Item R08* 3:00 p.m. Public Hearing *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 7/17/13 - KW Division: County Attorney
Bulk Item: Yes —No X Staff Contact Person/Phone #: Bob Shillinger 292-3470
AGENDA ITEM WORDING: A public hearing to consider adoption of an ordinance creating Sec. 2-
28, Monroe County Code setting the public official bond amounts for County Commissioners and
Constitutional Officers pursuant to Chapters 137, 28 and 30, Florida Statutes and providing an
insurance alternative if insurance coverage is purchased in excess of the public official bond amount
required.
ITEM BACKGROUND: Florida law requires that each of the 67 county commissions examine the
sufficiency of the bonds for county officers in their respective every January and June. F.S. 137.05.
That statute affords the Commission the discretion to determine if the current bonds are sufficient, and
to require a new bond if the Board has reason to believe that any of the current bonds have become
impaired. There is no evidence to suggest that any of the current bonds are impaired or are likely to
become impaired.
In 1998 the Legislature dropped the requirement for mandatory Public Official Bonds and vested each
County Commission with the discretion to continue the practice. In 2000, the BOCC adopted
ordinance 055-2000, which required bonds in the following amounts:
a) Clerk - $5,000 d) Property Appraiser - $10,000
b) Sheriff — $15,000 e) County Commissioners - $2,000
c) Tax Collector - $5,000 f) Supervisor of Elections - $5,000
In 2009, the Board voted to drop the bond requirement for the Sheriff because he had more
comprehensive coverage through his insurance policy. Some commentators view these types of bonds
as an antiquated form of insurance in light of more comprehensive policies that governments,
including Monroe County, routinely purchase. In short, the protections afforded by these bonds are
thought to be redundant and not as broad as is provided elsewhere through insurance policies.
Other counties have discontinued the practice of requiring bonds and instead purchased a rider for
protection against official and employee dishonesty. The County's risk management consultant has
opined that the County is adequately protected for the Commissioner's actions through its insurance
policies.
In January 2013, the Board gave direction to the County Attorney to draft an ordinance setting forth
the minimum insurance requirements that a Public Officer will need to purchase in order to be relieved
of the obligation to post a bond. Even with the proposed ordinance change, the Board will still need to
hold its semi-annual examination of the insurance coverage in lieu of the bonds.
PREVIOUS RELEVANT BOCC ACTION:
6/19/13 BOCC approved public hearing on 7/17/13 in Key West, FL at 3:00 p.m.;
1/16/2013 BOCC directed County Attorney to draft an ordinance allowing for insurance coverage in
lieu of the required public official bond amount;
3/18/2009 BOCC voted to waive the bond requirements for the Sheriff;
2/13/2000 BOCC adopted Ordinance No. 55-2000.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: INDIRECT COST: BUDGETED: _Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 1/09
ORDINANCE NO. — 2013
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA REPEALING ORDINANCE NO.
055-2000 IN ITS ENTIRETY; SETTING THE BOND AMOUNT EACH
COUNTY OFFICER MUST PURCHASE PURSUANT TO CHAPTERS
137, 28 AND 30, FLORIDA STATUTES; PROVIDING FOR
INSURANCE COVERAGE IN LIEU OF BOND IF INSURANCE
PROVIDES COVERAGE IN EXCESS OF THE BOND AMOUNT
REQUIRED; PROVIDING FOR SEMI-ANNUAL REVIEW OF THE
BONDS OF ALL COUNTY OFFICERS IN JANUARY AND JUNE OF
EACH YEAR TO ENSURE SUFFICIENCY PURSUANT TO F.S. 137.05;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, F.S. 137.01 authorizes the Board of County Commissioners to set the
amount of the bond each county officer must purchase to ensure the faithful performance of
duties while in office; and
WHEREAS, Chapter 98-34, Laws of Florida amended F.S. 137.01 giving county
commissions the authority to decide whether to make county officer bonds optional; and
WHEREAS, in December 2000, the Board enacted Ordinance No. 055-2000, which set
public official bonds at the following amounts:
a) Clerk of the Circuit Court $ 5,000
b) Sheriff $15,000
c) Tax Collector $ 5,000
d) Property Appraiser $10,000
e) County Commissioners $ 2,000
f) Supervisor of Elections $ 5,000
WHEREAS, Ordinance No. 055-2000 was never codified in the Monroe County Code;
and
WHEREAS, it has been thirteen years since the Board examined the amount of bond it
requires each county officer to post; and
WHEREAS, due to the large amount of cash being handled, the Monroe County Tax
Collector has requested that the bond amount for the Tax Collector's office be raised from
$5,000 to $50,000; and
Ord creating Sec. 2-28, MCC re public officer bonds Page 1 of 3
5/28/13 (KP) BOCC 6/19/13
WHEREAS, modern insurance policies available to county officers provide errors and
omissions and public honesty coverage far greater in scope than traditional public official bonds;
and
WHEREAS, in 2009, the County Commission authorized the Monroe County Sheriff to
dispense with the required public officer bond in light of the insurance coverage the Sheriff had
purchased; and
WHEREAS, in January 2013, the County Commission directed staff to draft an amended
ordinance providing for an insurance alternative to public officer bonds;
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Monroe County, Florida:
SECTION 1. Ordinance No. 055-2000 is hereby repealed in its entirety.
SECTION 2. The Monroe County Code is hereby amended to create a new Section 2-28,
entitled "Public Officer Bonds" which shall read as follows:
(1) Bond amount required. Pursuant to Chapters 137, 28, and 30, Florida Statutes, the Board
hereby requires the following constitutional officers to give bond, conditioned on the
faithful performance of the duties of his/her office, in the following amounts:
a) Clerk of the Circuit Court $ 5,000
b) Sheriff $15,000
c) Tax Collector $50,000
d) Property Appraiser $10,000
e) County Commissioners $ 2,000
f) Supervisor of Elections $ 5,000
(2) Insurance coverage in lieu of bond. The Commission may waive the requirement for a
county officer to purchase a bond if that officer purchases insurance that provides
coverage in excess of the amount of the bond required for that office for the errors and
omissions and honest services of that officer and his/her employees. The County
Commission shall approve each waiver every January and June at its regular business
meeting.
(3) Semi-annual review. If at any time, the Board determines there is reason to believe that
the sufficiency of any county officer's bond has become impaired or insurance coverage
has lapsed or is otherwise insufficient, it must at once require the county officer to
execute and file with the Clerk of Court a new bond for the same amount as set forth in
subsection (1).
Ord creating Sec. 2-28, MCC re public officer bonds Page 2 of 3
5/28/13 (KP) BOCC 6/19/13
SECTION 3. DELIVERY TO ALL COUNTY COMMISSIONERS AND
CONSTITUTIONAL OFFICERS. The Clerk shall deliver a copy of this Ordinance to all
County Commissioners and Constitutional Officers of Monroe County, Florida so that the proper
procedures and changes may be implemented.
SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as a whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State as provided in Section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of 92013.
Mayor Neugent
Mayor Pro Tem Carruthers
Commissioner Murphy
Commissioner Rice
Commissioner Kolhage
(SEAL)
Attest: AMY HEAVILIN, Clerk
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By,
Mayor George Neugent
m G PIS A pRIdEY
ROBERT 13 SHLUNGER, JR.
TT0p, y
Ord creating Sec. 2-28, MCC re public officer bonds Page 3 of 3
5/28/13 (KP) BOCC 6/19/13
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 17, 2013 at 3:00
P.M., or as soon thereafter as may be heard, at the Harvey Government Center, 1100 Truman
Avenue, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County,
Florida, intends to consider the adoption of the following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA REPEALING ORDINANCE NO. 055--2000 IN ITS
ENTIRETY; SETTING THE BOND AMOUNT EACH COUNTY OFFICER
MUST PURCHASE PURSUANT TO CHAPTERS 137, 28 -AND 30, FLORIDA
STATUTES; PROVIDING FOR INSURANCE COVERAGE IN LIEU OF BOND
IF INSURANCE PROVIDES COVERAGE IN EXCESS OF THE BOND
AMOUNT REQUIRED; PROVIDING FOR SEMI-ANNUAL REVIEW OF THE
BONDS OF ALL COUNTY OFFICERS IN JANUARY AND JUNE OF EACH
YEAR TO ENSURE SUFFICIENCY PURSUANT TO F.S. 137.05; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Mfiice, by phoning (30S) 292-4441,
between the hours of 8:30 am. - S.00 p.m., no later than five (S) calendar days prior to the scheduled meeting;
if you are hearing or voice impaired, call "711'
Dated at Key West, Florida, this 19'h day of June, 2013.
AMY HEAVTLIN, Clerk of the Circuit Court
(SEAT-) and ex officio Clerk of the Board of County
Publication dates: Commissioners of Monroe County, Florida
KW Citizen (Fr) 61=13
Keynoter (Sa) 6/29/13
Reporter (Fr) 6128/13
ADDITIONAL BACK-UP:
BOCC 6/19/13 Item R-5 Agenda Backup
BOCC 1/16/13 Minutes Item Q-2
BOCC 1/16/13 Item Q-2 Agenda Backup
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6/19/13 - KW Division: County_Attorney
Bulk Item: Yes X No Staff Contact Person/Phone #: Bob Shillinger 292-3470
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider adoption of an
ordinance creating Sec. 2-28, Monroe County Code setting the public official bond amounts for
County Commissioners and Constitutional Officers pursuant to Chapters 137, 28 and 30, Florida
Statutes and providing an insurance alternative if insurance coverage is purchased in excess of the
public official bond amount required.
ITEM BACKGROUND: Florida law requires that each of the 67 county commissions examine the
sufficiency of the bonds for county officers in their respective every January and June. F.S. 137.05.
