Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 438
       
       
       
       
       
       
                                Ì145540|Î145540                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/27/2024           .                                
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       The Committee on Rules (Ingoglia) recommended the following:
       
    1         Senate Substitute for Amendment (547206) (with title
    2  amendment)
    3  
    4         Delete lines 18 - 66
    5  and insert:
    6         (1) Beginning November 3, 2026, except as provided in this
    7  section and in s. 124.011, relating to single-member districts
    8  after decennial redistricting, a person may not appear on the
    9  ballot for reelection to the office of county commissioner if,
   10  by the end of his or her current term of office, the person will
   11  have served, or but for resignation would have served, in that
   12  office for 8 consecutive years. A person who has served in the
   13  office of county commissioner for 8 consecutive years may not
   14  qualify for a different district seat of the county commission
   15  or an at-large county commission seat of that county with a term
   16  of office beginning less than 2 years after his or her 8
   17  consecutive years in office have ended.
   18         (2)(a)The term limits imposed by this section apply to:
   19         1.Noncharter counties whose population, as of July 1,
   20  2024, exceeds 25,000 persons, and service of a term of office
   21  which commenced before November 3, 2026, may not be counted
   22  toward the limitation imposed by this section.
   23         2.Charter counties whose charter does not impose term
   24  limits on county commissioners as of November 3, 2026. In such
   25  counties, service of a term of office which commenced before
   26  November 3, 2026, may not be counted toward the limitation
   27  imposed by this section.
   28         3.Charter counties whose charter, as of July 1, 2024,
   29  imposed term limits longer than the term limits imposed by this
   30  section and whose voters approved a reduction to such term
   31  limits in a referendum held pursuant to subsection (3).
   32         (b)Beginning November 7, 2028, the term limits imposed by
   33  this section apply to counties whose population, as of July 1,
   34  2024, do not exceed 25,000 persons. Service of a term of office
   35  which commenced before November 7, 2028, may not be counted
   36  toward the limitation imposed by this section.
   37         (c)The term limits imposed by this section do not apply
   38  to:
   39         1.Charter counties whose charter imposes term limits that
   40  are equal to or more restrictive than the term limits imposed by
   41  this section. This section does not authorize a person subject
   42  to such term limits to immediately serve an additional 8
   43  consecutive years.
   44         2.Charter counties whose charter, as of July 1, 2024,
   45  imposes term limits longer than the term limits imposed by this
   46  section and whose voters rejected such term limits in a
   47  referendum held pursuant to subsection (3).
   48         (3)A county whose charter, as of July 1, 2024, expressly
   49  provides that county commissioners may serve longer than the
   50  limits imposed by this section shall hold a referendum election
   51  that coincides with the 2024 general election to determine
   52  whether the limits imposed by this section shall apply to such
   53  county.
   54         (4)Except as provided in this section, an initiative or
   55  referendum process regarding term limits of county commissioners
   56  is prohibited.
   57         Section 2. Referendum election.—
   58         (1)A charter county whose charter authorizes county
   59  commissioners to serve for a period longer than 8 consecutive
   60  years shall hold a referendum election on November 5, 2024.
   61         (2)The ballot title for the referendum must be in
   62  substantially the following form:
   63  
   64                   COUNTY COMMISSIONER TERM LIMITS                 
   65  
   66         (3)The referendum question must be in substantially the
   67  following form:
   68  
   69         Currently, the ...(county name)... County charter
   70         prohibits commissioners from serving longer than 12
   71         consecutive years. Should the county reduce the term
   72         limit for county commissioners to 8 consecutive years?
   73  
   74         (__) Yes.
   75         (__) No.
   76  
   77         (4)The referendum election must be conducted by the
   78  supervisor of elections for each applicable county in accordance
   79  with the Florida Election Code.
   80         Section 3. (1)If a county approves the referendum required
   81  by s. 124.012, Florida Statutes, a county commissioner who is
   82  seeking his or her third term of office in such county and who
   83  is reelected at the same general election as the referendum may
   84  complete his or her third term of office as authorized by such
   85  county’s charter.
   86         (2)If a county approves the referendum required by s.
   87  124.012, Florida Statutes, a commissioner of such county who has
   88  served one or more terms under a preexisting county charter is
   89  limited to the number of terms he or she has served as specified
   90  by the county charter, as of November 5, 2024, and may not serve
   91  another 8 consecutive years in addition to any years he or she
   92  has served, unless the intervening period occurs as required in
   93  s. 124.012(1), Florida Statutes.
   94  
   95  ================= T I T L E  A M E N D M E N T ================
   96  And the title is amended as follows:
   97         Delete lines 4 - 10
   98  and insert:
   99         commissioners, beginning on a specified date;
  100         prohibiting specified persons from seeking certain
  101         offices until after a specified timeframe; providing
  102         applicability; requiring certain counties to hold a
  103         referendum election on a specified date; prohibiting
  104         initiatives or referendum processes regarding term
  105         limits which are not specifically provided for by the
  106         act; providing for the form for the ballot title and
  107         referendum question; providing construction; providing
  108         an