The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Governmental Oversight and Accountability
BILL: SB 1760
INTRODUCER: Senator Grall
SUBJECT: Public Officers and Employees
DATE: March 24, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McVaney McVaney GO Pre-meeting
2. AEG
3. RC
I. Summary:
SB 1760 places additional citizenship and residency requirements on state executive branch
officers and defines the term “office” for purposes of the constitutional prohibition on dual
office-holding.
This bill is not expected to affect state or local government revenues or expenditures.
This bill takes effect July 1, 2025.
II. Present Situation:
Residency Requirements
A residency requirement is a mandate that certain public officers – elected and, in some cases,
appointed—be residents of the area they serve or the area in which they work. Current law places
specific residency requirements on the following public officers in Florida:
• Governor.
1
• Lieutenant Governor.
2
• Cabinet members (Attorney General, Chief Financial Officer, and Commissioner of
Agriculture).
3
• State legislators.
4
1
The Governor must be a state resident for seven years and an elector before being elected. FLA. CONST. art. IV, s. 5(b).
2
The Lieutenant Governor must be a state resident for seven years and an elector before being elected. Id.
3
Cabinet members must be state residents for seven years and an elector before being elected. Id.
4
State legislators must be residents of the district from which they are elected, be an elector in the district from which they
were elected, and have resided in Florida for at least two years prior to being elected. FLA. CONST. art. III, s. 15(c).
REVISED: BILL: SB 1760 Page 2
• State attorneys.
5
• Public defenders.
6
• County commissioners.
7
• School board members.
8
• Judges (supreme court justices, district court of appeal judges, and circuit court judges).
9
All candidates for state and county public office, except candidates for judicial office, must
subscribe to an oath affirming they are qualified electors of their county at the time of qualifying
for public office.
10
In order to be a qualified elector, one must be a U.S. citizen and a resident of
the state as well as the county in which he or she registers to vote.
11
The Division of Elections
within the Department of State has opined that, unless otherwise provided by the State
Constitution, statute, or court ruling, the qualifications one must possess for public office,
including residency, are determined as of the commencement of the term of office.
12
Accordingly, county constitutional officers
13
must be residents of the jurisdiction they serve at
the time of assuming office.
Commissions
For purposes of ch. 20, F.S., a “commission” is “a body created by specific statutory enactment
within a department,
[14]
the office of the Governor, or the Executive Office of the Governor and
exercising limited quasi-legislative or quasi-judicial powers, or both, independently of the head
of the department or the Governor.”
15
Commissions play an essential role, serving as regulatory
oversight bodies across various policy areas. These entities are typically responsible for
rulemaking, licensing, adjudicating disputes, or enforcing regulations.
5
State attorneys must be an elector of the state and reside in the territorial jurisdiction of the circuit in which they serve upon
taking office. FLA. CONST. art. V., s. 17; see also Florida Division of Elections, FAQ—Candidates,
https://dos.fl.gov/elections/contacts/frequently-asked-questions/faq-candidates/ (last visited Mar. 23, 2025).
6
Public defenders must be an elector of the state and reside in the territorial jurisdiction of the circuit in which they serve
upon taking office. FLA. CONST. art. V, s. 18; see also Florida Division of Elections, FAQ—Candidates,
https://dos.fl.gov/elections/contacts/frequently-asked-questions/faq-candidates/ (last visited Feb. 25, 2025).
7
County commissioners must be residents of the district from which they are elected at the time of election. FLA. CONST. art.
VIII, s. 1(e); see also Florida Division of Elections Opinion 94-04; State v. Grassi, 532 So.2d 1055 (Fla. 1988).
8
A school board member must be a resident of the district school board member residence area and be an elector in the
district in which he or she serves at the time of qualifying. Sections 1001.34 and 1001.36, F.S.; see also Florida Division of
Elections Opinion 94-04.
9
Judges must reside in the territorial jurisdiction of the court they serve and be an elector of the state at the time of assuming
office. FLA. CONST. art. V, s. 8; see also Advisory Opinion to the Governor, 192 So. 2d 757 (Fla. 1966).
10
Section 99.021(1)(a)1., F.S. Note candidates for municipal office are not explicitly required by this statute to reside within
the municipality in which they are running for office. Instead, residency requirements for municipal offices are typically
established on a local level. See Nichols v. State, 177 So.2d 467 (Fla. 1965); Marina v. Leahy, 578 So.2d 382 (Fla. 3rd DCA
1991); Florida Division of Elections Opinion 94-04.
