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- New 1983 SENATE AND HOUSE OF REPRESENTATIVES Ch· 2014. 10. 1.· F.S. 1983 SENATE AND HOUSE OF REPRESENTATIVES Ch.IO (d) That part of Santa Rosa County included in census county
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F.S. 1983 SENATE AND HOUSE OF REPRESENTATIVES Ch.IO (d) That part of Santa Rosa County included in census county divisions 20, 25, and 30; and tracts 108.01, 108.02, and 108.03 of census county division 10;and (e) That part of Walton County included in cen- sus county divisions 5 and 15. (3) District 3 is composed of: (a) Bay County, Calhoun County, Franklin Coun- ty, Gulf County, Liberty County, Wakulla County, and Washington County; (b) That part of Okaloosa County included in census county divisions 25 and 35; and tract 230 of census county division 15; and (c) That part of Walton County included in cen- sus county divisions 10 and 20. (4) District 4 is composed of: (a) Citrus County; (b) That part of Hernando County included in census county division 16; (c) That part of Marion County included in cen- sus county divisions 10 and 18; tract 5 of census county division 15; tracts 3 and 4 of census county di- vision 20; tracts 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 of census county division 25; and tract 2 of census county division 30; and (d) That part of Pasco County included in tracts 303, 304, 305, 306, 307, 308, and 309 of census county division 20; and tracts 301, 302, and 310 of census county division 25. (5) District 5 is composed of: (a) Baker County, Bradford County, Columbia County, Hamilton County, Jefferson County, Madi- son County, Suwannee County, Taylor County, and Union County; and (b) That part of Leon County included in census county divisions 10, 15, 20, and 25; and tracts 2, 3, 8, 9, 10.01, 15, 16, 17, 21, 22.01, and 22.02 of census county division 5. (6) District 6 is composed of: (a) Alachua County, Dixie County, Gilchrist County, Lafayette County, Levy County, and Put- nam County; and (b) That part of Marion County included in tract 1 of census county division 30. (7) District 7 is composed of: (a) Nassau County; and (b) That part of Duval County included in tracts 1, 1.99, 2, 2.99, 3, 4, 5, 9, 10, 10.99, 11, 12, 13, 14, 15, 16, 17' 18, 19, 26, 27' 28, 29, 101, 102.01, 102.02, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 120, and 121 of census county divi- sion 35; block groups 1, 2, 7, and 8 of tract 20 of cen- sus county division 35; blocks 301, 302, 303, 304, 605, 606, 607, 608, 609, and 610 of tract 20 of census coun- ty division 35; blocks 101, 102, 103, 104, 105, 106, 107, 108, and 109 of tract 21 of census county division 35; block groups 1 and 5 of tract 25 of census county divi- sion 35; blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217, 218, 306, 307, 308, 309, 310, 311, 318, 319, 320, 321, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 601, 602, 603, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 619, 620, 621, 622, 623, 624, 625, 629, 630, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717' 718, 719, 720, 721, 722, 723, 724, 725, and 726 of tract 25 of census county di- 51 vision 35; block groups 1 and 2 of tract 119. 01 of cen- sus county division 35; and blocks 945, 946, 947, 948, 949, 985, 986, 987, and 988 of tract 119.01 of census county division 35. (8) District 8 is composed of: (a) Clay County; and (b) That part of Duval County included in tracts 6, 7, 8, 22, 23, 24, 119.02, 122, 123, 124, 125, 126.01, 126.02, 127' 128, 129, 130, 131, 132, 133, 134.01, 134.02, 135.01, 135.o2, 136, 137.01, 137.02, 163, 164, 165, 166.02, 167.01, 167.02, and 168 of census county division 35; block groups 4 and 5 of tract 20 of census county division 35; blocks 305, 306, 307, 308, 309, 310, 311, 312, 601, 602, 603, and 604 of tract 20 of census county division 35; block groups 2, 3, 4, 5, 6, and 7 of tract 21 of census county division 35; blocks 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, and 122 of tract 21 of census county division 35; blocks 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 312, 313, 314, 315, 316, 317' 322, 323, 324, 327' 328, 329, 331, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 627, 628, 633, 634, 635, 701, 702, 703, 704, 705, and 706 of tract 25 of census county division 35; block groups 3 and 4 of tract 119.01 of census county division 35; and blocks 938, 977, 978, 979, 981, 982, 983, and 984 of tract 119.01 of census county di- vision 35. (9) District 9 is composed of: (a) Flagler County and St. Johns County; and (b) That part of Duval County included in tracts 138, 138.99, 139.01, 139.02, 139.03, 140, 141, 142, 143.01, 143.02, 144, 145, 146, 147, 148, 149.01, 149.02, 150.01, 150.02, 151, 152, 153, 154, 155, 156, 157, 158.01, 158.02, 159.01, 159.02, 160, 161, 162, and 166.01 of census county division 35. (10) District 10 is composed of that part of Volu- sia County included in census county divisions 1, 6, 10, 20, 25, 35, 40, 45, and 50; tract 908 of census coun- ty division 8; enumeration districts 82, 83, 87, and 88 of tract 909 of census county division 8; and tracts 910.01, 910.02, 910.03, and 910.05 of census county division 18. (11) District 11 is composed of: (a) Lake County and Sumter County; (b) That part of Marion County included in cen- sus county division 5; tract 6 of census county divi- sion 15; and tract 12 of census county division 25; (c) That part of Seminole County included in tracts 214.01, 215.ol, 215.02, 215.03, 215.04, 216.01, 216.02, 216.03, 219.01, 219.02, 220.01, and 220.02 of census county division 9; and tracts 206, 207, 208.01, and 208.02 of census county division 20; and (d) That part of Volusia County included in enu- meration district 84 of tract 909 of census county di- vision 8; and tract 910.04 of census county division 18. (12) District 12 is composed of: (a) That part of Hernando County included in census county divisions 6 and 11; (b) That part of Osceola County included in cen- sus county division 5; (c) That part of Pasco County included in census county divisions 10 and 15; tracts 319, 322, and 323 of census county division 5; and tracts 328 and 331 of census county division 30; and
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F.S. 1983 SENATE AND HOUSE OF REPRESENTATIVES Ch.IO
(d) That part of Santa Rosa County included in census county divisions 20, 25, and 30; and tracts 108.01, 108.02, and 108.03 of census county division 10;and
(e) That part of Walton County included in census county divisions 5 and 15.
(3) District 3 is composed of: (a) Bay County, Calhoun County, Franklin Coun
ty, Gulf County, Liberty County, Wakulla County, and Washington County;
(b) That part of Okaloosa County included in census county divisions 25 and 35; and tract 230 of census county division 15; and
(c) That part of Walton County included in cen-sus county divisions 10 and 20.
(4) District 4 is composed of: (a) Citrus County; (b) That part of Hernando County included in
census county division 16; (c) That part of Marion County included in cen
sus county divisions 10 and 18; tract 5 of census county division 15; tracts 3 and 4 of census county division 20; tracts 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 of census county division 25; and tract 2 of census county division 30; and
(d) That part of Pasco County included in tracts 303, 304, 305, 306, 307, 308, and 309 of census county division 20; and tracts 301, 302, and 310 of census county division 25.
(5) District 5 is composed of: (a) Baker County, Bradford County, Columbia
County, Hamilton County, Jefferson County, Madison County, Suwannee County, Taylor County, and Union County; and
(b) That part of Leon County included in census county divisions 10, 15, 20, and 25; and tracts 2, 3, 8, 9, 10.01, 15, 16, 17, 21, 22.01, and 22.02 of census county division 5.
(6) District 6 is composed of: (a) Alachua County, Dixie County, Gilchrist
County, Lafayette County, Levy County, and Putnam County; and
(b) That part of Marion County included in tract 1 of census county division 30.
(7) District 7 is composed of: (a) Nassau County; and (b) That part of Duval County included in tracts
1, 1.99, 2, 2.99, 3, 4, 5, 9, 10, 10.99, 11, 12, 13, 14, 15, 16, 17' 18, 19, 26, 27' 28, 29, 101, 102.01, 102.02, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 120, and 121 of census county division 35; block groups 1, 2, 7, and 8 of tract 20 of census county division 35; blocks 301, 302, 303, 304, 605, 606, 607, 608, 609, and 610 of tract 20 of census county division 35; blocks 101, 102, 103, 104, 105, 106, 107, 108, and 109 of tract 21 of census county division 35; block groups 1 and 5 of tract 25 of census county division 35; blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 21~ 21~ 216, 217, 218, 306, 307, 308, 309, 310, 311, 318, 319, 320, 321, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 601, 602, 603, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 619, 620, 621, 622, 623, 624, 625, 629, 630, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717' 718, 719, 720, 721, 722, 723, 724, 725, and 726 of tract 25 of census county di-
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vision 35; block groups 1 and 2 of tract 119.01 of census county division 35; and blocks 945, 946, 947, 948, 949, 985, 986, 987, and 988 of tract 119.01 of census county division 35.
(8) District 8 is composed of: (a) Clay County; and (b) That part of Duval County included in tracts
6, 7, 8, 22, 23, 24, 119.02, 122, 123, 124, 125, 126.01, 126.02, 127' 128, 129, 130, 131, 132, 133, 134.01, 134.02, 135.01, 135.o2, 136, 137.01, 137.02, 163, 164, 165, 166.02, 167.01, 167.02, and 168 of census county division 35; block groups 4 and 5 of tract 20 of census county division 35; blocks 305, 306, 307, 308, 309, 310, 311, 312, 601, 602, 603, and 604 of tract 20 of census county division 35; block groups 2, 3, 4, 5, 6, and 7 of tract 21 of census county division 35; blocks 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, and 122 of tract 21 of census county division 35; blocks 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 312, 313, 314, 315, 316, 317' 322, 323, 324, 327' 328, 329, 331, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 627, 628, 633, 634, 635, 701, 702, 703, 704, 705, and 706 of tract 25 of census county division 35; block groups 3 and 4 of tract 119.01 of census county division 35; and blocks 938, 977, 978, 979, 981, 982, 983, and 984 of tract 119.01 of census county division 35.
(9) District 9 is composed of: (a) Flagler County and St. Johns County; and (b) That part of Duval County included in tracts
138, 138.99, 139.01, 139.02, 139.03, 140, 141, 142, 143.01, 143.02, 144, 145, 146, 147, 148, 149.01, 149.02, 150.01, 150.02, 151, 152, 153, 154, 155, 156, 157, 158.01, 158.02, 159.01, 159.02, 160, 161, 162, and 166.01 of census county division 35.
(10) District 10 is composed of that part of Volusia County included in census county divisions 1, 6, 10, 20, 25, 35, 40, 45, and 50; tract 908 of census county division 8; enumeration districts 82, 83, 87, and 88 of tract 909 of census county division 8; and tracts 910.01, 910.02, 910.03, and 910.05 of census county division 18.
(11) District 11 is composed of: (a) Lake County and Sumter County; (b) That part of Marion County included in cen
sus county division 5; tract 6 of census county division 15; and tract 12 of census county division 25;
(c) That part of Seminole County included in tracts 214.01, 215.ol, 215.02, 215.03, 215.04, 216.01, 216.02, 216.03, 219.01, 219.02, 220.01, and 220.02 of census county division 9; and tracts 206, 207, 208.01, and 208.02 of census county division 20; and
(d) That part of Volusia County included in enumeration district 84 of tract 909 of census county division 8; and tract 910.04 of census county division 18.
(12) District 12 is composed of: (a) That part of Hernando County included in
census county divisions 6 and 11; (b) That part of Osceola County included in cen
sus county division 5; (c) That part of Pasco County included in census
county divisions 10 and 15; tracts 319, 322, and 323 of census county division 5; and tracts 328 and 331 of census county division 30; and
Ch. 10 SENATE AND HOUSE OF REPRESENTATIVES F.S.1983
(d) That part of Polk County included in census county division 55; tracts 124, 125, and 126 of census county division 45; and tracts 130 and 131 of census county division 96.
(13) District 13 is composed of: (a) Glades County, Highlands County, and Okee
chobee County; (b) That part of DeSoto County included in enu
meration districts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of census county division 5;
(c) That part of Polk County included in census county divisions 10, 40, and 70; tracts 127 and 141 of census county division 45; and tracts 128, 129, 132, 133, 134, 135, 136, 137.01, 137.02, 138, 139, 140, 145, 146, and 147 of census county division 96; and
(d) That part of St. Lucie County included in census county division 21; and tract 8 of census county division 5.
(14) District 14 is composed of that part of Orange County included in census county divisions 63 and 86; tracts 101, 102, 103, 104, 105, 106, 109, 110, 111, 112, 113, 114, 115, 116, 117.01, 117.02, 118, 119.02, 131, 132, 133, 134.01, 135.01, 135.02, 136.01, 136.02, 137, 138, 139, 140, 141, 142, 143.01, 143.02, 144, 145, 146.01, 146.02, 146.03, 147, 164.02, 168.01, 168.02, 169.01, and 169.02 of census county division 40; and tract 167.02 of census county division 75.
(15) District 15 is composed of: (a) That part of Orange County included in cen
sus county division 5; tracts 107.01, 107.02, 108.01, 108.02, 119.01, 120, 121, 122, 123, 124, 125, 126, 127.01, 127.02 , 128, 129, 130.01 , 130.02, 151.01, 151.02, 152.01, 152.02, 153, 154.01, 154.02, 155.01, 155.02, 156.01, 156.02, 157.01, 157.02, 158.01, 158.02, 159.01, 159.02, 160.01, 160.02, 161, 162, 163.01, 163.02, and 164.01 of census county division 40; and tracts 164.03, 165.01, and 165.02 of census county division 75; and
(b) That part of Seminole County included in tracts 217.01, 217.02, 218.01, 218.02, 220.03, and 222.01 of census county division 9.
(16) District 16 is composed of: (a) Indian River County; (b) That part of Brevard County included in cen
sus county divisions 20, 23, 25, 28, 32, and 40; tracts 625, 629, 630, 631, and 712 of census county division lO;and
(c) That part of St. Lucie County included in tracts 1, 2, 3, 5, 9, 10, 11, 12, and 12.99 of census county division 5; and tract 13 of census county division 11.
(17) District 17 is composed of: (a) That part of Brevard Cc*nty included in cen
sus county divisions 4, 31, 33, ani 35; and tracts 621, 622, 623, 624, 626, 627, and 628 of census county division 10;
(b) That part of Orange County included in census county division 15; tract 134.02 of census county division 40; and tracts 167.01 and 167.03 of census county division 75;
(c) That part of Osceola County included in census county divisions 15 and 20; and
(d) That part of Seminole County included in census county division 15; tracts 214.02, 221.01, 221.02, and 222.02 of census county division 9; and tracts 201.01, 201.02, 202.01, 202.02, 203.01, 203.02,
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204.01, 204.02, 205, 209.01, 209.02, 209.03, 210, and 211 of census county division 20.
(18) District 18 is composed of that part of Pinellas County included in census county division 52; tracts 251.06, 251.07, 251.08, 251.09, 251.10, 251.17, 251.18, 277.01, and 278 of census county division 15; and tracts 201.01, 201.03, 201.04, 201.05, 202.01, 202.02, 202.04, 202.05, 203.01, 203.02, 204, 205, 206, 207, 208, 209.95, 210.95, 212, 213, 213.99, 214, 215, 216.95, 218.95, 219.95, 220, 221, 222, 223.01, 223.02, 224.01, 224.02, 225.01, 226.01, 227' 228.01, 228.02, 229.01, 233, 234, 235, 236, 237, 238, 240.01, 240.02, 240.03, 281.01, 281.02, 282, 283, 284.01, 284.02, and 285 of census county division 50.
(19) District 19 is composed of that part of Pinellas County included in census county division 55; tracts 245.03, 245.04, 253.02, 253.03, 254.01, 254.04, 254.05, 254.06, 254.07, 254.08, 254.09, 255.01, 255.03, 255.04, 256.01, 258, 259.01, 261, 262, 263, 264, 265, 266.01, 266.02, 267.01, 267.02, 267.03, 268.03, 268.04, 268.05, 268.06, 268.07, 269.03, 269.04, 269.05, 269.06, 269.07, 270, 271.01, 271.02, and 271.03 of census county division 20; and tract 245.02 of census county division 50.
(20) District 20 is composed of that part of Pinellas County included in tracts 251.11, 251.12, 251.13, 251.14, 251.15, 251.16, 251.19, and 277.02 of census county division 15; tracts 250.06, 252.03, 252.04, 252.05, 252.06, 252.07, 253.01, 256.02, 257, 259.02, 260.01, 260.02, 260.99, 276.01, and 276.02 of census county division 20; and tracts 225.02, 225.03, 226.02, 229.02, 230.95, 231.95, 232, 239, 241, 242, 243.01, 243.02, 244.03, 244.04, 244.05, 244.06, 244.07, 245.01, 246, 247, 248.01, 248.02, 249.01, 249.02, 249.03; 250.01, 250.03, 250.04, and 250.05 of census county division 50.
(21) District 21 is composed of: (a) That part of Hillsborough County included in
census county division 10; and tracts 4, 26, 46, 47, 58, 59, 64, 65, 71, 72, 72.99, 73, 111, 112.02, 113, 116.01, 116.02, 116.03, 116.04, 116.05, 117.01, 117.02, 118.01, 118.02, 119.01, 119.02, and 119.03 of census county division 65; and
(b) That part of Pasco County included in tracts 320 and 321 of census county division 5; tracts 314, 315, 316, and 317 of census county division 20; tracts 311, 312, 313, and 318 of census county division 25; and tracts 329 and 330 of census county division 30.
(22) District 22 is composed of that part of Hillsborough County included in census county divisions 6, 25, 45, 60, 80, and 85; tracts 136, 136.99, and 137 of census county division 40; and tracts 1, 104, 106, 107, 108.01, 108.02, 108.03, 108.04, 109, 110.01, 110.02, and 112.01 of census county division 65.
(23) District 23 is composed of that part of Hillsborough County included in tracts 135.01 and 135.02 of census county division 40; and tracts 2, 3, 5, 6, 7, 8, ~ 10, 11, 12, 13, 14, 1~ 16, 17, 1& 1~ 20, 21, 22, 23, 24,25,27, 28,29,30,31,32, 33, 34,35,36,37, 38,39, 40, 41, 42, 43, 44, 45, 48, 49, 50, 51, 53, 53.99, 54, 55, 57, 60, 61, 62, 63, 66, 67, 68, 69, 70, 105, 120.01, and 120.02 of census county division 65.
(24) District 24 is composed of: (a) Hardee County and Manatee County; (b) That part of Charlotte County included in
census county division 10;
F.S. 1983 SENATE AND HOUSE OF REPRESENTATIVES Ch.lO
(c) That part of DeSoto County included in census county division 10; and enumeration district 12 of census county division 5; and
(d) That part of Lee County included in census county divisions 32 and 40; and tracts 402 and 403 of census county division 35.
(25) District 25 is composed of: (a) Sarasota County; and (b) That part of Charlotte County included in
census county divisions 4 and 7. (26) District 26 is composed of: (a) That part of Broward County included in
tracts 103.01, 103.02, and 104 of census county division 15; and
(b) That part of Palm Beach County included in tracts 71, 72.01, 72.02, 72.03, 73.01, 73.02, 74.03, 74.04, 74.05, 74.06, 75.01, 75.02, 75.03, 76.01, 76.02, 76.03, 76.04, and 76.05 of census county division 15; tracts 54.02, 54.03, 55, 56, 57, 60.02, 61, 62.01, 62.02, 62.03, 63, 64, 65.01, 65.02, 66.02, 67, 68, 69.02, 74.01, and 74.02 of census county division 20; tracts 44, 51, 52.01, 52.02, 53, and 54.01 of census county division 50; and tracts 18.01, 18.02, 19.01, 19.02, 20, 21, 24, 25, 26, 27, 28, 33, 34, 35.02, 35.03, 36, and 37 of census county division 80.
(27) District 27 is composed of: (a) Martin County; (b) That part of Palm Beach County included in
census county divisions 45, 70, and 77; tract 79.01 of census county division 35; and tracts 14.02, 16, 17, 22, 23, and 35.01 of census county division 80; and
(c) That part of St. Lucie County included in tracts 4, 6, 7, 14, 15, and 16 of census county division 5; tract 17 of census county division 11; and tracts 18, 19, 20, and 21 of census county division 16.
(28) District 28 is composed of: (a) Hendry County; and (b) That part of Palm Beach County included in
census county divisions 10 and 78; tract 70 of census county division 15; tracts 58.01, 58.02, 59.01, 59.02, 60.01, 66.01, and 69.01 of census county division 20; tract 79.02 of census county division 35; tracts 38, 39, 40.01, 40.02, 40.03, 41, 42.01, 42.02, 42.03, 43, 45, 46, 47.01, 47.02, 48.01, 48.02, 48.03, 49, and 50 of census county division 50; and tracts 29, 30, 31.01, 31.02, and 32 of census county division 80.
(29) District 29 is composed of that part of Broward County included in census county divisions 3 and 37; tracts 101, 102, 105, 106, 107, 108, 109, 110, and 301 of census county division 15; tracts 601.01; 601.03, and 602.01 of census county division 43; and tracts 302, 303, 304, 305, 306, 307.01, 307.02, 311, and 312.01 of census county division 50.
(30) District 30 is composed of that part of Broward County included in census county division 10; tracts 405.02, 406, 407, 409, 410, 411, 412, 413, 414, 415,416,417,418,419,420,421,422,422.99,423,424, 425, 426, 427, 428, 429, 430, 431, 432, and 433 of census county division 20; tracts 802, 803, 804.01, and 804.02 of census county division 30; and tracts 601.04, 610.01, 610.02, and 611 of census county division 43.
(31) District 31 is composed of that part of Broward County included in tracts 401, 402.01, 402.02, 403, 404, 405.01, 408, 501, 502.01, 502.02, 503.01, 503.02, 503.03, 503.04, 504, 505, 506, 507, 508, 509, and 510 of census county division 20; tracts 601.02,
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602.02, 602.03, 603, 604, 605.01, 605.02, 606.01, 606.02, 607, 608, and 609 of census county division 43; and tracts 308.01, 308.02, 309, 310, and 312.02 of census county division 50.
(32) District 32 is composed of that part of Broward County included in census county division 25; tracts 801, 805, 901, 901.99, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 916, 917, 918, 919, 920, and 921 of census county division 30; and tracts 1008, 1101, 1102, 1103, and 1104.01 of census county division 38.
(33) District 33 is composed of that part of Dade County included in census county division 20; tracts 5.01, 5.02, 5.03, 47.01, 47.02, and 47.03 of census county division 45; and tracts 100.01, 100.05, 100.06, 100.07, and 100.08 of census county division 85.
(34) District 34 is composed of that part of Dade County included in tracts 101.09, 101.10, and 101.11 of census county division 28; tract 84.01 of census county division 30; tracts 36.02, 48, 49, 50, 51, 52, 53.01, 53.02, 54.01, 54.02, 55.01, 55.02, 56, 57.01, 57.02, 58.01, 58.02, 59.01, 59.02, 59.03, 59.04, 60.01, 60.02, 76.01, 76.02, 76.03, 77.02, and 77.03 of census county division 45; and tracts 85.01, 85.02, and 86 of census county division 120.
(35) District 35 is composed of that part of Dade County included in census county division 35; tracts 26, 27.01, 27.02, 28, 30.ol, 31, 34, 36.01, 37.01, 37.02, 37.99, 61.01, 62, 63.01, 63.02, 64, 65, 66, 67.01, 67.02, 68, 69, 70.01, 70.02, 71, 72, and 73 of census county division 45; and tracts 39.01, 39.02, 39.04, 39.05, 39.06, 40, 41.01, 41.02, 42, 43, 44, 45, and 45.99 of census county division 50.
(36) District 36 is composed of that part of Dade County included in tracts 3.02, 4.01, 4.02, 4.03, 4.04, 4.07, 4.08, 9.01, 9.02, 9.03, 10.01, 10.02, 10.03, 10.04, 11.03, 14, 15.01, 15.02, 17 .ol, 17.02, 17 .03, 18.01, 18.02, 18.03, 19.01, 19.02, 20.01, 20.02, 22.02, 23, 24, 25, 29, and 30.02 of census county division 45; and tracts 94, 95.01, 95.02, 99.03, 99.04, and 100.02 of census county division 85.
(37) District 37 is composed of: (a) That part of Broward County included in
tracts 915, 1104.02, and 1105 of census county division 38; and
(b) That part of Dade County included in tracts 1.03, 1.04, 1.05, 1.06, 2.01, 2.02, 2.03, 2.04, 2.05, 2.06, 2.07, 2.08, 3.01, 3.03, 3.04, 4.05, 4.06, 11.01, 11.02, 11.04, 12.02, 12.03, 12.04, 13, 21, 22.01, 96, 97.01, 97.02, and 98 of census county division 45; tracts 1.01 and 38 of census county division 50; and tracts 99.01 and 99.02 of census county division 85.
(38) District 38 is composed of: (a) Collier County; and (b) That part of Lee County included in census
county divisions 11, 16, 21, 23, 30, 45, and 50; and tract 401 of census county division 35.
(39) District 39 is composed of: (a) Monroe County; and (b) That part of Dade County included in census
county division 25; tracts 78.01, 80, 81, 82.01, 82.03, 82.04, 83.01, 83.02, and 84.03 of census county division 30; and tracts 105, 106.01, 106.02, 106.03, 107.01, 107.02, and 108 of census county division 110.
(40) District 40 is composed of that part of Dade
Ch. 10 SENATE AND HOUSE OF REPRESENTATIVES F.S. 1983
County included in census county divisions 17 and 90; tracts 101.03, 101.08, 101.12, 101.13, and 101.14 of census county division 28; tracts 78.02, 78.03, 79.01, 79.02, 83.03, 84.04, and 84.05 of census county division 30; tracts 61.02, 74, 75.01, 75.02, 75.03, and 76.04 of census county division 45; tracts 102, 103, and 104 of census county division 110; and tracts 77.01, 87, 88.01, 88.02, 89.01, 89.02, and 89.03 of census county division 120.
History.-s. 3, SJR IE, April 7, I982, Special Session.
10.104 Territory not specified for inclusion in any district.-Any portion of the state which is not stated herein as being included in any district described in this resolution but which is entirely surrounded by a district shall be deemed included in that district. Any portion of the state which is not included in any district described in this resolution and which is not entirely surrounded by a district shall be included within that district contiguous to such portion which contains the least population per legislator according to the federal decennial census of 1980
54
of Florida. History.-s. 4, SJR IE, April 7, I982, Special Session.
10.105 Severability.-ln the event any section, subsection, sentence, clause, or phrase of this resolution or any senatorial or representative district established herein shall be declared, determined to be, or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this resolution, or any other districts established herein, which shall remain of full force and effect, as if the section, subsection, sentence, clause, phrase, or district so declared, determined to be, or adjudged invalid or unconstitutional were not originally a part hereof. The Legislature hereby declares that it would have passed the remaining parts of this resolution as if it had known such part or parts hereof would be declared, determined to be, or adjudged invalid or unconstitutional.
History.-s. 6, SJR IE, April 7, I982, Special Session.
F.S. 1983 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING Ch.11
11.011 11.012
11.013
11.02
11.021 11.03 11.031 11.04 11.045
11.05
11.06
11.061
11.062
11.065 11.07 11.075 11.076
11.111
11.12
11.13 11.131 11.141 11.142
11.143 11.144
11.145 11.1465 11.147 11.148
11.149
11.15 11.151
11.23
11.241 11.242
11.2421 11.2422 11.2423
CHAPTER 11
LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING
Special session; called by presiding officers. Extra session convened by legislative mem
bership. Reports of executive officers and other in
formation; available to Legislature. Notice of special or local legislation or cer-
tain relief acts. Evidence of publication of notice. Proof of publication of notice. Official census. Notices declared to be sufficient. Lobbyists; registration and reporting; ex-
emptions; penalties. Oath by lobbyist; penalty for false swear
ing. Member of committee may administer
oath. State employee lobbyists; registration; re
cording attendance; penalty; exemptions.
Use of state funds for lobbying prohibited; penalty.
Claims against state; limitations; notice. Method of enrolling bills, etc. Estimate of economic impact. General laws affecting local financing; spe
cial requirements. Continuance of certain causes for term of
Legislature and period of time prior and subsequent thereto and committee workdays.
Salary, subsistence, and mileage of members and employees; expenses authorized by resolution; appropriation; preaudit by Comptroller.
Compensation of members. Monetary supplements prohibited. Standing and select committees; creation. Standing committees and select commit-
tees; meetings. Standing or select committees; powers. Appointment of advisory committees by
standing committees. Standing committees; records. Services provided to Legislature. Joint Legislative Management Committee. Functions under administration of Joint
Legislative Management Committee. Inapplicability of certain sections of the
Florida Statutes to the Legislative Auditing Committee.
Permanent offices of the Legislature. Annual legislative appropriation to contin
gency fund for use of Senate President and House Speaker.
Location of Joint Legislative Management Committee; interchange of research.
Permanent statutory revision plan created. Powers, duties, and functions as to statuto-
ry revision. Florida Statutes 1983 adopted. Statutes repealed. Laws or statutes not repealed.
55
11.2424 11.2425 11.2427 11.243
11.246 11.25
11.26
11.30 11.39
11.40 11.401
11.41 11.42 11.43
11.44 11.45 11.46 11.47
11.48 11.49 11.50 11.60
11.61 11.611
Laws not repealed. Rights reserved under repealed statutes. Conflict of laws. Publishing Florida Statutes; price, sale;
disposal of obsolete statutes. Distribution of free copies. Salaries and expenditures not subject t o
control of executive agencies. Employees of the Legislature; restrictions
on employment. Legislative staff internships. Legislative Information Technology Re
sour<;e Committee; membership; powers; duties.
Legislative Auditing Committee. Legislative Auditing Committee; annual
audit of financial records and reports. Designation of Auditor General. The Auditor General. Mandatory duties; termination of appoint-
ment. Salaries and expenses. Definitions; duties; audits; reports. Accounting procedures. Penalties; failure to make a proper audit;
making a false audit report; failure to produce documents or information.
Present employees retained. Senate seal and coat of arms. Division of Public Assistance Fraud. Administrative Procedures Committee;
creation; membership; powers; duties. Legislative review of regulatory functions . Legislative review of advisory bodies, com
missions, and boards of trustees adjunct to executive agencies.
11.011 Special session; called by presiding officers.-The President of the Senate and the Speaker of the House of Representatives, by joint proclamation duly filed with the Department of State, may convene the Legislature in special session pursuant to the authority of s. 3, Art. III of the State Constitution. During such special session, only such legislative business may be transacted as is within the purview of the purpose or purposes stated in the proclamation or in a communication from the Governor or is introduced by consent of two-thirds of the membership of each house.
History.- s. 6, ch. 69-52; ss. 10, 35, ch. 69-106.
11.012 Extra session convened by legislative membership.-The Legislature may also be convened in extra session in the following manner: When 20 percent of the members of the Legislature shall execute in writing and file with the Department of State their certificates that conditions warrant the convening of the Legislature into extra session, the Department of State shall, within 7 days after receiving the requisite number of such certificates, poll the members of the Legislature, and upon the affirmative
Ch.11 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING F.S. 1983
vote of three-fifths of the members of both houses, shall forthwith fix the day and hour for the convening of such extra session. Notice thereof shall be given each member by registered mail within 7 days after receiving the requisite number of said certificates. The time for convening of said session shall not be less than 14 days nor more than 21 days from the date of mailing said notices. In pursuance of said certificates, affirmative vote of the membership, and notice, the Legislature shall convene in extra session for all purposes as if convened in regular session; provided, however, that any such extra session shall be limited to a period of 30 days. Should the Department of State fail to receive the requisite number of said certificates requesting the convening of an extra session of the Legislature within a period of 60 days after receipt of the first of said certificates, all certificates previously filed shall be rendered null and void and no extra session shall be called, and said certificates shall not be used at any future time for the convening of the Legislature.
History.- Former s. 2, Art. III of the Constitution of 1885, as amended; converted to statutory law by s. 10, Art. XII of the Constitution as revised in 1968; ss. 10, 35, ch. 69-106.
11.013 Reports of executive officers and other information; available to Legislature. - Each officer of the executive department shall make a full report of his official acts and of the receipts and expenditures of his office and the requirements of the same to the Governor at the beginning of each regular session of the Legislature or whenever the Governor shall require it. Such reports shall be laid before the Legislature by the Governor at the beginning of each regular session thereof. Either house of the Legislature may at any time call upon any officer of the executive department for information required by it.
History.- Former s. 27, Art. IV of the Constitution of 1885, as amended; converted to statutory law by s. 10, Art. XII of the Constitution as revised in 1968.
11.02 Notice of special or local legislation or certain relief acts.-The notice required to obtain special or local legislation or any relief act specified ins. 11.065(3) shall be by publishing the identical notice in each county involved in some newspaper as defined in chapter 50 published in or circulated throughout the county or counties where the matter or thing to be affected by such legislation shall be situated one time at least 30 days before introduction of the proposed law into the Legislature or, there being no newspaper circulated throughout or published in the county, by posting for at least 30 days at not less than three public places in the county or each of the counties, one of which places shall be at the courthouse in the county or counties where the matter or thing to be affected by such legislation shall be situated. Notice of special or local legislation shall state the substance of the contemplated law, as required by s. 10, Art. III of the State Constitution. Notice of any relief act specified in s. 11.065(3) shall state the name of the claimant, the nature of the injury or loss for which the claim is made, and the amount of the claim against the affected municipality's revenue-sharing trust fund.
History.- s. ! , ch 3708, 1887; RS 66; GS 67; RGS 78; CGL 94; s. I , ch. 13791, 1929; s. 2, ch. 69-52; s. 5, ch. 69-216; s. I , ch. 78-302; s. I, ch. 78-307. cf.- ss. 10, 11, Art. III, State Const.
