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HB 593 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to governmental agencies and 2
personnel; amending s. 45.062, F.S.; prohibiting a 3
state agency or officer from directing funds offered 4
to the state to a third party as a condition of 5
settlement; requiring such agency or officer to 6
provide written notification of the terms of the 7
settlement to the Legislature and the Attorney General 8
within a specified time; amending s. 104.31, F.S.; 9
prohibiting a state, county, or municipal officer or 10
employees from using his or her official authority or 11
influence to solicit another person to make certain 12
contributions; revising construction; amending s. 13
112.061, F.S.; prohibiting the authorization or 14
approval of reimbursements for travel expenses to and 15
from a person's residence and his or her official 16
headquarters for specified positions; prohibiting the 17
authorization or approval of reimbursements for per 18
diem and subsistence allowance for such person under a 19
specified circumstance; defining the term "residence"; 20
requiring the official headquarters for specified 21
positions be the city or town in which the 22
department's official headquarters is located; 23
prohibiting persons serving in specified positions 24
from being reimbursed for certain travel expenses 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
under a specified circumstance; removing expiration of 26
specified provisions; creating s. 112.31251, F.S.; 27
defining the term "office" for purposes of s. 5(a), 28
Art. II of the State Constitution; defining the term 29
"employment"; amending s. 112.3261, F.S.; defining the 30
term "expenditure"; revising the circumstances under 31
which the Commission on Ethics must investigate a 32
lobbyist or principal; prohibiting a lobbyist or 33
principal from making, and prohibiting a district 34
governing board member, executive director, or any 35
district employee who qualifies as a local officer 36
from accepting, any expenditure; amending s. 1001.71, 37
F.S.; removing a provision that prohibits state 38
residency requirements for university board members; 39
providing an effective date. 40
41
Be It Enacted by the Legislature of the State of Florida: 42
43
Section 1. Subsection (5) of section 45.062, Florida 44
Statutes, is amended to read: 45
45.062 Settlements, conditions, or orders when an agency 46
of the executive branch is a party.— 47
(5) When a state agency or officer settles an action or 48
legal claim in which the state asserted a right to recover 49
money, all moneys paid to the state by a party in full or 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
partial exchange for a release of the state's claim shall be 51
placed into the General Revenue Fund or the appropriate trust 52
fund. 53
(a) A state agency or officer may not, under s. 777.011, 54
direct that any funds offered to the state be sent to a third 55
party as a condition of settlement. 56
(b) Within 10 days after the settlement, the state agency 57
or officer shall provide written notification, including the 58
terms of the settlement, to the President of the Senate, the 59
Speaker of the House of Representatives, the Senate and House of 60
Representatives minority leaders, the chairs of the 61
appropriations committees of the Legislature, and the Attorney 62
General. 63
Section 2. Subsections (1) and (2) of section 104.31, 64
Florida Statutes, are amended to read: 65
104.31 Political activities of state, county, and 66
municipal officers and employees.— 67
(1) No officer or employee of the state, or of any county 68
or municipality thereof, except as hereinafter exempted from 69
provisions hereof, shall: 70
(a) Use his or her official authority or influence for the 71
purpose of interfering with an election or a nomination of 72
office or coercing or influencing another person's vote or 73
affecting the result thereof. 74
(b) Use his or her official authority or influence to 75
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directly or indirectly coerce or attempt to coerce, command, 76
solicit, or advise any other person officer or employee to make 77
a contribution as defined in s. 106.011 or to pay, lend, or 78
contribute any part of his or her salary, or any money, or 79
anything else of value to any political party, candidate for 80
public office, political committee, organization, agency, or 81
person for political purposes. Nothing in this paragraph or in 82
any county or municipal charter or ordinance shall prohibit an 83
officer or employee from suggesting to another person employee 84
in a noncoercive manner that he or she may voluntarily make a 85
contribution as defined in s. 106.011 or pay, lend, or 86
contribute money or anything else of value to any political to a 87
fund which is administered by a party, candidate for public 88
office, political committee, organization, agency, or person, 89
labor union or other employee organization for political 90
purposes. 91
(c) Directly or indirectly coerce or attempt to coerce, 92
command, and advise any such officer or employee as to where he 93
or she might purchase commodities or to interfere in any other 94
way with the personal right of said officer or employee. 95
96
The provisions of this section may shall not be construed so as 97
to prevent any person from becoming a candidate for and actively 98
campaigning for any elective office in this state. All such 99
persons shall retain the right to vote as they may choose and to 100
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express their opinions on all political subjects and candidates. 101
The provisions of paragraph (a) may shall not be construed so as 102
to limit the political activity in a general, special, primary, 103
bond, referendum, or other election of any kind or nature, of 104
elected officials or candidates for public office in the state 105
or of any county or municipality thereof; and the provisions of 106
paragraph (a) shall not be construed so as to limit the 107
political activity in general or special elections of the 108
officials appointed as the heads or directors of state 109
administrative agencies, boards, commissions, or committees or 110
of the members of state boards, commissions, or committees, 111
whether they be salaried, nonsalaried, or reimbursed for 112
expense. In the event of a dual capacity of any member of a 113
state board, commission, or committee, any restrictive 114
provisions applicable to either capacity shall apply. The 115
provisions of paragraph (a) shall not be construed so as to 116
limit the political activity in a general, special, primary, 117
bond, referendum, or other election of any kind or nature of the 118
Governor, the elected members of the Governor's Cabinet, or the 119
members of the Legislature. The provisions of paragraphs (b) and 120
(c) shall apply to all officers and employees of the state or of 121
any county or municipality thereof, whether elected, appointed, 122
or otherwise employed, or whether the activity shall be in 123
connection with a primary, general, special, bond, referendum, 124
or other election of any kind or nature. 125
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(2) An employee of the state or any political subdivision 126
may not participate in any political campaign for an elective 127
office while on duty. 128
Section 3. Subsection (4) of section 112.061, Florida 129
Statutes, is amended, and paragraph (j) is added to subsection 130
(3) of that section, to read: 131
112.061 Per diem and travel expenses of public officers, 132
employees, and authorized persons; statewide travel management 133
system.— 134
(3) AUTHORITY TO INCUR TRAVEL EXPENSES.— 135
(j) Reimbursement of transportation expenses as provided 136
in subsection (7) for travel between the person's residence and 137
his or her official headquarters may not be authorized or 138
approved for a person serving as: 139
1. The secretary of a department; 140
2. The executive director of a department; or 141
3. The chief administrative officer of any unit of state 142
government which is housed under a department for administrative 143
purposes but is not subject to the control, supervision, or 144
direction of such department. 145
146
Per diem and subsistence allowances provided in subsection (6) 147
may not be authorized or approved for a person serving in a 148
position described in subparagraphs 1., 2., or 3. when he or she 149
remains overnight in his or her county of residence. For the 150
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purposes of this section, the term "residence" means the 151
dwelling in which the person permanently resides. 152
(4) OFFICIAL HEADQUARTERS.—The official headquarters of a 153
person serving in a position described in subparagraph (3)(j)1., 154
2., or 3. shall be the city or town in which the department's 155
official headquarters is located, and the official headquarters 156
of any other an officer or employee assigned to an office shall 157
be the city or town in which the office is located except that: 158
(a) The official headquarters of a person located in the 159
field shall be the city or town nearest to the area where the 160
majority of the person's work is performed, or such other city, 161
town, or area as may be designated by the agency head provided 162
that in all cases such designation must be in the best interests 163
of the agency and not for the convenience of the person. 164
(b) When any state employee is stationed in any city or 165
