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Senate Bill 0222

Florida Senate - 1998 SB 222 By Senator Burt 16-74A-98 1 A bill to be entitled 2 An act relating to public officers and 3 employees; amending ss. 18.01, 19.14, 20.23, 4 F.S.; eliminating bond requirements for the 5 Treasurer, the Commissioner of Agriculture, and 6 the comptroller of the Department of 7 Transportation; amending s. 20.05, F.S.; 8 allowing the head of an executive department to 9 require bonds for officers or employees of the 10 department and to set the amount of the bond 11 and approve the bond; amending s. 20.32, F.S.; 12 allowing the Parole Commission to require bonds 13 for employees, set the bond amount, and approve 14 the bonds; amending s. 27.255, F.S.; 15 authorizing state attorneys to require bonds 16 for full-time investigators and special 17 investigators; amending ss. 28.01, 28.02, 18 28.09, 30.01, 30.02, 30.06, 30.09, 30.21, 19 40.35, F.S.; requiring bonds and the filing of 20 bonds with the clerk of the circuit court as 21 determined by the board of county commissioners 22 for the clerk of the circuit court, clerks ad 23 interim, sheriffs, and deputy sheriffs; 24 providing requirements for bonds when sheriffs 25 are appointed to fill vacancies; clarifying the 26 liability of sureties; amending ss. 48.021, 27 98.015, F.S.; eliminating bond requirements for 28 special process servers, and supervisors of 29 elections; amending s. 113.07, F.S.; 30 eliminating the requirement for public 31 officials to file a surety bond as a 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 prequalification to holding office or 2 performing duties; amending s. 115.03, F.S., 3 relating to elected officers' duties; 4 clarifying that any required bonds remain in 5 effect for the remainder of a term of office; 6 allowing for the deputy to give a bond; 7 amending s. 137.01, F.S.; eliminating the bond 8 requirements for county officers; allowing the 9 board of county commissioners to require county 10 officers to give a bond, set the amount of the 11 bond, and approve the bond; requiring the 12 filing of bonds with the clerk of the circuit 13 court instead of the Department of State; 14 amending s. 137.02, F.S.; eliminating the bond 15 requirements for tax collectors; requiring bond 16 as determined by the board of county 17 commissioners; eliminating the requirement that 18 the Department of State approve the bond; 19 amending s. 137.03, F.S.; eliminating the bond 20 requirement for property appraisers; requiring 21 bond as determined by the board of county 22 commissioners; amending s. 137.04, F.S.; 23 eliminating the bond requirement for county 24 commissioners; requiring bond as determined by 25 the board; eliminating the requirement that the 26 Department of State approve the bond; amending 27 s. 137.05, F.S., relating to the examination 28 requirements of bonds of county officers by the 29 county commissioners; removing the examination 30 criteria for sureties; removing the required 31 report of impaired bonds by the county 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 commissioners to the Governor; amending s. 2 240.268, F.S.; eliminating the bond requirement 3 for university police officers; allowing the 4 university to require a bond, set the amount of 5 the bond, and approve the bond; amending s. 6 240.38, F.S.; eliminating the bond requirement 7 for community college police officers; allowing 8 the community college to require a bond, set 9 the amount of the bond, and approve the bond; 10 amending s. 242.343, F.S.; eliminating the bond 11 requirement for campus police of the Florida 12 School for the Deaf and the Blind; allowing the 13 board of trustees to require a bond, set the 14 amount of the bond, and approve the bond; 15 amending ss. 250.10, 266.00001, 266.0013, F.S., 16 and repealing s. 252.55(5), F.S.; eliminating 17 bond requirements for the state quartermaster 18 appointed by the Adjutant General, the Florida 19 Wing commander of the Civil Air Patrol, and 20 members of the historic preservation board; 21 authorizing the Department of State to require 22 and approve a bond for members of historic 23 preservation boards; amending s. 284.41, F.S.; 24 eliminating the coverage for trust funds by the 25 public official bond of the Treasurer and 26 Insurance Commissioner; amending s. 320.03, 27 F.S.; allowing the Department of Highway Safety 28 and Motor Vehicles to require a bond of tax 29 collectors; amending s. 372.04, F.S.; 30 eliminating the requirement for the Director of 31 the Game and Fresh Water Fish Commission to 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 give a bond; allowing the Game and Fresh Water 2 Fish Commission to require a bond of employees, 3 to determine the amount of the bond, and to 4 approve the bond; amending s. 388.131, F.S.; 5 eliminating the bond requirement for the board 6 of commissioners of mosquito-control districts; 7 allowing the Department of Agriculture and 8 Consumer Services to require a bond; amending 9 s. 440.50, F.S.; eliminating the requirement 10 for the Treasurer and Insurance Commissioner to 11 give a bond related to his or her duties as 12 custodian of the Workers' Compensation 13 Administration Trust Fund; amending s. 443.191, 14 F.S.; eliminating the liability on the 15 Treasurer's and Insurance Commissioner's 16 official bond for duties as custodian of the 17 Unemployment Compensation Trust Fund; amending 18 s. 443.211, F.S.; eliminating the liability on 19 the Treasurer's and Insurance Commissioner's 20 official bond for duties in connection with the 21 Employment Security Administration Trust Fund; 22 amending s. 523.22, F.S.; eliminating the 23 requirement that the Legislature provide for 24 premiums for the bonds of all naval store 25 inspectors; amending ss. 561.051, 570.073, 26 570.09, 570.11, 582.055, F.S.; eliminating bond 27 requirements for the director and employees of 28 the Division of Alcoholic Beverages and Tobacco 29 of the Department of Business and Professional 30 Regulation and for certain employees of the 31 Department of Agriculture and Consumer 4 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 Services; repealing s. 17.01, F.S., which 2 requires the Comptroller to give a bond; 3 repealing s. 17.19, F.S., which requires the 4 Comptroller to annually examine the bonds of 5 state officers and report insufficiency of 6 bonds to the Governor; requiring the Governor 7 to require a new bond; holding the Comptroller 8 liable to the state for any loss sustained due 9 to failure to examine the bonds; providing for 10 recovery of loss by suit; repealing s. 113.05, 11 F.S., which prohibits the Governor from issuing 12 commissions to persons required by law to give 13 bond until the execution, approval, and filing 14 of the bond; repealing s. 137.06, F.S., which 15 provides that the failure of a county officer 16 to file a new bond is misfeasance, requires the 17 Governor to suspend the officer and appoint a 18 successor, and makes an officer impeachable for 19 failure to give a new bond; repealing s. 20 137.07, F.S., which provides liability of the 21 Comptroller and county commissioners to the 22 state and county for failure to perform duties 23 under s. 17.19, F.S., or s. 137.05, F.S.; 24 repealing s. 213.04, F.S., which requires the 25 executive director of the Department of Revenue 26 to give a bond; repealing s. 229.501, F.S., 27 which requires the Commissioner of Education to 28 give a bond; repealing s. 281.09, F.S., which 29 requires bonding for the officers and agents of 30 the Division of Capitol Police; repealing s. 31 321.08, F.S., which requires certain officers 5 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 and employees of the Department of Highway 2 Safety and Motor Vehicles to give a bond; 3 repealing s. 523.11, F.S., which requires the 4 supervising inspector of naval stores to give a 5 bond; providing applicability; providing an 6 effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Section 18.01, Florida Statutes, is amended 11 to read: 12 18.01 Bond of Treasurer.