56
11.021 Evidence of publication of notice. -The evidence that such notice has been published shall be established in the Legislature before such bill shall be passed, and such evidence shall be filed or preserved with the bill in the Department of State in such manner as the Legislature shall provide. The fact that such notice was established in the Legislature shall in every case be recited upon the journals of the Senate and of the House of Representatives.
History.-Former s. 21, Art. III of the Constitution of 1885, as amended; converted to statutory law by s. 10, Art. XII of the Constitution as revised in 1968; ss. 10, 35, ch. 69-106.
11.03 Proof of publication of notice.-(1) Affidavit of proof of publication of such no
tice of intention to apply therefor, may be made, in substantially the following general form, but such form shall not be exclusive:
STATE OF FLORIDA COUNTY OF
Before the undersigned authority personally appeared __ , who on oath does solemnly swear (or affirm) that he has knowledge of the matters stated herein; that a notice stating the substance of a contemplated law or proposed bill relating to
(here identify bill) has been published at least 30 days prior to this date, by being printed in the issues of (here state day, month and year of issue or issues) of the __ , a newspaper or newspapers published in __ County or Counties, Florida (or) there being no newspaper, by being posted for at least 30 days prior to this date at three public places in __ County or Counties, one of which places was at the courthouse of said county or counties, where the matter or thing to be affected by the contemplated law is situated; that a copy of the notice that has been published as aforesaid and also this affidavit of proof of publication are attached to the proposed bill or contemplated law, and such copy of the notice so attached is by reference made a part of this affidavit .
Sworn to and subscribed before me this 19
(SEAL) (Signature)
Notary Public, State of Florida. My commission expires _ _
(2) Such affidavit of proof of publication shall be attached to the contemplated law when it is introduced into the Legislature. A true copy of the notice published or posted shall also be attached to the bill when introduced, but it shall not be necessary to enter said published or posted notice, or proof thereof, in the journals. The fact that such notice was established in the Legislature shall in every case be recited upon the journals of the Senate and of the House of Representatives, and the notice published and affidavit of publication thereof shall accompany the bill throughout the Legislature and be preserved as a part thereof in the Department of State.
History.-s. 2, ch. 3708, 1887; RS 67; GS 68; RGS 79; CGL 95; s. I, ch. 13791, 1929; s. 1. ch. 21635. 1943; ss. 10, 35, ch. 69-106.
F.S. 1983 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING Ch.ll
11.031 Official census.-(1) All acts of the Florida Legislature based upon
population and all constitutional apportionments shall be based upon the last federal decennial statewide census.
(2) No special county or district census shall be effective for any purposes other than to ascertain the population for the purpose of interpreting an existing law relating to additional judges of the circuit court and additional county court judges, but no existing population or apportionment act shall be affected by a special census.
(3) The last federal decennial statewide census shall not be effective for the purpose of affecting acts of the Legislature enacted prior thereto which apply only to counties of the state within a stated population bracket until July 1 of the year following the taking of such census.
History.-ss. I, 2, ch. 57-126; ss. I, 2, ch. 59-28; ss. I , chs. 59-410, 59-264; s. 2, ch. 63-572; s. 3, ch. 73-333. cf.-s. 23.019 Population census determination.
s. 8, Art. X, State Const.
11.04 Notices declared to be sufficient.-Any notice heretofore published, now being published, or hereafter published which conforms to the requirements of s. 11.02 shall be sufficient in manner, form and substance; provided, however, any notice by posting in the manner provided by this chapter, which has heretofore been posted in any county or counties having a newspaper, is sufficient in manner, form and substance.
History.- s. 2, ch. 13791, 1929; CGL 1936 Supp. 95(1).
11.045 Lobbyists; registration and reporting; exemptions; penalties.-
(1) As used in this section, unless the context otherwise requires:
(a) "Committee" means the committee of each house charged by the presiding officer with responsibility for ethical conduct of lobbyists.
(b) "Joint legislative office" means a central office designated jointly by the President of the Senate and the Speaker of the House of Representatives. Said office shall be under the immediate responsibility of the Secretary of the Senate and the Clerk of the House of Representatives.
(c) "Principal" means the person, firm, corporation, or other entity which has employed or retained a lobbyist.
(2) All persons, except members of the Florida Legislature, or duly authorized aides designated in writing by such members, who seek to encourage the passage, defeat, or modification of any legislation in the Senate or the House of Representatives, or any committee thereof, shall, before engaging in such lobbying activity in Tallahassee, register with the joint legislative office. Every person required to register as a lobbyist shall register on forms prepared by the joint legislative office and shall state under oath his name, business address, the name and business address of each principal represented, and the general and specific areas of his legislative interest. Separate registration is required for each principal represented. In addition, every registrant shall be required to state under oath the extent of any direct business association or partnership with any current member of
57
the Legislature. All registrations shall be open to the public. Any person who merely appears before a member or committee of the House of Representatives or Senate in his individual capacity for the purpose of self-representation without compensation or reimbursem*nt to express support of or opposition to any legislation, and who shall so declare to the legislator or legislative committee with whom he discusses any proposed legislation, shall not be required to register as a lobbyist.
(3) A lobbyist shall semiannually submit to the joint legislative office a signed statement under oath listing all lobbying expenditures and sources from which funds for making such expenditures have come. The statement of session expenditures shall be filed by July 15 of each year and shall include expenditures for the period from January 1 through June 30. The statement of interim expenditures shall be filed by January 15 and shall include expenditures for the period from July 1 through December 31, including expenditures for any special sessions. Lobbying expenditures shall not include personal expenses for lodging, meals, and travel. Said statements shall be rendered in the form provided by the joint legislative office and shall be open to public inspection. A statement shall be filed even if there have been no expenditures during a reporting period.
(4) A lobbyist, when in doubt about the applicability and interpretation of this section in a particular context, shall submit in writing the facts for an advisory opinion to the committee of the respective house and may appear in person before the committee. The committee shall render advisory opinions to any lobbyist who seeks advice as to whether the facts in a particular case would constitute a violation of this section. The committee shall make sufficient deletions to prevent disclosing the identity of persons in the decisions or opinions. All advisory opinions of the committee shall be numbered, dated, and furnished to the joint legislative office and shall be open to public inspection.
(5) The joint legislative office shall keep all advisory opinions of the committees relating to lobbyists and lobbying activities, as well as a current list of registered lobbyists and their respective reports required under this section, all of which shall be open for public inspection.
(6) The committee of the respective house shall investigate any person engaged in legislative lobbying upon receipt of a sworn complaint alleging a violation of this section. If the committee finds that there has been a violation of this section, it shall report its findings to the President of the Senate or Speaker of the House of Representatives, as appropriate, together with a recommended penalty of reprimand, censure, probation, or prohibition from lobbying for all or any part of the legislative biennium during which the violation occurred. Upon the receipt of such report, the President of the Senate or Speaker of the House of Representatives shall cause the committee report and recommendations to be brought before the respective house and a final determination shall be made by a majority of said house.
(7) Any person who swears falsely to any material fact in any registration statement or report taken under the provisions of this section is guilty of a misde-
Ch.ll LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING F.S. 1983
meanor of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.-s. I , ch. 78-268.
11.05 Oath by lobbyist; penalty for false swearing.-
(1) Whenever any person shall appear before any committee of the Legislature of the state for the purpose of advocating or opposing proposed changes or amendments, or in anywise discussing a measure or matter being considered by such committee, such committee, or any member thereof, may require such person to state upon oath in writing:
(a) Whether or not he appears in his own individ-ual interest; or
(b) In the interest of some other person; and (c) If so the name of such person; and (d) If he has been or is to be paid a fee or any
compensation, directly or indirectly, for such service, or as expenses or otherwise to so appear before such committee; and
(e) When such oath is required by a committee or any member thereof the chairman of the committee shall file the written oath with the Secretary of the Senate and the Clerk of the House, and said oath shall at once be spread upon the journal of each house for the information of the members of the Legislature.
(2) Any person who shall swear falsely as to any material fact in such oath shall be guilty of false swearing, which constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.-ss. I, 2, ch. 5712, 1907; RGS 80, 5342; CGL 96, 7475; s. 7, ch. 71-136; s. 2, ch. 77-104.
11.06 Member of committee may administer oath.-For the purpose of s. 11.05 the chairman or any member of the committee before whom such person may appear, may administer the oath herein provided for.
History.-s. 3, ch. 5712, 1907; RGS 81; CGL 97.
11.061 State employee lobbyists; registration; recording attendance; penalty; exemptions.
(1) Any person employed by any executive, judicial, or quasi-judicial department of the state who seeks to encourage the passage, defeat, or modification of any legislation by personal appearance or attendance before the House of Representatives or the Senate, or any committee thereof, shall, prior thereto, register as a lobbyist with the joint legislative office on a form to be provided by the joint legislative office in the same manner as any other lobbyist is required to register, whether by rule of either house or otherwise. This shall not preclude any person from contacting his legislator regarding any matter during hours other than the established business hours of his respective agency.
(2)(a) Each state employee registered pursuant to the provisions of this section shall:
1. Record with the chairman of the committee any attendance before any committee during established business hours of the agency by which he is employed.
58
2. Record with the joint legislative office any attendance in the legislative chambers, committee rooms, legislative offices, legislative hallways, and other areas in the immediate vicinity during the established business hours of the agency by which he is employed.
(b) Persons who appear before a committee or subcommittee of the House of Representatives or Senate at the request of the committee or subcommittee chairman as a witness or for informational purposes shall be exempt from the provisions of this subsection.
(3) Any state employee who violates any provision of this section by not registering with the joint legislative office as a lobbyist or by failing to re.cord hours spent as a lobbyist in areas and activities as set forth in this section during the established business hours of the agency by which he is employed shall have deducted from his salary an amount equivalent to his hourly wage times the number of hours that he was in violation of this section.
(4) Those persons employed by any executive, judicial, or quasi-judicial department whose position is designated in that department's budget as being used during all, or a portion of, the fiscal year for lobbying shall comply with the provisions of subsection (1), but shall be exempt from the provisions of subsections (2) and (3).
History.-s. I , ch. 74-161; s. 2, ch. 78-268.
11.062 Use of state funds for lobbying prohibited; penalty.-No funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial department shall be used by any state employee or other person for lobbying purposes, which shall include the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs; postage; entertainment; and telephone and telegraph. Any state employee of any executive, judicial, or quasi-judicial department who violates the provisions of this section shall have deducted from his salary the amount of state moneys spent in violation of this section.
History.-s. 2, ch. 74-161.
11.065 Claims against state; limitations; notice.-
(1) No claims against the state shall be presented to the Legislature more than 4 years after the cause for relief accrued. Any claim presented after this time of limitation shall be void and unenforceable.
(2) All relief acts of the Legislature shall be for payment in full. No further claims for relief shall be submitted to the Legislature in the future.
(3) Notice shall be given as provided in s. 11.02 prior to the introduction of any relief act which provides for the payment of the claim from funds scheduled for distribution to a municipality from the revenue-sharing trust fund for municipalities.
History.-ss. I, 2, ch. 26953, 1951; s. 25, ch. 74-382; s. I , ch. 78-307. Note.-Former s. 95.37.
cf.-s. 215.26 Limitation on right to refund from State Treasury.
11.07 Method of enrolling bills, etc.-(1) All bills and joint resolutions passed by the
F.S. 1983 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING Ch.ll
Senate and House of Representatives shall be duly enrolled in black record by typewriting machines or by photographing, on paper, by the Secretary of the Senate or the Clerk of the House, accordingly as the bills or joint resolutions may have originated in the Senate or House, before they shall be presented to the Governor or filed in the Department of State.
(2) Coded indicators of words to be added or deleted from existing sections of the Florida Statutes or the State Constitution, as authorized by the rules of the Senate and House, shall not be deleted upon enrolling of the act. However, such indicators are solely for the convenience of those using the pamphlet and session laws and shall not be considered to constitute a part of the act as passed.
(3) The size, style and quality of the paper to be used shall be prescribed by the Department of State and furnished by it, in sufficient quantities, to the Secretary of the Senate and the Clerk of the House. The cost of said enrolling paper shall be paid for by the Legislature from the appropriation for legislative expense.
History.-ss. 1, 2, ch. 7346, 1917; RGS 82; CGL 98; s. 1, ch. 25005, 1949; s. 1, ch. 29741 , 1955; s. 3, ch. 69-52; ss. 10, 35, ch. 69-106.
11.075 Estimate of economic impact.-Prior to the enactment of any general or special law, each house of the Legislature shall consider the economic impact such legislation will have upon the public and upon the agencies of government assigned to implement or enforce such legislation. For purposes of this section, economic impact shall be defined as in paragraph 120.54 (2)(a). No general or special law shall be declared invalid for failure to comply with the provisions of this act.
History.-s. 3, ch. 76-276; s. 1, ch. 79-400.
11.076 General laws affecting local financing; special requirements.-
(!) Any general law, enacted by the Legislature after July 1, 1978, which requires a municipality or county to perform an activity or to provide a service or facility, which activity, service, or facility will require the expenditure of additional funds, must include an economic impact statement, as defined in s. 11.075, estimating the amount sufficient to cover the total cost to municipalities and counties to implement such activity, service, or facility and must provide a means to finance such activity, service, or facility. Additionally, any general law which grants an exemption or changes the manner by which property is assessed or changes the authorization to levy local taxes must provide a means to finance such exemptions or changes. Such general law shall provide a means to finance the ongoing cost for those municipalities and counties which are providing the activity, service, or facility on the effective date of such law. Except that, where the Legislature determines that a general law serves both state and local objectives, a means to partially finance such activity, service, or facility may be provided by the Legislature. The means of financing such activity, service, or facility may be through remission of additional funds of the state to said municipality or county, through specific authority granted the municipality or county to levy a special tax therefor, or through other sources pro-
59
vided by such law. If financing is provided by means other than the levy of a special tax, the method of financing shall bear a reasonable relationship to the actual costs of performing the activity or providing the service or facility, and shall not reduce, supplant, or adversely affect other state or federal revenues shared with or granted to municipalities or counties. No subsequent legislation shall be deemed to supersede or modify any provision of this act, whether by implication or otherwise, except to the extent that such legislation shall do so expressly; reasons for legislative deviation from this section shall be stated with particularity in the preamble of the act.
(2) This act shall not apply to any general law under which the required expenditure of additional local funds is incidental to the main purpose of the law.
History.-ss. 1, 2, ch. 78-274.
11.111 Continuance of certain causes for term of Legislature and period of time prior and subsequent thereto and committee workdays. -Any proceeding before any court, municipality, or agency of government of this state shall stand continued during any session of the Legislature and for a period of time 15 days prior to any session of the Legislature and 15 days subsequent to the conclusion of any session of the Legislature, and during any period of required committee work and for a period of time 1 day prior and 1 day subsequent thereto, when either attorney representing the litigants is a legislator or when a member of the Legislature is a party or witness or is scheduled to appear before any municipal government, administrative board, or agency, when notice to that effect is given to the convening authority by such member. The immunity herein granted shall extend to any member not an attorney who is engaged in any proceeding before any court or any state, county, or municipal agency or board in a representative capacity for any individual or group or as a witness in any proceeding. After said notice the proceeding may proceed notwithstanding such notice if the party calling such member as a witness shall agree.
History.-s. I, ch. 15995, 1933; CGL 1936 Supp. 4356(1); s. I, ch. 61-176; s. 1, ch. 67-2X; s. I , ch. 70-28; s. 1, ch. 77-119.
N ote.- Former s. 54.08.
11.12 Salary, subsistence, and mileage of members and employees; expenses authorized by resolution; appropriation; preaudit by Comptroller.-
(1) The Treasurer is authorized to pay the salary, subsistence, and mileage of the members of the Legislature, as the same shall be authorized from time to time by law, upon receipt of a warrant therefor of the Comptroller, countersigned by the Governor, for the stated amount. He is authorized to pay the compensation of employees of the Legislature, together with reimbursem*nt for their authorized travel as provided in s. 112.061, and such expense of the Legislature as shall be authorized by law, a concurrent resolution, a resolution of either house, or rules adopted by the respective houses, provided the total amount appropriated to the legislative branch shall not be altered, upon receipt of such warrant therefor. The number, duties, and compensation of the employees of the re-
Ch.11 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING F.S. 1983
spective houses and of their committees shall be ~etermined as provided by the rules of t~e respe~tl~e house or in this chapter. When the Legislature IS m session each legislator's assistant and each legislator's se~retary who change their places of residence in order to attend the session shall be paid subsistence at a rate to be established by the Joint Legislative Management Committee in accordance with policies and procedures adopted by the appropriate ad~inistrative authorities in the respective houses, but m no case shall the subsistence paid exceed the maximum allowable rate as provided in s. 112.061(6). Such assistants and secretaries, in addition to subsistence, shall be paid travel expenses in accordance with ~-112.061(7) and (8) for actual travel between theu homes and the seat of government in order to attend the legislative session and return home, as well as for one round trip during the course of any regular session of the Legislature.
(2) All vouchers covering legislative e~penses shall be preaudited by the Comptroller, and, If found to be correct, state warrants shall be issued therefor.
History.-ss. I, 2, ch. 12077, 1927; CGL 103; ss. I , 2, ch. 21933, I943; ss. I , chs. 23638, 24 I57, I947; s. I , ch. 24997, I949; s. I , ch. 29627, I955; s. I , ch. 57- I 5; ss. 2, 3, ch. 67-37I ; s. 4, ch. 69-52; s. I , ch. 79-2.
11.13 Compensation of members.-(1) The annual salaries of members of the Senate
and House of Representatives, payable in 12 equal monthly installments, shall be:
(a) The President of the Senate and Speaker of the House of Representatives, $25,000 each.
(b) All other members of the Senate and House of Representatives, $12,000 each. . . . .
(2) During the time the Legislature IS m sessiOn, each legislator shall be paid subsistence at a rate to be established by the Joint Legislative Management Committee. Each legislator, in addition to subsistence, shall be paid travel expenses in accordance with s. 112.061(7) and (8) for actual travel between his home and the seat of government for not more than one round trip per week or fraction of a week during any regular, special, or extraordinar~ session of the Legislature or for the convenmg of either the House or Senate for official business.
(3) Members of any standing or select committee or subcommittee thereof shall receive per diem and travel expenses as provided in s. 112.061 from the appropriation for legislative expenses.
(4) Each member of the Legislature s~all b~ en~itled to receive a monthly allowance for mtrad1stnct expenses in a uniform amount set a~nually by the Joint Legislative Management Committee not later than November 1 for the next fiscal year. In setting the amount, the costs of maintaining a legislative district office that provides an appropriate level of constituent services shall be considered. The procedure for disbursem*nt of the monthly intradistrict expense allowed shall be set from time ~o time by the Joint Legislative Management Committee. Such expenses shall be a proper expense of the L~gi~lature and shall be disbursed from the appropnatwn for legislative expense. The expenses provided under ~his subsection shall not include any travel and per d1em reimbursed under subsections (2) and (3) or the rules of either house.
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(5)(a) All expenditures of the S~nate, House_ <?f Representatives, and offices, committees, and divisions of the Legislature shall be made pursuant to and unless changed as provided below, within the limits of budgetary estimates of expenditure for each fiscal year prepared and submitted prior to June_ 15 by the administrative head of each such house, offi~e, committee, or division and approved by the Committee on Rules and Calendar of the Senate and the President of the Senate as to Senate budgets, by the Committee on Administration of the House of Representatives and the Speaker of the House as to House budgets, and by the Joint Legislative Management Committee as to joint committees and the divisions of the Legislature other than the Legislative Auditing Committee and the Auditor General's office . Amounts in the approved estimates of expenditure may be transferred between budgetary units within the Senate, House of Representatives, and joint activities by the original approving authority. Funds may be transferred between items of appropr~ation to the Legislature when approved by the President of the Senate, the Speaker of the House of Representatives and the Joint Legislative Management Committee, provided the total amount appropriate~ to the legislative branch shall not be altered. The Jomt Legislative Management Committee shall formulate and present to each house and office thereof recommendations concerning the form and preparation of such budgets and procedures for their adoption and transmission.
(b) Thirty days prior to the date established by s. 216.023 for submission of legislative budgets by all state agencies to the Governor, all budgetary units required to submit estimates of expenditure~ as provided by paragraph (a) shall annually submit ten~ative estimates of their financial needs for the next fiscal year beginning July 1 to the authorities required by that paragraph so that the financial needs of the Legislature for the ensuing fiscal year may be reported to the Governor by a committee composed of the President of the Senate, the Speaker of the House of Representatives, and the chairman or cochairmen of the Joint Legislative Management Committee, pursuant to ss. 11.148 and 11.40 and as required by s. 216.081.
(c) The Joint Legislative Management Committee shall submit on forms prescribed by the Comptroller requested allotments of appropriations for the fiscal year. It shall be the duty of the Comptroller to release the funds and authorize the expenditures for the legislative branch to be made from the appropriations on the basis of the requested allotments. However, the aggregate of such allotments shall not exceed the total appropriations available for the fiscal year.
(6) The pay of members of the Senate and House of Representatives shall be only as set by law.
History.-s. I , ch. I9626, I939; CGL I940 Supp. I03(1); s. I, ch. 20839, I94I; s. 3, ch. 2I933, I943; s. I , ch. 24999, I 949; s. I , ch. 26539, I95I ; s. 2, ch. 29627, I955; s. I, ch. 57-343; s. I, ch. 57-I988; s. I , ch. 62-7; s. 2, ch. 63-400; s. I, ch. 69-3; s. 5, ch. 69-52; s. 8, ch. 69-82; ss. 3I , 35, ch. 69-I06; s. I , ch. 73-113; s. I, ch. 77-88; s. I, ch. 79-2I5; s. I , ch. 79-224; s. I , ch. 8I-99; s. I , ch. SI-259. cf.- s. I5, Art. III , State Const. Terms and qualifications of legislators.
11.131 Monetary supplements prohibited.
F.S. 1983 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING Ch.11
-All laws or parts of laws, both general or local, which provide a monetary supplement to state legislators from county funds, either as a direct salary supplement or as an expense allowance or as reimbursem*nt for expenses, are hereby repealed. This act shall not be construed to repeal any laws or parts of laws which provide for salaries or expenses to legislative aides or assistants or for the maintenance of a legislative delegation office.
History .-s. 1, ch. 67-602.
11.141 Standing and select committees; creation.-
(1) The Senate is authorized to designate standing committees in such number as it may determine to be necessary, which shall include a committee on rules and calendar.
(2) The House of Representatives is authorized to designate standing committees in such number as it may determine to be necessary, which shall include a committee on rules and calendar and a committee on house administration.
(3) When created and designated by rule of the respective house, such standing committees shall exist until the next ensuing general election, both during and between sessions, and shall be empowered to exercise all lawful functions and authority heretofore exercised by both standing and interim committees, including, but without limitation to, those provided by s. 5, Art. III, State Constitution and by this chapter.
(4) The President of the Senate and the Speaker of the House of Representatives are authorized to appoint select committees of their respective houses and, when they deem it necessary or appropriate, to appoint joint select committees.
History.-s. I, ch. 68-35; s. 7, ch. 69-52; s. 3, ch. 69-216.
11.142 Standing committees and select committees; meetings.-Each standing committee and each select committee shall meet at such times as it shall determine and shall abide by the general rules and regulations adopted by its respective house to govern the conduct of meetings by such committees.
History.-s. 2, ch. 68-35; s. 8, ch. 69-52; s. 2, ch. 81-259.
11.143 Standing or select committees; powers.-
(1) Each standing or select committee or subcommittee thereof is authorized to invite public officials and employees and private individuals to appear before the committee for the purpose of submitting information to it. Each such committee is authorized to maintain a continuous review of the work of the state agencies concerned with its subject area and the performance of the functions of government within each such subject area and for this purpose to request reports from time to time, in such form as the committee shall designate, concerning the operation of any state agency and presenting any proposal or recommendation such agency may have with regard to existing laws or proposed legislation in its subject area.
(2) In order to carry out its duties, each such committee is empowered with the right and authority to inspect and investigate the books, records, papers,
61
documents, data, operation and physical plant of any public agency in this state.
(3)(a) In order to carry out its duties, each such committee, whenever required, may issue subpoena and other necessary process to compel the attendance of witnesses before such committee, and the chairman thereof shall issue said process on behalf of the committee. The chairman or any other member of such committee may administer all oaths and affirmations in the manner prescribed by law to witnesses who shall appear before such committee for the purpose of testifying in any matter concerning which such committee may desire evidence.
(b) Each such committee, whenever required, may also compel by subpoena duces tecum the production of any books, letters, or other documentary evidence it may desire to examine in reference to any matter before it.
(c) Either house during the session may punish by fine or imprisonment any person not a member who shall have been guilty of disorderly or contemptuous conduct in its presence or of a refusal to obey its lawful summons, but such imprisonment shall not extend beyond the final adjournment of the session.
(d) The sheriffs in the several counties or a duly constituted agent of a Florida legislative committee 18 years of age or older shall make such service and execute all process or orders when required by such committees. Sheriffs shall be paid as provided for in s. 30.231.
(4)(a) Whoever willfully affirms or swears falsely in regard to any material matter or thing before any such committee shall be guilty of false swearing, which constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Should any witness fail to respond to the lawful subpoena of any such committee at a time when the Legislature is not in session or, having responded, fail to answer all lawful inquiries or to turn over evidence that has been subpoenaed, such committee may file a complaint before any circuit court of the state setting up such failure on the part of the witness. On the filing of such complaint, the court shall take jurisdiction of the witness and the subject matter of said complaint and shall direct the witness to respond to all lawful questions and to produce all documentary evidence in his possession which is lawfully demanded. The failure of any witness to comply with such order of the court shall constitute a direct and criminal contempt of court, and the court shall punish said witness accordingly.
(5) All witnesses summoned before any such committee shall receive reimbursem*nt for travel expenses and per diem at the rates provided in s. 112.061. However, the fact that such reimbursem*nt is not tendered at the time the subpoena is served shall not excuse the witness from appearing as directed therein.
History.- s. 3, ch. 68-35; s. 9, ch. 69-52; s. 1, ch. 69-72; (3)(c) formerly s. 9, Art. III of the Constitution of 1885, as amended; converted to statutory law by s. 10, Art. XII of ihe Constitution as revised in 1968; s. 8, ch. 71-136; s. 1, ch. 77-121.
11.144 Appointment of advisory committees by standing committees.-Each standing committee may designate such advisory committees as it de-
Ch.ll LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING F.S. 1983
termines to be needed upon approval, authorization, and appointment by the President of the Senate or the Speaker of the House. Advisory committees shall be selected from or composed of such groups of individuals as the parent committee may determine and submit reports at such time and in such manner as the parent committee shall prescribe. Any advisory committee appointed hereunder shall conduct its operations, make its study, and submit its report in accordance with the general rules and regulations of the respective house. Members of advisory committees shall serve without additional compensation, but may be reimbursed for traveling expenses as provided in s. 112.061.
History.-s. 4, ch. 68-35; s. 10, ch. 69-52.
11.145 Standing committees; records.-Following the organizational session, any standing committee which does not have provision for its operation after the general election shall deliver to the executive director of the Joint Legislative Management Committee its books, memoranda, reports, and records having permanent research value. This section shall apply also to any select committee or other legislative study group and to any revision or study commission having at least one-third of its membership composed of members of the Legislature on or prior to the date on which such committee or commission ceases to operate. The joint committee shall deliver the same or copies thereof to any subsequent committee or commission succeeding to substantially the same study area in order to preserve a continuity of information.
History.-s. 5, ch. 68-35; s. 11 , ch. 69-52; s. 1, ch. 72-178; s. 1, ch. 76-94.
11.1465 Services provided to Legislature. -The House of Representatives and the Senate shall be independently responsible for providing the fol lowing services to their respective members and committees:
(1) The drafting of legislation for individual members and committees.
(2) Review of legislation and drafting of amendments.
(3) The preparation of bill summaries. (4) Providing staff facilities comparable in quali
ty and adequacy to those which the Legislature provides for other departments of state government, and, to the extent that funds are available, providing such other adequate expert assistance as may be necessary to assist each house in performing its required functions.
(5) To the extent that funds are available, furnishing each standing committee such professional assistance as may be required in order to provide comprehensive research capabilities for each such committee.
History.-s. 2, ch. 72-178.
11.147 Joint Legislative Management Committee.-
(1) There is hereby created the Joint Legislative Management Committee, which shall consist of three members of the House of Representatives appointed by the Speaker of the House, one of whom shall be a member of the minority party, and three members of
62
the Senate appointed by the President of the Senate, one of whom shall be a member of the minority party.
(2) If a vacancy occurs in the joint committee, the same shall be filled as provided for original appointments.
(3)(a) The joint committee shall meet at times and places necessary to perform the functions assigned to it by law, and shall adopt rules and regulations for its own organization and operation and for the organization and operation of such management divisions as may be deemed advisable from time to time by the joint committee in order to carry out the functions assigned by law to the joint committee. It shall have general administrative responsibility for the operation of such divisions.
(b) There shall be an executive director of the Joint Legislative Management Committee who shall be appointed by majority vote of the joint committee.
(c) The executive director shall coordinate the activities of all of the divisions of the joint committee. He shall have authority to hire and remove personnel of the joint committee and its divisions, except that division directors may be hired and removed by the executive director only with the concurrence of the joint committee.
(d) The executive director and the division directors of the joint committee shall be chosen without reference to political affiliation, solely on the basis of fitness to perform the duties assigned them.
(4) The joint committee shall prepare and adopt rules and procedures governing the following matters:
(a) The purchase or acquisition by the Legislature of all supplies, capital outlay items, and other commodities required for the proper functioning of the Legislature. Such rules and procedures shall govern all legislative purchases as contemplated herein and shall be in accord with, but not limited to, the following requirements:
1. A purchase in excess of $2,500 shall be made only upon competitive bids received.
2. If the director of any division of the Legislature determines that an emergency exists in regard to the purchase of any commodities, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interests of the state, then the provisions herein for competitive bidding shall not apply and the director shall file with the joint committee a statement under oath certifying the conditions and circ*mstances of the emergency. Upon receiving a statement the joint committee may authorize the purchase.
3. There is excepted from bid requirements purchasing agreements, contracts, maximum price regulations executed or approved by the joint committee, and noncompetitive items available from one source only. In connection with the purchase of noncompetitive items only available from one source, a certification of the conditions and circ*mstances requiring the purchase shall be filed with the joint committee. Upon receipt of such certification, the joint committee may, in writing, authorize the purchase.
4. Whenever two or more competitive bids are received, one or more of which relates to commodities manufactured within this state, and whenever all things stated in such received bids are equal with re-
F.S. 1983 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING Ch.ll
spect to price, quality, and service, the commodities manufactured within this state shall be given preference. A similar preference shall be given to commodities manufactured within this state whenever purchases are made without competitive bids, and when practical the joint committee may establish reasonable preferential policies for other commodities giving preference to resident suppliers of this state. Any foreign manufacturing company with a factory in the state and with over 200 employees working in the state shall have preference over any other foreign company where both price and quality are the same, regardless of where the product is manufactured.
5. Any procedures adopted by the joint committee with reference to public printing must comply with the provisions of chapter 283. However, if any division director determines, from the nature of the type printing to be done, that it would be detrimental to the interests of the state to requisition certain printing through the joint committee due to delay incident to giving opportunity for competitive bidding, unusual problems presented, or to any type of emergency, the division director may file with the joint committee a statement under oath certifying his reasons therefor. Upon receipt of the statement, the joint committee may, in writing, authorize the purchase contemplated by the division subject to the provisions of chapter 283.
6. All purchases or acquisition of supplies, capital outlay items, and other commodities within the purview of this section shall be made on the lowest and best bid.
(b) The vouchering of and reimbursem*nt for authorized travel by members and employees of the Legislature.
(c) The adoption and administration of a uniform personnel, job classification, and pay plan for all legislative employees.
(d) Other matters deemed appropriate by the joint committee.
(5) The joint committee shall contract with an actuarial firm for the provision of actuarial services to those standing committees whose areas of responsibility include the retirement systems supported by state funds, to other standing committees requiring such services, and to administrators concerned with the operation of such retirement systems. The cost of such services, whether in the form of actuarial studies or of special projects, shall be considered a proper expense of the Legislature to be paid by the joint committee. However, by agreement between the committee and the administering agency, all or pro rata portions of the cost may be contributed from the funds charged with the costs of administering the respective retirement systems.
(6) The joint committee shall contract with a certified public accountant licensed under the Public Accountancy Law of this state for an annual audit of the financial records and reports of the Legislature and to deliver such audit to the President of the Senate, the Speaker of the House, and the members of the joint committee.
(7) The joint committee shall enter into such other contracts as it shall deem necessary in the performance of its functions.
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(8) Action by a majority vote of the membership of the joint committee shall control and be conclusive on any matter properly concerning the several divisions of the Legislature.
(9) The Joint Legislative Management Committee shall, upon the request of the standing committee of either house of the Legislature having jurisdiction over the area of insurance, retain the services of an actuary who is a Fellow of the Casualty Actuarial Society to assist each such standing committee in developing automobile insurance legislation.
History.-s. 7, ch. 68-35; s. 13, ch. 69-52; s. 1, ch. 71-329; s. 3, ch. 72-178; s. 2, ch. 77-468; s. 1, ch. 78-121.
11.148 Functions under administration of Joint Legislative Management Committee. -The Joint Legislative Management Committee shall be responsible for the administration of the following functions:
(1) Developing uniform policies and procedures relating to the keeping of an inventory record of capital outlay items owned and purchased by the Legislature in accordance with chapter 273.
(2) Preparing suggested budgets in conformity with s. 216.023 for all expenditures of each house, the joint committee, and the divisions of the Legislature and submitting same to the respective presiding officers for their final approval before transmission to the Executive Office of the Governor.
(3) Ascertaining that proper authorization has been obtained for all expenditures of the Legislature.
(4) Preparing all payrolls for the Legislature, including the certification of vouchers and transmission of same to the Comptroller, and maintaining the required and necessary payroll records.
