reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part V - Suspension, Removal, or Retirement of Public Officers (Ss. 112.40-112.52) › 112.49 - Persons exercising powers and duties of county officers subject to suspension by Governor.

112.49 Persons exercising powers and duties of county officers subject to suspension by Governor.—In the administration of any city-county merger or city-county charter, or any such form of government which provides for the merging of the powers, duties, and functions of any municipal and county governments, any officer, official, or employee of such merged government who exercises the powers and duties of a county officer, whether he or she shall be elected or appointed, shall be deemed to be a county officer and therefore subject to the power of the Governor under the State Constitution to suspend officers. If the charter or other authority under which any city-county merger is accomplished shall provide means for the suspension or removal of such officers, then the power to suspend shall be concurrent in the city-county government and in the Governor.
History.—s. 2, ch. 71-333; s. 717, ch. 95-147.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part V - Suspension, Removal, or Retirement of Public Officers (Ss. 112.40-112.52) › 112.50 - Governor to retain power to suspend public officers.

112.50 Governor to retain power to suspend public officers.—Whenever any state, county, or municipal officer is made subject to suspension or removal by the terms of any statute or municipal charter, the power of the Governor to suspend officers shall not be affected by such statutory or charter provisions, and the power to suspend shall reside concurrently in the Governor and in the statutory or charter authority.
History.—s. 3, ch. 71-333.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part V - Suspension, Removal, or Retirement of Public Officers (Ss. 112.40-112.52) › 112.511 - Members of special district governing bodies; suspension; removal from office.

112.511 Members of special district governing bodies; suspension; removal from office.—
(1) A member of the governing body of a special district, as defined in s. 189.012, who exercises the powers and duties of a state or a county officer, is subject to the Governor’s power under s. 7(a), Art. IV of the State Constitution to suspend such officers.
(2) A member of the governing body of a special district, as defined in s. 189.012, who exercises powers and duties other than that of a state or county officer, is subject to the suspension and removal procedures under s. 112.51.
History.—s. 4, ch. 2014-22.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part V - Suspension, Removal, or Retirement of Public Officers (Ss. 112.40-112.52) › 112.52 - Removal of a public official when a method is not otherwise provided.

112.52 Removal of a public official when a method is not otherwise provided.—
(1) When a method for removal from office is not otherwise provided by the State Constitution or by law, the Governor may by executive order suspend from office an elected or appointed public official, by whatever title known, who is indicted or informed against for commission of any felony, or for any misdemeanor arising directly out of his or her official conduct or duties, and may fill the office by appointment for the period of suspension, not to extend beyond the term.
(2) During the period of the suspension, the public official shall not perform any official act, duty, or function or receive any pay, allowance, emolument, or privilege of office.
(3) If convicted, the public official may be removed from office by executive order of the Governor. For the purpose of this section, any person who pleads guilty or nolo contendere or who is found guilty shall be deemed to have been convicted, notwithstanding the suspension of sentence or the withholding of adjudication.
(4) If the public official is acquitted or found not guilty, or the charges are otherwise dismissed, the Governor shall by executive order revoke the suspension; and the public official shall be entitled to full back pay and such other emoluments or allowances to which he or she would have been entitled had he or she not been suspended.
History.—s. 1, ch. 80-333; s. 720, ch. 95-147.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part VI - Law Enforcement and Correctional Officers (Ss. 112.531-112.536) › 112.531 - Definitions.

112.531 Definitions.—As used in this part, the term:
(1) “Brady identification system” means a list or identification, in whatever form, of the name or names of law enforcement officers or correctional officers about whom a prosecuting agency is in possession of impeachment evidence as defined by court decision, statute, or rule.
(2) “Correctional officer” means any person, other than a warden, who is appointed or employed full time or part time by the state or any political subdivision thereof whose primary responsibility is the supervision, protection, care, custody, or control of inmates within a correctional institution; and includes correctional probation officers, as defined in s. 943.10(3). However, the term “correctional officer” does not include any secretarial, clerical, or professionally trained personnel.
(3) “Law enforcement officer” means any person, other than a chief of police, who is employed full time or part time by any municipality or the state or any political subdivision thereof and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of this state; and includes any person who is appointed by the sheriff as a deputy sheriff under s. 30.07.
(4) “Prosecuting agency” means the Attorney General or an assistant attorney general, the statewide prosecutor or an assistant statewide prosecutor, a state attorney or an assistant state attorney, a city or county attorney, a special prosecutor, or any other person or entity charged with the prosecution of a criminal case.
History.—s. 1, ch. 74-274; s. 1, ch. 75-41; s. 34, ch. 77-104; s. 1, ch. 82-156; s. 1, ch. 89-223; s. 1, ch. 93-19; s. 3, ch. 2000-161; s. 2, ch. 2020-104; s. 1, ch. 2023-230.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part VI - Law Enforcement and Correctional Officers (Ss. 112.531-112.536) › 112.535 - Construction.

