| 2 | | - | Florida Senate - 2025 CS for CS for SB 1760 By the Committee on Rules; the Appropriations Committee on Agriculture, Environment, and General Government; and Senator Grall 595-03800-25 20251760c2 1 A bill to be entitled 2 An act relating to public officers and employees; 3 creating s. 20.71, F.S.; requiring that, beginning on 4 a specified date, secretaries and executive directors 5 of departments, chief administrative officers of 6 certain units of state government, members of 7 commissions and licensing boards, chairs of governing 8 boards or certain chief executives of certain 9 statewide entities, or any persons appointed to hold 10 state office in the executive branch of state 11 government be United States citizens and residents of 12 this state; providing that a specified provision 13 applies to each such office; requiring that, beginning 14 on a specified date, members of the board of trustees 15 for state universities be United States citizens and 16 residents of this state or graduates of the state 17 university that the board oversees; requiring that, 18 beginning on a specified date, members of the Board of 19 Governors of the State University System be United 20 States citizens and either residents of this state or 21 have graduated from a state university; providing that 22 if any such requirements are not met, the office is 23 deemed vacant; amending s. 104.31, F.S.; revising 24 construction of provisions relating to political 25 activities of state, county, and municipal officers 26 and employees; amending s. 110.233, F.S.; prohibiting 27 career service employees from using the influence of 28 their positions for specified purposes; amending s. 29 112.061, F.S.; prohibiting the authorization or 30 approval of reimbursements for travel expenses to and 31 from the persons residence and his or her 32 headquarters for specified positions; defining the 33 term residence; requiring that the official 34 headquarters for specified positions be the city or 35 town in which the departments official headquarters 36 is located; prohibiting persons serving in specified 37 positions from being reimbursed for certain travel 38 expenses; creating s. 112.31251, F.S.; defining the 39 term office for purposes of s. 5(a), Art. II of the 40 State Constitution; defining the term employment; 41 providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1.Section 20.71, Florida Statutes, is created to 46 read: 47 20.71Residency requirements.Notwithstanding any other 48 law: 49 (1)(a)Effective October 1, 2025, each of the following 50 persons must be a United States citizen and a resident of this 51 state: 52 1.The secretary of a department. 53 2.The executive director of a department. 54 3.The chief administrative officer of any unit of state 55 government which is housed under a department for administrative 56 purposes but is not subject to the control, supervision, or 57 direction of such department. 58 4.A member of a commission. 59 5.A member of a licensing board. 60 6.The chair of the governing board, or the chief 61 executive, of a statewide entity that is explicitly created or 62 established by statute, regardless of its legal form, for a 63 public purpose or to carry out a government program and that is 64 not under the direct control of a governmental entity. 65 7.Any other person appointed to hold state office in the 66 executive branch of state government. 67 (b)Section 114.01 applies to each office described in 68 paragraph (a). 69 (2)Effective January 6, 2027, each member of a state 70 university board of trustees must be a United States citizen and 71 either a resident of this state or a graduate of the state 72 university, the administration of which is overseen by such 73 board of trustees. If any member of a state university board of 74 trustees does not meet the requirements of this subsection, such 75 members office is automatically deemed vacant. 76 (3)Effective January 6, 2027, each member of the Board of 77 Governors must be a United States citizen and either a resident 78 of this state or a graduate of a state university as defined in 79 s. 1000.21. If any member of the Board of Governors does not 80 meet the requirements of this subsection, such members office 81 is automatically deemed vacant. 82 Section 2.Subsections (1) and (2) of section 104.31, 83 Florida Statutes, are amended to read: 84 104.31Political activities of state, county, and municipal 85 officers and employees. 86 (1)No officer or employee of the state, or of any county 87 or municipality thereof, except as hereinafter exempted from 88 provisions hereof, shall: 89 (a)Use his or her official authority or influence for the 90 purpose of interfering with an election or a nomination of 91 office or coercing or influencing another persons vote or 92 affecting the result thereof. 