This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0497a.LAV
DATE: 1/13/2022
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 497 Lee County School District, Lee County
SPONSOR(S): Persons-Mulicka and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs
Subcommittee
16 Y, 0 N Mwakyanjala Miller
2) Early Learning & Elementary Education
Subcommittee
3) State Affairs Committee
SUMMARY ANALYSIS
The Florida Constitution provides that each school district must have a superintendent of schools, elected for a
four-year term or, if provided by resolution of the school district board or special act approved in a referendum,
appointed by the school board. The superintendent serves as the secretary and executive officer of the school
district, responsible for general oversight; making recommendations on policy, rules, and minimum standards;
and performing other duties assigned by law or rules of the State Board of Education.
The School Board of Lee County adopted a resolution to change the position of the Lee County
Superintendent of Schools from an elected position to an appointed one, and the resolution was approved by
the electorate at the November 5, 1974 general election.
The bill repeals the School Board of Lee County resolution providing for an appointed superintendent and
provides for an elected superintendent, subject to approval in a referendum to be conducted at the 2022
general election. The bill provides that the initial term of the elected superintendent will begin with the 2024
general election.
The Economic Impact Statement filed with the bill indicates that the bill is revenue neutral and the placement of
the question on the ballot is not anticipated to increase the costs that the supervisor of elections will incur in
conducting the 2022 general election. STORAGE NAME: h0497a.LAV PAGE: 2
DATE: 1/13/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHAN GES:
Present Situation
Superintendent of Schools
The Florida Constitution provides that each county constitutes a school district
1
and each school district
must have a superintendent of schools.
2
The superintendent may be elected for a four-year term or, if
provided by resolution of the school district board or special act approved in a referendum, selected by
the school board.
3
The election of a superintendent may only occur at a general election in years that
are multiples of four.
4
The term of the superintendent begins on the second Tuesday following the
general election in which the superintendent is elected.
5
If a resolution or special act providing for the selection of the superintendent by the district school board
is approved by the voters, the resolution or special act may not be rescinded or repealed by either
method for four years.
6
After that four-year period, the resolution or special act may be rescinded or
repealed either by a subsequent resolution of the school board, or subsequent special act, approved by
the voters.
7
Of Florida’s 67 school districts,
8
27 districts have a board appointed superintendent and 40 have an
elected superintendent.
9
The superintendent serves as the secretary and executive officer of the school district.
10
The
superintendent possesses general powers to:
Provide general oversight of the school district;
Advise and counsel the school board on all education matters and make recommendations on
the board’s course of action;
Make policy recommendations to the school board;
Make recommendations on rules to the school board to supplement those adopted by the State
Board of Education (SBE) and ensure the execution of the rules adopted;
Make recommendations on minimum standards and ensure adopted standards of the school
board and SBE are executed; and
Perform other duties assigned by law or rules of the SBE.
11
The superintendent is also responsible for:
Presiding at the organizational meeting for the district school board and submitting required
documentation to the Department of Education;
Attending the school board’s regular meetings and calling special meetings in event of an
emergency;
Maintaining the official records of the school district, including an inventory of district property;
1
Art. IX, s. 4, Fla. Const.
2
Art. IX, s. 5, Fla. Const.
3
Id.
4
Art. IX, s. 5, Fla. Const. and s. 100.041(1), F.S.
5
S. 100.041(3)(a), F.S.
6
Id.
7
Art. IX, s. 5, Fla. Const.
8
Each county constitutes a school district. Art. IX, s. 4(a), Fla. Const.
9
Florida Association of District School Superintendents, About Superintendents, https://fadss.org/membership/superintendents (last
visited March 2, 2021).
