Senate Bill 0222er

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  1

  2         An act relating to public officers and

  3         employees; amending ss. 18.01, 19.14, 20.23,

  4         F.S.; eliminating bond requirements for the

  5         Treasurer, the Commissioner of Agriculture, and

  6         the comptroller of the Department of

  7         Transportation; amending s. 20.05, F.S.;

  8         allowing the head of an executive department to

  9         require bonds for officers or employees of the

10         department and to set the amount of the bond

11         and approve the bond; amending s. 20.32, F.S.;

12         allowing the Parole Commission to require bonds

13         for employees, set the bond amount, and approve

14         the bonds; amending s. 27.255, F.S.;

15         authorizing state attorneys to require bonds

16         for full-time investigators and special

17         investigators; amending ss. 28.01, 28.02,

18         28.09, 30.01, 30.02, 30.06, 30.09, 30.21,

19         40.35, F.S.; requiring bonds and the filing of

20         bonds with the clerk of the circuit court as

21         determined by the board of county commissioners

22         for the clerk of the circuit court, clerks ad

23         interim, sheriffs, and deputy sheriffs;

24         providing requirements for bonds when sheriffs

25         are appointed to fill vacancies; clarifying the

26         liability of sureties; amending ss. 48.021,

27         98.015, F.S.; eliminating bond requirements for

28         special process servers, and supervisors of

29         elections; amending s. 113.07, F.S.;

30         eliminating the requirement for public

31         officials to file a surety bond as a


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  1         prequalification to holding office or

  2         performing duties; amending s. 115.03, F.S.,

  3         relating to elected officers' duties;

  4         clarifying that any required bonds remain in

  5         effect for the remainder of a term of office;

  6         allowing for the deputy to give a bond;

  7         amending s. 137.01, F.S.; eliminating the bond

  8         requirements for county officers; allowing the

  9         board of county commissioners to require county

10         officers to give a bond, set the amount of the

11         bond, and approve the bond; requiring the

12         filing of bonds with the clerk of the circuit

13         court instead of the Department of State;

14         amending s. 137.02, F.S.; eliminating the bond

15         requirements for tax collectors; requiring bond

16         as determined by the board of county

17         commissioners; eliminating the requirement that

18         the Department of State approve the bond;

19         amending s. 137.03, F.S.; eliminating the bond

20         requirement for property appraisers; requiring

21         bond as determined by the board of county

22         commissioners; amending s. 137.04, F.S.;

23         eliminating the bond requirement for county

24         commissioners; requiring bond as determined by

25         the board; eliminating the requirement that the

26         Department of State approve the bond; amending

27         s. 137.05, F.S., relating to the examination

28         requirements of bonds of county officers by the

29         county commissioners; removing the examination

30         criteria for sureties; removing the required

31         report of impaired bonds by the county


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  1         commissioners to the Governor; amending s.

  2         240.268, F.S.; eliminating the bond requirement

  3         for university police officers; allowing the

  4         university to require a bond, set the amount of

  5         the bond, and approve the bond; amending s.

  6         240.38, F.S.; eliminating the bond requirement

  7         for community college police officers; allowing

  8         the community college to require a bond, set

  9         the amount of the bond, and approve the bond;

10         amending s. 242.343, F.S.; eliminating the bond

11         requirement for campus police of the Florida

12         School for the Deaf and the Blind; allowing the

13         board of trustees to require a bond, set the

14         amount of the bond, and approve the bond;

15         amending ss. 250.10, 266.00001, 266.0013, F.S.,

16         and repealing s. 252.55(5), F.S.; eliminating

17         bond requirements for the state quartermaster

18         appointed by the Adjutant General, the Florida

19         Wing commander of the Civil Air Patrol, and

20         members of the historic preservation board;

21         authorizing the Department of State to require

22         and approve a bond for members of historic

23         preservation boards; amending s. 284.41, F.S.;

24         eliminating the coverage for trust funds by the

25         public official bond of the Treasurer and

26         Insurance Commissioner; amending s. 320.03,

27         F.S.; allowing the Department of Highway Safety

28         and Motor Vehicles to require a bond of tax

29         collectors; amending s. 372.04, F.S.;

30         eliminating the requirement for the Director of

31         the Game and Fresh Water Fish Commission to


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  1         give a bond; allowing the Game and Fresh Water

  2         Fish Commission to require a bond of employees,

  3         to determine the amount of the bond, and to

  4         approve the bond; amending s. 388.131, F.S.;

  5         eliminating the bond requirement for the board

  6         of commissioners of mosquito-control districts;

  7         allowing the Department of Agriculture and

  8         Consumer Services to require a bond; amending

  9         s. 440.50, F.S.; eliminating the requirement

10         for the Treasurer and Insurance Commissioner to

11         give a bond related to his or her duties as

12         custodian of the Workers' Compensation

13         Administration Trust Fund; amending s. 443.191,

14         F.S.; eliminating the liability on the

15         Treasurer's and Insurance Commissioner's

16         official bond for duties as custodian of the

17         Unemployment Compensation Trust Fund; amending

18         s. 443.211, F.S.; eliminating the liability on

19         the Treasurer's and Insurance Commissioner's

20         official bond for duties in connection with the

21         Employment Security Administration Trust Fund;

22         amending s. 523.22, F.S.; eliminating the

23         requirement that the Legislature provide for

24         premiums for the bonds of all naval store

25         inspectors; amending ss. 561.051, 570.073,

26         570.09, 570.11, 582.055, F.S.; eliminating bond

27         requirements for the director and employees of

28         the Division of Alcoholic Beverages and Tobacco

29         of the Department of Business and Professional

30         Regulation and for certain employees of the

31         Department of Agriculture and Consumer


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  1         Services; repealing s. 17.01, F.S., which

  2         requires the Comptroller to give a bond;

  3         repealing s. 17.19, F.S., which requires the

  4         Comptroller to annually examine the bonds of

  5         state officers and report insufficiency of

  6         bonds to the Governor; requiring the Governor

  7         to require a new bond; holding the Comptroller

  8         liable to the state for any loss sustained due

  9         to failure to examine the bonds; providing for

10         recovery of loss by suit; repealing s. 113.05,

11         F.S., which prohibits the Governor from issuing

12         commissions to persons required by law to give

13         bond until the execution, approval, and filing

14         of the bond; repealing s. 137.06, F.S., which

15         provides that the failure of a county officer

16         to file a new bond is misfeasance, requires the

17         Governor to suspend the officer and appoint a

18         successor, and makes an officer impeachable for

19         failure to give a new bond; repealing s.