--The Treasurer shall, within 13 10 days before he or she enters upon the duties of office, 14 give a bond to the state, in the sum of $100,000, with any 15 solvent surety insurer authorized to transact such business in 16 this state and qualified for the posting of bonds of public 17 officials under s. 627.754, to be approved by the Governor, 18 conditioned that the Treasurer will faithfully execute the 19 duties of office; and shall take and subscribe an oath or 20 affirmation faithfully to discharge the duties of office,; 21 which bond and oath or affirmation must shall be deposited 22 with the Department of State. The Treasurer shall also file; 23 and after such bond shall have been given, upon the filing 24 with the Department of State of a certificate from the 25 Comptroller attesting, that the retiring Treasurer has turned 26 over vouchers for all payments made as required by law, and 27 that the Treasurer's account has been truly credited with the 28 same, and that he or she has filed receipts from his or her 29 successor for all vouchers paid since the end of last quarter, 30 and for balance of cash, and for all bonds and other 31 securities held by the Treasurer as such, and a certificate 6 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 from each board of which he or she is made by law ex officio 2 Treasurer, that he or she has satisfactorily accounted to such 3 board as its Treasurer.; the bond given by such Treasurer and 4 the Treasurer's sureties shall be discharged and delivered up 5 and shall be canceled by the Comptroller. Such bond shall be 6 deemed to extend to the faithful execution of the office of 7 Treasurer by the person giving such bond until his or her 8 successor shall have qualified, and to the faithful 9 performance of the duties of Treasurer of each board or fund 10 of which he or she is or may be made by law ex officio the 11 Treasurer. 12 Section 2. Section 19.14, Florida Statutes, is amended 13 to read: 14 19.14 Bond and oath of office.--The Commissioner of 15 Agriculture shall, before he or she enters upon the duties of 16 office, give bond with good security to be approved by the 17 Governor of this state, in the sum of $10,000, conditioned for 18 the faithful discharge of the duties of office; and shall take 19 the oath of office prescribed by the constitution of the 20 state. 21 Section 3. Subsection (4) is added to section 20.05, 22 Florida Statutes, to read: 23 20.05 Heads of departments; powers and duties.-- 24 (4) Each head of a department may require any officer 25 or employee of the department to give a bond for the faithful 26 performance of his or her duties. The head of a department may 27 determine the amount of the bond and must approve the bond. In 28 determining the amount of the bond, the head of the department 29 may consider the amount of money or property likely to be in 30 custody of the officer or employee at any one time. The 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 premiums for the bonds must be paid out of the funds of the 2 department. 3 Section 4. Paragraph (i) of subsection (3) of section 4 20.23, Florida Statutes, is amended to read: 5 20.23 Department of Transportation.--There is created 6 a Department of Transportation which shall be a decentralized 7 agency. 8 (3) 9 (i)1. The secretary shall appoint a comptroller who is 10 shall be responsible to the Assistant Secretary for Finance 11 and Administration. This position is exempt from part II of 12 chapter 110. 13 2. The comptroller is the chief financial officer of 14 the department and must shall be a proven, effective 15 administrator who by a combination of education and experience 16 clearly possesses a broad knowledge of the administrative, 17 financial, and technical aspects of a complex cost-accounting 18 system. The comptroller must also have a working knowledge of 19 generally accepted accounting principles. At a minimum, the 20 comptroller must shall hold an active license to practice 21 public accounting in Florida pursuant to chapter 473 or an 22 active license to practice public accounting in any other 23 state. In addition to the requirements of the Florida Fiscal 24 Accounting Management Information System Act, the comptroller 25 is responsible for the development, maintenance, and 26 modification of an accounting system that which will in a 27 timely manner accurately reflect the revenues and expenditures 28 of the department and that includes which shall include a 29 cost-accounting system to properly identify, segregate, 30 allocate, and report department costs. The comptroller shall 31 supervise and direct preparation of a detailed 36-month 8 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 forecast of cash and expenditures and is shall be responsible 2 for managing cash and determining cash requirements. The 3 comptroller shall review all comparative cost studies that 4 which examine the cost-effectiveness and feasibility of 5 contracting for services and operations performed by the 6 department. The review must shall state that the study was 7 prepared in accordance with generally accepted cost-accounting 8 standards applied in a consistent manner using valid and 9 accurate cost data. 10 3. The comptroller must give bond in the amount of 11 $100,000, payable to the Governor and his or her successors in 12 office, to be approved by the Department of Banking and 13 Finance and conditioned upon the faithful performance of his 14 or her duties. The premiums of such bond shall be paid from 15 the funds for the maintenance of the department. 16 3.4. The department shall by rule or internal 17 management memoranda as required by chapter 120 provide for 18 the maintenance by the comptroller of financial records and 19 accounts of the department as will afford a full and complete 20 check against the improper payment of bills and provide a 21 system for the prompt payment of the just obligations of the 22 department, which records must at all times disclose: 23 a. The several appropriations available for the use of 24 the department; 25 b. The specific amounts of each such appropriation 26 budgeted by the department for each improvement or purpose; 27 c. The apportionment or division of all such 28 appropriations among the several counties and districts, when 29 such apportionment or division is made; 30 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 d. The amount or portion of each such apportionment 2 against general contractual and other liabilities then 3 created; 4 e. The amount expended and still to be expended in 5 connection with each contractual and other obligation of the 6 department; 7 f. The expense and operating costs of the various 8 activities of the department; 9 g. The receipts accruing to the department and the 10 distribution thereof; 11 h. The assets, investments, and liabilities of the 12 department; and 13 i. The cash requirements of the department for a 14 36-month period. 