Florida Senate - 2025                                    SB 1762
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-01402A-25                                          20251762__
    1                        A bill to be entitled                      
    2         An act relating to local government salaries and
    3         benefits; amending s. 145.012, F.S.; revising
    4         applicability; amending s. 145.031, F.S.; requiring
    5         the use of the county population on a specified date
    6         to calculate the group rate element of the salary
    7         formula applicable to county commissioners of
    8         noncharter counties beginning on a specified date;
    9         providing that the salaries of members of the
   10         governing body of a chartered or consolidated county
   11         government shall be provided in the county charter or
   12         as set by ordinance by a specified date; amending s.
   13         145.19, F.S.; providing procedures for calculating
   14         salary adjustments for members of boards of county
   15         commissioners of certain counties; creating s. 145.20,
   16         F.S.; requiring a referendum for a board of county
   17         commissioners to increase the salary, retirement
   18         benefits, or other compensation paid to its members;
   19         requiring referendum election costs to be paid by the
   20         county; providing applicability; amending s. 166.021,
   21         F.S.; requiring a referendum for the governing body of
   22         a municipality to increase the salary, retirement
   23         benefits, or other compensation paid to its members;
   24         requiring referendum election costs to be paid by the
   25         municipality; providing applicability; creating s.
   26         189.0165, F.S.; requiring a referendum for the
   27         governing body of a special district to increase the
   28         salary, retirement benefits, or other compensation
   29         paid to its members; requiring the referendum election
   30         costs to be paid by the special district; providing
   31         applicability; providing construction; providing an
   32         effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Section 145.012, Florida Statutes, is amended to
   37  read:
   38         145.012 Applicability.—This chapter applies to all
   39  officials herein designated in all counties of the state, except
   40  those officials whose salaries are not subject to being set by
   41  the Legislature because of the provisions of a county home rule
   42  charter and except officials (other than the property appraiser,
   43  clerk of the circuit court, superintendent of schools, sheriff,
   44  supervisor of elections, and tax collector who if qualified
   45  shall receive in addition to their salaries a special
   46  qualification salary as provided in this chapter) of counties
   47  which have a chartered consolidated form of government as
   48  provided in chapter 67-1320, Laws of Florida.
   49         Section 2. Section 145.031, Florida Statutes, is amended to
   50  read:
   51         145.031 Board of county commissioners.—
   52         (1)(a) Each member of the board of county commissioners of
   53  a noncharter county shall receive as salary the amount
   54  indicated, based on the population of his or her county. In
   55  addition, compensation shall be made for population increments
   56  over the minimum for each population group, which shall be
   57  determined by multiplying the population in excess of the
   58  minimum for the grouping times the group rate.
   59  
   60  
   61  Pop. Group    County Pop. Range       Base Salary  Group Rate
   62                              Minimum      Maximum              
   63  I                            -0-      9,999     $4,500  $0.150
   64  II                        10,000      49,999      6,000  0.075
   65  III                       50,000      99,999      9,000  0.060
   66  IV                       100,000     199,999     12,000  0.045
   67  V                        200,000     399,999     16,500  0.015
   68  VI                       400,000     999,999     19,500  0.005
   69  VII                    1,000,000                 22,500  0.000
   70         (b)Effective October 1, 2025, the population of the county
   71  as of April 1, 2025, shall be used to calculate the group rate
   72  under this subsection.
   73         (2) Each No member of a governing body of a chartered
   74  county or a county with a consolidated form of government shall
   75  receive as salary the amount provided in the county charter. If
   76  a county charter authorizes the governing body to set its salary
   77  by ordinance, each member of the governing body shall receive as
   78  salary the amount provided by an ordinance adopted on or before
   79  April 1, 2025 be deemed to be the equivalent of a county
   80  commissioner for the purposes of determining the compensation of
   81  such member under his or her respective charter.
   82         (3) Notwithstanding the provisions of this section or s.
   83  145.19, each member of the board of county commissioners may
   84  reduce his or her salary rate on a voluntary basis.
   85         Section 3. Subsection (2) of section 145.19, Florida
   86  Statutes, is amended, and subsection (3) is added to that
   87  section, to read:
   88         145.19 Annual percentage increases based on increase for
   89  state career service employees; limitation; exception.—
   90         (2) Each fiscal year, the salaries of all officials listed
   91  in this chapter, s. 1001.395, and s. 1001.47, except members of
   92  boards of county commissioners, shall be adjusted. The adjusted
   93  salary rate shall be the product, rounded to the nearest dollar,
   94  of the salary rate granted by the appropriate section of this
   95  chapter, s. 1001.395, or s. 1001.47 multiplied first by the
   96  initial factor, then by the cumulative annual factor, and
   97  finally by the annual factor. The Department of Management
   98  Services shall certify the annual factor and the cumulative
   99  annual factors. Any special qualification salary received under
  100  this chapter, s. 1001.47, or the annual performance salary
  101  incentive available to elected superintendents under s. 1001.47
  102  shall be added to such adjusted salary rate. The special
  103  qualification salary shall be $2,000, but may shall not exceed
  104  $2,000.
  105         (3)The salary adjustment for each member of a board of
  106  county commissioners of a noncharter county or a charter county
  107  that has adopted the salary rate for noncharter counties by
  108  charter or ordinance shall be calculated as provided in
  109  subsection (2) until September 30, 2025. As of October 1, 2025,
  110  any future adjustment shall be made only as provided in s.
  111  145.20.
  112         Section 4. Section 145.20, Florida Statutes, is created to
  113  read:
  114         145.20Referendum to increase salary, retirement benefits,
  115  or other compensation.—
  116         (1)A board of county commissioners may not increase the
  117  salary, any retirement benefit, or any other type of
  118  compensation paid to its members unless such increase is
  119  approved by a majority of the electors of the county voting in a
  120  referendum held at a general election during a presidential
  121  election year. The election costs of the referendum shall be
  122  paid by the county.
  123         (2)This section does not apply to any increase in a
  124  retirement benefit received as part of the governing body’s
  125  participation in the Florida Retirement System.
  126         Section 5. Subsection (10) is added to section 166.021,
  127  Florida Statutes, to read:
  128         166.021 Powers.—
  129         (10)(a)The governing body of a municipality may not
  130  increase the salary, any retirement benefit, or any other type
  131  of compensation paid to its members unless such increase is
  132  approved by a majority of the electors of the municipality
  133  voting in a referendum held at a general election during a
  134  presidential election year. The election costs of the referendum
  135  shall be paid by the municipality.
  136         (b)This subsection does not apply to any increase in a
  137  retirement benefit received as part of the governing body’s
  138  participation in the Florida Retirement System
  139         Section 6. Section 189.0165, Florida Statutes, is created
  140  to read:
  141         189.0165Special districts; compensation of members of
  142  governing body.—
  143         (1)Notwithstanding any other provision of law, the
  144  governing body of a special district may not increase the
  145  salary, any pension or other retirement benefit, or any other
  146  type of compensation paid to members of the governing of a
  147  special district unless such increase is approved by a majority
  148  of the electors of the special district voting in a referendum
  149  held at a general election during a presidential election year.
  150  The election costs of the referendum shall be paid by the
  151  special district.
  152         (2)This section does not apply to any increase in a
  153  retirement benefit received as part of the governing body’s
  154  participation in the Florida Retirement System.
  155         (3)This section does not authorize a referendum to
  156  increase the salary, any pension or retirement benefit, or any
  157  other type of compensation paid to members of the governing body
  158  of a special district if the special district’s charter
  159  prohibits such members from receiving compensation or benefits.
  160         Section 7. This act shall take effect October 1, 2025.