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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: March 2, 2022  Amends - GO 2.1.2 ( July 7, 2017 ) Number: 2.1.2 Distribution: All Personnel Review Month: March Reviewing Authority: SSD/Quality Assurance Subject: Role And Authori ty Of The Sheriff This order consists of the following: 1. Purpose 2. Policy 3. Procedures 1. Purpose The purpose of this policy is to provide guidance to personnel in accomplishing their missions by defining their roles, authority and responsibilities, as defined by the authority of the Sheriff of Orange County and applicable law. 2. Policy It is the policy of the Sheriff to establish direction and unity of purpose for the entire agency by providing for the enactment of organizational goals and object ives and the measurement of progress. 3. Procedures A. Authority The Sheriff of Orange County is the chief law enforcement officer in the County. The Sheriff's authority is derived from Article VIII, Section 1(d) of the Florida Constitution, and FS C hapter 30 . The Sheriff is empowered to appoint deputies to act under them , who shall have the same power as the Sheriff. 1. Oath of Office All sworn personnel, prior to assuming sworn status, are required to take and abide by the Oath of Office, to enforc e the law and uphold the United States Constitution, and the Constitution of the State of Florida. 2. Exercise of Authority based on Legal Justification What is reasonable action by a deputy sheriff or what constitutes probable cause varies with each situation. Facts may justify an investigation, detention, search, arrest or no action at all. The requirement that legal justification be present imposes a basic limitation on our actions. Deputies must act reasonably and within the limits of authority, as defined by statute and judicial interpretation, thereby confirming that the rights of the individual and the public are protected. 3. Use of Discretion, Alternatives to Arrest There will be instances when a crime occurs and no physical arrest is 2.1.2, Page 2 of 9 made. The decision not to arrest will be guided by the facts of the situation, the availability of reasonable alternatives, the best interests of those involved, the needs of the community and the interests of justice. Public empathy can be enhanced by the careful use of discretion, and potential ill will can be avoided. Should questions arise concerning a particular situation, the deputy involved should confer with a supervisor. Alternatives to arrest include, but are not limited to, citations, Notices to Appear , referrals, informal resolution, such as the Citizen Dispute Settlement Program, and warnings. Procedures are outlined in GO 15.1. 1, Field Reports, GO 7.1.3 Juvenile Civil Citations, GO 7.1.4, Notice to Appear, and GO 6.1.6, Traffic Enforceme nt. B. Duties and Responsibilities 1. Statutory Duties As defined in the Florida Constitution or F S 30.15 , the Sheriff of Orange County, in person or by deputy shall: a. Execute all process of the Supreme Court, circuit c ourts, county courts, and the board of county commissioners of this State, to be executed in Orange County. b. Execute such other writs, processes , war rants and other papers directed to them that come into their hands to be executed in Orange County. c. Attend all sessions of the circuit court and county court held in Orange County. d. Be conservators of the peace in Orange County . e. Apprehend with out warrant any person disturbing the peace, and carry that person before the proper judicial officer, that further proceedings may be had against them according to law. f. Have authority to raise the power of the county and command any person to assist them, when necessary, in the execution of the duties of the office. g. Perform such other duties as may be imposed upon them by law. h. Assist district school boards and charter school governing boards in complying with FS 1006.12 . 2. General Duties and Responsibilities The Sheriff of Orange County, as the Chief Executive Officer, has the authority and responsibility for the manage ment, direction and control of the operations and administration of the O range County Sheriff's Office. Under that authority, the following duties and responsibilities are delegated to all sworn personnel: a. Protect the Constitutional rights of all person s. b. Do everything within our power and authority to prevent criminal behavior from occurring in Orange County. c. Reduction of fear within our communities in Orange County. d. Maintain order within Orange County. 2.1.2, Page 3 of 9 e. Provide effective disaster response to our community through proper disaster preparedness. f. Problem solving , to include the identification, analysis, design and implementation of action to thwart crime inducing or enabling conditions. g. Provide a professional service resulting in community satisfaction. h. Strive for public accountability and shared, community responsibility for crime control. i. Apprehend violators of the law. j. Conduct thorough, logical and professional investigations. C. Command and Control 1. Supervisory Accountability Supervisors are accountable for the performance of personnel under their immediate control. This standard applies to each level