Florida Senate - 2025 SB 1456
By Senator Collins
14-00674B-25 20251456__
1 A bill to be entitled
2 An act relating to elections of county commissioners,
3 district school board members, and district school
4 superintendents; amending s. 124.01, F.S.; requiring
5 county commissioners to be nominated and elected by
6 qualified electors who reside in the same county
7 commission district as the commissioner; requiring
8 membership of a board of county commissioners to be
9 based on certain population criteria for each county;
10 authorizing a board of county commissioners to have
11 more commissioners and districts than prescribed;
12 requiring commissioners to be elected at a specified
13 time and terms to be staggered; providing
14 applicability; repealing s. 124.011, F.S., relating to
15 an alternate procedure for the election of county
16 commissioners to provide for single-member
17 representation; amending s. 100.041, F.S.; conforming
18 a provision to changes made by the act; amending s.
19 1001.34, F.S.; revising the membership of district
20 school boards; requiring membership to be based on
21 certain population criteria for each county;
22 authorizing a district school board, within a
23 specified time, to adopt a resolution to increase its
24 membership; repealing s. 1001.36, F.S., relating to
25 district school board member residence areas; amending
26 s. 1001.361, F.S.; requiring members of the district
27 school board to be elected by the qualified electors
28 who reside in the same school district as the member;
29 repealing s. 1001.362, F.S., relating to an alternate
30 procedure for the election of district school board
31 members to provide for single-member representation;
32 amending s. 1001.46, F.S.; revising provisions
33 relating to the election and term of office for
34 district school superintendents; repealing s.
35 1001.461, F.S., relating to procedures for making the
36 office of district school superintendent an appointive
37 office; amending ss. 1001.38, 1001.50, and 1011.10,
38 F.S.; conforming provisions to changes made by the
39 act; amending s. 1002.32, F.S.; conforming cross
40 references; providing a contingent effective date.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Section 124.01, Florida Statutes, is amended to
45 read:
46 124.01 Election of Division of counties into districts;
47 county commissioners to provide for single-member
48 representation; applicability.—
49 (1) There shall be five county commissioners’ districts in
50 each county, which shall be numbered one to five, inclusive, and
51 shall be as nearly equal in proportion to population as
52 possible.
53 (2) There shall be one county commissioner for each of such
54 county commissioners’ districts, who shall be nominated and
55 elected by the qualified electors who reside in the same county
56 commission district as the commissioner of the county, as
57 provided by s. 1(e), Art. VIII of the State Constitution. The
58 membership of a board of county commissioners shall be based on
59 the population of each county, according to the last state
60 census, as follows:
61 (a) In each county having a population of 2.5 million or
62 more: 13 members.
63 (b) In each county having a population of 1.25 million or
64 more but less than 2.5 million: 9 members.
65 (c) In each county having a population of 750,000 or more
66 but less than 1.25 million: 7 members.
67 (d) In each county having a population of less than
68 750,000: 5 members.
69
70 However, a board of county commissioners may have more
71 commissioners and districts than those prescribed based on
72 population.
73 (2) At the general election immediately following
74 redistricting directed by s. 1(e), Art. VIII of the State
75 Constitution, each commissioner must be elected and terms
76 thereafter shall be staggered as provided in s. 100.041.
77 (3)(a) The board of county commissioners shall, from time
78 to time, fix the boundaries of the county commissioners’
79 districts so as to keep them as nearly equal in proportion to
80 population as practicable, provided that changes made in the
81 boundaries of county commissioner districts pursuant to this
82 section may not be made in the 270 days before a regular general
83 election for the board of county commissioners.
84 (b) Districts may not be drawn with the intent to favor or
85 disfavor a candidate for county commission or an incumbent
86 county commissioner based on the candidate’s or incumbent’s
87 residential address.
88 (c) Any ordinance enacted or adopted by a county on or
89 after July 1, 2025 2023, which is in conflict with this
90 subsection is void.
91 (4)(5) Except as otherwise provided in subsection (5), this
92 section applies to all counties in this state, including charter
93 counties shall not apply to Miami-Dade County.
94 (5) This section does not apply to a county that has a
95 system of local government under which the mayor serves as the
96 chair of the board of county commissioners and is the executive
97 head of the county. In such counties, the mayor shall be elected
98 at large.
99 Section 2. Section 124.011, Florida Statutes, is repealed.
100 Section 3. Paragraph (a) of subsection (2) of section
101 100.041, Florida Statutes, is amended to read:
102 100.041 Officers chosen at general election.—
103 (2)(a) Except as provided in s. 124.011 relating to single
104 member districts after decennial redistricting, Each county
105 commissioner from an odd-numbered district shall be elected at
106 the general election in each year the number of which is a
107 multiple of 4, for a 4-year term commencing on the second
108 Tuesday following such election, and each county commissioner
109 from an even-numbered district shall be elected at the general
110 election in each even-numbered year the number of which is not a
111 multiple of 4, for a 4-year term commencing on the second
112 Tuesday following such election. A county commissioner is
113 “elected” for purposes of this paragraph on the date that the
114 county canvassing board certifies the results of the election
115 pursuant to s. 102.151.
116 Section 4. Section 1001.34, Florida Statutes, is amended to
117 read:
118 1001.34 Membership of district school board.—
119 (1)(a) Each district school board shall be composed of not
120 less than five members. The membership of a district school
121 board shall be based on the population of each county, according
122 to the last state census, as follows:
123 1. In each county having a population of 2.5 million or
124 more: 13 members.
125 2. In each county having a population of 1.25 million or
126 more but less than 2.5 million: 9 members.
