Florida Senate - 2023 SB 1490
By Senator Garcia
36-01784A-23 20231490__
1 A bill to be entitled
2 An act relating to county constitutional officers;
3 creating s. 125.691, F.S.; prohibiting a county from
4 creating any office, special district, or governmental
5 unit, or expanding the powers or authority of such
6 office, district, or unit, under certain conditions;
7 providing that a county commissioner commits
8 misfeasance or malfeasance in office under certain
9 conditions; authorizing the state to withhold certain
10 county funding under certain conditions; authorizing
11 certain county constitutional officers and residents
12 to bring an action in circuit court under certain
13 conditions; authorizing and prohibiting certain
14 remedies; amending s. 129.01, F.S.; prohibiting a
15 board of county commissioners’ budget from providing
16 funding to such offices, districts, and units under
17 certain conditions; amending s. 129.021, F.S.;
18 conforming a cross-reference; providing an effective
19 date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 125.691, Florida Statutes, is created to
24 read:
25 125.691 Prohibition against duplicating county
26 constitutional office powers or authority; penalties; remedies.—
27 (1) A county may not create any office, special district,
28 or governmental unit, or expand the powers or authority of any
29 existing office, special district, or governmental unit, for the
30 purpose of exercising any power or authority allocated
31 exclusively to a sheriff, tax collector, property appraiser,
32 supervisor of elections, or clerk of the court by the State
33 Constitution or general law.
34 (2) A county commissioner who votes in favor of a proposed
35 ordinance to create an office, special district, or governmental
36 unit, or expand the powers or authority of an existing office,
37 special district, or governmental unit, for the purpose of
38 exercising any power or authority allocated exclusively to a
39 sheriff, tax collector, property appraiser, supervisor of
40 elections, or clerk of the court by the State Constitution or
41 general law commits misfeasance or malfeasance in office.
42 (3) If a county adopts an ordinance pursuant to subsection
43 (2), the state may withhold all or part of any distribution
44 under part II of chapter 218 which is otherwise allocable to the
45 county, other than any distribution exclusively for school
46 purposes or as required for existing bond debt service, during
47 the period such ordinance is in force.
48 (4) A sheriff, tax collector, property appraiser,
49 supervisor of elections, clerk of the court, or any resident of
50 a county may bring an action in circuit court against a county
51 that violates this section. The court may enter a judgment
52 awarding declaratory and injunctive relief, damages, and costs.
53 The court may also award reasonable attorney fees to the
54 prevailing party; however, the court may not award reasonable
55 attorney fees to a county as the prevailing party.
56 Section 2. Present paragraphs (b) through (e) of subsection
57 (2) of section 129.01, Florida Statutes, are redesignated as
58 paragraphs (c) through (f), respectively, and a new paragraph
59 (b) is added to that subsection to read:
60 129.01 Budget system established.—A budget system for the
61 control of the finances of the boards of county commissioners of
62 the several counties of the state is established as follows:
63 (2) The budget must conform to the following general
64 directions and requirements:
65 (b) The budget may not provide funding to any office,
66 special district, or governmental unit exercising any power or
67 authority allocated exclusively to a sheriff, tax collector,
68 property appraiser, supervisor of elections, or clerk of the
69 court by the State Constitution or general law.
70 Section 3. Section 129.021, Florida Statutes, is amended to
71 read:
72 129.021 County officer budget information.—Notwithstanding
73 other provisions of law, the budgets of all county officers, as
74 submitted to the board of county commissioners, must be in
75 sufficient detail and contain such information as the board of
76 county commissioners may require in furtherance of their powers
77 and responsibilities provided in ss. 125.01(1)(q), (r), and (v),
78 and (6) and 129.01(2)(c) 129.01(2)(b).
79 Section 4. This act shall take effect July 1, 2023.