THE BILL ITSELF
HB 593
Governmental Agencies and Personnel
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A bill to be entitled
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An act relating to governmental agencies and
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personnel; amending s. 45.062, F.S.; prohibiting a
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state agency or officer from directing funds offered
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to the state to a third party as a condition of
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settlement; requiring such agency or officer to
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provide written notification of the terms of the
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settlement to the Legislature and the Attorney General
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within a specified time; amending s. 104.31, F.S.;
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prohibiting a state, county, or municipal officer or
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employees from using his or her official authority or
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influence to solicit another person to make certain
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contributions; revising construction; amending s.
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112.061, F.S.; prohibiting the authorization or
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approval of reimbursements for travel expenses to and
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from a person's residence and his or her official
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headquarters for specified positions; prohibiting the
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authorization or approval of reimbursements for per
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diem and subsistence allowance for such person under a
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specified circumstance; defining the term "residence";
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requiring the official headquarters for specified
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positions be the city or town in which the
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department's official headquarters is located;
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prohibiting persons serving in specified positions
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from being reimbursed for certain travel expenses
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under a specified circumstance; removing expiration of
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specified provisions; creating s. 112.31251, F.S.;
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defining the term "office" for purposes of s. 5(a),
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Art. II of the State Constitution; defining the term
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"employment"; amending s. 112.3261, F.S.; defining the
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term "expenditure"; revising the circumstances under
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which the Commission on Ethics must investigate a
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lobbyist or principal; prohibiting a lobbyist or
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principal from making, and prohibiting a district
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governing board member, executive director, or any
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district employee who qualifies as a local officer
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from accepting, any expenditure; amending s. 1001.71,
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F.S.; removing a provision that prohibits state
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residency requirements for university board members;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (5) of section 45.062, Florida
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Statutes, is amended to read:
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45.062 Settlements, conditions, or orders when an agency
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of the executive branch is a party.—
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(5) When a state agency or officer settles an action or
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legal claim in which the state asserted a right to recover
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money, all moneys paid to the state by a party in full or
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partial exchange for a release of the state's claim shall be
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placed into the General Revenue Fund or the appropriate trust
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fund.
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(a) A state agency or officer may not, under s. 777.011,
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direct that any funds offered to the state be sent to a third
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party as a condition of settlement.
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(b) Within 10 days after the settlement, the state agency
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or officer shall provide written notification, including the
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terms of the settlement, to the President of the Senate, the
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Speaker of the House of Representatives, the Senate and House of
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Representatives minority leaders, the chairs of the
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appropriations committees of the Legislature, and the Attorney
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General.
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Section 2. Subsections (1) and (2) of section 104.31, Florida Statutes, are amended to read:
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104.31 Political activities of state, county, and
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municipal officers and employees.—
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(1) No officer or employee of the state, or of any county
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or municipality thereof, except as hereinafter exempted from
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provisions hereof, shall:
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(a) Use his or her official authority or influence for the
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purpose of interfering with an election or a nomination of
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office or coercing or influencing another person's vote or
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affecting the result thereof.
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(b) Use his or her official authority or influence to
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directly or indirectly coerce or attempt to coerce, command,
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solicit, or advise any other person officer or employee to make
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a contribution as defined in s. 106.011 or to pay, lend, or
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contribute any part of his or her salary, or any money, or
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anything else of value to any political party, candidate for
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public office, political committee, organization, agency, or
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person for political purposes. Nothing in this paragraph or in
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any county or municipal charter or ordinance shall prohibit an
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officer or employee from suggesting to another person employee
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in a noncoercive manner that he or she may voluntarily make a
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contribution as defined in s. 106.011 or pay, lend, or
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contribute money or anything else of value to any political to a
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fund which is administered by a party, candidate for public
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office, political committee, organization, agency, or person,
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labor union or other employee organization for political
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purposes.
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(c) Directly or indirectly coerce or attempt to coerce,
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command, and advise any such officer or employee as to where he
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or she might purchase commodities or to interfere in any other
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way with the personal right of said officer or employee.
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The provisions of this section may shall not be construed so as
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to prevent any person from becoming a candidate for and actively
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campaigning for any elective office in this state. All such
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persons shall retain the right to vote as they may choose and to
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express their opinions on all political subjects and candidates.
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The provisions of paragraph (a) may shall not be construed so as
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to limit the political activity in a general, special, primary,
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bond, referendum, or other election of any kind or nature, of
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elected officials or candidates for public office in the state
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or of any county or municipality thereof; and the provisions of
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paragraph (a) shall not be construed so as to limit the
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political activity in general or special elections of the
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officials appointed as the heads or directors of state
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administrative agencies, boards, commissions, or committees or
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of the members of state boards, commissions, or committees,
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whether they be salaried, nonsalaried, or reimbursed for
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expense. In the event of a dual capacity of any member of a
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state board, commission, or committee, any restrictive
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provisions applicable to either capacity shall apply. The
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provisions of paragraph (a) shall not be construed so as to
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limit the political activity in a general, special, primary,
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bond, referendum, or other election of any kind or nature of the
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Governor, the elected members of the Governor's Cabinet, or the
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members of the Legislature. The provisions of paragraphs (b) and
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(c) shall apply to all officers and employees of the state or of
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any county or municipality thereof, whether elected, appointed,
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or otherwise employed, or whether the activity shall be in
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connection with a primary, general, special, bond, referendum,
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or other election of any kind or nature.