127 3. In each county having a population of 750,000 or more
128 but less than 1.25 million: 7 members.
129 4. In each county having a population of less than 750,000:
130 5 members.
131
132 However, a district school board may have more members and
133 districts than those prescribed based on population.
134 (b) Each member of the district school board shall be a
135 qualified elector of the school district in which she or he
136 serves, shall be a resident of the school district school board
137 member residence area from which she or he is elected, and shall
138 maintain said residency throughout her or his term of office.
139 (2)(a) A district school board may modify the number of
140 members on its board by adopting a resolution that establishes
141 the total number of members on the board, which may not be less
142 than five, and the number of members who shall be elected by
143 districts residence areas or elected at large. The resolution
144 must specify an orderly method and procedure for modifying the
145 membership of the board, including staggering terms of
146 additional members as necessary. If the resolution is adopted,
147 the district school board shall submit to the electors for
148 approval at a referendum held at the next primary or general
149 election the question of whether the number of board members
150 should be modified in accordance with the resolution adopted by
151 the district school board. If the referendum is approved,
152 election of additional school board members may occur at any
153 primary, general, or otherwise-called special election.
154 (b) By July 1, 2027, a district school board may adopt a
155 resolution to increase its membership pursuant to this section.
156 The district school board shall submit to the electors for
157 approval at a referendum held at the next primary or general
158 election the question of whether the number of board members
159 should be increased in accordance with the resolution adopted by
160 the district school board. If the referendum is approved,
161 election of additional school board members may occur at the
162 next primary, general, or otherwise-called special election.
163 Section 5. Section 1001.36, Florida Statutes, is repealed.
164 Section 6. Section 1001.361, Florida Statutes, is amended
165 to read:
166 1001.361 Election of district school board members to
167 provide for single-member representation by districtwide vote.
168 Notwithstanding any provision of local law, or any county
169 charter, the election of members of the district school board
170 shall be elected by must be by vote of the qualified electors
171 who reside in the same school district as the member of the
172 entire district in a nonpartisan election as provided in chapter
173 105. Each elected candidate for district school board member
174 must, by the date she or he assumes office, be a resident of the
175 school district school board member residence area from which
176 she or he was elected. Each candidate who qualifies to have her
177 or his name placed on the ballot must be listed according to the
178 school district school board member residence area in which she
179 or he is a candidate. Each qualified elector of the district is
180 entitled to vote for one candidate from each district school
181 board member residence area. The candidate from each school
182 district school board member residence area who receives the
183 highest number of votes in the general election shall be elected
184 to the district school board.
185 Section 7. Section 1001.362, Florida Statutes, is repealed.
186 Section 8. Section 1001.46, Florida Statutes, is amended to
187 read:
188 1001.46 District school superintendent; election and term
189 of office.—The district school superintendent shall be elected
190 for a term of 4 years or until the election or appointment and
191 qualification of his or her successor.
192 Section 9. Section 1001.461, Florida Statutes, is repealed.
193 Section 10. Section 1001.38, Florida Statutes, is amended
194 to read:
195 1001.38 Vacancies; how filled.—The office of any district
196 school board member shall be vacant when the member removes his
197 or her residence from the school district school board member
198 residence area from which he or she was elected. All vacancies
199 on the district school board shall be filled by appointment by
200 the Governor.
201 Section 11. Subsection (2) of section 1001.50, Florida
202 Statutes, is amended to read:
203 1001.50 Superintendents employed under Art. IX of the State
204 Constitution.—
205 (2) Each district school board shall enter into an
206 employment contract with the district school superintendent and
207 shall adopt rules relating to his or her appointment; however,
208 if the employment contract contains a provision for severance
209 pay, it must include the provisions required by s. 215.425.
210 Section 12. Subsection (3) of section 1011.10, Florida
211 Statutes, is amended to read:
212 1011.10 Penalty.—
213 (3) If any of the conditions identified in s. 218.503(1)
214 exist within a school district, the salary of each district
215 school board member and district superintendent, calculated
216 pursuant to ss. 1001.395 and 1001.47, shall be withheld until
217 the conditions are corrected. This subsection does not apply to
218 a district school board member or district superintendent
219 elected or appointed within 1 year after the identification of
220 the conditions in s. 218.503(1) if he or she did not participate
221 in the approval or preparation of the final school district
222 budget adopted before the identification of such conditions.
223 Section 13. Paragraph (a) of subsection (10) of section
224 1002.32, Florida Statutes, is amended to read:
225 1002.32 Developmental research (laboratory) schools.—
226 (10) EXCEPTIONS TO LAW.—To encourage innovative practices
227 and facilitate the mission of the lab schools, in addition to
228 the exceptions to law specified in s. 1001.23(1), the following
229 exceptions shall be permitted for lab schools:
230 (a) The methods and requirements of the following statutes
231 shall be held in abeyance: ss. 316.75; 1001.30; 1001.31;
232 1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362;
233 1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39;
234 1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46;
235 1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
236 1001.49; 1001.50; 1001.51; 1006.12(2); 1006.21(3), (4); 1006.23;
237 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43; 1010.44;
238 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50; 1010.51;
239 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3), (5);
240 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71; 1011.72;
241 1011.73; and 1011.74.
242 Section 14. This act shall take effect on the effective
243 date of the amendment to the State Constitution proposed by SJR
244 1454, or a similar joint resolution having substantially the
245 same specific intent and purpose, if such amendment to the State
246 Constitution is approved at the next general election or at an
247 earlier special election specifically authorized by law for that
248 purpose.