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Florida Senate
-
2026
SB 802
By
Senator Mayfield
19-00269-26 2026802__
1 A bill to be entitled
2 An act relating to public officers and employees;
3 creating s. 20.71, F.S.; requiring that, beginning on
4 a specified date, secretaries and executive directors
5 of departments, chief administrative officers of
6 certain units of state government, members of
7 commissions and licensing boards, chairs of governing
8 boards or certain chief executives of certain
9 statewide entities, or any persons appointed to hold
10 state office in the executive branch of state
11 government be United States citizens and residents of
12 this state; providing that such an office is
13 automatically deemed vacant if the person holding that
14 office does not meet certain requirements; requiring
15 that, beginning on a specified date, members of the
16 board of trustees for state universities be United
17 States citizens and residents of this state or
18 graduates of the state university that the board
19 oversees; requiring that, beginning on a specified
20 date, members of the Board of Governors of the State
21 University System be United States citizens and either
22 residents of this state or graduates of a state
23 university; providing that if any such requirements
24 are not met, the member’s office is deemed vacant;
25 amending s. 104.31, F.S.; prohibiting state, county,
26 and municipal officers and employees from using their
27 official authority or influence to solicit another
28 person to make certain contributions; revising
29 construction of provisions relating to political
30 activities of state, county, and municipal officers
31 and employees; amending s. 112.061, F.S.; prohibiting
32 the authorization or approval of reimbursements for
33 travel expenses between the personal residence and
34 official headquarters of persons in specified
35 positions; defining the term “residence”; requiring
36 that the official headquarters for specified positions
37 be the city or town in which the department’s official
38 headquarters is located; prohibiting persons serving
39 in specified positions from being reimbursed for
40 certain travel expenses; creating s. 112.31251, F.S.;
41 defining the term “office” for purposes of s. 5(a),
42 Art. II of the State Constitution; defining the term
43 “employment”; amending s. 112.3261, F.S.; defining the
44 term “expenditure”; requiring the Commission on Ethics
45 to investigate certain lobbyists or principals who
46 make prohibited expenditures; prohibiting lobbyists or
47 principals from making, and district governing board
48 members, executive directors, or certain employees of
49 water management districts from accepting, any
50 expenditure; amending s. 1001.71, F.S.; conforming a
51 provision to changes made by the act; providing an
52 effective date.
53
54 Be It Enacted by the Legislature of the State of Florida:
55
56 Section 1. Section 20.71, Florida Statutes, is created to
57 read:
58
20.71
Residency requirements.—Notwithstanding any other
59
law:
60
(1)(a)
Effective October 1, 2026, each of the following
61
persons must be a United States citizen and a resident of this
62
state:
63
1.
The secretary of a department.
64
2.
The executive director of a department.
65
3.
The chief administrative officer of any unit of state
66
government which is housed under a department for administrative
67
purposes but is not subject to the control, supervision, or
68
direction of such department.
69
4.
A member of a commission.
70
5.
A member of a licensing board.
71
6.
The chair of the governing board, or the chief
72
executive, of a statewide entity that is explicitly created or
73
established by statute, regardless of its legal form, for a
74
public purpose or to carry out a government program and that is
75
not under the direct control of a governmental entity.
76
7.
Any other person appointed to hold state office in the
77
executive branch of state government.
78
(b)
If a person listed in paragraph (a) does not meet the
79
requirements of that paragraph, such person’s office is
80
automatically deemed vacant.
81
(2)
Effective January 6, 2027, each member of a state
82
university board of trustees must be a United States citizen and
83
either a resident of this state or a graduate of the state
84
university, the administration of which is overseen by such
85
board of trustees. If any member of a state university board of
86
trustees does not meet the requirements of this subsection, such
87
member’s office is automatically deemed vacant.
88
(3)
Effective January 6, 2027, each member of the Board of
89
Governors of the State University System must be a United States
90
citizen and either a resident of this state or a graduate of a
91
state university as defined in s. 1000.21. If any member of the
92
Board of Governors does not meet the requirements of this
93
subsection, such member’s office is automatically deemed vacant.
