Florida Senate - 2025 CS for CS for SB 1760
By the Committee on Rules; the Appropriations Committee on
Agriculture, Environment, and General Government; and Senator
Grall
595-03800-25 20251760c2
1 A bill to be entitled
2 An act relating to public officers and employees;
3 creating s. 20.71, F.S.; requiring that, beginning on
4 a specified date, secretaries and executive directors
5 of departments, chief administrative officers of
6 certain units of state government, members of
7 commissions and licensing boards, chairs of governing
8 boards or certain chief executives of certain
9 statewide entities, or any persons appointed to hold
10 state office in the executive branch of state
11 government be United States citizens and residents of
12 this state; providing that a specified provision
13 applies to each such office; requiring that, beginning
14 on a specified date, members of the board of trustees
15 for state universities be United States citizens and
16 residents of this state or graduates of the state
17 university that the board oversees; requiring that,
18 beginning on a specified date, members of the Board of
19 Governors of the State University System be United
20 States citizens and either residents of this state or
21 have graduated from a state university; providing that
22 if any such requirements are not met, the office is
23 deemed vacant; amending s. 104.31, F.S.; revising
24 construction of provisions relating to political
25 activities of state, county, and municipal officers
26 and employees; amending s. 110.233, F.S.; prohibiting
27 career service employees from using the influence of
28 their positions for specified purposes; amending s.
29 112.061, F.S.; prohibiting the authorization or
30 approval of reimbursements for travel expenses to and
31 from the person’s residence and his or her
32 headquarters for specified positions; defining the
33 term “residence”; requiring that the official
34 headquarters for specified positions be the city or
35 town in which the department’s official headquarters
36 is located; prohibiting persons serving in specified
37 positions from being reimbursed for certain travel
38 expenses; creating s. 112.31251, F.S.; defining the
39 term “office” for purposes of s. 5(a), Art. II of the
40 State Constitution; defining the term “employment”;
41 providing an effective date.
42
43 Be It Enacted by the Legislature of the State of Florida:
44
45 Section 1. Section 20.71, Florida Statutes, is created to
46 read:
47 20.71 Residency requirements.—Notwithstanding any other
48 law:
49 (1)(a) Effective October 1, 2025, each of the following
50 persons must be a United States citizen and a resident of this
51 state:
52 1. The secretary of a department.
53 2. The executive director of a department.
54 3. The chief administrative officer of any unit of state
55 government which is housed under a department for administrative
56 purposes but is not subject to the control, supervision, or
57 direction of such department.
58 4. A member of a commission.
59 5. A member of a licensing board.
60 6. The chair of the governing board, or the chief
61 executive, of a statewide entity that is explicitly created or
62 established by statute, regardless of its legal form, for a
63 public purpose or to carry out a government program and that is
64 not under the direct control of a governmental entity.
65 7. Any other person appointed to hold state office in the
66 executive branch of state government.
67 (b) Section 114.01 applies to each office described in
68 paragraph (a).
69 (2) Effective January 6, 2027, each member of a state
70 university board of trustees must be a United States citizen and
71 either a resident of this state or a graduate of the state
72 university, the administration of which is overseen by such
73 board of trustees. If any member of a state university board of
74 trustees does not meet the requirements of this subsection, such
75 member’s office is automatically deemed vacant.
76 (3) Effective January 6, 2027, each member of the Board of
77 Governors must be a United States citizen and either a resident
78 of this state or a graduate of a state university as defined in
79 s. 1000.21. If any member of the Board of Governors does not
80 meet the requirements of this subsection, such member’s office
81 is automatically deemed vacant.
82 Section 2. Subsections (1) and (2) of section 104.31,
83 Florida Statutes, are amended to read:
84 104.31 Political activities of state, county, and municipal
85 officers and employees.—
86 (1) No officer or employee of the state, or of any county
87 or municipality thereof, except as hereinafter exempted from
88 provisions hereof, shall:
89 (a) Use his or her official authority or influence for the
90 purpose of interfering with an election or a nomination of
91 office or coercing or influencing another person’s vote or
92 affecting the result thereof.
93 (b) Directly or indirectly coerce or attempt to coerce,
94 command, or advise any other officer or employee to pay, lend,
95 or contribute any part of his or her salary, or any money, or
96 anything else of value to any party, committee, organization,
97 agency, or person for political purposes. Nothing in this
98 paragraph or in any county or municipal charter or ordinance
99 shall prohibit an employee from suggesting to another employee
100 in a noncoercive manner that he or she may voluntarily
101 contribute to a fund which is administered by a party,
102 committee, organization, agency, person, labor union or other
103 employee organization for political purposes.