(5) Preparing and certifying all vouchers for expense and capital outlay expenditures for transmission to the Comptroller. Expenditures chargeable to the Senate shall be approved by the President or his duly authorized agent; expenditures chargeable to the House of Representatives shall be approved by the Speaker or his duly authorized agent; expenditures chargeable to the divisions under the joint committee shall be approved by the joint committee or its duly authorized agent. All vouchers covering legislative expenses shall be preaudited by the Comptroller and, if found to be correct, state warrants shall be issued therefor.
(6) Maintaining records of disbursem*nts from the legislative appropriation by offices, divisions or departments, including standing committees, or other categories as needed, indicating a breakdown as to type of disbursem*nts.
(7) Preparing monthly reports of disbursem*nts of the respective houses and joint committee.
(8) Conducting a study of the purchases by the Legislature of commodities as defined ins. 287.012(3) and compiling and coordinating information relative thereto.
(9) Planning and coordinating purchases in volume for the Legislature in order to take advantage of, and secure the economies made possible by, volume purchasing, providing for the negotiation and execution of purchasing agreements and contracts, and establishing methods for obtaining competitive bid prices upon which the Legislature may purchase.
Ch.11 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING F.S.1983
(10) Taking advantage of federal General Services Administration contracts and state contracts negotiated by the Division of Purchasing of the Department of General Services.
(11) Issuing and approving all purchase orders under the authority of the Joint Legislative Management Committee.
(12) Developing uniform purchasing policies and procedures relating to the acquisition of supplies, capital outlay items, and contractual services.
(13) Assisting each house of the Legislature with such personnel services as the joint committee may deem necessary, including but not limited to recruiting of new employees, examining the backgrounds of applicants or new employees and providing for periodic service ratings. However, each house shall retain the authority to hire and remove its own employees and to accept and review applications for employment.
(14) Compiling final reports of the work of each standing committee of the Legislature.
(15) Maintaining and preserving, from biennium to biennium, the books, memoranda, reports, and records of each standing committee having permanent research value.
(16) Listing and maintaining all of the reference materials located within both houses of the Legislature.
(17) Maintaining a library adequate for the needs of the Legislature.
(18) Cooperating and maintaining an exchange service with legislative service agencies of other states, the Federal Government, foreign governments, local units of government in this state, the council of state governments, and other agencies which carry on research in governmental problems, and through cooperation with such agencies, securing information for the members of the Legislature of this state.
(19) Furnishing the presiding officers or members of either house of the Legislature material upon any question of parliamentary law or legislative procedure submitted by any of them.
(20) Preparing periodic subject indexes, sponsor reports, section citators, and similar materials and distributing same as the joint committee shall determine.
(21) Maintaining a permanent and continuous statutory revision plan under the supervision of the joint committee and in the manner provided in ss. 11.242-11.246, including periodic publication of the Florida Statutes.
(22) Maintaining a system of continual distribution of research materials to all legislative standing committee chairmen and staff directors, and providing up-to-date information to all standing committees on available reference material.
(23) Analyzing all prefiled bills and all bills introduced during legislative sessions and, with respect thereto:
(a) Compiling information relating to citations based on statutes affected and on bill number.
(b) Determining the existence of identical, companion, and similar bills.
(c) Determining the classification of bills as general, special, or general laws of local application.
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(d) Compiling any other information which the joint committee may deem necessary.
(24) Maintaining a bill status system supplying such information relating to all prefiled bills and all bills introduced during legislative sessions as the joint committee may deem necessary.
(25) Coordinating all matters relative to legislative printing and carrying out all duties assigned to the joint committee by chapter 283 and as otherwise assigned by law.
(26) Publishing a handbook of all rules, regulations and policies affecting the administration of the committee and its divisions and the joint administration of the Legislature. Such handbook shall be regularly updated and shall be made available to legislators, legislative staff, and the public.
(27) Carrying on such other functions as are determined by the joint committee, with the consent of the presiding officers of both houses of the Legislature, to be joint functions.
History.-s. 7, ch. 25369, 1949; ss. 8, 12, ch. 68-35; ss. 14, 15, 21, 22, ch. 69-52; ss. 22, 31, 35, ch. 69-106; s. 4, ch. 72-178; s. 54, ch. 79-190; s. 3, ch. 81 -259.
Note.- Former ss. 11.148, 11.1481, 11.24.
11.149 Inapplicability of certain sections of the Florida Statutes to the Legislative Auditing Committee.-The amendments toss. 11.141-11.148, 11.23(1), 11.241, 11.242(7)(a), 11.243(3), 11.246(2)(a), 11.25(1), and 11.26 enacted by chapter 68-35, Laws of Florida, shall not apply to the Legislative Auditing Committee or the Auditor General.
History.-s. 23, ch. 68-35; s. 8, ch. 69-82; s. I, ch. 79-164.
11.15 Permanent offices of the Legislature.
(1) The following permanent offices of the Legis-lature are established:
(a) President of the Senate. (b) Speaker of the House of Representatives. (c) President Pro Tempore of the Senate. (d) Speaker Pro Tempore of the House of Rep-
resentatives. (e) Senate Minority Leader. (f) House Minority Leader. (g) Secretary of the Senate. (h) Clerk of the House. (i) Senate Sergeant at Arms. U) House Sergeant at Arms. (2)(a) The President of the Senate, Speaker of
the House, President Pro Tempore of the Senate, Speaker Pro Tempore of the House of Representatives, Secretary of the Senate, Clerk of the House, Sergeant at Arms of the Senate, and Sergeant at Arms of the House shall be elected by the members of their respective houses.
(b) The Senate Minority Leader and the House Minority Leader shall be elected by the members of their respective parties serving in their respective houses and serve until the election of their successors.
(3) Subject to provisions of law and the rules of their respective houses, the President of the Senate, Speaker of the House, Senate Minority Leader, House Minority Leader, Secretary of the Senate, Clerk of the House, Sergeant at Arms of the Senate, and Sergeant at Arms of the House are authorized to
F.S. 1983 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING Ch.ll
incur expenses and employ personnel as may be required to carry out their assigned duties.
History.-s. 3, ch. 19626, 1939; CGL 1940 Supp. 103(3); s. 3, ch. 20839, 1941; s. 5, ch. 21933, 1943; ss. 1, 2, ch. 57-51; s. 1, ch. 59-462; s. 1, ch. 59-75; s. 1, ch. 61-524; s. 1, ch. 63-293; s. 16, ch. 69-52.
11.151 Annual legislative appropriation to contingency fund for use of Senate President and House Speaker.-There is established a legislative contingency fund consisting of $5,000 for the President of the Senate and $5,000 for the Speaker of the House of Representatives, which amounts shall be set aside annually from moneys appropriated for legislative expense. These funds shall be disbursed by the Comptroller upon receipt of vouchers authorized by the President of the Senate or the Speaker of the House. Said funds may be expended at the unrestricted discretion of the President of the Senate or the Speaker of the House in carrying out their official duties during the entire period between the date of their election as such officers at the organizational meeting held pursuant to s. 3(a), Art. III of the State Constitution and the next general election.
History.-s. I , ch. 63-328; s. 17, ch. 69-52.
11.23 Location of Joint Legislative Management Committee; interchange of research.-
(1) The joint committee shall be provided with adequate quarters in a state-owned building in the capitol center, conveniently accessible to the members of the Legislature.
(2) The facilities of the State Library and the state institutions of higher learning and of any other libraries maintained by the state shall be available for the use of the Legislature. Each state department shall, upon request, furnish to the joint committee or its designee such documents or material or certified copies thereof and other information as may be desired by the members of the Legislature or as may be necessary for the joint committee or any of its divisions to perform their functions.
History.-s. 6, ch. 25369, 1949; s. 3, ch. 29673, 1955; s. 11, ch. 68-35; s. 20, ch. 69-52; s. 5, ch. 72-178.
11.241 Permanent statutory revision plan created.-There is created a permanent statutory revision plan to be implemented and maintained under the supervision of the joint committee.
History.-s. 2, ch. 67-472; s. 13, ch. 68-35; ss. 29, ;JO, ch. 69-52; s. 6, ch. 72-178.
11.242 Powers, duties, and functions as to statutory revision.-The powers, duties and functions of the joint committee in the operation and maintenance of a statutory revision program shall be as follows:
(1) To conduct a systematic and continuing study of the statutes and laws of this state for the purpose of reducing their number and bulk, removing inconsistencies, redundancies and unnecessary repetitions and otherwise improving their clarity and facilitating their correct and proper interpretation; and for the same purpose, to prepare and submit to the Legislature reviser's bills and bills for the amendment, consolidation, revision, repeal or other alterations or changes in any general statute or laws or parts thereof of a general nature and application of the preced-
65
ing session or sessions which may appear to be subject to revision. Any revision, either complete, partial or topical, prepared for submission to the Legislature shall be accompanied by revision and history notes relating to the same, showing the changes made therein and the reason for such recommended change.
(2) To carry on the arrangements and identification of the general statutes and laws of the state, as adopted in the Florida Statutes, and the contents of the same, by adding thereto, in the future and in proper place, all new matter belonging therein; this new material to be compiled, revised and republished periodically in continuation of the present systems, matters, tables and other material as contained in the Florida Statutes.
(3) Reviser's bills shall not deal with nor carry forward into the Florida Statutes any statute of any of the following classes:
(a) Statutes relating to, for, or concerning only one or more counties or parts thereof, except in cases where the subject matter of the statute relates to the creation or jurisdiction of state or county courts;
(b) Statutes relating to, for, or concerning and operative in only a portion of the state, except in cases where the subject matter of the statute relates to the creation or jurisdiction of state or county courts;
(c) Statutes relating to, for, or concerning only a certain municipal corporation;
(d) Statutes relating to, for or concerning only one or more designated individuals or corporations;
(e) Statutes incorporating a designated individual corporation or making a grant thereto;
(f) Road designation laws. (4) The published edition of the Florida Statutes,
shall contain the following: (a) The Florida Statutes, as adopted and enacted,
together with the laws of a general nature enacted at any current session of the Legislature and directed to be embodied in said edition.
.(b) The Florida Constitution. (c) Complete indexes of all the material in the
statutes. (d) Such other matters, notes, data, and other
material as may be deemed necessary or admissible by the joint committee for reference, convenience or interpretation.
(5) In carrying on the work of statutory revision and in preparing the Florida Statutes for publication:
(a) All amendments made to any section or chapter, or any part thereof, of the Florida Statutes or session laws of this state by any current session of the Legislature, whenever such amendments in express terms refer to sections or chapters of said statutes or session laws, shall be incorporated with the body of the text of the Florida Statutes.
(b) All sections, chapters or titles of the Florida Statutes or session laws of this state which are expressly repealed by any current session of the Legislature shall be omitted.
(c) All laws of a general and permanent nature which are of general application throughout the state enacted by any current session of the Legislature shall be compiled and included, assigning thereto in all appropriate places such chapter and section iden-
Ch. 11 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING F.S. 1983
tification, by the decimal system of numbering heretofore embodied in the Florida Statutes, as is appropriate and proper, but all chapters and sections so compiled shall be indicated with a history note, clearly showing that said section or chapter was not a part of the revision at the time of its adoption and giving the proper legislative session law chapter and section number. The matter included under the authority of this subsection shall be incorporated as enacted in any current session and shall be prima facie evidence of such law in all courts of the state.
(d) Any two or more sections, chapters or laws; or parts thereof, may be consolidated.
(e) Any section, chapter or law, or part thereof, may be transferred from one location to another.
(f) The form or arrangement of any section, chapter or law, or part thereof, may be altered or changed by transferring, combining or dividing the same.
(g) Subsections, sections, chapters and titles may be renumbered and reference thereto may be changed to agree with such renumbering.
(h) Grammatical, typographical and like errors may be corrected and additions, alterations and omissions, not affecting the construction or meaning of the statutes or laws, may be freely made.
(i) All statutes and laws, or parts thereof, which have expired, become obsolete, been held invalid by a court of last resort, have had their effect or have served their purpose, or which have been repealed or superseded, either expressly or by implication, shall be omitted through the process of reviser's bills duly enacted by the Legislature.
U) All statutes and laws general in form but of such local or limited application as to make their inclusion in the Florida Statutes or any revision or supplement thereof impracticable, undesirable or unnecessary shall be omitted therefrom, without effecting a repeal thereof.
(k) All things relating to form, position, order or arrangement of the revision, not inconsistent with the Florida Statutes system, which may be found desirable or necessary for the improvement, betterment or perfection of same, may be done.
(6)(a) To award contracts from time to time for editorial work in the preparation of copy and other necessary material, and for printing and binding; to pay expenses only of members of revision committees appointed by the joint committee to assist in revision of whole titles or chapters; and to pay for such other things as are authorized to be done and performed as part of a statutory revision program under the laws of this state.
(b) Contracts for printing and binding of any volume of the Florida Statutes shall only be awarded to the lowest and best responsible bidders who are equipped and qualified to do such printing and binding upon bids submitted pursuant to not less than 28 days' notice thereof in one or more newspapers published in this state as defined by chapter 50.
(c) Each such bid for printing and binding shall be accompanied by a certified check, in an amount to be fixed by the joint committee but not less than $500, to evidence the good faith of the bidder.
(d) The successful bidder shall be required to post a good and sufficient bond, in such sum as the joint committee may fix, to guarantee the prompt
66
and faithful performance of the obligations under the said bid and contract made pursuant thereto.
(e) The contract for printing and binding aforesaid shall contain a provision that only the number of copies therein specified will be printed and that all copies printed will be delivered to the joint committee.
(f) The contract may contain such other and further provisions as may be deemed necessary or proper by the joint committee to insure prompt, speedy and efficient execution of the said printing and bind-ing.
(g) Publication of notices of intention to award contracts for work or services other than printing and binding aforesaid, is not required.
(7) To exchange Florida Statutes, and other available publications, with the officers, boards and agencies of other states and of the United States, and with other governments.
(8) To exercise all other powers, duties and functions necessary or convenient for properly carrying out the provisions of this law and all other laws relating to statutory revision.
History.-s. 3, ch. 67-472; s. 14, ch. 68-35; ss. 23, 29, 30, ch. 69-52; s. 1, ch. 70-169; s. 1, ch. 70-439; s. 2, ch. 71-355; s. 7, ch. 72-178; s. 4, ch. 81-259.
11.2421 Florida Statutes 1983 adopted. -The accompanying revision, consolidation, and compilation of the public statutes of 1981 of a general and permanent nature, excepting tables, rules, indexes, and other related matter contained therein, prepared by the joint committee under the provisions of s. 11.242, together with corrections, changes, and amendments to and repeals of provisions of Florida Statutes 1981 enacted in additional reviser's bill or bills by the 1983 Legislature, is adopted and enacted as the official statute law of the state under the title of "Florida Statutes 1983" and shall take effect immediately upon publication. Said statutes may be cited as "Florida Statutes 1983," "Florida Statutes," or "F.S. '83."
History.-s. 1, ch. 20719, 1941; s. 1, ch. 22000, 1943; s. 1, ch. 22858, 1945; s. 1, ch. 24337, 1947; s. 1, ch. 25035, 1949; s. 1, ch. 26484, 1951; s. 1, ch. 27991, 1953; s. 1, ch. 29615, 1955; s. 1, ch. 57-1; s. 1, ch. 59-1; s. 1, ch. 61-1; s. 1, ch. 63-2; s. 1, ch. 65-1; s. 1, ch. 67-1; s. 9, ch. 67-472; s. 1, ch. 69-352; ss. 29, 30, ch. 69-52; s. 1, ch. 71-251; s. 1, ch. 73-70; s. 1, ch. 75-169; s. 1, ch. 77-266; s. 1, ch. 79-281; s. 1, ch. 81-2; s. 1, ch. 83-61.
Note.-Former s. 16.19.
11.2422 Statutes repealed.-Every statute of a general and permanent nature enacted by the State or by the Territory of Florida at or prior to the regular and special 1981 legislative sessions, and every part of such statute, not included in Florida Statutes 1983, as adopted by s. 11.2421, as amended, or recognized and continued in force by reference therein or in ss. 11.2423 and 11.2424, as amended, is repealed.
History.-s. 2, ch. 20719, 1941; s. 2, ch. 22000, 1943; s. 2, ch. 22858, 1945; s. 2, ch. 24337, 1947; s. 2, ch. 25035, 1949; s. 2, ch. 26484, 1951; s. 2, ch. 27991, 1953; s. 2, ch. 29615, 1955; s. 2, ch. 57-1; s. 2, ch. 59-1; s. 2, ch. 61-1; s. 2, ch. 63-2; s. 2, ch. 65-1; s. 2, ch. 67-1; s. 1, ch. 69-352; s. 1, ch. 71-251; s. 1, ch. 73-70; s. 1, ch. 75-169; s. 1, ch. 77-266; s. 1, ch. 79-281; s. 1, ch. 81-2; s. 1, ch. 83-61.
N ote.-Former s. 16.20.
11.2423 Laws or statutes not repealed.-(1) No special or local statute, or statute, local,
limited or special in its nature, shall be repealed by the Florida Statutes, now or hereafter adopted, and, for the purpose of this saving from repeal any statute
F.S. 1983 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING Ch. 11
of the following classes shall be taken to be included in such exception, namely:
(a) Any statutes for or concerning only a certain county or certain designated counties.
(b) Any statute for, or concerning or operative in only a portion of the state.
(c) Any statute for or concerning only a certain municipal corporation.
(d) Any statute for or concerning only a designated individual corporation or corporations.
(e) Any statute incorporating a designated individual corporation, or making a grant thereto.
(f) Any statute of such limited or local application as makes its inclusion in a general statute impracticable or undesirable.
(g) Road designation laws. (h) Severability section in any law. (2) The foregoing enumeration of classes of stat
utes not repealed shall not be construed to imply a repeal of other statutes which are local, limited or special in their nature.
History.-s. 3, ch. 20719, 1941; s. 3, ch. 22000, 1943; s. 3, ch. 22858, 1945; s. 3, ch. 24337, 1947; s. 3, ch. 25035, 1949; s. 3, ch. 26484, 1951; s. 3, ch. 27991, 1953; s. 3, ch. 59-1; s. 3, ch. 77-104.
Note.-Former s. 16.21.
11.2424 Laws not repealed.-Laws enacted at the 1982 regular and special sessions, the March 1983 special session, and the 1983 regular session are not repealed by the adoption and enactment of the Florida Statutes 1983 by s. 11.2421, as amended, but shall have full effect as if enacted after its said adoption and enactment.
History.-s. 4, ch. 20719, 1941; s. 4, ch. 22000, 1943; s. 4, ch. 22858, 1945; s. 4, ch. 24337, 1947; s. 4, ch. 25035, 1949; s. 4, ch. 26484, 1951; s. 4, ch. 27991, 1953; s. 3, ch. 29615, 1955; s. 3, ch. 57-1; s. 1, ch. 57-233; s. 4, ch. 59-1; s. 3, ch. 61-1; s. 3, ch. 63-2; s. 3, ch. 65-1; s. 3, ch. 67-1; s. 1, ch. 69-352; s. 1, ch. 71-251; s. 1, ch. 73-70; s. 1, ch. 75-169; s. 1, ch. 77-266; s. 1, ch. 79-281; s. 1, ch. 81-2; s. 1, ch. 83-61.
Note.-Former s. 16.22.
11.2425 Rights reserved under repealed statutes.-The repeal of any statute by the adoption and enactment of Florida Statutes 1983, by s. 11.2421, as amended, shall not affect any right accrued before such repeal or any civil remedy where a suit is pending.
History.-s. 5, ch. 20719, 1941; s. 5, ch. 22000, 1943; s. 5, ch. 22858, 1945; s. 5, ch. 24337, 1947; s. 5, ch. 25035, 1949; s. 5, ch. 26484, 1951; s. 5, ch. 27991, 1953; s. 4, ch. 29615, 1955; s. 4, ch. 57-1; s. 5, ch. 59-1; s. 4, ch. 61-1; s. 4, ch. 63-2; s. 4, ch. 65-1; s. 4, ch. 67-1; s. 1, ch. 69-352; s. 1, ch. 71-251; s. 1, ch. 73-70; s. 1, ch. 75-169; s. 1, ch. 77-266; s. 1, ch. 79-281; s. 1, ch. 81-2; s. 1, ch. 83-61.
N ote.-Former s. 16.23.
11.2427 Conflict oflaws.-If any section in the civil part of the Florida Statutes, creating a crime or prescribing a punishment, conflicts with any section in the part relating to crimes, the latter shall prevail.
History.-s. 9, ch. 20719, 1941; s. 7, ch. 25035, 1949; s. 7, ch. 26484, 1951. Note.-Former s. 16.27.
11.243 Publishing Florida Statutes; price, sale; disposal of obsolete statutes.-
( I) The joint committee shall continue the statutory revision system heretofore adopted in this state and shall bring the general acts of the Legislature within the revision system, as promptly after the adjournment of the legislative session as possible.
(2) All copies of the Florida Statutes shall be delivered by the printer to the joint committee, which shall distribute copies to state agencies and personnel
67
as provided by law and sell to purchasers at a price to be fixed by the joint committee that will substantially recover printing and handling costs. Any law school bookstore officially designated by the dean of any law school in Florida may submit orders for sets of the Florida Statutes to be distributed by the joint committee. The joint committee shall subsequently remit to the dean of each such law school an amount equal to 16 percent of the selling price for each set so ordered, up to a total of 200 sets for each law school. All sets shall be sold at the established state price.
(3) All moneys collected by the joint committee from such sales shall be deposited in the State Treasury and credited to the appropriation for legislative expense. Any payment on a contract entered into as provided ins. 11.242, other costs of publication, costs of packaging and mailing, and the cost of other legal indexes and publications prepared as part of a statutory revision program, as well as refunds due on moneys collected by the joint committee, shall be expenses of the Legislature and paid as provided in s. 11.148.
(4) All moneys received for the sale of other books paid for out of the legislative appropriation shall be deposited in the State Treasury and credited to the appropriation for legislative expense. Free distribution of legal matter shall be determined by the joint committee based upon need and circ*mstances.
(5) The joint committee is directed to take inventory of obsolete statutes in its custody upon delivery of the latest official statutes following each regular legislative year and is authorized to destroy so many thereof as may appear to exceed all future requirements.
History.-s. 4, ch. 67-472; s. 15, ch. 68-35; ss. 24, 28-30, ch. 69-52; s. 2, ch. 70-245; s. 1, ch. 70-439; s. 2, ch. 71-355; s. 8, ch. 72-178.
11.246 Distribution of free copies.-( I) Two sets of the Florida Statutes and any sup
plementary matter thereto shall be furnished free to members of the Senate and House of Representatives, to the Secretary of the Senate and the Clerk of the House of Representatives, and to the Sergeants at Arms of the Senate and House of Representatives. One set of Florida Statutes and any supplementary matter thereto shall be furnished free only to:
(a) The Governor and the Cabinet officers of the state;
(b) The justices of the Florida Supreme Court and the judges of the Florida court system;
(c) The prosecuting officers in the Florida court system and their assistants; the public defenders and their assistants; the clerks of the circuit court; the sheriffs; the property appraisers; the tax collectors; the superintendents of schools; and the supervisors of elections; and
(d) The justices of the Supreme Court of the United States; the judges of the Eleventh Circuit Court of Appeals of the United States; the federal district judges residing within the state; the Attorney General of the United States; the United States district attorneys and assistants within the state; and the Florida Senators and Representatives in Congress.
(2) Sets of Florida Statutes and any supplemen-
Ch.ll LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING F.S. 1983
tary matter thereto shall be furnished free only for official use upon requisition as follows:
(a) By the offices of President of the Senate, Speaker of the House, Majority Leader of the Senate, Majority Leader of the House, Minority Leader of the Senate, and Minority Leader of the House, upon certification of need by same; by the divisions under the supervision of the Joint Legislative Management Committee, upon certification of need by the directors thereof; by the office of Auditor General, upon certification of need by the Auditor General; by standing committees and for other legislative use in the capitol, upon certification of need by the Secretary of the Senate or Sergeant at Arms of the House; by county delegation offices for use in such offices, upon certification of need by the Secretary of the Senate or Sergeant at Arms of the House;
(b) By any executive department or other administrative unit created by law, under such limitations as prescribed by rule of the joint committee, upon certification of need by the chief executive officer thereof;
(c) By Florida Supreme Court research assistants, library, clerk's office, marshal's office, courtroom, or other official use, upon certification of need by the Supreme Court librarian; by district court of appeal research assistants, clerk's office, marshal's office, courtroom, libraries, or other official use, upon certification of need by the clerk; by circuit courts for use in courtroom or chambers, upon certification of need by the clerk; by county courts for use in courtroom or chambers, upon certification of need by the clerk of the county court;
(d) By state attorneys for use in their offices outside the resident county or for state attorneys' staff, upon certification of need by the state attorney; and by public defenders for use in offices outside of the resident county or for public defenders' staff, upon certification of need by the public defender;
(e) By offices and departments of state universities or as needed by the library of each state-supported university or community college, under such limitation as prescribed by rule of the joint committee, upon certification of need by the president thereof;
(f) By the law libraries, respectively, of Stetson University, the University of Florida, the Florida State University, Nova University, and the University of Miami, upon requisition by the dean of the law college, up to a maximum computed on the basis of one set for every 10 students enrolled during the school year, based upon the average enrollment as certified by the registrar; and
(g) By the faculties of the law colleges, respectively, of Stetson University, the University of Florida, the Florida State University, and the University of Miami, upon requisition by the dean of the law college, up to a maximum of one copy for each member of the faculty.
History.- s. 1, ch. 29736, 1955; s. 3, ch. 63-517; s. 1, ch. 67-441; s. 7, ch. 67-472; s. 17 , ch. 68-35; ss. 29, 30, ch. 69-52; s. 1, ch. 69-300; s. 1, ch. 70-245; s. 9, ch. 72- 178; s. 70, ch. 72-221; s. I , ch. 77-102; ss. I , 2, ch. 79-28; s. 5, ch. 81-259; s. 2, ch. 83-216.
Note.-Former s. 16.501.
11.25 Salaries and expenditures not subject to control of executive agencies.-
(1) The Legislature hereby declares and deter-
68
mines that the employees of the several offices, committees, and other divisions of the Legislature are and shall continue to be groups of employees employed by the Legislature to perform such services as may be provided by law, by rule of the respective house, or directed by the joint committee, whichever is applicable. Such offices, committees and divisions are not agencies of government within the intent of the Legislature as expressed in chapters 216 and 287.
(2) The Department of Administration shall have no power to determine the number or fix the compensation of legislative employees or exercise any manner of control over them. The selection of such employees, the determination of their qualifications and compensation, and the establishment of policies relating to their work, including hours of work, leave, and other matters, shall be the sole prerogative of the Legislature.
History.-s. 9, ch. 25369, 1949; ss. 1-4, ch. 29659, 1955; ss. 2, 3, ch. 67-371; s. 18, ch. 68-35; s. 25, ch. 69-52; ss. 31, 35, ch. 69-106; s. 4, ch. 77-104.
11.26 Employees of the Legislature; restrictions on employment.-
(1) No employee of the Legislature shall: (a) Reveal to any person outside the area of his
direct responsibility the contents or nature of any request for services made by any member of the Legislature, except with the written consent of the person making such request.
(b) Give legal advice on any subject to any person, firm, or corporation, except members of the Legislature.
(c) During his employment by any division of the Legislature, engage in any activity which seeks to influence any legislative action outside the scope of his specific employment.
(2) A violation of any provision of this section by any such employee shall be sufficient cause for his or her immediate dismissal; provided that this section shall not be a limitation on the authority of the Legislature to dismiss or change its employees.
History.-s. 11, ch. 25369, 1949; s. 19, ch. 68-35; s. 26, ch. 69-52; s. I, ch. 75-208. cf.-s. 112.3141 Additional standards of conduct for legislators and legislative
employees.
11.30 Legislative staff internships.-(1) SPONSORING COMMITTEES; CRE
ATION; COMPOSITION; APPOINTMENT.-There is created a House Sponsoring Committee for Legislative Staff Internships and a Senate Sponsoring Committee for Legislative Staff Internships. The President of the Senate may appoint three members of the Senate, designating the chairman, to serve on the Senate Sponsoring Committee, and the Speaker of the House of Representatives may appoint three House members, designating the chairman, to serve on the House Sponsoring Committee. Academic members from the cooperating universities may serve on a sponsoring committee at the discretion of the presiding officer of the house the committee serves. Members shall serve until November 1 of each odd-numbered year. Vacancies shall be filled by appointment in the same manner as the original appointments. Appointments shall be in writing and filed with the Clerk of the House of Representatives or Secretary of the Senate, as appropriate. The pro-
F.S. 1983 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING Ch. 11
gram administrator for each committee may serve as staff director of the committee without vote and may be selected to serve the Senate Sponsoring Committee by the President and to serve the House Sponsoring Committee by the Speaker.
(2) COOPERATING UNIVERSITIES.-Public and private universities in this state which offer programs leading to a degree in disciplines relevant to the legislative process may be entitled to participate as cooperating universities. The Board of Regents of the State University System is authorized to designate as cooperating universities any of the qualified universities in the State University System. The designation of a private university which is accredited by the Southern Association of Schools and Colleges as a cooperating university shall be by the board of trustees or comparable governing body thereof. Each cooperating university may be entitled to one academic member on the sponsoring committee, to be appointed by the cooperating university. However, if there are more than five cooperating universities, the legislative members of the sponsoring committee may select and appoint the five academic members to serve with them on the sponsoring committee from among the nominees designated by the cooperating universities. Three of the five academic members will be designated on a rotating basis by the chairmen to be members of the sponsoring committee.
(3) DUTIES; APPOINTMENTS OF INTERNS.-Each sponsoring committee for legislative staff internships may recruit, select, appoint, fix the stipends for interns, and assign them to appropriate offices of the Legislature for the pursuit of study or research appropriate for professional training. Such interns shall be appointed for a 12-month internship which shall not be renewable.
(4) PROGRAM ADMINISTRATOR-A program administrator for each sponsoring committee may be selected from the staff of an appropriate legislative office designated by the Speaker or the President, as appropriate. The program administrator shall perform the following duties in addition to other duties as the sponsoring committee may direct:
(a) Maintain appropriate committee records. (b) Maintain a file pertinent to each legislative
staff intern during the period of internship. (c) Coordinate the specific work assignment of
legislative staff interns. (d) Coordinate the individual academic require
ments of legislative staff interns with the cooperating universities.
(e) Coordinate the recruitment, screening, and selection process.
(5) PRIVATE GRANTS; STIPENDS.-When a charitable foundation or other donor has made a grant of funds to the Legislature for the payment of the expenses of administration of a legislative staff internship program and for the payment of a share of the monthly stipends to be awarded to such interns and such grant has been approved and accepted by the sponsoring committees, the sponsoring committees shall designate the manner of distribution of such funds to defray the cost of said program.
(6) COMPENSATION AND EX-PENSES.-Members of t~ sponsoring committees shall serve without compensation, but shall be reim-
69
bursed for necessary expenses in connection with the performance of their duties, as provided by law.
(7) MEETINGS.-Each sponsoring committee may hold two regular meetings annually. Special meetings may be called by the committees or by the chairmen, specifying the time and place. The secretary shall notify members at least 5 days in advance of each meeting.
(8) STATEMENT OF POLICY.-Each sponsoring committee shall adopt a statement of policy to be followed by the program administrator and a faculty administrator in the administration of the legislative staff internship programs and for the guidance of legislative offices and commissions desiring to utilize the services of legislative interns.
(9) REPORTS.-In addition to any reports required by the statement of policy, each program administrator may submit a report to the committee at its last meeting in even-numbered years. After the receipt of such reports, the committee shall prepare a report to be submitted to the Speaker or President, as appropriate.
(10) EXPENDITURES.-Expenditures for stipends for interns and for the costs of administering the internship programs, to the extent not paid from other funds, shall be a proper charge against legislative expense and shall be paid upon voucher approved by the chairman of the appropriate sponsoring committee and the approving legislative committee.
History.-ss. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, ch. 67-314; ss. 1, 2, 3, ch. 69-147; ss. 29, 30, ch. 69-52; ss. 10, 35, ch. 69-106; s. 10, ch. 72-178; s. 4, ch. 73-333; s. 1, ch. 76-92.
11.39 Legislative Information Technology Resource Committee; membership; powers; duties.-
(1) There is created a standing joint committee of the Legislature designated the "Legislative Information Technology Resource Committee," composed of six members as follows: three members of the Senate appointed by the President of the Senate and three members of the House of Representatives appointed by the Speaker of the House of Representatives. The terms of members shall be for 2 years and shall run from the organization of one Legislature to the organization of the next Legislature. A vacancy occurring during the interim period shall be filled in the same manner as the original appointment. The members of the committee shall elect a chairman and a vice chairman. During the 2-year term, a member of each house shall serve as chairman for 1 year.
(2) The committee shall: (a) Recommend to the Legislature, at least annu
ally, needed legislation in the area of information technology resource use and management.
(b) Maintain a continuous review of the use and management of information technology resources by the various agencies.
(c) Assist standing committees of the Senate and of the House of Representatives with such services as the joint committee may deem necessary, including, but not limited to, review of agency information technology resource plans as provided in s. 282.307 and evaluation of the overall impact of resource acquisitions on the productivity and services of the agencies.
History.-s. 1, ch. 83-92.
Ch.ll LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING F.S. 1983
11.40 Legislative Auditing Committee. -There is created a standing joint committee of the Legislature designated the Legislative Auditing Committee, composed of 10 members as follows: 5 members of the Senate, to be appointed by the President of the Senate, and 5 members of the House, to be appointed by the Speaker of the House. The terms of members shall be for 2 years and shall run from the organization of one Legislature to the organization of the next Legislature. Vacancies occurring during the interim period shall be filled in the same manner as the original appointment. The members of the committee shall elect a chairman and vice chairman. During the 2-year term, a member of each house shall serve as chairman for 1 year.
History.-s. 1, ch. 67-470; s. 1, ch. 69-82; s. 1, ch. 73-6. Note.-Former s. 11.181.
