Bill Text: FL S0696 | 2023 | Regular Session | Comm Sub
Bill Title: Local Officials
Spectrum: Bipartisan Bill
Status: (Failed) 2023-05-05 - Died in Rules [S0696 Detail]
Download: Florida-2023-S0696-Comm_Sub.html
Florida Senate - 2023 CS for SB 696
By the Committee on Community Affairs; and Senator Ingoglia
578-02926-23 2023696c1
1 A bill to be entitled
2 An act relating to local officials; amending s.
3 125.73, F.S.; prohibiting the governing body of a
4 county from renewing or extending the employment
5 contract of a county administrator during a specified
6 timeframe; providing an exception; defining the term
7 “governmental entity”; creating s. 125.75, F.S.;
8 prohibiting the governing body of a county from
9 renewing or extending the employment contract of a
10 county general counsel during a specified timeframe;
11 providing an exception; defining the term
12 “governmental entity”; amending s. 166.021, F.S.;
13 prohibiting the governing body of a municipality from
14 renewing or extending the employment contract of a
15 chief executive officer or municipal general counsel
16 during a specified timeframe; providing exceptions;
17 defining the term “governmental entity”; amending s.
18 1001.50, F.S.; prohibiting a district school board
19 from renewing or extending the employment contract of
20 a superintendent during a specified timeframe;
21 providing an exception; defining the term
22 “governmental entity”; creating s. 1012.336, F.S.;
23 prohibiting a district school board from renewing or
24 extending the employment contract of a district school
25 board general counsel during a specified timeframe;
26 providing an exception; defining the term
27 “governmental entity”; amending s. 112.061, F.S.;
28 conforming cross-references; providing an effective
29 date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Subsection (5) is added to section 125.73,
34 Florida Statutes, to read:
35 125.73 County administrator; appointment, qualifications,
36 compensation.—
37 (5) The governing body of a county may not renew or extend
38 the employment contract of a county administrator within the 8
39 months before a general election for county mayor, if
40 applicable, or for members of the governing body of the county;
41 however, the governing body of a county may do so if the county
42 administrator presents the governing body with a bona fide
43 written offer of employment from another governmental entity as
44 defined in s. 287.012(14).
45 Section 2. Section 125.75, Florida Statutes, is created to
46 read:
47 125.75 County general counsel contract.—The governing body
48 of a county may not renew or extend the contract of a county
49 general counsel within the 8 months before a general election
50 for county mayor, if applicable, or for members of the governing
51 body of the county; however, the governing body of a county may
52 do so if the county general counsel presents the governing body
53 with a bona fide written offer of employment from another
54 governmental entity as defined in s. 287.012(14).
55 Section 3. Present subsection (9) of section 166.021,
56 Florida Statutes, is redesignated as subsection (10), and a new
57 subsection (9) is added to that section, to read:
58 166.021 Powers.—
59 (9)(a) The governing body of a municipality may not renew
60 or extend the employment contract of a chief executive officer
61 of the municipality within the 8 months before a general
62 election for the municipal mayor or for members of the governing
63 body of the municipality; however, the governing body of a
64 municipality may do so if the chief executive officer of the
65 municipality presents the governing body with a bona fide
66 written offer of employment from another governmental entity as
67 defined in s. 287.012(14).
68 (b) The governing body of a municipality may not renew or
69 extend the employment contract of a municipal general counsel
70 within the 8 months before a general election for the municipal
71 mayor or for members of the governing body of the municipality;
72 however, the governing body of a municipality may do so if the
73 municipal general counsel presents the governing body with a
74 bona fide written offer of employment from another governmental
75 entity as defined in s. 287.012(14).
76 Section 4. Subsection (2) of section 1001.50, Florida
77 Statutes, is amended to read:
78 1001.50 Superintendents employed under Art. IX of the State
79 Constitution.—
80 (2) Each district school board shall enter into an
81 employment contract with the district school superintendent and
82 shall adopt rules relating to his or her appointment; however,
83 if the employment contract contains a provision for severance
84 pay, it must include the provisions required by s. 215.425. The
85 district school board may not renew or extend the employment
86 contract of a superintendent within the 8 months before a
87 general election for district school board members; however, the
88 district school board may do so if the superintendent presents
89 the district school board with a bona fide written offer of
90 employment from another governmental entity as defined in s.
91 287.012(14).
92 Section 5. Section 1012.336, Florida Statutes, is created
93 to read:
94 1012.336 Contracts with district school board general
95 counsels.—A district school board may not renew or extend the
96 employment contract of a district school board general counsel
97 within the 8 months before a general election for district
98 school board members; however, a district school board may do so
99 if the district school board general counsel presents the
100 district school board with a bona fide written offer of
101 employment from another governmental entity as defined in s.
102 287.012(14).
103 Section 6. Paragraphs (a) and (c) of subsection (14) of
104 section 112.061, Florida Statutes, are amended to read:
105 112.061 Per diem and travel expenses of public officers,
106 employees, and authorized persons; statewide travel management
107 system.—
108 (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
109 SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
110 ORGANIZATIONS.—
111 (a) The following entities may establish rates that vary
112 from the per diem rate provided in paragraph (6)(a), the
113 subsistence rates provided in paragraph (6)(b), or the mileage
114 rate provided in paragraph (7)(d) if those rates are not less
115 than the statutorily established rates that are in effect for
116 the 2005-2006 fiscal year:
117 1. The governing body of a county by the enactment of an
118 ordinance or resolution;
119 2. A county constitutional officer, pursuant to s. 1(d),
120 Art. VIII of the State Constitution, by the establishment of
121 written policy;
122 3. The governing body of a district school board by the
123 adoption of rules;
124 4. The governing body of a special district, as defined in
125 s. 189.012, except those special districts that are subject to
126 s. 166.021(10) s. 166.021(9), by the enactment of a resolution;
127 or
128 5. Any metropolitan planning organization created pursuant
129 to s. 339.175 or any other separate legal or administrative
130 entity created pursuant to s. 339.175 of which a metropolitan
131 planning organization is a member, by the enactment of a
132 resolution.
133 (c) Except as otherwise provided in this subsection,
134 counties, county constitutional officers and entities governed
135 by those officers, district school boards, special districts,
136 and metropolitan planning organizations, other than those
137 subject to s. 166.021(10) s. 166.021(9), remain subject to the
138 requirements of this section.
139 Section 7. This act shall take effect July 1, 2023.