112.535 Construction.—The provisions of chapter 93-19, Laws of Florida, shall not be construed to restrict or otherwise limit the discretion of the sheriff to take any disciplinary action, without limitation, against a deputy sheriff, including the demotion, reprimand, suspension, or dismissal thereof, nor to limit the right of the sheriff to appoint deputy sheriffs or to withdraw their appointment as provided in chapter 30. Neither shall the provisions of chapter 93-19, Laws of Florida, be construed to grant collective bargaining rights to deputy sheriffs or to provide them with a property interest or continued expectancy in their appointment as a deputy sheriff.
History.—s. 6, ch. 93-19.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part VII - Actuarial Soundness of Retirement Systems (Ss. 112.60-112.67) › 112.60 - Short title.

112.60 Short title.—This part may be cited as the “Florida Protection of Public Employee Retirement Benefits Act.”
History.—s. 1, ch. 78-170.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part VII - Actuarial Soundness of Retirement Systems (Ss. 112.60-112.67) › 112.61 - Legislative intent.

112.61 Legislative intent.—It is the intent of the Legislature in implementing the provisions of s. 14, Art. X of the State Constitution, relating to governmental retirement systems, that such retirement systems or plans be managed, administered, operated, and funded in such a manner as to maximize the protection of public employee retirement benefits. Inherent in this intent is the recognition that the pension liabilities attributable to the benefits promised public employees be fairly, orderly, and equitably funded by the current, as well as future, taxpayers. Accordingly, except as herein provided, it is the intent of this act to prohibit the use of any procedure, methodology, or assumptions the effect of which is to transfer to future taxpayers any portion of the costs which may reasonably have been expected to be paid by the current taxpayers. Actuarial experience may be used to fund additional benefits, provided that the present value of such benefits does not exceed the net actuarial experience accumulated from all sources of gains and losses. This act hereby establishes minimum standards for the operation and funding of public employee retirement systems and plans.
History.—s. 1, ch. 78-170; s. 13, ch. 79-183; s. 1, ch. 83-37; s. 3, ch. 94-259.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part VII - Actuarial Soundness of Retirement Systems (Ss. 112.60-112.67) › 112.62 - Application.

112.62 Application.—The provisions of this part are applicable to any and all units, agencies, branches, departments, boards, and institutions of state, county, special district, and municipal governments which participate in, operate, or administer a retirement system or plan for public employees, funded in whole or in part by public funds. The provisions of this part supplement and, to the extent there are conflicts, prevail over the provisions of existing laws and local ordinances relating to such retirement systems or plans.
History.—s. 1, ch. 78-170.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part VII - Actuarial Soundness of Retirement Systems (Ss. 112.60-112.67) › 112.65 - Limitation of benefits.

112.65 Limitation of benefits.—
(1) ESTABLISHMENT OF PROGRAM.—The normal retirement benefit or pension payable to a retiree who becomes a member of any retirement system or plan and who has not previously participated in such plan, on or after January 1, 1980, may not exceed 100 percent of his or her average final compensation. However, this section does not apply to supplemental retirement benefits or to pension increases attributable to cost-of-living increases or adjustments. For the purposes of this section, benefits accruing in individual member accounts established under the investment plan established in part II of chapter 121 are considered supplemental benefits. As used in this section, the term “average final compensation” means the average of the member’s earnings over a period of time which the governmental entity has established by statute, charter, or ordinance.
(2) RESTRICTION.—No member of a retirement system or plan covered by this part who is not now a member of such plan shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer’s retirement system or plan. This restriction does not apply to social security benefits or federal benefits under chapter 67, Title 10, United States Code.
History.—s. 1, ch. 78-170; s. 17, ch. 79-183; s. 4, ch. 88-382; s. 723, ch. 95-147; s. 2, ch. 99-392; s. 1, ch. 2000-169; s. 4, ch. 2011-68.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part VII - Actuarial Soundness of Retirement Systems (Ss. 112.60-112.67) › 112.656 - Fiduciary duties; certain officials included as fiduciaries.

