A new sheriff is coming, but Miami-Dade County won’t turn over its police force

Miami-Dade commissioners won’t let a new sheriff take over the county police department, a plan that could lead to costly duplication efforts.

County Commissioners on Monday approved legislation that will allow the mayor to keep control over the police department in unincorporated areas outside city limits.

The 9-4 vote resolves one of the biggest sticking points in county politics over how Miami-Dade County’s existing government would implement the state-mandated creation of a new sheriff’s office. Florida voters in 2018 approved the measure, which requires each county to elect an independent sheriff, elections supervisor, tax collector and clerk of court.

READ MORE: Five complications facing Miami-Dade from electing sheriff, voting chief, tax collector

The commission’s budget office predicted higher costs are inevitable — especially if a new sheriff wanted enough cars and officers to patrol the Miami-Dade suburbs, too.

“We literally need a second police department,” Commissioner Sally Heyman said of creating the sheriff’s office while Miami-Dade retains its own police force. “That’s going to come at a heck of a cost.”

Commissioner Joe Martinez — a former county police officer who might run for sheriff — unsuccessfully proposed legislation to turn over the entire department to the new sheriff after the 2024 elections. Florida law establishes the sheriff as the top police official in each county, but allows municipalities to continue operating their own independent police forces within city limits.

Miami-Dade is the only Florida county without a separately elected sheriff — the county mayor currently holds those powers.

On Monday, commissioners approved legislation backed by Mayor Daniella Levine Cava to retain the county police department under the mayor’s supervision for areas outside of city limits that depend on Miami-Dade for municipal services.

That’s a sprawling area that covers about 40% of the county’s households and roughly 1 million people.

Commissioner Raquel Regalado joined the majority in voting for the legislation sponsored by Chairman Jose “Pepe” Diaz to keep the Miami-Dade Police Department mostly intact with patrol units and investigative bureaus.

She called it an “equity” issue for residents that rely on Miami-Dade for municipal services. While city residents would continue having neighborhood police patrols under the supervision of a mayor and municipal commission, residents outside of city limits would have only the sheriff overseeing local police if Miami-Dade turns over the entire department.

“When they call us to talk about police, they will have no recourse,” she said. “They will be told to go to the sheriff.”

The resolution includes instructions for the county mayor to negotiate agreements for transferring an unspecified portion of staff and assets to the new sheriff.

Joining Martinez in voting against the measure were Commissioners René Garcia, Heyman and Kionne McGhee.

Miami-Dade last elected a sheriff in the 1960s, but voters abolished the separate office after four years following a corruption scandal. The sheriff powers transferred to what was then called Dade County.

Currently, the county commission oversees a 4,700-person county police department with a budget of $815 million which investigates homicides, suspicious fires, drug rings, fraud and other crimes countywide. Police also patrol neighborhoods in the county’s unincorporated areas located outside of city limits.

There’s no official estimate yet on the costs for Miami-Dade’s county government to continue providing police services outside of city limits while a sheriff operates countywide.

“If they assumed the responsibility of [unincorporated] patrols, that would be within the legal authority of the sheriff to do that,” said Jennifer Moon, director of the commission’s police and budget office. “If you create two different departments, you’ll have two different back-office functions,” such as human resources, payroll and purchasing.

The sheriff’s office would rely on county taxes for funding, and its budget would have to be approved by Miami-Dade commissioners. But Florida law allows a sheriff to appeal budget decisions to the state Cabinet, a panel that includes Gov. Ron DeSantis.

While the resolution approved Monday sets county policy and instructs Levine Cava to fill in the details, the matter may not end with the commission vote.

The Florida Sheriff’s Association has already promised a court fight if Miami-Dade commissioners try to retain policing authority over the county’s unincorporated areas, which the group claims falls solely under a sheriff’s authority.

“It’s disappointing,” Pinellas Sheriff Bob Gualtieri said after attending the Miami-Dade meeting. “I think it’s illegal. And it’s contrary to the will of the voters.”

This story was originally published June 6, 2022 at 6:48 PM.