104 (c) Directly or indirectly coerce or attempt to coerce,
105 command, and advise any such officer or employee as to where he
106 or she might purchase commodities or to interfere in any other
107 way with the personal right of said officer or employee.
108
109 The provisions of this section may shall not be construed so as
110 to prevent any person from becoming a candidate for and actively
111 campaigning for any elective office in this state. All such
112 persons shall retain the right to vote as they may choose and to
113 express their opinions on all political subjects and candidates.
114 The provisions of paragraph (a) may shall not be construed so as
115 to limit the political activity in a general, special, primary,
116 bond, referendum, or other election of any kind or nature, of
117 elected officials or candidates for public office in the state
118 or of any county or municipality thereof; and the provisions of
119 paragraph (a) shall not be construed so as to limit the
120 political activity in general or special elections of the
121 officials appointed as the heads or directors of state
122 administrative agencies, boards, commissions, or committees or
123 of the members of state boards, commissions, or committees,
124 whether they be salaried, nonsalaried, or reimbursed for
125 expense. In the event of a dual capacity of any member of a
126 state board, commission, or committee, any restrictive
127 provisions applicable to either capacity shall apply. The
128 provisions of paragraph (a) shall not be construed so as to
129 limit the political activity in a general, special, primary,
130 bond, referendum, or other election of any kind or nature of the
131 Governor, the elected members of the Governor’s Cabinet, or the
132 members of the Legislature. The provisions of paragraphs (b) and
133 (c) shall apply to all officers and employees of the state or of
134 any county or municipality thereof, whether elected, appointed,
135 or otherwise employed, or whether the activity shall be in
136 connection with a primary, general, special, bond, referendum,
137 or other election of any kind or nature.
138 (2) An employee of the state or any political subdivision
139 may not participate in any political campaign for an elective
140 office while on duty.
141 Section 3. Paragraph (b) of subsection (4) of section
142 110.233, Florida Statutes, is amended to read:
143 110.233 Political activities and unlawful acts prohibited.—
144 (4) As an individual, each employee retains all rights and
145 obligations of citizenship provided in the Constitution and laws
146 of the state and the Constitution and laws of the United States.
147 However, no employee in the career service shall:
148 (b) Use the authority or influence of his or her position
149 for any of the purposes described in s. 104.31 to secure support
150 for, or oppose, any candidate, party, or issue in a partisan
151 election or affect the results thereof.
152 Section 4. Subsection (4) of section 112.061, Florida
153 Statutes, is amended, and paragraph (j) is added to subsection
154 (3) of that section, to read:
155 112.061 Per diem and travel expenses of public officers,
156 employees, and authorized persons; statewide travel management
157 system.—
158 (3) AUTHORITY TO INCUR TRAVEL EXPENSES.—
159 (j) Reimbursement of transportation expenses as provided in
160 subsection (7) may not be authorized or approved for travel of a
161 person serving in a position described in s. 20.71(1)(a)1., 2.,
162 or 3. between the person’s residence and his or her official
163 headquarters. Per diem and subsistence allowances as provided in
164 subsection (6) may not be authorized or approved for a person
165 serving in a position described in s. 20.71(1)(a)1., 2., or 3.
166 when that person remains overnight in the person’s county of
167 residence. For the purposes of this section, the term
168 “residence” means the dwelling in which the person permanently
169 resides.
170 (4) OFFICIAL HEADQUARTERS.—The official headquarters of a
171 person serving in a position described in s. 20.71(1)(a)1., 2.,
172 or 3. must be the city or town in which the department’s
173 official headquarters is located, and the official headquarters
174 of any other an officer or employee assigned to an office must
175 shall be the city or town in which the office is located except
176 that:
177 (a) The official headquarters of a person located in the
178 field must shall be the city or town nearest to the area where
179 the majority of the person’s work is performed, or such other
180 city, town, or area as may be designated by the agency head
181 provided that in all cases such designation must be in the best
182 interests of the agency and not for the convenience of the
183 person.
184 (b) When any state employee is stationed in any city or
185 town for a period of more than over 30 continuous workdays, such
186 city or town must shall be deemed to be the employee’s official
187 headquarters, and he or she may shall not be allowed per diem or
188 subsistence, as provided in this section, after such the said
189 period of 30 continuous workdays has elapsed, unless this period
190 of time is extended by the express approval of the agency head
191 or his or her designee.
