Florida Senate - 2025 SB 1260
By Senator Yarborough
4-01786-25 20251260__
1 A bill to be entitled
2 An act relating to county constitutional officer
3 budget processes; amending s. 129.201, F.S.;
4 authorizing a supervisor of elections to file a budget
5 appeal to the Administration Commission in a specified
6 manner; requiring the Executive Office of the Governor
7 to conduct a budget hearing in a specified manner and
8 make findings and recommendations to the
9 Administration Commission; requiring the commission to
10 take specified actions relating to the budget;
11 amending s. 218.35, F.S.; authorizing specified
12 commissions to take certain actions relating to the
13 proposed budget of the clerk of the circuit court;
14 requiring such commissions to provide a certain
15 notice; authorizing a clerk of the circuit court to
16 file a budget appeal in a specified manner; requiring
17 the Executive Office of the Governor to conduct a
18 budget hearing in a specified manner and make findings
19 and recommendations to the Administration Commission;
20 requiring the commission to take specified actions
21 relating to the budget; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsection (4) of section 129.201, Florida
26 Statutes, is amended to read:
27 129.201 Budget of supervisor of elections; manner and time
28 of preparation and presentation.—
29 (4) The board or commission, as appropriate, may require
30 the supervisor of elections to correct mathematical, mechanical,
31 factual, and clerical errors and errors of form in the proposed
32 budget. At the hearings held pursuant to s. 200.065, the board
33 or commission may amend, modify, increase, or reduce any or all
34 items of expenditure in the proposed budget as submitted under
35 subsections (1) and (2); and, as amended, modified, increased,
36 or reduced, such budget shall be approved by the board or
37 commission, which must provide written notice of its action to
38 specific items amended, modified, increased, or reduced.
39 (a) The supervisor of elections, within 30 days after
40 receiving written notice of such action by the board or
41 commission, in person or in his or her office, may file an
42 appeal by petition to the Administration Commission. The
43 petition must set forth the budget proposed by the supervisor of
44 elections, in the form and manner prescribed by the Executive
45 Office of the Governor and approved by the Administration
46 Commission, and the budget as approved by the board of county
47 commissioners or the budget commission and shall contain the
48 reasons or grounds for the appeal. Such petition shall be filed
49 with the Executive Office of the Governor, and a copy served
50 upon the board or commission from the decision of which appeal
51 is taken by delivering the same to the chair or president
52 thereof or to the clerk of the circuit court.
53 (b) The board or commission shall have 5 days following
54 delivery of a copy of such petition to file a reply with the
55 Executive Office of the Governor, and shall deliver a copy of
56 such reply to the supervisor of elections.
57 (c) Upon receipt of the petition, the Executive Office of
58 the Governor shall provide for a budget hearing at which the
59 matters presented in the petition and the reply shall be
60 considered. A report of the findings and recommendations of the
61 Executive Office of the Governor thereon shall be promptly
62 submitted to the Administration Commission, which, within 30
63 days, shall either approve the action of the board or commission
64 as to each separate item, or approve the budget as proposed by
65 the supervisor of elections as to each separate item, or amend
66 or modify the budget as to each separate item within the limits
67 of the proposed board of expenditures and the expenditures as
68 approved by the board of county commissioners or the budget
69 commission, as the case may be. The budget as approved, amended,
70 or modified by the Administration Commission shall be final.
71 Section 2. Present subsections (4), (5), and (6) of section
72 218.35, Florida Statutes, are redesignated as subsections (5),
73 (6), and (7), respectively, and a new subsection (4) is added to
74 that section, to read:
75 218.35 County fee officers; financial matters.—
76 (4) The board or commission, as appropriate, may require
77 the clerk of the circuit court to correct mathematical,
78 mechanical, factual, and clerical errors and errors of form in
79 the proposed budget. At the hearings held pursuant to s.
80 200.065, the board or commission may amend, modify, increase, or
81 reduce any or all items of expenditure in the proposed budget as
82 submitted under paragraph (2)(b); and, as amended, modified,
83 increased, or reduced, such budget shall be approved by the
84 board or commission, which must provide written notice of its
85 action to specific items amended, modified, increased, or
86 reduced.
87 (a) The clerk of the circuit court, within 30 days after
88 receiving written notice of such action by the board or
89 commission, in person or in his or her office, may file an
90 appeal by petition to the Administration Commission. The
91 petition must set forth the budget proposed by the clerk of the
92 circuit court, in the form and manner prescribed by the
93 Executive Office of the Governor and approved by the
94 Administration Commission, and the budget as approved by the
95 board of county commissioners or the budget commission and shall
96 contain the reasons or grounds for the appeal. Such petition
97 shall be filed with the Executive Office of the Governor, and a
98 copy served upon the board or commission from the decision of
99 which appeal is taken by delivering the same to the chair or
100 president thereof.
101 (b) The board or commission shall have 5 days following
102 delivery of a copy of such petition to file a reply with the
103 Executive Office of the Governor, and shall deliver a copy of
104 such reply to the clerk of the circuit court.
105 (c) Upon receipt of the petition, the Executive Office of
106 the Governor shall provide for a budget hearing at which the
107 matters presented in the petition and the reply shall be
108 considered. A report of the findings and recommendations of the
109 Executive Office of the Governor thereon shall be promptly
110 submitted to the Administration Commission, which, within 30
111 days, shall either approve the action of the board or commission
112 as to each separate item, or approve the budget as proposed by
113 the clerk of the circuit court as to each separate item, or
114 amend or modify the budget as to each separate item within the
115 limits of the proposed board of expenditures and the
116 expenditures as approved by the board of county commissioners or
117 the budget commission, as the case may be. The budget as
118 approved, amended, or modified by the Administration Commission
119 shall be final.
120 Section 3. This act shall take effect July 1, 2025.