93 (b)Directly or indirectly coerce or attempt to coerce, 94 command, or advise any other officer or employee to pay, lend, 95 or contribute any part of his or her salary, or any money, or 96 anything else of value to any party, committee, organization, 97 agency, or person for political purposes. Nothing in this 98 paragraph or in any county or municipal charter or ordinance 99 shall prohibit an employee from suggesting to another employee 100 in a noncoercive manner that he or she may voluntarily 101 contribute to a fund which is administered by a party, 102 committee, organization, agency, person, labor union or other 103 employee organization for political purposes. 104 (c)Directly or indirectly coerce or attempt to coerce, 105 command, and advise any such officer or employee as to where he 106 or she might purchase commodities or to interfere in any other 107 way with the personal right of said officer or employee. 108 109 The provisions of this section may shall not be construed so as 110 to prevent any person from becoming a candidate for and actively 111 campaigning for any elective office in this state. All such 112 persons shall retain the right to vote as they may choose and to 113 express their opinions on all political subjects and candidates. 114 The provisions of paragraph (a) may shall not be construed so as 115 to limit the political activity in a general, special, primary, 116 bond, referendum, or other election of any kind or nature, of 117 elected officials or candidates for public office in the state 118 or of any county or municipality thereof; and the provisions of 119 paragraph (a) shall not be construed so as to limit the 120 political activity in general or special elections of the 121 officials appointed as the heads or directors of state 122 administrative agencies, boards, commissions, or committees or 123 of the members of state boards, commissions, or committees, 124 whether they be salaried, nonsalaried, or reimbursed for 125 expense. In the event of a dual capacity of any member of a 126 state board, commission, or committee, any restrictive 127 provisions applicable to either capacity shall apply. The 128 provisions of paragraph (a) shall not be construed so as to 129 limit the political activity in a general, special, primary, 130 bond, referendum, or other election of any kind or nature of the 131 Governor, the elected members of the Governors Cabinet, or the 132 members of the Legislature. The provisions of paragraphs (b) and 133 (c) shall apply to all officers and employees of the state or of 134 any county or municipality thereof, whether elected, appointed, 135 or otherwise employed, or whether the activity shall be in 136 connection with a primary, general, special, bond, referendum, 137 or other election of any kind or nature. 138 (2)An employee of the state or any political subdivision 139 may not participate in any political campaign for an elective 140 office while on duty. 141 Section 3.Paragraph (b) of subsection (4) of section 142 110.233, Florida Statutes, is amended to read: 143 110.233Political activities and unlawful acts prohibited. 144 (4)As an individual, each employee retains all rights and 145 obligations of citizenship provided in the Constitution and laws 146 of the state and the Constitution and laws of the United States. 147 However, no employee in the career service shall: 148 (b)Use the authority or influence of his or her position 149 for any of the purposes described in s. 104.31 to secure support 150 for, or oppose, any candidate, party, or issue in a partisan 151 election or affect the results thereof. 152 Section 4.Subsection (4) of section 112.061, Florida 153 Statutes, is amended, and paragraph (j) is added to subsection 154 (3) of that section, to read: 155 112.061Per diem and travel expenses of public officers, 156 employees, and authorized persons; statewide travel management 157 system. 158 (3)AUTHORITY TO INCUR TRAVEL EXPENSES. 159 (j)Reimbursement of transportation expenses as provided in 160 subsection (7) may not be authorized or approved for travel of a 161 person serving in a position described in s. 20.71(1)(a)1., 2., 162 or 3. between the persons residence and his or her official 163 headquarters. Per diem and subsistence allowances as provided in 164 subsection (6) may not be authorized or approved for a person 165 serving in a position described in s. 20.71(1)(a)1., 2., or 3. 166 when that person remains overnight in the persons county of 167 residence. For the purposes of this section, the term 168 residence means the dwelling in which the person permanently 169 resides. 170 (4)OFFICIAL HEADQUARTERS.The official headquarters of a 171 person serving in a position described in s. 20.71(1)(a)1., 2., 172 or 3. must be the city or town in which the departments 173 official headquarters is located, and the official headquarters 174 of any other an officer or employee assigned to an office must 175 shall be the city or town in which the office is located except 176 that: 177 (a)The official headquarters of a person located in the 178 field must shall be the city or town nearest to the area where 179 the majority of the persons work is performed, or such other 180 city, town, or area as may be designated by the agency head 181 provided that in all cases such designation must be in the best 182 interests of the agency and not for the convenience of the 183 person. 