15 4.5. The comptroller shall maintain a separate account 16 for each fund administered by the department. 17 5.6. The comptroller shall perform such other related 18 duties as may be designated by the department. 19 Section 5. Subsection (3) is added to section 20.32, 20 Florida Statutes, to read: 21 20.32 Parole Commission.-- 22 (3) The commission may require any employee of the 23 commission to give a bond for the faithful performance of his 24 or her duties. The commission may determine the amount of the 25 bond and must approve the bond. In determining the amount of 26 the bond, the commission may consider the amount of money or 27 property likely to be in custody of the officer or employee at 28 any one time. The premiums for the bonds must be paid out of 29 the funds of the commission. 30 Section 6. Subsection (4) of section 27.255, Florida 31 Statutes, is amended to read: 10 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 27.255 Investigators; authority to arrest, 2 qualifications, rights, immunities, bond, and oath.-- 3 (4) Any full-time investigator employed by the state 4 attorney and any special investigator appointed by the state 5 attorney pursuant to the provisions of s. 27.251 shall, before 6 entering into the performance of duties, take and file the 7 oath as prescribed in s. 5, Art. II of the State Constitution. 8 The state attorney may require any full-time investigator 9 employed by the state attorney or any special investigator 10 appointed by the state attorney pursuant to the provisions of 11 s. 27.251 to give a bond and enter into a good and sufficient 12 bond with a surety company authorized to do business in this 13 state as surety thereon, conditioned on the faithful 14 performance of the investigator's duties and payable to the 15 Governor and his or her successors in the penal sum of $5,000. 16 Section 7. Section 28.01, Florida Statutes, is amended 17 to read: 18 28.01 Bond of circuit court clerks, small 19 counties.--In each county of the state, having a population of 20 150,000 or less according to the last state census, the clerk 21 of the circuit court shall, before being commissioned, give 22 bond as required in a penalty which shall not be less than 23 $1,000 nor more than $5,000 to be fixed by the board of county 24 commissioners of the county, payable to the Governor of the 25 state and his or her successors in office, with two or more 26 good and sufficient sureties to be approved by the board of 27 county commissioners, and to be filed with and approved by the 28 clerk of the circuit court and be Department of State, which 29 said bond shall be conditioned upon the faithful discharge of 30 the duties of office. 31 11 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 Section 8. Section 28.02, Florida Statutes, is amended 2 to read: 3 28.02 Bond of circuit court clerks, large 4 counties.--In each county of the state, having a population in 5 excess of 150,000 according to the last state census, the 6 clerk of the circuit court shall, before being commissioned, 7 give bond as required in a penalty which shall not be less 8 than $5,000 nor more than $100,000 to be fixed by the board of 9 county commissioners of the county, payable to the Governor of 10 the state and his or her successors in office, with two or 11 more good and sufficient sureties to be approved by the board 12 of county commissioners, and to be filed with the clerk of the 13 circuit court and be and approved by the Department of State, 14 which said bond shall be conditioned upon the faithful 15 discharge of the duties of office. 16 Section 9. Section 28.09, Florida Statutes, is amended 17 to read: 18 28.09 Clerk ad interim.--In the case of vacancy 19 occurring in the office of a clerk of the circuit court by 20 death, resignation, or other cause, the judge of that court 21 shall appoint a clerk ad interim, who shall assume all the 22 responsibilities, perform all the duties, and receive the same 23 compensation for the time being as if he or she had been duly 24 appointed to fill the office; and the clerk shall give such 25 bond and security for the faithful performance of duties as 26 required is prescribed by the board of county commissioners 27 law. 28 Section 10. Section 30.01, Florida Statutes, is 29 amended to read: 30 30.01 Bond of sheriffs; small counties.--In each 31 county of the state, having a population of 150,000 or less 12 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 according to the last state census, the sheriff shall, before 2 being commissioned, give bond as required in a penalty which 3 shall not be less than $200 nor more than $10,000, to be fixed 4 by the board of county commissioners of the county, payable to 5 the Governor of the state and the Governor's successors in 6 office, with two or more good and sufficient sureties to be 7 approved by the board of county commissioners, and to be filed 8 with and approved by the clerk of the circuit court and be 9 Department of State, which said bond shall be conditioned upon 10 the faithful discharge of the duties of his or her office. 11 When a sheriff is appointed to fill a vacancy, a bond may not 12 be a prerequisite to succession in office; however, if the 13 county commission requires a bond for the office of sheriff 14 the commission shall allow a period of 10 days after the 15 effective date of the appointment in which the bond may be 16 provided. 17 Section 11. Section 30.02, Florida Statutes, is 18 amended to read: 19 30.02 Bond of sheriffs; large counties.--In each 20 county in the state, having a population in excess of 150,000 21 according to the last state census, the sheriff shall, before 22 being commissioned, give bond as required in a penalty which 23 shall not be less than $10,000 nor more than $25,000 to be 24 fixed by the board of county commissioners of the county, 25 payable to the Governor of the state and the Governor's 26 successors in office, with two or more good and sufficient 27 sureties to be approved by the board of county commissioners, 28 and to be filed with and approved by the clerk of the circuit 29 court and be Department of State, which bond shall be 30 conditioned upon the faithful discharge of the duties of his 31 or her office. When a sheriff is appointed to fill a vacancy, 13 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 a bond may not be a prerequisite to succession in office; 2 however, if the county commission requires a bond for the 3 office of sheriff the commission shall allow a period of 10 4 days after the effective date of the appointment in which the 5 bond may be provided. 6 Section 12. Section 30.06, Florida Statutes, is 7 amended to read: 8 30.06 Liability of sureties.--The sureties, if any, 9 are shall be liable for all fines and amercements imposed upon 10 the principal, or sheriff. 11 Section 13. Section 30.09, Florida Statutes, is 12 amended to read: 13 30.09 Qualification of deputies; special deputies.-- 14 (1) BOND, SURETIES, PERFORMANCE OF SERVICES.