11.401 Legislative Auditing Committee; annual audit of financial records and reports. -The Legislative Auditing Committee shall contract with a certified public accountant licensed under chapter 473 for an annual audit of the financial records of the Legislative Auditing Committee and the Auditor General. Copies of the audit shall be delivered to the President of the Senate, the Speaker of the House of Representatives, the Auditor General, and the members of the Legislative Auditing Committee. The committee shall not contract with the same certified public accountant or the firm of which he is a member for the purposes of the audit required by this section for more than 2 consecutive years.
History.-s. 1, ch. 73-78.
11.41 Designation of Auditor General.-The Auditor appointed to office under the State Constitution by the Legislature in the manner set forth in s. 11.42 is hereby designated the Auditor General.
History.-s. 2, ch. 67-470; s. 2, ch. 69-82. Note.-Former s. 11.182.
11.42 The Auditor General.-(1) The Auditor General shall be appointed to of
fice by the Legislative Auditing Committee by a majority vote of the members of the committee. At the time of his appointment, the Auditor General shall have been certified under the Public Accountancy Law in this state for a period of at least 10 years and shall have had not less than 10 years' active experience with the Auditor General or not less than 10 years' active practice as a certified public accountant. Vacancies in the office shall be filled in the same manner as the original appointment.
(2)(a) To carry out his duties the Auditor General shall employ qualified persons necessary for the efficient operation of his office and shall fix their duties and compensation and, with the approval of the Legislative Auditing Committee, shall adopt and administer a uniform personnel, job classification, and pay plan for such employees.
(b) No person shall be employed as an auditor who does not possess the qualifications to take the examination for a certificate as certified public accountant under the laws of this state, and no person shall be employed or retained as legal adviser, on ei-
70
ther a full-time or a part-time basis, who is not a member of The Florida Bar.
(c) Any person employed as an accountant or postauditor on the staff of the Auditor General who is qualified to take an examination for the purpose of determining whether or not such person shall be permitted to practice in this state as a certified public accountant, and who takes and passes such examination, shall be entitled to receive a certificate from the State Board of Accountancy, under the provisions of chapter 473, authorizing such person to practice in this state as a certified public accountant upon the completion of 1 year of experience as an accountant or postauditor under the supervision and direction of the Auditor General.
(3) The Auditor General, before entering upon the duties of his office, shall take and subscribe the oath of office required of state officers by the State Constitution.
(4) The Auditor General, before entering upon the duties of his office, shall give bond, with some surety company authorized to do business in Florida as surety, in the amount of $10,000 payable to the President of the Senate and the Speaker of the House and their successors in office and conditioned that he will well and faithfully discharge the duties of his office, promptly report any delinquency or shortage discovered in any accounts and records audited by him, and promptly pay over and account for any and all funds that shall come into his hands as such auditor. If the Auditor General, within 30 days after receiving notice of his appointment, fails to file with the Legislative Auditing Committee the required oath and bond, such appointment shall be of no effect and another appointment shall be made.
(5) All auditors employed by the Auditor General shall be covered by individual bonds or by a blanket position bond. Said bonds or bond shall meet and contain the same conditions as are required in the bond of the Auditor General. All bonds shall be filed with the Legislative Auditing Committee. If an auditor is not covered in the blanket position bond, an individual bond shall be filed within 30 days after such employee receives notice of his employment. The amount of any such bond shall be determined by the Auditor General. Failure thus to file such individual bond or to be covered in the blanket position bond shall terminate his employment.
(6) The annual premium of all bonds shall be paid out of any funds provided for the operation of the office.
(7) The headquarters of the Auditor General shall be at the state capital, but to facilitate auditing and to eliminate unnecessary traveling the Auditor General may establish divisions and assign auditors to each division and determine their duties and the areas of the state to be served by the respective divisions. The Auditor General shall be provided with adequate quarters in a state-owned building in the Capitol Center and shall be furnished such space as may be necessary to carry out his functions in publicly owned buildings in other areas of the state.
(8) The Auditor General may make and enforce reasonable rules and regulations necessary to facilitate audits which he is authorized to perform.
F.S. 1983 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING Ch.11
(9) No officer or full-time employee of the office of Auditor General shall actively engage in any other business or profession; serve as the representative of any political party or on any executive committee or other governing body thereof; serve as an executive, officer, or employee of any political party committee, organization, or association; or be engaged on behalf of any candidate for public office in the solicitation of votes or other activities in behalf of such candidacy. Neither the Auditor General nor any employee of the Auditor General shall become a candidate for election to public office unless he shall first resign from his office or employment.
History.-s. 3, ch. 67-470; s. 3, ch. 69-82. Note.-Former s. 11.183.
11.43 Mandatory duties; termination of appointment.-The duties of the Legislative Auditing Committee and of the Auditor General under law or concurrent resolution are mandatory unless the context clearly indicates otherwise, and failure on the part of the Auditor General to perform such mandatory duties under the direction of the committee shall constitute cause for termination of appointment. The appointment of the Auditor General may be terminated at any time by a majority vote of both houses of the Legislature.
History.-s. 4, ch. 67-470; s. 4, ch. 69-82. Note.-Former s. 11.184.
11.44 Salaries and expenses.-(1)(a) The expenses of the members of the Legis
lative Auditing Committee shall be approved by the chairman of the committee and paid from the appropriation for legislative expense.
(b) The Auditor General shall prepare and submit annually to the Legislative Auditing Committee a proposed budget for the ensuing fiscal year. The committee shall review the budget request and may amend or change the budget request as it deems necessary. The budget request, as amended or changed by the committee, shall become the operating budget of the Auditor General for the ensuing fiscal year; provided that the budget so adopted may subsequently be amended under the same procedure.
(c) Within the limitations of the approved operating budget, the salaries and expenses of the Auditor General and his staff shall be paid from the appropriation for legislative expense or any other moneys appropriated by the Legislature for that purpose. The Auditor General shall approve all bills for salaries and expenses, except expenses of members of the Legislative Auditing Committee, before the same shall be paid.
(d) All payrolls and vouchers prepared by the Auditor General for the operations of his office shall be submitted directly to the Comptroller for preaudit and, if found to be correct, state warrants shall be issued therefor. The Auditor General shall submit a quarterly report of such expenditures, including expenditures of the committee, to the Legislative Auditing Committee, the President of the Senate, the Speaker of the House, the Secretary of the Senate, the Clerk of the House, and the Joint Legislative Management Committee.
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(2) The Legislature hereby declares and determines that the Legislative Auditing Committee is a standing committee of the Legislature with interim powers and that the Auditor General is an office under the legislative branch of government; they are not agencies of government within the intention of the Legislature as expressed in chapter 216, and no power shall rest in the Executive Office of the Governor or its successor to release or withhold funds appropriated to them, but the same shall be available for expenditure as provided by law and the rules or decisions of the committee. The Department of Administration or its successor shall have no power to determine the number or fix the compensation of the employees of the committee or of the Auditor General or to exercise any manner of control over them. The Legislative Auditing Committee shall submit to the Joint Legislative Management Committee, for planning purposes only, an estimate of the financial needs of the committee and the Auditor General.
History.-s. 5, ch. 67-470; s. 5, ch. 69-82; ss. 31, 35, ch. 69-106; s. 5, ch. 77-104; s. 55, ch. 79-190.
N ote.- Former s. 11.185.
11.45 Definitions; duties; audits; reports.(1) As used in this section: (a) "County agency," for the exclusive purposes of
this section, means a board of county commissioners or other legislative and governing body of a county, however styled, including that of a consolidated or metropolitan government, a clerk of the circuit court, a separate or ex officio clerk of the county court, a sheriff, a property appraiser, a tax collector, a supervisor of elections, or any other officer in whom any portion of the fiscal duties of the above are under law separately placed. Each county agency is a local governmental entity for purposes of subparagraph (3)(a)3.
(b) "Financial audit" means an examination of financial statements in order to express an opinion on the fairness with which they present financial position, results of operations, and changes in financial position in conformity with generally accepted governmental accounting principles and an examination to determine whether operations are properly conducted in accordance with legal and regulatory requirements.
(c) "Governmental entity" means a state agency, a county agency, or any other entity, however styled, that independently exercises any type of state or local governmental function.
(d) "Local governmental entity" means a county agency, municipality, or special district as defined by s. 218.31(5), but does not include any housing authority created pursuant to chapter 421.
(e) "Management letter" means a statement of the auditor's comments and recommendations.
(f) "Performance audit" means an examination of the effectiveness of administration and its efficiency and adequacy in terms of the program of the state agency authorized by law to be performed.
(g) "Political subdivision" means a separate agency or unit of local government created or established by law and includes, but is not limited to, the following and the officers thereof: authority, board, branch, bureau, city, commission, consolidated government,
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county, department, district, institution, metropolitan government, municipality, office, officer, public corporation, town, or village.
(h) "State agency" means a separate agency or unit of state government created or established by law and includes, but is not limited to, the following and the officers thereof: authority, board, branch, bureau, commission, department, division, institution, office, officer, or public corporation, as the case may be, except any such agency or unit within the legislative branch of state government.
(2) The Auditor General shall make financial audits and performance audits of public records and perform related duties as prescribed by law or concurrent resolution of the Legislature. He shall perform his duties independently but under the general policies established by the Legislative Auditing Committee.
(3)(a)l. The Auditor General shall annually make financial audits of the accounts and records of all state agencies, as defined in this section, of all district school boards, and of all district boards of trustees of community colleges. Nothing herein shall limit the Auditor General's discretionary authority to conduct performance audits of these governmental entities as authorized in subparagraph 2.
2. The Auditor General may at any time make financial audits and performance audits of the accounts and records of all governmental entities created pursuant to law. The audits referred to in this subparagraph shall be made whenever determined by the Auditor General, whenever directed by the Legislative Auditing Committee, or whenever otherwise required by law or concurrent resolution.
3. If by July 1 in any fiscal year a local governmental entity has not been notified that a financial audit for that fiscal year will be performed by the Auditor General pursuant to subparagraph 2., each municipality with either revenues or expenditures of more than $100,000, each special district with either revenues or expenditures of more than $25,000, and each county agency shall require that an annual financial audit of its accounts and records be completed, within 6 months after the end of its respective fiscal year, by an independent certified public accountant retained by it and paid from its public funds. A management letter shall be prepared and included as a part of each financial audit report. The county audit shall be one document which shall include a separate audit of each county agency. The county audit shall be a single report. The governing body of a county shall be responsible for selecting an independent certified public accountant to audit the county agencies of the county according to the following procedure:
a. In each noncharter county, an auditor selection committee shall be established, consisting of the county officers elected pursuant to s. 1(d), Art. VIII, State Constitution, and one member of the board of county commissioners or its designee.
b. The committee shall publicly announce, in a uniform and consistent manner, each occasion when auditing services are required to be purchased. Public notice shall include a general description of the audit and shall indicate how interested certified public accountants can apply for consideration.
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c. The committee shall encourage firms engaged in the lawful practice of public accounting who desire to provide professional services to submit annually a statement of qualifications and performance data.
d . Any certified public accountant desiring to provide auditing services must first be qualified pursuant to law. The committee shall make a finding that the firm or individual to be employed is fully qualified to render the required service. Among the factors to be considered in making this finding are the capabilities, adequacy of personnel, past record, and experience of the firm or individual.
e. The committee shall adopt procedures for the evaluation of professional services, including, but not limited to, capabilities, adequacy of personnel, past record, experience, and such other factors as may be determined by the committee to be applicable to its particular requirements.
f. The public shall not be excluded from the proceedings under this subparagraph.
g. The committee shall evaluate current statements of qualifications and performance data on file with the committee, together with those that may be submitted by other firms regarding the proposed audit, and shall conduct discussions with, and may require public presentations by, no fewer than three firms regarding their qualifications, approach to the audit, and ability to furnish the required service.
h. The committee shall select no fewer than three firms deemed to be the most highly qualified to perform the required services after considering such factors as the ability of professional personnel; past performance; willingness to meet time requirements; location; recent, current, and projected workloads of the firms; and the volume of work previously awarded to the firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms , provided such distribution does not violate the principle of selection of the most highly qualified firms. If fewer than three firms desire to perform the services, the committee shall recommend such firms as it determines to be qualified.
i. Nothing in this subparagraph shall be construed to prohibit contracts for a period in excess of 1 year.
j. If the board of county commissioners receives more than one proposal for the same engagement, the board may rank, in order of preference, the firms to perform the engagement. The firm ranked first may then negotiate a contract with the board giving, among other things, a basis of its fee for that engagement. Should the board be unable to negotiate a satisfactory contract with that firm, negotiations with that firm shall be formally terminated, and the board shall then undertake negotiations with the second-ranked firm. Failing accord with the second-ranked firm, negotiations shall then be terminated 1 with that firm and undertaken with the third-ranked firm. Negotiations with the other ranked firms shall be undertaken in the same manner. The board, in negotiating with firms, may reopen formal negotiations with any one of the three top-ranked firms, but it may not negotiate with more than one firm at a time. The board shall also negotiate on the scope and quality of services. In making such determination, the board shall conduct a de-
F.S.1983 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING Ch. 11
tailed analysis of the cost of the professional services required in addition to considering their scope and complexity. For contracts over $50,000, the board shall require the firm receiving the award to execute a truth-in-negotiation certificate stating that the rates of compensation and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. Such certificate shall also contain a description and disclosure of any understanding that places a limit on current or future years' audit contract fees, including any arrangements under which fixed limits on fees will not be subject to reconsideration if unexpected accounting or auditing issues are encountered. Such certificate shall also contain a description of any services rendered by the certified public accountant or firm of certified public accountants at rates or terms that are not customary. Any auditing service contract under which such a certificate is required shall contain a provision that the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the board determines the contract price was increased due to inaccurate or incomplete factual unit costs. All such contract adjustments shall be made within 1 year following the end of the contract. This sub-subparagraph shall apply to audits covering the 1982-1983 fiscal year, and the procedure in this sub-subparagraph may be used by any county for subsequent audits. If there is a conflict between this sub-subparagraph and s. 473.317, this sub-subparagraph shall prevail.
k. Should the board be unable to negotiate a satisfactory contract with any of the selected firms, the committee shall select additional firms, and the board shall continue negotiations in accordance with this subsection until an agreement is reached.
l. At the conclusion of the audit field work, the independent certified public accountant shall discuss with the head of each county agency and the chairman of the board of county commissioners or his designee all of the auditor's comments which will be included in the report containing the auditor's comments for the areas within their responsibility. If the officer is not available to discuss the auditor's comments, their discussion is presumed when the comments are delivered in writing to his office.
m. The officer's written statement of explanation or rebuttal concerning the auditor's comments, including corrective action to be taken, shall be filed with the governing body of the county and with the Auditor General within 20 days of the delivery of the financial audit report.
n. The Auditor General, in consultation with the Board of Accountancy, shall adopt rules for the form imd conduct of all local governmental entity audits. Such rules shall include, but not be limited to, requirements for the reporting of information necessary to carry out the purposes of the Local Government Financial Emergency and Accountability Act, chapter 79-183, Laws of Florida.
The procedures under sub-subparagraphs a.-k. do not apply to audit agreements or contracts entered into before July 1, 1983.
4. Any financial audit report required under sub-
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paragraph 3. shall be submitted to the Auditor General no later than 7 months after the end of the fiscal year of the governmental entity. If the Auditor General does not receive the financial audit within such period, he shall notify the Legislative Auditing Committee that such governmental entity has not complied with this subparagraph. Following notification of failure to submit the required audit, the Legislative Auditing Committee may:
a. In the case of a city or county, notify the Department of Revenue and the Department of Banking and Finance that the local unit of government has failed to comply. Upon notification, the department shall withhold any funds payable to such governmental entity until the required financial audit is received by the Auditor General.
b. In the case of a special district, notify the Department of Community Affairs that the special district has failed to provide the required audits. Upon notification, the department shall proceed pursuant to ss. 189.008 and 189.009.
5. The Auditor General, in consultation with the Board of Accountancy, shall review all audits completed for local units of government by an independent certified public accountant.
(b) The Legislative Auditing Committee may authorize and direct the Auditor General to make a financial audit of any municipality or independent agency or authority of any municipality within the state, and the committee shall direct him to make such audit whenever petitioned to do so by at least 20 percent of the electors of any municipality. The supervisor of elections of the county in which the municipality is located shall certify whether or not the petition contains the signatures of at least 20 percent of the electors of the municipality. The expenses of such audit shall be paid by the municipality and, in the event the municipality fails to pay the cost of the audit, the Department of Revenue shall, upon certification of the Auditor General, withhold from that portion of the municipal financial assistance trust fund for municipalities which is derived from the cigarette tax imposed under chapter 210, and which is distributable to such municipality, a sum sufficient to pay the cost of the audit and shall deposit that sum into the General Revenue Fund of the state.
(c) The Auditor General shall exercise any power and duty which by any law, general or otherwise, is now vested in the state auditor or the legislative auditor. The Auditor General shall make an annual financial audit of accounts and records of any other public body or political subdivision when required by law or concurrent resolution to do so.
(d) The Auditor General shall at least every 2 years make a performance audit of the local government financial reporting system required by this subsection; ss. 23.0115, 165.091, and 189.001-189.009; and part VII of chapter 112 and part III of chapter 218. The performance audit shall analyze each component of the reporting system separately and analyze the reporting system as a whole. The purpose of such an audit is to determine the efficiency and effectiveness of the reporting system in monitoring and evaluating the financial conditions of local governments and to make recommendations to the local governments, the Governor, and the Legislature as to
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how the reporting system can be improved and how program costs can be reduced.
(4) Each audit required or authorized by this section, when practicable, shall be made and completed within not more than 12 months following the end of each fiscal year of the state agency or political subdivision, if an annual audit, or at such lesser time which may be provided by law or concurrent resolution or directed by the Legislative Auditing Committee. When the Auditor General is required by law to make a financial audit of the whole or a portion of a fiscal year of a political subdivision and his current workload of audits of state agencies and political subdivisions is so great that it is not practicable within the required time to perform such audit and also to make financial audits of that political subdivision as to any other period not previously audited by him, then in his discretion he may temporarily or indefinitely postpone his audits of such other period or any portion thereof unless otherwise directed by the committee.
(5) The Legislative Auditing Committee may at any time, without regard to whether the Legislature is then in session or out of session, take under investigation any matter within the scope of an audit either completed or then being conducted by the Auditor General, and in connection with such investigation may exercise the powers of subpoena by law vested in a standing committee of the Legislature.
(6)(a) The Auditor General may, when in his judgment it is necessary, designate and direct any auditor employed by him to audit any accounts or records within the power of the Auditor General to audit. The auditor shall report his findings for review by the Auditor General, who shall prepare the audit report.
(b) The audit report when final shall be a public record. The audit work papers and notes shall not be a public record; however, those work papers necessary to support the computations in the final audit report may be made available by a majority vote of the Legislative Auditing Committee after a public hearing showing proper cause. The audit work papers and notes shall be retained by the Auditor General until no longer useful in his proper functions, after which time they may be destroyed.
(c) The audit report shall make special mention of:
1. Any violation of the laws within the scope of the audit; and
2. Any illegal or improper expenditure, any improper accounting procedures, all failures to properly record financial transactions, and all other inaccuracies, irregularities, shortages, and defalcations.
(d) At the conclusion of the audit, the Auditor General or his designated representative shall discuss the audit with the official whose office is subject to audit and submit to him a list of his adverse findings which may be included in the audit report. If the official is not available for receipt of the list of adverse audit findings, clearly designated as such, then delivery thereof is presumed to be made when it is delivered to his office. The official shall submit to the Auditor General or his designated representative, within 20 days after the receipt of the list of findings, his written statement of explanation or rebuttal concern-
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ing all of the findings, including therein corrective action to be taken to preclude a recurrence of all adverse findings.
(7) A copy of the audit report shall be submitted to each member of the Legislative Auditing Committee, to the Governor, to the Comptroller, and to the officer or person in charge of the state agency or political subdivision audited. One copy shall be filed as a permanent public record in the office of the Auditor General. In the case of county reports, one copy of the report of each county office, school district, or other district audited shall be submitted to the board of county commissioners of the county in which the audit was made and shall be filed in the office of the clerk of the circuit court of that county as a public record; when an audit is made of the records of the district school board, a copy of the audit report shall also be filed with the district school board, and thereupon such report shall become a part of the public records of such board. Copies of such reports may also be furnished such other persons as in the opinion of the Auditor General may be directly interested in the audit or who may have some duty to perform in connection therewith.
(8) If the Auditor General discovers any errors, unusual practices, or any other discrepancies in connection with his audits of a state agency or state officer, the Auditor General shall, as soon as practicable, notify in writing the President of the Senate and the Speaker of the House of Representatives, respectively, who, in turn, shall promptly thereafter forward a copy thereof to the chairmen of the respective legislative committees, which in the judgment of the President of the Senate and the Speaker of the House of Representatives, respectively, are substantially concerned with the functions of the state agency or state officer involved. Thereafter, and in no event later than the lOth day of the next succeeding legislative session, the person in charge of the state agency involved, or the state officer involved, as the case may be, shall explain in writing to the chairmen of the respective legislative committees and to the Legislative Auditing Committee the reasons or justifications for such errors, unusual practices, or discrepancies and the corrective measures, if any, taken by the agency.
(9) All agencies, other than state agencies as defined herein, and all district school boards and district boards of trustees of community colleges shall have the power to have a performance audit or financial audit of their accounts and records by an independent certified public accountant retained by them and paid from their public funds.
History.-s. 6, ch. 67-470; s. 6, ch. 69-82; s. 1, ch. 72-6; ss. 1, 2, ch. 73-234; s. 1, ch. 75-122; s. 1, ch. 76-73; s. 1, ch. 77-102; s. 2, ch. 79-183; ss. 1, 3, 6, ch. 79-589; s. 1, ch. 81-167; s. 1, ch. 83-55; s. 1, ch. 83-106.
1Note.-The words "with that firm" were inserted by the editors. Note.- Former s. 11.186.
11.46 Accounting procedures.-(!) Accounting systems and procedures referred
to in this section mean those designed to fulfill the requirements of generally accepted governmental accounting principles and practices and good internal control and in keeping with generally accepted accounting forms, accounts, records, methods, and practices relating to colleges and universities, hospitals, institutions, and general government.
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(2) State officers and agencies referred to in this section mean any state agency as defined in ss. 11.40-11.48.
(3) State officers and agencies shall at all times maintain proper accounting systems and procedures.
( 4) In addition to the postauditing functions of the Auditor General he shall have the following duties with respect to accounting systems and procedures:
(a) To develop and promulgate an overall plan for management accounting and reporting designed to provide an economical and efficient management accounting system for state officers and agencies consistent with generally accepted governmental accounting principles, practices, and internal control, within the requirements and spirit of the laws of Florida;
(b) Consistent with such overall plan, to expedite, guide, and assist in the installation of modern accounting and data processing systems and procedures in the offices administered by state officers and agencies;
(c) To stimulate the building of competent and efficient accounting and internal audit organizations in the offices administered by state officers and agencies;
(d) To provide to state officers and agencies consultation services on their financial and accounting systems and procedures and related problems;
(e) To conduct field studies of fiscal and accounting problems of state officers and agencies;
(f) Whenever in his judgment it is practicable, to develop and recommend uniform accounting systems and procedures for state officers and agencies insofar as their accounting and procedural requirements are similar; and
(g) To report annually to the Legislative Auditing Committee concerning accounting systems and procedures employed by state officers and agencies.
(5) If the Auditor General finds that any state officers and agencies have failed to install an adequate management accounting system he shall immediately report his findings in detail to the Legislative Auditing Committee, together with his recommendations for corrective action.
History.-s. 7, ch. 69-82.
11.47 Penalties; failure to make a proper audit; making a false audit report; failure to produce documents or information.-
(1) All officers whose respective offices the Auditor General is authorized to audit shall enter into their public records sufficient information for his proper audit, and shall make the same available to him on his demand.
(2) The willful failure or refusal of the Auditor General or any auditor employed by the Auditor General to make a proper audit in line with his duty, the willful making of a false report as to any audit, or the willful failure or refusal to report a shortage or misappropriation of funds or property shall be cause for removal from such office or employment, and the Auditor General or auditor shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. No proceeding under this
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subsection shall preclude any proceeding against the bond of the Auditor General or auditor.
(3) Any person who willfully fails or refuses to furnish or produce any book, record, paper, document, data, or sufficient information necessary to a proper audit which the Auditor General is by law authorized to perform shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(4) Any officer who willfully fails or refuses to furnish or produce any book, record, paper, document, data, or sufficient information necessary to a proper audit which the Auditor General is by law authorized to perform, shall be subject to removal from office.
History.-s. 7, ch. 69-82; s. 9, ch. 71-136.
11.48 Present employees retained.-Each person who has been employed by the State Auditing Department or the legislative auditor for a period of 1 year or more prior to the effective date of this act and whose service rating is good or excellent shall continue in the same position with the Auditor General. Former active experience with the state auditor or with the legislative auditor shall be the equivalent of service with the Auditor General for the purpose of determining the qualifications of a person for appointment to the office of Auditor General or for employment by the Auditor General.
History.- s. 7, ch. 69-82.
11.49 Senate seal and coat of arms.-(1) There is created an official seal of the Senate
and a Senate coat of arms. The seal shall be the size of a circle of 21/2 inches in diameter, having in the center thereof a fan of the five flags which have flown over Florida, above a disk containing the words "In God We Trust" arched above a gavel, quill, and scroll. At the top of the field of flags shall be the word "Seal"; at the bottom, the date "1838." The perimeter of the seal shall contain the words "Senate" and "State of Florida."
(2) There is created an official coat of arms of the Senate. The coat of arms shall contain a fan of the five flags that have flown over Florida, above the Great Seal of Florida. At the base of the coat of arms shall be the words "The Florida Senate."
History.-s. 1, ch. 72-376.
11.50 Division of Public Assistance Fraud.(1)(a) The Auditor General shall investigate, on
his own initiative or when required by the Legislative Auditing Committee, public assistance made under the provisions of chapter 409. In the course of such investigation the Auditor General shall examine all records and make inquiry of all persons who may have knowledge as to any irregularity incidental to the disbursem*nt of public moneys, food stamps, or other items to recipients.
(b) All public assistance recipients, as a condition precedent to qualification for assistance under the provisions of chapter 409, shall first give in writing, to the Department of Health and Rehabilitative Services and to the Division of Public Assistance Fraud, consent to make inquiry of past or present employers and records, financial or otherwise.
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(2) In the conduct of such investigation the Auditor General may employ persons having such qualifications as are useful in the performance of this duty, and those individuals shall be assigned to the Division of Public Assistance Fraud which is hereby created within the office of the Auditor General.
(3) The results of such investigation shall be reported by the Auditor General to the Legislative Auditing Committee and the Department of Health and Rehabilitative Services and to such others as that committee or the Auditor General may determine.
(4) The Department of Health and Rehabilitative Services shall report to the Auditor General the final disposition of all cases wherein action has been taken pursuant to s. 409.325, based upon information furnished by the Division of Public Assistance Fraud.
(5) All lawful fees and expenses of officers and witnesses, expenses incident to taking testimony and transcripts of testimony and proceedings requested by the Legislative Auditing Committee or the Auditor General shall be a proper charge to the appropriation of the Auditor General. All payments for these purposes shall be on vouchers approved by the Auditor General.
(6) The provisions of this section shall be liberally construed in order to carry out effectively the purposes of this section in the interest of protecting public moneys and other public property.
History.- s. I, ch. 72-387; s. I, ch. 77-147.
11.60 Administrative Procedures Committee; creation; membership; powers; duties.-
(1) There is created a joint standing committee of the Legislature designated as the "Administrative Procedures Committee," composed of six members appointed as follows: three members of the House of Representatives appointed by the Speaker of the House, one of whom shall be a member of the minority party; and three members of the Senate appointed by the President of the Senate, one of whom shall be a member of the minority party. The president shall appoint the chairman in even years and the vice chairman in odd years, and the speaker shall appoint the chairman in odd years and the vice chairman in even years, from among the committee membership. Vacancies shall be filled in the same manner as the original appointment. Members shall serve without additional compensation, but shall be reimbursed for expenses.
(2) The committee shall: (a) Maintain a continuous review of the statutory
authority on which each administrative rule is based and, whenever such authority is eliminated or significantly changed by repeal, amendment, holding by a court of last resort, or other factor, advise the agency concerned of the fact.
(b) Maintain a continuous review of administrative rules and identify and request an agency to repeal any rule or any provision of any rule which reiterates or paraphrases any statute or for which the statutory authority has been repealed.
(c) Review administrative rules and advise the agencies concerned of its findings.
(d) Have the duties prescribed by chapter 120 concerning the adoption and promulgation of rules.
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(e) Generally review agency action pursuant to the operation of the Administrative Procedure Act.
(f) Report to the Legislature at least annually, no later than the first week of the regular session, and recommend needed legislation or other appropriate action.
(g) Adopt rules and regulations necessary for its own organization and operation and for that of its staff, consistent with general law and the rules of each house.
(h) Appoint an executive director and general counsel, by majority vote of the members of the committee, and fill any vacancy in that office in the same manner.
(i) Have general administrative responsibility for the operations of its staff.
(j) Have standing to seek review in the courts of the state, on behalf of the Legislature or the citizens of this state, of the validity or invalidity of any administrative rule to which the committee has voted an objection and which has not been withdrawn, modified, repealed, or amended to meet the objection. Judicial review under this paragraph shall not be initiated until the Governor and the agency head of the agency making the rule to which the committee has objected have been notified of the committee's proposed action and have been given a reasonable opportunity for consultation with the committee. The committee is authorized to expend public funds from its appropriation for the purpose of seeking judicial review.
(3) Expenses required for the work of the committee shall be included in and paid from the appropriation for legislative expense.
History.-s. 2, ch. 74-310; s. I, ch. 77-453; s. 2, ch. 79-400; s. 4, ch. 80-391.
'11.61 Legislative review of regulatory functions.-
( I) This act may be cited as the "Regulatory Sunset Act."
(2) It is the intent of the Legislature: (a) That no profession, occupation, business, in
dustry, or other endeavor be subject to regulatton by the state unless such regulation is necessary to protect the public health, safety, or welfare from significant and discernible harm or damage and 'that the police power of the state be exercised only to the extent necessary for that purpose.
(b) That the state not regulate a profession, occupation, business, industry, or other endeavor in a manner which will unreasonably and adversely affect the competitive market.
(c) That the Legislature conduct a periodic and systematic review of the need for, and the benefits derived from, a program or function which licenses or otherwise regulates a profession, occupation, business, industry, or other endeavor and, pursuant to such review, terminate, modify, or reestablish the program or function.
(d) That, if a chapter or section of the Florida Statutes scheduled for repeal by 2S. 2 of chapter 81-318, Laws of Florida, is subsequently amended or transferred, such subsequent amendment or transfer, unless otherwise expressly provided in the act amending or transferring such chapter or section, not affect the scheduled repeal by 2s. 2 of chapter 81-318
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of the provisions of such chapter or section and such chapter or section as amended or transferred be repealed on the date specified in 2s. 2 of chapter 81-318.
(3) Each appropriate substantive committee shall begin review of a program or function 15 months prior to the date set for repeal of the section or chapter and shall make a recommendation, on or before February 1 prior to such repeal date, for continuation, modification, or repeal of the program or function established by such section or chapter.
(4) Each section and each chapter of the Florida Statutes scheduled for repeal by 2s. 2 of chapter 81-318, Laws of Florida, shall be reviewed pursuant to this section prior to the date scheduled for repeal of the section or chapter. Any act which, as a result of such review, continues or reestablishes a program or function established by a section or chapter of the Florida Statutes repealed by 2s. 2 of chapter 81-318 shall schedule the section or chapter of the Florida Statutes establishing such program or function for subsequent repeal and for review pursuant to this section within 10 years after the effective date of the act which continues or reestablishes such program or function.
(5) Any act which creates a program or function which in part regulates the entry into any profession, occupation, business, industry, or other endeavor and which is enacted after July 8, 1981, shall schedule the act establishing such program or function for subsequent repeal and for review pursuant to this section within 10 years after the effective date of the act which creates such program or function.
(6) In determining whether to reestablish a program or function, the Legislature shall consider the following criteria:
(a) Would the absence of regulation significantly harm or endanger the public health, safety, or welfare?
(b) Is there a reasonable relationship between the exercise of the police power of the state and the protection of the public health, safety, or welfare?
(c) Is there a less restrictive method of regulation available which would adequately protect the public?
(d) Does the regulation have the effect of directly or indirectly increasing the costs of any goods or services involved and, if so, to what degree?
(e) Is the increase in cost more harmful to the public than the harm which could result from the absence of regulation?
(f) Are any facets of the regulatory process designed for the purpose of benefiting, and do they have as their primary effect the benefit of, the regulated entity?
(7) Within 30 days after the date of repeal, by 2s. 2 of chapter 81-318, Laws of Florida, of any section or chapter of the Florida Statutes, the unit of government or the subunit -thereof and the personnel positions which are responsible for carrying out only the functions and programs created by such section or chapter shall be abolished, and all unexpended balances of appropriations, allocations, or other funds for such program or function shall revert to the fund from which they were appropriated or, if that fund is abolished, to the General Revenue Fund. A unit or subunit of government may not perform any regula-
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tory activities after the date of repeal of such section or chapter of the Florida Statutes.
(8) Any fees collected pursuant to a program or function subsequently abolished shall be refunded on a pro rata basis by the unit or subunit of government that was abolished, or by the Comptroller pursuant to s. 215.26, upon request of the person who paid the fee, if such request is made within 1 year after the abolition of the program or function.
(9) This act shall not affect the right to institute or prosecute any cause of action by or against a unit or subunit of government abolished pursuant to this act if the cause of action accrued prior to the date the unit or subunit was abolished. Any cause of action pending on the date the unit or subunit is abolished, or instituted thereafter, shall be prosecuted or defended in the name of the state by the Department of Legal Affairs.
(10) Any repeal or amendment of any regulatory statute or rule pursuant to this act shall not affect any prosecution, investigation, or disciplinary action for any act committed before such repeal or amendment.