That statute affords the Commission the discretion to determine if the current bonds are sufficient, and
to require a new bond if the Board has reason to believe that any of the current bonds have become
impaired. There is no evidence to suggest that any of the current bonds are impaired or are likely to
become impaired.
In 1998 the Legislature dropped the requirement for mandatory Public Official Bonds and vested each
County Commission with the discretion to continue the practice. In 2000, the BOCC adopted
ordinance 055-2000, which required bonds in the following amounts:
a) Clerk - $5,000 d) Property Appraiser - $10,000
b) Sheriff — $15,000 e) County Commissioners - $2,000
c) Tax Collector - $5,000 f) Supervisor of Elections - $5,000
In 2009, the Board voted to drop the bond requirement for the Sheriff because he had more
comprehensive coverage through his insurance policy. Some commentators view these types of bonds
as an antiquated form of insurance in light of more comprehensive policies that governments,
including Monroe County, routinely purchase. In short, the protections afforded by these bonds are
thought to be redundant and not as broad as is provided elsewhere through insurance policies.
Other counties have discontinued the practice of requiring bonds and instead purchased a rider for
protection against official and employee dishonesty. The County's risk management consultant has
opined that the County is adequately protected for the Commissioner's actions through its insurance
policies.
In January 2013, the Board gave direction to the County Attorney to draft an ordinance setting forth
the minimum insurance requirements that a Public Officer will need to purchase in order to be relieved
of the obligation to post a bond. Even with the proposed ordinance change, the Board will still need to
hold its semi-annual examination of the insurance coverage in lieu of the bonds.
YKEVILMS RELEVANT BOCC ACTION:
1/16/2013 BOCC directed County Attorney to draft an ordinance allowing for insurance coverage in
lieu of the required public official bond amount;
3/18/2009 BOCC voted to waive the bond requirements for the Sheriff,
2/13/2000 BOCC adopted Ordinance No. 55-2000.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Approval to schedule a public hearing for July 17, 2013 at 3:00 p.m. in Key West, FL.
TOTAL COST: Adv. costs INDIRECT COST: BUDGETED: Yes No
COST TO COUNTY: Adv. costs SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ No x AMOUNT PER MONTH Year
APPROVED BY: County Atty:L,**' OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 1109 - � ~
60 C-c— 1 *J11-3
Item Q2 Bob Shillinger, County Attorney addressed the Board regarding the County's
current practice requiring County Commissioners and Constitutional Officers to purchase
Elected Official Bonds and direction to staff. Motion was made by Commissioner Kolhage and
seconded by Commissioner Murphy granting approval of staff recommendations to amend
Ordinance No. 055-2000. Motion carried unanimously.
BOARD OF COUNTY COMIVIISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/16/13 - KW Division: County Attorney
Bulk Item: Yes — No xx Staff Contact Person/Phone #: Bob Shillinger 292-3470
AGENDA ITEM WORDING: Discussion regarding the County's current practice requiring County
Commissioners and Constitutional Officers to purchase Elected Officials Bonds and direction to staff.
ITEM BACKGROUND: Florida Statute 137.05 requires each County Commission to examine the
sufficiency of the bonds for their County officers every January and June. This statute affords each
Commission the discretion to determine if their current bonds are sufficient, and to require a new bond
if the Commission has reason to believe that any of the current bonds have become impaired.
By way of background, in 1998 the Legislature dropped the requirement for mandatory Public Official
Bonds and vested each County Commission with the discretion to continue the practice. In 2000, the
BOCC adopted Ordinance No. 055-2000, which required bonds in the following amounts:
a)
Clerk of the Circuit Court - $ 5,000
d) Property Appraiser
- $10,000
b)
Sheriff - $15,000
e) County Commissioners
- $ 2,000
c)
Tax Collector - $ 5,000
f) Supervisor of Elections
- $ 5,000
In 2009, the BOCC voted to drop the bond requirement for the Sheriff because he had more
comprehensive coverage through his insurance policy. Some commentators view these types of bonds
as an antiquated form of insurance in light of more comprehensive policies that governments,
including Monroe County, routinely purchase. In short, the protections afforded by these bonds are
thought to be redundant and not as broad as is provided elsewhere through insurance policies.
Other counties have discontinued the practice of requiring bonds and instead purchased a rider for
protection against official and employee dishonesty. The County's risk management consultant has
opined that the County is adequately protected for the Commissioner's actions through its insurance
policies.
PREVIOUS RELEVANT BOCC ACTION: 12/13/00 BOCC adopted Ordinance No. 055-2000;
3/18/09 BOCC voted to waive the bond requirements for the Sheriff.
UUMMAI:11AUKEEiv M T CHANGES: N/A
5-I'AMr' RELUMMENDATIONS: Staff seeks direction to draft an amendment to Ordinance 055-
2000 setting forth the minimum insurance requirements that a Public Officer will need to purchase in
order to be relieved from the obligation to post a bond.
TOTAL COST: Cost to purchase bonds INDIRECT COST: BUDGETED: _Yes _No
COST TO COUNTY: Approx. $1,948 per year SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required 6
DISPOSITION: AGENDA ITEM # 10
Revised 1/09 i?e-ai(cy
)i . � ' ��
Ch. 137 BONDS OF COUNTY OFFICERS F.S. 20 1 2
CHAPTER137
BONDS OF COUNTY OFFICERS
13701 Bonds required by the board of county
commissioners for county officers.
137.02 Bond oftax collector.
137.03 Bond ofproperty appraisers.
137.04 County commissioners togive bond.
137.05 Duty ofboards ofcounty commissioners.
137.08 Sums for which sureties may be bound.
137.09 Justification and approval of bonds.
137.10 Provisions not applicable to surety compa-
nies.
137.01 Bonds required by the board of county
commissioners for county board of
county commissioners may byordinance require any
county officer to give bond, conditioned for the faithful
performance of the duties of his or her office. The
amount of the bond and the bond must beapproved by
the board ofcounty commissioners. In determining the
amount of the bond, the board cfcounty commissioners
may consider the amount ofmoney or property likely to
be in custody of theofficer time. The
bond ofeach ofthe county officers ofwhom abond im
required mustb filed with the clerk of the circuit court.
xym ` Ch. nnm.murnxo16;muo22;naSm68;noLew1o;,^.,p'
137.¢2 Bond oftax tax collector of
each county shall give bond aarequired bythe board of
county commissioners of the respective county, speci-
fically conditioned to account duly and faithfully for all
taxes collected by the tax collector. In fixing the bond the
board of county commissioners may consider the
amount of money likely to be in the custody of the
collector at any one time.
98-34.
137.03 Bond of property appraisers. —The
county property appraiser shall give a bond as required
by the board of county commissioners. In fixing the
amount of the bond, the board of county commissioners
may consider the amount of money likely to be in the
custody of the property appraiser at any one time.
98-34.
137.04 County commissioners to give bond. —
Each county commissioner, whether elected or ap-
pointed to such office, must give a bond conditioned for
the faithful performance of the duties of his or her off Ice
as required by the board of county commissioners.Tho
premium mfthe bonds given must bepaid Out Of the
county treasury.
xmmn_a ' m o; Raa1xn;nsLo^,wss.`oao.ch 6*10*8
u�ch. mw47,sm�ch. em,2; s.ua�98-34,
137.05 Duty of boards of county commis.
e|onany'—The board of county commissioners of
each county ohmU at its regular meetings in January
and June of each year examine carefully as to the
sufficiency of bonds of the county offiuenm, and if it has
reason to believe that the sufficiency ofany bond has
become impaired, it must atonce require the officer to
execute and file with the proper officer o new bond for
the same amount and under the same conditions ashis
or her former bond.
m toc. ch.w/o. ,mo;aaoso; naa 1572; nsLe^uo;,. 839.nh
vm47;^�ch. �34.
137.08 Sums for which sureties may be bound.
In every bond in which the amount of the bond shall not
exceed $1,000, there shall be at least two sureties, each
bound for the full amount of the bond. In every bond so
specif ied In which the amount of the bond shall exceed
$1,000, each surety may bind himself or herself for a
specified sum, and the aggregate amount for which the
sureties shall bind themselves shall not be less than the
penalty of the bond.
�ch. 3724,`o87; RSa20;oao28;*GS 1575;cGL 2423;s841
ch.e�47.
137.09 Justification and approval of bonds. —
Each surety upon every bond of any county officer shall
make affidavit that hoorshe ioaresident ofthe county
for which the off ioeriatobocommissioned, and that hn
orshe has sufficient visible property therein unencum-
bered ondncdexemptfnomoa|eunder|agdpmceeoto
make good his or her bond. Every such bond shall bn
approved by the board of \ i d by
the Department of Financial Services when they and it
are satisfied in their judgment that the same is legal,
sufficient, and proper to be approved.
137.10 Provisions
panies.—The provisions of this chapter requiring two
sureties and justification by surety shall not apply where
such surety is a surety company authorized to do
business in this state.
1474
Ch. 28 CLERKS OF THE CIRCUIT COURTS 1 2
CHAPTER 28
CLERKS OF THE CIRCUIT COURTS
28.001
Definitions.
28.0
Bond ofcircuit court clerks; small counties.
28.02
Bond ofcircuit court clerks; large counties.
28.03
Obligation of sureties.
28.04
Justification ofsureties.
28.05
Surety comie
28.06
Power ofclerk ooappoint deputies.
28.07
Place ofoffice.
28.071
Clerk's seal.
28.09
Clerk ad interim.
28.101
Petitions and records of dissolution of
marriage; additional charges.
28.12
Clerk of the board of county commis-
sioners.
28.18
To keep
28.14
Records, judgments, nrdem, and decrees
prior 10circuit courts.