11
Section 97.041(1)(a), F.S.
12
Florida Division of Elections Opinion 94-04.
13
The term “county constitutional officers” includes sheriffs, tax collectors, property appraisers, supervisors of elections, and
clerks of circuit courts. FLA. CONST. art. VIII, s. 1(d).
14
“Department” means the principal administrative unit within the executive branch of state government. Section 20.03(8),
F.S.
15
Section 20.03(4), F.S. BILL: SB 1760 Page 3
Board of Trustees
For purposes of ch. 20, F.S., a “board of trustees” is a “board created by specific statutory
enactment and appointed to function adjunctively to a department, the Governor, or the
Executive Office of the Governor to administer public property or a public program.”
16
While
these entities may function within an executive department or under the Governor’s authority,
they often operate with a degree of autonomy, making policy decisions and managing public
programs in alignment with statutory mandates. Florida college boards of trustees are required to
reside in the service delivery area of the college,
17
while university boards of trustees do not have
to reside in the state.
18
The Board of Governors
The State University System of Florida consists of 12 public universities,
19
each governed by an
individual board of trustees.
20
The Board of Governors (BOG) is responsible for overseeing,
regulating, and managing the entire State University System.
21
Through its authority, the BOG
ensures affordable access to higher education, promotes articulation with other educational
institutions, and upholds fiscal responsibility and accountability across Florida’s public
universities.
22
The BOG consists of 17 members, 14 of which are “citizens” appointed by the
Governor, subject to Senate confirmation.
23
The commissioner of education, the chair of the
advisory council of faculty senates, and the president of the Florida student association are also
members.
24
Licensing Boards
For purposes of ch. 20, F.S., a “licensing board” is “a board authorized to grant and revoke
licenses to engage in regulated occupations.”
25
The boards are typically established to oversee
and enforce standards within various professions, ensuring that practitioners meet the requisite
qualifications and that those practitioners adhere to established ethical and professional
guidelines. The boards are commonly composed of professionals licensed in the respective fields
and members of the public who represent consumer interests.
Quasi-public Entities
Throughout the Florida Statutes, entities have been established that are neither entirely
governmental in nature nor entirely private but possess traits from both the public and private
16
Section 20.03(2), F.S. The definition specifically exempts boards created under ch. 253, F.S., relating to public lands and
property.
17
FLA. CONST. art. IX, s. 8(c).
18
Section 1001.71(1), F.S.
19
Section 1000.21(9), F.S.; see State University System, Universities, https://www.flbog.edu/universities/ (last visited
Mar. 23, 2025).
20
FLA. CONST. art. IX, s. 7(b), FLA. CONST.; s. 1001.71, F.S.
21
See FLA. CONST. art. IX, s. 7(d).
22
Section 20.155(4)(b), F.S.
23
FLA. CONST. art. IX, s. 7(d); see s. 1001.70, F.S.
24
FLA. CONST. art. IX, s. 7(d).
25
Section 20.03(9), F.S. BILL: SB 1760 Page 4
sectors. These entities are often referred to as quasi-public entities (QPEs). The reasons for their
establishment in law vary from entity to entity. Some are independent entities created to advance
certain policy goals. For example, the Florida Housing Finance Corporation was created to
finance or refinance housing and related facilities.
26
Others, like the Florida Healthy Kids
Corporation
27
and Citizens Property Insurance Corporation,
28
are created to administer
government programs or to achieve a particular outcome in the state or in a community.
Just as the purposes of these QPEs vary, so too do their structures. For example, some are
nonprofit corporations established completely independent of government and others are for-
profit corporations funded through methods that allow the entity to be entirely self-sufficient.
The governing bodies of QPEs, usually a board of directors or board of trustees, vary, too. The
membership of these boards ranges from government officials and political appointees to private
sector representatives and board-elected members.
Executive Departments
Florida’s executive branch structure is set forth in the State Constitution and further refined by
statute. The State Constitution provides that “[a]ll functions of the executive branch of state
government [must] be allotted to among not more than twenty-five departments,” excluding
those explicitly created or authorized by the Constitution.
29
A “department” is the principal
administrative unit within the executive branch of state government.
30
Each department is headed
by a secretary
31
appointed by the Governor or an executive director
32
appointed by the Governor
and Cabinet or a board.
33
Additionally, some departments house subunits that function
independently of their parent department.
34
These department heads and administrative officers
play a critical role in policy implementation, program administration, and regulatory
enforcement.
