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 Rules
BILL: CS/CS/SB 1760
INTRODUCER: Rules Committee; Appropriations Committee on Agriculture, Environment, and General
Government Committee and Senator Grall
SUBJECT: Public Officers and Employees
DATE: April 22, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McVaney McVaney GO Favorable
2. Davis Betta AEG Fav/CS
3. McVaney Yeatman RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1760 places additional citizenship and residency requirements on state executive
branch officers, limits political activities of public officials and employees, limits reimbursement
of travel expenses for secretaries and executive directors of state departments in certain
instances, 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:
REVISED: BILL: CS/CS/SB 1760 Page 2
• Governor.
1
• Lieutenant Governor.
2
• Cabinet members (Attorney General, Chief Financial Officer, and Commissioner of
Agriculture).
3
• State legislators.
4
• 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.
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).
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 Apr. 22, 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 Apr. 22, 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). BILL: CS/CS/SB 1760 Page 3
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.
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
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.
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
Apr. 22, 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). BILL: CS/CS/SB 1760 Page 4
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
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
25
Section 20.03(9), F.S.
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. BILL: CS/CS/SB 1760 Page 5
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.
Prohibited Political Activities of Public Officials and Employees
Section 104.31(1)(a), F.S., prohibits a state, county and municipal officer or employee from
using his or her official authority or influence to interfere with an election or nomination of
office or coercing or influencing another person’s vote or affecting the result of an election.
However, this prohibition does not limit the political activities of an elected officer or candidate
for office or apply to an official appointed as a state agency head or a member of a state board or
commission.
Section 104.31(1)(b), F.S., prohibits a public officer or employee from directly or indirectly
coercing or attempting to coerce, command, or advise another officer or employee to contribute
anything of value for political purposes. However, an employee may suggest to another
employee in a noncoercive manner to voluntarily contribute to political funds.
Section 104.31(1)(c), F.S., prohibits a public officer or employee from coercing or attempting to
coerce another officer or employee regarding where commodities might be purchased or
otherwise interfering with the officer’s or employee’s personal rights.
A violation of any of these prohibitions is punishable as a first-degree misdemeanor.
Section 110.233(4), F.S., prohibits a state employee in the Career Service from holding, or being
a candidate for, public office while employed by the state or to take any active part in a political
campaign while on duty or during a time in which the employee is expected to perform services.
A state employee in the Career Service is also prohibited from using the employee’s authority of
his position to secure support for, or oppose, any candidate, party, or issue in a partisan election.
Travel Reimbursement
Section 112.063, F.S., establishes the procedures and reimbursement policies for travel by public
employees. All travel must be authorized and approved by the head of the agency, or a
designated representative.
35
Travel expenses must be limited to those expenses necessarily
incurred in the performance of a public purpose authorized by law to be performed by the
agency.
36
Travel expenses include reimbursement of transportation expenses, reimbursement of
lodging expenses, and per diem and meal allowances.
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
Section 112.061(3)(a), F.S.
36
Section 112.061(3)(b), F.S. BILL: CS/CS/SB 1760 Page 6
An officer’s or employee’s official headquarters is the city or town in which the officer or
employee is assigned. For departmental secretaries and executive directors, the official
headquarters is located typically in Tallahassee. A traveler may leave the assigned post to return
home overnight, over a weekend, or during a holiday.
37
However, the traveler may not be
reimbursed for travel expenses more than the established rate of per diem allowed had the
traveler remained at the assigned post.
38
No allowance shall be made for meals when travel is
confined to the city or town of the official headquarters or immediate vicinity.
39
Travelers are allowed for each day of travel either $80 per diem or, if actual expenses exceed
$80, the amounts permitted for subsistence plus actual expenses for lodging at a single-
occupancy rate.
40
The allowable amounts for subsistence are $6 for breakfast, $11 for lunch, and
$19 for dinner.
41
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.
42
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.
43
Neither the State Constitution nor the
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.
44
The term “employment,” by contrast, “does not
comprehend a delegation of any part of the sovereign authority [of government].”
45
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.
46
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.
47
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,
37
Section 112.061(4)(c), F.S.
38
Id.
39
Section 112.061(5), F.S.
40
Section 112.061(6)(1)(a), F.S.
41
Section 112.061(6)(1)(b), F.S.
42
FLA. CONST. art. II, s. 5(a).
43
Bath Club, Inc. v. Dade County, 394 So. 2d 110 (Fla. 1981); see Blackburn v. Brorein, 70 So. 2d 293 (Fla. 1954).
44
State ex rel. Holloway v. Sheats, 83 So. 508 (Fla. 1919); State ex rel. Clyatt v. Hocker, 22 So. 721 (Fla. 1897).
45
State ex rel. Holloway v. Sheats, 83 So. 508 (Fla. 1919).
46
See Office of the Attorney General, Dual Office-holding,
https://www.myfloridalegal.com/files/pdf/page/4FF72ECF62927EEA85256CC6007B4517/DualOfficeHoldingPamplet.pdf
(last visited Apr. 22, 2025).
47
Bath Club, Inc. v. Dade County, 394 So. 2d 110 (Fla. 1981). BILL: CS/CS/SB 1760 Page 7
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.
48
III. Effect of Proposed Changes:
Section 1 creates s. 20.71, F.S., effective October 1, 2025, to establish requirements of “U.S.
citizenship” and “state residency” for individuals serving as:
• The secretary of a department (this includes most executive branch secretaries, except the
departments of Legal Affairs; Financial Services; Agriculture and Consumer Services; and
those departments noted below);
• The executive director of a 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 a department
for administrative purposes but not subject to control by the 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);
• A member of a commission;
• A member of a licensing board;
• The chair of a governing board, or the chief executive of a statewide entity statutorily created
for a public purpose or to carry out a government program, and that is not under the direct
control of a governmental entity; or
• An appointee to state office in the executive branch.