28.15
Records from superior courts.
28.16
Certain records from prior county courts.
28.211
Clerk tokeep docket.
28.212
Minutes odcourt proceedings.
28.213
Disposal of physical evidence filed as
exhibits.
28.215
Pro se assistance,
28.222
Clerk tobacounty recorder.
28.22205
Electronic filing process,
28.2221
Electronic access 0uofficial records.
28.2222
Public records capital improvement p|en.
28.223
Probate records; recordation.
28.231
Service charges by clerksof
28.235
Advance paymentsby clerkof circuitcqurt.
28.24
Service charges byclerk ofthe circuit court.
28.2401
Service charges and filing fees in probate
matters.
28.2402
Cost recovery; use ofthe circuit court for
ordinance or special law violations.
28.2405
Comprehensive Case Information System.
28.241
Filing fees for trial and appellate proceed-
ings.
28.242
Service charges retained when case laid in
wrong venue.
28.243
Personal liability for accepting checks.
28.244
Refunds.
28.245
Transmittal of funds to Department of
Revenue; uniform remittance form re-
quired.
28.2455
Transfer of trust funds |nexcess of amount
needed for clerk budgets.
28.2457
Mandatory monetary assessments.
28.248
Payment of court -related fines or other
monetary penalties, fees, charges,and
coots; pambo| payments; distribution of
funds.
28.29
Recording uforders and judgments.
28.30
Raoonda| destruction; reproduction; elec-
tronic recordkeeping.
28.31
Notice tocounty commissioners ofintent to
destroy; approval of board.
28.32
Destruction cfcertain instruments.
502
2833 Investment mfcounty funds bythe clerk of
the circuit court.
28.34
Salary discrimination based on gender or
roue; review within the county and circuit
courts.
28.345
Exemption from court -related i000 and
charges.
28.36
Florida Clerks of Court Operations Cor.
ration.
28.38
Budget procedure.
28.37
Fineo, haee, oemioa chargem, and costs
remitted tothe state.
28.42
Manual offiling fees, ohargea, uooto, and
fines.
28.44
Clerk discontinuance ofcourt-related func-
tions.
28.46
Provision of financial data to Executive
Office ofthe Governor.
28.001 used in this
(1) "Official records!'means each instrument that the
clerk of the circuit court is required or authorized to
record in one general series called "Official Records" as
provided for in s. 28.222.
(2) "Public records" has the same meaning as in s.
119.011 and includes each official record.
28.01 Bond of circuit
ties. -In each county of the state having a population of
150,000 or less according to the last state census, the
clerk of the circuit court shall give bond as required by
the board of county commissioners of the county, to be
filed with the clerk of the circuit court and be conditioned
upon thfaithful dinh of the duties ofoffice.
:ao,u��onueo�w, o�*,�
,.o�� ,'* , 2071; ss.,u12,mach. m*,m,"`s2,m.
28.02 Bond of circuit court clerks;
large coun-
ties. -In county of the state having a population in
excess of 150,000 according to the last state census,
the clerk ofthe circuit court shall give bond aorequired
bythe board ofcounty commissioners ofthe county, tn
be filed with the clerk of the circuit court and be
conditioned upon the faithful discharge of the duties
of office.
* m� :oo/821�ao:mm�aL 4m/:*
, c^,��'mor" , ch. 2719, 1941; ss10,1235,cx6*1M5,153,m
28.03 Obligation of sureties. -Each surety upon
such bond may bind himself or herself for a specified
sum, but the aggregate amount for which the sureties
shall bind themselves shall not be less than the penalty
of the bond.
nam4;eam22, RGau06/CGL^84o,'
28.04 Justification
upon such bond shall make affidavit that the surety is
a resident of the county for which the clerk is to be
F,g, 2012 CLERKS OF THE CIRCUIT COURTS Ch. 28
commissioned, and that he or she has sufficient visible
property therein unencumbered and not exempt from
sale under legal process to make good his or her bond.
History.-s. 10, ch. 3724, 1887; RS 935; GS 1823; FIGS 3068; CGL 4849; s. 3,
ch. 17754, 1937; s. 1, ch. 20719, 1941; s. 155, ch. 95-147.
28.05 Surety companies. -The provisions of ss.
28.01-28.04 as to number of sureties, affidavits of
residence and justification of same, shall not apply to
solvent surety companies authorized to do business
and execute bonds in this state.
History.--GS 1824; FIGS 3069; CGL 4850; s 4, ch. 17754, 1937; s. 1, ch.
20719, 1941
28.06 Power of clerk to appoint deputies. -The
clerk of the circuit court may appoint a deputy or
deputies, for whose acts the clerk shall be liable, and
the said deputies shall have and exercise each and
every power of whatsoever nature and kind as the clerk
may exercise, excepting the power to appoint a deputy
or deputies.
History.-s. 1, Feb. 12, 1834; s. 1, ch. 254, 1849; RS 1384; GS 1825; FIGS
3070; CGL 4851; s. 1, ch. 21956, 1943; s. 156, ch. 95-147.
28.07 Place of office. -The clerk of the circuit
court shall keep his or her office at the county seat. If
the clerk finds a need for branch offices, they may be
located in the county at places other than the county
seat. Instruments presented for recording in the Official
Records may be accepted and filed for that purpose at
any branch office designated by the governing body of
the county for the recording of instruments pursuant to
s. 1, Art. VIII of the State Constitution. One or more
deputy clerks authorized to issue process may be
employed for such branch offices. The Official Records
of the county must be kept at the county seat. Other
records and books must be kept within the county but
need not be kept at the county seat.
History.-s. 3, Feb. 12, 1834; RS 1385; GS 1826; FIGS 3071; CGL 4852; s. 1,
ch. 57-281; s. 1, ch. 87-190; as. 2, 10, ch. 94-348; s. 2, ch. 99-259.
28.071 Clerk's seal. -Each clerk shall provide a
seal which shall have inscribed thereon substantially the
words:
"Circuit Court"
"Clerk," "(Name of county)"
which shall be the official seal of the clerk of the circuit
court in that county for authentication of all documents
or instruments. It may be an imprint or impression type
seal and shall be registered with the Department of
State.
History.-s. 1, ch. 70-134; s. 1, ch. 70-439.
28.09 Clerk ad interim. -In the case of vacancy
occurring in the office of a clerk of the circuit court by
death, resignation, or other cause, the judge of that
court shall appoint a clerk ad interim, who shall assume
all the responsibilities, perform all the duties, and
receive the same compensation for the time being as
if he or she had been duly appointed to fill the office; and
the clerk shall give such bond and security for the
faithful performance of duties as required by the board
of county commissioners.
History.-s. 1, ch. 722,1855; RS 1393; GS 1838; FIGS 3083; CGL 4866; s. 157,
ch. 95-147, s 9. ch. 9&34.
28.101 Petitions and records of dissolution of
marriage; additional charges.-
(1) When a party petitions for a dissolution of
marriage, in addition to the filing charges in s. 28.241,
the clerk shall collect and receive:
(a) A charge of $5. On a monthly basis, the clerk
shall transfer the moneys collected pursuant to this
paragraph to the Department of Revenue for deposit in
the Child Welfare Training Trust Fund created in s.
402.40.
(b) A charge of $5. On a monthly basis, the clerk
shall transfer the moneys collected pursuant to this
paragraph to the Department of Revenue for deposit in
the Displaced Homemaker Trust Fund created in s.
446.50. If a petitioner does not have sufficient funds with
which to pay this fee and signs an affidavit so stating, all
or a portion of the fee shall be waived subject to a
subsequent order of the court relative to the payment of
the fee.
(c) A charge of $55. On a monthly basis, the clerk
shall transfer the moneys collected pursuant to this
paragraph to the Department of Revenue for deposit in
the Domestic Violence Trust Fund. Such funds which
are generated shall be directed to the Department of
Children and Family Services for the specific purpose of
funding domestic violence centers.
(d) A charge of $32.50.On a monthly basis, the clerk
shall transfer the moneys collected pursuant to this
paragraph as follows:
1. An amount of $7.50 to the Department of
Revenue for deposit in the Displaced Homemaker
Trust Fund.
2. An amount of $25 to the Department of Revenue
for deposit in the General Revenue Fund.
(2) Upon receipt of a final judgment of dissolution of
marriage for filing, and in addition to the filing charges in
s. 28.241, the clerk may collect and receive a service
charge of up to $10.50 pursuant to s. 382.023 for the
recording and reporting of such final judgment of
dissolution of marriage to the Department of Health.
History.-s. 2, ch. 67-520; s. 2, ch. 70-134; s. 1, ch. 70-439; s. 1, ch. 73.300; s.
9, ch. 83-217; s.103, ch. 86-220; s. 1, ch. 87-145; s. 25, ch. 87.387; s. 7, ch. 88-98;
s. 2, ch. 88-181; s. 12, ch. 94-134; s. 12, ch. 94-135; s. 54, ch. 96-418; s. 82, ch.
97-237; s. 14, ch. 98-403; s. 13, ch. 99.2; s. 5, ch. 99-243; s. 4, ch. 2001-122; s. 25,
ch. 20M-402; s. 3, ch. 2004-251; s. 14, ch. 2004-265.
503
28.12 Clerk of the board of county commis-
sioners. -The clerk of the circuit court shall be clerk
and accountant of the board of county commissioners.
He or she shall keep the minutes and accounts and
perform such other duties as provided by law. The clerk
shall have custody of the seal and affix the same to any
paper or instrument as required by law.
Hlstory.-RS 1392; GS 1836; FIGS 3081; CGL 4864; s. 3, ch. 70.134; s. 158,
ch. 95-147.