-- 15 (a) Each deputy sheriff who is, appointed as 16 aforesaid, shall be required to give bond as required by the 17 board of county commissioners. in the penal sum of $1,000, 18 payable to the Governor of Florida and the Governor's 19 successors in office, with two or more good and sufficient 20 sureties, to be The amount of the bond and the bond must be 21 approved by the board of county commissioners. The bond must 22 be and filed with the clerk of the circuit court and be, which 23 bond shall be conditioned upon the faithful performance of the 24 duties of his or her office. A No deputy sheriff may not 25 shall be allowed to perform any services as such deputy until 26 he or she subscribes shall subscribe to the oath now 27 prescribed for sheriffs and until the approval of the deputy's 28 bond. The aforesaid Sureties are shall be liable for all 29 fines and amercements imposed upon their principal. 30 (b) The board of county commissioners of any county 31 may is authorized to accept a blanket surety bond issued by a 14 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 solvent surety company authorized to do business in this 2 state, conditioned upon the faithful performance of the duties 3 of the deputy sheriffs appointed by a sheriff, in a the penal 4 sum to be fixed by the board of county commissioners of not 5 less than $1,000 payable to the Governor and his or her 6 successors in office. If such a blanket surety bond is shall 7 be accepted, individual surety bonds for each deputy sheriff 8 are not shall no longer be necessary. The cost of the blanket 9 bond must shall be paid borne by the appropriate sheriff's 10 department. The aforesaid Sureties are shall be liable for 11 all fines and amercements imposed upon their principals under 12 the provisions of the blanket bond. 13 (2) SURETY COMPANIES.--The requisite of two sureties 14 and justification of same does shall not apply when where 15 surety is by a solvent surety company authorized to do 16 business in this state. 17 (3) LIABILITY OF SHERIFF.--The giving of such said 18 bond by a said deputy does shall not in any manner relieve the 19 sheriff of the liability for the acts of his or her deputies. 20 (4) EXCEPTIONS.--The provisions of This section does 21 shall not apply to the appointment of special deputy sheriffs 22 when appointed by the sheriff, under the following 23 circumstances: 24 (a) On election days, To attend elections on election 25 days. 26 (b) To perform undercover investigative work. 27 (c) For specific guard or police duties in connection 28 with public sporting or entertainment events, not to exceed 30 29 days; or for watch or guard duties, when serving in such 30 capacity at specified locations or areas only. 31 15 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 (d) For special and temporary duties, without power of 2 arrest, in connection with guarding or transporting prisoners. 3 (e) To aid in preserving law and order, or to give 4 render necessary assistance in the event of any threatened or 5 actual hurricane, fire, flood, or other natural disaster, or 6 in the event of any major tragedy such as an airplane crash, 7 train or automobile wreck, or similar accident. 8 (f) To raise the power of the county, by calling 9 bystanders or others, to assist in quelling a riot or any 10 breach of the peace, when ordered by the sheriff or an 11 authorized general deputy. 12 (g) To serve as a parking enforcement specialist 13 pursuant to s. 316.640(2). 14 15 The appointment of a any such special deputy sheriff in any 16 such circumstance, except with respect to paragraph (g), may 17 be made with full powers of arrest when whenever the sheriff 18 considers deems such appointment reasonable and necessary in 19 the execution of the duties of his or her office. Except under 20 circumstances described in paragraphs (a), (e), (f), and (g), 21 the appointees must shall possess at least the minimum 22 requirements established for law enforcement officers by the 23 Criminal Justice Standards and Training Commission. The 24 appointment of any such special deputy sheriff must shall be 25 recorded in a register maintained for such purpose in the 26 sheriff's office, showing the terms and circumstances of such 27 appointment. 28 (5) REMOVAL FOR VIOLATION.--A violation of this 29 section subjects shall subject the offender to removal by the 30 Governor. 31 16 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 Section 14. Section 30.21, Florida Statutes, is 2 amended to read: 3 30.21 Failure to pay over money.--If any sheriff fails 4 shall fail to collect or pay over fines, fees, costs, or other 5 moneys adjudged to the state which he or she has shall have 6 been by proper process directed to collect, the sheriff 7 forfeits shall forfeit his or her commissions and also is be 8 liable for to a fine of $50, to be recovered by motion before 9 the circuit court, after 10 days' notice, and the sheriff's 10 sureties, if any, are shall also be liable for the amount of 11 such moneys upon his or her bond as sheriff. 12 Section 15. Subsection (2) of section 40.35, Florida 13 Statutes, is amended to read: 14 40.35 Accounting and payment to the State Courts 15 Administrator.-- 16 (2) If a any such clerk of the court fails to account 17 for and pay over promptly the balance of all moneys so paid 18 him or her, the sureties, if any, on a the clerk's official 19 bond are shall be held liable and responsible for same; and 20 the State Courts Administrator shall report to the Governor 21 and the Comptroller any failure on the part of the clerk of 22 the court to report and faithfully account for any such 23 moneys. 24 Section 16. Paragraphs (b), (c), and (d) of subsection 25 (2) of section 48.021, Florida Statutes, are amended to read: 26 48.021 Process; by whom served.-- 27 (2) 28 (b) A person applying to become a special process 29 server shall: 30 1. Be at least 18 years of age. 31 2. Have no mental or legal disability. 17 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 3. Be a permanent resident of the state. 2 4. Submit to a background investigation that includes; 3 which shall include the right to obtain and review the 4 criminal record of the applicant. 5 5. Obtain and file with the application a certificate 6 of good conduct that, which specifies there is no pending 7 criminal case against the applicant and that there is no 8 record of any felony conviction, nor a record of a misdemeanor 9 involving moral turpitude or dishonesty, with respect to the 10 applicant within the past 5 years. 11 6. Submit to an examination testing the applicant's 12 knowledge of the laws and rules regarding the service of 13 process. The content of the examination and the passing grade 14 thereon, and the frequency and the location at which the such 15 examination is shall be offered must shall be prescribed by 16 the sheriff. The examination must shall be offered at least 17 once annually. 18 7. Execute a bond in the amount of $5,000 with a 19 surety company authorized to do business in this state for the 20 benefit of any person wrongfully injured by malfeasance, 21 misfeasance, or neglect of duty, or incompetence of the 22 applicant, in connection with his or her duties as a process 23 server. Such bond shall be renewable annually. 24 7.8. Take an oath that the applicant will honestly, 25 diligently, and faithfully exercise the duties of a special 26 process server. 27 (c) The sheriff may prescribe additional rules and 28 requirements directly related to subparagraphs (b)1.-7. 29 (b)1.-8. regarding the eligibility of a person to become a 30 special process server or to have his or her name maintained 31 on the list of special process servers. 