184 (b)When any state employee is stationed in any city or 185 town for a period of more than over 30 continuous workdays, such 186 city or town must shall be deemed to be the employees official 187 headquarters, and he or she may shall not be allowed per diem or 188 subsistence, as provided in this section, after such the said 189 period of 30 continuous workdays has elapsed, unless this period 190 of time is extended by the express approval of the agency head 191 or his or her designee. 192 (c)A traveler may leave his or her assigned post to return 193 to his or her residence home overnight, over a weekend, or 194 during a holiday, but any time lost from regular duties must 195 shall be taken as annual leave and authorized in the usual 196 manner. The traveler may shall not be reimbursed for travel 197 expenses in excess of the established rate for per diem 198 allowable had he or she remained at his or her assigned post. A 199 person serving in a position described in s. 20.71(1)(a)1., 2., 200 or 3. may not be reimbursed for travel expenses for travel 201 between the persons assigned post and residence. However, when 202 a traveler has been temporarily assigned away from his or her 203 official headquarters for an approved period extending beyond 30 204 days, he or she is shall be entitled to reimbursement for travel 205 expenses at the established rate of one round trip for each 30 206 day period actually taken to his or her residence home in 207 addition to pay and allowances otherwise provided. 208 (d)A Lieutenant Governor who permanently resides outside 209 of Leon County, may, if he or she so requests, have an 210 appropriate facility in his or her county designated as his or 211 her official headquarters for purposes of this section. This 212 official headquarters may only serve as the Lieutenant 213 Governors personal office. The Lieutenant Governor may not use 214 state funds to lease space in any facility for his or her 215 official headquarters. 216 1.A Lieutenant Governor for whom an official headquarters 217 is established in his or her county of residence pursuant to 218 this paragraph is eligible for subsistence at a rate to be 219 established by the Governor for each day or partial day that the 220 Lieutenant Governor is at the State Capitol to conduct official 221 state business. In addition to the subsistence allowance, a 222 Lieutenant Governor is eligible for reimbursement for 223 transportation expenses as provided in subsection (7) for travel 224 between the Lieutenant Governors official headquarters and the 225 State Capitol to conduct state business. 226 2.Payment of subsistence and reimbursement for 227 transportation between a Lieutenant Governors official 228 headquarters and the State Capitol shall be made to the extent 229 appropriated funds are available, as determined by the Governor. 230 3.This paragraph expires July 1, 2025. 231 Section 5.Section 112.31251, Florida Statutes, is created 232 to read: 233 112.31251Definition of the term office. 234 (1)(a)For purposes of s. 5(a), Art. II of the State 235 Constitution, the term office, when referring to an office in 236 this state, means any position in state, county, or municipal 237 government which all of the following apply: 238 1.Delegates to the individual holding such position a 239 portion of the sovereign power of the government. 240 2.Requires the exercise of independent governmental 241 authority, which is performed in an official capacity and is not 242 based solely on a contractual or employment relationship. 243 3.Has a prescribed tenure. 244 4.Exists independently of the individual holding such 245 position. 246 (b)The term office includes, but is not limited to, each 247 of the following positions: 248 1.The Governor. 249 2.The Lieutenant Governor. 250 3.A member of the Cabinet. 251 4.A state senator. 252 5.A state representative. 253 6.A county commissioner. 254 7.A sheriff. 255 8.A tax collector. 256 9.A property appraiser. 257 10.A supervisor of elections. 258 11.A clerk of the circuit court. 259 12.A member of the Board of Governors of the State 260 University System. 261 13.A member of a board of trustees for a state university. 262 14.A member of a district school board. 263 15.A member of a state, county, or municipal board or 264 commission that exercises governmental authority and is not 265 purely advisory in nature. 266 16.A member of the Board of Governors for the Citizens 267 Property Insurance Corporation established under s. 627.351(6). 268 17.A member of the board of directors for the Florida 269 Housing Finance Corporation established under s. 420.504. 270 18.A member of the board of directors for the Florida 271 Healthy Kids Corporation established under s. 624.91, other than 272 the member appointed pursuant to s. 624.91(6)(a)9. 