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(2) An employee of the state or any political subdivision
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may not participate in any political campaign for an elective
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office while on duty.
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Section 3. Subsection (4) of section 112.061, Florida Statutes, is amended, and paragraph (j) is added to subsection
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(3) of that section, to read:
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112.061 Per diem and travel expenses of public officers,
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employees, and authorized persons; statewide travel management
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system.—
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(3) AUTHORITY TO INCUR TRAVEL EXPENSES.—
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(j) Reimbursement of transportation expenses as provided
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in subsection (7) for travel between the person's residence and
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his or her official headquarters may not be authorized or
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approved for a person serving as:
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1. The secretary of a department;
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2. The executive director of a department; or
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3. The chief administrative officer of any unit of state
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government which is housed under a department for administrative
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purposes but is not subject to the control, supervision, or
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direction of such department.
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Per diem and subsistence allowances provided in subsection (6)
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may not be authorized or approved for a person serving in a
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position described in subparagraphs 1., 2., or 3. when he or she
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remains overnight in his or her county of residence. For the
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purposes of this section, the term "residence" means the
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dwelling in which the person permanently resides.
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(4) OFFICIAL HEADQUARTERS.—The official headquarters of a
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person serving in a position described in subparagraph (3)(j)1.,
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2., or 3. shall be the city or town in which the department's
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official headquarters is located, and the official headquarters
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of any other an officer or employee assigned to an office shall
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be the city or town in which the office is located except that:
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(a) The official headquarters of a person located in the
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field shall be the city or town nearest to the area where the
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majority of the person's work is performed, or such other city,
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town, or area as may be designated by the agency head provided
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that in all cases such designation must be in the best interests
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of the agency and not for the convenience of the person.
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(b) When any state employee is stationed in any city or
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town for a period of more than over 30 continuous workdays, such
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city or town shall be deemed to be the employee's official
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headquarters, and he or she shall not be allowed per diem or
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subsistence, as provided in this section, after such the said
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period of 30 continuous workdays has elapsed, unless this period
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of time is extended by the express approval of the agency head
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or his or her designee.
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(c) A traveler may leave his or her assigned post to
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return to his or her residence home overnight, over a weekend,
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or during a holiday, but any time lost from regular duties shall
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be taken as annual leave and authorized in the usual manner. The
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traveler shall not be reimbursed for travel expenses in excess
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of the established rate for per diem allowable had he or she
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remained at his or her assigned post. A person serving in a
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position described in subparagraph (j)1., 2., or 3. may not be
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reimbursed for travel expenses for travel between the person's
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assigned post and residence. However, when a traveler has been
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temporarily assigned away from his or her official headquarters
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for an approved period extending beyond 30 days, he or she is
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shall be entitled to reimbursement for travel expenses at the
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established rate of one round trip for each 30-day period
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actually taken to his or her residence home in addition to pay
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and allowances otherwise provided.
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(d) A Lieutenant Governor who permanently resides outside
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of Leon County, may, if he or she so requests, have an
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appropriate facility in his or her county designated as his or
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her official headquarters for purposes of this section. This
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official headquarters may only serve as the Lieutenant
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Governor's personal office. The Lieutenant Governor may not use
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state funds to lease space in any facility for his or her
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official headquarters.
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1. A Lieutenant Governor for whom an official headquarters
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is established in his or her county of residence pursuant to
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this paragraph is eligible for subsistence at a rate to be
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established by the Governor for each day or partial day that the
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Lieutenant Governor is at the State Capitol to conduct official
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state business. In addition to the subsistence allowance, a
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Lieutenant Governor is eligible for reimbursement for
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transportation expenses as provided in subsection (7) for travel
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between the Lieutenant Governor's official headquarters and the
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State Capitol to conduct state business.
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2. Payment of subsistence and reimbursement for
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transportation between a Lieutenant Governor's official
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headquarters and the State Capitol shall be made to the extent
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appropriated funds are available, as determined by the Governor.
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3. This paragraph expires July 1, 2025.
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Section 4. Section 112.31251, Florida Statutes, is created
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to read:
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112.31251 Definition of the term "office."—
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(1)(a) For purposes of s. 5(a), Art. II of the State
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Constitution, the term "office," when referring to an office in
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this state, means any position in state, county, or municipal
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government to which all of the following apply:
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1. Delegates to the individual holding such position a
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portion of the sovereign power of the government.