History.-ss. 1, 2, 4, 5, 6, 7, 8, 9, 11, ch. 76-168; ss. 1, 2, ch. 77-457; s. 1, ch. 81-318.
'Note.- Each of the following sections of the Florida Statutes, the operation of which ceases on the respective date indicated, is statutorily subject to legislative review in accordance with this section:
July 1, 1983: s. 23.152. October 1, 1983: s. 651.055. October 1, 1984: ss. 310.001 , 310.002, 310.011, 310.021, 310.032, 310.042,
310.051, 310.061, 310.071 , 310.081 , 310.091, 310.101, 310.111, 310.1115, 310.121, 310.131, 310.141, 310.151, 310.161, 310.171 , 310.181, 320.10, 330.30, 335.075(2), 351.003(1) , 351.009 , 404.011, 404 .022, 404.031 , 404.042 , 404.051 , 404.061 , 404.0614,404.0617, 404.071,404.081,404.091,404.101, 404.111, 404.121, 404.131 , 404.141, 404.151, 404.161 , 404.162, 404.171, 404.30, 404.31, 409.175, 413.061, 413.062, 413.063, 413.064, 413.065, 413.066, 413.067, 413.068, 467.001, 467.002, 467.003, 467.004, 467.005, 467.007, 467.008, 467.009, 467.011, 467.D12, 467.013, 467.015, 467.016, 467.017, 467.019, 467.201, 467.202, 467.203, 467.205, 467.207, 467.209, 468.01, 468.02, 468.03, 468.04, 468.05, 468.06, 468.07, 468.08, 468.1<a9, 468.140, 468.141, 468.142, 468.1425, 468.143, 468.144, 468.145, 468.146, 468.147, 468.148, 468.149, 468.201, 468.203, 468.205, 468.207, 468.209, 468.211 , 468.213, 468.215, 468.217, 468.219, 468.221, 468.223, 468.225, 468.30, 468.301, 468.302, 468.303, 468.304, 468.305, 468.306, 468.307, 468.308, 468.309, 468.31, 468.311, 468.312, 469.01, 469.02, 469.03, 469.04, 469.05, 469.07, 479.01, 479.02, 479.03, 479.04, 479.05, 479.06, 479.07, 479.08, 479.10, 479.11, 479.111, 479.12, 479.13, 479.14, 479.15, 479.155, 479.16, 479.17, 479.18, 479.19, 479.20, 479.21 , 479.22, 479.23, 479.24, 488.01, 488.02, 488.03, 488.04, 488.05, 488.06, 488.07, 496.01, 496.02, 496.021, 496.03, 496.04, 496.045, 496.05, 496.06, 496.09, 496.095, 496.105, 496.11, 496.13, 496.132, 496.20, 496.21 , 496.22, 496.23, 496.24, 496.25, 496.26, 496.27, 496.28, 496.29, 496.30, 496.31, 496.32, 496.33, 496.34, 553.35, 553.36, 553.37, 553.38, 553.39, 553.40, 553.41, 553.42, 648.25, 648.26, 648.27, 648.29, 648.30, 648.31, 648.32, 648.33, 648.34, 648.35, 648.36, 648.365, 648.37, 648.38, 648.388, 648.39, 648.40, 648.41 , 648.42, 648.421, 648.43, 648.44, 648.441, 648.442, 648.45, 648.46, 648.48, 648.49, 648.50, 648.51, 648.52, 648.53, 648.55, 648.56, 648.57, 648.571.
July 1, 1985: ss. 237.162, 461.0134. October 1, 1985: ss. 231.087, 231.15, 231.17, 231.24, 231.261, 231.262,
231.545, 231.546, 320.0841, 320.10, 462.01 , 462.02, 462.022, 462.03, 462.04, 462.08, 462.09, 462.10, 462.11, 462.12, 462.13, 462.14, 462.15, 462.16, 462.17 , 462.18, 462.19, 473.301, 473.302, 473.303, 473.304, 473.305, 473.306, 473.307, 473.308, 473.309, 473.3101 , 473.311, 473.312, 473.313, 473.314, 473.315, 473.316, 473.317, 473.318, 473.319, 473.321, 473.322, 473.323, 473.324, 473.325, 474.201 , 474.202, 474.203, 474.204, 474.205, 474.206, 474.207, 474.211, 474.212, 474.213, 474.214, 474.215, 474.216, 474.2165, 474.217, 474.218, 474.219, 476.014, 476.024, 476.034, 476.044, 476.054, 476.064, 476.074, 476.084, 476.114, 476.124, 476.134, 476.144, 476.154, 476.155, 476.164, 476.174, 476.184, 476.188, 476.194, 476.204, 476.214, 476.224, 476.234, 476.244, 476.254, 477.011, 477.012, 477.013, 477.0135, 477.014, 477.015,477.016,477.017, 477.D18, 477.019,477.021,477.0212, 477.0213, 477.022 , 477.0225, 477.023, 477.024, 477.025, 477.026, 477.0263, 477.0265, 477.028, 477.029, 477.031 , 477.035, 477.038, 477.039, 480.031, 480.032, 480.033, 480.034, 480.035, 480.036, 480.039, 480.041, 480.042, 480.0425, 480-043, 480.044, 480.046, 480.047, 480.048, 480.049, 480.051, 480.052, 480.053, 514.02, 514.03, 514.031, 514.032, 514.033, 514.04, 514.05, 514.06, 514.07, 514.081, 601.55, 601.56, 601.57, 601.58, 601.59, 601.60, 601.601, 601.61, 601.611, 601.64, 601.641, 601.65, 601.66, 601.67, 601.671, 601.68, 601.69, 601.70, 601.701, 601.72, 601.73, 601.731, 601.74, 601.75, 601.76, 601.77, 601.78, 633.061, 633.521, 633.524, 633.527, 633.531, 633.534, 633.537, 633.541 , 633.547, 633.549, 633.551, 633.554, 633.557.
July 1, 1986: ss. 484.0401, 484.041, 484.042, 484.043, 484.044, 484.045, 484.046, 484.047, 484.048, 484.0501, 484.051, 484.053, 484.054, 484.056, 484.057, 484.059.
October 1, 1986: ss. 246.201 , 246.203, 246.205, 246.207, 246.209, 246.211 , 246.213, 246.215, 246.217, 246.219, 246.220, 246.221, 246.223, 246.225, 246.227, 246.229, 246.231, 389.011, 389.012, 389.013, 389.014, 389.015, 389.0155, 389.016, 389.017, 389.018, 389.019, 389.021, 389.022, 389.023, 389.024, 457.101, 457.102, 457.103, 457.104, 457.105, 457.107, 457.109, 457.111, 457.116, 457.118, 457.119, 458.301, 458.303, 458.305, 458.307, 458.309, 458.311, 458.313, 458.315, 458.317,
Ch.ll LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING F.S. 1983
458.319, 458.321, 458.323, 458.325, 458.327, 458.329, 458.331, 458.333, 458.335, 458.337, 458.339, 458.341, 458.343, 458.345, 458.347, 458.348, 458.349, 459.001, 459.002, 459.003, 459.004, 459.005, 459.006, 459.007. 459.0075, 459.0077. 459.008, 459.009, 459.0ll, 459.012, 459.QJ3, 459.014, 459.015, 459.0153, 459.0154, 459.Ql6, 459.017, 459.QJ8, 459.019, 459.021, 459.022, 459.024, 460.401 , 460.402, 460.403, 460.404, 460.405, 460.406, 460.407, 460.408, 460.409, 460.41, 460All, 460.412, 460.413, 460.414, 460.415, 460.4165, 461.001 , 461.002, 461.003, 461.004, 461.005, 461.006, 461.007, 461.0074, 461.008, 461.009, 461.QJ2, 461.QJ3, 461.014, 461.015, 463.001 , 463.002, 463.003, 463.004, 463.005, 463.006, 463.007, 463.008, 463.009, 463.0ll, 463.QJ2, 463.Ql3, 463.014, 463.015, 463.Ql6, 463.017, 463.018, 463.019, 464.001, 464.002, 464.003, 464.004, 464.005, 464.006, 464.007, 464.008, 464.009, 464.QJ2, 464.Ql3, 464.014, 464.015, 464.Ql6, 464.017, 464.018, 464.0185, 464.019, 464.022, 464.023, 465.001, 465.002, 465.003, 465.004, 465.005, 465.006, 465.007. 465.008, 465.009, 465.Ql2, 465.Ql3, 465.014, 465.015, 465.016, 465.017, 465.018, 465.019, 465.0193, 465.0196,465.022,465.023,465.024,465.025, 465.026, 465.027, 465.028, 465.185, 466.001, 466.002, 466.003, 466.004, 466.006, 466.007, 466.009, 466.0ll , 466.QJ3, 466.014, 466.015, 466.016, 466.017, 466.018, 466.019, 466.021 , 466.023, 466.024, 466.025, 466.026, 466.027, 466.028, 466.0285, 466.029, 466.031, 466.032, 466.033, 466.034, 466.035, 466.036, 466.037. 466.038, 466.039, 466.0395, 468.1635, 468.1645, 468.1655, 468.1665, 468.1675, 468.1685, 468.1695, 458.1705, 468.1715, 468.1725, 468.1735, 468.1745, 468.1755, 468.1765, 468.1775, 484.001, 484.002, 484.003, 484.004, 484.005, 484.006, 484.007, 484.008, 484.009, 484.0ll, 484.012, 484.QJ3, 484.014, 484.015, 484.016, 484.017, 484.018, 484.019, 466.0ll, 466.015, 466.021, 466.025, 466.028, 466.031 , 486.041 , 466.051, 486.061 , 486.081, 486.085, 486.102, 486.103, 486.104, 466.106, 486.107, 486.108, 486.l15, 486.125, 486.135,486.151, 486.153, 466.161,486.171, 486.172.
July 1, 1987: ss. 246.201 , 246.203, 246.205, 246.207, 246.209, 246.2ll , 246.213, 246.215, 246.217, 246.219, 246.220, 246.221 , 246.223, 246.225, 246.227, 246.229, 246.231.
October 1, 1987: ss. 527.01, 527.02, 527 .03, 527.04, 527 .06, 527.0605, 527.061, 527.062, 527.07, 527.08, 527.09, 527.10, 527.11, 527.12, 527.13, 527.14, 527.15, 527.16, 627.091 , 627.092, 627.093, 627.096, 627.101, 627.l11, 627.141, 627.151 , 627.171, 627.191 , 627.2ll, 627.215, 627.281, 627.291.
October 1, 1988: ss. 229.8053, 320.27, 320.271 , 320.273, 320.28, 320.30, 320.31 , 320.60, 320.61, 320.615, 320.62, 320.63, 320.64, 320.641, 320.642, 320.643, 320.664, 320.67. 320.68, 320.69, 320.695, 320.696, 320.697. 320.698, 320.70, 320.71, 320.77, 320.822,320.8225, 320.823, 320.8231 , 320.8232, 320.824,320.8245, 320.8255, 320.8256, 320.827. 320.8285, 320.830, 320.831 , 320.832, 320.8325, 320.833, 320.8335, 320.834, 320.835, 320.836, 320.837. 320.838, 320.839, 320.840, 320.861, 320.862, 320.865, 320.866, 395.501, 395.502, 395.5025, 395.503, 395.504, 395.505, 395.507, 395.508, 395.509, 395.5ll, 395.512, 395.5125, 395.513, 395.514, 475.001 , 475.01, 475.0ll , 475.02, 475.03, 475.04, 475.05, 475.10, 475.125, 475.15, 475.17, 475.175, 475.181, 475.182, 475.1825, 475.183, 475.215, 475.22, 475.23, 475.24, 475.25, 475.28, 475.31, 475.37, 475.38, 475.41, 475.42, 475.421, 475.43, 475.451, 475.45ll , 475.452, 475.453, 475.454, 475.455, 475.482, 475.483, 475.4835, 475.484, 475.485, 475.486, 481.201, 481.203, 481.205, 481.207, 481.209, 481.2ll, 481.213, 481.215, 481.21 7, 481.219, 481.221 , 481.223, 481.225, 481.227, 481.229, 481.231, 481.233, 481.301, 481.303, 481.305, 481.306, 481.307, 481.309, 481.3ll, 481.313, 481.315, 481.317, 481.319, 481.321, 481.323, 481.325, 481.327, 481.329, 481.331, 489.101, 489.103, 489.105, 489.107, 489.109, 489.l11, 489.l13, 489.l15, 489.117, 489.l19, 489.121, 489.123, 489.125, 489.127, 489.129, 489.131, 489.501, 489.503, 489.505, 489.507, 489.509, 489.5ll, 489.513, 489.515, 489.517, 489.519, 489.521 , 489.523, 489.525, 489.527, 489.531 , 489.533, 489.535, 489.537, 490.001 , 490.002, 490.003, 490.004, 490.005, 490.006, 490.007, 490.008, 490.009, 490.0111, 490.QJ2, 490.014, 490.015, 498.001, 498.003, 498.005, 498.007, 498.009, 498.0ll , 498.013, 498.015, 498.017, 498.019, 498.021, 498.023, 498.025, 498.027, 498.029, 498.031, 498.033, 498.035, 498.037, 498.039, 498.041 , 498.045, 498.047, 498.049, 498.051, 498.053, 498.055, 498.057, 498.059, 498.061 , 498.063, 516.001, 516.01, 516.02, 516.03, 516.031, 516.035, 516.05, 516.07, 516.08, 516.09, 516.ll, 516.12, 516.13, 516.15, 516.16, 516.17, 516.18, 516.19, 516.20, 516.21, 516.22, 516.221, 516.23, 516.231, 516.26, 516.27, 516.29, 516.30, 516.31 , 516.32, 516.33, 516.34, 516.35, 516.36, 516.37.
October 1, 1989: ss. 364.01 , 364.02, 364.03, 364.035, 364.037, 364.04, 364.05, 364.055, 364.057, 364.06, 364.063, 364.07, 364.08, 364.09, 364.10, 364.11 , 364.14, 364.15, 364.16, 364.17, 364.18, 364.183, 364.185, 364.19, 364.24, 364.27, 364.285, 364.30, 364.31 , 364.32, 364.33, 364.335, 364.337, 364.345, 364.37, 364.381, 364.385, 365.01, 365.02, 365.03, 365.04, 365.05, 365.08, 365.09, 365.13, 365.14, 366.Ql, 366.015, 366.02, 366.03, 366.04, 366.041, 366.05, 366.055, 366.06, 366.07, 366.071, 366.072, 366.075, 366.08, 366.09, 366.093, 366.095, 366.10, 366.11 , 366.125, 366.13, 366.135, 366.80, 366.81, 366.82, 366.83, 366.84, 366.85, 367.0ll, 367.021, 367.022, 367.031, 367.041 , 367.051, 367.061, 367.071, 367.081, 367.082, 367.083, 367.091, 367.101, 367.111, 367.121, 367.122, 367.123, 367.141, 367.151, 367.156, 367.161, 367.165, 367.171, 367.182, 471.001, 471.003, 471.005, 471.007, 471.009, 47l.Oll, 471.013, 471.015, 471.017, 471.019, 471.021, 471.023, 471.025, 471.027, 471.031, 471.033, 471.035, 471.037, 471.039, 472.001 , 472.003, 472.005, 472.007, 472.009, 472.011, 472.013, 472.015, 472.017, 472.019, 472.021, 472.023, 472.025, 472.027, 472.029, 472.031, 472.033, 472.035, 472.037, 472.039, 501.90, 501.91 , 501.9ll , 501.912, 501.913, 501.914, 501.915, 501.916, 501.917, 501.918, 501.919, 501.92, 501.921, 501.922, 501.923.
October 1, 1990: ss. 210.15, 210.16, 210.161, 350.001, 350.01, 350.0ll, 350.03, 350.031, 350.04, 350.05, 350.051, 350.06, 350.0605, 350.061 , 350.0611, 350.0612, 350.0613, 350.0614, 350.111 , 350.l13, 350.l15, 350.117, 350.121, 350.123, 350.124, 350.125, 350.127, 350.128, 350.80, 470.001, 470.002, 470.003, 470.004, 470.005, 470.006, 470.007, 470.008, 470.0085, 470.009, 470.0ll, 470.QJ2, 470.013, 470.014, 470.015, 470.016, 470.017, 470.018, 470.019, 470.021, 470.022, 470.023, 470.024, 470.025, 470.026, 470.027, 470.028, 470.029, 470.031, 470.032, 470.033, 470.034, 470.035, 470.036, 470.037, 470.038, 470.039, 470.0395, 493.30, 493.301, 493.302, 493.303, 493.304, 493.305, 493.306, 493.307. 493.308, 493.309, 493.31, 493.311, 493.312, 493.313, 493.314, 493.315, 493.316, 493.317, 493.318, 493.319, 493.32, 493.321, 493.322, 493.323, 493.324, 493.325, 493.326, 493.329, 493.561, 493.562, 493.563, 493.564, 493.565, 493.566, 493.567, 493.568, 493.569, 493.57, 493.571 , 493.572, 493.573, 493.574, 493.575, 493.576, 493.577, 493.579, 497.001, 497.002, 497.003, 497.004, 497.005, 497.006, 497.007, 497.008, 497.009, 497.011, 497.QJ2, 497.014, 497.015, 497.016, 497.018, 497.019, 497.021, 497.022, 497.023, 497.024, 497.025, 497.027, 497.029, 497.031, 497.033, 497.035, 497.041, 497.043, 497.044, 497.046, 497.048, 497.051 , 497.054, 497.056, 497.057, 497.061, 497.071 , 509.013, 509.032, 509.034, 509.072, 509.091 , 509.092, 509.101, 509.l11,
78
509.141, 509.142, 509.151, 509.161, 509.162, 509.191, 509.201, 509.2ll, 509.213, 509.215, 509.221, 509.241, 509.242, 509.251, 509.261, 509.271, 509.281, 509.291, 509.292, 509.302, 509.303, 509.4005, 509.401, 509.402, 509.403, 509.404, 509.405, 509.406, 509.407, 509.408, 509.409, 509.410, 509.4ll, 509.412, 509.413, 509.414, 509.415, 509.416, 509.417, 517.011, 517.021, 517.03, 517.051, 517.061, 517.07, 517.081, 517.101, 517.111, 517.12, 517.131, 517.141, 517.151, 517.161, 517.171, 517.181, 517.191, 517.201, 517.2ll , 517.221, 517.241, 517.301, 517.302, 517.3ll, 517.313, 517.315, 517.32, 520.01, 520.02, 520.03, 520.04, 520.041 , 520.05, 520.06, 520.07, 520.08, 520.09, 520.10, 520.12, 520.13, 520.30, 520.31, 520.32, 520.331, 520.332, 520.34, 520.35, 520.351, 520.36, 520.37, 520.38, 520.39, 520.40, 520.41, 52Q.42, 520.50, 520.51, 520.52, 520.53, 520.54, 520.55, 520.56, 520.57, 520.60, 520.61, 520.62, 520.63, 520.64, 520.65, 520.66, 520.67, 520.68, 520.69, 520.70, 520.71, 520.72, 520.73, 520.74, 520.75, 520.76, 520.78, 520.79, 520.80, 520.81, 520.82, 520.83, 520.84, 520.85, 520.86, 520.87, 520.88, 520.90, 520.91, 520.92, 520.93, 520.94, 520.95, 520.96, 520.961, 520.97, 520.98, 520.99, 520.991, 520.992, 559.925, 604.15, 604.151, 604.16, 604.17, 604.18, 604.19, 604.20, 604.21, 604.2ll, 604.22, 604.23, 604.25, 604.27, 604.28, 604.29, 604.30, 626.0ll , 626.022, 626.031, 626.041, 626.051, 626.062, 626.071, 626.081, 626.091, 626.094, 626.101, 626.l12, 626.121, 626.141, 626.161, 626.171, 626.172, 626.181, 626.191, 626.201, 626.2ll, 626.221, 626.231, 626.241, 626.251, 626.261, 626.271, 626.281, 626.291, 626.301, 626.3ll, 626.321, 626.322, 626.331, 626.341, 626.342, 626.351, 626.361, 626.371, 626.381, 626.382, 626.391, 626.401, 626.4ll, 626.421, 626.431 , 626.441, 626.451, 626.461 , 626.471, 626.481, 626.491, 626.501, 626.5ll, 626.521, 626.531, 626.532, 626.541 , 626.551, 626.561, 626.571, 626.581, 626.591, 626.601, 626.6ll, 626.6l15, 626.621 , 626.6215, 626.631 , 626.641, 626.651, 626.6515, 626.661, 626.681, 626.691, 626.7ll , 626.726, 626.727, 626.728, 626.729, 626.730, 626.731, 626.732, 626.733, 626.734, 626.735, 626.736, 626.737, 626.738, 626.739, 626.740, 626.741, 626.742, 626.743, 626.744, 626.745, 626.747, 626.748, 626.749, 626.752, 626.753, 626.754, 626.776, 626.777, 626.778, 626.779, 626.780, 626.781, 626.782, 626.783, 626.784, 626.785, 626.7851 , 626.786, 626.787, 626.788, 626.789, 626.790, 626.791, 626.792, 626.793, 626.794, 626.795, 626.796, 626.797, 626.826, 626.827, 626.828, 626.829, 626.830, 626.831, 626.832, 626.833, 626.834, 626.835, 626.836, 626.837, 626.838, 626.839, 626.851, 626.852, 626.853, 626.854, 626.855, 626.856, 626.857, 626.858, 626.859, 626.860, 626.661, 626.862, 626.863, 626.864, 626.865, 626.866, 626.867. 626.868, 626.869, 626.870, 626.871, 626.872, 626.873, 626.874, 626.875, 626.876, 626.877. 626.878, 626.901, 626.902, 626.903, 626.904, 626.905, 626.906, 626.907. 626.908, 626.909, 626.910, 626.911, 626.912, 626.913, 626.914, 626.915, 626.916, 626.917, 626.918, 626.919, 626.920, 626.921 , 626.922, 626.923, 626.924, 626.925, 626.926, 626.927, 626.9271, 626.928, 626.929, 626.9295, 626.930, 626.931, 626.932, 626.933, 626.934, 626.935, 626.936, 626.937, 626.938, 626.939, 626.951, 626.95ll, 626.9521, 626.9541, 626.9551 , 626.9561, 626.9571, 626.9581, 626.9591, 626.9601, 626.96ll, 626.9621, 626.9631, 626.9641, 626.9701, 626.9702, 626.9705, 626.9706, 626.9707. 626.973, 626.988, 626.989, 626.99.
October 1, 1991: ss. 494.01 , 494.02, 494.03, 494.04, 494.041, 494.042, 494.043, 494.044, 494.045, 494.05, 494.051, 494.06, 494.07, 494.071, 494.072, 494.08, 494.081, 494.09, 494.091, 494.092, 494.093, 494.10, 494.11, 560.01, 560.02, 560.03, 560.04, 560.05, 560.06, 560.07, 560.08, 560.09, 560.10, 560.ll, 560.12, 560.13, 560.15, 560.151, 560.16, 560.17, 624.01, 624.02, 624.03, 624.031, 624.04, 624.05, 624.06, 624.07, 624.08, 624.09, 624.10, 624.ll, 624.12, 624.13, 624.15, 624.155, 624.19, 624.302, 624.303, 624.305, 624.307, 624.308(1) & (2), 624.310, 624.3ll, 624.312, 624.313, 624.314, 624.315, 624.316, 624.317, 624.318, 624.319, 624.320, 624.321, 624.322, 624.324, 624.3255, 624.401, 624.402, 624.404, 624.406, 624.407, 624.408, 624.410, 624.411, 624.412, 624.413, 624.414, 624.415, 624.416, 624.418, 624.420, 624.421, 624.42ll, 624.422,624.423, 624.424, 624.4245, 624.425, 624.426, 624.428, 624.429, 624.430, 624.601, 624.602, 624.603, 624.604, 624.605, 624.606, 624.607, 624.608, 624.609, 624.610, 625.012, 625.031, 625.041, 625.051, 625.061, 625.071, 625.081, 625.091, 625.101 , 625.111, 625.121, 625.131, 625.141, 625.151, 625.161, 625.171, 625.172, 625.301, 625.302, 625.303, 625.304, 625.305, 625.306, 625.307, 625.308, 625.309, 625.310, 625.3ll, 625.312, 625.313, 625.314, 625.315, 625.316, 625.317, 625.318, 625.319, 625.320, 625.321, 625.322, 625.323, 625.324, 625.325, 625.326, 625.3262, 625.327. 625.329, 625.330, 625.331, 625.332, 625.333, 625.338, 625.340, 625.50, 625.51, 625.52, 625.53, 625.55, 625.56, 625.57. 625.58, 625.59, 625.60, 625.62, 625.63, 625.75, 625.76, 625.77, 625.78, 625.79, 625.80, 625.81 , 625.82, 625.83, 628.0ll , 628.021, 628.031, 628.035, 628.041, 628.051, 628.061, 628.071, 628.081 , 628.091, 628.101, 628.1ll, 628.121, 628.131, 628.151, 628.152, 628.161, 628.171, 628.181 , 628.191, 628.201, 628.221 , 628.231 , 628.251, 628.255, 628.261, 628.271, 628.281, 628.291, 628.301, 628.3ll, 628.321, 628.331, 628.341, 628.351, 628.361, 628.371, 628.381, 628.391, 628.401, 628.411, 628.421, 628.431, 628.4314, 628.441, 628.451, 628.461, 628.471, 628.481, 628.491, 628.501, 628.511, 628.601, 628.605, 628.607, 628.609, 628.611, 628.613, 628.617, 629.011, 629.021, 629.031, 629.041, 629.051, 629.061, 629.071, 629.081, 629.091, 629.101, 629.1ll, 629.121, 629.131, 629.141, 629.161, 629.171, 629.181, 629.191, 629.201, 629.211, 629.221, 629.231, 629.241, 629.251, 629.261, 629.271, 629.281, 629.291, 629.301, 629.50, 629.501, 629.502, 629.504, 629.506, 629.507, 629.508, 629.509, 629.5ll , 629.512, 629.513, 629.514, 629.516, 629.517, 629.518, 629.519, 630.011, 630.021, 630.031, 630.041, 630.051, 630.061, 630.071, 630.081, 630.091, 630.101, 630.111, 630.121, 630.131, 630.141, 630.151, 630.161, 631.001, 631.0ll, 631.021, 631.031, 631.041, 631.051, 631.061, 631.071, 631.081, 631.091, 631.101, 631.111, 631.121, 631.131, 631.141, 631.152, 631.161, 631.171, 631.181, 631.182, 631.191, 631.192, 631.193, 631.201, 631.205, 631.221, 631.231, 631.241, 631.243, 631.251, 631.252, 631.261, 631.262, 631.263, 631.271, 631.281, 631.3ll, 631.321, 631.331, 631.341, 631.361 , 631.371, 631.391, 631.395, 631.397, 631.398, 631.399, 631.50, 631.51, 631.52, 631.53, 631.54, 631.55, 631.56, 631.57, 631.575, 631.58, 631.59, 631.60, 631.61 , 631.62, 631.63, 631.64, 631.65, 631.66, 631.67, 631.68, 631.70, 631.711, 631.712, 631.713, 631.714, 631.715, 631.716, 631.717, 631.718, 631.719, 631.721, 631.722, 631.723, 631.724, 631.725, 631.726, 631.727, 631.728, 631.729, 631.731, 631.733, 631.734, 631.735, 632.0ll , 632.021, 632.031, 632.041 , 632.051, 632.061, 632.071, 632.081, 632.091, 632.121, 632.131, 632.141, 632.171, 632.181, 632.191, 632.201, 632.2ll , 632.221, 632.231, 632.241, 632.251, 632.261 , 632.271, 632.281, 632.291 , 632.301, 632.3ll , 632.321, 632.331, 632.341, 632.351, 632.361, 632.371, 632.381, 632.391, 632.401, 632.4ll, 632.421, 632.431, 632.441, 632.442, 632.451, 632.461, 632.471, 632.481 , 632.5ll, 632.521, 632.531, 632.541, 632.551, 632.571, 641.01, 641.02, 641.03, 641.04, 641.05, 641.06, 641.08, 641.12, 641.13, 641.14, 641.17, 641.18, 641.19, 641.21, 641.22, 641.23, 641.24, 641.25, 641.255, 641.26, 641.27, 641.28, 641.285, 641.29, 641.30, 641.31 , 641.315, 641.32, 641.33, 641.35, 641.36, 641.37, 641.38, 657.001, 657.002, 657.003, 657.004, 657.005, 657.006, 657.008, 657.021, 657.022, 657.023, 657.024, 657.026, 657.027, 657.028, 657.029, 657.031, 657.032, 657.033, 657.0335, 657.034, 657.035, 657.036,
F.S. 1983 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING Ch.ll
657.037, 657.038, 657.039, 657.041, 657.042, 657.043, 657.051, 657.053, 657.055, 657.062, 657.063, 657.064, 657.065, 657.066, 657.068, 657.25, 657.251, 657.252, 657.253, 657.254, 657.256, 657.257, 657.258, 657.259, 657.260, 657.261, 657.262, 657.263, 657.264, 657.265, 657.266, 657.267, 657.268, 658.1101, 658.12, 658.13, 658.14, 658.15, 658.16, 658.18, 658.19, 658.20, 658.21, 658.22, 658.23, 658.24, 658.25, 658.26, 658.27, 658.28, 658.29, 658.30, 658.31, 658.32, 658.33, 658.34, 658.35, 658.36, 658.37. 658.38, 658.39, 658.40, 658.41, 658.42, 658.43, 658.44, 658.45, 658.46, 658.47, 658.48, 658.49, 658.50, 658.51, 658.52, 658.53, 658.54, 658.55, 658.56, 658.57, 658.58, 658.59, 658.60, 658.61, 658.62, 658.63, 658.64, 658.65, 658.66, 658.67, 658.68, 658.69, 658.70, 658.71, 658.72, 658.73, 658.74, 658.75, 658.76, 658.77, 658.78, 658.79, 658.80, 658.81, 658.82, 658.83, 658.84, 658.85, 658.86, 658.87, 658.88, 658.89, 658.90, 658.91, 658.92, 658.93, 658.94, 658.95, 658.96, 658.97, 658.98, 658.99, 660.25, 660.26, 660.27, 660.28, 660.29, 660.30, 660.31, 660.32, 660.33, 660.34, 660.35, 660.36, 660.37, 660.38, 660.39, 660.40, 660.41, 660A2, 660.43, 660.44, 660.45, 660.46, 660.47, 660.48, 661.45, 661.46, 661.47, 661.48, 661.49, 661.50, 661.51, 661.52, 661.53, 661.54, 661.55, 662.01, 662.02, 662.03, 662.04, 662.05, 662.06, 662.07, 662.08, 663.01, 663.02, 663.03, 663.04, 663.05, 663.06, 663.07, 663.08, 663.09, 663.10, 663.11, 663.12, 663.13, 663.14, 664.01, 664.02, 664.03, 664.04, 664.05, 664.06, 664.07, 664.08, 664.09, 664.10, 664.11, 664.12, 665.011 , 665.ol2, 665.0201, 665.0211, 665.022, 665.023, 665.024, 665.025, 665.027, 665.028, 665.0301, 665.0311, 665.033, 665.0335, 665.034, 665.038,665.0401,665.042,665.044,665.045, 665.046,665.047, 665.048, 665.0501 , 665.0601, 665.0611 , 665.062, 665.Q63, 665.064, 665.065, 665.066, 665.067, 665.068, 665.069, 665.0701, 665.0711, 665.0731, 665.074, 665.075, 665.076, 665.077, 665.0801 , 665.082, 665.083, 665.093, 665.096, 665.097, 665.099, 665.1001, 665.1011, 665.102, 665.103, 665.104.