20         137.07, F.S., which provides liability of the

21         Comptroller and county commissioners to the

22         state and county for failure to perform duties

23         under s. 17.19, F.S., or s. 137.05, F.S.;

24         repealing s. 213.04, F.S., which requires the

25         executive director of the Department of Revenue

26         to give a bond; repealing s. 229.501, F.S.,

27         which requires the Commissioner of Education to

28         give a bond; repealing s. 281.09, F.S., which

29         requires bonding for the officers and agents of

30         the Division of Capitol Police; repealing s.

31         321.08, F.S., which requires certain officers


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  1         and employees of the Department of Highway

  2         Safety and Motor Vehicles to give a bond;

  3         repealing s. 523.11, F.S., which requires the

  4         supervising inspector of naval stores to give a

  5         bond; providing applicability; providing an

  6         effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Section 18.01, Florida Statutes, is amended

11  to read:

12         18.01  Bond of Treasurer.--The Treasurer shall, within

13  10 days before he or she enters upon the duties of office,

14  give a bond to the state, in the sum of $100,000, with any

15  solvent surety insurer authorized to transact such business in

16  this state and qualified for the posting of bonds of public

17  officials under s. 627.754, to be approved by the Governor,

18  conditioned that the Treasurer will faithfully execute the

19  duties of office; and shall take and subscribe an oath or

20  affirmation faithfully to discharge the duties of office,;

21  which bond and oath or affirmation must shall be deposited

22  with the Department of State. The Treasurer shall also file;

23  and after such bond shall have been given, upon the filing

24  with the Department of State of a certificate from the

25  Comptroller attesting, that the retiring Treasurer has turned

26  over vouchers for all payments made as required by law, and

27  that the Treasurer's account has been truly credited with the

28  same, and that he or she has filed receipts from his or her

29  successor for all vouchers paid since the end of last quarter,

30  and for balance of cash, and for all bonds and other

31  securities held by the Treasurer as such, and a certificate


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  1  from each board of which he or she is made by law ex officio

  2  Treasurer, that he or she has satisfactorily accounted to such

  3  board as its Treasurer.; the bond given by such Treasurer and

  4  the Treasurer's sureties shall be discharged and delivered up

  5  and shall be canceled by the Comptroller.  Such bond shall be

  6  deemed to extend to the faithful execution of the office of

  7  Treasurer by the person giving such bond until his or her

  8  successor shall have qualified, and to the faithful

  9  performance of the duties of Treasurer of each board or fund

10  of which he or she is or may be made by law ex officio the

11  Treasurer.

12         Section 2.  Section 19.14, Florida Statutes, is amended

13  to read:

14         19.14  Bond and oath of office.--The Commissioner of

15  Agriculture shall, before he or she enters upon the duties of

16  office, give bond with good security to be approved by the

17  Governor of this state, in the sum of $10,000, conditioned for

18  the faithful discharge of the duties of office; and shall take

19  the oath of office prescribed by the constitution of the

20  state.

21         Section 3.  Subsection (4) is added to section 20.05,

22  Florida Statutes, to read:

23         20.05  Heads of departments; powers and duties.--

24         (4)  Each head of a department may require any officer

25  or employee of the department to give a bond for the faithful

26  performance of his or her duties. The head of a department may

27  determine the amount of the bond and must approve the bond. In

28  determining the amount of the bond, the head of the department

29  may consider the amount of money or property likely to be in

30  custody of the officer or employee at any one time. The

31


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  1  premiums for the bonds must be paid out of the funds of the

  2  department.

  3         Section 4.  Paragraph (i) of subsection (3) of section

  4  20.23, Florida Statutes, is amended to read:

  5         20.23  Department of Transportation.--There is created

  6  a Department of Transportation which shall be a decentralized

  7  agency.

  8         (3)

  9         (i)1.  The secretary shall appoint a comptroller who is

10  shall be responsible to the Assistant Secretary for Finance

11  and Administration.  This position is exempt from part II of

12  chapter 110.

13         2.  The comptroller is the chief financial officer of

14  the department and must shall be a proven, effective

15  administrator who by a combination of education and experience

16  clearly possesses a broad knowledge of the administrative,

17  financial, and technical aspects of a complex cost-accounting

18  system.  The comptroller must also have a working knowledge of

19  generally accepted accounting principles.  At a minimum, the

20  comptroller must shall hold an active license to practice

21  public accounting in Florida pursuant to chapter 473 or an

22  active license to practice public accounting in any other

23  state.  In addition to the requirements of the Florida Fiscal

24  Accounting Management Information System Act, the comptroller

25  is responsible for the development, maintenance, and

26  modification of an accounting system that which will in a

27  timely manner accurately reflect the revenues and expenditures

28  of the department and that includes which shall include a

29  cost-accounting system to properly identify, segregate,

30  allocate, and report department costs.  The comptroller shall

31  supervise and direct preparation of a detailed 36-month


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  1  forecast of cash and expenditures and is shall be responsible

  2  for managing cash and determining cash requirements. The

  3  comptroller shall review all comparative cost studies that

  4  which examine the cost-effectiveness and feasibility of

  5  contracting for services and operations performed by the

  6  department.  The review must shall state that the study was

  7  prepared in accordance with generally accepted cost-accounting

  8  standards applied in a consistent manner using valid and

  9  accurate cost data.

10         3.  The comptroller must give bond in the amount of

11  $100,000, payable to the Governor and his or her successors in

12  office, to be approved by the Department of Banking and

13  Finance and conditioned upon the faithful performance of his

14  or her duties.  The premiums of such bond shall be paid from

15  the funds for the maintenance of the department.

16         3.4.  The department shall by rule or internal

17  management memoranda as required by chapter 120 provide for

18  the maintenance by the comptroller of financial records and

19  accounts of the department as will afford a full and complete

20  check against the improper payment of bills and provide a

21  system for the prompt payment of the just obligations of the

22  department, which records must at all times disclose:

23         a.  The several appropriations available for the use of

24  the department;

25         b.  The specific amounts of each such appropriation

26  budgeted by the department for each improvement or purpose;

27         c.  The apportionment or division of all such

28  appropriations among the several counties and districts, when

29  such apportionment or division is made;

30

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  1         d.  The amount or portion of each such apportionment

  2  against general contractual and other liabilities then

  3  created;

  4         e.  The amount expended and still to be expended in

  5  connection with each contractual and other obligation of the

  6  department;

  7         f.  The expense and operating costs of the various

  8  activities of the department;

  9         g.  The receipts accruing to the department and the

10  distribution thereof;

11         h.  The assets, investments, and liabilities of the

12  department; and

13         i.  The cash requirements of the department for a

14  36-month period.

15         4.5.  The comptroller shall maintain a separate account

16  for each fund administered by the department.

17         5.6.  The comptroller shall perform such other related

18  duties as may be designated by the department.

19         Section 5.  Subsection (3) is added to section 20.32,

20  Florida Statutes, to read:

21         20.32  Parole Commission.--

22         (3)  The commission may require any employee of the

23  commission to give a bond for the faithful performance of his

24  or her duties. The commission may determine the amount of the

25  bond and must approve the bond. In determining the amount of

26  the bond, the commission may consider the amount of money or

27  property likely to be in custody of the officer or employee at

28  any one time. The premiums for the bonds must be paid out of

29  the funds of the commission.

30         Section 6.  Subsection (4) of section 27.255, Florida

31  Statutes, is amended to read:


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  1         27.255  Investigators; authority to arrest,

  2  qualifications, rights, immunities, bond, and oath.--

  3         (4)  Any full-time investigator employed by the state

  4  attorney and any special investigator appointed by the state

  5  attorney pursuant to the provisions of s. 27.251 shall, before

  6  entering into the performance of duties, take and file the

  7  oath as prescribed in s. 5, Art. II of the State Constitution.

  8  The state attorney may require any full-time investigator

  9  employed by the state attorney or any special investigator

10  appointed by the state attorney pursuant to the provisions of

11  s. 27.251 to give a bond and enter into a good and sufficient

12  bond with a surety company authorized to do business in this

13  state as surety thereon, conditioned on the faithful

14  performance of the investigator's duties and payable to the

15  Governor and his or her successors in the penal sum of $5,000.

16         Section 7.  Section 28.01, Florida Statutes, is amended

17  to read:

18         28.01  Bond of circuit court clerks, small

19  counties.--In each county of the state, having a population of

20  150,000 or less according to the last state census, the clerk

21  of the circuit court shall, before being commissioned, give

22  bond as required in a penalty which shall not be less than

23  $1,000 nor more than $5,000 to be fixed by the board of county

24  commissioners of the county, payable to the Governor of the

25  state and his or her successors in office, with two or more

26  good and sufficient sureties to be approved by the board of

27  county commissioners, and to be filed with and approved by the

28  clerk of the circuit court and be Department of State, which

29  said bond shall be conditioned upon the faithful discharge of

30  the duties of office.

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  1         Section 8.  Section 28.02, Florida Statutes, is amended

  2  to read:

  3         28.02  Bond of circuit court clerks, large

  4  counties.--In each county of the state, having a population in

  5  excess of 150,000 according to the last state census, the

  6  clerk of the circuit court shall, before being commissioned,

  7  give bond as required in a penalty which shall not be less

  8  than $5,000 nor more than $100,000 to be fixed by the board of

  9  county commissioners of the county, payable to the Governor of

10  the state and his or her successors in office, with two or

11  more good and sufficient sureties to be approved by the board

12  of county commissioners, and to be filed with the clerk of the

13  circuit court and be and approved by the Department of State,

14  which said bond shall be conditioned upon the faithful

15  discharge of the duties of office.

16         Section 9.  Section 28.09, Florida Statutes, is amended

17  to read:

18         28.09  Clerk ad interim.--In the case of vacancy

19  occurring in the office of a clerk of the circuit court by

20  death, resignation, or other cause, the judge of that court

21  shall appoint a clerk ad interim, who shall assume all the

22  responsibilities, perform all the duties, and receive the same

23  compensation for the time being as if he or she had been duly

24  appointed to fill the office; and the clerk shall give such

25  bond and security for the faithful performance of duties as

26  required is prescribed by the board of county commissioners

27  law.

28         Section 10.  Section 30.01, Florida Statutes, is

29  amended to read:

30         30.01  Bond of sheriffs; small counties.--In each

31  county of the state, having a population of 150,000 or less


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  1  according to the last state census, the sheriff shall, before

  2  being commissioned, give bond as required in a penalty which

  3  shall not be less than $200 nor more than $10,000, to be fixed

  4  by the board of county commissioners of the county, payable to

  5  the Governor of the state and the Governor's successors in

  6  office, with two or more good and sufficient sureties to be

  7  approved by the board of county commissioners, and to be filed

  8  with and approved by the clerk of the circuit court and be

  9  Department of State, which said bond shall be conditioned upon

10  the faithful discharge of the duties of his or her office.

11  When a sheriff is appointed to fill a vacancy, a bond may not

12  be a prerequisite to succession in office; however, if the

13  county commission requires a bond for the office of sheriff

14  the commission shall allow a period of 10 days after the

15  effective date of the appointment in which the bond may be

16  provided.

17         Section 11.  Section 30.02, Florida Statutes, is

18  amended to read:

19         30.02  Bond of sheriffs; large counties.--In each

20  county in the state, having a population in excess of 150,000

21  according to the last state census, the sheriff shall, before

22  being commissioned, give bond as required in a penalty which

23  shall not be less than $10,000 nor more than $25,000 to be

24  fixed by the board of county commissioners of the county,

25  payable to the Governor of the state and the Governor's

26  successors in office, with two or more good and sufficient

27  sureties to be approved by the board of county commissioners,

28  and to be filed with and approved by the clerk of the circuit

29  court and be Department of State, which bond shall be

30  conditioned upon the faithful discharge of the duties of his

31  or her office. When a sheriff is appointed to fill a vacancy,


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  1  a bond may not be a prerequisite to succession in office;

  2  however, if the county commission requires a bond for the

  3  office of sheriff the commission shall allow a period of 10

  4  days after the effective date of the appointment in which the

  5  bond may be provided.

  6         Section 12.  Section 30.06, Florida Statutes, is

  7  amended to read:

  8         30.06  Liability of sureties.--The sureties, if any,

  9  are shall be liable for all fines and amercements imposed upon

10  the principal, or sheriff.

