Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. CS for SB 438
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/27/2024 .
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The Committee on Rules (Ingoglia) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 124.012, Florida Statutes, is created
6 to read:
7 124.012 Term limits of county commissioners.—
8 (1) The following counties shall hold a referendum election
9 that coincides with the 2024 general election to determine
10 whether the term limits imposed by this section shall apply to
11 their county commissioners:
12 (a) Each noncharter county;
13 (b) Each charter county whose charter does not impose term
14 limits on county commissioners as of July 1, 2024; and
15 (c) Each charter county whose charter, as of July 1, 2024,
16 imposes term limits longer than 8 consecutive years.
17 (2) Notwithstanding the prohibition in subsection (4), a
18 county whose voters rejected the referendum required by
19 subsection (1) may subsequently hold a referendum election to
20 determine whether the county shall adopt term limits of 8
21 consecutive years. Such referendum election must be conducted by
22 the supervisor of elections for each county in accordance with
23 the Florida Election Code.
24 (3) Beginning November 3, 2026, except as provided in s.
25 124.011, Florida Statutes, relating to single-member districts
26 after decennial redistricting, the term limits in this section
27 apply to county commissioners in each county whose voters
28 approved the referendum required by subsection (1). In such
29 county, a person may not appear on the ballot for reelection to
30 the office of county commissioner if, by the end of his or her
31 current term of office, the person will have served or, but for
32 resignation, would have served in that office for 8 consecutive
33 years. A person who has served in the office of county
34 commissioner for 8 consecutive years may not qualify for a
35 different district seat of the county commission or an at-large
36 county commission seat of that county with a term of office
37 beginning less than 2 years after his or her 8 consecutive years
38 in office have ended.
39 (4) Except as provided in this section, an initiative or a
40 referendum process regarding term limits of county commissioners
41 is prohibited.
42 (5) The prohibition against use of public funds by local
43 governments specified in s. 106.113, Florida Statutes, applies
44 to a referendum conducted pursuant to this section.
45 Section 2. Referendum election.—
46 (1) Each noncharter county; each charter county whose
47 charter does not impose term limits on county commissioners as
48 of July 1, 2024; and each charter county whose charter, as of
49 July 1, 2024, imposes term limits longer than 8 consecutive
50 years on county commissioners shall hold a referendum election
51 on November 5, 2024.
52 (2) The ballot title for the referendum must be in
53 substantially the following form:
54
55 COUNTY COMMISSIONER TERM LIMITS
56
57 (3)(a) For the noncharter counties and the counties whose
58 charters do not impose term limits on county commissioners as of
59 July 1, 2024, the referendum question must be in substantially
60 the following form:
61
62 Should county commissioners be prohibited from
63 serving longer than 8 consecutive years?
64
65 (__) Yes.
66 (__) No.
67
68 (b) For the counties whose charters impose term limits
69 longer than 8 consecutive years on county commissioner as of
70 July 1, 2024, the referendum question must be in substantially
71 the following form:
72
73 Currently, the ...(county name)... County charter
74 prohibits commissioners from serving longer than 12
75 consecutive years. Should the county reduce the term
76 limit for county commissioners to 8 consecutive years?
77
78 (__) Yes.
79 (__) No.
80
81 (4) The referendum election must be conducted by the
82 supervisor of elections for each county in accordance with the
83 Florida Election Code.
84 Section 3. As of July 1, 2024, if a county has a charter
85 that limits county commissioners to serving no more than 12
86 consecutive years and the voters of that county approve the
87 referendum required by s. 124.012, Florida Statutes:
88 (1) Any person serving in a term of office as county
89 commissioner on November 5, 2024, or elected to that office on
90 November 5, 2024, is not subject to the term limits imposed by
91 s. 124.012, Florida Statutes, until such time as he or she
92 leaves office. However, such person is bound by the term limits
93 set by the charter in effect as of July 1, 2024, including the
94 amount of years already served toward such limits, as calculated
95 under the charter, and such person is subject to the 2-year
96 prohibition established by s. 124.012, Florida Statutes.
97 (2) Any person who is not serving in a term of office as a
98 county commissioner on November 5, 2024, and who is elected to
99 such office after November 5, 2024, is subject to the term
100 limits established by s. 124.012, Florida Statutes.
101 Section 4. This act shall take effect July 1, 2024.
102
103 ================= T I T L E A M E N D M E N T ================
104 And the title is amended as follows:
105 Delete everything before the enacting clause
106 and insert:
107 A bill to be entitled
108 An act relating to term limits; requiring specified
109 counties to hold a certain referendum election on a
110 specified date; authorizing certain counties to
111 subsequently hold an additional referendum election
112 under specified circumstances; requiring that such
113 referendum be conducted in accordance with the Florida
114 Election Code; providing that term limits apply in
115 certain counties beginning on a specified date;
116 establishing term limits for county commissioners;
117 prohibiting specified persons from seeking certain
118 offices until after a specified timeframe; prohibiting
119 initiatives or referendum processes regarding term
120 limits which are not specifically provided for by the
121 act; providing that a certain prohibition against the
122 use of public funds by local governments applies to
123 the referendum required by this act; requiring
124 specified counties to hold a referendum election on a
125 specified date; providing the form for the ballot
126 title and referendum questions; requiring that the
127 referendum be conducted in accordance with the Florida
128 Election Code; providing applicability; providing an
129 effective date.