Florida Senate - 2025                                    SJR 802
       
       
        
       By Senator Ingoglia
       
       
       
       
       
       11-01272B-25                                           2025802__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing amendments to Section 1
    3         of Article VIII and Section 4 of Article IX of the
    4         State Constitution to provide term limits for members
    5         of boards of county commissioners and district school
    6         boards.
    7          
    8  Be It Resolved by the Legislature of the State of Florida:
    9  
   10         That the following amendments to Section 1 of Article VIII
   11  and Section 4 of Article IX of the State Constitution are agreed
   12  to and shall be submitted to the electors of this state for
   13  approval or rejection at the next general election or at an
   14  earlier special election specifically authorized by law for that
   15  purpose:
   16                            ARTICLE VIII                           
   17                          LOCAL GOVERNMENT                         
   18         SECTION 1. Counties.—
   19         (a) POLITICAL SUBDIVISIONS. The state shall be divided by
   20  law into political subdivisions called counties. Counties may be
   21  created, abolished or changed by law, with provision for payment
   22  or apportionment of the public debt.
   23         (b) COUNTY FUNDS. The care, custody and method of
   24  disbursing county funds shall be provided by general law.
   25         (c) GOVERNMENT. Pursuant to general or special law, a
   26  county government may be established by charter which shall be
   27  adopted, amended or repealed only upon vote of the electors of
   28  the county in a special election called for that purpose.
   29         (d) COUNTY OFFICERS. There shall be elected by the
   30  electors of each county, for terms of four years, a sheriff, a
   31  tax collector, a property appraiser, a supervisor of elections,
   32  and a clerk of the circuit court. Unless otherwise provided by
   33  special law approved by vote of the electors or pursuant to
   34  Article V, section 16, the clerk of the circuit court shall be
   35  ex officio clerk of the board of county commissioners, auditor,
   36  recorder and custodian of all county funds. Notwithstanding
   37  subsection 6(e) of this article, a county charter may not
   38  abolish the office of a sheriff, a tax collector, a property
   39  appraiser, a supervisor of elections, or a clerk of the circuit
   40  court; transfer the duties of those officers to another officer
   41  or office; change the length of the four-year term of office; or
   42  establish any manner of selection other than by election by the
   43  electors of the county.
   44         (e) COMMISSIONERS. Except when otherwise provided by
   45  county charter, the governing body of each county shall be a
   46  board of county commissioners composed of five or seven members
   47  serving staggered terms of four years. After each decennial
   48  census the board of county commissioners shall divide the county
   49  into districts of contiguous territory as nearly equal in
   50  population as practicable. One commissioner residing in each
   51  district shall be elected as provided by law. Except as provided
   52  in general law relating to single-member districts after
   53  decennial redistricting, a person may not appear on the ballot
   54  for re-election as a member of a board of county commissioners
   55  if, by the end of his or her current term of office, such person
   56  will have served, or, but for resignation, would have served, as
   57  a member of the board for eight years. Service in a term of
   58  office which commences on or before November 3, 2026, does not
   59  count toward the limitation imposed by this subsection.
   60         (f) NON-CHARTER GOVERNMENT. Counties not operating under
   61  county charters shall have such power of self-government as is
   62  provided by general or special law. The board of county
   63  commissioners of a county not operating under a charter may
   64  enact, in a manner prescribed by general law, county ordinances
   65  not inconsistent with general or special law, but an ordinance
   66  in conflict with a municipal ordinance shall not be effective
   67  within the municipality to the extent of such conflict.
   68         (g) CHARTER GOVERNMENT. Counties operating under county
   69  charters shall have all powers of local self-government not
   70  inconsistent with general law, or with special law approved by
   71  vote of the electors. The governing body of a county operating
   72  under a charter may enact county ordinances not inconsistent
   73  with general law. The charter shall provide which shall prevail
   74  in the event of conflict between county and municipal
   75  ordinances.
   76         (h) TAXES; LIMITATION. Property situate within
   77  municipalities shall not be subject to taxation for services
   78  rendered by the county exclusively for the benefit of the
   79  property or residents in unincorporated areas.
   80         (i) COUNTY ORDINANCES. Each county ordinance shall be
   81  filed with the custodian of state records and shall become
   82  effective at such time thereafter as is provided by general law.
   83         (j) VIOLATION OF ORDINANCES. Persons violating county
   84  ordinances shall be prosecuted and punished as provided by law.
   85         (k) COUNTY SEAT. In every county there shall be a county
   86  seat at which shall be located the principal offices and
   87  permanent records of all county officers. The county seat may
   88  not be moved except as provided by general law. Branch offices
   89  for the conduct of county business may be established elsewhere
   90  in the county by resolution of the governing body of the county
   91  in the manner prescribed by law. No instrument shall be deemed
   92  recorded until filed at the county seat, or a branch office
   93  designated by the governing body of the county for the recording
   94  of instruments, according to law.
   95                             ARTICLE IX                            
   96                              EDUCATION                            
   97         SECTION 4. School districts; school boards.—
   98         (a) Each county shall constitute a school district;
   99  provided, two or more contiguous counties, upon vote of the
  100  electors of each county pursuant to law, may be combined into
  101  one school district. In each school district there shall be a
  102  school board composed of five or more members chosen by vote of
  103  the electors in a nonpartisan election for appropriately
  104  staggered terms of four years, as provided by law. A person may
  105  not appear on the ballot for re-election to the office of school
  106  board member, if by the end of the current term of office, that
  107  person will have served, or, but for resignation, would have
  108  served, as a member of the school board for eight years. Service
  109  of a term of office which commenced before November 8, 2022,
  110  does not count toward the limitation imposed by this subsection.
  111         (b) The school board shall operate, control and supervise
  112  all free public schools within the school district and determine
  113  the rate of school district taxes within the limits prescribed
  114  herein. Two or more school districts may operate and finance
  115  joint educational programs.
  116         BE IT FURTHER RESOLVED that the following statement be
  117  placed on the ballot:
  118                      CONSTITUTIONAL AMENDMENT                     
  119                       ARTICLE VIII, SECTION 1                     
  120                        ARTICLE IX, SECTION 4                      
  121         TERM LIMITS FOR MEMBERS OF COUNTY COMMISSIONS AND DISTRICT
  122  SCHOOL BOARDS.—This amendment to the State Constitution provides
  123  that a person is limited to serving eight years as a member of a
  124  county commission and applies to terms of office that commence
  125  after November 3, 2026. This amendment also provides that a
  126  person is limited to serving eight years as a member of a
  127  district school board and applies to terms that began after
  128  November 8, 2022, as provided by general law.