House Bill 3381
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h3300-99
h3381
Florida House of Representatives - 1998 HB 3381
By Representative Constantine
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
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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
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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
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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
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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
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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
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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
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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
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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;
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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:
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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.
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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
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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,
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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.--
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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
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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
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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.--
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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
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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
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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
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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.
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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
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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.
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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.
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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:
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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
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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
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