28.13 To keep papers. -The clerk of the circuit
court shall keep all papers filed in the clerk's office with
the utmost care and security, arranged in appropriate
files (endorsing upon each the time when the same was
filed), and shall not permit any attorney or other person
to take papers once filed out of the office of the clerk
without leave of the court, except as is hereinafter
provided by law.
History.--s. 59, Nov. 18,1828; RS 1389; GS 1830; FIGS 3075; CGL 4856; s. 1,
ch. 89-297: s. 159, ch. 95-147.
SHERIFFS
CHAPTER30
30.01
30.02
30.03
30.04
30.05
3O.O6
38.07
30.071
30.072
30.073
30,074
30.075
30.076
30.077
30,078
30.079
3U]09
3l10
30.12
30.14
30.15
30.20
80.21
3022
30.231
30.24
30.27
30.29
30.2905
30.291
30.30
30.46
30.48
30.49
30.50
8&5U1
30.51
30.52
30.53
30.555
30.56
SHERIFFS
Bond ofsheriffs; small counties.
Bond ofsheriffs; large counties.
Obligation of sureties.
Justification ofsureties.
Surety companies.
Liability of sureties.
Deputy sheriffs.
Applicability and scope ovact.
Definitions.
Appointment; probation; regular appoint-
ment.
Regular appointee ebatuo.
Review boards.
Conduct ofhearing.
Continuation ofappointment after ochange
in sheriff.
Effects of act; noproperty interest orex-
pectancy in office; sheriff's authority.
Qualification of deputies; special deputies.
Place ofoffice.
Power toappoint sheriff.
Succession ofoffice.
Powers, duties, and obligations.
False return.
Failure to pay over money.
When sheriff may accept service.
Sheriffs' fees for service ufsummons, sub-
poenas, and executions.
Transportation and return ofprisoners.
Constructive mileage not tobacharged.
Sheriffs may furnish vital war industries
guard service against
Program to contract for employment of off -
duty deputies for security services.
Closing of public facilities upon threat of
VVrito, process; duties and |iobi|iUno in levy-
ing.
Sheriffs; motor vehicles color oombinadion�
badges; simulation prohibited; penalties.
Salaries.
Budgets.
Payment of | heo andexponoee.
Bailiffs' meals and lodging.
Fees and commissions.
Handling ofpublic funds.
Independence ofconstitutional officials.
Liability insurance.
Release oftoaff iuviolator onrecognizance or
bond; penalty for failure 0o
Establishment ofneighborhood crime watch
programs.
30.01 Bond of sheriffs; small counties. -In each
county of the state having a population of 150,000 or
less according to the last state census, the sheriff shall
give bond as required by the board of county commis-
sioners of the county, to be filed with the clerk of the
526
circuit court and be conditioned upon the faithful
discharge of the duties of his or her office. When a
sheriff is appointed to fill a vacancy, a bond may not be a
prerequisite to succession in office; however, if the
county commission requires a bond for the office of
sheriff, the commission shall allow a period of 10 days
after the effective date of the appointment in which the
bond may be provided.
30.02 Bond qfsheriffs; large oounUea.-neach
county in the state having population in excess of
150.nn0according tmthe last state nenaus, the ahnh#
shall give bond as required by the board of county
uommise|onena, to be filed with the clerk of the circuit
court and baconditioned upon the faithful discharge o|
the duties of his or her office. When o sheriff is
appointed to fill a vacancy, a bond may not be o
prerequisite to succession in office; however, if the
county commission requires mbond for the office of
sheriff, the commission shall allow aperiod of1Udays
after the effective date ofthe appointment inwhich the
bond may beprovided.
msto`4uou�4,um�no`xuros,osonao2m1noL�e ,
1.ch. �.,�.`��5.m.'o*mo;�,re.ch,�s'wr�s.,o.c*��2�
30.03 Obligation of sureties. -Each surety upon
such bond may bind himself or herself for a specified
sum, but the aggregate amount for which the sureties
may bind themselves shall not be, less than the penalty
of the bond.
30J04 Justification of sureties. -Each surety
upon such bond shall make onaffidavit that hoorshe
is o resident of the county for which the officer is to be
commissioned, and that the surety has sufficient visible
property therein, unencumbered and not exempt from
sale under legal process, to make good his or her bond.
30.05 Surety companies. -The mxisions ofoa
30.01-30.04, as to number of oupetiea, affidavits of
residence and justification of ooma shall not apply to
solvent surety companies authorized to do business
and execute bonds inthis state.
mmo*.ch. o72* no,00r:oo,00s:nsocon,noL^,6& s^,
3106 Liability of V
are liable for all fines and amercements imposed upon
the principal, or sheriff.
30.07 appoint de-
puties toact under them who shall have the same power
COMMISSIONS Ch. 113
CHAPTER113
COMMISSIONS
113.01
Fee for commissions issued by Governor.
113.02
Fee to be paid before commissions issued.
113-03
Disposition of proceeds.
113,04
Fidelity bond premiums.
113.051
Grants and commissions.
113,06
Record of commission, oath, and accep-
tance.
113.07
Bond by surety company; when required.
113.071
Sureties upon official bonds.
113.01 Fee for commissions Issued by Gover-
nor. --A fee of $10 is prescribed for the issuance of
each commission issued by the Governor of the state
and attested by the Secretary of State for an elected
officer or a notary public.
History—s. 1, ch. 14669, 1931: s. 1, ch. 15925, 1933; s. 1, ch. 17133, 1935;
Col. 1936 Supp. 4600), (4), 479(1); s. 1, ch. 28296, 1953; s. 2, ch. 65-256; a. " ch.
67460; s. 1. ch. 81-260; a. 5, ch. 84-114; s. 3. ch. 93-268; a. 17, ch. 95-280; a. 1: ch.
0"7.
113.02 Fee to be paid before commissions
Issued. —No commission shall be issued by the Gov-
emor or attested by the Secretary of State or shall bear
the seal of the state until the fee fixed and required by s.
113.01, if any, shall first be paid as therein provided.
History—s. 2. ch. 14669, 1931; CGL 1936 Supp. 460(2); s. 2, ch. 81-260.
113.03 Disposition of proceeds. —All fees shall
be paid by the Secretary of State into the State Treasury
and shall be used for such purposes as the Legislature
may determine.
History—s. 3, ch. 14669, 1931; CGL 1936 Supp. 460(3).
113.04 Fidelity bond premiums. —When any state
officer or employee is required by statute or by the head
of any state department to secure and give a fidelity
bond, the premium therefor shall be paid from the
necessary and regular expense account of the depart-
ment to which such officer or employee shall be
attached.
History.—s. 1, ch. 17755, 1937; CGL 1940 Supp. 459(1).
113.051 Grants and commissions. —All grants
and commissions shall be in the name and under the
authority of the State of Florida, sealed with the great
seal of the state, signed by the Governor, and counter-
signed by the Secretary of State.
History. —Former s. 14, Art. IV of the Constitution of 1885, as amended;
converted to statutory law by a. 10, Art. XII of the Constitution as revised in 1968.
113.06 Record of commission, oath, and accep-
tance. —Every commission issued by the Governor
shall be recorded in the office of the Secretary of
State in a book of commissions and an index made
thereof, and the oath of office of the person named in
said commission shall be endorsed on said commis-
sion, and accompanying the commission there shall be
transmitted to each officer a printed acceptance of said
commission, and his or her oath of office, which shall be
subscribed and taken by such officer, and returned to
the office of the Secretary of State and filed therein, and
a note thereof made on the record of said commission
by the Secretary of State.
History. s. 2, ch. 12, 1845; AS 213; GS 297; FIGS 395; CGL 460; a. 727, ch,
95-147.
113.07 Bond by surety company; when re-
quired.—
(1) When public officials, not honorary, either state,
county or district, are required to post fidelity or
performance bonds, such bonds must be written by
surety companies authorized by law to do business in
the state.
(2) The provisions of this law do not apply to deputy
sheriffs, notaries public, or special process servers
appointed to serve process under the provisions of s.
48.021.
(3) The cost of the premium on such bond must be
paid out of the General Revenue Fund of the state or out
of the county or out of the various districts, depending
upon the class in which such officer belongs. If any
excess premium over the base premium rate is charged
in the procurement of the bonds, such excess premium
must be paid by the individual officer or official.
History—ss. 1, 2, 3, 4, ch. 20523, 1941; a. 2, ch, 76-263; s. 18, ch. 98.34
113.071 Sureties upon official bonds. —The sur-
eties upon the official bonds of all state, county, and
municipal officers shall be residents of, and have
sufficient visible property unencumbered within the
state, not exempt from sale under legal process, to
make good their bonds; and the sureties upon the
official bonds of all county and municipal officers shall
reside within the county where their principals upon
such bonds reside, and shall have sufficient visible and
unencumbered property in such county, that is not
exempt from sale under legal process, to make good
their liability on such bonds. Any duly organized and
responsible guarantee or surety company, either foreign
or domestic, lawfully doing business in this state, may
become and be accepted as surety on all such official
bonds.
History. —Former a 13, Art XVI of the Constitution of 1885, as amended;
converted to statutory law by 9. 10, Art. XII of the Constitution as revised in 1968.