town for a period of more than over 30 continuous workdays, such 166
city or town shall be deemed to be the employee's official 167
headquarters, and he or she shall not be allowed per diem or 168
subsistence, as provided in this section, after such the said 169
period of 30 continuous workdays has elapsed, unless this period 170
of time is extended by the express approval of the agency head 171
or his or her designee. 172
(c) A traveler may leave his or her assigned post to 173
return to his or her residence home overnight, over a weekend, 174
or during a holiday, but any time lost from regular duties shall 175
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be taken as annual leave and authorized in the usual manner. The 176
traveler shall not be reimbursed for travel expenses in excess 177
of the established rate for per diem allowable had he or she 178
remained at his or her assigned post. A person serving in a 179
position described in subparagraph (j)1., 2., or 3. may not be 180
reimbursed for travel expenses for travel between the person's 181
assigned post and residence. However, when a traveler has been 182
temporarily assigned away from his or her official headquarters 183
for an approved period extending beyond 30 days, he or she is 184
shall be entitled to reimbursement for travel expenses at the 185
established rate of one round trip for each 30-day period 186
actually taken to his or her residence home in addition to pay 187
and allowances otherwise provided. 188
(d) A Lieutenant Governor who permanently resides outside 189
of Leon County, may, if he or she so requests, have an 190
appropriate facility in his or her county designated as his or 191
her official headquarters for purposes of this section. This 192
official headquarters may only serve as the Lieutenant 193
Governor's personal office. The Lieutenant Governor may not use 194
state funds to lease space in any facility for his or her 195
official headquarters. 196
1. A Lieutenant Governor for whom an official headquarters 197
is established in his or her county of residence pursuant to 198
this paragraph is eligible for subsistence at a rate to be 199
established by the Governor for each day or partial day that the 200
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Lieutenant Governor is at the State Capitol to conduct official 201
state business. In addition to the subsistence allowance, a 202
Lieutenant Governor is eligible for reimbursement for 203
transportation expenses as provided in subsection (7) for travel 204
between the Lieutenant Governor's official headquarters and the 205
State Capitol to conduct state business. 206
2. Payment of subsistence and reimbursement for 207
transportation between a Lieutenant Governor's official 208
headquarters and the State Capitol shall be made to the extent 209
appropriated funds are available, as determined by the Governor. 210
3. This paragraph expires July 1, 2025. 211
Section 4. Section 112.31251, Florida Statutes, is created 212
to read: 213
112.31251 Definition of the term "office."— 214
(1)(a) For purposes of s. 5(a), Art. II of the State 215
Constitution, the term "office," when referring to an office in 216
this state, means any position in state, county, or municipal 217
government to which all of the following apply: 218
1. Delegates to the individual holding such position a 219
portion of the sovereign power of the government. 220
2. Requires the exercise of independent governmental 221
authority, which is performed in an official capacity and is not 222
based solely on a contractual or employment relationship. 223
3. Has a prescribed tenure. 224
4. Exists independently of the individual holding such 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
position. 226
(b) The term includes, but is not limited to, each of the 227
following positions: 228
1. The Governor. 229
2. The Lieutenant Governor. 230
3. A member of the Cabinet. 231
4. A member of the Senate. 232
5. A member of the House of Representatives. 233
6. A county commissioner. 234
7. A sheriff. 235
8. A tax collector. 236
9. A property appraiser. 237
10. A supervisor of elections. 238
11. A clerk of the circuit court. 239
12. A member of the Board of Governors of the State 240
University System. 241
13. A member of a state university board of trustees. 242
14. A member of a district school board. 243
15. A member of a state, county, or municipal board or 244
commission that exercises governmental authority and is not 245
purely advisory in nature. 246
16. A member of the board of governors of the Citizens 247
Property Insurance Corporation established under s. 627.351(6). 248
17. A member of the board of directors for the Florida 249
Housing Finance Corporation established under s. 420.504. 250