273 19.An administrator or a manager of a county, a 274 municipality, or a corporation established under s. 420.504, s. 275 s. 624.91, or s. 627.351(6) who exercises in his or her own 276 right any sovereign power or any prescribed independent 277 authority of a governmental nature. 278 20.The director of a county or municipal emergency 279 management agency who exercises in his or her own right any 280 sovereign power or any prescribed independent authority of a 281 governmental nature. 282 21.A state, county, or municipal law enforcement officer 283 with the authority to arrest without a warrant. 284 22.Any position that meets all the criteria enumerated in 285 paragraph (a). 286 (2)The term office does not include either of the 287 following: 288 (a)A legislative designation of an officer to perform ex 289 officio the functions of another office; or 290 (b)The position of an individual whose relationship with a 291 state, county, or municipal government is considered employment. 292 For purposes of this paragraph, the term employment means a 293 relationship with a state, county, or municipal government where 294 an individual does not exercise in his or her own right any 295 sovereign power or any prescribed independent authority of a 296 governmental nature. 297 Section 6.This act shall take effect July 1, 2025. |
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| 2 | + | Florida Senate - 2025 CS for SB 1760 By the Appropriations Committee on Agriculture, Environment, and General Government; and Senator Grall 601-03619-25 20251760c1 1 A bill to be entitled 2 An act relating to public officers and employees; 3 creating s. 20.71, F.S.; requiring that, beginning on 4 a specified date, members of commissions and licensing 5 boards, chairs of governing boards or certain chief 6 executives, or any persons appointed to hold state 7 office be United States citizens and residents of this 8 state; requiring that, beginning on a specified date, 9 secretaries and executive directors of departments and 10 certain chief administrative officers be United States 11 citizens and be residents of, and reside in, specified 12 areas; requiring that, beginning on a specified date, 13 members of the board of trustees for state 14 universities be United States citizens and residents 15 of this state or graduates of the state university 16 that the board oversees; requiring that, beginning on 17 a specified date, members of the Board of Governors of 18 the State University System be United States citizens 19 and residents of this state or have graduated from a 20 state university; providing that if any such 21 requirements are not met, the office is deemed vacant; 22 creating s. 112.31251, F.S.; defining the term 23 office for purposes of s. 5(a), Art. II of the State 24 Constitution; defining the term employment; amending 25 s. 1001.71, F.S.; conforming a provision to changes 26 made by the act; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1.Section 20.71, Florida Statutes, is created to 31 read: 32 20.71Residency requirements.Notwithstanding any other 33 law: 34 (1)(a)Effective October 1, 2025, each of the following 35 persons must be a United States citizen and a resident of this 36 state: 37 1.A member of a commission. 38 2.A member of a licensing board. 39 3.The chair of the governing board, or the chief 40 executive, of a statewide entity that is explicitly created or 41 established by statute, regardless of its legal form, for a 42 public purpose or to carry out a government program and that is 43 not under the direct control of a governmental entity. 44 4.Any other person appointed to hold state office. 45 (b)If a person listed in subparagraph (a)1., subparagraph 46 (a)2., or subparagraph (a)3. does not meet the requirements of 47 paragraph (a), the office of such person is automatically deemed 48 vacant. 49 (2)(a)Effective October 1, 2025, each of the following 50 persons must be a United States citizen, must be a resident of 51 this state, and must reside in the same county as his or her 52 respective department headquarters or within 75 miles of the 53 department headquarters: 54 1.The secretary of a department. 55 2.The executive director of a department. 56 3.The chief administrative officer of any unit of state 57 government which is housed under a department for administrative 58 purposes, but is not subject to the control, supervision, or 59 direction of such department. 60 (b)If a person listed in subparagraph (a)1., subparagraph 61 (a)2., or subparagraph (a)3. does not meet the requirements of 62 paragraph (a), the office of such person is automatically deemed 63 vacant. 64 (3)Effective January 6, 2027, each member of a state 65 university board of trustees must be a United States citizen and 66 either a resident of this state or a graduate of the state 67 university, the administration of which is overseen by such 68 board of trustees. 