94 Section 2. Subsections (1) and (2) of section 104.31,
95 Florida Statutes, are amended to read:
96 104.31 Political activities of state, county, and municipal
97 officers and employees.—
98 (1) No officer or employee of the state, or of any county
99 or municipality thereof, except as hereinafter exempted from
100 provisions hereof, shall:
101 (a) Use his or her official authority or influence for the
102 purpose of interfering with an election or a nomination of
103 office or coercing or influencing another person’s vote or
104 affecting the result thereof.
105 (b)
Use his or her official authority or influence to
106 directly or indirectly coerce or attempt to coerce, command,
107
solicit,
or advise any other
person
officer or employee
to
make
108
a contribution as defined in s. 106.011 or to
pay, lend, or
109 contribute
any part of his or her salary, or any
money
,
or
110 anything else of value to any
political
party,
candidate for
111
public office, political
committee, organization, agency, or
112 person
for political purposes
. Nothing in this paragraph or in
113 any county or municipal charter or ordinance shall prohibit an
114
officer or
employee from suggesting to another
person
employee
115 in a noncoercive manner that he or she may voluntarily
make a
116
contribution as defined in s. 106.011 or pay, lend, or
117 contribute
money or anything else of value to any political
118
party, candidate for public office, political committee,
119
organization, agency, or person
to a fund which is administered
120
by a party, committee, organization, agency, person, labor union
121
or other employee organization for political purposes
.
122 (c) Directly or indirectly coerce or attempt to coerce,
123 command, and advise any such officer or employee as to where he
124 or she might purchase commodities or to interfere in any other
125 way with the personal right of said officer or employee.
126
127
The provisions of
This section
may
shall
not be construed so as
128 to prevent any person from becoming a candidate for and actively
129 campaigning for any elective office in this state. All such
130 persons shall retain the right to vote as they may choose and to
131 express their opinions on all political subjects and candidates.
132
The provisions of
Paragraph (a)
may
shall
not be construed so as
133 to limit the political activity in a general, special, primary,
134 bond, referendum, or other election of any kind or nature, of
135 elected officials or candidates for public office in the state
136 or of any county or municipality thereof
; and the provisions of
137
paragraph (a) shall not be construed so as to limit the
138
political activity in general or special elections of the
139
officials appointed as the heads or directors of state
140
administrative agencies, boards, commissions, or committees or
141
of the members of state boards, commissions, or committees,
142
whether they be salaried, nonsalaried, or reimbursed for
143
expense. In the event of a dual capacity of any member of a
144
state board, commission, or committee, any restrictive
145
provisions applicable to either capacity shall apply. The
146
provisions of paragraph (a) shall not be construed so as to
147
limit the political activity in a general, special, primary,
148
bond, referendum, or other election of any kind or nature of the
149
Governor, the elected members of the Governor’s Cabinet, or the
150
members of the Legislature
.
The provisions of
Paragraphs (b) and
151 (c)
shall
apply to all officers and employees of the state or of
152 any county or municipality thereof, whether elected, appointed,
153 or otherwise employed, or whether the activity
is
shall be
in
154 connection with a primary, general, special, bond, referendum,
155 or other election of any kind or nature.
156 (2) An employee of the state or any political subdivision
157 may not participate in any political campaign
for an elective
158
office
while on duty.
159 Section 3. Subsection (4) of section 112.061, Florida
160 Statutes, is amended, and paragraph (j) is added to subsection
161 (3) of that section, to read:
162 112.061 Per diem and travel expenses of public officers,
163 employees, and authorized persons; statewide travel management
164 system.—
165 (3) AUTHORITY TO INCUR TRAVEL EXPENSES.—
166
(j)
Reimbursement of transportation expenses as provided in
167
subsection (7) may not be authorized or approved for travel of a
168
person serving in a position described in s. 20.71(1)(a)1., 2.,
169
or 3. between the person’s residence and his or her official
170
headquarters. Per diem and subsistence allowances as provided in
171
subsection (6) may not be authorized or approved for a person
172
serving in a position described in s. 20.71(1)(a)1., 2., or 3.
173
when that person remains overnight in the person’s county of
174
residence. For the purposes of this section, the term
175
“residence” means the dwelling in which the person permanently
176
resides.
