Bill Text: FL S0964 | 2010 | Regular Session | Introduced

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Bill Title: Hatch Act [GPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-30 - Died in Committee on Ethics and Elections [S0964 Detail]

Download: Florida-2010-S0964-Introduced.html

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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.