Florida 2018 Regular Session Status: Passed House

HB 815 — County and Municipal Public Officer Transparency

Last action — Died in Ethics and Elections

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removed

93 line(s) added, 170 removed.

→
Previous
Latest
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 A bill to be entitled An act relating to county and municipal public officer transparency;
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, Engrossed 1 2018 A bill to be entitled An act relating to county and municipal public officer transparency;
repealing provisions relating to municipality travel policies to conform to changes made by the act;
providing that the governing body of a municipality or an agency thereof which provides a per diem and travel policy must comply with and is not exempt from specified provisions;
Paragraph (a) of subsection (3) and subsection (14) of section 112.061, Florida Statutes, are amended to read:
Paragraph (a) of subsection (3) of section 112.061, Florida Statutes, is amended, and subsections (16) and (17) are added 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 7 CODING:
Page 1 of 4 CODING:
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 (a)1.
hb0815-04-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, 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 request that the applicable county post the approved travel on the county's website and the county must comply with such request.
If a municipality does not maintain a website, it must Page 2 of 4 CODING:
All such approved travel must be posted on the Page 2 of 7 CODING:
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 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.
hb0815-04-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, Engrossed 1 2018 request that the applicable county 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 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) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT SCHOOL BOARDS, MUNICIPALITIES, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING ORGANIZATIONS.— (a) The following entities may establish rates that vary from the per diem rate provided in paragraph (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:
(16) UNIFORM TRAVEL POLICY.— (a) Each county and county constitutional officer as defined in s.
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, by the establishment of written policy;
VIII of the State Constitution, shall adopt a uniform travel policy applicable to all public officers and employees consistent with the provisions of this 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.
The governing body of a district school board by the adoption of rules;
166.021(9).
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 adopt a uniform travel policy consistent with the provisions of this section applicable to all of its public officers and employees.
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.
(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.
Subsection (9) of section 166.021, Florida Statutes, is amended to read:
Paragraph (b) of subsection (9) of section 166.021, Florida Statutes, is amended to read:
Show all 73 changed rows (33 more)
Previous
Latest
166.021 Powers.— (9)(a) As used in this subsection, the term:
166.021 Powers.— Page 3 of 4 CODING:
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-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 initial designee or successor.
hb0815-04-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, Engrossed 1 2018 (9) (b) Notwithstanding 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 7 of 7 CODING:
Page 4 of 4 CODING:
hb0815-03-c3
hb0815-04-e1
View plain text versions (5)

Action History

  1. Died in Ethics and Elections

  2. Indefinitely postponed and withdrawn from consideration

  3. Received

  4. Referred to Ethics and Elections; Community Affairs; Rules

  5. In Messages

  6. CS passed as amended; YEAS 97 NAYS 15

  7. Read 3rd time

  8. Placed on 3rd reading

  9. Amendment(s) adopted (651975) -HJ 811, 812

  10. Read 2nd time

  11. Placed on Special Order Calendar, 03/02/18

  12. Temporarily postponed, on 2nd Reading

  13. CS/CS/CS by Government Accountability Committee read 1st time

  14. Placed on Special Order Calendar, 02/28/18

  15. Placed on Calendar

  16. Pending review of CS -under Rule 7.18(c)

  17. CS/CS/CS by- Government Accountability Committee; YEAS 17 NAYS 4

  18. On Committee agenda-- Government Accountability Committee, 02/22/18, 9:00 am, Morris Hall

  19. Now in Government Accountability Committee

  20. CS/CS by Public Integrity and Ethics Committee read 1st time

  21. Pending review of CS under Rule 7.18(c)

  22. CS/CS by Public Integrity and Ethics Committee; YEAS 12 NAYS 6

  23. PCS on Committee agenda-- Public Integrity and Ethics Committee, 02/08/18, 9:00 am, Sumner Hall

  24. Now in Public Integrity and Ethics Committee

  25. CS by Local, Federal and Veterans Affairs Subcommittee read 1st time

  26. Pending review of CS under Rule 7.18(c)

  27. CS by Local, Federal and Veterans Affairs Subcommittee; YEAS 12 NAYS 2

  28. Introduced

  29. On Committee agenda-- Local, Federal and Veterans Affairs Subcommittee, 01/10/18, 3:30 pm, 12 HOB

  30. Referred to Local, Federal and Veterans Affairs Subcommittee; Public Integrity and Ethics Committee; Government Accountability Committee

  31. 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage, Third Reading

Passed 97 Yea · 15 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 741404
Republican 19001
Democrat 4100
Total 971505
% 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

Official roll call →

Passed 17 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 13403
Democrat 1000
Republican 3000
Total 17403
% 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

Official roll call →

Passed 12 Yea · 6 Nay
Party YeaNayPresentNot Voting
Democrat 0200
Unaffiliated 8400
Republican 4000
Total 12600
% 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

Official roll call →

Passed 12 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6200
Republican 5000
Democrat 1000
Total 12200
% 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

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

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.

Make your voice heard on HB 815

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Stay ahead of HB 815

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →