County and Municipal Public Officer Transparency
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HB 815 — County and Municipal Public Officer Transparency
Last action — Died in Ethics and Elections
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
93 added · 170 removed93 line(s) added, 170 removed.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 815CS/CS/CS/HB, Engrossed 1 2018 A bill to be entitled An act relating to county and municipal public officer transparency;
repealingproviding provisionsthat relatingthe togoverning body of a municipality or an agency thereof which provides a per diem and travel policiespolicy tomust conformcomply towith changesand madeis bynot theexempt act;from specified provisions;
Paragraph (a) of subsection (3) and subsection (14) of section 112.061, Florida Statutes, is amended, and subsections (16) and (17) are amendedadded to that section, to read:
112.061 Per diem and travel expenses of public officers, employees, and authorized persons.— (3) AUTHORITY TO INCUR TRAVEL EXPENSES.— Page 1 of 74 CODING:
hb0815-03-c3hb0815-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 815CS/CS/CS/HB, Engrossed 1 2018 112.061 Per diem and travel expenses of public officers, employees, and authorized persons.— (3) AUTHORITY TO INCUR TRAVEL EXPENSES.— (a)1.
If a municipality does not maintain a website, it must requestPage that2 theof applicable4 countyCODING: post the approved travel on the county's website and the county must comply with such request.
All such approved travel must be posted on the Page 2 of 7 CODING:
hb0815-03-c3hb0815-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 815CS/CS/CS/HB, 2018Engrossed applicable1 website2018 asrequest soonthat asthe practicable,applicable butcounty nopost laterthe thanapproved 10travel days after approval, and must remain on the county's website untiland the endcounty ofmust thecomply nextwith fiscalsuch year.request.
All such approved travel must be posted on the applicable website as soon as practicable, but no later than 10 days after approval, and must remain on the website until the end of the next fiscal year.
(14)(16) APPLICABILITYUNIFORM TOTRAVEL COUNTIES,POLICY.— COUNTY OFFICERS, DISTRICT SCHOOL BOARDS, MUNICIPALITIES, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING ORGANIZATIONS.— (a) TheEach followingcounty entitiesand maycounty establishconstitutional ratesofficer thatas varydefined from the per diem rate provided in paragraphs. (6)(a), the subsistence rates provided in paragraph (6)(b), or the mileage rate provided in paragraph (7)(d) if those rates are not less than the statutorily established rates that are in effect for the 2005-2006 fiscal year:
1.
The governing body of a county by the enactment of an ordinance or resolution;
2.
A county constitutional officer, pursuant to s.
VIII of the State Constitution, byshall adopt a uniform travel policy applicable to all public officers and employees consistent with the establishmentprovisions of writtenthis policy;section.
3.(b) Each municipality shall adopt a uniform travel policy applicable to all public officers and employees consistent with the provisions of this section or s.
The166.021(9). governing body of a district school board by the adoption of rules;
4.(17) BUDGET ITEM.—Each county, constitutional officer as defined in s.
The governing body of a special district, as defined in s.
189.012, except those special districts that are subject to s.
166.021(9), by the enactment of a resolution;
or Page 3 of 7 CODING:
Words stricken are deletions;
words underlined are additions.
hb0815-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 815 2018 5.
Any metropolitan planning organization created pursuant to s.
339.175 or any other separate legal or administrative entity created pursuant to s.
339.175 of which a metropolitan planning organization is a member, by the enactment of a resolution.
(b) Rates established pursuant to paragraph (a) must apply uniformly to all travel by the county, county constitutional officer and entity governed by that officer, district school board, special district, or metropolitan planning organization.
(c) Each county, county constitutional officer as defined in s.
VIII of the State Constitution, and municipality shall adoptinclude a uniformseparate travelline policyitem consistentin with the provisionsbudget offor thisthe sectioncounty, applicablecounty toconstitutional allofficer, ofor itsmunicipality publicfor officerstotal andexpenses employees.for travel.
(d) Each county, county constitutional officer as defined in s.
1(d), Art.