11         Section 13.  Section 30.09, Florida Statutes, is

12  amended to read:

13         30.09  Qualification of deputies; special deputies.--

14         (1)  BOND, SURETIES, PERFORMANCE OF SERVICES.--

15         (a)  Each deputy sheriff who is, appointed as

16  aforesaid, shall be required to give bond as required by the

17  board of county commissioners. in the penal sum of $1,000,

18  payable to the Governor of Florida and the Governor's

19  successors in office, with two or more good and sufficient

20  sureties, to be The amount of the bond and the bond must be

21  approved by the board of county commissioners. The bond must

22  be and filed with the clerk of the circuit court and be, which

23  bond shall be conditioned upon the faithful performance of the

24  duties of his or her office.  A No deputy sheriff may not

25  shall be allowed to perform any services as such deputy until

26  he or she subscribes shall subscribe to the oath now

27  prescribed for sheriffs and until the approval of the deputy's

28  bond.  The aforesaid Sureties are shall be liable for all

29  fines and amercements imposed upon their principal.

30         (b)  The board of county commissioners of any county

31  may is authorized to accept a blanket surety bond issued by a


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  1  solvent surety company authorized to do business in this

  2  state, conditioned upon the faithful performance of the duties

  3  of the deputy sheriffs appointed by a sheriff, in a the penal

  4  sum to be fixed by the board of county commissioners of not

  5  less than $1,000 payable to the Governor and his or her

  6  successors in office. If such a blanket surety bond is shall

  7  be accepted, individual surety bonds for each deputy sheriff

  8  are not shall no longer be necessary.  The cost of the blanket

  9  bond must shall be paid borne by the appropriate sheriff's

10  department.  The aforesaid Sureties are shall be liable for

11  all fines and amercements imposed upon their principals under

12  the provisions of the blanket bond.

13         (2)  SURETY COMPANIES.--The requisite of two sureties

14  and justification of same does shall not apply when where

15  surety is by a solvent surety company authorized to do

16  business in this state.

17         (3)  LIABILITY OF SHERIFF.--The giving of such said

18  bond by a said deputy does shall not in any manner relieve the

19  sheriff of the liability for the acts of his or her deputies.

20         (4)  EXCEPTIONS.--The provisions of This section does

21  shall not apply to the appointment of special deputy sheriffs

22  when appointed by the sheriff, under the following

23  circumstances:

24         (a)  On election days, To attend elections on election

25  days.

26         (b)  To perform undercover investigative work.

27         (c)  For specific guard or police duties in connection

28  with public sporting or entertainment events, not to exceed 30

29  days; or for watch or guard duties, when serving in such

30  capacity at specified locations or areas only.

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  1         (d)  For special and temporary duties, without power of

  2  arrest, in connection with guarding or transporting prisoners.

  3         (e)  To aid in preserving law and order, or to give

  4  render necessary assistance in the event of any threatened or

  5  actual hurricane, fire, flood, or other natural disaster, or

  6  in the event of any major tragedy such as an airplane crash,

  7  train or automobile wreck, or similar accident.

  8         (f)  To raise the power of the county, by calling

  9  bystanders or others, to assist in quelling a riot or any

10  breach of the peace, when ordered by the sheriff or an

11  authorized general deputy.

12         (g)  To serve as a parking enforcement specialist

13  pursuant to s. 316.640(2).

14

15  The appointment of a any such special deputy sheriff in any

16  such circumstance, except with respect to paragraph (g), may

17  be made with full powers of arrest when whenever the sheriff

18  considers deems such appointment reasonable and necessary in

19  the execution of the duties of his or her office. Except under

20  circumstances described in paragraphs (a), (e), (f), and (g),

21  the appointees must shall possess at least the minimum

22  requirements established for law enforcement officers by the

23  Criminal Justice Standards and Training Commission. The

24  appointment of any such special deputy sheriff must shall be

25  recorded in a register maintained for such purpose in the

26  sheriff's office, showing the terms and circumstances of such

27  appointment.

28         (5)  REMOVAL FOR VIOLATION.--A violation of this

29  section subjects shall subject the offender to removal by the

30  Governor.

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  1         Section 14.  Section 30.21, Florida Statutes, is

  2  amended to read:

  3         30.21  Failure to pay over money.--If any sheriff fails

  4  shall fail to collect or pay over fines, fees, costs, or other

  5  moneys adjudged to the state which he or she has shall have

  6  been by proper process directed to collect, the sheriff

  7  forfeits shall forfeit his or her commissions and also is be

  8  liable for to a fine of $50, to be recovered by motion before

  9  the circuit court, after 10 days' notice, and the sheriff's

10  sureties, if any, are shall also be liable for the amount of

11  such moneys upon his or her bond as sheriff.

12         Section 15.  Subsection (2) of section 40.35, Florida

13  Statutes, is amended to read:

14         40.35  Accounting and payment to the State Courts

15  Administrator.--

16         (2)  If a any such clerk of the court fails to account

17  for and pay over promptly the balance of all moneys so paid

18  him or her, the sureties, if any, on a the clerk's official

19  bond are shall be held liable and responsible for same; and

20  the State Courts Administrator shall report to the Governor

21  and the Comptroller any failure on the part of the clerk of

22  the court to report and faithfully account for any such

23  moneys.

24         Section 16.  Paragraphs (b), (c), and (d) of subsection

25  (2) of section 48.021, Florida Statutes, are amended to read:

26         48.021  Process; by whom served.--

27         (2)

28         (b)  A person applying to become a special process

29  server shall:

30         1.  Be at least 18 years of age.

31         2.  Have no mental or legal disability.


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  1         3.  Be a permanent resident of the state.

  2         4.  Submit to a background investigation that includes;

  3  which shall include the right to obtain and review the

  4  criminal record of the applicant.

  5         5.  Obtain and file with the application a certificate

  6  of good conduct that, which specifies there is no pending

  7  criminal case against the applicant and that there is no

  8  record of any felony conviction, nor a record of a misdemeanor

  9  involving moral turpitude or dishonesty, with respect to the

10  applicant within the past 5 years.

11         6.  Submit to an examination testing the applicant's

12  knowledge of the laws and rules regarding the service of

13  process. The content of the examination and the passing grade

14  thereon, and the frequency and the location at which the such

15  examination is shall be offered must shall be prescribed by

16  the sheriff. The examination must shall be offered at least

17  once annually.

18         7.  Execute a bond in the amount of $5,000 with a

19  surety company authorized to do business in this state for the

20  benefit of any person wrongfully injured by malfeasance,

21  misfeasance, or neglect of duty, or incompetence of the

22  applicant, in connection with his or her duties as a process

23  server.  Such bond shall be renewable annually.

