, sheriffs must “prepare and submit to the board of county commissioners a proposed budget” each fiscal year, which begins on Oct. 1. The proposed budget must include estimated expenses to operate and equip the sheriff’s office and jail.
In court, an attorney representing the county commission, James Parker-Flynn, said the law does not allow the sheriff to change the amounts she intends to spend after approval by the county. He said if the sheriff can reallocate money, then transparency would be lost.
Weygant, the sheriff’s lawyer, said sheriffs are elected constitutional officers, and their independence from county interference is protected by law. She said county commissioners would be told how sheriffs spent money because sheriffs submit detailed, annual financial reports.
Justice Carlos Muñiz questioned the sheriff’s argument.
“Why even bother having this process, a budget and specific appropriations for these things if the sheriff can just move things around with the amount of discretion that you are arguing for?” Muñiz asked.
The sheriff’s office is funded through taxes on county residents, Weygant said, and voters can elect a new sheriff if they were unhappy about spending.
“They certainly have the right to make their displeasure known at the ballot box,” Weygant said.
Justice John Couriel said that argument ignores Florida laws outlining how local governments approve annual county budgets. “You are saying the county should just ignore this carefully laid out statutory process,” he said. “‘Hey, if the people are not happy, they will just vote her out.’”
Darnell was, in fact, voted out in August. She lost the Democratic primary to Clovis Watson Jr., a former state lawmaker. There was no Republican opponent in Tuesday night’s general election so Watson will assume the office next year.
— This story was produced by Fresh Take Florida, a news service of the University of Florida College of Journalism and Communications.