Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 1760
Ì512670ÈÎ512670
LEGISLATIVE ACTION
Senate . House
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The Committee on Rules (Grall) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 20.71, Florida Statutes, is created to
6 read:
7 20.71 Residency requirements.—Notwithstanding any other
8 law:
9 (1)(a) Effective October 1, 2025, each of the following
10 persons must be a United States citizen and a resident of this
11 state:
12 1. The secretary of a department.
13 2. The executive director of a department.
14 3. The chief administrative officer of any unit of state
15 government which is housed under a department for administrative
16 purposes but is not subject to the control, supervision, or
17 direction of such department.
18 4. A member of a commission.
19 5. A member of a licensing board.
20 6. The chair of the governing board, or the chief
21 executive, of a statewide entity that is explicitly created or
22 established by statute, regardless of its legal form, for a
23 public purpose or to carry out a government program and that is
24 not under the direct control of a governmental entity.
25 7. Any other person appointed to hold state office in the
26 executive branch of state government.
27 (b) Section 114.01 applies to each office described in
28 paragraph (a).
29 (2) Effective January 6, 2027, each member of a state
30 university board of trustees must be a United States citizen and
31 either a resident of this state or a graduate of the state
32 university, the administration of which is overseen by such
33 board of trustees. If any member of a state university board of
34 trustees does not meet the requirements of this subsection, such
35 member’s office is automatically deemed vacant.
36 (3) Effective January 6, 2027, each member of the Board of
37 Governors must be a United States citizen and either a resident
38 of this state or a graduate of a state university as defined in
39 s. 1000.21. If any member of the Board of Governors does not
40 meet the requirements of this subsection, such member’s office
41 is automatically deemed vacant.
42 Section 2. Subsections (1) and (2) of section 104.31,
43 Florida Statutes, are amended to read:
44 104.31 Political activities of state, county, and municipal
45 officers and employees.—
46 (1) No officer or employee of the state, or of any county
47 or municipality thereof, except as hereinafter exempted from
48 provisions hereof, shall:
49 (a) Use his or her official authority or influence for the
50 purpose of interfering with an election or a nomination of
51 office or coercing or influencing another person’s vote or
52 affecting the result thereof.
53 (b) Directly or indirectly coerce or attempt to coerce,
54 command, or advise any other officer or employee to pay, lend,
55 or contribute any part of his or her salary, or any money, or
56 anything else of value to any party, committee, organization,
57 agency, or person for political purposes. Nothing in this
58 paragraph or in any county or municipal charter or ordinance
59 shall prohibit an employee from suggesting to another employee
60 in a noncoercive manner that he or she may voluntarily
61 contribute to a fund which is administered by a party,
62 committee, organization, agency, person, labor union or other
63 employee organization for political purposes.
64 (c) Directly or indirectly coerce or attempt to coerce,
65 command, and advise any such officer or employee as to where he
66 or she might purchase commodities or to interfere in any other
67 way with the personal right of said officer or employee.
68
69 The provisions of this section may shall not be construed so as
70 to prevent any person from becoming a candidate for and actively
71 campaigning for any elective office in this state. All such
72 persons shall retain the right to vote as they may choose and to
73 express their opinions on all political subjects and candidates.
74 The provisions of paragraph (a) may shall not be construed so as
75 to limit the political activity in a general, special, primary,
76 bond, referendum, or other election of any kind or nature, of
77 elected officials or candidates for public office in the state
78 or of any county or municipality thereof; and the provisions of
79 paragraph (a) shall not be construed so as to limit the
80 political activity in general or special elections of the
81 officials appointed as the heads or directors of state
82 administrative agencies, boards, commissions, or committees or
83 of the members of state boards, commissions, or committees,
84 whether they be salaried, nonsalaried, or reimbursed for
85 expense. In the event of a dual capacity of any member of a
86 state board, commission, or committee, any restrictive
87 provisions applicable to either capacity shall apply. The
88 provisions of paragraph (a) shall not be construed so as to
89 limit the political activity in a general, special, primary,
90 bond, referendum, or other election of any kind or nature of the
91 Governor, the elected members of the Governor’s Cabinet, or the
92 members of the Legislature. The provisions of paragraphs (b) and
93 (c) shall apply to all officers and employees of the state or of
94 any county or municipality thereof, whether elected, appointed,
95 or otherwise employed, or whether the activity shall be in
96 connection with a primary, general, special, bond, referendum,
97 or other election of any kind or nature.
98 (2) An employee of the state or any political subdivision
99 may not participate in any political campaign for an elective
100 office while on duty.