112.656 Fiduciary duties; certain officials included as fiduciaries.—
(1) A fiduciary shall discharge his or her duties with respect to a plan solely in the interest of the participants and beneficiaries for the exclusive purpose of providing benefits to participants and their beneficiaries and defraying reasonable expenses of administering the plan. Investment decisions must comply with s. 112.662.
(2) Each retirement system or plan shall have one or more named fiduciaries with authority to control and manage the administration and operation of the retirement system or plan. However, the plan administrator, and any officer, trustee, and custodian, and any counsel, accountant, and actuary of the retirement system or plan who is employed on a full-time basis, shall be included as fiduciaries of such system or plan.
(3) A retirement system or plan may purchase insurance for its named fiduciary to cover liability or losses incurred by reason of act or omission of the fiduciary.
History.—s. 18, ch. 79-183; s. 724, ch. 95-147; s. 3, ch. 2023-28.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part VII - Actuarial Soundness of Retirement Systems (Ss. 112.60-112.67) › 112.658 - Office of Program Policy Analysis and Government Accountability to determine compliance of the Florida Retirement System.

112.658 Office of Program Policy Analysis and Government Accountability to determine compliance of the Florida Retirement System.—
(1) The Office of Program Policy Analysis and Government Accountability shall determine, through the examination of actuarial reviews, financial statements, and the practices and procedures of the Department of Management Services, the compliance of the Florida Retirement System with the provisions of this act.
(2) The Office of Program Policy Analysis and Government Accountability shall employ an independent consulting actuary who is an enrolled actuary as defined in this part to assist in the determination of compliance.
(3) The Office of Program Policy Analysis and Government Accountability shall employ the same actuarial standards to monitor the Department of Management Services as the Department of Management Services uses to monitor local governments.
History.—s. 18, ch. 79-183; s. 4, ch. 83-37; s. 3, ch. 96-368; s. 23, ch. 99-255.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part VII - Actuarial Soundness of Retirement Systems (Ss. 112.60-112.67) › 112.665 - Duties of Department of Management Services.

112.665 Duties of Department of Management Services.—
(1) The Department of Management Services shall:
(a) Gather, catalog, and maintain complete, computerized data information on all public employee retirement systems or plans in the state based upon a review of audits, reports, and other data pertaining to the systems or plans;
(b) Receive and comment upon all actuarial reviews of retirement systems or plans maintained by units of local government;
(c) Cooperate with local retirement systems or plans on matters of mutual concern and provide technical assistance to units of local government in the assessment and revision of retirement systems or plans;
(d) Annually issue, by January 1, a report to the President of the Senate and the Speaker of the House of Representatives, which details division activities, findings, and recommendations concerning all governmental retirement systems. The report may include legislation proposed to carry out such recommendations;
(e) Provide a fact sheet for each participating local government defined benefit pension plan which summarizes the plan’s actuarial status. The fact sheet should provide a summary of the plan’s most current actuarial data, minimum funding requirements as a percentage of pay, and a 5-year history of funded ratios. The fact sheet must include a brief explanation of each element in order to maximize the transparency of the local government plans. The fact sheet must also contain the information specified in s. 112.664(1). These documents shall be posted on the department’s website. Plan sponsors that have websites must provide a link to the department’s website;
(f) Annually issue, by January 1, a report to the Special District Accountability Program of the Department of Economic Opportunity which includes the participation in and compliance of special districts with the local government retirement system provisions in s. 112.63 and the state-administered retirement system provisions specified in part I of chapter 121; and
(g) Adopt reasonable rules to administer this part.
(2) The department may subpoena actuarial witnesses, review books and records, hold hearings, and take testimony. A witness shall have the right to be accompanied by counsel.
History.—s. 19, ch. 79-183; s. 7, ch. 84-254; s. 34, ch. 89-169; s. 49, ch. 92-279; s. 55, ch. 92-326; s. 24, ch. 94-249; s. 24, ch. 99-255; s. 14, ch. 2000-169; s. 46, ch. 2011-142; s. 3, ch. 2011-216; s. 4, ch. 2013-100; s. 60, ch. 2014-22.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part VII - Actuarial Soundness of Retirement Systems (Ss. 112.60-112.67) › 112.67 - Special acts prohibited.

112.67 Special acts prohibited.—Pursuant to s. 11(a)(21), Art. III of the State Constitution, the Legislature hereby prohibits special laws or general laws of local application in conflict with the requirements of this part.
History.—s. 2, ch. 78-170.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part VIII - Firefighters (Ss. 112.80-112.84) › 112.80 - Short title.

112.80 Short title.—This part may be cited as the “Firefighters’ Bill of Rights.”
History.—s. 1, ch. 86-6.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part VIII - Firefighters (Ss. 112.80-112.84) › 112.81 - Definitions.

