Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for HB 1445
Ì915478RÎ915478
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R . Floor: C
04/30/2025 06:31 PM . 05/02/2025 07:58 PM
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Senator Grall moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 20.71, Florida Statutes, is created to
6 read:
7 20.71 Residency requirements.—Notwithstanding any other
8 law:
9 (1)(a) Effective October 1, 2025, each of the following
10 persons must be a United States citizen and a resident of this
11 state:
12 1. The secretary of a department.
13 2. The executive director of a department.
14 3. The chief administrative officer of any unit of state
15 government which is housed under a department for administrative
16 purposes but is not subject to the control, supervision, or
17 direction of such department.
18 4. A member of a commission.
19 5. A member of a licensing board.
20 6. The chair of the governing board, or the chief
21 executive, of a statewide entity that is explicitly created or
22 established by statute, regardless of its legal form, for a
23 public purpose or to carry out a government program and that is
24 not under the direct control of a governmental entity.
25 7. Any other person appointed to hold state office in the
26 executive branch of state government.
27 (b) If a person listed in paragraph (a) does not meet the
28 requirements of that paragraph, such person’s office is
29 automatically deemed vacant.
30 (2) Effective January 6, 2027, each member of a state
31 university board of trustees must be a United States citizen and
32 either a resident of this state or a graduate of the state
33 university, the administration of which is overseen by such
34 board of trustees. If any member of a state university board of
35 trustees does not meet the requirements of this subsection, such
36 member’s office is automatically deemed vacant.
37 (3) Effective January 6, 2027, each member of the Board of
38 Governors must be a United States citizen and either a resident
39 of this state or a graduate of a state university as defined in
40 s. 1000.21. If any member of the Board of Governors does not
41 meet the requirements of this subsection, such member’s office
42 is automatically deemed vacant.
43 Section 2. Subsections (1) and (2) of section 104.31,
44 Florida Statutes, are amended to read:
45 104.31 Political activities of state, county, and municipal
46 officers and employees.—
47 (1) No officer or employee of the state, or of any county
48 or municipality thereof, except as hereinafter exempted from
49 provisions hereof, shall:
50 (a) Use his or her official authority or influence for the
51 purpose of interfering with an election or a nomination of
52 office or coercing or influencing another person’s vote or
53 affecting the result thereof.
54 (b) Use his or her official authority or influence to
55 directly or indirectly coerce or attempt to coerce, command,
56 solicit, or advise any other person officer or employee to make
57 a contribution as defined in s. 106.011 or to pay, lend, or
58 contribute any part of his or her salary, or any money, or
59 anything else of value to any political party, candidate for
60 public office, political committee, organization, agency, or
61 person for political purposes. Nothing in this paragraph or in
62 any county or municipal charter or ordinance shall prohibit an
63 officer or employee from suggesting to another person employee
64 in a noncoercive manner that he or she may voluntarily make a
65 contribution as defined in s. 106.011 or pay, lend, or
66 contribute money or anything else of value to any political
67 party, candidate for public office, political committee,
68 organization, agency, or person to a fund which is administered
69 by a party, committee, organization, agency, person, labor union
70 or other employee organization for political purposes.
71 (c) Directly or indirectly coerce or attempt to coerce,
72 command, and advise any such officer or employee as to where he
73 or she might purchase commodities or to interfere in any other
74 way with the personal right of said officer or employee.
75
76 The provisions of this section may shall not be construed so as
77 to prevent any person from becoming a candidate for and actively
78 campaigning for any elective office in this state. All such
79 persons shall retain the right to vote as they may choose and to
80 express their opinions on all political subjects and candidates.