October 1, 1992: ss. 231.001, 231.02, 231.031, 231.06, 231.07, 231.085, 231.09, 231.141, 231.28, 231.29, 231.291, 231.30, 231.3505, 231.36, 231.361, 231.381 , 231.39, 231.40, 231.41, 231.415, 231.424, 231.434, 231.44, 231.45, 231.47, 231.471, 231.481, 231.49, 231.495, 231.55, 246.011, 246.021, 246.031, 246.041, 246.051, 246.061, 246.071 , 246.081, 246.085, 246.087, 246.091, 246.095, 246.101, 246.111, 246.121, 246.125, 246.128, 246.131, 246.141, 246.151, 351.003(1), 351.009, 351.03, 351.034, 351.35, 351.36, 351.37, 354.Ql, 354.02, 354.03, 354.04, 354.05, 354.07, 361.025, 395.001, 395.002, 395.003, 395.004, 395.005, 395.006, 395.007, 395.008, 395.009,395.0101, 395.011, 395.0115, 395.Q12, 395.013, 395.014, 395.0143, 395.015, 395.016,395.017, 395.018, 395.0185,395.0201,401.21,401.211, 401.23, 401.24, 401.245, 401.25, 401.252, 401.255, 401.26, 401.265, 401.27, 401.281, 401.30, 401.31, 401.33, 401.34, 401.35, 401.38, 401.41, 401.411, 401.413, 401.421, 401.43, 401.44, 401.45, 401.48, 401.481, 403.101, 482.011, 482.021, 482.032, 482.051, 482.061, 482.071, 482.081, 482.091, 482.111, 482.121, 482.132, 482.141, 482.151, 482.152, 482.161, 482.182, 482.183, 482.191, 482.201, 482.211, 482.226, 482.227, 482.231, 482.241 , 482.242, 482.25, 487.151, 487.152, 487.153, 487.154, 487.155, 487.156, 487.157, 487.158, 487.1585, 487.159, 487.160, 487.161, 487.163, 487.164, 487.165, 487.166, 499.001, 499.002, 499.003, 499.004, 499.005, 499.0055, 499.006, 499.007, 499.008, 499.009, 499.01, 499.011 , 499.015, 499.Q16, 499.017, 499.Q18, 499.019, 499.022, 499.o23, 499.025, 499.028, 499.03, 499.032, 499.035, 499.037, 499.04, 499.041, 499.042, 499.05, 499.051, 499.052, 499.055, 499.057, 499.06, 499.062, 499.063, 499.064, 499.066, 499.067, 499.068, 499.069, 499.07, 499.071, 499.081, 499.082, 499.401, 499.501 , 499.502, 499.503, 627.011, 627.021, 627.031, 627.041, 627.062, 627.0651, 627.066, 627.o72, 627.221, 627.231, 627.241, 627.251, 627.261, 627.301, 627.311, 627.314, 627.318, 627.321, 627.331, 627.351, 627.356, 627.357, 627.361, 627.371, 627.381, 627.401, 627.402, 627.403, 627.4035,627.404, 627.405,627.406,627.407,627.408, 627.409,627.410,627.4105, 627.411,627.412,627.413,627.4132,627.414,627.4145,627.415,627.416,627.417, 627.418, 627.419, 627.420, 627.421, 627.422, 627.423, 627.4235, 627.424, 627.425, 627.426, 627.427, 627.428, 627.451, 627.452, 627.453, 627.454, 627.455, 627.456, 627.457, 627.458, 627.4585, 627.459, 627.460, 627.461, 627.462, 627.463, 627.464, 627.465, 627.466, 627.467; 627.468, 627.469, 627.470, 627.471, 627.472, 627.473, 627.474, 627.475, 627.476, 627.479, 627.480, 627.481, 627.501, 627.502, 627.503, 627.504 , 627.505, 627.506, 627.507, 627.508, 627.509, 627.510, 627.511, 627.512, 627.513, 627.514, 627.515, 627.516, 627.517, 627.521, 627.551, 627.5515, 627.552, 627.553, 627.554,627.555,627.556,627.5565, 627.5575,627.558,627.559, 627.560, 627.561, 627.562, 627.563, 627.564, 627.565, 627.566, 627.567, 627.568, 627.5685, 627.5686, 627.569, 627.570,627.571, 627.572, 627.5725, 627.573, 627.574, 627.575, 627.601,627.602,627.603, 627.604,627.605, 627.6055, 627.6056,627.606,627.607, 627.608, 627.609, 627.610, 627.611, 627.612, 627.613, 627.614, 627.615, 627.616, 627.617,627.6176, 627.618,627.619,627.620,672.621, 627.622,627.623,627.624, 627.625, 627.626, 627.627, 627.628, 627.629, 627.630, 627.631, 627.632, 627.633, 627.634, 627.635, 627.636, 627.637, 627.638, 627.639, 627.640, 627.641, 627.642, 627.643, 627.644, 627.645, 627 .646, 627.647, 627.648, 627.6482, 627.6484, 627.6486, 627.6488, 627.649, 627.6492, 627.6494, 627.6496, 627.6498, 627.651, 627.6515, 627.652, 627.653, 627 .654, 627.655, 627.656, 627.657, 627.6573, 627.6575, 627.6576, 627.658, 627.659, 627.660, 627.661, 627.6615, 627.6616, 627.662, 627.663, 627.664, 627.6645, 627.6651, 627.666, 627.667, 627.6675, 627.668, 627.669, 627.671, 627.672, 627.673, 627.674, 627.675, 627.676, 627.677, 627.678, 627.6785, 627.679, 627.681, 627.682, 627.683, 627.684, 627.701, 627.702, 627.705, 627.706, 627.726, 627.7261, 627.7262, 627.7263, 627.7264, 627.727, 627 .728, 627.7281, 627.7285, 627.7286, 627.7288, 627.742, 627.743, 627.751, 627.752, 627.754,627.756,627.758,627.759,627.7711,627.7715,627.776,627.777, 627.778, 627.780,627.781,627.782, 627.783,627.784,627.7841,627.7845, 627.785, 627 .786, 627 .7865, 627.801, 627.8015, 627.802, 627.803, 627.804, 627.805, 627.8055, 627.806, 627.807, 627.826, 627.827, 627.828, 627.829, 627.832, 627.833, 627.834, 627.835, 627.836, 627.837, 627.838, 627.839, 627.840, 627.8405, 627.841, 627.842, 627.843, 627.844, 627.845, 627.847, 627.848, 627.849, 627.901, 627.902, 627.903, 627.904, 627.911, 627.912, 627.913, 627.914, 627.915, 627.917, 627.918, 627.919, 634.011, 634.021, 634.031 , 634.041, 634.052, 634.061, 634.071, 634.081, 634.101, 634.111, 634.121,634.1213,634.1216,634.131,634.136,634.137,634.141, 634.151, 634.161, 634.171 , 634.181, 634.191, 634.201, 634.211, 634.221, 634.231, 634.241, 634.251, 634.2515, 634.252, 634.253, 634.261, 634.271, 768.54.
October 1, 1993: ss. 381.272, 381.273, 381.422, 381.432, 381.442, 381.452, 381.455, 381.462, 381.472, 381.482, 397.071, 397.081, 397.091, 397.092, 397.093, 397.094, 397.095, 397.096, 397.098, 397.099, 399.01, 39~.02, 399.03, 399.035, 399.045, 399.05, 399.061, 399.o7, 399.10, 399.105, 399.11, 399.13, 400.011, 400.021, 400.022, 400.023, 400.041, 400.051, 400.062, 400.0625, 400.063, 400.071, 400.102, 400.111, 400.121, 400.125, 400.126, 400.141, 400.151, 400.162, 400.165, 400.17, 400.176, 400.179, 400.18, 400.19, 400.191 , 400.20, 400.211 , 400.23, 400.241, 400.25, 400.29, 400.301 , 400.304, 400.307, 400.311, 400.314, 400.317,
79
400.321, 400.3221, 400.324, 400.327, 400.33, 400.331, 400.332, 400.401, 400.402, 400.404, 400.407, 400.411,400.412,400.414,400.415,400.417, 400.4176,400.418, 400.419, 400.42, 400.421 , 400.422, 400.424, 400.426, 400.427, 400.428, 400.429, 400.431, 400.434, 400.435, 400.441 , 400.444, 400.447, 400.451 , 400.452, 400.454, 400.461, 400.462, 400.464, 400.467, 400.471, 400.474, 400.477, 400.481, 400.484, 400.487, 400.491, 400.494, 400.497, 400.501, 400.504, 400.55, 400.551, 400.552, 400.553, 400.554, 400.555, 400.556, 400.5565, 400.557. 400.5575, 400.558, 400.559, 400.56, 400.562, 400.563, 400.564, 400.601, 400.6015, 400.602, 400.603, 400.605, 400.6055, 400.606, 400.807, 400.608, 400.609, 400.610, 400.611, 400.613, 400.614, 402.301, 402.302, 402.305, 402.306, 402.307. 402.308, 402.309, 402.310, 402.311, 402.312, 402.313, 402.314, 402.315, 402.316, 409.145, 409.165, 483.011 , 483.021, 483.031, 483.041, 483.051, 483.053, 483.061 , 483.071, 483.091, 483.101 , 483.111, 483.131, 483.141, 483.151, 483.152, 483.153, 483.154, 483.161, 483.172, 483.181, 483.191, 483.201, 483.21, 483.221, 483.23, 483.245, 483.25, 483.28, 483.282, 483.285, 483.288, 483.291 , 483.294, 483.30, 483.302, 483.305, 483.308, 483.311, 483.314, 483.317, 483.32, 483.322, 483.325, 483.328, 500.12, 500.121, 502.032, 503.011, 503.021, 503.031, 503.041, 503.051, 503.062, 503.071, 503.081, 503.091, 513.01, 513.02, 513.03, 513.045, 513.05, 513.055, 513.08, 513.10, 513.13, 534.47, 534.48, 534.49, 534.50, 534.501, 534.51, 534.52, 534.53, 535.01, 535.02, 535.05, 535.11, 535.12, 535.13, 535.14, 535.19, 535.21, 574.01, 574.02, 574.03, 574.07, 574.08, 574.09, 574.12, 574.13, 574.131, 574.14, 616.001, 616.01, 616.02, 616.03, 616.04, 616.05, 616.051, 616.06, 616.07, 616.08, 616.09, 616.091, 616.101, 616.11, 616.12, 616.121, 616.13, 616.14, 616.15, 616.17, 616.19, 616.21 except subsection (2), 616.22, 616.23, 616.252, 616.253, 616.254, 616.255, 616.256, 616.257, 616.258, 616.259, 616.260, 616.261, 616.262, 616.263, 616.265, 616.266, 616.27, 616.28, 634.301, 634.302, 634.303, 634.304, 634.305, 634.306, 634.307. 634.3073, 634.3077. 634.308, 634.309, 634 .310, 634.311, 634.3112, 634.312, 634.3123, 634 .3126, 634.313, 634.3135, 634.314, 634.315, 634.317, 634.318, 634.319, 634.320, 634.321, 634.322, 634.3225, 634.323, 634.324, 634.325, 634.326, 634.327. 634.328, 634.3284, 634.329, 634.348, 634.401, 634.402, 634.403, 634.404, 634.405, 634.406, 634.407, 634.408, 634.4085, 634.409, 634.411, 634.412, 634.413, 634.414, 634.4145, 634.415, 634.416, 634.4165, 634.417, 634.419, 634.420, 634.421, 634.422, 634.423, 634.424, 634.425, 634.426, 634.427. 634.428, 634.429, 634.430, 634.431, 634.433, 634.435, 634.436, 634.437, 634.438, 634.439, 634.44, 634.441, 634.442, 634.443, 634.444, 635.011, 635.021, 635.031 , 635.041, 635.042, 635.051, 635.061, 635.071, 635.075, 635.081 , 635.091, 637.001 , 637.011, 637.021, 637.031, 637.041, 637.051, 637.061, 637.071, 637.081, 637.091, 637.111, 637.115, 637.116, 637.117, 637.118, 637.131, 637.141, 637.143, 637.144, 637.145, 637.146, 637.152, 637.161, 637.165, 637.167, 637.1701,637.171, 637.181 , 637.191, 637.201 , 637.211,637.221, 637.231,637.241, 637.251, 627.271, 637.275, 637.276, 637.277, 637.278, 637.291, 637.301, 637.302, 637.303, 637.304, 637.305, 637.315, 637.321, 637.325, 637.326, 637.401, 637.403, 637.405, 637.407, 637.409, 637.411, 637.413, 637.415, 637.417, 637.419, 637.421 , 637.423, 637.425, 637.427, 637.429, 638.021, 638.031, 638.041, 638.051, 638.061, 638.081, 638.091, 638.111, 638.121 , 638.122, 638.125, 638.131 , 638.141, 638.151 , 638.161, 638.181, 638.191, 638.201, 638.211, 638.221 , 638.231, 638.241 , 638.251, 638.261, 638.271, 638.282, 639.07, 639.08, 639.09, 639.10, 639.105, 639.11(1)-(3), 639.13(1)-(6), 639.14, 639.15, 639.16, 639.162, 639.165, 639.17, 639.185, 639.20, 639.21 , 639.22, 639.23, 639.24, 639.25, 639.26, 639.27, 639.28, 639.29, 639.30, 639.33, 642.011, 642.013, 642.015, 642.017, 642.019, 642.021, 642.023, 642.025, 642.027, 642.029, 642.032, 642.0331 , 642.0334, 642.0336, 642.0338, 642.034, 642.036, 642.038, 642.041, 642.043, 642.045, 642.047, 642.0475, 642.049, 651.011, 651.015, 651.021, 651.022, 651.023, 651.026, 651.033, 651.035, 651.041, 651.051, 651.055, 651.061, 651.065, 651.071, 651.081, 651.085, 651.091, 651.095, 651.105, 651.106, 651.107, 651.108, 651.111 , 651.114, 651.121, 651.125, 651.13, 651.131, 651.132, 651.133, 651.134.
'Note.-See s. 1, ch. 82-6, and ss. 1, 3, ch. 83-265, which amended s. 2, ch. 81-318. cf.- s. 11.611 Legislative review of advisory bodies, commissions, and boards of
trustees adjunct to executive agencies.
'11.611 Legislative review of advisory bodies, commissions, and boards of trustees adjunct to executive agencies.-
(1) This section may be cited as the "Sundown Act."
(2) The Legislature finds it to be in the public interest to conduct a periodic and systematic review of the need for, and the benefits derived from, advisory bodies, commissions, and boards of trustees created by specific statutory enactment as adjuncts to executive agencies. The Legislature declares this act to be supplemental to the Regulatory Sunset Act. The Legislature finds that:
(a) New advisory bodies, commissions, and boards of trustees adjunct to executive agencies should be created only when they are determined to be essential to the furtherance of public purposes, and their number should be kept to the minimum necessary to achieve those purposes.
(b) Advisory bodies, commissions, and boards of trustees adjunct to executive agencies should be terminated by the Legislature when they are no longer essential to the furtherance of public purposes. It is, therefore, incumbent upon the executive agency to
Ch.11 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING F.S. 1983
which an advisory body, commission, or board of trustees is adjunct to advise the Legislature at the time the advisory body, commission, or board of trustees ceases to be essential to the furtherance of a public purpose.
(c) The Legislature and the public should be kept informed of the number, purposes, members, activities, and expenses of committees as defined in s. 20.03(8), advisory bodies, commissions, and boards of trustees adjunct to executive agencies.
(d) If a provision of the Florida Statutes scheduled for repeal by ' s. 1 of chapter 82-46, Laws of Florida, is subsequently amended or transferred, such subsequent amendment or transfer, unless otherwise expressly provided in the act amending or transferring such provision, shall not affect the scheduled repeal by 2s. 1 of chapter 82-46 of the provision of the Florida Statutes; and such provision, as amended or transferred, shall stand repealed on the date specified in ' s. 1 of chapter 82-46.
(e) If a provision of the Florida Statutes repealed pursuant to this act is also included for repeal pursuant to the Regulatory Sunset Act, the Legislature shall conduct a Sundown review of the advisory body, commission, or board of trustees created or reestablished by that provision at the same time it conducts the Sunset review of the regulatory function, notwithstanding the date of repeal of the provision creating or reestablishing the advisory body, commission, or board of trustees.
(f) If a provision of the Florida Statutes creating or reestablishing an advisory body, commission, or board of trustees is adjunct to a regulatory function in sections or chapters of the Florida Statutes repealed pursuant to the Regulatory Sunset Act, that provision shall be repealed at the same time as the section or chapter relating to the regulatory function to which it is adjunct, notwithstanding the date of the repeal of the provision creating or reestablishing the advisory body, commission, or board of trustees.
(3) As used in this section: (a) "Advisory body" means any entity defined in
s. 20.03(7) or s. 20.03(9), or any group, by whatever name, created by specific statutory enactment as an adjunct to an executive agency to provide advice or recommendations and policy alternatives.
(b) "Commission" means any entity defined in s. 20.03(10), or any group, by whatever name, created by specific statutory enactment within a department, the Office of the Governor, or the Executive Office of the Governor, that exercises limited quasi-legislative or quasi-judicial powers, or both, independently of the head of the department or the Governor.
(c) "Board of trustees" means any entity defined in s. 20.03(12), or any group, by whatever name, created by specific statutory enactment as an adjunct to a department, the Governor, or the Executive Office of the Governor to administer public property or a public program.
(4) Each provision of the Florida Statutes scheduled for repeal by 's. 1 of chapter 82-46, Laws of Florida, shall be reviewed pursuant to this section prior to the date scheduled for repeal of the provision. Any act which, as a result of such review, continues or reestablishes an advisory body, commission, or board of trustees established by a provision of the Florida
80
Statutes repealed by ' s. 1 of chapter 82-46 shall schedule the provision of the Florida Statutes establishing such advisory body, commission, or board of trustees for subsequent repeal and for review within 10 years after the effective date of the act which continues or reestablishes such advisory body, commission, or board of trustees.
(5) Any act which creates an advisory body, commission, or board of trustees as an adjunct to an executive agency and which is enacted after the effective date of chapter 82-46, Laws of Florida, shall schedule the provision of law establishing such advisory body, commission, or board of trustees for repeal and for review pursuant to this section within 10 years after the effective date of the act which creates such advisory body, commission, or board of trustees.
(6) In determining whether to reestablish an advisory body, commission, or board of trustees, the Legislature shall consider the following:
(a) Was the advisory body, commission, or board of trustees created to resolve a problem or provide a service?
(b) Has the problem been solved or the service provided?
(c) What has the advisory body, commission, or board of trustees done and what is it doing?
(d) Is the advisory body, commission, or board of trustees operating efficiently and effectively to perform its task?
(e) Would there be a significant and discernible adverse effect on the executive agency if the advisory body, commission, or board of trustees were abolished?
(f) Would there be a significant and discernible adverse effect on the public if the advisory body, commission, or board of trustees were abolished?
(7) An advisory body, commission, or board of trustees shall not be created or reestablished unless:
(a) There is a statutorily defined purpose for the advisory body, commission, or board of trustees.
(b) The powers and responsibilities assigned to the advisory body, commission, or board of trustees conform with the definitions for governmental units ins. 20.03.
(c) All members, unless expressly provided otherwise in the State Constitution, are appointed for 4-year staggered terms.
(d) All members, unless expressly provided otherwise by specific statutory enactment, serve without additional compensation or honorarium and are authorized to receive only reimbursem*nt for per diem and traveling expenses as provided in s. 112.061.
(8)(a) The private citizen members of an advisory body which is adjunct to an executive agency shall be appointed by the Governor, the head of the department, the executive director of the department, or a Cabinet officer.
(b) The private citizen members of a commission or board of trustees which is adjunct to an executive agency shall be appointed by the Governor or a designated Cabinet officer, shall be confirmed by the Senate, and shall be subject to the dual officeholding prohibition of s. 5(a), Art. II of the State Constitution.
(9) Minutes, including a record of all votes cast,
F.S. 1983 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING Ch.ll
shall be maintained for all meetings of each advisory body, each commission, and each board of trustees.
(10) Within 30 days after the date of repeal by 's. 1 of chapter 82-46, Laws of Florida, of a provision of the Florida Statutes, the records of the advisory body, commission, or board of trustees abolished by such repeal shall be appropriately stored by the executive agency to which the advisory body, commission, or board of trustees was adjunct, and any property assigned to such abolished advisory body, commission, or board of trustees shall be reclaimed by the executive agency. An advisory body, commission, or board of trustees which has been abolished by the repeal of a provision of the Florida Statutes may not perform any activities after the date of such repeal.
(ll)(a) This act shall not affect the right to institute or prosecute any cause of action by or against an advisory body, commission, or board of trustees abolished pursuant to this act if the cause of the action accrued prior to the date the advisory body, commission, or board of trustees was abolished. Any cause of action pending on the date the advisory body, commission, or board of trustees is abolished, or instituted thereafter, shall be prosecuted or defended in the name of the state by the Department of Legal Affairs.
(b) Any repeal or amendment of any statute or rule pursuant to this act shall not affect any prosecution, investigation, or disciplinary action for any act committed before such repeal or amendment.
History.-ss. 1, 2, 3, 4, ch. 78-323; s. 1, ch. 82-46. 1Note.- Each of the following statutes, the operation of which ceases on the
respective date indicated, or the advisory body, commission, board of trustees, board, committee, or council provided for thereunder, is statutorily subject to legislative review in accordance with this section:
October 1, 1984: s. 467.004, s. 468.144, s. 468.205. October 1, 1985: s. 231.087, s. 231.261, s. 231.545. October 1, 1986: s. 458.3315. October 1, 1987: s. 14.22, s. 14.25, s. 20.315(7)(c), s. 23.133(3), s. 23.152, s.
23.153, s. 27.37, s. 110.301, s. 110.305, s. 110.309, s. 112.192, s. 112.215(8), s. 121.22, s. 121.23, s. 121.24, s. 238.04, s. 284.50(2), s. 292.04, s. 377.706, s. 406.02, s. 406.03, s. 406.04, s. 406.05, s. 570.23, s. 570.24, s. 570.25, s. 570.26, s. 570.27, s. 570.28, s. 570.34, s. 570.35, s. 570.38, s. 570.39, s. 570.42, s. 570.43, s. 570.543, s.
81
573.63, s. 573.64, s. 573.65, s. 573.814, s. 573.815, s. 573.816, s. 573.833(14), s. 573.843, s. 573.844, s. 573.845, s. 573.859(14), s. 573.869, s. 573.870, s. 573.871, s. 573.885(14), s . 573.895, s. 573.896, s. 573.897, s. 576.091, s. 581.186, s. 582.01(3)(b), s. 582.06, s. 589.01, s. 589.011, s. 589.02, s. 589.03, s. 590.36, s. 590.37, s. 590.38, s. 590.39, s. 590.40, s. 590.41, s. 6~3.30(4), s. 633.31, s. 633.32, s. 633.33, s. 633.511, s. 633.514, s. 943.045, s. 943.06, s. 943.08, s. 943.10(4), s. 943.11, s. 943.12, s. 943.13, s. 943.13(5) , (6), (7), s. 943.14, s. 943.145, s. 943.15, s. 943.16, s. 943.17, s. 943.18, s. 943.19, s. 943.20.
October 1, 1988: s. 20.17(3), s. 20.17(4), s. 20.261(3), s. 23.050(3), s. 23.145, s. 23.146, s. 23.147, s. 23.148, s. 23.1491, s. 218.37(3), s. 272.12(2), (3), s. 272.18, s. 288.347, s. 322.125, s. 373.0693, s. 373.0695, s. 373.073, s. 373.076, s. 373.079, s. 373.083, s. 373.084, s. 373.085, s. 373.086, s. 373.087' s. 373.089, s. 373.093, s. 373.096, s. 373.099, s. 373.103, s. 413.032, s. 413.033, s. 413.034, s. 413.035, s. 413.036, s. 413.037, s. 446.045, s. 487.043, s. 487.0615, s. 498.015, s. 499.02, s. 499.021 , s. 550.265(3), (4), s. 601.04(3), s. 601.1515(11), s. 601.154(4), s. 601.158(10).
October 1, 1989: s. 20.19(3)(b)3.a.-e., 4., s. 20.19(3)(b)3.f., s. 20.19(3)(b)7., s. 20.19(5), s. 20.19(6), (7), (8), s. 177.505, s. 215.96, s. 258.28, s. 259.035, s. 370.16(24), (25), (26), (27), (28), s. 372.5714, s. 374.031, s. 374.311, s. 374.321, s. 374.331, s. 374.341, s. 374.351, s. 374.361, s. 374.371, s. 374.391, s. 374.401, s. 374.411, s. 374.421, s. 374.431, s. 374.441, s. 374.451, s. 374.461, s. 374.471, s. 374.481, s. 374.491, s. 374.501, s. 374.511, s. 374.77, s. 374.78, s. 374.79, s. 374.80, s. 375.021(2), 8. 381.345, s. 381.3712(4), s. 381.493(3)(u), s. 383.14(4) , s. 383.20, 8.
391.091, s. 402.36(5), s. 553.09. October 1, 1990: 8. 106.24, s. 106.25, s. 106.26, s. 106.265, s. 106.27, s. 106.28,
8. 106.29, s. 257.02, s. 257.031, s. 265.136, s. 265.26, s. 265.261, s. 265.27, 8.
265.285, s. 265.288, s. 266.01, s. 266-02, s. 266.03, s. 266.04, s. 266.05, s. 266.06, s. 266.Q7, s. 266.101, 8. 266.102, s. 266.103, 8. 266.104, s. 266.105, s. 266.106, s. 266.110, s. 266.111, s. 266.112, s. 266.113, s. 266.114, s. 266.115, s. 266.201, s. 266.202, s. 266.203, s. 266.204, s. 266.205, s. 266.206, s. 266.301, s. 266.302, s. 266.303, s. 266.304, s. 266.305, s. 266.306, s. 266.401, s. 266.402, s. 266.403, s. 266.404, s. 266.405, s. 266.406, s. 266.408, s. 266.409, s. 266.410, s. 266.501, s. 266.502, s. 266.503, s. 266.504, s. 266.505, s. 266.506, s. 266.507, s. 267.0612, s. 282.301, s. 282.302, s. 282.303, s. 282.304, 8. 282.305, s. 282.306, s. 282.307, s. 282.308, s. 282.309, s. 282.311, s. 282.313, s. 287.073, s. 440.13(4)(b), s. 440.44(8), s. 443.171(5) , s. 446.20(2), 8. 493.303, s. 493.564, s. 509.215(6), s. 509.291.
October 1, 1991: s. 20.18(5), s. 154.401, s. 154.402, 8. 154.403, s. 154.404, 8. 154.405, s. 154.406, s. 154.407, s. 154.408, s. 154.409, s. 154.41, 8. 154.411, 8.
154.412, 8. 154.413, s. 154.414, s. 154.415, s. 154.418, s. 154.42, s. 154.422, s. 154.423, s. 154.424, s. 154.425, s. 154.426, 8. 229.053(2)(m), s. 229.8361, s. 230.2317(2), 8. 230.66(2), 8. 233.07, s. 233.08, s. 233.09, 8. 233.10, s. 233. 11, s. 233.115, s. 233.14, s. 233.15, s. 240.145, 8. 240.147, s. 240.257(6)(c), s. 240.421(1), (2), s. 240.429, s. 240.431 , s. 240.437(1), s. 240.515(2)(b), s. 240.533(3), s. 244.07, 8. 381.503(5), (10), s. 553.49, 8. 553.71(1), s. 553.74, s. 553.75, 8. 553.76, s. 553.77, s. 657.026, s. 657.027.
October 1, 1992: s. 290.049, s. 383.144, 8. 487.061. October 1, 1993: s. 370.025, s. 370.026, s. 370.027, s. 370.028, s. 370.029, s.
372.673, 8. 372.992, s. 400.304, s. 400.307, s. 616.21(2), s. 616.251, s. 651.121. ' Note.-See 8. 2, ch. 83-265, which amended s. 1, ch. 82-46.
cf.-s. 11.61 Regulatory Sunset Act. s. 240.421 Florida Council of Student Financial Aid Advisors. 8. 486.025 Physical Therapy Council.
Ch. 13 MISCELLANEOUS COMMISSIONS F.S. 1983
CHAPTER 13
MISCELLANEOUS COMMISSIONS
PART I INTERSTATE COOPERATION; COMMISSIONERS ON UNIFORM STATE LAWS (ss. 13.01-13.10)
PART II LAW REVISION (ss. 13.90-13.996)
PART I
INTERSTATE COOPERATION; COMMISSIONERS ON
UNIFORM STATE LAWS
13.01 Commission on Interstate Cooperation; composition.
13.02 Senate Committee on Interstate Cooperation created; members.
13.03 House of Representatives Committee on Interstate Cooperation; members.
13.04 House and Senate committees; terms; functions.
13.05 Governor's Committee on Interstate Cooper-ation; members.
13.06 Designation. 13.07 Functions of commission. 13.08 Powers and duties of commission. 13.09 Council of State Governments as joint gov
ernmental agency. 13.10 Commissioners for the Promotion of Unifor
mity of Legislation in the United States.
13.01 Commission on Interstate Cooperation; composition.-
(!) There is hereby established the Florida Commission on Interstate Cooperation. This commission shall be composed of 20 members, namely:
(a) The members of the Senate Committee on Interstate Cooperation;
(b) The members of the House Committee on Interstate Cooperation;
(c) The members of the Governor's Committee on Interstate Cooperation; and
(d) The Chief Justice of the Supreme Court or an associate justice designated by him.
(2) The Florida Commissioners for the Promotion of Uniformity of Legislation in the United States appointed pursuant to s. 13.10 shall be ex officio honorary nonvoting members of this commission. The commission shall elect a chairman and a vice chairman from among its members. The director of the office of planning and budgeting in the Executive Office of the Governor shall serve ex officio as secretary of the Governor's committee, and an employee of the Joint Legislative Management Committee designated by the executive director of the Joint Legislative Management Committee shall serve as secretary of the Joint Legislative Committee on Interstate Cooperation.
(3) The members of the commission and members of all special committees which it establishes shall serve without compensation for such service, but they shall be reimbursed for their traveling ex-
82
penses incurred in carrying out their obligations under this law as provided in s. 112.061.
History.-ss. 1, 8, ch. 28292, 1953; s. I, ch. 57-203; s. 3, ch. 63-400; s. 1, ch. 67-222; ss. 2, 3, ch. 67-371; ss. 29, 30, ch. 69-52; ss. 31, 35, ch. 69-106; s. 11, ch. 72-178; s. 5, ch. 73-333; s. 2, ch. 83-217.
Note.-Former s. 12.01.
13.02 Senate Committee on Interstate Cooperation created; members.-There is hereby established a standing committee of the Senate of this state, to be officially known as the Senate Committee on Interstate Cooperation, and to consist of the President of the Senate or an alternate designated by him and five senators appointed by the president. The members and the chairman of this committee shall be designated in the same manner as is provided by the rules of the Senate for the appointment of the members and chairmen of other standing committees of the Senate.
History.-s. 2, ch. 28292, 1953; s. 2, ch. 67-222. Note.- Former s. 12.02.
13.03 House of Representatives Committee on Interstate Cooperation; members.-There is hereby established a similar standing committee of the House of Representatives of this state, to be officially known as the House Committee on Interstate Cooperation and to consist of the Speaker of the House of Representatives or an alternate designated by him and five members of the House of Representatives appointed by the speaker. The members and the chairman of this committee shall be designated in the same manner as is provided by the rules of the House of Representatives for the appointment of the members and chairmen of other standing committees of the House of Representatives.
History.-s. 3, ch. 28292, 1953; s. 3, ch. 67-222. Note.-Former s. 12.03.
13.04 House and Senate committees; terms; functions.-The said standing committee of the Senate and the said standing committee of the House of Representatives shall function during the regular sessions of the Legislature and also during the interim period between such sessions; their members shall serve until their successors are designated; and they shall together constitute the Joint Legislative Committee on Interstate Cooperation.
History.-s. 5, ch. 28292, 1953; s. 4, ch. 67-222. Note.-Former s. 12.04.
13.05 Governor's Committee on Interstate Cooperation; members.-
(1) There is hereby established a committee of administrative officials of this state to be officially known as the Governor's Committee on Interstate Cooperation, and to consist of seven members. Its
F.S.1983 MISCELLANEOUS COMMISSIONS Ch. 13
members shall be the Governor, Secretary of State, Attorney General, Comptroller, Treasurer, Commissioner of Education, and Commissioner of Agriculture. Any member of the Governor's committee may designate an alternate to serve in his place upon any occasion; such alternate shall be an administrative official or employee of the state.
(2) The Governor shall appoint one of the members of this committee as its chairman. The incumbency of each member of this committee shall extend until his successor is appointed.
History.-s. 4, ch. 28292, 1953; s. 5, ch. 67-222; s. 1, ch. 69-300. Note.-Former s. 12.05.
13.06 Designation.-The committees and the commission established by ss. 13.01-13.09 shall be informally known, respectively, as the Senate Cooperation Committee, the House Cooperation Committee, the Governor's Cooperation Committee and the Florida Commission on Interstate Cooperation.
History.-s. 9, ch. 28292, 1953. N ote.-Former s. 12.06.
13.07 Functions of commission.-lt shall be the function of this commission:
(1) To carry forward the participation of this state as a member of the Council of State Governments.
(2) To encourage and assist the legislative, executive, administrative and judicial officials and employees of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise, with officials and employees of the other states, of the federal government, and of local units of government.
(3) To endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for, and by facilitating:
(a) The adoption of compacts; (b) The enactment of uniform or reciprocal stat
utes; (c) The adoption of uniform or reciprocal admin
istrative rules and regulations; (d) The informal cooperation of governmental of
fices with one another; (e) The personal cooperation of governmental of
ficials and employees with one another, individually; (f) The interchange and clearance of research and
information; and (g) Any other suitable process. (4) In short, to do all such acts as will, in the
opinion of this commission, enable Florida to do its part in forming a more perfect union among the various governments in the United States and in developing the Council of State Governments for that purpose.
History .-s. 6, ch. 28292, 1953. Note.- Former s. 12.07.
13.08 Powers and duties of commission.(!) The commission shall establish such commit
tees as it deems advisable, in order that they may confer and formulate proposals concerning effective means to secure intergovernmental harmony, and may perform other functions for the commission in obedience to its decisions.
83
(2) Subject to the approval of the commission, the member or members of any special committee shall be appointed by the chairman of the commission. State officials or employees who are not members of the Commission on Interstate Cooperation may be appointed as members of any such special committee, but private citizens holding no governmental position in this state shall not be eligible.
(3) The commission may provide such other rules as it considers appropriate concerning the membership and the functioning of any such special committee.
(4) The commission may provide for advisory boards for itself and for its various committees, and may authorize private citizens to serve on such boards.
(5) The commission shall report to the Governor and to the Legislature within 15 days after the convening of each regular legislative session, and at such other times as it deems appropriate.
(6) The commission, by contributions from the state to the Council of State Governments, may participate with other states in maintaining the said council's district and central secretariats and its other governmental services.
(7) The commission may appoint a secretary who shall serve without compensation except that he shall be reimbursed for traveling expenses as provided in s. 112.061. The secretary shall keep records of commission activities and assist in preparing the periodic reports.
History.-ss. 7, 8, ch. 28292, 1953; s. 1, ch. 57-307; s. 19, ch. 63-400; s. 1, ch. 73-305.
N ote.-Former s. 12.08.
13.09 Council of State Governments as joint governmental agency.-The Council of State Governments is hereby declared to be a joint governmental agency of this state and of the other states which cooperate through it.
History.-s. 10, ch. 28292, 1953. N ote.-Former s. 12.09.
13.10 Commissioners for the Promotion of Uniformity of Legislation in the United States.
(1) The Governor shall appoint, subject to confirmation by the Senate, three commissioners by the name and style of Commissioners for the Promotion of Uniformity of Legislation in the United States.
(2) The said board shall examine the subjects of marriage and dissolution of marriage, insolvency, form of notarial certificates, descent and distribution of property, acknowledgment of deeds, execution and probate of wills, and other subjects; ascertain the best means to effect assimilation and uniformity in the laws of the state, and cooperate and advise with similar commissions appointed for a like purpose in other states of the union; and, if wise and practicable, draft uniform laws to be submitted for the approval and adoption of the several states, and devise and recommend such other course of action as shall best accomplish the purposes of this section.
