Florida Police Benevolent Ass'n v. Miller

DAUKSCH, Judge.

This is an appeal from a judgment in a declaratory relief action.

The issue on appeal is whether a sheriff must pay, out of public funds, for the attorneys fees and legal costs of one of his deputies who successfully defends a criminal prosecution against the said deputy-

Appellant urges that the holding in Nuzum v. Valdes, 407 So.2d 277 (Fla. 3d DCA 1981) is applicable and that the sheriff is required under the common law to pay for the fees and costs. Nuzum is not directly on point for two reasons. One, because a different statute applies; two, because a different procedure…