Elected Miami-Dade sheriff could move HQ out of Miami
In a move linked to a new county sheriff’s post, a bid to expand the area of Miami-Dade’s county seat beyond the City of Miami is headed to the county commission after the Chairman’s Council of Policy adopted it 7-1 last week.
The resolution by Joe A. Martinez would allow the sheriff, tax collector, property appraiser, supervisor of elections, and clerk of court to move their offices to other locations. Under the state constitution and statutes, principal offices and permanent records of all county officers must be in the municipality designated as county seat.
In voting no, Raquel Regalado argued that commissioners should first discuss responsibilities of those constitutional officers before altering the county seat. She said a fiscal impact analysis is needed to make a decision that could cost county residents millions.
Miami-Dade is to elect a sheriff, a new post, in 2024 as required by a constitutional amendment passed in 2018. Mr. Martinez, a former county police lieutenant, reaches his term limit that year. His staff confirmed he had a legislative hold for covid reasons until this month on an item to discuss functions and powers of this and other constitutional officers, so commissioners could not discuss these.
“Expanding the geographical boundaries of the Miami-Dade County seat prior to the re-establishment of the previously abolished county constitutional officers in Miami-Dade County on Jan. 7, 2025, will provide additional locations for the permanent offices of these officers at a lower financial cost to the county, the county officers, and the City of Miami,” the resolution says.
Ms. Regalado said moving forward with the resolution implied taking decisions in the wrong order.
“I thought we had decided that all the items that had to do with the constitutional officers would come together,” she said. She argued that allowing the offices to relocate would impact all constitutional officers and the investments made over 30 years in county buildings.
“I think that this should wait until we make the other decision as to how we’re going to create these offices and then we get back to this because we may not even need to do this and we cannot make a decision like this until we look at all of our assets,” she said in moving for a deferral.
Jose “Pepe” Diaz, Rebeca Sosa and Sally Heyman opposed deferral. Mr. Martinez did not attend.
The City of Miami has been the county seat since 1899. Ms. Sosa argued that times have changed and moving forward, county offices should expand their boundaries to include incorporated and unincorporated areas.
“Creating only the offices of all county officers and all permanent county records within one single municipality can create a financial strain on both the county and county officers and the county CID [community improvement district] municipality by requiring the use of high-value real estate for government function that can be more effectively located elsewhere,” Ms. Sosa said.
Mr. Diaz argued the Elections Department and main Police Department are in Doral and many offices aren’t in the City of Miami, but said he recognized the need to look at the financial implications.
“I don’t disagree that we might actually put this idea and bring it to fruition, but I don’t know that we [should] do it before we have a broader conversation about how we’re going to handle the positions,” said Vice Chairman Oliver Gilbert. “So, we’re going to say now you can move wherever you want to before we tell them all the powers that they’re taking.”
Tim Rodriguez
February 17, 2022 at 7:33 am
Martinez lost congressional in 2014 and has won against to unknown candidates. He could never win county wide, so question is who is he doing this work for? Who is the real candidate for sheriff?
Robert A. Danford
April 2, 2022 at 3:48 am
I fled the people’s republic of California to get away of fruitfly elected officials who cannot make a living like everyone else, they have to jump ship and feed at slop bowl which is the taxpayers pocket. If you leave office go away and open the windows and let the room air out!
Ignacio J. Vazquez
April 22, 2022 at 4:44 pm
The elected Miami-Dade sheriff could move HQ out of Miami. No, not necessarily, the newly elected Sheriff can operate from the current offices utilized by MDPD’s Court Services Bureau, located at Overtown Transit Village South 601 NW 1st Court 9th Floor Miami FL 33136. The Court Services Bureau major can remain at the same location; there is plenty of room there. The Under Sherriff, currently MDPD’s police director, can operate from the department’s current address at 9105 NW 25th St, Doral, FL 33172.
A legal and political gathering storm is what Mayor Cava and Commissioner Regalado are proposing regarding limiting the newly-elected Sheriff. I hope these elected officers have sought the County Attorney and Florida Attorney General’s opinions regarding the Sheriff’s authority. As there is plenty of case law buttressing the Sheriff’s powers. As a Constitutional Officer, the Sheriff derives his or her authority from Florida’s Constitution, Article V, Judiciary Branch, powers Dade’s strong-mayor cannot abrogate. The Sheriff’s Law Enforcement authority is codified in Florida State Statute, Chapter 30 Sheriff, particularly the Sheriff, through deputies, serves as Conservator of The Peace, FSS 30.15. That means the entire spectrum of police authority currently exercised by MDPD and more. As such Dade County, through ordinance, cannot preempt Florida Statute; that is FSS Chapter 30 Sheriff.
Readers might remember that on November 6, 2018, Florida voters passed Amendment 10 by 63.15% statewide and by 58.3% in Dade County in favor of an elected sheriff. Any attempt by Dade elected officials to dilute the newly-elected Sheriff’s authority would be a violation of Florida’s Constitution, a preemption of Florida Law, Chapter 30 Sheriff, and worse, trampling on the will of Florida and Dade Voters.
Who will be Dade’s newly elected Sheriff? Voters will decide it. In the interim, there is no need to alarm Dade taxpayers with a prognostication that it will cost millions to fully reinstitute the Sheriff’s Office. Drivel! The newly elected Sheriff can transition almost seamlessly. MDPD already operates as Dade’s de facto Sheriff’s Office, so there is no need to reinvent the wheel. Nowhere in FSS Chapter 30, Sheriff is there a mandate for Dade’s transitioning deputies to be clad in green uniforms. Our “Brown Gown” is just fine thank you. Nor is there a need to change badges. The current ones are just fine, just look upon it, and read what it says: Sheriff Office Dade County FLA; within the Sheriff’s star, the inscriptions DEPUTY SHERIFF. Leave the badges alone! The only statutory requirement imposed by FSS 30.46 (1) Sheriffs; motor vehicles color combination; badges; simulation prohibited; penalties, and MDPD is and has been in compliance since I came on September 18th, 1972.
Mayor Cava can keep the Corrections, Fire Departments, and all other bureaucratic attachments currently under Dade’s public safety umbrella. No, I have no desire to seek that office that challenge is for a much younger person. “I have fought the good fight, I have finished the race, I have kept the faith.” 2 Timothy 4:7
Ignacio Jesús Vázquez, Retired
Dade County deputy sheriff
September 18th through June 30, 2003