81 The provisions of paragraph (a) may shall not be construed so as
82 to limit the political activity in a general, special, primary,
83 bond, referendum, or other election of any kind or nature, of
84 elected officials or candidates for public office in the state
85 or of any county or municipality thereof; and the provisions of
86 paragraph (a) shall not be construed so as to limit the
87 political activity in general or special elections of the
88 officials appointed as the heads or directors of state
89 administrative agencies, boards, commissions, or committees or
90 of the members of state boards, commissions, or committees,
91 whether they be salaried, nonsalaried, or reimbursed for
92 expense. In the event of a dual capacity of any member of a
93 state board, commission, or committee, any restrictive
94 provisions applicable to either capacity shall apply. The
95 provisions of paragraph (a) shall not be construed so as to
96 limit the political activity in a general, special, primary,
97 bond, referendum, or other election of any kind or nature of the
98 Governor, the elected members of the Governor’s Cabinet, or the
99 members of the Legislature. The provisions of paragraphs (b) and
100 (c) shall apply to all officers and employees of the state or of
101 any county or municipality thereof, whether elected, appointed,
102 or otherwise employed, or whether the activity shall be in
103 connection with a primary, general, special, bond, referendum,
104 or other election of any kind or nature.
105 (2) An employee of the state or any political subdivision
106 may not participate in any political campaign for an elective
107 office while on duty.
108 Section 3. Subsection (4) of section 112.061, Florida
109 Statutes, is amended, and paragraph (j) is added to subsection
110 (3) of that section, to read:
111 112.061 Per diem and travel expenses of public officers,
112 employees, and authorized persons; statewide travel management
113 system.—
114 (3) AUTHORITY TO INCUR TRAVEL EXPENSES.—
115 (j) Reimbursement of transportation expenses as provided in
116 subsection (7) may not be authorized or approved for travel of a
117 person serving in a position described in s. 20.71(1)(a)1., 2.,
118 or 3. between the person’s residence and his or her official
119 headquarters. Per diem and subsistence allowances as provided in
120 subsection (6) may not be authorized or approved for a person
121 serving in a position described in s. 20.71(1)(a)1., 2., or 3.
122 when that person remains overnight in the person’s county of
123 residence. For the purposes of this section, the term
124 “residence” means the dwelling in which the person permanently
125 resides.
126 (4) OFFICIAL HEADQUARTERS.—The official headquarters of a
127 person serving in a position described in s. 20.71(1)(a)1., 2.,
128 or 3. must be the city or town in which the department’s
129 official headquarters is located, and the official headquarters
130 of any other an officer or employee assigned to an office must
131 shall be the city or town in which the office is located except
132 that:
133 (a) The official headquarters of a person located in the
134 field must shall be the city or town nearest to the area where
135 the majority of the person’s work is performed, or such other
136 city, town, or area as may be designated by the agency head
137 provided that in all cases such designation must be in the best
138 interests of the agency and not for the convenience of the
139 person.
140 (b) When any state employee is stationed in any city or
141 town for a period of more than over 30 continuous workdays, such
142 city or town must shall be deemed to be the employee’s official
143 headquarters, and he or she may shall not be allowed per diem or
144 subsistence, as provided in this section, after such the said
145 period of 30 continuous workdays has elapsed, unless this period
146 of time is extended by the express approval of the agency head
147 or his or her designee.
148 (c) A traveler may leave his or her assigned post to return
149 to his or her residence home overnight, over a weekend, or
150 during a holiday, but any time lost from regular duties must
151 shall be taken as annual leave and authorized in the usual
152 manner. The traveler may shall not be reimbursed for travel
153 expenses in excess of the established rate for per diem
154 allowable had he or she remained at his or her assigned post. A
155 person serving in a position described in s. 20.71(1)(a)1., 2.,
156 or 3. may not be reimbursed for travel expenses for travel
157 between the person’s assigned post and residence. However, when
158 a traveler has been temporarily assigned away from his or her
159 official headquarters for an approved period extending beyond 30
160 days, he or she is shall be entitled to reimbursement for travel
161 expenses at the established rate of one round trip for each 30
162 day period actually taken to his or her residence home in
163 addition to pay and allowances otherwise provided.
164 (d) A Lieutenant Governor who permanently resides outside
165 of Leon County, may, if he or she so requests, have an
166 appropriate facility in his or her county designated as his or
167 her official headquarters for purposes of this section. This
168 official headquarters may only serve as the Lieutenant
169 Governor’s personal office. The Lieutenant Governor may not use
170 state funds to lease space in any facility for his or her
171 official headquarters.