Dual Office-holding
The State Constitution prohibits individuals from holding multiple public offices simultaneously
and applies to public offices in state, county, and municipal government.
35
The provision applies
to both elected and appointed offices, ensuring that no single individual accumulates multiple
governmental roles that could create a conflict of interest.
36
Neither the State Constitution nor the
26
Section 420.504(1), F.S.
27
Florida Healthy Kids Corporation aims to improve children’s health by providing comprehensive and affordable health
insurance coverage. Section 624.91(2)(a), F.S.
28
Citizens Property Insurance Corporation was created to provide property insurance coverage to those unable to find
affordable coverage in the voluntary admitted market. Section 627.351(6)(a)1., F.S.
29
FLA. CONST. art. IV, s. 6.
30
Section 20.03(8), F.S.
31
See s. 20.03(12), F.S.
32
See s. 20.03(10), F.S.
33
For example, the executive director of the State Board of Administration is appointed by a majority vote of the Board of
Trustees comprised of the Governor, the Chief Financial Officer, and the Attorney General. The Governor must vote on the
prevailing side. Section 215.441, F.S.
34
For example, the Division of Administrative Hearings is housed with the Department of Management Services but is not
subject to the department’s control, supervision, or direction. Section 120.65(1), F.S.
35
FLA. CONST. art. II, s. 5(a).
36
Bath Club, Inc. v. Dade County, 394 So. 2d 110 (Fla. 1981); see Blackburn v. Brorein, 70 So. 2d 293 (Fla. 1954). BILL: SB 1760 Page 5
Legislature has defined the term “office,” leaving the court to establish its meaning through case
law. Florida courts have interpreted the term “office” in opposition to the term “employment,”
with the latter not being subject to prohibition on dual office-holding. An “office,” the courts
have held, refers to a position that exercises sovereign power, has a legally prescribed tenure, and
is established by law rather than by contract.
37
The term “employment,” by contrast, “does not
comprehend a delegation of any part of the sovereign authority [of government].”
38
Positions
such as department heads, members of governing boards, and elected officials have typically
been considered offices, while positions like assistants, deputy clerks, and administrative
employees have typically been classified as public employees.
39
Despite the general prohibition, Florida courts have recognized an ex officio exception that
allows an individual to perform additional official duties if those duties are assigned by
legislative designation to the office itself rather than to the individual holding it, provided that
the additional duties are consistent with those already exercised.
40
For example, county
commissioners and school board members may also serve ex officio on a property appraisal
adjustment board if the law assigns this responsibility to their office rather than to the individual,
as their additional duties are consistent with their existing responsibilities. Additionally, the State
Constitution explicitly exempts certain roles, such as notaries public, military officers, and
members of advisory bodies from the dual office-holding prohibition.
41
III. Effect of Proposed Changes:
Section 1 creates s. 20.70, F.S., to establish “U.S. citizenship” and “state residency”
requirements on a person serving as:
• A member of a commission;
• A member of a board of trustees;
• A member of the Board of Governors;
• A member of a licensing board;
• A member of a governing board or as the chief executive of a statewide entity statutorily
created for a public purpose or to effectuate a government program, and which is not under
the direct control of a governmental entity; or
• An appointee to state office.
Section 1 also requires the following persons be U.S. citizens, Florida residents, and residents in
the same county as their respective department headquarters:
• A secretary of an executive branch department (this includes most executive branch
secretaries, except the departments of Legal Affairs; Financial Services; Agriculture and
Consumer Services; and those departments noted below).
37
State ex rel. Holloway v. Sheats, 83 So. 508 (Fla. 1919); State ex rel. Clyatt v. Hocker, 22 So. 721 (Fla. 1897).
38
State ex rel. Holloway v. Sheats, 83 So. 508 (Fla. 1919).
39
See Office of the Attorney General, Dual Office-holding,
https://www.myfloridalegal.com/files/pdf/page/4FF72ECF62927EEA85256CC6007B4517/DualOfficeHoldingPamplet.pdf
(last visited Mar. 23, 2025).
40
Bath Club, Inc. v. Dade County, 394 So. 2d 110 (Fla. 1981).
41
Members of a constitutional revision commission and taxation and budget reform commission are also exempt. FLA.
CONST. art. II, s. 5(a). BILL: SB 1760 Page 6
• The executive director of an executive branch department (this includes the executive
directors of the departments of Revenue; Law Enforcement; Highway Safety and Motor
Vehicles; Veterans’ Affairs; Elderly Affairs; and Citrus; the executive director of the State
Board of Administration; the Commissioner of Education; and the Adjutant General of the
Department of Military Affairs.