24         7.8.  Take an oath that the applicant will honestly,

25  diligently, and faithfully exercise the duties of a special

26  process server.

27         (c)  The sheriff may prescribe additional rules and

28  requirements directly related to subparagraphs (b)1.-7.

29  (b)1.-8. regarding the eligibility of a person to become a

30  special process server or to have his or her name maintained

31  on the list of special process servers.


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  1         (d)  An applicant who completes the requirements of set

  2  forth in this section must shall be designated as a special

  3  process server provided that the sheriff of the county has

  4  determined that the appointment of special process servers is

  5  necessary or desirable. Each special process server must shall

  6  be issued an identification card bearing his or her

  7  identification number, printed name, signature and photograph,

  8  and an expiration date.  Each identification card must shall

  9  be renewable annually upon proof of good standing and current

10  bond.

11         Section 17.  Subsection (1) of section 98.015, Florida

12  Statutes, is amended to read:

13         98.015  Supervisor of elections; election, tenure of

14  office, compensation, custody of books, office hours,

15  successor, seal; appointment of deputy supervisors; duties.--

16         (1)  A supervisor of elections shall be elected in each

17  county at the general election in each year the number of

18  which is a multiple of four for a 4-year term commencing on

19  the first Tuesday after the first Monday in January succeeding

20  his or her election. Each supervisor shall, before performing

21  any of his or her duties, take the oath prescribed in s. 5,

22  Art. II of the State Constitution and give a surety bond

23  payable to the Governor in the sum of $5,000, conditioned on

24  the faithful discharge of the supervisor's duties.

25         Section 18.  Section 113.07, Florida Statutes, is

26  amended to read:

27         113.07  Bond by surety company; when required.--

28         (1)  When In all cases where public officials, not

29  honorary, either state, county or district, are now, or shall

30  hereafter be, required to post fidelity or performance bonds,

31


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  1  all such bonds must shall be written by surety companies

  2  authorized by law to do business in the state.

  3         (2)  The provisions of this law do shall not apply to

  4  deputy sheriffs, notaries public, or special process servers

  5  appointed to serve process under the provisions of s. 48.021.

  6         (3)  No such official shall be qualified to hold office

  7  or perform the duties thereof until such surety bond has been

  8  filed.

  9         (3)(4)  The cost of the premium on such bond must shall

10  be paid out of the General Revenue Fund of the state or out of

11  the county or out of the various districts, depending upon the

12  class in which such officer belongs.  If In the event any

13  excess premium over the base premium rate is should be charged

14  in the procurement of the bonds herein provided for, such

15  excess premium must shall be paid by the individual officer or

16  official.

17         Section 19.  Section 115.03, Florida Statutes, is

18  amended to read:

19         115.03  Appointment of deputy; bond.--Before applying

20  for a such leave of absence as above mentioned, the such

21  officer shall appoint a capable and competent deputy to take

22  over and perform the duties of the office, and any the bond

23  required of the such officer must remain shall be in full

24  force during the remainder of his or her term of office., in

25  addition to which Such deputy may shall be required to furnish

26  good and sufficient bond in a sum of not more than one-half of

27  the amount of the bond of the officer appointing him or her as

28  such deputy, for the faithful performance of such duties.

29         Section 20.  Section 137.01, Florida Statutes, is

30  amended to read:

31


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  1         137.01  Bonds required by the board of county

  2  commissioners for county officers.--Each board of county

  3  commissioners may by ordinance require any county officer to

  4  give bond, conditioned for the faithful performance of the

  5  duties of his or her office. The amount of the bond and the

  6  bond must be approved by the board of county commissioners. In

  7  determining the amount of the bond, the board of county

  8  commissioners may consider the amount of money or property

  9  likely to be in custody of the county officer at any one time.

10  The bond of each of the county officers of whom a bond is or

11  shall be required must by law, shall, before he or she is

12  commissioned, give bond, with not less than two sureties, or a

13  surety company as hereinafter specified, to the Governor of

14  the state and the Governor's successors in office, conditioned

15  for the faithful performance of the duties of his or her

16  office, which shall be approved by the board of county

17  commissioners, and be filed with the clerk of the circuit

18  court and approved by the Department of State.

19         Section 21.  Section 137.02, Florida Statutes, is

20  amended to read:

21         137.02  Bond of tax collector.--The tax collector of

22  each county shall give bond as required in a sum to be fixed

23  by the board of county commissioners of the respective county,

24  subject to the approval of the Department of State as to

25  amount and surety.  This bond shall be specifically

26  conditioned to account duly and faithfully for all taxes

27  collected by the tax collector.  In fixing the said bond the

28  board of county commissioners may consider shall take into

29  consideration the amount of money likely to be in the custody

30  of the collector at any one time.

31


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  1         Section 22.  Section 137.03, Florida Statutes, is

  2  amended to read:

  3         137.03  Bond of property appraisers.--The county

  4  property appraiser shall give a bond as required, the amount

  5  of which shall be fixed by the board of county commissioners

  6  at not less than $1,000 or more than $10,000.  In fixing the

  7  amount of the said bond, the board of county commissioners may

  8  consider shall take into consideration the amount of money

  9  likely to be in the custody of the property appraiser at any

10  one time.

11         Section 23.  Section 137.04, Florida Statutes, is

12  amended to read:

13         137.04  County commissioners to give bond.--Each and

14  every county commissioner of the several counties of the

15  state, whether elected or appointed to such office before he

16  or she is commissioned, must shall be required to give a good

17  and sufficient bond with not less than two sureties, or a

18  surety company duly authorized under the laws of the state, in

19  the sum of $2,000, conditioned for the faithful performance of

20  the duties of his or her office as required, which bond shall

21  be approved by the board of county commissioners and the

22  Department of State.  The premium of the bonds given must with

23  surety companies as sureties shall be paid out of the county

24  treasury.

25         Section 24.  Section 137.05, Florida Statutes, is

26  amended to read:

27         137.05  Duty of boards of county commissioners.--The

28  board of county commissioners of each county the various

29  counties of the state shall at its their regular meetings

30  meeting in January and June of each year examine carefully as

31  to the sufficiency of bonds of the county officers of their


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  1  respective counties, and if it has by reason of death,

  2  assignment, or insolvency of any of the sureties on the bonds

  3  of said officers, they have reason to believe that the

  4  sufficiency of any said bond has become impaired, it must they

  5  shall at once report the same to the Governor, who shall call

  6  upon and require the such officer or officers to execute and

  7  file with the proper officer a new bond for the same amount

  8  and, under the same conditions as his or her former bond.