1225
Board of County Commissioners
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, DECLARING THAT AN
EMERGENCY EXISTS AND WAIVING NOTICE BY A FOUR -
FIFTHS VOTE; PROVIDING FOR THE AMOUNTS OF THE BONDS
REQUIRED OF THE CONSTITUTIONAL OFFICERS AND
DECLARING THAT THE PREMIUMS FOR SUCH BONDS ARE A
PUBLIC PURPOSE AND MAY BE PAID FOR WITH COUNTY
FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, a recent amendment to Chapter 137, Florida Statutes, requires
the Board of County Commissioners to establish, by ordinance, the amount of the
bonds required of the Tax Collector, Property Appraiser, Supervisor of Elections,
and County Commissioners;
WHEREAS, the recently amended respective chapters of the Florida Statutes
applicable to the Sheriff, and Clerk of the Circuit Court also now require that the
Board establish by ordinance the amounts of their bonds; and
WHEREAS, due to the recent election it is necessary to immediately establish
the amounts of the bonds for the constitutional officers; now, therefore 3 c c3
BE IT ORDAINED BY THE BOARD OF
COUNTY, FLORIDA:
Section 1. An emergency is hereby
fifths vote.
c n
):E S
M-
r-«
COUNTY COMMISSIONERS 4FOONOEL
o n
CO Cp
declared and notice waivd6. bK
a fury
r- C'.
/• rn
co
M
P
Section 2. Pursuant to Chapters 137, 28, and 30, Florida Statutes, the
Board hereby requires the following constitutional officers to give bond, conditioned
for the faithful performance of the duties of his/her Office, in the following
amounts:
a) Clerk of the Circuit Court $ 5,000
b) Sheriff $15,000
c) Tax Collector $ 5,000
d) Property Appraiser $10,000
e) County Commissioners $ 2,000
f) Supervisor of Elections $ 5,000
The premiums for the bonds required by this ordinance are declared to be a
public purpose payable out of County funds.
Section 2. If any section, subsection, sentence, clause or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 5. This ordinance shall take effect when a certified copy of this ordinance
has been accepted by the postal authorities of the United States for special delivery by
registered mail to the Secretary of State of the State of Florida in accordance with the
provisions of Florida Statute 125.66(3).
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 13th day of December, 2000.
Mayor George Neugent
Commissioner Charles McCoy
Comm issionerM u rray Nelson
Wm miss ionerDixie Spehar
missioner Nora Williams
L.KOLHAGE, Clerk
jdordboccbond$
yes
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Cha
APPROVED AS TO FORM
A GA# �i4 �'.'
R08ER %it
DATE
v CHAPTER 98-34"
Senate Bill No. 222
An act relating to public officers and employees; amending ss. 18.01,
19.14, 20.23, F.S.; eliminating bond requirements for the Treasurer,
the Commissioner of Agriculture, and the comptroller of the Depart-
ment of Transportation; amending s. 20.05, F.S.; allowing the head
of an executive department to require bonds for officers or employees
of the department and to set the amount of the bond and approve the
bond; amending s. 20.32, F.S.; allowing the Parole Commission to
require bonds for employees, set the bond amount, and approve the
bonds; amending s. 27.255, F.S.; authorizing state attorneys to re-
quire bonds for full-time investigators and special investigators;
amending ss. 28.01, 28.02, 28.09, 30.01, 30.02, 30.06, 30.09, 30.21,
40.35, F.S.; requiring bonds and the filing of bonds with the clerk of
the circuit court as determined by the board of county commissioners
for the clerk of the circuit court, clerks ad interim, sheriffs, and
deputy sheriffs; providing requirements for bonds when sheriffs are
appointed to fill vacancies; clarifying the liability of sureties; amend-
ing ss. 48.021, 98.015, F.S.; eliminating bond requirements for spe-
cial process servers, and supervisors of elections; amending s.
113.07, F.S.; eliminating the requirement for public officials to file
a surety bond as a prequalification to holding office or performing
duties; amending s. 115.03, F.S., relating to elected officers' duties;
clarifying that any required bonds remain in effect for the remainder
of a term of office; allowing for the deputy to give a bond; amending
s. 137.01, F.S.; eliminating the bond requirements for county offi-
cers; allowing the board of county commissioners to require county
officers to give a bond, set the amount of the bond, and approve the
bond; requiring the filing of bonds with the clerk of the circuit court
instead of the Department of State; amending s. 137.02, F.S.; elimi-
nating the bond requirements for tax collectors; requiring bond as
determined by the board of county commissioners; eliminating the
requirement that the Department of State approve the bond; amend-
ing s. 137,03, F.S.; eliminating the bond requirement for property
appraisers; requiring bond as determined by the board of county
commissioners; amending s. 137.04, F.S.; eliminating the bond re-
quirement for county commissioners; requiring bond as determined
by the board; eliminating the requirement that the Department of
State approve the bond; amending s. 137.05, F.S., relating to the
examination requirements of bonds of county officers by the county
commissioners; removing the examination criteria for sureties„ re-
moving the required report of impaired bonds by the county commis-
sioners to the Governor; amending s. 240.268, F.S.; eliminating the
bond requirement for university police officers; allowing the univer-
sity to require a bond, set the amount of the bond, and approve the
bond; amending s. 240.38, F.S.; eliminating the bond requirement
for community college police officers; allowing the community col-
lege to require a bond, set the amount of the bond, and approve the
bond; amending s. 242.343, F.S.; eliminating the bond requirement
1
CODING: Words striken are deletions; words underlined are additions.
Ch. 98-34 LAWS OF FLORIDA Ch. 98-34
J394 The cost of the premium on such bond must shall be paid out of the
General Revenue Fund of the state or out of the county or out of the various
districts, depending upon the class in which such officer belongs. If In the
event any excess premium over the base premium rate is should be charged
in the procurement of the bonds herein nreyided for, such excess premium
must shall be paid by the individual officer or official.
Section 19. Section 115.03, Florida Statutes, is amended to read:
115.03 Appointment of deputy; bond. —Before applying for a such leave
of absence as above mentioned, the suGh officer shall appoint a capable and
competent deputy to take over and perform the duties of the office, and any
the bond required of the such officer must remain shall h in full force during
the remainder of his or her term of office_, ' Such deputy
may shall be required to furnish good and sufficient bond in a sum of not
more than one-half of the amount of the bond of the officer appointing him
or her as such deputy, for the faithful performance of such duties.
Section 20. Section 137.01 Florida Statutes, is amended to read:
137.01 Bonds required by the board of count commissioners for county
officers. —Each board of cnunty rnmmiccinnPrc may by nrMn nrn rnn,,;rn
the duties of his or her office. The amount of the bond and the bond must
be approved by the board of coun1y commissioners. In determining the
amount of the bond, the board of county commissioners may consider the
amount of money or property likely to be in custody of the county officer at
any one time. The bond of each of the county officers of whom a bond is op
shall be required must by law, shall, before heor.she is rnmmissiened give
bond, with not less onyArn o>>rotiec or- o>>ro+v nem r..+++.. as
L..a...: �.G-.. -.
,
Qmc
,
wbirb -shell beapproved by the board of count- r Gommid be filed
with the clerk of the circuit court ^^ I ^^ed her the Depai4n ent of c+ +^
Section 21. Section 137.02, Florida Statutes, is amended to read:
137.02 Bond of tax collector. —The tax collector of each county shall give
bond as required in , s••-Y' to he fixed by the board of county commissioners
of the respective county, subj@Gt to the-appreval of the Department of tate
as to amount- and surety. This bend shal specifically conditioned to
account duly and faithfully for all taxes collected by the tax collector. In
fixing the sa44 bond the board of county commissioners may consider shall
the amount of money likely to be in the custody of
the collector at any one time.
Section 22. Section 137.03, Florida Statutes, is amended to read:
137.03 Bond of property appraisers. —The county property appraiser
shall give a bond as req uired, the amount- of,=rhi,.h shall he fix by the board
of county commissioners at not less than $ i ,000 er mere than $ i n nnn In
fixing the amount of the said bond, the board of county commissioners may
11
CODING: Words str4ken are deletions: words underlined are additions.
Ch. 98-34 LAWS OF FLORIDA Ch. 98-34
consider shQilz 4k'Q into GORSi aerptinn the amount of money likely to be in
the custody of the property appraiser at any one time.
Section 23. Section 137.04, Florida Statutes, is amended to read:
137.04 County commissioners to give bond. —Each and evej;)c county
commissioner of the s.eve...,t rguntie . of the st + , whether elected or ap-
pointed to such office hefere he or she is cQmMiggian must rh;411 he re
give a bond with not lose. than twe sureties, r
-i f— � conditioned for the faithful performance of the duties of his or her
office as required, whk;h bend shall be approved -
by the board of county
commissioners and the Department of State. The premium of the bonds
even must with mreti,, pomp n;es a suret;eo shall g i
R= ., be paid out of the county
treasury.
Section 24. Section 137.05, Florida Statutes, is amended to read:
137.05 Duty of boards of county commissioners. —The board of county
commissioners of each county thevar=e S sea =toes Of t =< < shall at its
regular meetings meetii4g in January and June of each year examine
carefully as to the sufficiency of bonds of the county officers of their reePen
tive ,.,,,,n ems, and if it has by reason of death, assignment, or nFel �
a4}y_nfthe o,iret;eo ors the hondds of said eff;nerc the), reason to believe
that the sufficiency of gny said bond has become impaired, it must
at once report the same to the Governs=, who shall Gall upon and require the
sash officer or e�'vrrriGeer-s to execute and file with the proper officer a new bond
for the same amount and; under the same conditions as his or her former
bond.
Section 25. Subsection (4) of section 240.268, Florida Statutes, is
amended to read:
240.268 University police officers.—
(4) University police must shall meet the minimum standards estab-
lished by the Criminal Justice Standards and Training Commission and
chapter 943. Each police officer shall, before entering into the performance
of his or her duties, take the oath of office as established by the university;
and the university may obtain and approve a shall enter ;r+„ ,.- andsa f ieient bond on each officer, payable to the Governor and his or her
successors in office, in
�llthpTL7erl to A- h>>c.;r+eoo in +1 -+..+.. +. +U- ____ a �"' r, conditioned on the
faithful performance of the duties of such university police officer. The uni-
versity may determine the amount of the bond. In determining the mmn„nt
likely to be in the custody of the officer at any one time The university shall
provide a uniform set of identification credentials for each university police
officer.