10
S. 1001.48, F.S.
11
S. 1001.49, F.S. STORAGE NAME: h0497a.LAV PAGE: 3
DATE: 1/13/2022
Preparing a planned school program for the school district that incorporates data, sponsor
studies, and surveys;
Recommending the establishment, organization, and operation of schools, classes, and
services to provide educational opportunities for all children in the district;
Managing school district personnel, including recommending the revocation of teaching
certificates for good cause;
Making recommendations concerning textbooks and other instructional aids, including
distributing and accounting for such material;
Providing student transportation;
The educational facilities of the district;
Managing the finances of the school district;
Maintaining records and submitting required reports;
Cooperating with federal, state, county, or municipal agencies; and
School improvement and accountability.
12
The superintendent must be a resident of the school district.
13
The minimum salary of the
superintendent is set by a statutory formula based on county population, but may be set at a higher rate
by a majority vote of the school board.
14
School Board of Lee County
The School Board of Lee County (School Board) consists of seven members each of whom are
constitutional officers elected by the citizens of Lee County. Five members are elected by voters in
single member districts, with two members elected at large by a countywide vote. Each member
elected from a single member district must reside in that district throughout the duration of the term of
office.
15
In 1974, the School Board adopted a resolution to change the position of the Lee County
Superintendent of Schools (Superintendent) from an elected position to an appointed one, and
submitted the resolution to the Board of County Commissioners for placement before the voters at the
November 1974 general election.
16
The resolution was approved by the electorate at the November 5,
1974 election.
The School Board is required to evaluate the performance of the Superintendent on terms agreed to in
the employment contract. The evaluation rates the Superintendent’s performance in each of the
Board’s essential categories.
17
Effect of the Bill
The bill repeals the School Board of Lee County resolution providing for an appointed superintendent
and bill provides for an elected superintendent, subject to approval by the qualified electors in a
referendum to be conducted at the 2022 general election. If approved by the qualified electors, the
initial term of the elected superintendent will begin with the 2024 general election.
The referendum election must be conducted by the Supervisor of Elections of Lee County in
accordance with the Florida Election Code.
12
S. 1001.51, F.S.
13
S. 1001.463, F.S.
14
S. 1001.47, F.S.
15
The School Board of Lee County Board Policies, section 1.02, available at
https://www.leeschools.net/common/pages/DisplayFile.aspx?itemId=1493176 (last visited December 20, 2021).
16
School Board of Lee County resolution dated June 12, 1974, on file with the Local Administration & Veterans Affairs
Subcommittee. See also Lee County Board of County Commissioners Minutes of Meeting August 28, 1974, on file with the Local
Administration & Veterans Affairs Subcommittee.
17
The School Board of Lee County Board Policies, section 1.16, available at
https://www.leeschools.net/common/pages/DisplayFile.aspx?itemId=1493204 (last visited December 20, 2021),
https://go.boarddocs.com/fl/hern/Board.nsf/Public?open&id=welcome# (last visited March 5, 2021). STORAGE NAME: h0497a.LAV PAGE: 4
DATE: 1/13/2022
The Economic Impact Statement filed with the bill indicates that the bill is revenue neutral and the
placement of the question on the ballot is not anticipated to increase the costs that the supervisor of
elections will incur in conducting the 2022 general election.
B. SECTION DIRECTORY:
Section 1. Provides legislative findings.
Section 2. Repeals the School Board of Lee County resolution which provides for an appointed
superintendent of schools and instead requires the superintendent be elected.
Section 3. Provides for a referendum on November 8, 2022.
Section 4. Provides that the bill takes effect upon its approval by a majority vote of the qualified
electors of Lee County voting in a referendum conducted in accordance with the
provisions of law relating to elections currently in force, except section 3 and section 4
shall take effect upon becoming law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [] No [X]
IF YES, WHEN? Not applicable.
WHERE? Not applicable.
B. REFERENDUM(S) REQUIRED? Yes [X] No []
IF YES, WHEN? November 8, 2022.
C. LOCAL BILL CERTIFICATION FILED? Yes [X] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill neither authorizes nor requires administrative rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.