• The chief administrative officer of any unit of state government housed under an executive
branch department for administrative purposes but is not subject to control, supervision, or
direction of such department (this includes, but is not limited to, the executive directors of
the Florida Gaming Control Commission; Florida Transportation Commission; Fish and
Wildlife Conservation Commission; the director of the Agency for Persons with Disabilities;
the Commissioner of Insurance Regulation; and the Commissioner of Financial Regulation,
the Chief Judge of the Division of Administrative Hearings, the executive director of the
Human Relations Commission, and the chair of the Public Employees Relations
Commission).
Section 2 creates s. 112.31251, F.S., to define the term “office” for purposes of the constitutional
restriction on dual office-holding in Florida. “Office” is defined to mean any position in state,
county, or municipal government that:
• Delegates to the individual holding the position a portion of sovereign power of the
government;
• Requires the exercise of independent governmental authority performed in an official
capacity rather than solely based upon a contractual or employment relationship;
• Has a prescribed tenure; and
• Exists independently of the individual holding the position.
The following offices are enumerated as positions that meet the definition of “office”:
• Governor, Lieutenant Governor, Cabinet officers;
• State senator and state representative;
• County commissioner, sheriff, tax collector, property appraiser, supervisor of elections, and
clerk of circuit court;
• Member of the Board of Governors of the State University System;
• Member of a board of trustees for a state university;
• Member of a district school board;
• County or municipal administrator and attorney;
• The director of a county or municipal emergency management agency;
• Member of a state, county, or municipal board or commission that exercises governmental
authority and is not purely advisory in nature;
• Member of the board of the Citizens Property Insurance Corporation;
• Member of the board of the Florida Housing Finance Corporation; and
• Member of the board of the Florida Healthy Kids Corporation.
While the position of a “police officer” or “law enforcement officer” has been held to be an
office for purposes of dual office-holding under the State Constitution, the new statutory criteria
of “prescribed tenure” may shift these positions away from being an “office” under the statutory
interpretation. Likewise, other positions that do not have “prescribed tenure” may also fall BILL: SB 1760 Page 7
outside the statutory definition of “office”. However, the language and interpretation will
continue to control, potentially leading to inadvertent noncompliance.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The bill does not require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities
have to raise revenue in the aggregate, or reduce the percentage of state tax shared with
counties or municipalities.
B. Public Records/Open Meetings Issues:
None identified.
C. Trust Funds Restrictions:
None identified.
D. State Tax or Fee Increases:
None identified.
E. Other Constitutional Issues:
Art. IX, section 7(d) of the State Constitution provides that the Board of Governors of the
State University System will be comprised of fourteen citizen members dedicated to the
purposes of the state university system. Similarly, Art. IX, section 7(c) of the State
Constitution provides that each board of trustees of a state university will be comprised of
six citizen members appointed by the governor and five citizen members appointed by the
Board of Governors.
Art. II, section 5(b) of the State Constitution requires each state and county officer to
affirm:
I do solemnly affirm that I will support, protect, and defend the
Constitution and Government of the United States and the State of
Florida; that I am duly qualified to hold office under the Constitution
of the state; and that I will well and faithfully perform the duties of the
office on which I am not about to enter. So help me God.
(Emphasis added.)
Since the State Constitution explicitly places citizenship, dedication to the purposes of
the state university system, and senate confirmation requirements on these appointees, it
is unclear whether the legislature may add other qualifications (i.e., residency) that must
be met for the officer. BILL: SB 1760 Page 8
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None identified.
B. Private Sector Impact:
It is unclear whether the dual office-holding provisions of this bill will impact a law firm
or attorney that has contracted to serve as the municipal attorney for more than one
municipality. The position of municipal attorney may not meet the criteria enumerated on
lines 47-54 to be included in the dual office-holding prohibition. Yet, the position is
included in the statutorily enumerated positions that are mandated to be included in the
dual office-holding prohibition.
C. Government Sector Impact:
This bill is not expected to affect state or local government revenues or expenditures.
VI. Technical Deficiencies:
None identified.
VII. Related Issues:
Section 1001.71(1), F.S., relating to university board of trustees, states “There shall be no state
residency requirement for university board members, but the Governor and the Board of
Governors shall consider diversity and regional representation.” This conflicts with the new
language of Section 1 of the bill that applies to boards of trustees generally.
VIII. Statutes Affected:
This bill creates the sections 20.70 and 112.31251 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.