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2. Requires the exercise of independent governmental
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authority, which is performed in an official capacity and is not
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based solely on a contractual or employment relationship.
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3. Has a prescribed tenure.
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4. Exists independently of the individual holding such
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position.
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(b) The term includes, but is not limited to, each of the
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following positions:
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1. The Governor.
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2. The Lieutenant Governor.
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3. A member of the Cabinet.
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4. A member of the Senate.
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5. A member of the House of Representatives.
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6. A county commissioner.
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7. A sheriff.
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8. A tax collector.
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9. A property appraiser.
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10. A supervisor of elections.
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11. A clerk of the circuit court.
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12. A member of the Board of Governors of the State
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University System.
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13. A member of a state university board of trustees.
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14. A member of a district school board.
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15. A member of a state, county, or municipal board or
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commission that exercises governmental authority and is not
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purely advisory in nature.
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16. A member of the board of governors of the Citizens
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Property Insurance Corporation established under s. 627.351(6).
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17. A member of the board of directors for the Florida
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Housing Finance Corporation established under s. 420.504.
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18. A member of the board of directors of the Florida
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Healthy Kids Corporation established under s. 624.91, other than
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the member appointed pursuant to s. 624.91(6)(a)9.
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19. An administrator or a manager of a county, a
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municipality, or a corporation established under s. 420.504, s.
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624.91, or s. 627.351(6) who exercises in his or her own right
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any sovereign power or any prescribed independent authority of a
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governmental nature.
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20. The director of a county or municipal emergency
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management agency who exercises in his or her own right any
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sovereign power or any prescribed independent authority of a
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governmental nature.
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21. A state, county, or municipal law enforcement officer
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with the authority to arrest without a warrant.
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22. Any position that meets all the criteria enumerated in
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paragraph (a).
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(2) The term "office" does not include either of the
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following:
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(a) A legislative designation of an officer to perform ex
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officio the functions of another office; or
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(b) The position of an individual whose relationship with
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a state, county, or municipal government is considered
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employment. For purposes of this paragraph, the term
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"employment" means a relationship with a state, county, or
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municipal government in which an individual does not exercise in
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his or her own right any sovereign power or any prescribed
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independent authority of a governmental nature.
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Section 5. Paragraphs (b), (c), and (d) of subsection (1)
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of section 112.3261, Florida Statutes, are redesignated as paragraphs (c), (d), and (e), respectively, subsection (8) is
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renumbered as subsection (9), subsection (7) is amended, a new
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paragraph (b) is added to subsection (1), and a new subsection
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(8) is added to that section, to read:
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112.3261 Lobbying before water management districts;
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registration and reporting.—
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(1) As used in this section, the term:
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(b) "Expenditure" has the same meaning as in s.
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112.3215(1).
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(7) Upon receipt of a sworn complaint alleging that a
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lobbyist or principal has failed to register with a district,
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has made a prohibited expenditure, or has knowingly submitted
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false information in a report or registration required under
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this section, the commission shall investigate a lobbyist or
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principal pursuant to the procedures established under s.
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112.324. The commission shall provide the Governor with a report
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of its findings and recommendations in any investigation
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conducted pursuant to this subsection. The Governor is
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authorized to enforce the commission's findings and
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recommendations.
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(8) Notwithstanding s. 112.3148, s. 112.3149, or any other
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law, a lobbyist or principal may not make, directly or
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indirectly, and a district governing board member, executive
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director, or any district employee who is a local officer as
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defined in s. 112.3145(1) may not knowingly accept, directly or
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indirectly, any expenditure.
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Section 6. Subsection (1) of section 1001.71, Florida
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Statutes, is amended to read:
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1001.71 University boards of trustees; membership.—
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(1) Pursuant to s. 7(c), Art. IX of the State
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Constitution, each local constituent university shall be
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administered by a university board of trustees comprised of 13
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members as follows: 6 citizen members appointed by the Governor
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subject to confirmation by the Senate; 5 citizen members
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appointed by the Board of Governors subject to confirmation by
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the Senate; the chair of the faculty senate or the equivalent;
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and the president of the student body of the university. The
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appointed members shall serve staggered 5-year terms. In order
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to achieve staggered terms, beginning July 1, 2003, of the
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initial appointments by the Governor, 2 members shall serve 2-
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year terms, 3 members shall serve 3-year terms, and 1 member
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shall serve a 5-year term and of the initial appointments by the
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Board of Governors, 2 members shall serve 2-year terms, 2
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members shall serve 3-year terms, and 1 member shall serve a 5-
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year term. There shall be no state residency requirement For
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university board members, but the Governor and the Board of
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Governors shall consider diversity and regional representation.
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Beginning July 2, 2020, for purposes of this subsection,
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regional representation shall include the chair of a campus
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board established pursuant to s. 1004.341.
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This act shall take effect July 1, 2026. Section 7.