18 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 (d) An applicant who completes the requirements of set 2 forth in this section must shall be designated as a special 3 process server provided that the sheriff of the county has 4 determined that the appointment of special process servers is 5 necessary or desirable. Each special process server must shall 6 be issued an identification card bearing his or her 7 identification number, printed name, signature and photograph, 8 and an expiration date. Each identification card must shall 9 be renewable annually upon proof of good standing and current 10 bond. 11 Section 17. Subsection (1) of section 98.015, Florida 12 Statutes, is amended to read: 13 98.015 Supervisor of elections; election, tenure of 14 office, compensation, custody of books, office hours, 15 successor, seal; appointment of deputy supervisors; duties.-- 16 (1) A supervisor of elections shall be elected in each 17 county at the general election in each year the number of 18 which is a multiple of four for a 4-year term commencing on 19 the first Tuesday after the first Monday in January succeeding 20 his or her election. Each supervisor shall, before performing 21 any of his or her duties, take the oath prescribed in s. 5, 22 Art. II of the State Constitution and give a surety bond 23 payable to the Governor in the sum of $5,000, conditioned on 24 the faithful discharge of the supervisor's duties. 25 Section 18. Section 113.07, Florida Statutes, is 26 amended to read: 27 113.07 Bond by surety company; when required.-- 28 (1) When In all cases where public officials, not 29 honorary, either state, county or district, are now, or shall 30 hereafter be, required to post fidelity or performance bonds, 31 19 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 all such bonds must shall be written by surety companies 2 authorized by law to do business in the state. 3 (2) The provisions of this law do shall not apply to 4 deputy sheriffs, notaries public, or special process servers 5 appointed to serve process under the provisions of s. 48.021. 6 (3) No such official shall be qualified to hold office 7 or perform the duties thereof until such surety bond has been 8 filed. 9 (3)(4) The cost of the premium on such bond must shall 10 be paid out of the General Revenue Fund of the state or out of 11 the county or out of the various districts, depending upon the 12 class in which such officer belongs. If In the event any 13 excess premium over the base premium rate is should be charged 14 in the procurement of the bonds herein provided for, such 15 excess premium must shall be paid by the individual officer or 16 official. 17 Section 19. Section 115.03, Florida Statutes, is 18 amended to read: 19 115.03 Appointment of deputy; bond.--Before applying 20 for a such leave of absence as above mentioned, the such 21 officer shall appoint a capable and competent deputy to take 22 over and perform the duties of the office, and any the bond 23 required of the such officer must remain shall be in full 24 force during the remainder of his or her term of office., in 25 addition to which Such deputy may shall be required to furnish 26 good and sufficient bond in a sum of not more than one-half of 27 the amount of the bond of the officer appointing him or her as 28 such deputy, for the faithful performance of such duties. 29 Section 20. Section 137.01, Florida Statutes, is 30 amended to read: 31 20 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 137.01 Bonds required by the board of county 2 commissioners for county officers.--Each board of county 3 commissioners may by ordinance require any county officer to 4 give bond, conditioned for the faithful performance of the 5 duties of his or her office. The amount of the bond and the 6 bond must be approved by the board of county commissioners. In 7 determining the amount of the bond, the board of county 8 commissioners may consider the amount of money or property 9 likely to be in custody of the county officer at any one time. 10 The bond of each of the county officers of whom a bond is or 11 shall be required must by law, shall, before he or she is 12 commissioned, give bond, with not less than two sureties, or a 13 surety company as hereinafter specified, to the Governor of 14 the state and the Governor's successors in office, conditioned 15 for the faithful performance of the duties of his or her 16 office, which shall be approved by the board of county 17 commissioners, and be filed with the clerk of the circuit 18 court and approved by the Department of State. 19 Section 21. Section 137.02, Florida Statutes, is 20 amended to read: 21 137.02 Bond of tax collector.--The tax collector of 22 each county shall give bond as required in a sum to be fixed 23 by the board of county commissioners of the respective county, 24 subject to the approval of the Department of State as to 25 amount and surety. This bond shall be specifically 26 conditioned to account duly and faithfully for all taxes 27 collected by the tax collector. In fixing the said bond the 28 board of county commissioners may consider shall take into 29 consideration the amount of money likely to be in the custody 30 of the collector at any one time. 31 21 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 Section 22. Section 137.03, Florida Statutes, is 2 amended to read: 3 137.03 Bond of property appraisers.--The county 4 property appraiser shall give a bond as required, the amount 5 of which shall be fixed by the board of county commissioners 6 at not less than $1,000 or more than $10,000. In fixing the 7 amount of the said bond, the board of county commissioners may 8 consider shall take into consideration the amount of money 9 likely to be in the custody of the property appraiser at any 10 one time. 11 Section 23. Section 137.04, Florida Statutes, is 12 amended to read: 13 137.04 County commissioners to give bond.--Each and 14 every county commissioner of the several counties of the 15 state, whether elected or appointed to such office before he 16 or she is commissioned, must shall be required to give a good 17 and sufficient bond with not less than two sureties, or a 18 surety company duly authorized under the laws of the state, in 19 the sum of $2,000, conditioned for the faithful performance of 20 the duties of his or her office as required, which bond shall 21 be approved by the board of county commissioners and the 22 Department of State. The premium of the bonds given must with 23 surety companies as sureties shall be paid out of the county 24 treasury. 25 Section 24. Section 137.05, Florida Statutes, is 26 amended to read: 27 137.05 Duty of boards of county commissioners.--The 28 board of county commissioners of each county the various 29 counties of the state shall at its their regular meetings 30 meeting in January and June of each year examine carefully as 31 to the sufficiency of bonds of the county officers of their 22 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 respective counties, and if it has by reason of death, 2 assignment, or insolvency of any of the sureties on the bonds 3 of said officers, they have reason to believe that the 4 sufficiency of any said bond has become impaired, it must they 5 shall at once report the same to the Governor, who shall call 6 upon and require the such officer or officers to execute and 7 file with the proper officer a new bond for the same amount 8 and, under the same conditions as his or her former bond. 9 Section 25. Subsection (4) of section 240.268, Florida 10 Statutes, is amended to read: 11 240.268 University police officers.