This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1493d.SAC
DATE: 2/17/2022
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: CS/HB 1493 Alachua County
SPONSOR(S): Local Administration & Veterans Affairs Subcommittee, Clemons
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs
Subcommittee
17 Y, 0 N, As
CS
Darden Miller
2) Public Integrity & Elections Committee 15 Y, 0 N Roy Rubottom
3) State Affairs Committee Darden Williamson
SUMMARY ANALYSIS
The Florida Constitution requires each county commission to divide the county into districts of contiguous
territory with as equal population as practicable following each decennial census. One commissioner residing
in each district is elected as provided by law. Each county commission consists of five or seven members
serving staggered terms of four years, unless otherwise provided by a county charter.
The Alachua County Board of County Commissioners is a five-member body, divided into districts, with one
commissioner elected from each district by the qualified electors of the entire county.
The bill amends the Alachua County Home Rule Charter to require members of the county commission to be
elected by the qualified electors of the district they represent. The charter amendment is subject to approval by
the electors of Alachua County voting in a referendum to be held on November 8, 2022, the 2022 general
election.
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DATE: 2/17/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
The Florida Constitution requires each county commission to divide the county into districts of
contiguous territory with as equal population as practicable following each decennial census.
1
One
commissioner residing in each district is elected as provided by law. Each county commission consists
of five or seven members serving staggered terms of four years, unless otherwise provided by a county
charter.
The default county election system requires the county commission to draw five districts nearly equal in
population as possible, with one commissioner elected from each district by the qualified electors of the
entire county.
2
County commissioners are responsible for making periodic boundary adjustments to
ensure district populations are nearly equal as possible, but these changes may only be made during
odd-numbered years.
3
This system is used by 41 of the state’s 67 counties, including Alachua County.
4
Alternatively, county commissioners may be elected from single-member districts, subject to voter
approval at a referendum.
5
A referendum to convert to single-member districts may be called by the
county commission or electors of the county may petition to have the proposition placed on the ballot
by gathering the signatures of at least 10 percent of the qualified electors of the county.
6
The
referendum may convert the county commission to a five-member body, with all members elected in
districts, or a seven-member body with five members elected in districts and two members elected at-
large by the qualified electors of the entire county.
7
Commissioners are elected to four-year terms
which are staggered so that approximately half of the commissioners elected from districts and, if
applicable, one of the commissioners elected at-large from the entire county, are elected every two
years.
8
The conversion to single-member districts does not impact the term of current officeholders.
9
Charter counties have all powers of local self-government not inconsistent with general law, or with
special law approved by vote of the electors.
10
Alachua County adopted its Home Rule Charter in
1986.
11
The charter assigns legislative powers to a five-member elected county commission and
executive powers to a county manager appointed by the commission.
12
Amendments to the charter
may be proposed by a petition signed by at least 10 percent of the number of electors qualified to vote
in the county as a whole in the preceding general election.
13
Effect of Proposed Changes
The bill amends the Alachua County Home Rule Charter to require members of the county commission
to be elected by the qualified electors of the district they represent. The charter amendment is subject
to approval by the electors of Alachua County voting in a referendum to be held on November 8, 2022,
the 2022 general election. The bill specifies the wording of the referendum question on the ballot.
B. SECTION DIRECTORY:
1
Art. VIII, s. 1, Fla. Const.
2
S. 124.01(1)-(2), F.S.
3
S. 124.01(3), F.S.
4
Fla. Ass’n of Counties, County Redistricting, https://www.fl-counties.com/county-districting (last visited Jan. 14, 2022).
5
S. 124.011, F.S.
6
S. 124.011(3), F.S.
7
S. 124.011(1), F.S.
8
S. 124.011(2), F.S.
9
S. 124.011(11), F.S.
10
Art. VIII, s. 1, Fla. Const.
11
See Alachua Cnty., Fla. Ordinance 86-20.
12
Alachua Cnty., Fla. Charter art. 2.
13
Alachua Cnty., Fla. Charter art. 4, s. 4.2(A)(1). STORAGE NAME: h1493d.SAC PAGE: 3
DATE: 2/17/2022
Section 1: Amending the Alachua County Home Rule Charter to require members of the county
commission to be elected by the qualified electors of the district they represent.
Section 2: Providing for a referendum election, ballot title, and ballot question.
Section 3: Providing that the bill takes effect upon its approval by a majority vote of the qualified
electors of Alachua County voting in a referendum, except that this section and section 2
shall take effect upon becoming a law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [x] No []
IF YES, WHEN? December 1, 2021
WHERE? The Gainesville Sun, a daily newspaper of general circulation published in
Alachua County, Florida.
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
On February 2, 2022, the Local Administration & Veterans Affairs Subcommittee adopted a strike-all
amendment and reported the bill favorably as a committee substitute. The amendment would maintain the
current size of the Alachua County Board of County Commissioners, but require each member to be
elected by the qualified electors of the district they represent. The amendment also corrects a scrivener's
error in the bill as filed.
This analysis is drafted to the committee substitute adopted by the Local Administration & Veterans
Affairs Subcommittee.