  9         Section 25.  Subsection (4) of section 240.268, Florida

10  Statutes, is amended to read:

11         240.268  University police officers.--

12         (4)  University police must shall meet the minimum

13  standards established by the Criminal Justice Standards and

14  Training Commission and chapter 943.  Each police officer

15  shall, before entering into the performance of his or her

16  duties, take the oath of office as established by the

17  university; and the university may obtain and approve a shall

18  enter into a good and sufficient bond on each officer, payable

19  to the Governor and his or her successors in office, in the

20  penal sum of $5,000 with a surety company authorized to do

21  business in this state as surety thereon, conditioned on the

22  faithful performance of the duties of such university police

23  officer. The university may determine the amount of the bond.

24  In determining the amount of the bond, the university may

25  consider the amount of money or property likely to be in the

26  custody of the officer at any one time. The university shall

27  provide a uniform set of identification credentials for each

28  university police officer.

29         Section 26.  Subsection (4) of section 240.38, Florida

30  Statutes, is amended to read:

31         240.38  Community college police.--


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  1         (4)  Community college police must meet the minimum

  2  standards established by the Police Standards and Training

  3  Commission of the Department of Law Enforcement and chapter

  4  943 for law enforcement officers.  Each community college

  5  police officer must, before entering into the performance of

  6  his or her duties, take the oath of office established by the

  7  community college. Each community college that employs police

  8  officers may shall obtain and approve a surety bond on each

  9  police officer, conditioned upon the officer's faithful

10  performance of his or her duties, which bond must be in the

11  amount of $5,000 payable to the Governor.  The community

12  college may determine the amount of the bond. In determining

13  the amount of the bond, the community college may consider the

14  amount of money or property likely to be in the custody of the

15  officer at any one time bond must be obtained from a surety

16  company authorized to do business in this state.  The

17  community college shall provide a uniform set of identifying

18  credentials to each community college police officer it

19  employs.

20         Section 27.  Subsection (4) of section 242.343, Florida

21  Statutes, is amended to read:

22         242.343  Florida School for the Deaf and the Blind

23  campus police.--

24         (4)  The campus police must meet the minimum standards

25  established by the Criminal Justice Standards and Training

26  Commission of the Department of Law Enforcement and chapter

27  943 for law enforcement officers. Each campus police officer

28  must, before entering into the performance of the officer's

29  duties, take the oath of office established by the board of

30  trustees. The board of trustees may shall obtain and approve a

31  surety bond on each campus police officer, conditioned upon


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  1  the officer's faithful performance of the officer's duties,

  2  which bond must be in the amount of $5,000 payable to the

  3  Governor. The board of trustees may determine the amount of

  4  the bond. In determining the amount of the bond, the board may

  5  consider the amount of money or property likely to be in the

  6  custody of the officer at any one time bond must be obtained

  7  from a surety company authorized to do business in this state.

  8  The board of trustees must shall provide a uniform set of

  9  identifying credentials to each campus police officer it

10  employs.

11         Section 28.  Subsection (5) of section 250.10, Florida

12  Statutes, is amended to read:

13         250.10  Appointment and duties of the Adjutant

14  General.--

15         (5)  The Adjutant General shall employ a federally

16  recognized officer of the Florida National Guard as the state

17  quartermaster who under the direction of the Adjutant General

18  is shall be accountable for all funds accruing to the

19  Department of Military Affairs and shall, receive, preserve,

20  repair, issue, distribute, and account for all Department of

21  Military Affairs property, including to include real estate

22  pertaining to the State Armory Board, and shall; construct,

23  maintain, improve, and repair facilities pertaining to the

24  Department of Military Affairs and the armory board.; The

25  state quartermaster will be the recorder of the armory board

26  and will perform such other duties as may be required of him

27  or her by the Adjutant General; the state quartermaster shall

28  give a surety bond in a surety company approved by the

29  Adjutant General in such amount as the Adjutant General may

30  determine.

31


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  1         Section 29.  Subsection (2) of section 266.00001,

  2  Florida Statutes, is amended to read:

  3         266.00001  Historic preservation boards of trustees;

  4  authority of Department of State.--

  5         (2)  The boards are placed under the administrative

  6  supervision of the Division of Historical Resources of the

  7  Department of State. The department may require members of the

  8  board appointed as provided in s. 266.0013 to give a bond.

  9         Section 30.  Subsection (4) of section 266.0013,

10  Florida Statutes, is amended to read:

11         266.0013  Board; membership; terms of office;

12  compensation; expenses; bond; removal.--

13         (4)  The members of the board, including the chair, may

14  not receive compensation for their services but are entitled

15  to be reimbursed for per diem and travel expenses incurred in

16  the performance of their official duties as members of the

17  board, subject to the provisions and limitations of s.

18  112.061. Each member shall give a surety bond in the sum of

19  $5,000, executed by a surety company authorized to do business

20  in this state, payable to the Governor and the Governor's

21  successors in office, and conditioned upon the faithful

22  performance of the member's duties.  The cost of each such

23  bond must be paid by the board.

24         Section 31.  Subsection (5) of section 252.55, Florida

25  Statutes, is repealed.

26         Section 32.  Section 284.41, Florida Statutes, is

27  amended to read:

28         284.41  Transfer of personnel and funds to the Division

29  of Risk Management; extension of Insurance Commissioner and

30  Treasurer's public official bond.--

31


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  1         (1)  All personnel and funds otherwise allocated to the

  2  Department of Insurance for this purpose are hereby

  3  transferred to the Division of Risk Management.

  4         (2)  The administration of parts I, II, and III of this

  5  chapter is shall be a function of the Division of Risk

  6  Management.

  7         (3)  The current public official bond covering the

  8  Insurance Commissioner and Treasurer is hereby extended to

  9  include the trust funds hereby created.

