Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. CS for SB 438 Ì145540|Î145540 LEGISLATIVE ACTION Senate . House Comm: FAV . 02/27/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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