(3) Said commissioners shall serve for 4 years and without compensation, but shall be reimbursed for traveling expenses as provided in s. 112.061.
Ch.13 MISCELLANEOUS COMMISSIONS F.S. 1983
(4) The executive director of the Joint Legislative Management Committee shall designate an appropriate employee of the joint committee staff to serve as an associate member and secretary of the commission. He shall prepare and sign all vouchers authorized by law and keep such records as directed by the commissioners
History.-s. 1, ch. 4447, 1895; GS 66; RGS 77; CGL 93; s. 1, ch. 61-42; s. 19, ch. 63-400; s. 2, ch. 67-472; ss. 1, 29, 30, ch. 69-52; s. 12, ch. 72-178; s. 1, ch. 73-300; s. 1, ch. 77-85.
Note.- Former s. 11.01.
13.90 13.91 13.92 13.93 13.94 13.95 13.96 13.97 13.98 13.99 13.992 13.993
13.994 13.995 13.996
PART II
LAW REVISION
Establishment. Members. Term. Reappointment of members. Chairman. Compensation of members. Functions. Receipt of suggested reforms. Report to Legislature. Personnel. Powers. Procurement of information from public
agencies and officers. Rules and regulations. Appropriations and use of funds. Revision of criminal laws.
13.90 Establishment.-The Florida Legislative Law Revision Council is hereby established.
History.-s. 1, ch. 67-472; s. 1, ch. 72-107; s. 1, ch. 77-37.
13.91 Members.-The council shall be composed of 12 members. The President of the Senate shall appoint four members, at least two of whom shall be members of the Senate; the Speaker of the House of Representatives shall appoint four members, at least two of whom shall be members of the House; and four members shall be appointed by the Board of Governors of The Florida Bar. Each appointee shall be a member of The Florida Bar or a member of the faculty of an accredited college of law in the state and shall be a person who has demonstrated an interest in law reform. Appointments shall be made without regard to political affiliation.
History.-s. I, ch. 67-472; s. 2, ch. 72-107; s. I , ch. 77-37.
13.92 Term.-Each of the legislative members appointed by the presiding officer of each house of the Legislature shall serve for a term of 2 years commencing July 1 of each odd-numbered year. The offices of legislative members shall become vacant if they cease to be members of the house of the Legislature from which they were appointed. Each of the other members shall serve for a term of 4 years, commencing July 1 in the year of appointment. Vacancies shall be filled for the unexpired terms in the same manner in which the initial members were appointed.
History.-s. I, ch. 67-472; s. 3, ch. 72-107; s. I, ch. 77-37.
13.93 Reappointment of members.-All members of the council are eligible for reappointment.
History.-s. !, ch. 67-472; s. 4, ch. 72-107.
84
13.94 Chairman.-Members of the council shall elect a chairman and vice chairman who shall serve for terms of 2 years and shall be eligible to succeed themselves.
History.-s. 1, ch. 67-472; s. 5, ch. 72-107.
13.95 Compensation of members.-The members of the council shall serve without compensation, but they shall be reimbursed for expenses pursuant to s. 112.061.
History.-s. I, ch. 67-472; s. 6, ch. 72-107.
13.96 Functions.-The council shall: (1) Examine the common law, constitution and
statutes of the state and current judicial decisions for the purpose of discovering defects and anachronisms in the law and recommending needed reforms;
(2) Recommend, from time to time, such changes in the law as it deems proper to modify or eliminate antiquated and inequitable rules of law, and to bring the law of the state into harmony with modern conditions;
(3) Conduct such surveys or research of the law of Florida as the Legislature may request.
History.-s. 1, ch. 67-472; s. 7, ch. 72-107.
13.97 Receipt of suggested reforms.-The council shall receive and consider and may prepare comments and recommendations on proposed changes in the law recommended by any public official, organization or person.
History.-s. 1, ch. 67-472; s. 8, ch. 72-107.
13.98 Report to Legislature.-The council shall submit a report of its actions to each regular session of the Legislature at the beginning of the session with any legislative drafts which it proposes. The report shall include a description of the projects initiated, pending or completed during the preceding period, and may include recommendations and comments.
History.-s. I , ch. 67-472; s. 9, ch. 72-107.
13.99 Personnel.-The council shall appoint an executive director who shall serve at the pleasure of the council. The council shall appoint such additional personnel as are necessary for the work of the council or by rule may delegate the executive director to make the appointments. The council shall fix the compensation of the executive director and of all other persons within the amount from time to time appropriated for the council. The council is authorized to pay compensation to personnel who are simultaneously employed by the council and by the state or by any agency or subdivision of the state.
History.-s. 1, ch. 67-472; s. 10, ch. 72-107.
13.992 Powers.-The council may procure temporary and intermittent professional services and render compensation therefor within the amount appropriated for the work of the council. The council may also contract for the services with colleges, universities, schools of law, or other research institutions and may cooperate generally with any learned or professional association or institution.
History.-s. 1, ch. 67-472; s. 11, ch. 72-107.
F.S. 1983 MISCELLANEOUS COMMISSIONS Ch.13
13.993 Procurement of information from public agencies and officers.-The council may procure information and assistance from the state or any subdivision or municipal corporation or public officer or governmental department or agency thereof. All agencies, officers and political subdivisions of the state or municipal corporations shall give the council all relevant information and reasonable assistance on any matters of research within their knowledge or control. History.~s. I , ch. 67-472; s. 12, ch. 72-107.
13.994 . Rules and regulations.-The council may make rules and regulations for the conduct of its business and to carry out the purposes of this act.
History.-s. I , ch. 67-472; s. 13, ch. 72-107.
13.995 Appropriations and use of funds.-At
85
each regular session of the Legislature an appropriation shall be made to carry out the purpose of this act. Funds appropriated for the p1,1rposes of this act or transferred to the council by other state agencies for such purposes are available for the exercise of any authority granted by this act.
History .-s. I, ch. 67-472; s. 14, ch. 72-107.
13.996 Revision of criminal laws.-The first duty of the council shall be to initiate, supervise and complete a revision of the criminal laws of this state, either in bulk or in the stages or parts that the council determines to be feasible . In so doing, it shall consult with persons experienced in the application and enforcement of the criminal laws in this state and persons who have experience in working with similar entities in other states.
History.- s. I, ch. 67-472; s. 15, ch. 72-107.
TITLE IV EXECUTIVE BRANCH
CHAPTER 14
GOVERNOR
14.01
14.02
14.021
14.022
14.03 14.055 14.056 14.057
14.058 14.06
14.201 14.202 14.22
14.23 14.25
14.26
Governor; residence; office; authority to protect life, liberty and property.
Governor may preserve peace and order by military force.
Governor; promulgation and enforcement of emergency rules and regulations.
Governor; emergency powers to quell vio-lence.
Governor's private secretary. Succession to office of Governor. Succession as Acting Governor. Governor-elect; establishment of operating
fund. Inauguration expense fund. Governor authorized to employ clerical as-
sistance for departments of state. Executive Office of the Governor. Administration Commission. Governor's Council on Physical Fitness and
Sports; Sunshine State Games; direct-support organizations.
State-Federal relations. Florida State Commission on Hispanic Af
fairs. Citizen's Assistance Office.
14.01 Governor; residence; office; authority to protect life, liberty and property.-The Governor shall reside at the head of government and shall have his office in the capitol. The Governor may have such other offices within the state as he may deem necessary. The Governor may employ as many persons as he, in his discretion, may deem necessary to procure and secure protection to life, liberty and property of the inhabitants of the state, also to protect the property of the state.
History.-ch. 1660, 1868; RS 68; GS 69; RGS 83; CGL 104; s. 1, ch. 65-54. cf.-s. 281.20 Transportation and protective services.
14.02 Governor may preserve peace and order by military force.-The Governor may, in cases of insurrection or rebellion, violence, disorder or insecurity of life, liberty and property, support and preserve the public peace and order by the military force of the state.
History.-s. 1, ch. 1745, 1870; RS 69; GS 70; RGS 84; CGL 105. cf.-s. 250.28 Order for troops to aid civil authorities.
14.021 Governor; promulgation and enforcement of emergency rules and regulations.-
(!) The Governor of Florida is hereby authorized
86
and empowered to promulgate and enforce such emergency rules and regulations as are necessary to prevent, control, or quell violence, threatened or actual, during any emergency lawfully declared by him to exist. In order to protect the public welfare, persons and property of citizens against violence, public property damage, overt threats of violence, and to maintain peace, tranquillity, and good order in the state, these rules and regulations may control public parks, public buildings, or any other public facility in Florida and shall regulate the manner of use, the time of use, and persons using the facility during any emergency. These rules and regulations shall have the same force and effect as law during any emergency and shall affect such persons, public buildings, and public facilities as in the judgment of the Governor shall best provide a safeguard for protection of persons and property where danger, violence, and threats exist or are threatened among the citizens of Florida.
(2) Whenever the Governor shall promulgate emergency rules and regulations, such rules and regulations shall be published and posted during the emergency in the area affected, in addition to any other notice required by law.
(3) The Governor shall have emergency power to call upon the military forces of the state or any other law enforcement agency, state or county, to enforce the rules and regulations authorized by this law.
(4) The powers herein granted are supplemental to and in aid of powers now vested in the Governor of this state under the constitution, statutory laws and police powers of said state.
(5) The provisions of this section shall continue in full force and effect until otherwise amended.
History.-ss. 1-4, 6, ch. 31389, 1956; s. 1, ch. 61-239; s. 1, ch. 65-95; ss. 10, 35, ch. 69-106; s. 18, ch. 78-95.
14.022 Governor; emergency powers to quell violence.-
( I) The Governor of Florida is hereby authorized and empowered to take such measures and to do all and every act and thing which he may deem necessary in order to prevent overt threats of violence or violence, to the person or property of citizens of the state and to maintain peace, tranquillity and good order in the state, and in any political subdivision thereof, and in any area of the state designated by him.
(2) The Governor when, in his opinion, the facts
F.S. 1983 GOVERNOR Ch.14
warrant, shall, by proclamation, declare that, because of unlawful assemblage, violence, overt threats of violence, or otherwise, a danger exists to the person or property of any citizen or citizens of the state and that the peace and tranquillity of the state, or any political subdivision thereof, or any area of the state designated by him, is threatened, and because thereof an emergency, with reference to said threats and danger, exists. In all such cases when the Governor shall issue his proclamation as herein provided he shall be and is hereby further authorized and empowered, to cope with said threats and danger, to order and direct any individual person, corporation, association or group of persons to do any act which would in his opinion prevent danger to life, limb or property, prevent a breach of the peace or he may order such individual person, corporation, association or group of persons to refrain from doing any act or thing which would, in his opinion, endanger life, limb, or property, or cause, or tend to cause, a breach of the peace, or endanger the peace and good order of society, and shall have full power by appropriate means to enforce such order or proclamation.
(3) The Governor, upon the issuance of a proclamation as provided for in subsection (2), is hereby authorized and empowered to take and exercise any, either, or all of the following actions, powers, and prerogatives:
(a) Call out the military forces of the state (state militia) and order and direct said forces to take such action as in his judgment may be necessary to avert the threatened danger and to maintain peace and good order in the particular circ*mstances.
(b) Order any sheriff or sheriffs of this state, pursuant to a proclamation as herein provided, to exercise fully the powers granted them, and each of them, under s. 30.15(6) (suppress tumults, riots, and unlawful assemblies in their counties with force and strong hand when necessary) and to do ·all things necessary to maintain peace and good order.
(c) Order and direct the State Highway Patrol, and each and every officer thereof, to do and perform such acts and services as he may direct and in his judgment are necessary in the circ*mstances to maintain peace and good order.
(d) Authorize, order or direct any state, county, or city official to enforce the provisions of such proclamation in each and every and all of the courts in the state by injunction, mandamus, or other appropriat~ legal action.
(4) The Governor is hereby authorized and empowered to intervene in any situation where there exists violence, overt threats of violence to persons or property and take complete control thereof to prevent violence, or to quell violence or any disturbance or disorder which threatens the peace and good order of society.
(5) The powers herein granted are supplemental to and in aid of powers now vested in the Governor under the constitution, statutory laws and police powers of said state.
(6) The provisions of this section shall continue in full force and effect until otherwise amended.
History.-ss. 1-6, ch. 31390, 1956; s. 2, ch. 61-239; s. 2, ch. 65-95; ss. 10, 35, ch. 69-106; s. 18, ch. 78-95.
87
14.03 Governor's private secretary.-The Governor of this state may appoint and commission a fit and proper person to hold his office during the pleasure of the Governor, as private secretary of the Governor, and as clerk for the executive department, and who shall attend daily, during office hours, at the capitol, and perform such duties in the office of the Governor as he may be directed by the Governor to perform.
History.-s. 3, ch. 3, 1845; RS 71; GS 72; RGS 86; CGL 107.
14.055 Succession to office of Governor. -Upon vacancy in the office of Governor, the Lieutenant Governor shall become Governor. Upon vacancy in the office of Governor and in the office of Lieutenant Governor, the Secretary of State shall become Governor; or if the office of Secretary of State be vacant, then the Attorney General shall become Governor; or if the office of Attorney General be vacant, then the Comptroller shall become Governor; or if the office of Comptroller be vacant, then the Treasurer shall become Governor; or if the office of Treasurer be vacant, then the Commissioner of Education shall become Governor; or if the office of Commissioner of Education be vacant, then the Commissioner of Agriculture shall become Governor. A successor under this section shall serve for the remainder of the term and shall receive all the rights, privileges and emoluments of the Governor. In case a vacancy shall occur in the office of Governor and provision is not made herein for filling such vacancy, then the Speaker of the House and the President of the Senate shall convene the Legislature by joint proclamation within 15 days for the purpose of choosing a person to serve as Governor for the remainder of the term. A successor shall be elected by a majority vote in a joint session of both houses.
History.-s. I, ch. 70-171. cf.-s. 3, Art IV. State Const. Succession to office of Governor; Acting Governor.
14.056 Succession as Acting Governor. -Upon impeachment of the Governor and until completion of trial thereof, or during his physical or mental incapacity, the Lieutenant Governor shall become Acting Governor. Upon impeachment or physical or mental incapacity of an Acting Governor, or upon vacancy in the office of the person serving as Acting Governor, the powers and duties of Acting Governor shall devolve upon the same officer as in the case of vacancy in the office of Governor. A successor shall serve until the disability of either the Lieutenant Governor or Governor ceases. Incapacity and restoration of capacity to serve as Acting Governor shall be determined in the same manner as in making such determinations for Governor. In any case in which succession as Acting Governor is not provided herein, the Speaker of the House and the President of the Senate shall convene the Legislature by joint proclamation within 15 days for the purpose of choosing a person to serve as Acting Governor. Such person shall be elected by a majority vote in a joint session of both houses.
History .-s. 2, ch. 70-171. cf.-s. 3, Art. IV, State Const. Succession to office of Governor; Acting Gover
nor.
Ch.14 GOVERNOR F.S. 1983
14.057 Governor-elect; establishment of operating fund.-
(1) There is established an operating fund for the use of the Governor-elect during the period dating from the certification of his election by the Elections Canvassing Commission to his inauguration as Governor. The Governor-elect during this period may allocate the fund to travel, expenses, his salary, and the salaries of his staff as he determines. Such staff may include, but not be limited to, a chief administrative assistant, a legal adviser, a fiscal expert, and a public relations and information adviser. The salary of the Governor-elect and each member of his staff during this period shall be determined by the Governor-elect, except that the total expenditures chargeable to the state under this section, including salaries, shall not exceed the amount appropriated to the operating fund. The Executive Office of the Governor shall supply to the Governor-elect suitable forms to provide for the expenditure of the fund and suitable forms to provide for the reporting of all expenditures therefrom. The Comptroller shall release moneys from this fund upon the request of the Governor-elect properly filed.
(2) The Department of General Services shall provide for the Governor-elect, his staff, and the inauguration staff temporary office facilities in the capitol center for the period extending from the day of the certification of his election by the Elections Canvassing Commission to the day of his inauguration.
(3) In the event an incumbent Governor is reelected for a second consecutive term the moneys appropriated hereby to the operating fund for the Governor-elect shall revert to the general revenue fund. An incumbent Governor reelected for a second consecutive term shall not be considered a Governor-elect for the purposes of expending the operating fund established in subsection (1).
History.-ss. I , 2, 3, ch. 70-1006; s. 59, ch. 79-190.
14.058 Inauguration expense fund.-There is established an inauguration expense fund for the use of the Governor-elect in planning and conducting the inauguration ceremonies. The Governor-elect shall appoint an inauguration coordinator and such staff as necessary to plan and conduct the inauguration. Salaries for the inauguration coordinator and his staff shall be determined by the Governor-elect and shall be paid from the inauguration expense fund. The Executive Office of the Governor shall supply to the inauguration coordinator suitable forms to provide for the expenditure of the fund and suitable forms to provide for the reporting of all expenditures therefrom. The Comptroller shall release moneys from this fund upon the request of the inauguration coordinator properly filed.
History.- s. 4, ch. 70-1006; s. 60, ch. 79-190.
14.06 Governor authorized to employ clerical assistance for departments of state.-The Governor of the state may employ clerical aid to work in any department of the state under the supervision and direction of the head of such department whenever in the judgment of the Governor such additional help is necessary for the proper conduct of the business and affairs of such department, and when the
88
same has become necessary by reason of the increase in the business of such department and was not foreseen and adequately provided for in the general appropriations bill. The Governor is further authorized to employ such persons as may be required from time to time to make such investigations as may, in the judgment of the Governor, be necessary or expedient to efficiently conduct the affairs of the state government, especially to make investigation and report of matters concerning taxation and finance throughout the state.
History.-s. 1, ch. 11369, 1925; CGL 109.
14.201 Executive Office of the Governor. -There is created the Executive Office of the Governor. The head of the Executive Office of the Governor is the Governor.
History.- s. 1, ch. 79-190.
14.202 Administration Commission.-There is created as part of the Executive Office of the Governor an Administration Commission composed of the Governor and Cabinet. The Governor is chairman of the commission. The Governor or Comptroller may call a meeting of the commission promptly each time the need therefor arises. Unless otherwise provided herein, affirmative action by the commission shall require the approval of the Governor and at least three other members of the commission. The commission shall adopt such rules as it deems necessary to carry out its duties and responsibilities.
History.- s. 1, ch. 79-190.
114.22 Governor's Council on Physical Fitness and Sports; Sunshine State Games; direct-support organizations.-
(l)(a) The Florida Governor's Council on Physical Fitness and Sports is created within the office of the Governor, to be composed of 25 members with appropriate interests and representing the various geographical areas of the state. The members shall be appointed by the Governor for staggered terms of 3 years expiring on July 1 in the appropriate year, except that the initial terms of the five additional members shall be 1 year for two members, 2 years for two members, and 3 years for one member. Members presently serving on the council shall continue to serve until the expiration of their present terms. The Governor may reappoint any person who has served or is serving as a member of the council.
(b) The Governor shall appoint a member of the council to serve as chairperson, and the council shall elect one of its members to serve as vice chairperson. Each shall serve terms of 2 years.
(c) The council shall meet semiannually and at the call of the chairperson.
(d) Members of the council shall receive no compensation, but shall receive per diem and travel expenses as provided in s. 112.061.
(e) The Governor may appoint, upon the recommendation of the council, an executive director, and the executive director may employ such staff as may be authorized by the Governor. The compensation of the executive director and staff shall be set by the Governor.
F.S. 1983 GOVERNOR Ch.14
(f) By a two-thirds vote of the council, a member may be dismissed from membership for such reasons as the council may establish, which reasons shall include lack of interest in council duties or repeated absences from council meetings. Vacancies created by dismissal shall be filled by the Governor.
(2) In order to promote physical fitness and sports, the Florida Governor's Council on Physical Fitness and Sports shall have the power and duty to:
(a) Develop, foster, and coordinate services and programs of physical fitness and sports for the people of Florida.
(b) Sponsor physical fitness and sports workshops, clinics, conferences, and other similar activities.
(c) Give recognition to outstanding developments and achievements in, and contributions to, physical fitness and sports.
(d) Stimulate physical fitness research. (e) Collect and disseminate physical fitness and
sports information and initiate advertising campaigns promoting physical fitness and sports.
(f) Assist schools in developing health and physical fitness programs for students.
(g) Encourage local governments and communities to develop local physical fitness programs and amateur athletic competitions.
(h) Develop programs to promote personal health and physical fitness in cooperation with medical, dental, and other similar professional societies.
(i) Enlist the support of individuals, civic groups, amateur and professional sports associations, and other organizations to promote and improve physical fitness and sports programs.
(j) Develop means of attracting and locating professional sports franchises and sports-related industries in the state as well as assisting those located in the state.
(k) Promote the development of recreational athletic opportunities and professional athletic activities in the state including means of facilitating the acquisition, proper financing, construction, and rehabilitation of sports facilities for the holding of professional and amateur athletic events.
(I) Promote the development of a program of statewide amateur athletic competition to be known as the "Sunshine State Games."
(3)(a) The Sunshine State Games shall be patterned after the Summer Olympics with variations as necessitated by availability of facilities, equipment, and expertise. The games shall be designed to encourage the participation of athletes representing a broad range of age groups, skill levels, and Florida communities. Participants shall be residents of this state. Regional competitions shall be held throughout the state, and the top qualifiers in each sport shall proceed to the final competitions to be held at a site geographically centered in the state with the necessary facilities and equipment for conducting the competitions. The frequency of the games shall be determined by the council.
(b)l. Authority is hereby granted to create Sunshine State Games direct-support organizations. A Sunshine State Games direct-support organization is an organization which is:
89
a. Incorporated under the provisions of chapter 617 and approved by the Department of State as a Florida corporation not for profit;
b. Organized and operated to receive, hold, invest, and administer property and to make expenditures to or for the benefit of the Sunshine State Games; and
c. Certified by the Executive Office of the Governor, after review, to be operating in a manner consistent with the goals of the Sunshine State Games and in the best interest of the state.
2. The Executive Office of the Governor is authorized to permit the use of property, facilities, and personal service of or at any state facility or institution by any Sunshine State Games direct-support organization, subject to the provisions of this section. For the purposes of this subparagraph, personal services includes full-time or part-time personnel as well as payroll processing.
3. Each Sunshine State Games direct-support organization shall make provisions for an annual postaudit of its financial accounts by an independent certified public accountant. The annual audit report shall be submitted to the Executive Office of the Governor for review. The identity of donors who desire to remain anonymous shall be protected, and that anonymity shall be maintained in the auditor's report. All records of the organization other than the auditor's report shall not be considered public records for the purposes of chapter 119.
(4) The council may accept grants, gifts, and bequests and enter into contracts to carry out the purposes of this act.
History.- ss. 1, 2, ch. 77-169; s. 1, ch. 79-195; s. 2, ch. 80-182; s. 1, ch. 82-46; s. 2, ch. 83-265.
'Note.-Repealed effective October I , 1987, by s. I, ch. 82-46, as amended by s. 2, ch. 83-265, and scheduled for review pursuant to s. 11.611 in advance of that date.
14.23 State-Federal relations.-(!) LEGISLATIVE INTENT.-It is the intent of
this legislation to establish mechanisms through which the legislative and executive branches of state government can work together in a cooperative alliance, to strengthen the state's relationship with our Congressional Delegation and with federal agencies, and to improve our position over federal legislative impact on the state. Florida's Congressional Delegation is, in this regard, the most important linkage in representing Florida's interests in the nation's capital. Therefore, the mechanisms and resources created herein, for the furtherance of the state's intergovernmental efforts, shall include the Congressional Delegation and be available to meet its needs.
(2) CREATION OF THE OFFICE OF STATE-FEDERAL RELATIONS.-
(a) There is created, within the Executive Office of the Governor, the Office of State-Federal Relations for the State of Florida, hereinafter referred to as the "office," to be located in Washington, D.C. The office shall represent both the legislative and executive branches of state government. The Legislature shall have direct access to the staff of the office.
(b) The duties of the office shall be determined by the Governor, in consultation with the President of the Senate and the Speaker of the House of Repre-
Ch.14 GOVERNOR F.S. 1983
sentatives, and shall include, but not be limited to, the following:
1. To provide legislative and administrative liaison between state and federal officials and agencies and with Congress.
2. To provide grants assistance and advice to state agencies.
3. To assist in the development and implementation of strategies for the evaluation and management of the state's federal legislative program and intergovernmental efforts.
4. To facilitate the activities of Florida officials traveling to Washington, D.C., in the performance of their official duties.
(c) The head of the office shall be the director, who shall be appointed by and serve at the pleasure of the Governor.
(3) COOPERATION.-For the purpose of centralizing the state-federal relations efforts of the state, state agencies and their representatives shall cooperate and coordinate their state-federal efforts and activities with the office. State agencies which have representatives headquartered in Washington, D.C., are encouraged to station their representatives in the office.
History.-ss. 5, 6, ch. 77-419; s. 9, ch. 79-190.
114.25 Florida State Commission on Hispanic Affairs.-
(1) It is the intent of the Legislature to provide a means by which the state may obtain a comprehensive and ongoing study relating to those citizens of Florida who are of an Hispanic origin. The commission created by this act is not an executive department or agency for purposes of assignment under s. 6 of Art. IV of the State Constitution, nor is it an agency within the legislative intent of chapter 216 or chapter 287.
(2)(a) There is created within the Executive Office of the Governor a Florida State Commission on Hispanic Affairs. The commission shall consist of 15 members appointed by the Governor and broadly representative of the interests and needs of persons in this state who are of Hispanic origin, including, but not limited to, such areas as education, social services, commerce, and general culture and the arts.
(b) The commission shall annually designate one of its members to serve as chairperson. The duties of the chairperson shall include responsibility for the administration of the commission.
(c) Members of the commission shall serve without compensation, but shall be reimbursed for per diem and travel expenses in accordance with s. 112.061.
(d) Members shall serve for terms of 4 years, except that, of those initially appointed, seven shall serve for terms of 2 years and eight shall serve for terms of 4 years. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
(e) The Executive Office of the Governor shall provide administrative support and service to the commission. The commission shall not be subject to control, supervision, or direction by the Executive Office of the Governor.
90
(f) The commissiOn shall have the authority to employ an executive director and such other personnel as may be necessary to carry out the provisions of this section.
(3)(a) The commission shall secure staff assistance and utilize clerical resources, materials, and other support services of the Executive Office of the Governor and other executive agencies and coordinate and consult with existing legislative staff, in order that minimum costs and maximum expertise be achieved.
(b) The commission shall utilize the talents, expertise, and resources within the state, and especially those of the university system, to whatever extent practicable.
(c) The commission may procure information and assistance from the state or any subdivision, municipal corporation, public officer, governmental department, or agency thereof. All agencies, officers, and political subdivisions of the state or municipal corporations shall give the commission all relevant information and reasonable assistance on any matters of research within their knowledge or control. In the case of a refusal to honor a request for information or request to any person, the commission may make application to any circuit court in this state, which shall have jurisdiction to order the witness to appear before the commission or to produce evidence, if so ordered, or to give testimony concerning the matter in question. Failure to obey the order may be punished by the court as contempt.
(d) The commission may apply for and accept funds, grants, gifts, and services from the state, the government of the United States or any of its agencies, or any other public or private source and is authorized to use funds derived from these sources to defray clerical and administrative costs as may be necessary for carrying out the commission's assigned duties.
(4)(a) It is the duty of the commission to carry out an ongoing study on the problems and needs of those citizens of Florida who predominantly speak the Spanish language. The study shall include, but not be limited to, the following areas:
1. A survey of existing programs within the educational system of the state, including such areas as teacher training, resource availability, and transportation of students, with recommendations for the extension and improvement of such programs.
2. A survey of the needs of such persons in the areas of social services and commerce, with recommendations regarding types of family and community services that would be useful in aiding such persons in adapting to, and functioning within, an English-speaking society.
3. A survey of the general cultural and artistic interests and needs of such persons and of the contributions such persons can make to the people of Florida, with recommendations for meeting those needs and fostering and encouraging those interests and contributions.
(b) The commission shall prepare an annual report based on the study carried out under the provisions of paragraph (4)(a), to be presented to the Governor no later than January 1, with copies to the Speaker of the House of Representatives and Presi-
F.S. 1983 GOVERNOR Ch.14
dent of the Senate. The report shall include specific suggestions for necessary legislation and specific recommendations for any necessary administrative or regulatory reform.
History.-ss. 1, 2, 3, 4, ch. 77-233; ss. 1, 2, 3, ch. 78-297; s. 6, ch. 79-190; s. 1, ch. 82-46; s. 2, ch. 83-265.
'Note.- Repealed effective October 1, 1987, by s. 1, ch. 82-46, as amended by s. 2, ch. 83-265, and scheduled for review pursuant to s. 11.611 in advance of that date.
N ote.-Former ss. 13.9964, 13.9965, 13.9966, and 13.9967.
14.26 Citizen's Assistance Office.-(1) There is created in the Executive Office of the
Governor the Citizen's Assistance Office. The head of the Citizen's Assistance Office shall be appointed by and shall serve at the pleasure of the Governor.
(2) The Citizen's Assistance Office may: (a) Investigate, on complaint or on its own mo
tion, any administrative action of any state agency, the administration of which is under the direct supervision of the Governor, regardless of the finality of the administrative action.
(b) Request, and shall be given by any state agency, such assistance and information as may be necessary for the performance of its duties.
(c) Examine the records and reports of any state agency, the administration of which is under the direct supervision of the Governor, not made specifical-
91
ly confidential by law when the office determines that it is necessary.
(d) Coordinate individual state agency complaint-handling activities.
(3) The Citizen's Assistance Office shall make quarterly reports to the Governor, which shall include:
(a) The number of investigations and complaints made during the preceding quarter and the disposition of such investigations.
(b) Recommendations in the form of suggested legislation or suggested procedures for the alleviation of problems disclosed by investigations.
(c) A report including statistics which reflect the types of complaints made and an assessment as to the cause of the complaints.
(d) Such other information as the Executive Office of the Governor shall require.
(4) The Citizen's Assistance Office shall refer consumer-oriented complaints to the Division of Consumer Services of the Department of Agriculture and Consumer Services.
(5) The Citizen's Assistance Office shall perform such other duties as the Executive Office of the Governor shall direct.
History.-s. 7, ch. 79-190.
Ch. 15 SECRETARY OF STATE F.S. 1983
CHAPTER 15
SECRETARY OF STATE
15.01 15.012 15.02
15.03 15.031 15.032 15.033 15.0336 15.034 15.035 15.0353 15.036 15.037 15.038
15.039 15.0395 15.041 15.043 15.044 15.07
15.08
15.09 15.091
15.0913 15.092 15.13 15.14 15.15
15.16
15.17
15.18 15.19
Residence, office and duties. State flag. Custodian of state flag; state papers; state
laws and legislative documents. State seal. State tree designated. State beverage. State shell designated. State stone designated. State gem designated. Official state play. Official state animal. Official state freshwater fish. Official state saltwater fish. State marine mammal and state saltwater
mammal designated. Official state air fair. Official festival. Official litter control symbol. Official state pageant. Official state opera program. Acts and papers of the Legislature to be
deposited with the Department of State. Not to issue commission until tax therefor
is paid. Fees. Fees; filing under ch. 679, Uniform Com-
mercial Code. Performance standards. Fees; exemption for state attorney. Administration of certain laws. Report of notaries public; periodic report. Publication of summaries of documents;
charge. Reproduction of records; admissibility in
evidence. Organization of American States, regional
headquarters. International and cultural relations. State protocol officer.
15.01 Residence, office and duties.-The Secretary of State shall reside at the seat of government and shall have his office in the Capitol and perform the duties prescribed by the State Constitution. The Department of State shall have the custody of the constitution and Great Seal of this state, and of the original statutes thereof, and of the resolutions of the Legislature, and of all the official correspondence of the Governor. The department shall keep in its office a register and an index of all official letters, orders, communications, messages, documents and other official acts issued or received by the Governor or the Secretary of State, and record these in a book numbered in chronological order. The Governor, before issuing any order or transmission of any official l~tter, communication or document from the executive office or promulgation of any official act or proceeding, except military orders, shall deliver the same or a copy thereof to the Department of State to be recorded.
History.-s. 1, ch. 1, 1845; ch. 1845, 1871; RS 73; GS 74; RGS 88; CGL 110; s. 1, ch. 28086, 1953; ss. 10, 35, ch. 69-106. cf.- s. 2, Art. II; s. 4, Art. IV, Stste Const.
92
15.012 State flag.-The state flag shall conform with standard commercial sizes and be of the following proportions and description: The seal of the state, in diameter one-half the hoist, shall occupy the center of a white ground. Red bars, in width one-fifth the hoist, shall extend from each corner toward the center, to the outer rim of the seal.
History.-s. 2, ch. 70-300. cf.-s. 4, Art. II , Stste Const.
15.02 Custodian of state flag; state papers; state laws and legislative documents.-The Department of State shall have custody of the state flag; of all books, papers, files and documents belonging to the office of Secretary of State; and of the laws of the state and books, papers, journals and documents of the Legislature.
History.-s. 3, ch. 1, 1845; RS 74; GS 75; RGS 89; CGL 111; s. 2, ch. 28086, 1953; ss. 10, 35, ch. 69-106.
15.03 State seal.-(1) The great seal of the state shall be of the size
of the American silver dollar, having in the center thereof a view of the sun's rays over a highland in the distance, a sabal palmetto palm tree, a steamboat on water, and an Indian female scattering flowers in the foreground, encircled by the words "Great Seal of the State of Florida: In God We Trust."
(2)(a) The Department of State shall be the custodian of the great seal of the state.
(b) The great seal of this state shall also be the seal of the Department of State, and the department may certify under said seal, copies of any statute, law, resolution, record, paper, letter or document, by law placed in its custody, keeping a.nd care, and such certified copy shall have the same force and effect in evidence, as the original would have.