Section 26. Subsection (4) of section 240.38, Florida Statutes, is amended
to read:
12
CODING: Words semen are deletions; words underlined are additions.
Peters -Katherine
From: Sid Webber [sid.webber@interisk.net]
Sent: Friday, December 21, 2012 11:42 AM
To: Shillinger-Bob
Cc: Slavik-Maria; Peters -Katherine
Subject: Faithful Performance Bonds for County Commissioners
Bob,
As a follow up to our telephone conversation, the State Legislature amended Florida
Statute §137.04 in 1998 from requiring all county commissioners to purchase a Faithful
Performance Bond to making it an election of the County Board. It is my understanding
that Monroe County Commissioners still purchase bonds as required prior to 1998. It is
believed that such bonds provide minimal benefits for the following reasons.
1) The bonds will only be triggered if the Board Member fails to "faithfully perform"
the duties of their office. The term "faithfully perform" is not defined by the
bond. It is therefore believed that perfecting a claim under such a bond would be
difficult.
2) If coverage under a Faithful Performance Bond can be perfected, it is uncertain as
to the damages that the County could claim.
3) It is believed that the bonds as they are currently written would pay any Bond
proceeds to the Governor of the State of Florida; not the County.
4) The maximum amount payable under the bond would be $2,000.
5) It is believed that the County is adequately protected for the Board Member's
actions either under the County's Public Officials Liability coverage or the
County's Employee Dishonesty coverage.
It is therefore recommended that Monroe County not adopt a resolution to require its
Board Members to purchase a Faithful Performance Bond.
Sid
Interisk Corporation
1111 N. Westshore Blvd
Suite 208
Tampa Florida 33607
(813) 287-1040
1
Peters -Katherine
From: Siavik-Maria
Sent: Wednesday, December 26, 2012 3:47 PM
To: Peters -Katherine
Cc: 'Sid Webber'; 'Roxana Pierce'; Shillinger-Bob
Subject: RE: County Officers Bonds - Can you please provide the costs per year to the County for all five commissioners
and the constitutionals that purchase bonds? Need to include in our agenda item. Thanks
Heather Carruthers - 12112112-12110113 - Public Official Bond $344.42-Bond Amount $2,000
Sylvia Murphy- 11/15/1-11/15/14-$182.34-Bond Amount $2,000
Danny olha e-11120112-11120116-$344.42
Da vid Rice- 1/16/10-11116114-$358.55-$2, 000
George eugent-11/ /10-1113114-$343.40
Danise Henri u z-T x Collector-1/7/12-1/7/13-Public OfficialBond- $455.85
Amy H avil n-Cl r-1/8/13-1/8/17- $445.72
Theserall the ones that have come through my office, The total cost to the county was
$ ,847.94
Let me know if I can be of further assistance. I will be out of the office Thursday and Friday.
ii = a Z. Ste, 617112
Kcal Adsx4lzo.6tatac
The Historic Gate Cigar Frctory
1100 °nnontoa Street, 5uito 2.26?
Key Wet, rlo "iaa 33040
Office 3W295-3178
Fax 305-295-3179
slavik-maria@monroecounty-ft.gov
Page 1 of l
Tamara Snider
From: Belle Desantis [iesanbs@monroe-clerk.com]
Sent: Thursday, March 26, 2009 1:20 PM
To: Penny Kipp; Jerry Eskew; Sheryl Graham; Alison Trivette; Emie Coughlin; Sylvia Murphy; Beth
Leto; CB&H Auditors; Connie Cyr, Danise Hendquez; Debbie Frederick; Dona Merritt; Donna
Hanson; Ervin Higgs; George Neugent; Jackie Clynes; Katherine Peters; Kim Nystrom; Laura
Deloach-Hartle; Maria Fernandez; Mayra Tezanos; Vladimy Pierre Louis; Salome McIntosh; Stacy
DeVane; Suzanne Hutton; Tamara Lundstrom; Tamara Snider, Terry Marble; Terry Markham; Tina
Boan; Val Marinello; Villiage of Islands; Mario DiGennaro; Lee Rohe; Sherry Joan; Heather
Carruthers; Kim Wigington
Subject: Emailing: March18.2009, February27.2009
Attached please find the BOCC minutes from the special meeting of February 27, 2009 and regular
meeting of March 18, 2009.
Should you have any questions, please feel free to contact my office.
Sy
Thank You
Isabel DeSantis
Deputy Clerk
(305) 295-3130
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4/23/2009
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
47
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Regular Meeting
Board of County Commissioners
Wednesday, March 18, 2009
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Marathon Government Center. Present and answering to
roll call were Commissioner Heather Carruthers, Commissioner Mario DiGennaro,
Commissioner Sylvia Murphy, Commissioner Kim Wigington, and Mayor George R.
Neugent. Also present were Roman Gastesi, County Administrator; Debbie Frederick,
Assistant County Administrator; Suzanne Hutton, County Attorney; Danny L. Kolhage,
Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio;
and the general public. Roman Gastesi, County Administrator arrived later in the
meeting.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner DiGennaro and seconded by Commissioner
Wigington granting approval of Additions, Corrections, and Deletions to the Agenda.
Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of the Employee Service Award for the month of December 2008, to
Kenneth Lohlein, Senior Maintenance Technician, Florida Keys Marathon Airport.
Presentation of Mayor's Proclamation declaring the month of March 2009 as
American Red Cross Month.
BULK APPROVALS
Motion was made by Mayor Neugent and seconded by Commissioner Carruthers
granting approval of the following items by unanimous consent:
Board granted approval for Class Act Cleaning to provide janitorial service for the
new Terminal Building at the Key West International Airport on a month to month basis,
commencing February 13, 2009, pending a contract amendment for additional services.
Board granted approval of award of bid to Tri-Tech Construction & Design, Inc.
for the Runway Obstruction Clearing Project at the Key West Airport, and authorized
execution of same.
67
following individual addressing the Board: Ron Miller, representing the Upper Keys '
Citizen's Association. Motion was made by Commissioner Wigington and seconded �'�` .Q
Commissioner Murphy to approve Staff recommendation of denial. Motion carried
unanimously.�-
c'�,
STAFF REPORTS '�� ��•
91 �Fti
Growth Management - Drew Trivette, Growth Management Director discussed a e.�
request by the U.S. Census Bureau concerning a proposed modification to census tract
number 9710 Long Key to Key Colony Beach.
MONROE COUNTY SHERIFF DEPARTMENT
The Board discussed a request for the BOCC waiver of the Sheriffs bond
requirement. Mike Rice, Bureau Chief addressed the Board. Motion was made by
Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of
/ the waiver. Motion carried unanimously.
l 1" COMMISSIONERS' ITEMS
v The Board discussed Commissioner Carruthers' item concerning direction and
possible action regarding Higgs Beach. Commissioner Carruthers indicated for the
record that a public meeting is being held at Higgs Beach on Saturday, March 21, 2009
from 9 AM to 12 Noon. No official action was taken.
The Board discussed Commissioner Carruthers' items concerning direction and
possible action regarding the fee structure for limousine services operating from Key
West International Airport and direction and possible action regarding the fee structure
for "Greet & Go" parking fees at the Key West International Airport. The following
individual addressed the Board: Rudy Krause. Danny L. Kolhage, Clerk of Courts and
Peter Horton, Airports Director discussed the matter. No official action was taken.
The Board discussed Commissioner DiGennaro's item concerning the
appointment of Ed Swift to the Monroe County Affordable Housing Advisory Committee
to fill specified District 4 category of "residing within County jurisdiction". After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
DiGennaro granting approval of the item. Motion carved unanimously.
COUNTY ADMINISTRATOR
Roman Gastesi, County Administrator referred the Board to the written monthly
activity report for February, 2009. James Callahan, Fire Chief updated the Board
concerning a policy for Trauma Star.
BOARD OF COUNTY COMMISSIONERS
.. AGENDA ITEM SUMMARY
Meeting Date: Division: Monroe County Sherifs Office
Bulls Item: Yes X No
Department: Bureau of Administration
Staff Contact Person/Phone #:
Tamara Snider / 292-7092
AGENDA ITEM WORDING:
Before 1998, the law required sheriffs and many other public officers to have surety bonds conditioned
upon the "faithful discharge, the duties of their offices. Sections 30.01, 30.02, and 30.09, Fla_ Stat.,
were subsequently amended to let each Board of County Commissioners decide whether the Sheriff
must post a bond and in what amount. Currently, the BOCC requires a $15,000 bond. The bond
premium must be paid from the General Fund of the County. §113.07, Fla. Stat. The cost in FY05 was
$340.00 — based on a 4-year term (Attachment # 1).
The Sheriff requests that the BOCC waive the bond requirement. The additional protection is
insignificant compared to the professional liability coverage maintained by the Sheriff and BOCC. (See
Attachment # 2 for Sheriffs coverage limits.) The recurring cost of the Sheriffs bond can be eliminated
from the County budget.
ITEM BACKGROUND:
Transaction will be reported on the Sheriff s FYE09 budget.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Recommended
TOTAL COST: $15,000.00_
BUDGETED: Yes X No —
COST TO COUNTY: 0 SOURCE OF FUNDS: Sheriff's Budget
REVENUE PRODUCING: Yes_ No Xt MOUNT PER MONTH Year
APPROVED BY: County Atty _ _ _ /PurchasRisk Management
J
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 11 /06
The premiums for the bonds required by this ordinance are declared to be a
public purpose payable out of County funds.