172 1. A Lieutenant Governor for whom an official headquarters
173 is established in his or her county of residence pursuant to
174 this paragraph is eligible for subsistence at a rate to be
175 established by the Governor for each day or partial day that the
176 Lieutenant Governor is at the State Capitol to conduct official
177 state business. In addition to the subsistence allowance, a
178 Lieutenant Governor is eligible for reimbursement for
179 transportation expenses as provided in subsection (7) for travel
180 between the Lieutenant Governor’s official headquarters and the
181 State Capitol to conduct state business.
182 2. Payment of subsistence and reimbursement for
183 transportation between a Lieutenant Governor’s official
184 headquarters and the State Capitol shall be made to the extent
185 appropriated funds are available, as determined by the Governor.
186 3. This paragraph expires July 1, 2025.
187 Section 4. Section 112.31251, Florida Statutes, is created
188 to read:
189 112.31251 Definition of the term “office.”—
190 (1)(a) For purposes of s. 5(a), Art. II of the State
191 Constitution, the term “office,” when referring to an office in
192 this state, means any position in state, county, or municipal
193 government to which all of the following apply:
194 1. Delegates to the individual holding such position a
195 portion of the sovereign power of the government.
196 2. Requires the exercise of independent governmental
197 authority, which is performed in an official capacity and is not
198 based solely on a contractual or employment relationship.
199 3. Has a prescribed tenure.
200 4. Exists independently of the individual holding such
201 position.
202 (b) The term “office” includes, but is not limited to, each
203 of the following positions:
204 1. The Governor.
205 2. The Lieutenant Governor.
206 3. A member of the Cabinet.
207 4. A state senator.
208 5. A state representative.
209 6. A county commissioner.
210 7. A sheriff.
211 8. A tax collector.
212 9. A property appraiser.
213 10. A supervisor of elections.
214 11. A clerk of the circuit court.
215 12. A member of the Board of Governors of the State
216 University System.
217 13. A member of a board of trustees for a state university.
218 14. A member of a district school board.
219 15. A member of a state, county, or municipal board or
220 commission that exercises governmental authority and is not
221 purely advisory in nature.
222 16. A member of the Board of Governors for the Citizens
223 Property Insurance Corporation established under s. 627.351(6).
224 17. A member of the board of directors for the Florida
225 Housing Finance Corporation established under s. 420.504.
226 18. A member of the board of directors for the Florida
227 Healthy Kids Corporation established under s. 624.91, other than
228 the member appointed pursuant to s. 624.91(6)(a)9.
229 19. An administrator or a manager of a county, a
230 municipality, or a corporation established under s. 420.504, s.
231 s. 624.91, or s. 627.351(6) who exercises in his or her own
232 right any sovereign power or any prescribed independent
233 authority of a governmental nature.
234 20. The director of a county or municipal emergency
235 management agency who exercises in his or her own right any
236 sovereign power or any prescribed independent authority of a
237 governmental nature.
238 21. A state, county, or municipal law enforcement officer
239 with the authority to arrest without a warrant.
240 22. Any position that meets all the criteria enumerated in
241 paragraph (a).
242 (2) The term “office” does not include either of the
243 following:
244 (a) A legislative designation of an officer to perform ex
245 officio the functions of another office; or
246 (b) The position of an individual whose relationship with a
247 state, county, or municipal government is considered employment.
248 For purposes of this paragraph, the term “employment” means a
249 relationship with a state, county, or municipal government where
250 an individual does not exercise in his or her own right any
251 sovereign power or any prescribed independent authority of a
252 governmental nature.
253 Section 5. Present paragraphs (b), (c), and (d) of
254 subsection (1) and present subsection (8) of section 112.3261,
255 Florida Statutes, are redesignated as paragraphs (c), (d), and
256 (e) of subsection (1) and subsection (9), respectively, a new
257 paragraph (b) is added to subsection (1) and a new subsection
258 (8) is added to that section, and subsection (7) of that section
259 is amended, to read:
260 112.3261 Lobbying before water management districts;
261 registration and reporting.—
262 (1) As used in this section, the term:
263 (b) “Expenditure” has the same meaning as in s. 112.3215.
264 (7) Upon receipt of a sworn complaint alleging that a
265 lobbyist or principal has failed to register with a district,
266 has made a prohibited expenditure, or has knowingly submitted
267 false information in a report or registration required under
268 this section, the commission shall investigate a lobbyist or
269 principal pursuant to the procedures established under s.
270 112.324. The commission shall provide the Governor with a report
271 of its findings and recommendations in any investigation
272 conducted pursuant to this subsection. The Governor is
273 authorized to enforce the commission’s findings and
274 recommendations.
275 (8) Notwithstanding s. 112.3148, s. 112.3149, or any other
276 law, a lobbyist or principal may not make, directly or
277 indirectly, and a district governing board member, executive
278 director, or any district employee who qualifies as a local
279 officer as defined in s. 112.3145(1) may not knowingly accept,
280 directly or indirectly, any expenditure.
281 Section 6. Subsection (1) of section 1001.71, Florida
282 Statutes, is amended to read:
283 1001.71 University boards of trustees; membership.—
284 (1) Pursuant to s. 7(c), Art. IX of the State Constitution,
285 each local constituent university shall be administered by a
286 university board of trustees comprised of 13 members as follows:
287 6 citizen members appointed by the Governor subject to
288 confirmation by the Senate; 5 citizen members appointed by the
289 Board of Governors subject to confirmation by the Senate; the
290 chair of the faculty senate or the equivalent; and the president
291 of the student body of the university. The appointed members
292 shall serve staggered 5-year terms. In order to achieve
293 staggered terms, beginning July 1, 2003, of the initial
294 appointments by the Governor, 2 members shall serve 2-year
295 terms, 3 members shall serve 3-year terms, and 1 member shall
296 serve a 5-year term and of the initial appointments by the Board
297 of Governors, 2 members shall serve 2-year terms, 2 members
298 shall serve 3-year terms, and 1 member shall serve a 5-year
299 term. There shall be no state residency requirement For
300 university board members, but the Governor and the Board of
301 Governors shall consider diversity and regional representation.
302 Beginning July 2, 2020, for purposes of this subsection,
303 regional representation shall include the chair of a campus
304 board established pursuant to s. 1004.341.
305 Section 7. This act shall take effect July 1, 2025.
306
307 ================= T I T L E A M E N D M E N T ================
308 And the title is amended as follows:
309 Delete everything before the enacting clause
310 and insert:
311 A bill to be entitled
312 An act relating to public officers and employees;
313 creating s. 20.71, F.S.; requiring that, beginning on
314 a specified date, secretaries and executive directors
315 of departments, chief administrative officers of
316 certain units of state government, members of
317 commissions and licensing boards, chairs of governing
318 boards or certain chief executives of certain
319 statewide entities, or any persons appointed to hold
320 state office in the executive branch of state
321 government be United States citizens and residents of
322 this state; providing that a specified provision
323 applies to each such offices; requiring that,
324 beginning on a specified date, members of the board of
325 trustees for state universities be United States
326 citizens and residents of this state or graduates of
327 the state university that the board oversees;
328 requiring that, beginning on a specified date, members
329 of the Board of Governors of the State University
330 System be United States citizens and either residents
331 of this state or graduates of a state university;
332 providing that if any such requirements are not met,
333 the office is deemed vacant; amending s. 104.31, F.S.;
334 prohibiting state, county, and municipal officers and
335 employees from using their official authority or
336 influence to solicit another person to make certain
337 contributions; revising construction of provisions
338 relating to political activities of state, county, and
339 municipal officers and employees; amending s. 112.061,
340 F.S.; prohibiting the authorization or approval of
341 reimbursements for travel expenses between the
342 personal residence and official headquarters of
343 persons in specified positions; defining the term
344 “residence”; requiring that the official headquarters
345 for specified positions be the city or town in which
346 the department’s official headquarters is located;
347 prohibiting persons serving in specified positions
348 from being reimbursed for certain travel expenses;
349 creating s. 112.31251, F.S.; defining the term
350 “office” for purposes of s. 5(a), Art. II of the State
351 Constitution; defining the term “employment”; amending
352 s. 112.3261, F.S.; defining the term “expenditure”;
353 requiring the Commission on Ethics to investigate
354 certain lobbyists or principals who make prohibited
355 expenditures; prohibiting lobbyists or principals from
356 making, and district governing board members,
357 executive directors, or certain employees from
358 accepting, any expenditure; amending s. 1001.71, F.S.;
359 conforming a provision to changes made by the act;
360 providing an effective date.