10         Section 33.  Subsection (2) of section 320.03, Florida

11  Statutes, is amended to read:

12         320.03  Registration; duties of tax collectors;

13  International Registration Plan.--

14         (2)  The department may require each tax collector is

15  required to give a good and sufficient surety bond, payable to

16  the department, conditioned that the tax collector will

17  faithfully and truly perform the duties imposed upon him or

18  her according to the requirements of law and the rules and

19  regulations of the department and that the tax collector will

20  well and truly pay over and account for all validation

21  stickers, records, and other property and money that comes

22  which may come into his or her possession or control by reason

23  of such service.  The amount of the such bond is to shall be

24  determined by the department based on an amount not more than

25  10 percent above the average of the daily deposits of each tax

26  collector.

27         Section 34.  Section 372.04, Florida Statutes, is

28  amended to read:

29         372.04  Director of commission.--The commission shall

30  appoint, fix the salary of, and at pleasure remove, a suitable

31  person, not a member of the commission, as director. The Said


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  1  director must shall be reimbursed for travel and other

  2  expenses incurred in the discharge of her or his official

  3  duties. The commission may require any employee of the

  4  commission to give a bond for the faithful performance of his

  5  or her duties. The commission may determine the amount of the

  6  bond and must approve the bond. In determining the amount of

  7  the bond, the commission may consider the amount of money or

  8  property likely to be in custody of the officer or employee at

  9  any one time. The premiums for the bonds must be paid out of

10  the funds of the commission. The director shall give bond in

11  the sum of $10,000, conditioned upon the faithful performance

12  of the director's official duties, payable to the Governor and

13  her or his successors in office, with some reputable bonding

14  corporation authorized to do business in this state as surety,

15  said bond to be approved by the Department of Banking and

16  Finance. Said director shall maintain her or his headquarters

17  and reside in Tallahassee.

18         Section 35.  Section 388.131, Florida Statutes, is

19  amended to read:

20         388.131  Commissioners; surety bond.--The department

21  may require each commissioner, before he or she assumes

22  office, shall be required to give the Commissioner of

23  Agriculture a good and sufficient surety bond in the sum of

24  $2,000, the cost thereof being borne by the district,

25  conditioned on the faithful performance of the duties of his

26  or her office. The, said bond must to be approved and filed in

27  the same manner as a bond is that of the board of county

28  commissioners.  The failure of any person to make and file the

29  required this bond within 10 days after his or her election

30  creates shall create a vacancy on the said board.

31


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  1         Section 36.  Subsection (2) of section 440.50, Florida

  2  Statutes, is amended to read:

  3         440.50  Workers' Compensation Administration Trust

  4  Fund.--

  5         (2)  The Treasurer is authorized to disburse moneys

  6  from such fund only when approved by the division and upon the

  7  order of the Comptroller.  He or she shall be required to give

  8  bond in an amount to be approved by the division conditioned

  9  upon the faithful performance of his or her duty as custodian

10  of such fund.

11         Section 37.  Subsection (2) of section 443.191, Florida

12  Statutes, is amended to read:

13         443.191  Unemployment Compensation Trust Fund;

14  establishment and control.--

15         (2)  The Treasurer is shall be the ex officio treasurer

16  and custodian of the fund and shall administer the such fund

17  in accordance with the directions of the division.  All

18  payments from the fund must shall be approved by the division

19  or by a duly authorized agent and must shall be made by the

20  Treasurer upon warrants issued by the Comptroller, except as

21  hereinafter provided.  The Treasurer shall maintain within the

22  fund three separate accounts:

23         (a)  A clearing account;

24         (b)  An Unemployment Compensation Trust Fund account;

25  and

26         (c)  A benefit account.

27

28  All moneys payable to the fund, including moneys received from

29  the United States as reimbursement for extended benefits paid

30  by the division, upon receipt thereof by the division, must

31  shall be forwarded to the Treasurer, who shall immediately


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  1  deposit them in the clearing account.  Refunds payable under

  2  pursuant to s. 443.141 may be paid from the clearing account

  3  upon warrants issued by the Comptroller as above set forth.

  4  After clearance thereof, all other moneys in the clearing

  5  account must shall be immediately deposited with the Secretary

  6  of the Treasury of the United States to the credit of the

  7  account of this state in the Unemployment Compensation Trust

  8  Fund established and maintained under pursuant to s. 904 of

  9  the Social Security Act, as amended, any provisions of the law

10  in this state relating to the deposit, administration,

11  release, or disbursement of moneys in the possession or

12  custody of this state to the contrary notwithstanding.  The

13  benefit account shall consist of all moneys requisitioned from

14  this state's account in the Unemployment Compensation Trust

15  Fund.  Except as herein otherwise provided, moneys in the

16  clearing and benefit accounts may be deposited by the

17  Treasurer, under the direction of the division, in any bank or

18  public depository in which general funds of the state may be

19  deposited, but no public deposit insurance charge or premium

20  may shall be paid out of the fund.  If any warrant issued

21  against the clearing account or the benefit account is not

22  presented for payment within 1 year after issuance thereof,

23  the Comptroller must shall cancel the same and credit without

24  restriction the amount of such warrant to the account upon

25  which it is drawn.  When the payee or person entitled to any

26  warrant so canceled requests payment thereof, the Comptroller,

27  upon direction of the division, must shall issue a new warrant

28  therefor, to be paid out of the account against which the

29  canceled warrant had been drawn. The Treasurer shall be liable

30  on her or his official bond for the faithful performance of

31  her or his duties as custodian of the fund.


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  1         Section 38.  Subsection (1) of section 443.211, Florida

  2  Statutes, is amended to read:

  3         443.211  Employment Security Administration Trust Fund;

  4  appropriation; reimbursement.--

  5         (1)  EMPLOYMENT SECURITY ADMINISTRATION TRUST

  6  FUND.--There is created in the State Treasury a special fund

  7  to be known as the "Employment Security Administration Trust

  8  Fund."  All moneys that which are deposited or paid into this

  9  fund remain shall be continuously available to the division

10  for expenditure in accordance with the provisions of this

11  chapter and do shall not lapse at any time and may not or be

12  transferred to any other fund.  All moneys in this fund which

13  are received from the Federal Government or any agency thereof

14  or which are appropriated by this state for the purposes

15  described in ss. 443.171 and 443.181, except money received

16  under pursuant to s. 443.191(5)(c), must shall be expended

17  solely for the purposes and in the amounts found necessary by

18  the authorized cooperating federal agencies for the proper and

19  efficient administration of this chapter.  The fund shall

20  consist of all moneys appropriated by this state; all moneys

21  received from the United States or any agency thereof; all

22  moneys received from any other source for such purpose; any

23  moneys received from any agency of the United States or any

24  other state as compensation for services or facilities

25  supplied to such agency; any amounts received pursuant to any

26  surety bond or insurance policy or from other sources for

27  losses sustained by the Employment Security Administration

28  Trust Fund or by reason of damage to equipment or supplies

29  purchased from moneys in such fund; and any proceeds realized

30  from the sale or disposition of any such equipment or supplies

31  which may no longer be necessary for the proper administration


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  1  of this chapter. Notwithstanding any provision of this

  2  section, all money requisitioned and deposited in this fund

  3  under pursuant to s. 443.191(5)(c) remains shall remain part

  4  of the Unemployment Compensation Trust Fund and must shall be

  5  used only in accordance with the conditions specified in s.

