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