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