Florida Senate - 2024 CS for CS for SB 438
By the Committees on Rules; and Community Affairs; and Senator
Ingoglia
595-03782-24 2024438c2
1 A bill to be entitled
2 An act relating to term limits; requiring specified
3 counties to hold a certain referendum election on a
4 specified date; authorizing certain counties to hold
5 additional referendum elections that coincide with any
6 future general election under specified circumstances;
7 requiring that such referendum be conducted in
8 accordance with the Florida Election Code; providing
9 that term limits apply in certain counties beginning
10 on a specified date; establishing term limits for
11 county commissioners; prohibiting specified persons
12 from seeking certain offices until after a specified
13 timeframe; providing construction; prohibiting
14 initiatives or referendum processes regarding term
15 limits which are not specifically provided for by the
16 act; providing that a certain prohibition against the
17 use of public funds by local governments applies to
18 the referendum required by this act; requiring
19 specified counties to hold a referendum election on a
20 specified date; providing the form for the ballot
21 title and referendum questions; requiring that the
22 referendum be conducted in accordance with the Florida
23 Election Code; providing applicability; providing an
24 effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 124.012, Florida Statutes, is created
29 to read:
30 124.012 Term limits of county commissioners.—
31 (1) The following counties shall hold a referendum election
32 that coincides with the 2024 general election to determine
33 whether the term limits imposed by this section shall apply to
34 their county commissioners:
35 (a) Each noncharter county;
36 (b) Each charter county whose charter does not impose term
37 limits on county commissioners as of July 1, 2024; and
38 (c) Each charter county whose charter, as of July 1, 2024,
39 imposes term limits longer than 8 consecutive years.
40 (2) Notwithstanding the prohibition in subsection (4), a
41 county whose voters rejected the referendum required by
42 subsection (1) may hold a referendum election that coincides
43 with any future general election to determine whether the county
44 shall adopt term limits of 8 consecutive years. Such referendum
45 election must be conducted by the supervisor of elections for
46 each county in accordance with the Florida Election Code.
47 (3) Beginning November 3, 2026, except as provided in s.
48 124.011 relating to single-member districts after decennial
49 redistricting, the term limits in this section apply to county
50 commissioners in each county whose voters approved the
51 referendum required by subsection (1). In such county, a person
52 may not appear on the ballot for reelection to the office of
53 county commissioner if, by the end of his or her current term of
54 office, the person will have served or, but for resignation,
55 would have served in that office for 8 consecutive years. A
56 person who has served in the office of county commissioner for 8
57 consecutive years may not qualify for a different district seat
58 of the county commission or an at-large county commission seat
59 of that county with a term of office beginning less than 2 years
60 after his or her 8 consecutive years in office have ended.
61 Service of a term of office commenced before November 3, 2026,
62 may not be counted toward the limitation imposed by this
63 section.
64 (4) Except as provided in this section, an initiative or a
65 referendum process regarding term limits of county commissioners
66 is prohibited.
67 (5) The prohibition against use of public funds by local
68 governments specified in s. 106.113 applies to a referendum
69 conducted pursuant to this section.
70 Section 2. Referendum election.—
71 (1) Each noncharter county; each charter county whose
72 charter does not impose term limits on county commissioners as
73 of July 1, 2024; and each charter county whose charter, as of
74 July 1, 2024, imposes term limits longer than 8 consecutive
75 years on county commissioners shall hold a referendum election
76 on November 5, 2024.
77 (2) The ballot title for the referendum must be in
78 substantially the following form:
79
80 COUNTY COMMISSIONER TERM LIMITS
81
82 (3)(a) For the noncharter counties and the counties whose
83 charters do not impose term limits on county commissioners as of
84 July 1, 2024, the referendum question must be in substantially
85 the following form:
86
87 Should county commissioners be prohibited from
88 serving longer than 8 consecutive years?
89
90 (__) Yes.
91 (__) No.
92
93 (b) For the counties whose charters impose term limits
94 longer than 8 consecutive years on county commissioner as of
95 July 1, 2024, the referendum question must be in substantially
96 the following form:
97
98 Currently, the ...(county name)... County charter
99 prohibits commissioners from serving longer than 12
100 consecutive years. Should the county reduce the term
101 limit for county commissioners to 8 consecutive years?
102
103 (__) Yes.
104 (__) No.
105
106 (4) The referendum election must be conducted by the
107 supervisor of elections for each county in accordance with the
108 Florida Election Code.
109 Section 3. As of July 1, 2024, if a county has a charter
110 that limits county commissioners to serving no more than 12
111 consecutive years and the voters of that county approve the
112 referendum required by s. 124.012, Florida Statutes:
113 (1) Any person serving in a term of office as county
114 commissioner on November 5, 2024, or elected to that office on
115 November 5, 2024, is not subject to the term limits imposed by
116 s. 124.012, Florida Statutes, until such time as he or she
117 leaves office. However, such person is bound by the term limits
118 set by the charter in effect as of July 1, 2024, including the
119 number of years already served toward such limits, as calculated
120 under the charter, and such person is subject to the 2-year
121 prohibition established by s. 124.012, Florida Statutes.
122 (2) Any person who is not serving in a term of office as a
123 county commissioner on November 5, 2024, and who is elected to
124 such office after November 5, 2024, is subject to the term
125 limits established by s. 124.012, Florida Statutes.
126 Section 4. This act shall take effect July 1, 2024.