101 Section 3. Paragraph (b) of subsection (4) of section
102 110.233, Florida Statutes, is amended to read:
103 110.233 Political activities and unlawful acts prohibited.—
104 (4) As an individual, each employee retains all rights and
105 obligations of citizenship provided in the Constitution and laws
106 of the state and the Constitution and laws of the United States.
107 However, no employee in the career service shall:
108 (b) Use the authority or influence of his or her position
109 for any of the purposes described in s. 104.31 to secure support
110 for, or oppose, any candidate, party, or issue in a partisan
111 election or affect the results thereof.
112 Section 4. Subsection (4) of section 112.061, Florida
113 Statutes, is amended, and paragraph (j) is added to subsection
114 (3) of that section, to read:
115 112.061 Per diem and travel expenses of public officers,
116 employees, and authorized persons; statewide travel management
117 system.—
118 (3) AUTHORITY TO INCUR TRAVEL EXPENSES.—
119 (j) Reimbursement of transportation expenses as provided in
120 subsection (7) may not be authorized or approved for travel of a
121 person serving in a position described in s. 20.71(1)(a)1., 2.,
122 or 3. between the person’s residence and his or her official
123 headquarters. Per diem and subsistence allowances as provided in
124 subsection (6) may not be authorized or approved for a person
125 serving in a position described in s. 20.71(1)(a)1., 2., or 3.
126 when that person remains overnight in the person’s county of
127 residence. For the purposes of this section, “residence” means
128 the dwelling in which the person permanently resides.
129 (4) OFFICIAL HEADQUARTERS.—The official headquarters of a
130 person serving in a position described in s. 20.71(1)(a)1., 2.,
131 or 3. must be the city or town in which the department’s
132 official headquarters is located, and the official headquarters
133 of any other an officer or employee assigned to an office must
134 shall be the city or town in which the office is located except
135 that:
136 (a) The official headquarters of a person located in the
137 field must shall be the city or town nearest to the area where
138 the majority of the person’s work is performed, or such other
139 city, town, or area as may be designated by the agency head
140 provided that in all cases such designation must be in the best
141 interests of the agency and not for the convenience of the
142 person.
143 (b) When any state employee is stationed in any city or
144 town for a period of more than over 30 continuous workdays, such
145 city or town must shall be deemed to be the employee’s official
146 headquarters, and he or she may shall not be allowed per diem or
147 subsistence, as provided in this section, after such the said
148 period of 30 continuous workdays has elapsed, unless this period
149 of time is extended by the express approval of the agency head
150 or his or her designee.
151 (c) A traveler may leave his or her assigned post to return
152 to his or her residence home overnight, over a weekend, or
153 during a holiday, but any time lost from regular duties must
154 shall be taken as annual leave and authorized in the usual
155 manner. The traveler may shall not be reimbursed for travel
156 expenses in excess of the established rate for per diem
157 allowable had he or she remained at his or her assigned post. A
158 person serving in a position described in s. 20.71(1)(a)1., 2.,
159 or 3. may not be reimbursed for travel expenses for travel
160 between the person’s assigned post and residence. However, when
161 a traveler has been temporarily assigned away from his or her
162 official headquarters for an approved period extending beyond 30
163 days, he or she is shall be entitled to reimbursement for travel
164 expenses at the established rate of one round trip for each 30
165 day period actually taken to his or her residence home in
166 addition to pay and allowances otherwise provided.
167 (d) A Lieutenant Governor who permanently resides outside
168 of Leon County, may, if he or she so requests, have an
169 appropriate facility in his or her county designated as his or
170 her official headquarters for purposes of this section. This
171 official headquarters may only serve as the Lieutenant
172 Governor’s personal office. The Lieutenant Governor may not use
173 state funds to lease space in any facility for his or her
174 official headquarters.
175 1. A Lieutenant Governor for whom an official headquarters
176 is established in his or her county of residence pursuant to
177 this paragraph is eligible for subsistence at a rate to be
178 established by the Governor for each day or partial day that the
179 Lieutenant Governor is at the State Capitol to conduct official
180 state business. In addition to the subsistence allowance, a
181 Lieutenant Governor is eligible for reimbursement for
182 transportation expenses as provided in subsection (7) for travel
183 between the Lieutenant Governor’s official headquarters and the
184 State Capitol to conduct state business.
185 2. Payment of subsistence and reimbursement for
186 transportation between a Lieutenant Governor’s official
187 headquarters and the State Capitol shall be made to the extent
188 appropriated funds are available, as determined by the Governor.
189 3. This paragraph expires July 1, 2025.
