Florida Senate - 2013                                     SB 256
       
       
       
       By Senator Margolis
       
       
       
       
       35-00445-13                                            2013256__
    1                        A bill to be entitled                      
    2         An act relating to state debtors; directing the
    3         Department of State to publish on its website a list
    4         of persons owing money to the state; requiring state
    5         agencies to forward such information to the
    6         department; requiring the department to publish such
    7         information in state newspapers; requiring that the
    8         Department of State notify the Chief Financial Officer
    9         or the governing body of a county, municipality, or
   10         special district of any unpaid debt or fines levied
   11         against a person who has been elected to a state,
   12         county, municipal, or special district office;
   13         requiring that the Chief Financial Officer or the
   14         governing body of a county, municipality, or special
   15         district withhold salary payments that would otherwise
   16         be paid to an elected official when that official owes
   17         a debt or fine to the state; authorizing the Chief
   18         Financial Officer or the governing body to retain a
   19         percentage of payment for administrative costs;
   20         providing an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. To the extent allowed under state and federal
   25  law, the Department of State shall establish and maintain on its
   26  website a list of persons who currently owe money to the state,
   27  including the amount owed and the nature of the debt. Such debt
   28  may include, but is not limited to, unpaid taxes, administrative
   29  fines, judgments, or settlements. Each state agency, as defined
   30  in s. 216.011, Florida Statutes, shall forward to the
   31  department, on a monthly basis, a list of such persons known to
   32  the agency. The department, on a monthly basis shall forward to
   33  the major state newspapers for publication the names of persons
   34  residing in the newspapers’ respective areas of coverage who
   35  have remained on the list for more than 30 days.
   36         Section 2. Payment of unpaid fines by elected officials.—
   37         (1) The Department of State shall notify the Chief
   38  Financial Officer or the governing body of a county,
   39  municipality, or special district of a debt or fine owed to the
   40  state by a person who has been elected to a state, county,
   41  municipal, or special district office.
   42         (2) The Chief Financial Officer or the governing body of a
   43  county, municipality, or special district shall withhold the
   44  salary payment, less applicable state and federal taxes, which
   45  would otherwise be paid to the person elected to the state,
   46  county, municipal, or special district office when that person
   47  owes a debt or fine to the state. The withheld salary payment
   48  shall be remitted to the agency that is owed the debt or fine
   49  until the entire amount owed is satisfied.
   50         (3) The Chief Financial Officer or the governing body of a
   51  county, municipality, or special district may retain up to 2
   52  percent of each payment made in order to cover the
   53  administrative costs incurred under this section.
   54         Section 3. This act shall take effect July 1, 2013.