Florida Senate - 2025                                    SB 1218
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-01479A-25                                          20251218__
    1                        A bill to be entitled                      
    2         An act relating to county administrators; amending s.
    3         100.041, F.S.; requiring that a county administrator
    4         be elected at certain general elections for a
    5         specified term of office in certain counties; amending
    6         s. 101.151, F.S.; requiring the inclusion of a
    7         specified office title on the ballot; amending ss.
    8         125.73 and 125.84, F.S.; conforming provisions to
    9         changes made by the act; creating s. 125.96, F.S.;
   10         requiring that a county administrator be an elected
   11         official under certain circumstances; requiring the
   12         Office of Economic and Demographic Research to certify
   13         the population of each county to specified persons in
   14         certain years; requiring the election or appointment
   15         of a county administrator based upon the certified
   16         county population; requiring that a vacancy in the
   17         office of county administrator be filled in a certain
   18         manner; requiring candidates for county administrator
   19         to qualify for office and conduct their campaigns in a
   20         certain manner; superseding certain county charter
   21         provisions; requiring the Office of Economic and
   22         Demographic Research to provide initial certifications
   23         of county population by a specified date; requiring
   24         that the first election of a county administrator
   25         occur in certain counties at a specified election, for
   26         a specified term of office; providing an effective
   27         date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Present subsection (4) of section 100.041,
   32  Florida Statutes, is redesignated as subsection (5),
   33  respectively, and a new subsection (4) is added to that section,
   34  to read:
   35         100.041 Officers chosen at general election.—
   36         (4) In each county in which the county administrator is an
   37  elected official pursuant to s. 125.96, the county administrator
   38  shall be chosen by the qualified electors for a 4-year term at
   39  the general election in each year the number of which is a
   40  multiple of 4. The term of office shall begin on the first
   41  Tuesday after the first Monday in January after the election.
   42         Section 2. Paragraph (a) of subsection (2) of section
   43  101.151, Florida Statutes, is amended to read:
   44         101.151 Specifications for ballots.—
   45         (2)(a) The ballot must include the following office titles
   46  above the names of the candidates for the respective offices in
   47  the following order:
   48         1. The office titles of President and Vice President above
   49  the names of the candidates for President and Vice President of
   50  the United States nominated by the political party that received
   51  the highest vote for Governor in the last general election of
   52  the Governor in this state, followed by the names of other
   53  candidates for President and Vice President of the United States
   54  who have been properly nominated.
   55         2. The office titles of United States Senator and
   56  Representative in Congress.
   57         3. The office titles of Governor and Lieutenant Governor;
   58  Attorney General; Chief Financial Officer; Commissioner of
   59  Agriculture; State Attorney, with the applicable judicial
   60  circuit; and Public Defender, with the applicable judicial
   61  circuit.
   62         4. The office titles of State Senator and State
   63  Representative, with the applicable district for the office
   64  printed beneath.
   65         5. The office titles of Clerk of the Circuit Court or, when
   66  the Clerk of the Circuit Court also serves as the County
   67  Comptroller, Clerk of the Circuit Court and Comptroller, when
   68  authorized by law; Clerk of the County Court, when authorized by
   69  law; Sheriff; Property Appraiser; Tax Collector; District
   70  Superintendent of Schools; and Supervisor of Elections.
   71         6. The office titles of Board of County Commissioners, with
   72  the applicable district printed beneath each office, and such
   73  other county and district offices as are involved in the
   74  election, in the order fixed by the Department of State.
   75         7. The office title of County Administrator, if applicable.
   76         8. , followed, In the year of their election, by “Party
   77  Offices,” and thereunder the offices of state and county party
   78  executive committee members.
   79         Section 3. Subsection (1) of section 125.73, Florida
   80  Statutes, is amended to read:
   81         125.73 County administrator; appointment, qualifications,
   82  compensation.—
   83         (1) Except as provided in s. 125.96, each county to which
   84  this part applies shall appoint a county administrator, who
   85  shall be the administrative head of the county and shall be
   86  responsible for the administration of all departments of the
   87  county government which the board of county commissioners has
   88  authority to control pursuant to this act, the general laws of
   89  Florida, or other applicable legislation.
   90         Section 4. Subsection (3) of section 125.84, Florida
   91  Statutes, is amended to read:
   92         125.84 County charters; optional forms.—Any county desiring
   93  to adopt a county charter shall provide for one of the following
   94  optional forms of government:
   95         (3) COUNTY CHAIR-ADMINISTRATOR PLAN.—The county chair
   96  administrator plan shall provide for governance by an elected
   97  board of commissioners, presided over by an elected chair who
   98  shall vote only in case of tie, and an appointed county
   99  administrator, except in a county subject to s. 125.96, and such
  100  other officers as may be duly elected or appointed pursuant to
  101  the charter. An appointed The county administrator shall be
  102  appointed by, and serve at the pleasure of, the chair. The chair
  103  shall exercise, in conjunction with the administrator, the
  104  executive responsibilities assigned by the charter.
  105         Section 5. Section 125.96, Florida Statutes, is created to
  106  read:
  107         125.96 Election of county administrator in certain
  108  counties.—
  109         (1) In each county operating under a form of government
  110  that requires a county administrator and notwithstanding any law
  111  to the contrary, the county administrator must be an elected
  112  official if the county population exceeds 750,000. The term of
  113  office shall be 4 years. The county administrator is not
  114  required to be a resident of the county at the time of election,
  115  but during his or her tenure in office must reside within the
  116  county.
  117         (2) For the purposes of this section, the population of
  118  each county must be certified to the governing body of the
  119  county, the supervisor of elections, and the Secretary of State
  120  by the Office of Economic and Demographic Research in the year
  121  before each year the number of which is a multiple of 4.
  122         (3) Upon county receipt of certification of a county
  123  population that exceeds 750,000, a county administrator must be
  124  elected in the next general election. If a county with an
  125  elected county administrator receives certification of a county
  126  population of 750,000 or less, a county administrator must be
  127  appointed in the manner provided by law upon the expiration of
  128  the term of office of the elected county administrator.
  129         (4) Any vacancy that occurs in the office of an elected
  130  county administrator must be filled for the remainder of the
  131  unexpired term by appointment of the governing body of the
  132  county until a successor may be elected at the next general
  133  election for the remainder of the unexpired term or, if the next
  134  general election occurs in a year the number of which is a
  135  multiple of 4, for a new term of office.
  136         (5) Each candidate for county administrator must qualify as
  137  prescribed in chapter 99.
  138         (6) Each candidate for county administrator who collects or
  139  expends campaign contributions shall conduct her or his campaign
  140  in accordance with chapter 106.
  141         (7) This section supersedes any provision of a county
  142  charter that conflicts with this section.
  143         Section 6. By January 1, 2026, the Office of Economic and
  144  Demographic Research shall provide to the governing body of each
  145  county and the respective supervisor of elections and the
  146  Secretary of State initial certifications of county population.
  147  In any county in which the certified population is in excess of
  148  750,000, a county administrator shall first be elected at the
  149  2026 general election for a term of office to begin on January
  150  5, 2027, and run until January 2, 2029. The office of county
  151  administrator shall thereafter be filled in each county in
  152  accordance with this act.
  153         Section 7. This act shall take effect July 1, 2025.