177 (4) OFFICIAL HEADQUARTERS.—The official headquarters of
a
178
person serving in a position described in s. 20.71(1)(a)1., 2.,
179
or 3. must be the city or town in which the department’s
180
official headquarters is located, and the official headquarters
181
of any other
an
officer or employee assigned to an office
must
182
shall
be the city or town in which the office is located except
183 that:
184 (a) The official headquarters of a person located in the
185 field
must
shall
be the city or town nearest to the area where
186 the majority of the person’s work is performed, or such other
187 city, town, or area as may be designated by the agency head
188 provided that in all cases such designation must be in the best
189 interests of the agency and not for the convenience of the
190 person.
191 (b) When any state employee is stationed in any city or
192 town for a period of
more than
over
30 continuous workdays, such
193 city or town
must
shall
be deemed to be the employee’s official
194 headquarters, and he or she
may
shall
not be allowed per diem or
195 subsistence, as provided in this section, after
such
the said
196 period of 30 continuous workdays has elapsed, unless this period
197 of time is extended by the express approval of the agency head
198 or his or her designee.
199 (c) A traveler may leave his or her assigned post to return
200
to his or her residence
home
overnight, over a weekend, or
201 during a holiday, but any time lost from regular duties
must
202
shall
be taken as annual leave and authorized in the usual
203 manner. The traveler
may
shall
not be reimbursed for travel
204 expenses in excess of the established rate for per diem
205 allowable had he or she remained at his or her assigned post.
A
206
person serving in a position described in s. 20.71(1)(a)1., 2.,
207
or 3. may not be reimbursed for travel expenses for travel
208
between the person’s assigned post and residence.
However, when
209 a traveler has been temporarily assigned away from his or her
210 official headquarters for an approved period extending beyond 30
211 days, he or she
is
shall be
entitled to reimbursement for travel
212 expenses at the established rate of one round trip for each 30
213 day period actually taken to his or her
residence
home
in
214 addition to pay and allowances otherwise provided.
215 (d) A Lieutenant Governor who permanently resides outside
216 of Leon County, may, if he or she so requests, have an
217 appropriate facility in his or her county designated as his or
218 her official headquarters for purposes of this section. This
219 official headquarters may only serve as the Lieutenant
220 Governor’s personal office. The Lieutenant Governor may not use
221 state funds to lease space in any facility for his or her
222 official headquarters.
223 1. A Lieutenant Governor for whom an official headquarters
224 is established in his or her county of residence pursuant to
225 this paragraph is eligible for subsistence at a rate to be
226 established by the Governor for each day or partial day that the
227 Lieutenant Governor is at the State Capitol to conduct official
228 state business. In addition to the subsistence allowance, a
229 Lieutenant Governor is eligible for reimbursement for
230 transportation expenses as provided in subsection (7) for travel
231 between the Lieutenant Governor’s official headquarters and the
232 State Capitol to conduct state business.
233 2. Payment of subsistence and reimbursement for
234 transportation between a Lieutenant Governor’s official
235 headquarters and the State Capitol shall be made to the extent
236 appropriated funds are available, as determined by the Governor.
237 3. This paragraph expires July 1, 2025.
238 Section 4. Section 112.31251, Florida Statutes, is created
239 to read:
240
112.31251
Definition of the term “office.”—
241
(1)(a)
For purposes of s. 5(a), Art. II of the State
242
Constitution, the term “office,” when referring to an office in
243
this state, means any position in state, county, or municipal
244
government to which all of the following apply:
245
1.
The position delegates to the individual holding such
246
position a portion of the sovereign power of the government.
247
2.
The position requires the exercise of independent
248
governmental authority, which is performed in an official
249
capacity and is not based solely on a contractual or employment
250
relationship.
251
3.
The position has a prescribed tenure.
252
4.
The position exists independently of the individual
253
holding such position.
254
(b)
The term “office” includes, but is not limited to, each
255
of the following positions:
256
1.
The Governor.
257
2.
The Lieutenant Governor.
258
3.
A member of the Cabinet.
259
4.
A state senator.
260
5.
A state representative.
261
6.
A county commissioner.
262
7.
A sheriff.
263
8.
A tax collector.
264
9.
A property appraiser.
265
10.
A supervisor of elections.
266
11.
A clerk of the circuit court.
267
12.
A member of the Board of Governors of the State
268
University System.
269
13.
A member of a board of trustees for a state university.
270
14.
A member of a district school board.
271
15.
A member of a state, county, or municipal board or
272
commission that exercises governmental authority and is not
273
purely advisory in nature.
274
16.