190 Section 5. Section 112.31251, Florida Statutes, is created
191 to read:
192 112.31251 Definition of the term “office.”—
193 (1)(a) For purposes of s. 5(a), Art. II of the State
194 Constitution, the term “office,” when referring to an office in
195 this state, means any position in state, county, or municipal
196 government which all of the following apply:
197 1. Delegates to the individual holding such position a
198 portion of the sovereign power of the government.
199 2. Requires the exercise of independent governmental
200 authority, which is performed in an official capacity and is not
201 based solely on a contractual or employment relationship.
202 3. Has a prescribed tenure.
203 4. Exists independently of the individual holding such
204 position.
205 (b) The term “office” includes, but is not limited to, each
206 of the following positions:
207 1. The Governor.
208 2. The Lieutenant Governor.
209 3. A member of the Cabinet.
210 4. A state senator.
211 5. A state representative.
212 6. A county commissioner.
213 7. A sheriff.
214 8. A tax collector.
215 9. A property appraiser.
216 10. A supervisor of elections.
217 11. A clerk of the circuit court.
218 12. A member of the Board of Governors of the State
219 University System.
220 13. A member of a board of trustees for a state university.
221 14. A member of a district school board.
222 15. A member of a state, county, or municipal board or
223 commission that exercises governmental authority and is not
224 purely advisory in nature.
225 16. A member of the Board of Governors for the Citizens
226 Property Insurance Corporation established under s. 627.351(6).
227 17. A member of the board of directors for the Florida
228 Housing Finance Corporation established under s. 420.504.
229 18. A member of the board of directors for the Florida
230 Healthy Kids Corporation established under s. 624.91, other than
231 the member appointed pursuant to s. 624.91(6)(a)9.
232 19. An administrator or a manager of a county, a
233 municipality, or a corporation established under s. 420.504, s.
234 s. 624.91, or s. 627.351(6) who exercises in his or her own
235 right any sovereign power or any prescribed independent
236 authority of a governmental nature.
237 20. The director of a county or municipal emergency
238 management agency who exercises in his or her own right any
239 sovereign power or any prescribed independent authority of a
240 governmental nature.
241 21. A state, county, or municipal law enforcement officer
242 with the authority to arrest without a warrant.
243 22. Any position that meets all the criteria enumerated in
244 paragraph (a).
245 (2) The term “office” does not include either of the
246 following:
247 (a) A legislative designation of an officer to perform ex
248 officio the functions of another office; or
249 (b) The position of an individual whose relationship with a
250 state, county, or municipal government is considered employment.
251 For purposes of this paragraph, the term “employment” means a
252 relationship with a state, county, or municipal government where
253 an individual does not exercise in his or her own right any
254 sovereign power or any prescribed independent authority of a
255 governmental nature.
256 Section 6. This act shall take effect July 1, 2025.
257
258 ================= T I T L E A M E N D M E N T ================
259 And the title is amended as follows:
260 Delete everything before the enacting clause
261 and insert:
262 A bill to be entitled
263 An act relating to public officers and employees;
264 creating s. 20.71, F.S.; requiring that, beginning on
265 a specified date, secretaries and executive directors
266 of departments, chief administrative officers of
267 certain units of state government, members of
268 commissions and licensing boards, chairs of governing
269 boards or certain chief executives of certain
270 statewide entities, or any persons appointed to hold
271 state office in the executive branch of state
272 government be United States citizens and residents of
273 this state; providing that a specified provision
274 applies to each such office; requiring that, beginning
275 on a specified date, members of the board of trustees
276 for state universities be United States citizens and
277 residents of this state or graduates of the state
278 university that the board oversees; requiring that,
279 beginning on a specified date, members of the Board of
280 Governors of the State University System be United
281 States citizens and either residents of this state or
282 have graduated from a state university; providing that
283 if any such requirements are not met, the office is
284 deemed vacant; amending s. 104.31, F.S.; revising
285 construction of provisions relating to political
286 activities of state, county, and municipal officers
287 and employees; amending s. 110.233, F.S.; prohibiting
288 career service employees from using the influence of
289 their positions for specified purposes; amending s.
290 112.061, F.S.; prohibiting the authorization or
291 approval of reimbursements for travel expenses to and
292 from the person’s residence and his or her
293 headquarters for specified positions; defining the
294 term “residence”; requiring that the official
295 headquarters for specified positions be the city or
296 town in which the department’s official headquarters
297 is located; prohibiting persons serving in specified
298 positions from being reimbursed for certain travel
299 expenses; creating s. 112.31251, F.S.; defining the
300 term “office” for purposes of s. 5(a), Art. II of the
301 State Constitution; defining the term “employment”;
302 providing an effective date.