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House Bill 0545




    Florida House of Representatives - 1997                 HB 545

        By Representative Sindler






  1                      A bill to be entitled

  2         An act relating to dual officeholding;

  3         providing that a person employed as a law

  4         enforcement officer, correctional officer, or

  5         correctional probation officer is not

  6         considered to be holding an "office" for

  7         certain purposes; providing an effective date.

  8

  9         WHEREAS, s. 5(a), Art. II of the State Constitution

10  provides that no person may hold at the same time more than

11  one office under the governments of the state, counties, and

12  municipalities, and

13         WHEREAS, in the absence of a definition of "office" by

14  the Legislature in implementing this constitutional provision,

15  the courts, while recognizing that municipal law enforcement

16  officers possess attributes of both an office and an

17  employment, have held that such positions are "offices," and

18         WHEREAS, characterizing law enforcement officers as

19  "officers" for purposes of the dual officeholding prohibition

20  in s. 5(a), Art. II of the State Constitution precludes the

21  benefit of their service in other public positions of this

22  state, and

23         WHEREAS, allowing law enforcement officers to seek

24  public office will increase the number of qualified

25  individuals available for appointment and election to such

26  offices, and

27         WHEREAS, the Supreme Court of Florida has determined

28  that, where a constitutional provision may have one of several

29  meanings, the Legislature may adopt a construction and enact a

30  statute to carry that construction into effect, NOW,

31  THEREFORE,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1997                 HB 545

    107-193-97






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

  2

  3         Section 1.  Any person holding active certification

  4  from the Criminal Justice Standards and Training Commission as

  5  a law enforcement officer, correctional officer, or

  6  correctional probation officer, as defined in section

  7  943.10(1), (2), (3), (6), (7), (8), or (9), Florida Statutes,

  8  and employed or appointed by an employing agency as defined in

  9  section 943.10(4), Florida Statutes, shall not be considered

10  as holding an "office" for the purposes of section 5(a) of

11  Article II of the State Constitution.

12         Section 2.  This act shall take effect upon becoming a

13  law.

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16                          HOUSE SUMMARY

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      Provides that a person employed as a law enforcement
18    officer, correctional officer, or correctional probation
      officer shall not be considered to hold an "office" for
19    the purposes of the provision of the State Constitution
      that prohibits holding dual offices.
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