112.81 Definitions.—As used in this part:
(1) “Administrative proceeding” means any nonjudicial hearing which may result in the recommendation, approval, or order of disciplinary action against, or suspension or discharge of, a firefighter.
(2) “Employing agency” means any municipality or the state or any political subdivision thereof, including authorities and special districts, which employs firefighters.
(3) “Firefighter” means a person who is certified in compliance with s. 633.408 and who is employed solely within the fire department or public safety department of an employing agency as a full-time firefighter whose primary responsibility is the prevention and extinguishment of fires; the protection of life and property; and the enforcement of municipal, county, and state fire prevention codes and laws pertaining to the prevention and control of fires.
(4) “Formal investigation” means the process of investigation ordered by supervisory or management personnel, to determine if the firefighter should be disciplined, reprimanded, suspended, or removed, during which the questioning of a firefighter is conducted for the purpose of gathering evidence of misconduct.
(5) “Informal inquiry” means a meeting by supervisory or management personnel with a firefighter about whom an allegation of misconduct has come to the attention of such supervisory or management personnel, the purpose of which meeting is to mediate a complaint or discuss the facts to determine whether a formal investigation should be commenced. The term does not include routine work-related discussions, such as safety sessions or normal operational fire debriefings.
(6) “Interrogation” means the questioning of a firefighter by an employing agency in connection with a formal investigation or an administrative proceeding but does not include arbitration or civil service proceedings. The term does not include questioning during an informal inquiry.
History.—s. 1, ch. 86-6; s. 118, ch. 2013-183; s. 1, ch. 2022-110.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part VIII - Firefighters (Ss. 112.80-112.84) › 112.82 - Rights of firefighters.

112.82 Rights of firefighters.—Whenever a firefighter is subjected to an informal inquiry or interrogation, the inquiry or interrogation must be conducted in accordance with this section.
(1) An interrogation must take place at the facility where the investigating officer is assigned, or at the facility that has jurisdiction over the place where the incident under investigation allegedly occurred, as designated by the investigating officer.
(2) A firefighter may not be subjected to interrogation without first receiving written notice in sufficient detail of the formal investigation in order to reasonably apprise the firefighter of the nature of the investigation. The firefighter must be informed beforehand of the names of all complainants.
(3) All interrogations must be conducted at a reasonable time of day, preferably when the firefighter is on duty, unless the importance of the interrogation is of such a nature that immediate action is required.
(4) The firefighter under formal investigation must be informed of the name, rank, and unit or command of the officer in charge of the investigation, the interrogators, and all persons present during any interrogation.
(5) Informal inquiries and interrogation sessions must be of reasonable duration, and the firefighter must be permitted reasonable periods for rest and personal necessities.
(6) During an informal inquiry or interrogation, the firefighter may not be subjected to offensive language; threatened with a transfer, suspension, dismissal, or other disciplinary action; or offered any incentive as an inducement to answer any questions.
(7) A complete record of any interrogation must be made, and if a transcript of such interrogation is made, the firefighter under formal investigation is entitled to a copy of the transcript without charge. Such record may be electronically recorded.
(8) An employee or officer of an employing agency may represent the agency, and an employee organization may represent any member of a bargaining unit desiring such representation in any proceeding to which this part applies. If a collective bargaining agreement provides for the presence of a representative of the collective bargaining unit during investigations or interrogations, such representative shall be allowed to be present.
(9) A firefighter may not be discharged, disciplined, demoted, denied promotion or seniority, transferred, reassigned, or otherwise disciplined or discriminated against in regard to his or her employment, or be threatened with any such treatment as retaliation for or by reason solely of his or her exercise of any of the rights granted or protected by this part.
History.—s. 1, ch. 86-6; s. 2, ch. 2022-110.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part VIII - Firefighters (Ss. 112.80-112.84) › 112.83 - Rights of firefighters with respect to civil suits.

112.83 Rights of firefighters with respect to civil suits.—If an agency employing firefighters fails to comply with the requirements of this part, a firefighter employed by such agency who is personally injured by such failure to comply may apply directly to the circuit court of the county wherein such employing agency is headquartered and permanently resides for an injunction to restrain and enjoin such violation of the provisions of this part and to complete the performance of the duties imposed by this part.
History.—s. 1, ch. 86-6.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part VIII - Firefighters (Ss. 112.80-112.84) › 112.84 - Rights of firefighters nonexclusive.

112.84 Rights of firefighters nonexclusive.—
(1) The rights of firefighters as set forth in this part shall not be construed to diminish the rights and privileges of firefighters that are guaranteed to all citizens by the Constitution and laws of the United States and of this state or limit the granting of broader rights by other law, ordinance, or rule. These rights include the right to bring suit against any individual, group of persons, association, organization, or corporation for damages, either monetary or otherwise, suffered during the performance of the firefighter’s official duties or for abridgment of the firefighter’s rights, civil or otherwise, arising out of the performance of his or her official duties.
(2) This part is neither designed to abridge nor expand the rights of firefighters to bring civil suits for injuries suffered in the course of their employment as recognized by the courts, nor is it designed to abrogate any common-law or statutory limitation on the rights of recovery.
History.—s. 1, ch. 86-6.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 113 - Commissions › 113.01 - Fee for Commissions Issued by Governor.

