HB 729 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to local officials' employment 2
contracts; amending s. 125.73, F.S.; providing that 3
the employment contract for a county administrator is 4
not to be renewed, extended, or renegotiated during a 5
specified timeframe; creating s. 125.75, F.S.; 6
providing that the employment contract for a county 7
attorney is not to be renewed, extended, or 8
renegotiated during a specified timeframe; amending s. 9
166.021, F.S.; providing that the employment contracts 10
for a chief executive officer of a municipality and a 11
municipal attorney are not to be renewed, extended, or 12
renegotiated during a specified timeframe; amending s. 13
1001.50, F.S.; providing that a district school 14
superintendent's employment contract with the district 15
school board is not to be renewed, extended, or 16
renegotiated during a specified timeframe; creating s. 17
1012.336, F.S.; providing that the employment contract 18
of an attorney employed by a district schoo l board is 19
not to be renewed, extended, or renegotiated during a 20
specified timeframe; amending s. 112.061, F.S.; 21
conforming cross-references; providing an effective 22
date. 23
24
Be It Enacted by the Legislature of the State of Florida: 25
HB 729 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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Section 1. Subsection (5) is added to section 125.73, 27
Florida Statutes, to read: 28
125.73 County administrator; appointment, qualifications, 29
compensation.— 30
(5) The county administrator's employment contract shall 31
not be renewed, extended, or renegotiated within 12 months 32
before an August primary election for county mayor, if 33
applicable, or for members of the governing body of the county. 34
Section 2. Section 125.75, Florida Statutes, is created to 35
read: 36
125.75 County attorney contract. -The county attorney's 37
employment contract shall not be renewed, extended, or 38
renegotiated within 12 months before an August primary election 39
for county mayor, if applicable, or for members of the governing 40
body of the county. 41
Section 3. Present subsection (9) of section 166.021, 42
Florida Statutes, is redesignated as subsection (10), and a new 43
subsection (9) is added to that section, to read: 44
166.021 Powers.— 45
(9)(a) The employment contract of the chief executive 46
officer of a municipality shall not be renewed, extended, or 47
renegotiated within 12 months before an August primary election 48
for the municipal mayor or for members of the governing body of 49
the municipality. 50
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(b) The employment contract of the municipal attorney 51
shall not be renewed, extended, or renegotiated within 12 months 52
before an August primary election for the municipal mayor or for 53
members of the governing body of the municipality. 54
Section 4. Subsection (2) of section 1001.50, Florida 55
Statutes, is amended to read: 56
1001.50 Superintendents employed under Art. IX of the 57
State Constitution.— 58
(2) Each district school board shall enter into an 59
employment contract with the district school superintendent and 60
shall adopt rules relating to his or her appointment; however, 61
if the employment contract contains a provision fo r severance 62
pay, it must include the provisions required by s. 215.425. The 63
superintendent's employment contract shall not be renewed, 64
extended, or renegotiated within 12 months before an August 65
primary election for district school board members. 66
Section 5. Section 1012.336, Florida Statutes, is created 67
to read: 68
1012.336 Contracts with attorneys of the district school 69
boards.-The employment contract of an attorney with the district 70
school board shall not be renewed, extended, or renegotiated 71
within 12 months before an August primary election for district 72
school board members. 73
Section 6. Paragraphs (a) and (c) of subsection (14) of 74
section 112.061, Florida Statutes, are amended to read: 75
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112.061 Per diem and travel expenses of public officers, 76
employees, and authorized persons; statewide travel management 77
system.— 78
(14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT 79
SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING 80
ORGANIZATIONS.— 81
(a) The following entities may establish rates tha t vary 82
from the per diem rate provided in paragraph (6)(a), the 83
subsistence rates provided in paragraph (6)(b), or the mileage 84
rate provided in paragraph (7)(d) if those rates are not less 85
than the statutorily established rates that are in effect for 86
the 2005-2006 fiscal year: 87
1. The governing body of a county by the enactment of an 88
ordinance or resolution; 89
2. A county constitutional officer, pursuant to s. 1(d), 90
Art. VIII of the State Constitution, by the establishment of 91
written policy; 92
3. The governing body of a district school board by the 93
adoption of rules; 94
4. The governing body of a special district, as defined in 95
s. 189.012, except those special districts that are subject to 96
s. 166.021(10) s. 166.021(9), by the enactment of a resolution; 97
or 98
5. Any metropolitan planning organization created pursuant 99
to s. 339.175 or any other separate legal or administrative 100
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entity created pursuant to s. 339.175 of which a metropolitan 101
planning organization is a member, by the enactment of a 102
resolution. 103
(c) Except as otherwise provided in this subsection, 104
counties, county constitutional officers and entities governed 105
by those officers, district school boards, special districts, 106
and metropolitan planning organizations, other than those 107
subject to s. 166.021(10) s. 166.021(9), remain subject to the 108
requirements of this section. 109
Section 7. This act shall take effect July 1, 2023. 110