Florida Senate - 2025                                    SB 1760
       
       
        
       By Senator Grall
       
       
       
       
       
       29-01046A-25                                          20251760__
    1                        A bill to be entitled                      
    2         An act relating to public officers and employees;
    3         creating s. 20.70, F.S.; requiring certain public
    4         officers and employees to be United States citizens
    5         and residents of this state, and, for specified public
    6         officers and employees, to reside in a certain county;
    7         creating s. 112.31251, F.S.; defining the term
    8         “office” for purposes of s. 5(a), Art. II of the State
    9         Constitution; defining the term “employment”;
   10         providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 20.70, Florida Statutes, is created to
   15  read:
   16         20.70Residency requirements.—Notwithstanding any other
   17  law:
   18         (1)All of the following persons must be United States
   19  citizens and residents of this state:
   20         (a)A member of a commission.
   21         (b)A member of a board of trustees.
   22         (c)A member of the Board of Governors.
   23         (d)A member of a licensing board.
   24         (e)A member of a governing board or the chief executive of
   25  a statewide entity that is explicitly created or established by
   26  statute, regardless of its legal form, for a public purpose or
   27  to effectuate a government program and which is not under the
   28  direct control of a governmental entity.
   29         (f)Any other person appointed to hold state office.
   30         (2)All of the following persons must be United States
   31  citizens, be residents of this state, and reside in the same
   32  county as their respective departments’ headquarters:
   33         (a)The secretary of a department.
   34         (b)The executive director of a department of the executive
   35  branch.
   36         (c)The chief administrative officer of any unit of state
   37  government that is housed under a department for administrative
   38  purposes but is not subject to the control, supervision, or
   39  direction of such department.
   40         Section 2. Section 112.31251, Florida Statutes, is created
   41  to read:
   42         112.31251Definition of the term “office.”—
   43         (1)(a)For purposes of s. 5(a), Art. II of the State
   44  Constitution, the term “office,” when referring to an office in
   45  this state, means any position in state, county, or municipal
   46  government that:
   47         1.Delegates to the individual holding such position a
   48  portion of the sovereign power of the government.
   49         2.Requires the exercise of independent governmental
   50  authority, which is performed in an official capacity and is not
   51  based solely on a contractual or employment relationship.
   52         3.Has a prescribed tenure.
   53         4.Exists independently of the individual holding such
   54  position.
   55         (b)The term includes, but is not limited to, all of the
   56  following positions:
   57         1.The Governor.
   58         2.The Lieutenant Governor.
   59         3.A member of the Cabinet.
   60         4.A state senator.
   61         5.A state representative.
   62         6.A county commissioner.
   63         7.A sheriff.
   64         8.A tax collector.
   65         9.A property appraiser.
   66         10.A supervisor of elections.
   67         11.A clerk of the circuit court.
   68         12.A member of the Board of Governors of the State
   69  University System.
   70         13.A member of a board of trustees for a state university.
   71         14.A member of a district school board.
   72         15.A county or municipal administrator.
   73         16.A county or municipal attorney.
   74         17.The director of a county or municipal emergency
   75  management agency.
   76         18.A member of a state, county, or municipal board or
   77  commission that exercises governmental authority and is not
   78  purely advisory in nature.
   79         19.A member of the board of the Citizens Property
   80  Insurance Corporation established under s. 627.351(6).
   81         20.A member of the board of the Florida Housing Finance
   82  Corporation established under s. 420.504.
   83         21.A member of the board of the Florida Healthy Kids
   84  Corporation established under s. 624.91.
   85         (2)The term “office” does not include either of the
   86  following:
   87         (a)A legislative designation of an officer to perform ex
   88  officio the functions of another office; or
   89         (b)The position of an individual whose relationship with a
   90  state, county, or municipal government is considered employment.
   91  For purposes of this subsection, the term “employment” means a
   92  relationship with a state, county, or municipal government where
   93  an individual does not exercise in his or her own right any
   94  sovereign power or any prescribed independent authority of a
   95  governmental nature.
   96         Section 3. This act shall take effect July 1, 2025.