113.01 Fee for commissions issued by Governor.—A fee of $10 is prescribed for the issuance of each commission issued by the Governor of the state and attested by the Secretary of State for an elected officer or a notary public.
History.—s. 1, ch. 14669, 1931; s. 1, ch. 15925, 1933; s. 1, ch. 17133, 1935; CGL 1936 Supp. 460(1), (4), 479(1); s. 1, ch. 28296, 1953; s. 2, ch. 65-256; s. 1, ch. 67-460; s. 1, ch. 81-260; s. 5, ch. 84-114; s. 3, ch. 93-268; s. 17, ch. 95-280; s. 1, ch. 96-407.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 113 - Commissions › 113.02 - Fee to Be Paid Before Commissions Issued.

113.02 Fee to be paid before commissions issued.—No commission shall be issued by the Governor or attested by the Secretary of State or shall bear the seal of the state until the fee fixed and required by s. 113.01, if any, shall first be paid as therein provided.
History.—s. 2, ch. 14669, 1931; CGL 1936 Supp. 460(2); s. 2, ch. 81-260.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 113 - Commissions › 113.03 - Disposition of Proceeds.

113.03 Disposition of proceeds.—All fees shall be paid by the Secretary of State into the State Treasury and shall be used for such purposes as the Legislature may determine.
History.—s. 3, ch. 14669, 1931; CGL 1936 Supp. 460(3).
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 113 - Commissions › 113.04 - Fidelity Bond Premiums.

113.04 Fidelity bond premiums.—When any state officer or employee is required by statute or by the head of any state department to secure and give a fidelity bond, the premium therefor shall be paid from the necessary and regular expense account of the department to which such officer or employee shall be attached.
History.—s. 1, ch. 17755, 1937; CGL 1940 Supp. 459(1).
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 113 - Commissions › 113.051 - Grants and Commissions.

113.051 Grants and commissions.—All grants and commissions shall be in the name and under the authority of the State of Florida, sealed with the great seal of the state, signed by the Governor, and countersigned by the Secretary of State.
History.—Former s. 14, Art. IV of the State Constitution of 1885, as amended; converted to statutory law by s. 10, Art. XII of the State Constitution as revised in 1968.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 113 - Commissions › 113.06 - Record of Commission, Oath, and Acceptance.

113.06 Record of commission, oath, and acceptance.—Every commission issued by the Governor shall be recorded in the office of the Secretary of State in a book of commissions and an index made thereof, and the oath of office of the person named in said commission shall be endorsed on said commission, and accompanying the commission there shall be transmitted to each officer a printed acceptance of said commission, and his or her oath of office, which shall be subscribed and taken by such officer, and returned to the office of the Secretary of State and filed therein, and a note thereof made on the record of said commission by the Secretary of State.
History.—s. 2, ch. 12, 1845; RS 213; GS 297; RGS 395; CGL 460; s. 727, ch. 95-147.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 113 - Commissions › 113.07 - Bond by Surety Company; When Required.

113.07 Bond by surety company; when required.—
(1) When public officials, not honorary, either state, county or district, are required to post fidelity or performance bonds, such bonds must be written by surety companies authorized by law to do business in the state.
(2) The provisions of this law do not apply to deputy sheriffs, notaries public, or special process servers appointed to serve process under the provisions of s. 48.021.
(3) The cost of the premium on such bond must be paid out of the General Revenue Fund of the state or out of the county or out of the various districts, depending upon the class in which such officer belongs. If any excess premium over the base premium rate is charged in the procurement of the bonds, such excess premium must be paid by the individual officer or official.
History.—ss. 1, 2, 3, 4, ch. 20523, 1941; s. 2, ch. 76-263; s. 18, ch. 98-34.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 113 - Commissions › 113.071 - Sureties Upon Official Bonds.

113.071 Sureties upon official bonds.—The sureties upon the official bonds of all state, county, and municipal officers shall be residents of, and have sufficient visible property unencumbered within the state, not exempt from sale under legal process, to make good their bonds; and the sureties upon the official bonds of all county and municipal officers shall reside within the county where their principals upon such bonds reside, and shall have sufficient visible and unencumbered property in such county, that is not exempt from sale under legal process, to make good their liability on such bonds. Any duly organized and responsible guarantee or surety company, either foreign or domestic, lawfully doing business in this state, may become and be accepted as surety on all such official bonds.
History.—Former s. 13, Art. XVI of the State Constitution of 1885, as amended; converted to statutory law by s. 10, Art. XII of the State Constitution as revised in 1968.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 114 - Vacating Office › 114.01 - Office Deemed Vacant in Certain Cases.