-- 12 (4) University police must shall meet the minimum 13 standards established by the Criminal Justice Standards and 14 Training Commission and chapter 943. Each police officer 15 shall, before entering into the performance of his or her 16 duties, take the oath of office as established by the 17 university; and the university may obtain and approve a shall 18 enter into a good and sufficient bond on each officer, payable 19 to the Governor and his or her successors in office, in the 20 penal sum of $5,000 with a surety company authorized to do 21 business in this state as surety thereon, conditioned on the 22 faithful performance of the duties of such university police 23 officer. The university may determine the amount of the bond. 24 In determining the amount of the bond, the university may 25 consider the amount of money or property likely to be in the 26 custody of the officer at any one time. The university shall 27 provide a uniform set of identification credentials for each 28 university police officer. 29 Section 26. Subsection (4) of section 240.38, Florida 30 Statutes, is amended to read: 31 240.38 Community college police.-- 23 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 (4) Community college police must meet the minimum 2 standards established by the Police Standards and Training 3 Commission of the Department of Law Enforcement and chapter 4 943 for law enforcement officers. Each community college 5 police officer must, before entering into the performance of 6 his or her duties, take the oath of office established by the 7 community college. Each community college that employs police 8 officers may shall obtain and approve a surety bond on each 9 police officer, conditioned upon the officer's faithful 10 performance of his or her duties, which bond must be in the 11 amount of $5,000 payable to the Governor. The community 12 college may determine the amount of the bond. In determining 13 the amount of the bond, the community college may consider the 14 amount of money or property likely to be in the custody of the 15 officer at any one time bond must be obtained from a surety 16 company authorized to do business in this state. The 17 community college shall provide a uniform set of identifying 18 credentials to each community college police officer it 19 employs. 20 Section 27. Subsection (4) of section 242.343, Florida 21 Statutes, is amended to read: 22 242.343 Florida School for the Deaf and the Blind 23 campus police.-- 24 (4) The campus police must meet the minimum standards 25 established by the Criminal Justice Standards and Training 26 Commission of the Department of Law Enforcement and chapter 27 943 for law enforcement officers. Each campus police officer 28 must, before entering into the performance of the officer's 29 duties, take the oath of office established by the board of 30 trustees. The board of trustees may shall obtain and approve a 31 surety bond on each campus police officer, conditioned upon 24 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 the officer's faithful performance of the officer's duties, 2 which bond must be in the amount of $5,000 payable to the 3 Governor. The board of trustees may determine the amount of 4 the bond. In determining the amount of the bond, the board may 5 consider the amount of money or property likely to be in the 6 custody of the officer at any one time bond must be obtained 7 from a surety company authorized to do business in this state. 8 The board of trustees must shall provide a uniform set of 9 identifying credentials to each campus police officer it 10 employs. 11 Section 28. Subsection (5) of section 250.10, Florida 12 Statutes, is amended to read: 13 250.10 Appointment and duties of the Adjutant 14 General.-- 15 (5) The Adjutant General shall employ a federally 16 recognized officer of the Florida National Guard as the state 17 quartermaster who under the direction of the Adjutant General 18 is shall be accountable for all funds accruing to the 19 Department of Military Affairs and shall, receive, preserve, 20 repair, issue, distribute, and account for all Department of 21 Military Affairs property, including to include real estate 22 pertaining to the State Armory Board, and shall; construct, 23 maintain, improve, and repair facilities pertaining to the 24 Department of Military Affairs and the armory board.; The 25 state quartermaster will be the recorder of the armory board 26 and will perform such other duties as may be required of him 27 or her by the Adjutant General; the state quartermaster shall 28 give a surety bond in a surety company approved by the 29 Adjutant General in such amount as the Adjutant General may 30 determine. 31 25 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 Section 29. Subsection (2) of section 266.00001, 2 Florida Statutes, is amended to read: 3 266.00001 Historic preservation boards of trustees; 4 authority of Department of State.-- 5 (2) The boards are placed under the administrative 6 supervision of the Division of Historical Resources of the 7 Department of State. The department may require members of the 8 board appointed as provided in s. 266.0013 to give a bond. 9 Section 30. Subsection (4) of section 266.0013, 10 Florida Statutes, is amended to read: 11 266.0013 Board; membership; terms of office; 12 compensation; expenses; bond; removal.-- 13 (4) The members of the board, including the chair, may 14 not receive compensation for their services but are entitled 15 to be reimbursed for per diem and travel expenses incurred in 16 the performance of their official duties as members of the 17 board, subject to the provisions and limitations of s. 18 112.061. Each member shall give a surety bond in the sum of 19 $5,000, executed by a surety company authorized to do business 20 in this state, payable to the Governor and the Governor's 21 successors in office, and conditioned upon the faithful 22 performance of the member's duties. The cost of each such 23 bond must be paid by the board. 24 Section 31. Subsection (5) of section 252.55, Florida 25 Statutes, is repealed. 26 Section 32. Section 284.41, Florida Statutes, is 27 amended to read: 28 284.41 Transfer of personnel and funds to the Division 29 of Risk Management; extension of Insurance Commissioner and 30 Treasurer's public official bond.-- 31 26 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 (1) All personnel and funds otherwise allocated to the 2 Department of Insurance for this purpose are hereby 3 transferred to the Division of Risk Management. 4 (2) The administration of parts I, II, and III of this 5 chapter is shall be a function of the Division of Risk 6 Management. 7 (3) The current public official bond covering the 8 Insurance Commissioner and Treasurer is hereby extended to 9 include the trust funds hereby created. 10 Section 33. Subsection (2) of section 320.03, Florida 11 Statutes, is amended to read: 12 320.03 Registration; duties of tax collectors; 13 International Registration Plan.