VIII of the State Constitution, and municipality shall include a separate line item in the budget for the county, county constitutional officer, or municipality for total expenses for travel under the provisions of this section.
(e)(c) Except as otherwise provided in this subsection, counties, county constitutional officers and entities governed by those officers, district school boards, special districts, and metropolitan planning organizations, other than those Page 4 of 7 CODING:
Words stricken are deletions;
words underlined are additions.
hb0815-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 815 2018 subject to s.
166.021(9), remain subject to the requirements of this section.
SubsectionParagraph (b) of subsection (9) of section 166.021, Florida Statutes, is amended to read:
Show all 73 changed lines (33 more)
166.021 Powers.— (9)(a)Page As3 usedof in4 thisCODING: subsection, the term:
1.
"Authorized person" means a person:
a.
Other than an officer or employee, as defined in this paragraph, whether elected or commissioned or not, who is authorized by a municipality or agency thereof to incur travel expenses in the performance of official duties;
b.
Who is called upon by a municipality or agency thereof to contribute time and services as consultant or advisor;
or c.
Who is a candidate for an executive or professional position with a municipality or agency thereof.
2.
"Employee" means an individual, whether commissioned or not, other than an officer or authorized person as defined in this paragraph, who is filling a regular or full-time authorized position and is responsible to a municipality or agency thereof.
3.
"Officer" means an individual who, in the performance of his or her official duties, is vested by law with sovereign powers of government and who is either elected by the people, or commissioned by the Governor and who has jurisdiction extending throughout the municipality, or any person lawfully serving instead of either of the foregoing two classes of individuals as Page 5 of 7 CODING:
hb0815-03-c3hb0815-04-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 815CS/CS/CS/HB, Engrossed 1 2018 initial(9) designee(b) orNotwithstanding successor.s.
4.
"Traveler" means an officer, employee, or authorized person, when performing travel authorized by a municipality or agency thereof.
(b) Notwithstanding s.
112.061.112.061 except that such policy shall comply with the provisions of s.
112.061(3)(a)2 and (17).
112.061.112.061 except for s.
112.061(3)(a)2.
and (17).
(c) Travel claims submitted by a traveler in a municipality or agency thereof which is exempted from the provisions of s.
112.061, pursuant to paragraph (b), shall not be required to be sworn to before a notary public or other officer authorized to administer oaths, but any claim authorized or required to be made under any per diem and travel expense policy of a municipality or agency thereof must contain a statement that the expenses were actually incurred by the traveler as necessary travel expenses in the performance of Page 6 of 7 CODING:
Words stricken are deletions;
words underlined are additions.
hb0815-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 815 2018 official duties and shall be verified by a written declaration that it is true and correct as to every material matter;
and any person who willfully makes and subscribes any such claim that he or she does not believe to be true and correct as to every material matter, or who willfully aids or assists in, or procures, counsels, or advises the preparation or presentation of such a claim that is fraudulent or is false as to any material matter, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such claim, commits a misdemeanor of the second degree, punishable as provided in s.
775.082 or s.
775.083.
Whoever receives an allowance or reimbursement by means of a false claim is civilly liable in the amount of the overpayment for the reimbursement of the public fund from which the claim was paid.