114.01 Office deemed vacant in certain cases.—
(1) A vacancy in office shall occur:
(a) Upon creation of an office.
(b) Upon the death of the incumbent officer.
(c) Upon removal of the officer from office.
(d) Upon the resignation of the officer and acceptance thereof by the Governor.
(e) Upon the succession of the officer to another office.
(f) Upon the officer’s unexplained absence for 60 consecutive days.
(g) Upon the officer’s failure to maintain the residence required of him or her by law.
(h) Upon the failure of a person elected or appointed to office to qualify for office within 30 days from the commencement of the term of office.
(i) Upon the refusal of the person elected or appointed to accept the office.
(j) Upon the conviction of the officer of a felony as defined in s. 10, Art. X of the State Constitution.
(k) Upon final adjudication, in this state or in any other state, of the officer to be mentally incompetent.
(l) Upon the rendition of a final judgment of a circuit court of this state declaring void the election or appointment of the incumbent to office.
(2) With respect to paragraphs (b) and (f)-(k) of subsection (1), the Governor shall file an executive order with the Secretary of State setting forth the facts which give rise to the vacancy, and he or she shall include in such order the title of the office, the name of the incumbent officer or person who held the office, and the date on which the vacancy in office occurred. The office shall be considered vacant as of the date specified in the executive order or, in absence of such a date, as of the date the executive order is filed with the Secretary of State.
History.—s. 1, ch. 1633, 1868; RS 214; GS 298; RGS 396; CGL 461; s. 25, ch. 71-355; s. 1, ch. 77-235; s. 728, ch. 95-147.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 114 - Vacating Office › 114.02 - Absence From State of Certain Officers.

114.02 Absence from state of certain officers.—When any officer of the executive branch other than a Cabinet officer desires to be absent from the state for a period of 60 consecutive days or more, he or she shall be permitted to do so upon notifying the Governor in writing of this intention, but the officer shall return to the state and to the performance of his or her duties whenever requested by the Governor to do so, and upon the officer’s failure so to do the Governor may declare the office vacant pursuant to s. 114.01.
History.—ch. 1749, 1870; RS 215; GS 299; RGS 397; CGL 462; s. 2, ch. 77-235; s. 729, ch. 95-147.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 114 - Vacating Office › 114.03 - Certain Executive Officers Not to Absent Themselves From the State.

114.03 Certain executive officers not to absent themselves from the state.—The Attorney General, Chief Financial Officer, and Commissioner of Agriculture shall reside at the capital, and no member of the Cabinet shall absent himself or herself from the state for a period of 60 consecutive days or more without the consent of the Governor and a majority of the Cabinet. If a Cabinet officer should refuse or fail to comply with and observe the requirements of this section, his or her office may be deemed vacant pursuant to paragraph (f) or paragraph (g) of s. 114.01(1), as appropriate.
History.—ch. 1845, 1871; RS 216; GS 300; RGS 398; CGL 463; s. 1, ch. 69-300; s. 2, ch. 77-235; s. 730, ch. 95-147; s. 5, ch. 2003-6.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 114 - Vacating Office › 114.04 - Filling Vacancies.

114.04 Filling vacancies.—Except as otherwise provided in the State Constitution, the Governor shall fill by appointment any vacancy in a state, district, or county office, other than a member or officer of the Legislature, for the remainder of the term of an appointive officer and for the remainder of the term of an elective office, if there is less than 28 months remaining in the term; otherwise, until the first Tuesday after the first Monday following the next general election. With respect to any office which requires confirmation by the Senate, the person so appointed may hold an ad interim term of office subject to the provisions of s. 114.05. Each secretary or division director of a department of the executive branch, or the State Surgeon General, who is required by law to be appointed by the Governor and confirmed by the Senate shall serve at the pleasure of the Governor, unless otherwise provided by law, and the appointment of such person shall run concurrently with the term of the Governor making the appointment. In the event a Governor is elected to a second term of office pursuant to s. 5, Art. IV of the State Constitution, each secretary or division director, or the State Surgeon General, so appointed shall be reappointed or, at the discretion of the Governor, replaced by a new appointee. Reappointments to the same office shall be subject to confirmation by the Senate as provided in s. 114.05.
History.—s. 2, ch. 1633, 1868; RS 217; GS 301; RGS 399; CGL 464; s. 1, ch. 70-385; s. 2, ch. 77-235; s. 68, ch. 79-400; s. 8, ch. 2008-6.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 115 - Leaves of Absence to Officials and Employees › 115.01 - Leave of Absence for Military Service.