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18. A member of the board of directors of the Florida 251
Healthy Kids Corporation established under s. 624.91, other than 252
the member appointed pursuant to s. 624.91(6)(a)9. 253
19. An administrator or a manager of a county, a 254
municipality, or a corporation established under s. 420.504, s. 255
624.91, or s. 627.351(6) who exercises in his or her own right 256
any sovereign power or any prescribed independent authority of a 257
governmental nature. 258
20. The director of a county or municipal emergency 259
management agency who exercises in his or her own right any 260
sovereign power or any prescribed independent authority of a 261
governmental nature. 262
21. A state, county, or municipal law enforcement officer 263
with the authority to arrest without a warrant. 264
22. Any position that meets all the criteria enumerated in 265
paragraph (a). 266
(2) The term "office" does not include either of the 267
following: 268
(a) A legislative designation of an officer to perform ex 269
officio the functions of another office; or 270
(b) The position of an individual whose relationship with 271
a state, county, or municipal government is considered 272
employment. For purposes of this paragraph, the term 273
"employment" means a relationship with a state, county, or 274
municipal government in which an individual does not exercise in 275
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his or her own right any sovereign power or any prescribed 276
independent authority of a governmental nature. 277
Section 5. Paragraphs (b), (c), and (d) of subsection (1) 278
of section 112.3261, Florida Statutes, are redesignated as 279
paragraphs (c), (d), and (e), respectively, subsection (8) is 280
renumbered as subsection (9), subsection (7) is amended, a new 281
paragraph (b) is added to subsection (1), and a new subsection 282
(8) is added to that section, to read: 283
112.3261 Lobbying before water management districts; 284
registration and reporting.— 285
(1) As used in this section, the term: 286
(b) "Expenditure" has the same meaning as in s. 287
112.3215(1). 288
(7) Upon receipt of a sworn complaint alleging that a 289
lobbyist or principal has failed to register with a district, 290
has made a prohibited expenditure, or has knowingly submitted 291
false information in a report or registration required under 292
this section, the commission shall investigate a lobbyist or 293
principal pursuant to the procedures established under s. 294
112.324. The commission shall provide the Governor with a report 295
of its findings and recommendations in any investigation 296
conducted pursuant to this subsection. The Governor is 297
authorized to enforce the commission's findings and 298
recommendations. 299
(8) Notwithstanding s. 112.3148, s. 112.3149, or any other 300
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law, a lobbyist or principal may not make, directly or 301
indirectly, and a district governing board member, executive 302
director, or any district employee who is a local officer as 303
defined in s. 112.3145(1) may not knowingly accept, directly or 304
indirectly, any expenditure. 305
Section 6. Subsection (1) of section 1001.71, Florida 306
Statutes, is amended to read: 307
1001.71 University boards of trustees; membership.— 308
(1) Pursuant to s. 7(c), Art. IX of the State 309
Constitution, each local constituent university shall be 310
administered by a university board of trustees comprised of 13 311
members as follows: 6 citizen members appointed by the Governor 312
subject to confirmation by the Senate; 5 citizen members 313
appointed by the Board of Governors subject to confirmation by 314
the Senate; the chair of the faculty senate or the equivalent; 315
and the president of the student body of the university. The 316
appointed members shall serve staggered 5-year terms. In order 317
to achieve staggered terms, beginning July 1, 2003, of the 318
initial appointments by the Governor, 2 members shall serve 2-319
year terms, 3 members shall serve 3-year terms, and 1 member 320
shall serve a 5-year term and of the initial appointments by the 321
Board of Governors, 2 members shall serve 2-year terms, 2 322
members shall serve 3-year terms, and 1 member shall serve a 5-323
year term. There shall be no state residency requirement For 324
university board members, but the Governor and the Board of 325
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Governors shall consider diversity and regional representation. 326
Beginning July 2, 2020, for purposes of this subsection, 327
regional representation shall include the chair of a campus 328
board established pursuant to s. 1004.341. 329
Section 7. This act shall take effect July 1, 2026. 330