69 (4)Effective January 6, 2027, each member of the Board of 70 Governors must be a United States citizen and either a resident 71 of this state or a graduate of a state university as defined in 72 s. 1000.21. If any member of the Board of Governors does not 73 meet the requirements of this subsection, such members office 74 is automatically deemed vacant. 75 Section 2.Section 112.31251, Florida Statutes, is created 76 to read: 77 112.31251Definition of the term office. 78 (1)(a)For purposes of s. 5(a), Art. II of the State 79 Constitution, the term office, when referring to an office in 80 this state, means any position in state, county, or municipal 81 government which all of the following apply: 82 1.Delegates to the individual holding such position a 83 portion of the sovereign power of the government. 84 2.Requires the exercise of independent governmental 85 authority, which is performed in an official capacity and is not 86 based solely on a contractual or employment relationship. 87 3.Has a prescribed tenure. 88 4.Exists independently of the individual holding such 89 position. 90 (b)The term office includes, but is not limited to, each 91 of the following positions: 92 1.The Governor. 93 2.The Lieutenant Governor. 94 3.A member of the Cabinet. 95 4.A state senator. 96 5.A state representative. 97 6.A county commissioner. 98 7.A sheriff. 99 8.A tax collector. 100 9.A property appraiser. 101 10.A supervisor of elections. 102 11.A clerk of the circuit court. 103 12.A member of the Board of Governors of the State 104 University System. 105 13.A member of a board of trustees for a state university. 106 14.A member of a district school board. 107 15.A member of a state, county, or municipal board or 108 commission that exercises governmental authority and is not 109 purely advisory in nature. 110 16.A member of the Board of Governors for the Citizens 111 Property Insurance Corporation established under s. 627.351(6). 112 17.A member of the board of directors for the Florida 113 Housing Finance Corporation established under s. 420.504. 114 18.A member of the board of directors for the Florida 115 Healthy Kids Corporation established under s. 624.91, other than 116 the member appointed pursuant to s. 624.91(6)(a)9. 117 19.An administrator or a manager of a county, a 118 municipality, or a corporation established under s. 420.504, s. 119 s. 624.91, or s. 627.351(6) who exercises in his or her own 120 right any sovereign power or any prescribed independent 121 authority of a governmental nature. 122 20.The director of a county or municipal emergency 123 management agency who exercises in his or her own right any 124 sovereign power or any prescribed independent authority of a 125 governmental nature. 126 21.A state, county, or municipal law enforcement officer 127 with the authority to arrest without a warrant. 128 22.Any position that meets all the criteria enumerated in 129 paragraph (a). 130 (2)The term office does not include either of the 131 following: 132 (a)A legislative designation of an officer to perform ex 133 officio the functions of another office; or 134 (b)The position of an individual whose relationship with a 135 state, county, or municipal government is considered employment. 136 For purposes of this paragraph, the term employment means a 137 relationship with a state, county, or municipal government where 138 an individual does not exercise in his or her own right any 139 sovereign power or any prescribed independent authority of a 140 governmental nature. 141 Section 3.Subsection (1) of section 1001.71, Florida 142 Statutes, is amended to read: 143 1001.71University boards of trustees; membership. 144 (1)Pursuant to s. 7(c), Art. IX of the State Constitution, 145 each local constituent university shall be administered by a 146 university board of trustees comprised of 13 members as follows: 147 6 citizen members appointed by the Governor subject to 148 confirmation by the Senate; 5 citizen members appointed by the 149 Board of Governors subject to confirmation by the Senate; the 150 chair of the faculty senate or the equivalent; and the president 151 of the student body of the university. The appointed members 152 shall serve staggered 5-year terms. In order to achieve 153 staggered terms, beginning July 1, 2003, of the initial 154 appointments by the Governor, 2 members shall serve 2-year 155 terms, 3 members shall serve 3-year terms, and 1 member shall 156 serve a 5-year term and of the initial appointments by the Board 157 of Governors, 2 members shall serve 2-year terms, 2 members 158 shall serve 3-year terms, and 1 member shall serve a 5-year 159 term. There shall be no state residency requirement For 160 university board members, but the Governor and the Board of 161 Governors shall consider diversity and regional representation. 162 Beginning July 2, 2020, for purposes of this subsection, 163 regional representation shall include the chair of a campus 164 board established pursuant to s. 1004.341. 165 Section 4.This act shall take effect July 1, 2025. |
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