115.01 Leave of absence for military service.—Any county or state official of the state, subject to the provisions and conditions hereinafter set forth, may be granted leave of absence from his or her office, to serve in the volunteer forces of the United States, or in the National Guard of any state, or in the regular Army, Navy, Air Force, Marine Corps, or Space Force of the United States, when the same shall be called into active service of the United States during war between the United States and a foreign government.
History.—s. 1, ch. 7393, 1917; RGS 400; CGL 465; s. 732, ch. 95-147; s. 2, ch. 2016-216; s. 4, ch. 2022-183.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 115 - Leaves of Absence to Officials and Employees › 115.02 - Governor to Grant Application; Proviso.

115.02 Governor to grant application; proviso.—When any such officer shall be granted a leave of absence pursuant to this chapter, the Governor shall, upon application being made by such officer, grant such officer leave of absence during the time he or she shall be retained in such military service; provided, such service shall not extend beyond the term of office of such officer, in which event the office shall be filled by election at the expiration thereof.
History.—s. 2, ch. 7393, 1917; RGS 401; CGL 466; s. 733, ch. 95-147; s. 6, ch. 2003-72.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 115 - Leaves of Absence to Officials and Employees › 115.03 - Appointment of Deputy; Bond.

115.03 Appointment of deputy; bond.—Before applying for a leave of absence, the officer shall appoint a capable and competent deputy to take over and perform the duties of the office, and any bond required of the officer must remain in full force during the remainder of his or her term of office. Such deputy may be required to furnish bond in a sum of not more than one-half of the amount of the bond of the officer appointing him or her as such deputy, for the faithful performance of such duties.
History.—s. 3, ch. 7393, 1917; RGS 402; CGL 467; s. 734, ch. 95-147; s. 19, ch. 98-34.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 115 - Leaves of Absence to Officials and Employees › 115.04 - Applicability of Ss. 115.01-115.06 to Certain Officers.

115.04 Applicability of ss. 115.01-115.06 to certain officers.—The provisions of ss. 115.01-115.06 shall only apply to such officers as are now authorized by law to appoint deputies.
History.—s. 4, ch. 7393, 1917; RGS 403; CGL 468.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 115 - Leaves of Absence to Officials and Employees › 115.05 - Duties of Deputy.

115.05 Duties of deputy.—Any deputy qualifying under the provisions of ss. 115.01-115.06 shall perform all of the duties that may devolve upon the officer appointing him or her, and the deputy shall sign all official papers and documents in the name of the officer so appointing him or her as such deputy, and his or her said acts as such deputy shall in all respects be as binding as if performed by the officer appointing such deputy.
History.—s. 5, ch. 7393, 1917; RGS 404; CGL 469; s. 735, ch. 95-147.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 115 - Leaves of Absence to Officials and Employees › 115.06 - Reassumption of Duties.

115.06 Reassumption of duties.—Upon being mustered out of the service of the United States, such officer granted leave under s. 115.01 shall immediately enter into the duties of his or her office for the remainder of the term for which he or she was elected.
History.—s. 6, ch. 7393, 1917; RGS 405; CGL 470; s. 736, ch. 95-147.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 115 - Leaves of Absence to Officials and Employees › 115.07 - Officers and Employees’ Leaves of Absence for Reserve or Guard Training.

115.07 Officers and employees’ leaves of absence for reserve or guard training.—
(1) All officers or employees of the state, of the several counties of the state, and of the municipalities or political subdivisions of the state who are commissioned reserve officers or reserve enlisted personnel in the United States military or naval service or members of the National Guard are entitled to leaves of absence from their respective duties, without loss of vacation leave, pay, time, or efficiency rating, on all days during which they are engaged in training ordered under the provisions of the United States military or naval training regulations for such personnel when assigned to active or inactive duty.
(2) Leaves of absence granted as a matter of legal right under the provisions of this section may not exceed 240 working hours in any one annual period. Administrative leaves of absence for additional or longer periods of time for assignment to duty functions of a military character shall be without pay and shall be granted by the employing or appointing authority of any state, county, municipal, or political subdivision employee and when so granted shall be without loss of time or efficiency rating.
(3) When an employee’s assigned employment duty conflicts with ordered active or inactive duty training, it is the responsibility of the employing agency of the state, county, municipal, or political subdivision to provide a substitute employee, if necessary, for the assumption of such employment duty while the employee is on assignment for the training.
(4) It is the intent of the Legislature that the state, its several counties, and its municipalities and political subdivisions shall grant leaves of absence for active or inactive training to all employees who are members of the United States Reserve Forces or the National Guard, to ensure the state and national security at all times through a strong armed force of qualified and mobilization-ready personnel.
History.—s. 1, ch. 17975, 1937; CGL 1940 Supp. 470(1); s. 1, ch. 26852, 1951; s. 10, ch. 83-227; ss. 1, 2, ch. 85-279; s. 1, ch. 2010-79.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 115 - Leaves of Absence to Officials and Employees › 115.08 - Definitions.