-- 14 (2) The department may require each tax collector is 15 required to give a good and sufficient surety bond, payable to 16 the department, conditioned that the tax collector will 17 faithfully and truly perform the duties imposed upon him or 18 her according to the requirements of law and the rules and 19 regulations of the department and that the tax collector will 20 well and truly pay over and account for all validation 21 stickers, records, and other property and money that comes 22 which may come into his or her possession or control by reason 23 of such service. The amount of the such bond is to shall be 24 determined by the department based on an amount not more than 25 10 percent above the average of the daily deposits of each tax 26 collector. 27 Section 34. Section 372.04, Florida Statutes, is 28 amended to read: 29 372.04 Director of commission.--The commission shall 30 appoint, fix the salary of, and at pleasure remove, a suitable 31 person, not a member of the commission, as director. The Said 27 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 director must shall be reimbursed for travel and other 2 expenses incurred in the discharge of her or his official 3 duties. The commission may require any employee of the 4 commission to give a bond for the faithful performance of his 5 or her duties. The commission may determine the amount of the 6 bond and must approve the bond. In determining the amount of 7 the bond, the commission may consider the amount of money or 8 property likely to be in custody of the officer or employee at 9 any one time. The premiums for the bonds must be paid out of 10 the funds of the commission. The director shall give bond in 11 the sum of $10,000, conditioned upon the faithful performance 12 of the director's official duties, payable to the Governor and 13 her or his successors in office, with some reputable bonding 14 corporation authorized to do business in this state as surety, 15 said bond to be approved by the Department of Banking and 16 Finance. Said director shall maintain her or his headquarters 17 and reside in Tallahassee. 18 Section 35. Section 388.131, Florida Statutes, is 19 amended to read: 20 388.131 Commissioners; surety bond.--The department 21 may require each commissioner, before he or she assumes 22 office, shall be required to give the Commissioner of 23 Agriculture a good and sufficient surety bond in the sum of 24 $2,000, the cost thereof being borne by the district, 25 conditioned on the faithful performance of the duties of his 26 or her office. The, said bond must to be approved and filed in 27 the same manner as a bond is that of the board of county 28 commissioners. The failure of any person to make and file the 29 required this bond within 10 days after his or her election 30 creates shall create a vacancy on the said board. 31 28 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 Section 36. Subsection (2) of section 440.50, Florida 2 Statutes, is amended to read: 3 440.50 Workers' Compensation Administration Trust 4 Fund.-- 5 (2) The Treasurer is authorized to disburse moneys 6 from such fund only when approved by the division and upon the 7 order of the Comptroller. He or she shall be required to give 8 bond in an amount to be approved by the division conditioned 9 upon the faithful performance of his or her duty as custodian 10 of such fund. 11 Section 37. Subsection (2) of section 443.191, Florida 12 Statutes, is amended to read: 13 443.191 Unemployment Compensation Trust Fund; 14 establishment and control.-- 15 (2) The Treasurer is shall be the ex officio treasurer 16 and custodian of the fund and shall administer the such fund 17 in accordance with the directions of the division. All 18 payments from the fund must shall be approved by the division 19 or by a duly authorized agent and must shall be made by the 20 Treasurer upon warrants issued by the Comptroller, except as 21 hereinafter provided. The Treasurer shall maintain within the 22 fund three separate accounts: 23 (a) A clearing account; 24 (b) An Unemployment Compensation Trust Fund account; 25 and 26 (c) A benefit account. 27 28 All moneys payable to the fund, including moneys received from 29 the United States as reimbursement for extended benefits paid 30 by the division, upon receipt thereof by the division, must 31 shall be forwarded to the Treasurer, who shall immediately 29 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 deposit them in the clearing account. Refunds payable under 2 pursuant to s. 443.141 may be paid from the clearing account 3 upon warrants issued by the Comptroller as above set forth. 4 After clearance thereof, all other moneys in the clearing 5 account must shall be immediately deposited with the Secretary 6 of the Treasury of the United States to the credit of the 7 account of this state in the Unemployment Compensation Trust 8 Fund established and maintained under pursuant to s. 904 of 9 the Social Security Act, as amended, any provisions of the law 10 in this state relating to the deposit, administration, 11 release, or disbursement of moneys in the possession or 12 custody of this state to the contrary notwithstanding. The 13 benefit account shall consist of all moneys requisitioned from 14 this state's account in the Unemployment Compensation Trust 15 Fund. Except as herein otherwise provided, moneys in the 16 clearing and benefit accounts may be deposited by the 17 Treasurer, under the direction of the division, in any bank or 18 public depository in which general funds of the state may be 19 deposited, but no public deposit insurance charge or premium 20 may shall be paid out of the fund. If any warrant issued 21 against the clearing account or the benefit account is not 22 presented for payment within 1 year after issuance thereof, 23 the Comptroller must shall cancel the same and credit without 24 restriction the amount of such warrant to the account upon 25 which it is drawn. When the payee or person entitled to any 26 warrant so canceled requests payment thereof, the Comptroller, 27 upon direction of the division, must shall issue a new warrant 28 therefor, to be paid out of the account against which the 29 canceled warrant had been drawn. The Treasurer shall be liable 30 on her or his official bond for the faithful performance of 31 her or his duties as custodian of the fund. 30 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 Section 38. Subsection (1) of section 443.211, Florida 2 Statutes, is amended to read: 3 443.211 Employment Security Administration Trust Fund; 4 appropriation; reimbursement.-- 5 (1) EMPLOYMENT SECURITY ADMINISTRATION TRUST 6 FUND.--There is created in the State Treasury a special fund 7 to be known as the "Employment Security Administration Trust 8 Fund." All moneys that which are deposited or paid into this 9 fund remain shall be continuously available to the division 10 for expenditure in accordance with the provisions of this 11 chapter and do shall not lapse at any time and may not or be 12 transferred to any other fund. All moneys in this fund which 13 are received from the Federal Government or any agency thereof 14 or which are appropriated by this state for the purposes 15 described in ss. 443.171 and 443.181, except money received 16 under pursuant to s. 443.191(5)(c), must shall be expended 17 solely for the purposes and in the amounts found necessary by 18 the authorized cooperating federal agencies for the proper and 19 efficient administration of this chapter. The fund shall 20 consist of all moneys appropriated by this state; all moneys 21 received from the United States or any agency thereof; all 22 moneys received from any other source for such purpose; any 23 moneys received from any agency of the United States or any 24 other state as