Florida 2024 2024 Regular Session

Florida House Bill H5007 Analysis / Analysis

Filed 02/01/2024

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h5007.APC 
DATE: 2/1/2024 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 5007          PCB APC 24-04    Compensation of Elected Officers and Judges 
SPONSOR(S): Appropriations Committee, Leek 
TIED BILLS:   IDEN./SIM. BILLS:  
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
Orig. Comm.: Appropriations Committee 26 Y, 0 N Willson Pridgeon 
SUMMARY ANALYSIS 
 
The bill conforms current law to the funding decisions related to the compensation of elected officer and judges 
included in the House proposed General Appropriations Act for Fiscal Year 2024-2025. 
 
The Florida Constitution provides that the compensation and method of payment of state and county officers 
shall be fixed by law.  
 
Currently, the General Appropriations Act (GAA) provides for the compensation of a number of elected officers 
and judges, but not elected members of the Legislature.  
 
Section 11.13, F.S., provides for the annual salaries of members of the Senate and House of Representatives 
and requires that members’ annual salaries be adjusted each July 1 by the average percentage increase in the 
salaries of state career service employees in the previous fiscal year. 
 
Beginning in 2010, the Legislature has maintained the annual salaries for members at the levels in effect on 
July 1, 2010, through a provision in each year’s bill implementing the General Appropriations Act.  
 
The bill repeals s. 11.13(1), F.S., providing for:  
 the annual salaries of members of the Senate and House of Representatives, and 
 the annual adjustment of member salaries relative to the average salary increase for state career 
service employees in the previous fiscal year. 
 
Additionally, the bill provides that, beginning in Fiscal Year 2027-2028, the Legislature will establish annual 
salaries, relative to the salary of a Supreme Court Justice, for the Governor, Lieutenant Governor, Cabinet 
members, and certain judges in the General Appropriations Act. 
 
Section 8 of the proposed House General Appropriations Act establishes salaries for members of the 
Legislature at the same levels currently in effect. See FISCAL COMMENTS. 
 
The bill provides for an effective date of July 1, 2024.  
   STORAGE NAME: h5007.APC 	PAGE: 2 
DATE: 2/1/2024 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSE D CHANGES: 
Current Situation 
 
Compensation of Public Officers – Florida Constitution 
 
The Florida Constitution provides that the powers, duties, compensation and method of payment of 
state and county officers shall be fixed by law.
1
 The Constitution further provides that laws making 
appropriations for salaries of public officers and other current expenses of the state shall contain 
provisions on no other subject.
2
 
 
General Appropriations Act 
 
Section 8 of the General Appropriations Act (GAA) provides for the compensation of elected officers 
and judges, including the Governor, Lieutenant Governor, Chief Financial Officer, Attorney General, 
Commissioner of Agriculture,
3
 Supreme Court Justices, and District Courts of Appeal, Circuit, and 
County Court Judges.
4
 These salaries may be reduced on a voluntary basis.
5
 
 
Members of the Legislature 
 
In 1985,
6
 the Legislature amended s. 11.13(1), F.S., to adjust the annual salaries of members of the 
Senate and House of Representatives (members) as follows: 
 The President of the Senate and Speaker of the House of Representatives, $25,000 each. 
 All other members of the Senate and House of Representatives, $18,000 each. 
 
In the same year, the Legislature specified that members’ annual salaries must be adjusted annually by 
the average percentage increase in the salaries of state career service employees in the previous fiscal 
year.
7
  
 
Beginning in 2010,
8
 the Legislature has maintained the annual salaries for members at the levels in 
effect on July 1, 2010, through a provision in each year’s bill implementing the General Appropriations 
Act.
9
  
 
Effect of Bill 
 
The bill repeals s. 11.13(1), F.S., providing for:  
 the annual salaries of members of the Senate and House of Representatives, and 
 the annual adjustment of member salaries relative to the average salary increase for state 
career service employees in the previous fiscal year. 
 
Additionally, the bill provides that, beginning in Fiscal Year 2027-2028, the Legislature will establish 
annual salaries for elected officers and judges in the General Appropriations Act, as follows: 
 
                                                
1
 art. II, s. 5, Fla. Const. 
2
 art. III, s. 12, Fla. Const. 
3
 Section 570.13, F.S., provides that the annual salary of the commissioner of agriculture “shall be the amount as provided 
by law.” 
4
 Article V, section 14(a) of the Florida Constitution provides that “all justices and judges shall be compensated only by 
state salaries fixed by general law.” 
5
 See, e.g., s. 8, ch. 2023-239, Laws of Fla. (Fiscal Year 2023-2024 General Appropriations Act) 
6
 s. 8, ch. 85-322, Laws of Fla. 
7
 Id. 
8
 s. 58, ch. 2010-153, Laws of Fla. (Fiscal Year 2010-2011 Implementing Bill) 
9
 See, e.g., s. 84., ch. 2022-137, Laws of Fla. (Fiscal Year 2023-2024 Implementing Bill)  STORAGE NAME: h5007.APC 	PAGE: 3 
DATE: 2/1/2024 
  
Governor 	At least 100% of Supreme Court Justice Salary 
Lieutenant Governor At least 95% of Governor Salary 
Chief Financial Officer At least 95% of Governor Salary 
Attorney General 	At least 95% of Governor Salary 
Commissioner of Agriculture At least 95% of Governor Salary 
District Court of Appeal Judge At least 90% of Supreme Court Justice Salary 
Circuit Court Judge At least 80% of Supreme Court Justice Salary 
County Court Judge At least 75% of Supreme Court Justice Salary 
 
The bill specifies that these salaries may be reduced on a voluntary basis. 
 
The bill provides for an effective date of July 1, 2024. 
 
 
B. SECTION DIRECTORY: 
Section 1 Amends s. 11.13, F.S., removing provisions specifying and providing for an annual 
adjustment of the annual salaries of members of the Senate and the House of 
Representatives. 
 
Section 2 Requires the Legislature to establish annual salaries for elected officers and judges in a 
certain manner beginning in a certain fiscal year; specifies minimum annual salaries; 
authorizes the voluntary reduction of such salaries. 
 
Section 3 Provides an effective date. 
 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
None. 
 
D. FISCAL COMMENTS: 
Section 8 of the proposed House General Appropriations Act establishes salaries for members of the 
Legislature at the same levels currently in effect, which are as follows: 
 The President of the Senate and Speaker of the House of Representatives, $41,181 each, and 
 All other members of the Senate and House of Representatives, $29,697 each.  STORAGE NAME: h5007.APC 	PAGE: 4 
DATE: 2/1/2024 
  
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
Not applicable. 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
None. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES