Bill Text: FL S1490 | 2023 | Regular Session | Introduced

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Bill Title: County Constitutional Officers

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2023-05-05 - Died in Governmental Oversight and Accountability, companion bill(s) passed, see HB 1373 (Ch. 2023-306), CS/CS/CS/HB 1595 (Ch. 2023-156) [S1490 Detail]

Download: Florida-2023-S1490-Introduced.html

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       Florida Senate - 2023                                    SB 1490
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-01784A-23                                          20231490__
    1                        A bill to be entitled                      
    2         An act relating to county constitutional officers;
    3         creating s. 125.691, F.S.; prohibiting a county from
    4         creating any office, special district, or governmental
    5         unit, or expanding the powers or authority of such
    6         office, district, or unit, under certain conditions;
    7         providing that a county commissioner commits
    8         misfeasance or malfeasance in office under certain
    9         conditions; authorizing the state to withhold certain
   10         county funding under certain conditions; authorizing
   11         certain county constitutional officers and residents
   12         to bring an action in circuit court under certain
   13         conditions; authorizing and prohibiting certain
   14         remedies; amending s. 129.01, F.S.; prohibiting a
   15         board of county commissioners’ budget from providing
   16         funding to such offices, districts, and units under
   17         certain conditions; amending s. 129.021, F.S.;
   18         conforming a cross-reference; providing an effective
   19         date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 125.691, Florida Statutes, is created to
   24  read:
   25         125.691 Prohibition against duplicating county
   26  constitutional office powers or authority; penalties; remedies.—
   27         (1) A county may not create any office, special district,
   28  or governmental unit, or expand the powers or authority of any
   29  existing office, special district, or governmental unit, for the
   30  purpose of exercising any power or authority allocated
   31  exclusively to a sheriff, tax collector, property appraiser,
   32  supervisor of elections, or clerk of the court by the State
   33  Constitution or general law.
   34         (2) A county commissioner who votes in favor of a proposed
   35  ordinance to create an office, special district, or governmental
   36  unit, or expand the powers or authority of an existing office,
   37  special district, or governmental unit, for the purpose of
   38  exercising any power or authority allocated exclusively to a
   39  sheriff, tax collector, property appraiser, supervisor of
   40  elections, or clerk of the court by the State Constitution or
   41  general law commits misfeasance or malfeasance in office.
   42         (3) If a county adopts an ordinance pursuant to subsection
   43  (2), the state may withhold all or part of any distribution
   44  under part II of chapter 218 which is otherwise allocable to the
   45  county, other than any distribution exclusively for school
   46  purposes or as required for existing bond debt service, during
   47  the period such ordinance is in force.
   48         (4) A sheriff, tax collector, property appraiser,
   49  supervisor of elections, clerk of the court, or any resident of
   50  a county may bring an action in circuit court against a county
   51  that violates this section. The court may enter a judgment
   52  awarding declaratory and injunctive relief, damages, and costs.
   53  The court may also award reasonable attorney fees to the
   54  prevailing party; however, the court may not award reasonable
   55  attorney fees to a county as the prevailing party.
   56         Section 2. Present paragraphs (b) through (e) of subsection
   57  (2) of section 129.01, Florida Statutes, are redesignated as
   58  paragraphs (c) through (f), respectively, and a new paragraph
   59  (b) is added to that subsection to read:
   60         129.01 Budget system established.—A budget system for the
   61  control of the finances of the boards of county commissioners of
   62  the several counties of the state is established as follows:
   63         (2) The budget must conform to the following general
   64  directions and requirements:
   65         (b) The budget may not provide funding to any office,
   66  special district, or governmental unit exercising any power or
   67  authority allocated exclusively to a sheriff, tax collector,
   68  property appraiser, supervisor of elections, or clerk of the
   69  court by the State Constitution or general law.
   70         Section 3. Section 129.021, Florida Statutes, is amended to
   71  read:
   72         129.021 County officer budget information.—Notwithstanding
   73  other provisions of law, the budgets of all county officers, as
   74  submitted to the board of county commissioners, must be in
   75  sufficient detail and contain such information as the board of
   76  county commissioners may require in furtherance of their powers
   77  and responsibilities provided in ss. 125.01(1)(q), (r), and (v),
   78  and (6) and 129.01(2)(c) 129.01(2)(b).
   79         Section 4. This act shall take effect July 1, 2023.