compensation for services or facilities 25 supplied to such agency; any amounts received pursuant to any 26 surety bond or insurance policy or from other sources for 27 losses sustained by the Employment Security Administration 28 Trust Fund or by reason of damage to equipment or supplies 29 purchased from moneys in such fund; and any proceeds realized 30 from the sale or disposition of any such equipment or supplies 31 which may no longer be necessary for the proper administration 31 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 of this chapter. Notwithstanding any provision of this 2 section, all money requisitioned and deposited in this fund 3 under pursuant to s. 443.191(5)(c) remains shall remain part 4 of the Unemployment Compensation Trust Fund and must shall be 5 used only in accordance with the conditions specified in s. 6 443.191(5). All moneys in this fund must shall be deposited, 7 administered, and disbursed in the same manner and under the 8 same conditions and requirements as is provided by law for 9 other special funds in the State Treasury. Such moneys must 10 shall be secured by the depositary in which they are held to 11 the same extent and in the same manner as required by the 12 general depositary law of the state, and collateral pledged 13 must shall be maintained in a separate custody account. All 14 payments from the Employment Security Administration Trust 15 Fund must shall be approved by the division or by a duly 16 authorized agent and must shall be made by the Treasurer upon 17 warrants issued by the Comptroller. Any balances in this fund 18 do shall not lapse at any time and must remain but shall be 19 continuously available to the division for expenditure 20 consistent with this chapter. The Treasurer shall be liable 21 on her or his official bond for the faithful performance of 22 her or his duties in connection with the Employment Security 23 Administration Trust Fund provided for under this chapter. 24 Such liability on the official bond shall be effective 25 immediately upon the enactment of this provision, and such 26 liability shall exist in addition to any liability upon any 27 separate bond existent on the effective date of this 28 provision, or which may be given in the future. All sums 29 recovered on any surety bond for losses sustained by the 30 Employment Security Administration Trust Fund shall be 31 deposited in that fund. 32 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 Section 39. Section 523.22, Florida Statutes, is 2 amended to read: 3 523.22 Disposition of fees.--All fees or other 4 compensation collected by the supervising inspector, 5 inspectors at large, and inspectors of ports under the 6 provisions of ss. 523.10, 523.13 and 523.18 must shall be 7 deposited by the inspector collecting same with the State 8 Treasurer and must shall be accounted for in the same way as 9 are other state funds. The State Treasurer shall credit all 10 such receipts to the General Revenue Fund and the Legislature 11 shall provide in its General Appropriations Act sufficient 12 sums for the salaries and expenses including premiums on bonds 13 required of all naval stores inspectors appointed under this 14 chapter. 15 Section 40. Section 561.051, Florida Statutes, is 16 amended to read: 17 561.051 Reporting requirements Bond of director and 18 employees.-- 19 (1) The director of the division shall furnish a 20 surety bond by a surety company authorized to do business in 21 this state in the sum of $100,000, payable to the Governor and 22 to be approved by the Comptroller, conditioned upon the 23 faithful performance of his or her duties. He or she shall 24 promptly report and remit to the Treasurer all taxes and fees 25 collected by him or her hereunder and shall send copies a copy 26 of the reports to the Comptroller. 27 (2) All employees and assistants of the division shall 28 be covered by a blanket bond in such amount as determined by 29 the director, conditioned upon the faithful performance of 30 their duties, payable to the state for the use and benefit of 31 the division. 33 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 (3) The premiums on the bond of the director and the 2 blanket bond covering all employees and assistants of the 3 division, as herein provided, shall be paid by the state. 4 Section 41. Section 570.09, Florida Statutes, is 5 amended to read: 6 570.09 Assistant commissioner.--The commissioner shall 7 appoint an assistant commissioner of agriculture, who shall 8 serve at the commissioner's pleasure. Before beginning the 9 duties of the office, the assistant commissioner shall take 10 and subscribe to the same oath of office as required of state 11 officers in s. 5, Art. II of the Florida Constitution and give 12 bond as provided in s. 570.11. The assistant commissioner 13 shall be a person qualified by training and experience for the 14 performance of the duties of the office. 15 Section 42. Subsections (4) and (5) of section 16 570.073, Florida Statutes, are amended to read: 17 570.073 Department of Agriculture and Consumer 18 Services, law enforcement officers.-- 19 (4) Each department law enforcement officer shall be 20 covered by a public employee's faithful-performance-of-duty 21 bond, with a corporate surety authorized to transact insurance 22 in this state, in the sum of $5,000, to be approved by the 23 department, conditioned upon the faithful performance of duty 24 and payable to the commissioner and the commissioner's 25 successors in office. 26 (4)(5) Each law enforcement officer in the state who 27 is certified pursuant to chapter 943 has the same authority as 28 law enforcement officers designated in this section to enforce 29 the laws of this state as described in subsection (1). 30 Section 43. Section 570.11, Florida Statutes, is 31 amended to read: 34 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 222 16-74A-98 1 570.11 Directors; oath of office.--Before entering 2 upon the duties of his or her office, each director of the 3 department shall take and subscribe to the same oath of office 4 as required of state officers by s. 5, Art. II of the Florida 5 Constitution, and give bond with good security to be approved 6 by the Governor; in the sum of $10,000, conditioned upon the 7 faithful discharge of the duties of his or her office. Such 8 oath must shall be filed with the Department of State. 9 Section 44. Subsection (4) of section 582.055, Florida 10 Statutes, is amended to read: 11 582.055 Powers and duties of the Department of 12 Agriculture and Consumer Services; rules.-- 13 (4) The department shall provide for the execution of 14 surety bonds for all employees who are entrusted with funds or 15 property, and it shall provide for an annual audit of the 16 accounts of receipts and disbursements. 17 Section 45. Sections 17.01, 17.19, 113.05, 137.06, 18 137.07, 213.04, 229.501, 281.09, and 321.08, Florida Statutes, 19 and section 523.11, Florida Statutes, as amended by section 20 705 of chapter 97-103, Laws of Florida, are repealed. 21 Section 46. The provisions of this act do not affect a 22 cause of action that accrued before the effective date of the 23 act. 24 Section 47. This act shall take effect July 1, 1998. 25 26 ***************************************** 27 SENATE SUMMARY 28 Repeals provisions that require certain specified public officers and employees to post performance bonds for the 29 faithful performance of their duties. 30 31 35