Florida Senate - 2023                              CS for SB 696
       
       
        
       By the Committee on Community Affairs; and Senator Ingoglia
       
       
       
       
       
       578-02926-23                                           2023696c1
    1                        A bill to be entitled                      
    2         An act relating to local officials; amending s.
    3         125.73, F.S.; prohibiting the governing body of a
    4         county from renewing or extending the employment
    5         contract of a county administrator during a specified
    6         timeframe; providing an exception; defining the term
    7         “governmental entity”; creating s. 125.75, F.S.;
    8         prohibiting the governing body of a county from
    9         renewing or extending the employment contract of a
   10         county general counsel during a specified timeframe;
   11         providing an exception; defining the term
   12         “governmental entity”; amending s. 166.021, F.S.;
   13         prohibiting the governing body of a municipality from
   14         renewing or extending the employment contract of a
   15         chief executive officer or municipal general counsel
   16         during a specified timeframe; providing exceptions;
   17         defining the term “governmental entity”; amending s.
   18         1001.50, F.S.; prohibiting a district school board
   19         from renewing or extending the employment contract of
   20         a superintendent during a specified timeframe;
   21         providing an exception; defining the term
   22         “governmental entity”; creating s. 1012.336, F.S.;
   23         prohibiting a district school board from renewing or
   24         extending the employment contract of a district school
   25         board general counsel during a specified timeframe;
   26         providing an exception; defining the term
   27         “governmental entity”; amending s. 112.061, F.S.;
   28         conforming cross-references; providing an effective
   29         date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Subsection (5) is added to section 125.73,
   34  Florida Statutes, to read:
   35         125.73 County administrator; appointment, qualifications,
   36  compensation.—
   37         (5)The governing body of a county may not renew or extend
   38  the employment contract of a county administrator within the 8
   39  months before a general election for county mayor, if
   40  applicable, or for members of the governing body of the county;
   41  however, the governing body of a county may do so if the county
   42  administrator presents the governing body with a bona fide
   43  written offer of employment from another governmental entity as
   44  defined in s. 287.012(14).
   45         Section 2. Section 125.75, Florida Statutes, is created to
   46  read:
   47         125.75 County general counsel contract.—The governing body
   48  of a county may not renew or extend the contract of a county
   49  general counsel within the 8 months before a general election
   50  for county mayor, if applicable, or for members of the governing
   51  body of the county; however, the governing body of a county may
   52  do so if the county general counsel presents the governing body
   53  with a bona fide written offer of employment from another
   54  governmental entity as defined in s. 287.012(14).
   55         Section 3. Present subsection (9) of section 166.021,
   56  Florida Statutes, is redesignated as subsection (10), and a new
   57  subsection (9) is added to that section, to read:
   58         166.021 Powers.—
   59         (9)(a)The governing body of a municipality may not renew
   60  or extend the employment contract of a chief executive officer
   61  of the municipality within the 8 months before a general
   62  election for the municipal mayor or for members of the governing
   63  body of the municipality; however, the governing body of a
   64  municipality may do so if the chief executive officer of the
   65  municipality presents the governing body with a bona fide
   66  written offer of employment from another governmental entity as
   67  defined in s. 287.012(14).
   68         (b)The governing body of a municipality may not renew or
   69  extend the employment contract of a municipal general counsel
   70  within the 8 months before a general election for the municipal
   71  mayor or for members of the governing body of the municipality;
   72  however, the governing body of a municipality may do so if the
   73  municipal general counsel presents the governing body with a
   74  bona fide written offer of employment from another governmental
   75  entity as defined in s. 287.012(14).
   76         Section 4. Subsection (2) of section 1001.50, Florida
   77  Statutes, is amended to read:
   78         1001.50 Superintendents employed under Art. IX of the State
   79  Constitution.—
   80         (2) Each district school board shall enter into an
   81  employment contract with the district school superintendent and
   82  shall adopt rules relating to his or her appointment; however,
   83  if the employment contract contains a provision for severance
   84  pay, it must include the provisions required by s. 215.425. The
   85  district school board may not renew or extend the employment
   86  contract of a superintendent within the 8 months before a
   87  general election for district school board members; however, the
   88  district school board may do so if the superintendent presents
   89  the district school board with a bona fide written offer of
   90  employment from another governmental entity as defined in s.
   91  287.012(14).
   92         Section 5. Section 1012.336, Florida Statutes, is created
   93  to read:
   94         1012.336 Contracts with district school board general
   95  counsels.—A district school board may not renew or extend the
   96  employment contract of a district school board general counsel
   97  within the 8 months before a general election for district
   98  school board members; however, a district school board may do so
   99  if the district school board general counsel presents the
  100  district school board with a bona fide written offer of
  101  employment from another governmental entity as defined in s.
  102  287.012(14).
  103         Section 6. Paragraphs (a) and (c) of subsection (14) of
  104  section 112.061, Florida Statutes, are amended to read:
  105         112.061 Per diem and travel expenses of public officers,
  106  employees, and authorized persons; statewide travel management
  107  system.—
  108         (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
  109  SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
  110  ORGANIZATIONS.—
  111         (a) The following entities may establish rates that vary
  112  from the per diem rate provided in paragraph (6)(a), the
  113  subsistence rates provided in paragraph (6)(b), or the mileage
  114  rate provided in paragraph (7)(d) if those rates are not less
  115  than the statutorily established rates that are in effect for
  116  the 2005-2006 fiscal year:
  117         1. The governing body of a county by the enactment of an
  118  ordinance or resolution;
  119         2. A county constitutional officer, pursuant to s. 1(d),
  120  Art. VIII of the State Constitution, by the establishment of
  121  written policy;
  122         3. The governing body of a district school board by the
  123  adoption of rules;
  124         4. The governing body of a special district, as defined in
  125  s. 189.012, except those special districts that are subject to
  126  s. 166.021(10) s. 166.021(9), by the enactment of a resolution;
  127  or
  128         5. Any metropolitan planning organization created pursuant
  129  to s. 339.175 or any other separate legal or administrative
  130  entity created pursuant to s. 339.175 of which a metropolitan
  131  planning organization is a member, by the enactment of a
  132  resolution.
  133         (c) Except as otherwise provided in this subsection,
  134  counties, county constitutional officers and entities governed
  135  by those officers, district school boards, special districts,
  136  and metropolitan planning organizations, other than those
  137  subject to s. 166.021(10) s. 166.021(9), remain subject to the
  138  requirements of this section.
  139         Section 7. This act shall take effect July 1, 2023.