192 (c) A traveler may leave his or her assigned post to return
193 to his or her residence home overnight, over a weekend, or
194 during a holiday, but any time lost from regular duties must
195 shall be taken as annual leave and authorized in the usual
196 manner. The traveler may shall not be reimbursed for travel
197 expenses in excess of the established rate for per diem
198 allowable had he or she remained at his or her assigned post. A
199 person serving in a position described in s. 20.71(1)(a)1., 2.,
200 or 3. may not be reimbursed for travel expenses for travel
201 between the person’s assigned post and residence. However, when
202 a traveler has been temporarily assigned away from his or her
203 official headquarters for an approved period extending beyond 30
204 days, he or she is shall be entitled to reimbursement for travel
205 expenses at the established rate of one round trip for each 30
206 day period actually taken to his or her residence home in
207 addition to pay and allowances otherwise provided.
208 (d) A Lieutenant Governor who permanently resides outside
209 of Leon County, may, if he or she so requests, have an
210 appropriate facility in his or her county designated as his or
211 her official headquarters for purposes of this section. This
212 official headquarters may only serve as the Lieutenant
213 Governor’s personal office. The Lieutenant Governor may not use
214 state funds to lease space in any facility for his or her
215 official headquarters.
216 1. A Lieutenant Governor for whom an official headquarters
217 is established in his or her county of residence pursuant to
218 this paragraph is eligible for subsistence at a rate to be
219 established by the Governor for each day or partial day that the
220 Lieutenant Governor is at the State Capitol to conduct official
221 state business. In addition to the subsistence allowance, a
222 Lieutenant Governor is eligible for reimbursement for
223 transportation expenses as provided in subsection (7) for travel
224 between the Lieutenant Governor’s official headquarters and the
225 State Capitol to conduct state business.
226 2. Payment of subsistence and reimbursement for
227 transportation between a Lieutenant Governor’s official
228 headquarters and the State Capitol shall be made to the extent
229 appropriated funds are available, as determined by the Governor.
230 3. This paragraph expires July 1, 2025.
231 Section 5. Section 112.31251, Florida Statutes, is created
232 to read:
233 112.31251 Definition of the term “office.”—
234 (1)(a) For purposes of s. 5(a), Art. II of the State
235 Constitution, the term “office,” when referring to an office in
236 this state, means any position in state, county, or municipal
237 government which all of the following apply:
238 1. Delegates to the individual holding such position a
239 portion of the sovereign power of the government.
240 2. Requires the exercise of independent governmental
241 authority, which is performed in an official capacity and is not
242 based solely on a contractual or employment relationship.
243 3. Has a prescribed tenure.
244 4. Exists independently of the individual holding such
245 position.
246 (b) The term “office” includes, but is not limited to, each
247 of the following positions:
248 1. The Governor.
249 2. The Lieutenant Governor.
250 3. A member of the Cabinet.
251 4. A state senator.
252 5. A state representative.
253 6. A county commissioner.
254 7. A sheriff.
255 8. A tax collector.
256 9. A property appraiser.
257 10. A supervisor of elections.
258 11. A clerk of the circuit court.
259 12. A member of the Board of Governors of the State
260 University System.
261 13. A member of a board of trustees for a state university.
262 14. A member of a district school board.
263 15. A member of a state, county, or municipal board or
264 commission that exercises governmental authority and is not
265 purely advisory in nature.
266 16. A member of the Board of Governors for the Citizens
267 Property Insurance Corporation established under s. 627.351(6).
268 17. A member of the board of directors for the Florida
269 Housing Finance Corporation established under s. 420.504.
270 18. A member of the board of directors for the Florida
271 Healthy Kids Corporation established under s. 624.91, other than
272 the member appointed pursuant to s. 624.91(6)(a)9.
273 19. An administrator or a manager of a county, a
274 municipality, or a corporation established under s. 420.504, s.
275 s. 624.91, or s. 627.351(6) who exercises in his or her own
276 right any sovereign power or any prescribed independent
277 authority of a governmental nature.
278 20. The director of a county or municipal emergency
279 management agency who exercises in his or her own right any
280 sovereign power or any prescribed independent authority of a
281 governmental nature.
282 21. A state, county, or municipal law enforcement officer
283 with the authority to arrest without a warrant.
284 22. Any position that meets all the criteria enumerated in
285 paragraph (a).
286 (2) The term “office” does not include either of the
287 following:
288 (a) A legislative designation of an officer to perform ex
289 officio the functions of another office; or
290 (b) The position of an individual whose relationship with a
291 state, county, or municipal government is considered employment.
292 For purposes of this paragraph, the term “employment” means a
293 relationship with a state, county, or municipal government where
294 an individual does not exercise in his or her own right any
295 sovereign power or any prescribed independent authority of a
296 governmental nature.
297 Section 6. This act shall take effect July 1, 2025.