Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for SB 7050
       
       
       
       
       
       
                                Ì888296^Î888296                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1g/F/2R         .                                
             04/26/2023 03:20 PM       .                                
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       Senator Pizzo moved the following:
       
    1         Senate Amendment to Amendment (333316) (with title
    2  amendment)
    3  
    4         Delete lines 1026 - 1047
    5  and insert:
    6         Section 13. Effective upon becoming a law, present
    7  subsections (5) and (6) of section 99.012, Florida Statutes, are
    8  redesignated as subsections (4) and (5), respectively, present
    9  paragraph (b) of subsection (1) of that section is redesignated
   10  as paragraph (c), a new paragraph (b) is added to that
   11  subsection, paragraph (c) is added to present subsection (7) of
   12  that section, and present subsections (4) and (8) of that
   13  section are amended, to read:
   14         99.012 Restrictions on individuals qualifying for public
   15  office.—
   16         (1) As used in this section:
   17         (b) “Qualify” means to fulfill the requirements set forth
   18  in s. 99.061(7)(a) or s. 105.031(5)(a).
   19         (4)(a) Any officer who qualifies for federal public office
   20  must resign from the office he or she presently holds if the
   21  terms, or any part thereof, run concurrently with each other.
   22         (b) The resignation is irrevocable.
   23         (c) The resignation must be submitted at least 10 days
   24  before the first day of qualifying for the office he or she
   25  intends to seek.
   26         (d) The written resignation must be effective no later than
   27  the earlier of the following dates:
   28         1. The date the officer would take office, if elected; or
   29         2. The date the officer’s successor is required to take
   30  office.
   31         (e)1. An elected district, county, or municipal officer
   32  shall submit his or her resignation to the officer before whom
   33  he or she qualified for the office he or she holds, with a copy
   34  to the Governor and the Department of State.
   35         2. An appointed district, county, or municipal officer
   36  shall submit his or her resignation to the officer or authority
   37  which appointed him or her to the office he or she holds, with a
   38  copy to the Governor and the Department of State.
   39         3. All other officers shall submit their resignations to
   40  the Governor with a copy to the Department of State.
   41         (f)1. The failure of an officer who qualifies for federal
   42  public office to submit a resignation pursuant to this
   43  subsection constitutes an automatic irrevocable resignation,
   44  effective immediately, from the office he or she presently
   45  holds.
   46         2. The Department of State shall send a notice of the
   47  automatic resignation to the Governor, and in the case of a
   48  district, county, or municipal officer, a copy to:
   49         a. The officer before whom he or she qualified if the
   50  officer held an elective office; or
   51         b. The officer or authority who appointed him or her if the
   52  officer held an appointive office.
   53         (g) The office is deemed vacant upon the effective date of
   54  the resignation submitted by the official in his or her letter
   55  of resignation.
   56         (6)(7) This section does not apply to:
   57         (c)Persons seeking the office of President or Vice
   58  President of the United States.
   59         (7)(8)Subsection Subsections (3) does and (4) do not apply
   60  to persons holding any federal office. Subsection (4) does not
   61  apply to an elected officer if the term of the office that he or
   62  she presently holds is scheduled to expire and be filled by
   63  election in the same primary and general election period as the
   64  federal office he or she is seeking.
   65         Section 14. Subsection (2) of section 121.121, Florida
   66  Statutes, is amended to read:
   67         121.121 Authorized leaves of absence.—
   68         (2) A member who is required to resign his or her office as
   69  a subordinate officer, deputy sheriff, or police officer because
   70  he or she is a candidate for a public office which is currently
   71  held by his or her superior officer who is also a candidate for
   72  reelection to the same office, in accordance with s. 99.012(4)
   73  s. 99.012(5), shall, upon return to covered employment, be
   74  eligible to purchase retirement credit for the period between
   75  his or her date of resignation and the beginning of the term of
   76  office for which he or she was a candidate as a leave of absence
   77  without pay, as provided in subsection (1).
   78  
   79  ================= T I T L E  A M E N D M E N T ================
   80  And the title is amended as follows:
   81         Delete lines 2599 - 2600
   82  and insert:
   83         office; deleting provisions related to an officer
   84         qualifying for federal public office and having to
   85         resign his or her current position and related
   86         actions; revising applicability; amending s. 121.121,
   87         F.S.; conforming a cross-reference; amending s.
   88         99.021, F.S.; revising the