Page 74 of 74 CODING:
hb0815-03-c3hb0815-04-e1
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View plain text versions (5)
- H 815 e1 View text pdf
- H 815 c3 View text pdf
- H 815 c2 View text pdf
- H 815 c1 View text Current pdf
- Introduced H 815 Filed pdf
Action History
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Died in Ethics and Elections
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Indefinitely postponed and withdrawn from consideration
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Received
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Referred to Ethics and Elections; Community Affairs; Rules
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In Messages
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CS passed as amended; YEAS 97 NAYS 15
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Read 3rd time
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Placed on 3rd reading
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Amendment(s) adopted (651975) -HJ 811, 812
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Read 2nd time
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Placed on Special Order Calendar, 03/02/18
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Temporarily postponed, on 2nd Reading
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CS/CS/CS by Government Accountability Committee read 1st time
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Placed on Special Order Calendar, 02/28/18
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Placed on Calendar
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Pending review of CS -under Rule 7.18(c)
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CS/CS/CS by- Government Accountability Committee; YEAS 17 NAYS 4
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On Committee agenda-- Government Accountability Committee, 02/22/18, 9:00 am, Morris Hall
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Now in Government Accountability Committee
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CS/CS by Public Integrity and Ethics Committee read 1st time
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Pending review of CS under Rule 7.18(c)
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CS/CS by Public Integrity and Ethics Committee; YEAS 12 NAYS 6
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PCS on Committee agenda-- Public Integrity and Ethics Committee, 02/08/18, 9:00 am, Sumner Hall
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Now in Public Integrity and Ethics Committee
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CS by Local, Federal and Veterans Affairs Subcommittee read 1st time
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Pending review of CS under Rule 7.18(c)
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CS by Local, Federal and Veterans Affairs Subcommittee; YEAS 12 NAYS 2
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Introduced
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On Committee agenda-- Local, Federal and Veterans Affairs Subcommittee, 01/10/18, 3:30 pm, 12 HOB
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Referred to Local, Federal and Veterans Affairs Subcommittee; Public Integrity and Ethics Committee; Government Accountability Committee
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Filed
Sponsors
- Avila · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 163 not signed on · 2 voted No
Sponsors (1)
- Avila
Co-sponsors (0)
None.
Not signed on (163)
163 members have not signed on to this bill.
Show all 163 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 74 | 14 | 0 | 4 |
| Republican | 19 | 0 | 0 | 1 |
| Democrat | 4 | 1 | 0 | 0 |
| Total | 97 | 15 | 0 | 5 |
| % of votes cast | 83% | 13% | 0% | 4% |
How each member voted (117)
| Member | Party | Vote |
|---|---|---|
| Gonzalez | — | Yea |
| Alexander | — | Nay |
| Grant, J. | — | Yea |
| Grant, M. | — | Yea |
| Raschein | — | Yea |
| Caldwell | — | Yea |
| Clemons | — | Yea |
| Smith | — | Yea |
| Latvala | — | Yea |
| Cortes, B. | — | Yea |
| Lee | — | Yea |
| Cortes, J. | — | Yea |
| Sullivan | — | Yea |
| Diaz, M. | — | Yea |
| Moraitis | — | Yea |
| Watson, B. | — | Yea |
| Watson, C. | — | Nay |
| Nunez | — | Yea |
| Williams | — | Nay |
| Fitzenhagen | — | Yea |
| Abruzzo | — | Not Voting |
| Altman | — | Not Voting |
| Slosberg | — | Not Voting |
| Ahern | — | Yea |
| Ausley | — | Nay |
| Asencio | — | Yea |
| Beshears | — | Yea |
| Bileca | — | Yea |
| Brown | — | Nay |
| Byrd | — | Yea |