Section 2. If any section, subsection, sentence, clause or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 5. This ordinance shall take effect when a certified copy of this ordinance
has been accepted by the postal authorities of the United States for special delivery by
registered mail to the Secretary of State of the State of Florida in accordance with the
provisions of Florida Statute 125.66(3).
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 13th day of December, 2000.
Mayor George Neugent
Commissioner Charles McCoy
Comm issionerM u rray Nelson
Wm miss ionerDixie Spehar
missioner Nora Williams
L.KOLHAGE, Clerk
jdordboccbond$
yes
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Cha
APPROVED AS TO FORM
A GA# �i4 �'.'
R08ER %it
DATE
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 3305D
TEL (305) 289-6027
FAX (305) 289-1745
arinp 1. RoCbage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
5W %WrEHEAD STREET
KEY WEST, FLORIDA 33040
TEL (305) 292-M
FAX (305) 295-3660
January 8, 2001
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
Enclosed please find a certified copy of the following Ordinance:
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL (305) 852-7145
FAX (305) 852 7146
No. 055-2000 declaring that an emergency exists and waiving notice by a four-fifihs vote; providing
for the amounts of the bonds required of the Constitutional Officers and declaring that the premiums for such
bonds are a public purpose and may be paid for with County Funds; providing for severability; providing for
the -repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code
of Ordinances; and providing an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular
Meeting in formal session on December 13, 2000. Please file for record.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. ck
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Cc: Board of County Commissioners Sheriff
County Administrator w/o documents Tax Collector
County Attorney Property Appraiser
Supervisor of Elections Municipal Code
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information services �� '
Division of Licensing Lay eva
MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DMSION OF ELECTIONS
January 16, 2001
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hlllsborough County
Preservation Board
RINGLING MUSEUM OF ART
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated January 8, 2001 and certified copy of Monroe County
Ordinance No. 055-2000, which was filed in this office on January 12, 2001.
LC/mp
Sincerel ,
Liz CIoud, f
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building a 401 South Monroe Street • Tallahassee, Florida 32399-0250 9 (850) 488-8427
FAX: (850) 488-7869 0 WWW Address: http://WWW.dos.state.n.us 0 E-Mail: election@maitdos.statefl.us
v CHAPTER 98-34"
Senate Bill No. 222
An act relating to public officers and employees; amending ss. 18.01,
19.14, 20.23, F.S.; eliminating bond requirements for the Treasurer,
the Commissioner of Agriculture, and the comptroller of the Depart-
ment of Transportation; amending s. 20.05, F.S.; allowing the head
of an executive department to require bonds for officers or employees
of the department and to set the amount of the bond and approve the
bond; amending s. 20.32, F.S.; allowing the Parole Commission to
require bonds for employees, set the bond amount, and approve the
bonds; amending s. 27.255, F.S.; authorizing state attorneys to re-
quire bonds for full-time investigators and special investigators;
amending ss. 28.01, 28.02, 28.09, 30.01, 30.02, 30.06, 30.09, 30.21,
40.35, F.S.; requiring bonds and the filing of bonds with the clerk of
the circuit court as determined by the board of county commissioners
for the clerk of the circuit court, clerks ad interim, sheriffs, and
deputy sheriffs; providing requirements for bonds when sheriffs are
appointed to fill vacancies; clarifying the liability of sureties; amend-
ing ss. 48.021, 98.015, F.S.; eliminating bond requirements for spe-
cial process servers, and supervisors of elections; amending s.
113.07, F.S.; eliminating the requirement for public officials to file
a surety bond as a prequalification to holding office or performing
duties; amending s. 115.03, F.S., relating to elected officers' duties;
clarifying that any required bonds remain in effect for the remainder
of a term of office; allowing for the deputy to give a bond; amending
s. 137.01, F.S.; eliminating the bond requirements for county offi-
cers; allowing the board of county commissioners to require county
officers to give a bond, set the amount of the bond, and approve the
bond; requiring the filing of bonds with the clerk of the circuit court
instead of the Department of State; amending s. 137.02, F.S.; elimi-
nating the bond requirements for tax collectors; requiring bond as
determined by the board of county commissioners; eliminating the
requirement that the Department of State approve the bond; amend-
ing s. 137,03, F.S.; eliminating the bond requirement for property
appraisers; requiring bond as determined by the board of county
commissioners; amending s. 137.04, F.S.; eliminating the bond re-
quirement for county commissioners; requiring bond as determined
by the board; eliminating the requirement that the Department of
State approve the bond; amending s. 137.05, F.S., relating to the
examination requirements of bonds of county officers by the county
commissioners; removing the examination criteria for sureties„ re-
moving the required report of impaired bonds by the county commis-
sioners to the Governor; amending s. 240.268, F.S.; eliminating the
bond requirement for university police officers; allowing the univer-
sity to require a bond, set the amount of the bond, and approve the
bond; amending s. 240.38, F.S.; eliminating the bond requirement
for community college police officers; allowing the community col-
lege to require a bond, set the amount of the bond, and approve the
bond; amending s. 242.343, F.S.; eliminating the bond requirement
1
CODING: Words striken are deletions; words underlined are additions.
Ch. 98-34 LAWS OF FLORIDA Ch. 98-34
for campus police of the Florida School for the Deaf and the Blind;
allowing the board of trustees to require a bond, set the amount of
the bond, and approve the bond; amending ss. 250.10, 266.00001,
266.0013, F.S., and repealing s. 252.55(5), F.S.; eliminating bond
requirements for the state quartermaster appointed by the Adjutant
General, the Florida Wing commander of the Civil Air Patrol, and
members of the historic preservation board; authorizing the Depart-
ment of State to require and approve a bond for members of historic
preservation boards; amending s. 284.41, F.S.; eliminating the cov-
erage for trust funds by the public official bond of the Treasurer and
Insurance Commissioner; amending s. 320.03, F.S.; allowing the
Department of Highway Safety and Motor Vehicles to require a bond
of tax collectors; amending s. 372.04, F.S.; eliminating the require-
ment for the Director of the Game and Fresh Water Fish Commis-
sion to give a bond; allowing the Game and Fresh Water Fish Com-
mission to require a bond of employees, to determine the amount of
the bond, and to approve the bond; amending s. 388.131, F.S.; elimi-
nating the bond requirement for the board of commissioners of mos-
quito -control districts; allowing the Department of Agriculture and
Consumer Services to require a bond; amending s. 440.50, F.S.;
eliminating the requirement for the Treasurer and Insurance Com-
missioner to give a bond related to his or her duties as custodian of
the Workers' Compensation Administration Trust Fund; amending
s. 443.191, F.S.; eliminating the liability on the Treasurer's and
Insurance Commissioner's official bond for duties as custodian of the
Unemployment Compensation Trust Fund; amending s. 443.211,
F.S.; eliminating the liability on the Treasurer's and Insurance
Commissioner's official bond for duties in connection with the Em-
ployment Security Administration Trust Fund; amending s. 523.22,
F.S.; eliminating the requirement that the Legislature provide for
premiums for the bonds of all naval store inspectors; amending ss.
561.051, 570.073, 570.09, 570.11, 582.055, F.S.; eliminating bond
requirements for the director and employees of the Division of Alco-
holic Beverages and Tobacco of the Department of Business and
Professional Regulation and for certain employees of the Depart-
ment of Agriculture and Consumer Services; repealing s. 17.01, F.S.,
which requires the Comptroller to give a bond; repealing s. 17.19,
F.S., which requires the Comptroller to annually examine the bonds
of state officers and report insufficiency of bonds to the Governor;
requiring the Governor to require a new bond; holding the Comptrol-
ler liable to the state for any loss sustained due to failure to examine
the bonds; providing for recovery of loss by suit; repealing s. 113.05,
F.S., which prohibits the Governor from issuing commissions to per-
sons required by law to give bond until the execution, approval, and
filing of the bond; repealing s. 137.06, F.S., which provides that the
failure of a county officer to file a new bond is misfeasance, requires
the Governor to suspend the officer and appoint a successor, and
makes an officer impeachable for failure to give a new bond; repeal-
ing s. 137.07, F.S., which provides liability of the Comptroller and
county commissioners to the state and county for failure to perform
duties under s. 17.19, F.S., or s. 137.05, F.S.; repealing s. 213.04,
2
CODING: Words semen are deletions; words underlined are additions.
Ch. 98-34 LAWS OF FLORIDA Ch. 98-34
F.S., which requires the executive director of the Department of
Revenue to give a bond; repealing s. 229.501, F.S., which requires
the Commissioner of Education to give a bond; repealing s. 281.09,
F.S., which requires bonding for the officers and agents of the Divi-
sion of Capitol Police; repealing s. 321.08, F.S., which requires cer-
tain officers and employees of the Department of Highway Safety
and Motor Vehicles to give a bond; repealing s. 523.11, F.S., which
requires the supervising inspector of naval stores to give a bond;
providing applicability; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 18.01, Florida Statutes, is amended to read:
18.01 Bond of Treasurer. —The Treasurer shall, within 10 days before he
or she enters upon the duties of office, give -a bond to the state, in the sum
of $100,990, with aril/ solvent surety,,-irrl ior a„thorizzoto tr t such
husinpRR in this J J
ate and qualified for the posting of bends of pub- r. na- 1
Und-er 627 754, to beapprovedby theGeve-Ror, senditio-A-ea-d- th;lt *tee
T''caoai ci will =Qitl}fillexesute the duties of of-lci; and shall take and
subscribe an oath or affirmation faithfully to discharge the duties of offices;
which hnnd ;;nd oath or affirmation must shall be deposited with the Depart-
ment of State. The Treasurer shall also file; and after si jr-h hand shall have
been given, upon the filing ng with the Department of State of a certificate from
the Comptroller attesting; that the retiring Treasurer has turned over
vouchers for all payments made as required by law, and that the Treasurer's
account has been truly credited with the same, and that he or she has filed
receipts from his or her successor for all vouchers paid since the end of last
quarter, and for balance of cash, and for all bonds and other securities held
by the Treasurer as such, and a certificate from each board of which he or
she is made by law ex officio Treasurer, that he or she has satisfactorily
accounted to such board as its Treasurer_, the bard given by sur.h T-re surer
and thegiven
TTAasur-er's sureties shall he, di ..h., ...i and delied up n _L_/1
be ed-by the Comptroller Rh:41j be-deow' ,a t^o extend to t
Section 2. Section 19.14, Florida Statutes, is amended to read:
19.14 Bond and oath of office. —The Commissioner of Agriculture shall,
before he or she enters upon the duties of office, p�e bones with :dad
biuneEl !-ortake the
oath of office prescribed by the constitution of the state.