115.08 Definitions.—
(1) The term “active military service” as used in this chapter shall signify active duty in the Florida defense force or federal service in training or on active duty with any branch of the Armed Forces or Reservists of the Armed Forces, the Florida National Guard, the Coast Guard of the United States, and service of all officers of the United States Public Health Service detailed by proper authority for duty with the Armed Forces, and shall include the period during which a person in military service is absent from duty on account of sickness, wounds, leave, or other lawful cause.
(2) The term “period of active military service” as used in this chapter shall begin with the date of entering upon active military service, and shall terminate with death or a date 30 days immediately next succeeding the date of release or discharge from active military service, or upon return from active military service, whichever shall occur first.
(3) The term “servicemember” as used in this chapter shall have the same meaning as provided in s. 250.01.
History.—s. 2, ch. 20718, 1941; s. 7, ch. 2003-72.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 115 - Leaves of Absence to Officials and Employees › 115.09 - Leave to Public Officials for Military Service.

115.09 Leave to public officials for military service.—All officials of the state, the several counties of the state, and the municipalities or political subdivisions of the state, including district school and community college officers, which officials are also servicemembers in the National Guard or a reserve component of the Armed Forces of the United States, shall be granted leave of absence from their respective offices and duties to perform active military service, the first 30 days of any such leave of absence to be with full pay.
History.—ss. 1, chs. 20718, 20863, 1941; s. 1, ch. 69-300; s. 1, ch. 91-3; s. 8, ch. 2003-72.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 115 - Leaves of Absence to Officials and Employees › 115.12 - Rights During Leave.

115.12 Rights during leave.—
(1) During such leave of absence such official shall be entitled to preserve all seniority rights, efficiency ratings, promotional status and retirement privileges. The period of active military service shall, for purposes of computation to determine whether such person may be entitled to retirement under the laws of the state, be deemed continuous service in the office of said official. While absent on such leave without pay, said official shall not be required to make any contribution to any retirement fund.
(2) The employing authority shall adhere to all the provisions contained in the Uniformed Services Employment and Reemployment Rights Act, chapter 43 of Title 38 U.S.C.
History.—s. 5, ch. 20718, 1941; s. 10, ch. 2003-72.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 115 - Leaves of Absence to Officials and Employees › 115.15 - Adoption of Federal Law for Employees.

115.15 Adoption of federal law for employees.—The provisions of the Uniformed Services Employment and Reemployment Rights Act, chapter 43 of Title 38 U.S.C., shall be applicable in this state, and the refusal of any state, county, or municipal official to comply therewith shall subject him or her to removal from office.
History.—s. 8, ch. 20718, 1941; s. 740, ch. 95-147; s. 13, ch. 2003-72.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.01 - Payment of Public Funds Into Treasury.

116.01 Payment of public funds into treasury.—
(1) Every state and county officer within this state authorized to collect funds due the state or county shall pay all sums officially received by the officer into the state or county treasury not later than 7 working days from the close of the week in which the officer received the funds. Funds received by the county officer on behalf of the state shall be deposited directly to the account of the State Treasury not later than 7 working days from the close of the week in which the officer received the funds. The clerk of the court, when collecting funds as part of the clerk’s court-related functions, must remit those funds as required under s. 28.245.
(2) No officer shall hereafter be entitled to receive any commission or compensation for collecting said funds when the officer fails or refuses to pay over the same not later than 7 working days from the close of the week in which the officer received the funds.
(3) Nothing herein shall require officers to pay into the state or county treasury those funds which are required by law or court order, or by the purpose for which they are collected, to be held and disbursed for a particular purpose in a manner different from that set forth in subsection (1).
History.—ss. 1, 2, ch. 6205, 1911; RGS 406; CGL 471; s. 1, ch. 76-224; s. 39, ch. 2005-236.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 116 - Powers and Duties of Officers › 116.015 - Receipt of Counterfeit Money in the Course of Operation of Public Office.

116.015 Receipt of counterfeit money in the course of operation of public office.—Whenever a state or county officer who has unknowingly received into the public funds of his or her office any counterfeit currency discovers that fact, the officer shall furnish a written report of the matter to the appropriate state attorney, including such information as the state attorney may request. The officer shall not be personally liable, but shall be entitled to charge such loss as an expense against any available funds of his or her office, provided the amount of such charge does not exceed the face value of the currency so received.
History.—s. 1, ch. 76-117; s. 741, ch. 95-147.