| Corcoran | — | Yea |
| Cruz | — | Yea |
| Cummings | — | Yea |
| Diamond | — | Nay |
| Donalds | — | Yea |
| Drake | — | Yea |
| DuBose | — | Nay |
| Duran | — | Yea |
| Eagle | — | Yea |
| Fant | — | Yea |
| Edwards-Walpole | — | Yea |
| Fine | — | Yea |
| Fischer | — | Yea |
| Geller | — | Nay |
| Good | — | Nay |
| Goodson | — | Yea |
| Hager | — | Yea |
| Hardemon | — | Yea |
| Harrison | — | Yea |
| Henry | — | Nay |
| Ingoglia | — | Yea |
| Ingram | — | Yea |
| Jacobs | — | Yea |
| Jenne | — | Yea |
| Jacquet | — | Nay |
| Killebrew | — | Yea |
| Magar | — | Yea |
| Mariano | — | Yea |
| McGhee | — | Nay |
| Mercado | — | Nay |
| Metz | — | Yea |
| Moskowitz | — | Yea |
| Newton | — | Nay |
| Oliva | — | Yea |
| Olszewski | — | Yea |
| Payne | — | Yea |
| Peters | — | Yea |
| Pigman | — | Not Voting |
| Ponder | — | Yea |
| Porter | — | Yea |
| Pritchett | — | Yea |
| Raburn | — | Yea |
| Renner | — | Yea |
| Richardson | — | Yea |
| Rommel | — | Yea |
| Rodrigues | — | Yea |
| Russell | — | Yea |
| Roth | — | Yea |
| Santiago | — | Yea |
| Shaw | — | Yea |
| Silvers | — | Yea |
| Sprowls | — | Yea |
| Spano | — | Yea |
| Stafford | — | Yea |
| Stevenson | — | Yea |
| Stone | — | Yea |
| Toledo | — | Yea |
| Trujillo | — | Yea |
| White | — | Yea |
| Willhite | — | Yea |
| Williamson | — | Yea |
| La Rosa | — | Yea |
| Antone, Bruce Hadley | Democrat | Yea |
| Berman, Lori | Democrat | Yea |
| Daniels, Kimberly | Democrat | Yea |
| Davis, Tracie | Democrat | Nay |
| Jones, Shevrin D. "Shev" | Democrat | Yea |
| Albritton, Ben | Republican | Yea |
| Boyd, Jim | Republican | Yea |
| Brodeur, Jason | Republican | Yea |
| Burgess, Danny | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| Grall, Erin | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Harrell, Gayle | Republican | Not Voting |
| Leek, Thomas J. "Tom" | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| McClain, Stan | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| Miller, Monique | Republican | Yea |
| Perez, Daniel | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Plasencia, Susan | Republican | Yea |
| Stark, Paula A. | Republican | Yea |
| Trumbull, Jay | Republican | Yea |
| Vacant | Republican | Yea |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 4 | 0 | 3 |
| Democrat | 1 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 17 | 4 | 0 | 3 |
| % of votes cast | 71% | 17% | 0% | 13% |
How each member voted (24)
| Member | Party | Vote |
|---|---|---|
| Abruzzo | — | Nay |
| Watson, B. | — | Nay |
| Watson, C. | — | Yea |
| Caldwell | — | Yea |
| Latvala | — | Yea |
| Raschein | — | Yea |
| Sullivan | — | Yea |
| Drake | — | Yea |
| Fant | — | Yea |
| Henry | — | Nay |
| Jacobs | — | Yea |
| Newton | — | Nay |
| Nuñez | — | Yea |
| Olszewski | — | Yea |
| Pigman | — | Not Voting |
| Rommel | — | Not Voting |
| Santiago | — | Not Voting |
| Stone | — | Yea |
| Willhite | — | Yea |
| Williamson | — | Yea |
| Smith, Carlos Guillermo | Democrat | Yea |
| Albritton, Ben | Republican | Yea |
| McClain, Stan | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 0 | 2 | 0 | 0 |
| Unaffiliated | 8 | 4 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 12 | 6 | 0 | 0 |
| % of votes cast | 67% | 33% | 0% | 0% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Slosberg | — | Yea |
| Cortes, B. | — | Yea |
| Gonzalez | — | Yea |
| Ahern | — | Yea |
| Byrd | — | Yea |
| Fischer | — | Yea |
| Mercado | — | Nay |
| Metz | — | Yea |
| Peters | — | Nay |
| Pritchett | — | Nay |
| Raburn | — | Yea |
| Richardson | — | Nay |
| Daniels, Kimberly | Democrat | Nay |
| Davis, Tracie | Democrat | Nay |
| Brodeur, Jason | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| Perez, Daniel | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 2 | 0 | 0 |
| Republican | 5 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 12 | 2 | 0 | 0 |
| % of votes cast | 86% | 14% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Abruzzo | — | Yea |
| Williams | — | Nay |
| Brown | — | Nay |
| Fant | — | Yea |
| Olszewski | — | Yea |
| Ponder | — | Yea |
| Raburn | — | Yea |
| Renner | — | Yea |
| Smith, Carlos Guillermo | Democrat | Yea |
| Burgess, Danny | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| Miller, Monique | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 815?
- HB 815 is sponsored by Avila.
- What is the current status of HB 815?
- This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 815?
- Track HB 815 free on One Click Politics — get push/email alerts when it moves.
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