Section 3. Subsection (4) is added to section 20.05, Florida Statutes, to
read:
20.05 Heads of departments; powers and duties.-
3
CODING: Words stamen are deletions; words underlined are additions.
Ch. 98-34 LAWS OF FLORIDA Ch. 98-34
custoay or the otncer or employee at any one time The premiums for the
bonds must be paid out of the funds of the department
Section 4. Paragraph (i) of subsection (3) of section 20.23, Florida Stat-
utes, is amended to read:
20.23 Department of Transportation. —There is created a Department of
Transportation which shall be a decentralized agency.
(3)
(i)1. The secretary shall appoint a comptroller who is shall he responsible
to the Assistant Secretary for Finance and Administration. This position is
exempt from part II of chapter 110.
2. The comptroller is the chief financial officer of the department and
must shall be a proven, effective administrator who by a combination of
education and experience clearly possesses a broad knowledge of the admin-
istrative, financial, and technical aspects of a complex cost -accounting sys-
tem. The comptroller must also have a working knowledge of generally
accepted accounting principles. At a minimum, the comptroller must shall
hold an active license to practice public accounting in Florida pursuant to
chapter 473 or an active license to practice public accounting in any other
state. In addition to the requirements of the Florida Fiscal Accounting Man-
agement Information System Act, the comptroller is responsible for the
development, maintenance, and modification of an accounting system that
whkh will in a timely manner accurately reflect the revenues and expendi-
tures of the department and that includes a cost -
accounting system to properly identify, segregate, allocate, and report de-
partment costs. The comptroller shall supervise and direct preparation of a
detailed 36-month forecast of cash and expenditures and is shall be responsi-
ble for managing cash and determining cash requirements. The comptroller
shall review all comparative cost studies that which examine the cost-
effectiveness and feasibility of contracting for services and operations per-
formed by the department. The review must shall state that the study was
prepared in accordance with generally accepted cost -accounting standards
applied in a consistent manner using valid and accurate cost data.
3.4 The department shall by rule or internal management memoranda
as required by chapter 120 provide for the maintenance by the comptroller
of financial records and accounts of the department as will afford a full and
complete check against the improper payment of bills and provide a system
4
CODING: Words strziken are deletions; words underlined are additions.
Ch. 98-34 LAWS OF FLORIDA Ch. 98-34
for the prompt payment of the just obligations of the department, which
records must at all times disclose:
a. The several appropriations available for the use of the department;
b. The specific amounts of each such appropriation budgeted by the de-
partment for each improvement or purpose;
c. The apportionment or division of all such appropriations among the
several counties and districts, when such apportionment or division is made;
d. The amount or portion of each such apportionment against general
contractual and other liabilities then created;
e. The amount expended and still to be expended in connection with each
contractual and other obligation of the department;
f. The expense and operating costs of the various activities of the depart-
ment;
g. The receipts accruing to the department and the distribution thereof;
h. The assets, investments, and liabilities of the department; and
i. The cash requirements of the department for a 36-month period.
4.5 The comptroller shall maintain a separate account for each fund
administered by the department.
5.6-. The comptroller shall perform such other related duties as may be
designated by the department.
Section 5. Subsection (3) is added to section 20.32, Florida Statutes, to
read:
20.32 Parole Commission. —
a bond for the faithful performance of his or her duties. The commission m
determine the amount of the bond and must approve the bond In determin-
ing the amount of the bond, the commission may consider the amount of
commission.
Section 6. Subsection (4) of section 27.255, Florida Statutes, is amended
to read:
27.255 Investigators; authority to arrest, qualifications, rights, immuni-
ties, bond, and oath.—
(4) Any full-time investigator employed by the state attorney and any
special investigator appointed by the state attorney pursuant to the provi-
sions of s. 27.251 shall, before entering into the performance of duties, take
and file the oath as prescribed in s. 5, Art. II of the State Constitution. The
5
CODING: Words semen are deletions; words underlined are additions.
Ch. 98-34 LAWS OF FLORIDA Ch. 98-34
ant to the provisions of s Z7 251 to give a bond
as s„r^+., -her-eon, conditioned on the faithful performance of the investiga-
tor's duties and payable to the Govefner and- his a-P bw -
Section 7. Section 28.01, Florida Statutes, is amended to read:
28.01 Bond of circuit court clerks, small counties. —In each county of the
state, having a population of 150,000 or less according to the last state
census, the clerk of the circuit court shall, be fore beyrs c^-nm ssle ^d-, give
bond as required ' ,
than $5,000 to he fix by the board of county commissioners of the county;
commissioners,I Axe, state and his or her suGGessaFs in office, with
and to be filed with the clerk of the
circuit court and be Department 9f State,��^h c condi-
tioned upon the faithful discharge of the duties of office.
Section 8. Section 28.02, Florida Statutes, is amended to read:
28.02 Bond of circuit court clerks, large counties. —In each county of the
state; having a population in excess of 150,000 according to the last state
census, the clerk of the circuit court shall, before being ^nmmiss oned, give
bond as required "' a penalty wh;.•h shall not he 1 than $5 non nor M
than $00,9E19 to be-fficed by the board of county commissioners of the
cour]j�/ *+^_�,�+1+7e to time �'rn,er-nar of the of + ;anA Ik- }�
-✓ Y
eommissiqneFs, and to be filed with the clerk of the c%
court and be and -approved by the department of State, which laic i
shall he conditioned upon the faithful discharge of the duties of office.
Section 9. Section 28.09, Florida Statutes, is amended to read:
28.09 Clerk ad interim. —In the case of vacancy occurring in the office of
a clerk of the circuit court by death, resignation, or other cause, the judge
of that court shall appoint a clerk ad interim, who shall assume all the
responsibilities, perform all the duties= and receive the same compensation
for the time being as if he or she had been duly appointed to fill the office;
and the clerk shall give such bond and security for the faithful performance
of duties as required is-prescred by the board of county commissioners law.
Section 10. Section 30.01, Florida Statutes, is amended to read:
30.01 Bond of sheriffs; small counties. —In each county of the state, hav-
ing a population of 150,000 or less according to the last state census, the
sheriff shall h—fs=e }'e;r1s ^^mm�ce�^�^A� give bond as required in a penalty
which shall not he lnv th n 'Sinn nor more th @ i n non to b � a by the
crrrurr-rry s-v� S ri
board of county commissioners of the county��p=G�+n tl�e (`^�,ernnr ^f the
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CODING: Words stamen are deletions; words underlined are additions.
Ch. 98-34 LAWS OF FLORIDA Ch. 98-34
to be filed with and approved the clerk of the circuit court and be Depart -
tent of State, hiGh said bond shall be conditioned upon the faithful dis-
charge of the duties of his or her office. When a sheriff is appointed to fill
a vacancy, a bond may not be a prerequisite to succession in office: however,
if the county commission requires a bond for the office of sheriff the commis-
sion shall allow a period of 10 days after the effective date of the appoint-
ment in which the bond may be provided
Section 11. Section 30.02, Florida Statutes, is amended to read:
30.02 Bond of sheriffs; large counties. —In each county in the state, hav-
ing a population in excess of 150,000 according to the last state census, the
sheriff shall, before being Gemmiosiooncd give bond as required J_Rpena�y
by the board of county commissioners,
and to be filed with and approved by the clerk of the circuit court and be
Department of State, Thieh bend shallie conditioned upon the faithful
discharge of the duties of his or her office. When a sheriff is appointed to fill
sion shall allow a period of 10 days after the effective date of the appoint-
ment in which the bond may be provided
Section 12. Section 30.06, Florida Statutes, is amended to read:
30.06 Liability of sureties. —The sureties, if any, are shall be liable for
all fines and amercements imposed upon the principal, or sheriff.
Section 13. Section 30.09, Florida Statutes, is amended to read:
30.09 Qualification of deputies; special deputies.—
(1) BOND, SURETIES, PERFORMANCE OF SERVICES. —
(a) Each deputy sheriff who is; appointed , shall be required
to give bond as required by the board of county commissioners in
The
amount of the bond and the bond must be approved by the board of county
commissioners. The bond must be and filed with the clerk of the circuit court
and be, conditioned upon the faithful performance of the
duties of his or her office. A No deputy sheriff may not Sh-all be- _allol.ved to
perform any services as suEh deputy until he or she subscribes shall sub-
sr-r-ihe to the oath now prescribed for sheriffs
deput-y's-bs Sureties are sh; llbe liable for all fines and
amercements imposed upon their principal.
(b) The board of county commissioners of any county may Jr, witheriz
to accept a blanket surety bond issued by a solvent surety company author-
ized to do business in this state, conditioned upon the faithful performance
of the duties of the deputy sheriffs appointed by a sheriff, in a the penal sum
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CODING: Words strikers are deletions: words underlined are additions.