  6  443.191(5).  All moneys in this fund must shall be deposited,

  7  administered, and disbursed in the same manner and under the

  8  same conditions and requirements as is provided by law for

  9  other special funds in the State Treasury.  Such moneys must

10  shall be secured by the depositary in which they are held to

11  the same extent and in the same manner as required by the

12  general depositary law of the state, and collateral pledged

13  must shall be maintained in a separate custody account.  All

14  payments from the Employment Security Administration Trust

15  Fund must shall be approved by the division or by a duly

16  authorized agent and must shall be made by the Treasurer upon

17  warrants issued by the Comptroller.  Any balances in this fund

18  do shall not lapse at any time and must remain but shall be

19  continuously available to the division for expenditure

20  consistent with this chapter.  The Treasurer shall be liable

21  on her or his official bond for the faithful performance of

22  her or his duties in connection with the Employment Security

23  Administration Trust Fund provided for under this chapter.

24  Such liability on the official bond shall be effective

25  immediately upon the enactment of this provision, and such

26  liability shall exist in addition to any liability upon any

27  separate bond existent on the effective date of this

28  provision, or which may be given in the future. All sums

29  recovered on any surety bond for losses sustained by the

30  Employment Security Administration Trust Fund shall be

31  deposited in that fund.


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    ENROLLED

    1998 Legislature                                        SB 222



  1         Section 39.  Section 523.22, Florida Statutes, is

  2  amended to read:

  3         523.22  Disposition of fees.--All fees or other

  4  compensation collected by the supervising inspector,

  5  inspectors at large, and inspectors of ports under the

  6  provisions of ss. 523.10, 523.13 and 523.18 must shall be

  7  deposited by the inspector collecting same with the State

  8  Treasurer and must shall be accounted for in the same way as

  9  are other state funds.  The State Treasurer shall credit all

10  such receipts to the General Revenue Fund and the Legislature

11  shall provide in its General Appropriations Act sufficient

12  sums for the salaries and expenses including premiums on bonds

13  required of all naval stores inspectors appointed under this

14  chapter.

15         Section 40.  Section 561.051, Florida Statutes, is

16  amended to read:

17         561.051  Reporting requirements Bond of director and

18  employees.--

19         (1)  The director of the division shall furnish a

20  surety bond by a surety company authorized to do business in

21  this state in the sum of $100,000, payable to the Governor and

22  to be approved by the Comptroller, conditioned upon the

23  faithful performance of his or her duties.  He or she shall

24  promptly report and remit to the Treasurer all taxes and fees

25  collected by him or her hereunder and shall send copies a copy

26  of the reports to the Comptroller.

27         (2)  All employees and assistants of the division shall

28  be covered by a blanket bond in such amount as determined by

29  the director, conditioned upon the faithful performance of

30  their duties, payable to the state for the use and benefit of

31  the division.


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    1998 Legislature                                        SB 222



  1         (3)  The premiums on the bond of the director and the

  2  blanket bond covering all employees and assistants of the

  3  division, as herein provided, shall be paid by the state.

  4         Section 41.  Section 570.09, Florida Statutes, is

  5  amended to read:

  6         570.09  Assistant commissioner.--The commissioner shall

  7  appoint an assistant commissioner of agriculture, who shall

  8  serve at the commissioner's pleasure. Before beginning the

  9  duties of the office, the assistant commissioner shall take

10  and subscribe to the same oath of office as required of state

11  officers in s. 5, Art. II of the Florida Constitution and give

12  bond as provided in s. 570.11.  The assistant commissioner

13  shall be a person qualified by training and experience for the

14  performance of the duties of the office.

15         Section 42.  Subsections (4) and (5) of section

16  570.073, Florida Statutes, are amended to read:

17         570.073  Department of Agriculture and Consumer

18  Services, law enforcement officers.--

19         (4)  Each department law enforcement officer shall be

20  covered by a public employee's faithful-performance-of-duty

21  bond, with a corporate surety authorized to transact insurance

22  in this state, in the sum of $5,000, to be approved by the

23  department, conditioned upon the faithful performance of duty

24  and payable to the commissioner and the commissioner's

25  successors in office.

26         (4)(5)  Each law enforcement officer in the state who

27  is certified pursuant to chapter 943 has the same authority as

28  law enforcement officers designated in this section to enforce

29  the laws of this state as described in subsection (1).

30         Section 43.  Section 570.11, Florida Statutes, is

31  amended to read:


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    ENROLLED

    1998 Legislature                                        SB 222



  1         570.11  Directors; oath of office.--Before entering

  2  upon the duties of his or her office, each director of the

  3  department shall take and subscribe to the same oath of office

  4  as required of state officers by s. 5, Art. II of the Florida

  5  Constitution, and give bond with good security to be approved

  6  by the Governor; in the sum of $10,000, conditioned upon the

  7  faithful discharge of the duties of his or her office.  Such

  8  oath must shall be filed with the Department of State.

  9         Section 44.  Subsection (4) of section 582.055, Florida

10  Statutes, is amended to read:

11         582.055  Powers and duties of the Department of

12  Agriculture and Consumer Services; rules.--

13         (4)  The department shall provide for the execution of

14  surety bonds for all employees who are entrusted with funds or

15  property, and it shall provide for an annual audit of the

16  accounts of receipts and disbursements.

17         Section 45.  Sections 17.01, 17.19, 113.05, 137.06,

18  137.07, 213.04, 229.501, 281.09, and 321.08, Florida Statutes,

19  and section 523.11, Florida Statutes, as amended by section

20  705 of chapter 97-103, Laws of Florida, are repealed.

21         Section 46.  The provisions of this act do not affect a

22  cause of action that accrued before the effective date of the

23  act.

24         Section 47.  This act shall take effect July 1, 1998.

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