Effective January 6, 2027, the bill requires:
• A member of a state university board of trustees to be a U.S. citizen and either a Florida
resident or a graduate of the state university, the administration of which is overseen by such
board of trustees.
• A member of the Board of Governors to be a U.S. citizen and either a Florida resident or a
graduate of a [Florida] state university.
The office of an individual that does not meet the applicable residency and citizenship
requirements under the bill is automatically deemed vacant.
Section 2 amends s. 104.31, F.S., to repeal the exemption that allows officials appointed as the
heads or directors of state administrative agencies, boards, commissions, or committees to
engage in certain political activities. Such officials will be subject to the same standards as all
48
Members of a constitutional revision commission and taxation and budget reform commission are also exempt. FLA.
CONST. art. II, s. 5(a). BILL: CS/CS/SB 1760 Page 8
other state, county, or municipal officers or employees, meaning he or she cannot use his or her
official authority or influence to interfere with an election, nomination of office, or another’s
vote. The current exemption for elected officials or candidates for public office in the state or any
county or municipality is maintained.
Section 3 amends s. 110.233, F.S., to prohibit a state career service employee from using the
influence of his or her position to (a) directly or indirectly coerce or attempt to coerce, command,
or advise any other officer or employee to pay any part of his or her salary to any political
purpose, and (b) directly or indirectly coerce or attempt to coerce, command, or advise any other
officer or employee to purchase commodities or otherwise interfere with the with the person’s
personal right.
Section 4 amends s. 112.061, F.S., to prohibit the payment of travel expenses for a department
secretary or executive director when the person travels between the department’s official
headquarters (or assigned post) and the officer’s permanent residence.
Section 5 creates s. 112.31251, F.S., to define the term “office” for purposes of the constitutional
restriction on dual office-holding in Florida. The term “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;
• 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 Governors for the Citizens Property Insurance Corporation;
• Member of the board of directors for the Florida Housing Finance Corporation;
• Member of the board of directors for the Florida Healthy Kids Corporation, other than the
member nominated by the Florida Association of Counties and appointed by the Chief
Financial Officer;
• Administrator or manager of a county, a municipality, corporation or the director of a county
or municipal emergency management agency who exercises in his or her own right any
sovereign power or any prescribed independent authority of a government nature; BILL: CS/CS/SB 1760 Page 9
• State, county, or municipal law enforcement officer with the authority to arrest without a
warrant; and
• Any position that meets all criteria enumerated in s. 112.31251(1)(a), F.S.
The bill also exempts ex officio
49
designations and employment positions from the definition of
“office.” The bill defines “employment” to mean a relationship with a state, county, or municipal
government where an individual does not exercise in his or her own right any sovereign power or
any prescribed individual authority of a governmental nature.
Section 6 provides that the bill takes effect July 1, 2025.
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.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
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.
49
A person serving in an ex officio capacity serves “by virtue or because of an office.” Black’s Law Dictionary (12th ed.
2024). BILL: CS/CS/SB 1760 Page 10
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.
50
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.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
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:
None identified.
VIII. Statutes Affected:
This bill substantially amends sections 104.31, 110.233, and 112.61 of the Florida Statutes.
This bill creates sections 20.71 and 112.31251 of the Florida Statutes
50
Article II, s. 5(b), Fla. Const. (emphasis added). BILL: CS/CS/SB 1760 Page 11
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS by Rules on April 21, 2025:
The committee substitute:
• Makes clarifying changes to the residency requirements for public officers. Under this
amendment, the department secretaries and executive officers and other chief
administrative officers must maintain residency throughout the period each holds
office but will not be required to live within close proximity of the department’s
official headquarters.
• Clarifies that officers who have a residency requirement for appointment will have
the respective position vacated if the officer fails to maintain the residency
requirement.
• Prohibits the payment of travel expenses for department secretaries and executive
directors when they travel between the department’s official headquarters and the
officer’s permanent residence.
• Repeals a current law exemption that allows officials appointed as the heads or
directors of state administrative agencies, boards, commissions, or committees to
engage in certain political activities. Such officials will be subject to the same
standards as all other state, county, or municipal officers or employees, meaning he or
she cannot use his or her official authority or influence to interfere with an election,
nomination of office, or another’s vote. The current exemption for elected officials or
candidates for public office in the state or any county or municipality is maintained.
• Prohibits a state career service employee from using the influence of his or her
position to (a) directly or indirectly coerce or attempt to coerce, command, or advise
any other officer or employee to pay any part of his or her salary to any political
purpose, and (b) directly or indirectly coerce or attempt to coerce, command, or
advise any other officer or employee to purchase commodities or otherwise interfere
with the with the person’s personal right.
CS by Appropriations Committee on Agriculture, Environment, and General
Government on April 15, 2025:
The committee substitute:
• Specifies effective dates for the bill’s citizenship and residency requirements.
• As part of the citizenship and residency requirements:
o Permits a secretary and executive director of a department, or the chief
administrative officer of any unit of state government housed under a department
for administrative purposes to reside within 75 miles of the department
headquarters.
o Allows a member of the State University System board of trustees to either be a
graduate of the state university he or she oversees or a Florida resident.
o Allows a member of the Board of Governors to either be a graduate of a state
university or a Florida resident. BILL: CS/CS/SB 1760 Page 12
• Modifies the residency requirement for quasi-public entities to make them applicable
only to the chairperson of the governing board or the chief executive officer.
• Removes local government attorneys from the dual-officeholding prohibition.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.