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-

51

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 Ccunty 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,

52

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,

53

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 reimbursement 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 reimbursement 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 disbursement 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.

60

(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 reim­bursement 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 reimbursement for travel ex­penses and per diem at the rates provided in s. 112.061. However, the fact that such reimbursement 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 circumstances 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 circumstances 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 reimbursement 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.

63

(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 disbursements from the legislative appropriation by offices, divisions or departments, including standing committees, or oth­er categories as needed, indicating a breakdown as to type of disbursements.

(7) Preparing monthly reports of disbursements 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.

64

(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 circumstances.

(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.

71

(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,

Ch. 11 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING F.S. 1983

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.

72

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-

73

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

Ch.ll LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING F.S. 1983

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-

74

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.

F.S. 1983 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING Ch.ll

(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

75

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 disbursement 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.

Ch. 11 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING F.S. 1983

(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.

76

(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

F.S. 1983 LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING Ch.ll

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-

77

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 reimbursement 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 circumstances.

(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 circumstances 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 circumstances 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 disbursements 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 disbursement 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 disbursement 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 forpaymentordisbursementofmoneysoutoftheStateTreasuryand 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.

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