A member of the board of governors for the Citizens
275
Property Insurance Corporation established under s. 627.351(6).
276
17.
A member of the board of directors for the Florida
277
Housing Finance Corporation established under s. 420.504.
278
18.
A member of the board of directors for the Florida
279
Healthy Kids Corporation established under s. 624.91, other than
280
the member appointed pursuant to s. 624.91(6)(a)9.
281
19.
An administrator or a manager of a county, a
282
municipality, or a corporation established under s. 420.504, s.
283
s. 624.91, or s. 627.351(6) who exercises in his or her own
284
right any sovereign power or any prescribed independent
285
authority of a governmental nature.
286
20.
The director of a county or municipal emergency
287
management agency who exercises in his or her own right any
288
sovereign power or any prescribed independent authority of a
289
governmental nature.
290
21.
A state, county, or municipal law enforcement officer
291
with the authority to arrest without a warrant.
292
22.
Any position that meets all the criteria enumerated in
293
paragraph (a).
294
(2)
The term “office” does not include either of the
295
following:
296
(a)
A legislative designation of an officer to perform ex
297
officio the functions of another office; or
298
(b)
The position of an individual whose relationship with a
299
state, county, or municipal government is considered employment.
300
For purposes of this paragraph, the term “employment” means a
301
relationship with a state, county, or municipal government in
302
which an individual does not exercise in his or her own right
303
any sovereign power or any prescribed independent authority of a
304
governmental nature.
305 Section 5. Present paragraphs (b), (c), and (d) of
306 subsection (1) and present subsection (8) of section 112.3261,
307 Florida Statutes, are redesignated as paragraphs (c), (d), and
308 (e) of subsection (1) and subsection (9), respectively, a new
309 paragraph (b) is added to subsection (1) and a new subsection
310 (8) is added to that section, and subsection (7) of that section
311 is amended, to read:
312 112.3261 Lobbying before water management districts;
313 registration and reporting.—
314 (1) As used in this section, the term:
315
(b)
“Expenditure” has the same meaning as in s. 112.3215.
316 (7) Upon receipt of a sworn complaint alleging that a
317 lobbyist or principal has failed to register with a district
,
318
has made a prohibited expenditure,
or has knowingly submitted
319 false information in a report or registration required under
320 this section, the commission shall investigate a lobbyist or
321 principal pursuant to the procedures established under s.
322 112.324. The commission shall provide the Governor with a report
323 of its findings and recommendations in any investigation
324 conducted pursuant to this subsection. The Governor is
325 authorized to enforce the commission’s findings and
326 recommendations.
327
(8)
Notwithstanding s. 112.3148, s. 112.3149, or any other
328
law, a lobbyist or principal may not make, directly or
329
indirectly, and a district governing board member, executive
330
director, or any district employee who qualifies as a local
331
officer as defined in s. 112.3145(1) may not knowingly accept,
332
directly or indirectly, any expenditure.
333 Section 6. Subsection (1) of section 1001.71, Florida
334 Statutes, is amended to read:
335 1001.71 University boards of trustees; membership.—
336 (1) Pursuant to s. 7(c), Art. IX of the State Constitution,
337 each local constituent university shall be administered by a
338 university board of trustees comprised of 13 members as follows:
339 6 citizen members appointed by the Governor subject to
340 confirmation by the Senate; 5 citizen members appointed by the
341 Board of Governors subject to confirmation by the Senate; the
342 chair of the faculty senate or the equivalent; and the president
343 of the student body of the university. The appointed members
344 shall serve staggered 5-year terms. In order to achieve
345 staggered terms, beginning July 1, 2003, of the initial
346 appointments by the Governor, 2 members shall serve 2-year
347 terms, 3 members shall serve 3-year terms, and 1 member shall
348 serve a 5-year term and of the initial appointments by the Board
349 of Governors, 2 members shall serve 2-year terms, 2 members
350 shall serve 3-year terms, and 1 member shall serve a 5-year
351 term.
There shall be no state residency requirement
For
352 university board members,
but
the Governor and the Board of
353 Governors shall consider diversity and regional representation.
354 Beginning July 2, 2020, for purposes of this subsection,
355 regional representation shall include the chair of a campus
356 board established pursuant to s. 1004.341.
357 Section 7. This act shall take effect July 1, 2026.