(3) Only the Department of State shall be authorized to affix the seal to any document for the purpose of attesting, certifying, or otherwise formalizing such document. Any facsimile or reproduction of the great seal shall be manufactured, used, displayed, or otherwise employed by anyone only upon the approval of the Department of State. The Department of State may grant a certificate of approval upon application to it by any person showing good cause for the use of the seal for a proper purpose. The Department of State may adopt reasonable rules for the manufacture or use of the great seal or any facsimile or reproduction thereof. Any person violating the provisions of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.-s. 4, ch. 1, 1845; RS 75; GS 76; RGS 90; CGL 112; s. 1, ch. 29841, 1955; s. 1, ch. 65-209; ss. 10, 35, ch. 69-106; (2)(a) formerly s. 21, Art. IV of the Constitution of 1885, as amended; converted to statutory law by s. 10, Art. XII of the Constitution as revised in 1968; s. 1, ch. 70-300; s. 11, ch. 71-136; s. 1, ch. 80-59. cf.-s. 4, Art. II, Stste Const.
15.031 State tree designated.-(!) The sabal palmetto palm, which is also known
as the cabbage palm, and sometimes as the cabbage
F.S. 1983 SECRETARY OF STATE Ch.15
palmetto, a tree native to Florida, is hereby designated as the Florida state tree.
(2) Said state tree being now extensively used for commercial purposes, the provisions of this section shall not be construed to limit in any manner said use thereof in business, industry, commerce, for food, or for any other commercial purposes.
History.- ss. I, 2, ch. 28126, 1953.
15.032 State beverage.-The juice obtained from mature oranges of the species Citrus sinensis and hybrids thereof is hereby adopted as the official beverage of Florida.
History.- s. I , ch. 67-4.
15.033 State shell designated.-The horse conch, which is also known as Pleuroploca gigantea, and sometimes as the giant band shell, a shell native to the marine waters surrounding the State of Florida, is hereby designated as the Florida state shell.
History.-s. I, ch. 69-107.
15.0336 State stone designated.-Agatized coral, a chalcedony pseudomorph after coral, appearing as limestone geodes lined with botryoidal agate or quartz crystals and drusy quartz fingers, indigenous to Florida, is hereby designated the Florida state stone.
History.- s. I , ch. 79-278.
15.034 State gem designated.-The moonstone, a transparent or translucent feldspar of pearly or opaline luster, is hereby designated the Florida state gem.
History.-s. I, ch. 70-53.
15.035 Official state play.-The historical pageant by Paul Green known as the "Cross and Sword," presented annually by the citizens of the City of St. Augustine, is hereby designated the official play of the state.
History.-s. I, ch. 73-79.
15.0353 Official state animal.-The Florida panther is hereby designated and declared as the official Florida state animal.
History.-s. I , ch. 82-61.
15.036 Official state freshwater fish.-The Florida largemouth bass (Micropterus salmoides floridanus) is hereby designated and declared as the official Florida state freshwater fish.
History.- s. I, ch. 75-1.
15.037 Official state saltwater fish.-The Atlantic sailfish (Istiophorus platypterus) is hereby designated and declared as the official Florida state saltwater fish.
History.- s. 2, ch. 75-1.
15.038 State marine mammal and state saltwater mammal designated.-
(!) The manatee, also commonly known as the sea cow, is hereby designated the Florida state marine mammal.
93
(2) The porpoise, also commonly known as the dolphin, is hereby designated as the Florida state saltwater mammal.
History.-s. I, ch. 75-75.
15.039 Official state air fair.-The Central Florida Air Fair is hereby designated as the official Florida State Air Fair.
History.- s. I , ch. 76-45.
15.0395 Official festival.-The festival "Calle Ocho-Open House 8," a Florida Historical festival presented annually by the Kiwanis Club of Little Havana and the Hispanic citizens of Dade County, is hereby recognized as a festival of Florida.
History.-s. I, ch. 80-82.
15.041 Official litter control symbol.-The litter control symbol and official litter control trademark of the Florida Federation of Garden Clubs, Inc., "Glenn Glitter," is hereby designated as the Florida state litter control symbol.
History.- s. I, ch. 78-296.
15.043 Official state pageant.-The pageant "Indian River," a Florida historical pageant presented annually by the citizens of Brevard County, is hereby designated an official state pageant of Florida.
History.- s. I, ch. 79-196.
15.044 Official state opera program.-The Greater Miami Opera Association; the Orlando Opera Company, Incorporated; and the Florida State University School of Music, representing the professional and academic communities in the field of opera, are hereby jointly designated as the official Florida State Opera Program.
History.-s. 2, ch. 83-64.
15.07 Acts and papers of the Legislature to be deposited with the Department of State.-All original acts and resolutions passed by the Legislature, and all other original papers acted upon thereby, together with the Journal of the Senate, and the Journal of the House of Representatives, shall, immediately upon the adjournment thereof, be deposited with, and preserved in, the Department of State, by which they shall be properly arranged, classified, and filed, provided that the journal of the executive session of the Senate shall be kept free from inspection or disclosure except upon the order of the Senate itself or some court of competent jurisdiction.
History.- s. I, ch. 1904, 1872; RS 78; GS 79; s. 10, ch. 7838, 1919; RGS 94; CGL 116; s. 7, ch. 24337, 1947; ss. 10, 35, ch. 69-106. cf.- s. 4, Art. IV, State Const.
15.08 Not to issue commission until tax therefor is paid.-The Secretary of State is prohibited from affixing his signature and the seal of the state to the commission of any public officer until such officer has paid the amount of the tax, if any, required to be paid by said officer for the commission.
History.-s. I , ch. 1936, 1873; RS 79; GS 80; RGS 95; CGL 117; s. 5, ch. 28086, 1953; s. 3, ch. 81-260. cf.- ss. 15.09, 113.ot Commission fees.
Ch. 15 SECRETARY OF STATE F.S. 1983
15.09 Fees.-(1) The fees, except as provided by law, to be col
lected by the Department of State, are: (a) For searching of papers or records, $2, except
that there shall be no charge for telephone requests for general corporate information, including the corporation 's status, names of officers and directors, address of principal place of business, and name and address of resident agent.
(b) For providing certificate with seal, $5; however, no fee shall be charged for providing a certificate with seal to any officer appointed to an office requiring Senate confirmation.
(c) For furnishing statistical information and for copying any document not mentioned, 50 cents per page or fraction thereof.
(d) For certifying a copy of a corporation charter, $5 unless the charter is more than eight pages; if more than eight pages, $5 plus 50 cents per page for each page over eight. When a copy of a corporation charter is furnished and needs only to be verified and certified, the total fee is $5.
(2) The department may in its discretion establish a reasonable fee for filing or copying any document or instrument not mentioned herein or provided for in other laws.
(3) All fees arising from certificates of election or appointment to office and from commissions to officers shall be paid to the Treasurer for deposit in the General Revenue Fund.
History.-s. I , ch. 2089, 1877; RS 80; GS 81; RGS 96; CGL 118; s. 6, ch. 28086, 1953; s. 2, ch. 29841, 1955; s. I , ch. 69-292; ss. 10, 35, ch. 69-106; s. I , ch. 71-114; s. 22, ch. 76-209; s. 4, ch. 81-260; s. 3, ch. 83-217. cf.-ss. 15.08, 15.091(2), 113.01 Commission fees.
ss. 48.161 , 48.091 Service of process upon nonresident. s. 111.03 Accounting for fees. ch. 120 Administrative P rocedure Act. s. 609.02 Declaration of t rust.
15.091 Fees; filing under ch. 679, Uniform Commercial Code.-
(1) The fees for filing of any financing statement or other writing required or permitted to be filed by any provision of chapter 679 of the Uniform Commercial Code are $5.25 for the first page of each financing statement or other writing and $2 for each additional page thereof.
(2) Notwithstanding the provisions of s. 15.09, the fee for searching of papers or records is $7.50 and the fee for copying any documents is $1 per page or fraction thereof.
1(3) Any fees paid to the Department of State as authorized by this section shall be deposited into the Corporations Trust Fund. The Corporations Trust Fund shall be utilized by the Division of Corporations of the Department of State for, but not limited to, any and all of the following purposes:
(a) Conversion of present microfilm rolls on Uniform Commercial Code filings and amendments to a unit-record microfiche system.
(b) Audit and verification of the data maintained by the Division of Corporations pursuant to chapter 679.
History.-s. I , ch. 65-254; s. I , ch. 67-363; s. 2, ch. 71 -114; ss. I , 2, 4, ch. 80-334; ss. 3, 5, ch. 81-92.
'Note.- Expired July I , 1983, pursuant to s. 5, ch. 81-92. cf.-s. 679.402 Formal requisites of financing statements; amendments.
15.0913 Performance standards.-To meet
94
the requisite standards of time and reliability for document filing and information furnished by the Bureau of Uniform Commercial Code of the Division of Corporations, the Department of State shall:
(1) Reduce the existing backlog to current filing status within 120 days after August 1, 1980;
(2) After the backlog is eliminated, file all Uniform Commercial Code documents within 3 working days after the time they are received by the bureau; and
(3) Verify the data file and convert the existing system to microfiche within 24 months after August 1, 1980.
History .-s. 5, ch. 80-334.
15.092 Fees; exemption for state attorney. -The Department of State shall provide, without charge, any state attorney or his designated representative:
(1) Copies of any document or certificate under seal as provided in this chapter.
(2) Any of the services provided in this chapter. History.-s. I, ch. 79-344.
15.13 Administration of certain laws.-The Department of State shall have general supervision and administration of the election laws, corporation laws and such other laws as are placed under it by the Legislature and shall keep records of same.
History.-s. 7, ch. 28086, 1953; ss. 10, 35, ch. 69-106.
15.14 Report of notaries public; periodic report.-
(1) The Secretary of State shall not publish a report of the persons commissioned as a notary public.
(2) The periodic report required by s. 11.013 to be made by the Secretary of State shall be furnished upon request to all members of the Legislature, all officials of the executive branch, and all officials of the judicial branch of the state without charge. The expense of printing such report shall be paid from moneys appropriated to the Secretary of State for the operation of his office.
History.-s. 8, ch. 28086, 1953; s. I, ch. 61 -201; s. I , ch. 73-305.
15.15 Publication of summaries of documents; charge.-The Department of State may in its discretion publish summaries of all instruments, papers, or documents filed with it pursuant to any law and may establish a reasonable fee for providing such service. All fees collected hereunder shall be deposited in the General Revenue Fund.
History.-s. I, ch. 67-392; ss. 10, 35, ch. 69-106.
15.16 Reproduction of records; admissibility in evidence.-
(!) The Department of State may cause to be made copies of any records maintained by it by miniature photographic microfilming or microphotographic processes or any other photographic, mechanical, or other process heretofore or hereafter devised, including electronic data processing.
(2) Photographs or microphotographs in the form of film or prints of any records made in compliance with the provisions of this section shall have the same force and effect as the originals thereof, and shall be
F.S. 1983 SECRETARY OF STATE Ch.15
treated as originals for the purpose of their admissibility in evidence. Duly certified or authenticated reproductions of such photographs shall be admitted in evidence equally with the original photographs or microphotographs.
History.-s. 1, ch. 67-15; ss. 10, 35, ch. 69-106.
15.17 Organization of American States, regional headquarters.-The Legislature hereby authorizes the Department of State to provide assistance and facilities to the Organization of American States in establishing and maintaining a regional headquarters in this state.
History.-s. 1, ch. 67-462; ss. 10, 35, ch. 69-106.
15.18 International and cultural relations. -The Divisions of Cultural Affairs; Archives, History and Records Management; and Library Services of the Department of State promote programs having substantial cultural, artistic, and indirect economic significance that emphasize American creativity. The Secretary of State, as the head administrator of these divisions, shall hereafter be known as "Florida's Chief Cultural Officer." As this officer, the Secretary of State is encouraged to initiate and develop relationships between the state and foreign cultural officers, their representatives, and other foreign governmental officials in order to promote Florida as the center of American creativity. For the accomplishment of this purpose, the Secretary of State shall have the power and authority to:
(1) Disseminate any information pertaining to the State of Florida which promotes the state's cultural assets.
(2) Plan and carry out activities designed to cause improved cultural and governmental programs and exchanges with foreign countries.
95
(3) Plan and implement cultural and social activities for visiting foreign heads of state, diplomats, dignitaries, and exchange groups.
(4) Encourage and cooperate with other public and private organizations or groups in their efforts to promote the cultural advantages of Florida.
(5) Serve as the liaison with all foreign consular and ambassadorial corps, as well as international organizations, that are consistent with the purposes of this section.
(6) Provide, arrange, and make expenditures for the achievement of any or all of the purposes specified in this section.
(7) Notwithstanding the provisions of part I of chapter 287, promulgate rules for entering into contracts which are primarily for promotional services and events, which may include commodities involving a service. Such rules shall include the authority to negotiate costs with the offerors of such services and commodities who have been determined to be qualified on the basis of technical merit, creative ability, and professional competency. The rules shall only apply to the expenditure of funds donated for promotional services and events. Expenditures of appropriated funds shall be made only in accordance with part I of chapter 287.
History.-s. 1, ch. 80-159; s. 1, ch. 83-64.
15.19 State protocol officer.-The Secretary of State shall serve as the state protocol officer. In consultation with the Governor and other governmental officials, the Secretary of State shall develop, maintain, publish, and distribute the state protocol manual.
History.-s. 1, ch. 80-159.
Ch.16 ATTORNEY GENERAL F.S. 1983
CHAPTER 16
ATTORNEY GENERAL
16.01
16.015
16.016
16.02
16.05 16.07
16.08
16.09
16.10
16.101 16.52
16.53 16.535 16.54
Residence, office, and duties of Attorney General.
Legal services responsibility of Department of Legal Affairs.
Payment of per diem, mileage, and other expense.
Appointment of person to act in case of disability of Attorney General.
Attorney General to report on laws. Attorney General may not receive fee for de
fending offender. Attorney General to have superintendence
and direction of state attorneys. Attorney General to prescribe regulations as
to the reports of state attorneys. Attorney General to receive Supreme Court
reports for office. Supreme Court reporter. Participation in preserving constitutional
integrity of state. Legal Affairs Revolving Trust Fund. Legal Services Trust Fund. Florida Crime Prevention Training Insti
tute; revolving trust fund.
16.01 Residence, office, and duties of Attorney General.-The Attorney General:
(1) Shall reside at the seat of government and shall keep his office in the capitol.
(2) Shall perform the duties prescribed by the Constitution of this state and also perform such other duties appropriate to his office as may from time to time be required of him by law or by resolution of the Legislature.
(3) Notwithstanding any other provision of law, shall, on the written requisition of the Governor, a member of the Cabinet, the head of a department in the executive branch of state government, the Speaker of the House of Representatives, the President of the Senate, the Minority Leader of the House of Representatives, or the Minority Leader of the Senate, and may, upon the written requisition of a member of the Legislature, other state officer, or officer of a county, municipality, other unit of local government, or political subdivision, give his official opinion and legal advice in writing on any question of law relating to the official duties of the requesting officer.
(4) Shall appear in and attend to, in behalf of the state, all suits or prosecutions, civil or criminal or in equity, in which the state may be a party, or in anywise interested, in the Supreme Court and district courts of appeal of this state.
(5) Shall appear in and attend to such suits or prosecutions in any other of the courts of this state or in any courts of any other state or of the United States.
(6) Shall have and perform all powers and duties incident or usual to such office.
(7) Shall make and keep in his office a record of all his official acts and proceedings, containing copies of all of his official opinions, reports, and correspon-
96
dence, and also keep and preserve in his office all official letters and communications to him and cause a registry and index thereof to be made and kept, all of which official papers and records shall be subject to the inspection of the Governor of the state and to the disposition of the Legislature by act or resolution thereof.
History.-s. 2, ch. 2, 1845; ch. 1845, 1871; RS 85; GS 87; RGS 101; CGL 125; s. 7, ch. 22858, 1945; s. 7, ch. 59-I; s. I , ch. 78-399; s. I, ch. 79-159; s. 7, ch. 81-259. cf.- s. 2, Art. II; s. 4, Art. IV, State Const.
16.015 Legal services responsibility of Department of Legal Affairs.-The Department of Legal Affairs shall be responsible for providing all legal services required by any department, unless otherwise provided by law. However, the Attorney General may authorize other counsel where emergency circ*mstances exist and shall authorize other counsel when professional conflict of interest is present. Each board, however designated, of which the Attorney General is a member may retain legal services in lieu of those provided by the Attorney General and the Department of Legal Affairs.
History.- s. 11, ch. 69-106; s. 2, ch. 77-105.
16.016 Payment of per diem, mileage, and other expense.-Whenever the Department of Legal Affairs is called upon to represent any administrative agency or regulatory board, the agency or regulatory board so represented shall pay the per diem, mileage, and other reasonable expense of the representative of such department.
History.-s. 1, ch. 65-522; ss. 11, 35, ch. 69-106; s. 5, ch. 79-36. Note.- Former s. 455.07.
16.02 Appointment of person to act in case of disability of Attorney GeneraL-In case of the disability of the Attorney General to perform any official duty devolving on him, by reason of interest or otherwise, the Governor or Attorney General of this state may appoint another person to perform such duty in his stead.
History.-s. 3, ch. 2, 1845; RS 85a; GS 88; RGS 102; CGL 126.
16.05 Attorney General to report on laws. -The Attorney General shall make a written report to the Governor 5 days before the first day of every session of the Legislature, as to the effect and operation of the acts of the last previous session, the decisions of the courts thereon, and referring to the previous legislation on the subject, with such suggestions as in his opinion the public interest may demand, which report shall be laid before the Legislature by the Governor with his first message.
History.-s. 5, ch. 2, 1845; RS 88; GS 91; RGS 105; CGL 129.
16.07 Attorney General may not receive fee for defending offender.-It shall be a misdemeanor in office for the Attorney General to take or receive any fee for defending any supposed offender in any of the courts.
History.-s. 6, ch. 2, 1845; RS 89; GS 92; RGS 106; CGL 130.
F.S. 1983 ATTORNEY GENERAL Ch. 16
16.08 Attorney General to have superintendence and direction of state attorneys.-The Attorney General shall exercise a general superintendence and direction over the several state attorneys of the several circuits as to the manner of discharging their respective duties, and whenever requested by the state attorneys, shall give them his opinion upon any question of law.
History.-s. I . ch. 2098, 1877; RS 90; GS 93; RGS 107; CGL 131.
16.09 Attorney General to prescribe regulations as to the reports of state attorneys.-The Attorney General shall prescribe the time and manner in which regular quarterly reports shall be made to him by state attorneys, and they shall comply with his instructions in this respect.
History.-s. 3, ch. 2098, 1877; RS 91; GS 94; RGS 108; CGL 132.
16.10 Attorney General to receive Supreme Court reports for office.-The Clerk of the Supreme Court shall deliver to the Attorney General a copy of each volume, or part of volume, of the decisions of the Supreme Court, which may be in the care or custody of said clerk, and which the Attorney General's office may be without, and take the Attorney General's receipt for the same. The Attorney General shall keep the same in his office at the capitol, and each retiring Attorney General shall take the receipt of his successor for the same and file such receipt in the Treasurer's office; provided that this shall not authorize the taking away of any book belonging to the Supreme Court library, kept for the use of said court.
History.- ch. 3264, 1881; RS 92; GS 95; RGS 109; CGL 133.
16.101 Supreme Court reporter.-The Attorney General shall be the reporter for the Supreme Court.
History.- Formerly s. 22, Art. IV of the Constitu t ion of 1885, as amended; converted to statutory law by s. 10, Art. XII of the Constitution as revised in 1968.
16.52 Participation in preserving constitutional integrity of state.-
(1) In order to provide for independent action and cooperative participation by the state in a program of concerted action among the states, and independent procedure to oppose any existing or proposed federal legislative encroachments upon constitutional state powers, it is hereby made a duty of the Department of Legal Affairs to make a study of federal legislation-existing and proposed-to determine whether such legislation has resulted, or may rtlsult, in objectionable or harmful encroachments upon the constitutional integrity of state governments, and with due regard to this state's full contribution to the national war effort, in cooperation with the attorneys general of other states, or alone, to pursue that course best calculated to preserve and safeguard the constitutional state powers of the government of this state. It shall furnish to each of the several representatives in the Congress from this state, a written statement giving the reasons for any action being considered, or about to be taken hereunder at the time; and if possible, shall procure the assistance of such representatives therein and therefor.
(2) It shall be the duty of the Department of Le-
97
gal Affairs of this state to render opinions to the representatives in Congress from this state, on any question arising within the scope of the subject matter of this act.
(3) In performing the duties imposed upon it under the provisions of this section, the Department of Legal Affairs is hereby authorized to employ therefor the services of the Council of State Governments, a national conference organization, or its successors in name or organization, or any other similar organization, in such manner not inconsistent with its powers and duties, as it may deem desirable; provided, that the cost of such employment, if any, shall be paid from the necessary and regular appropriation of the Department of Legal Affairs.
History.-ss. I, 2, 3, ch. 21679, 1943; ss. 11, 35, ch. 69-106.
16.53 Legal Affairs Revolving Trust Fund.(1) There is created in the State Treasury the Le
gal Affairs Revolving Trust Fund, from which the Legislature may appropriate funds for the purpose of funding investigation, prosecution, and enforcement by the Attorney General of the provisions of the Racketeer Influenced and Corrupt Organization Act or state or federal antitrust laws.
(2) Notwithstanding the provisions of s . 895.05(2), 20 percent of all moneys recovered by the Attorney General on behalf of the state, its agencies, or units of state government and 10 percent of all moneys recovered on behalf of local governments or persons resident in this state or, alternatively, attorneys' fees and costs, whichever is greater, in any civil action for violation of the Racketeer Influenced and Corrupt Organization Act or state or federal antitrust laws shall be deposited in the fund.
(3) The remainder of the moneys recovered on behalf of the state, its agencies, or units of state government shall be deposited in the General Revenue Fund; in the case of other governmental units, transferred to the appropriate fund of such government; or in the case of persons, distributed to such persons or for their benefit, as approved by a court of competent jurisdiction.
(4) "Moneys recovered" means damages or penalties or any other monetary payment, including monetary proceeds from property forfeited to the state pursuant to s. 895.05, made by any defendant by reason of any decree or settlement in any Racketeer Influenced and Corrupt Organization Act or state or federal antitrust action prosecuted by the Attorney General, but excludes attorneys' fees and costs.
(5) Any moneys remaining in the fund at the end of any fiscal year in excess of $2,000,000 shall be transferred to the General Revenue Fund unallocated.
History.-s. I, ch. 79-301 ; s. I , ch. 83- 116. cf.-ss. 895.01 -895.06 Florida RICO (Racketeer Influenced and Corrupt Organi
zation) Act.
16.535 Legal Services Trust Fund.-There is created in the State Treasury the Legal Services Trust Fund to be used by the Attorney General in providing legal services to agencies on a contractual basis.
History.-s. 5, ch. 82-196.
Ch.16 ATTORNEY GENERAL F.S.1983
16.54 Florida Crime Prevention Training Institute; revolving trust fund.-
(1) There is created within the Department of Legal Affairs the Florida Crime Prevention Training Institute, which shall be a comprehensive program of crime prevention training courses suitable for, and made available to, any interested person.
(2) The department shall establish the curriculum and admission requirements in such a manner as to give priority to those training programs which it determines to have the greatest potential for preventing crime. The department shall provide administrative support services for the institute. The department shall adopt rules and policies for the administration and operation of the institute and fix admission fees in an amount which, in the aggregate, does not exceed the cost of the program; and it may accept
98
donations or grants of any type for any function or purpose of the institute.
(3) There is established within the Department of Legal Affairs the Florida Crime Prevention Training Institute Revolving Trust Fund to be used exclusively for the purposes of this section.
( 4) All moneys, fees, donations, or grants collected by the department on behalf of the institute shall be deposited into the Florida Crime Prevention Training Institute Revolving Trust Fund and shall be applied to cover all costs incurred in establishing and conducting the crime prevention training programs authorized under this section, including, but not limited to, salaries for instructors and costs of materials connected with such programs.
History.- s. 1, ch. 82-89; s. 4, ch. 83-217.
F.S. 1983 COMPTROLLER Ch.17
CHAPTER 17
COMPTROLLER
17.01 17.011 17.02 17.03 17.031 17.04
17.041 17.05
17.06 17.075
17.076 17.08
17.09 17.10 17.11 17.12
17.13 17.14 17.16 17.17 17.19
17.20 17.21
17.22 17.25 17.26
17.27
17.28
17.29 17.30
The Comptroller to give bond. Assistant comptroller. Place of residence and office. To audit claims against the state. Security of Comptroller's office. To audit and adjust accounts of officers and
those indebted to the state. County and district accounts and claims. May examine under oath parties and privies
to accounts. Disallowed items and accounts. Form of state warrants; direct deposit of
funds to account of beneficiary. Direct deposit of funds. Accounts, etc., on which warrants drawn, to
be filed. Application for warrants for salaries. Record of warrants issued. To report disbursem*nts made. Authorized to issue warrants to tax collector
or sheriff for payment. To duplicate warrants lost or destroyed. To prescribe forms. Seal. Examination by Governor and report. Duty to examine as to the sufficiency of
bonds of state officers. Assignment of claims for collection. Not to allow any claim of state attorney
against state until report made. Notice to Department of Legal Affairs. May certify copies. Cancellation of state warrants not presented
within 1 year; 3-year limitation on payment of warrants not presented for payment.
Microfilming and destroying records and correspondence.
Comptroller may authorize biweekly salary payments.
Authority to prescribe rules. Dissemination of information.
17.01 The Comptroller to give bond.-The Comptroller of the state before entering upon the discharge of the duties of his office shall give a bond with at least four good and sufficient securities payable to the state in the penal sum of $50,000, conditioned for the faithful discharge of all duties of said office. Before being accepted said bond shall be approved by the Attorney General and also by the Governor of the state and filed and recorded when accepted in the Department of State.
History.- s. !, ch. 8, 1845; RS 93; GS 97; RGS 110; CGL 140; s. I , ch. 67-424; ss. 10, 35, ch. 69-106. cf.- s. 113.07 Bonds of officials.
17.011 Assistant comptroller.-The Comptroller of the state may appoint an assistant comptroller to hold office during the pleasure of the Comptroller.
History .-s. 2, ch. 67-424.
99
17.02 Place of residence and office.-The Comptroller shall reside at the seat of government of this state, and shall hold his office in a room in the capitol.
History.-s. 2, ch. 8, 1845; ch. 1845, 1871; RS 94; GS 98; RGS 111; CGL 141.
17.03 To audit claims against the state.(1) The Comptroller of this state, using generally
accepted auditing procedures for testing or samp~ing, shall examine audit, and settle all accounts, claims, and demands: whatsoever, against the state, arising under any law or resolution of the Legislature, and issue his warrant to the Treasurer directing him to pay out of the State Treasury such amount as shall be allowed by the Comptroller thereon.
(2) The Comptroller shall have the legal duty of delivering all state warrants and shall be ~harged with the official responsibility of the protection and security of the state warrants while in his custody. The Comptroller may delegate this authority to other state agencies or officers.
History.-s. ! , ch. 146, 1848; RS 95; GS 99; RGS 112; CGL 142; s. 1, ch. 71-173; s. I , ch. 79-95; s. !, ch. 83-132. cf.-s. 17.20 To charge state attorneys with claims.
17.031 Security of Comptroller's office. -The Comptroller is authorized to engag~ the full-time services of two law enforcement officers, with power of arrest, to prevent all acts of a criminal nature directed at the property in the custody or control of the Comptroller. While so assigned, said officers shall be under the direction and supervision of the Comptroller, and their salaries and e~penses shall be paid from the general fund of the office of Comptroller.
History.-s. !, ch. 71-174.
17.04 To audit and adjust accounts of officers and those indebted to the state.-The Department of Banking and Finance of this state shall examine, audit, adjust and settle the account~ of all the officers of this state, and any other person m anywise intrusted with, or who may have received any property, funds or moneys of this state, or w~o may be in anywise indebted or accountable to thrs state for any property, funds or moneys, and require such officer, or persons to render full accounts th!lreof, and to yield up such property or funds accordmg to law, or pay such moneys into the treasury of this state or to such officer or agent of the state as may be appointed to receive the same, and on failure so to do to cause to be instituted and prosecuted proceedings, criminal or civil, at law or in equity, against such persons, according to law.
History.-s. 4, ch. 8, 1845; RS 96; GS 100; RGS 113; CGL 143; ss. 12, 35, ch. 69-106. cf.-s. 116.03 Officers to report fees collected.
s. 939.13 Audit of costs against state in criminal cases. s. 4, Art. IV, State Const.
17.041 County and district accounts and claims.-
(1) It shall be the duty of the Department of
Ch. 17 COMPTROLLER F.S. 1983
Banking and Finance of this state to adjust and settle or cause to be adjusted and settled, all accounts and claims heretofore or hereafter reported to it by the Auditor General, the appropriate county or district official, or any person against all county and district officers and employees, and against all other persons entrusted with, or who may have received, any property, funds, or moneys of a county or district or who may be in anywise indebted to or accountable to a county or district for any property, funds, moneys, or other thing of value, and to require such officer, employee, or person to render full accounts thereof and to yield up such property, funds, moneys, or other thing of value according to law to the officer or authority entitled by law to receive the same.
(2) On the failure of such officer, employee, or person to adjust and settle such account, or to yield up such property, funds, moneys, or other thing of value, the department shall direct the attorney for the board of county commissioners, the district school board, or the district, as the case may be, entitled to such account, property, funds, moneys, or other thing of value to represent such county or district in enforcing settlement, payment or delivery of such account, property, funds, moneys, or other thing of value. The department may enforce such settlement, payment, or delivery pursuant to s. 17.20.
(3) Should the attorney for the county or district aforesaid be disqualified or unable to act, and no other attorney be furnished by the county or district, or should the department otherwise deem it advisable, such account or claim may be certified to the Department of Legal Affairs by the department, to be prosecuted by the Department of Legal Affairs at county or district expense, as the case may be, including necessary per diem and travel expense in accordance with s. 112.061, as now or hereafter amended. Such expenses, when approved by the department, shall be paid forthwith by such county or district.
(4) Should it appear to the department that any criminal statute of this state has or may have been violated by such defaulting officer, employee, or person such information, evidence, documents, and other things tending to show such a violation, whether in the hands of the Comptroller, the Auditor General, the county, or the district, shall be forthwith turned over to the proper state attorney for his inspection, study, and such action as he may deem proper, or the same may be brought to the attention of the proper grand jury.
(5) No such account or claim, after it has been certified to the department, may be settled for less than the amount due according to law without the written consent of the department, and any attempt to make settlement in violation of this subsection shall be deemed null and void. A county or district board desiring to make such a settlement shall incorporate the proposed settlement into a resolution,
manner other than as authorized by law or for other than a lawful county or district purpose, shall be binding upon such county or district unless and until approved by the department, or unless more than 4 years shall have elapsed from the date of such settlement.
(7) Nothing in this section shall supersede the continuing duty of the proper county and district officers to require any officer, employee, or person to render full accounts of and to yield up according to law to the officer or authority entitled by law to receive the same, any property, funds, moneys, or other thing of value as to which such officer, employee, or person is in anywise indebted to or accountable to such county or district. The provisions of this section provide for collections and recoveries which the proper county or district officers have failed to make, and for correction of settlements made in an amount or manner other than as authorized by law.
History.-s. I, ch. 59-145; s. 8, ch. 69-82; s. 1, ch. 69-300; ss. 11, 12, 35, 69-106; s. 1, ch. 73-334; s. 7, ch. 77-104; s. 2, ch. 83-132.
17.05 May examine under oath parties and privies to accounts.-The Comptroller of this state may demand and require full answers on oath from any and every person, party or privy to any account, claim or demand against or by the state, such as it may be his official duty to examine into, and which answers he may require to be in writing and to be sworn to before himself or before any judicial officer or clerk of any court of the state so as to enable such Comptroller to decide as to the justice or legality of such account, claim or demand.
History.-s. 5, ch. 8, 1845; RS 97; GS 101; RGS 114; CGL 144; s. 1, ch. 73-334.
17.06 Disallowed items and accounts.-The Comptroller shall erase from any original account all items disallowed by him; and when he shall reject the whole of any account he shall write across the face of it the word "disallowed," and the date, and file the same in his office or deliver it to the claimant.
History.-s. 2, ch. 146, 1848; RS 98; GS 102; RGS 115; CGL 145.
'17.075 Form of state warrants; direct deposit of funds to account of beneficiary.-The Department of Banking and Finance is authorized to establish the form or forms of state warrants which are to be drawn by it and countersigned by the Governor for payment or disbursem*nt of moneys out of the State Treasury and to change the form thereof from time to time as the department may consider necessary or appropriate.
History.- s. 1, ch. 77-240; s. 6, ch. 79-400; s. 4, ch. 81-277; s. 1, ch. 83-120. 1Note.-Section 1, ch. 83-120, amended this section effective "upon the ap
proval by the voters of an amendment to the State Constitution authorizing the disbursem*nt of state funds by electronic funds transfer." As amended, this section will read:
17.075 Form of state warrants and other payment orders; rule~.
stating that the proposed settlement is contingent (1) The Department of Banking and Finance is authorized to establish the h C ll ' 1 d h ll b · t form or forms of state warrants which are to be drawn by it and of other orders Upon t e omptro er S approva' an S a SU mi forpaymentordisbursem*ntofmoneysoutoftheStateTreasuryand to change
two copies of the resolution to the department. The the form thereof from time to time as the department may consider necessary or department shall return one copy with his action en- appropriate. Such orders fo; payment may be in any form, but, regardless of
form , each order shall be subject to the accounting and recordkeeping require-dorsed thereon. ments applicable to state warrants.
(6) No settlement of account of any such officer, (2) The department shall adopt rules establishing accounting and record-h h d · · t keeping procedures for all payments made by electronic transfer of funds or by
employee, or person, wit t e county or IStriC , or any other means. Such procedures shall be consistent with the statutory re-any of their officers or agents, made in an amount or quirements applicable to payments by state warrant.
100
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