The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Ethics and Elections
BILL: SJR 244
INTRODUCER: Senator Gruters
SUBJECT: Partisan Elections for Members of District School Boards
DATE: November 29, 2021
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Rey Roberts EE Pre-meeting
2. ED
3. RC
I. Summary:
SJR 244 proposes an amendment to the state constitution to require members of a district school
board to be elected in a partisan race. If SJR 244 is adopted, members of district boards may not
be elected on a partisan basis until the general election held in November 2024. Primary
elections for purposes of nominating political party candidates to district school boards may
occur before the 2024 general election.
The bill requires three-fifths vote of the membership of each house of the Legislature for
passage.
1
If adopted by 60 percent of the electors voting on the measure at the 2022 general election, the
amendment will go into effect upon approval by the electors.
II. Present Situation:
District School Boards
Unless otherwise voted upon by electors, each county shall constitute a school district.
2
In
Florida, there are 67 school districts to match the 67 counties in the state.
3
Each school district
shall have a school board composed of five or more members.
4
The school boards operate,
control, and supervise all free public schools within the school district and determine the rate of
1
FLA. CONST. art. XI, s.1 (2021).
2
FLA. CONST. art. IX, s. 4(a) (2021); s. 1001.30, F.S. Two or more contiguous counties, upon vote of the electors of each
county pursuant to law, may be combined into one school district.
3
Florida Department of Education, available at https://web03.fldoe.org/Schools/schoolmap_text.asp (last accessed Oct. 28,
2021).
4
Id.
REVISED: BILL: SJR 244 Page 2
school district taxes within constitutional limits.
5
The powers and duties of the district school
board are further set forth in law.
6
Election of School Board Members
School board members are chosen by vote of qualified electors in non-partisan elections and
serve in appropriately staggered terms of four years, as provided by law.
7
For election purposes, a school district is divided into at least five district school board member
residence areas.
8
For districts with more than five school board members, the district can be
divided into five district school board member residence areas, with the remaining district school
board members serving at large, or the district can be divided into district school board member
residence areas for each member.
9
A candidate for a district school board shall be a resident of
the district board member residence area from which the candidate seeks election at the time he
or she qualifies.
10
Members of the district school board can be elected by either district-wide election or a single-
member district election.
11
In a district-wide election, all qualified electors in the district shall be
entitled to vote for one candidate from each district school board member residence area.
12
In
school districts with single-member representation, candidates for the school board shall be
elected only by qualified electors who reside in the same residence area as the candidate.
13
Candidates for school board shall qualify to run for office with the supervisor of elections in their
respective district.
14
If two or more candidates, neither of whom is a write-in candidate, qualify,
their names shall appear on the ballot at the primary election.
15
Their names shall appear with no
reference to political party affiliation.
16
If none of the candidates receive a majority of the votes
cast for school board, the names of the two candidates receiving the highest number votes shall
be placed on the general election ballot with no reference to political party affiliation.
17
5
FLA. CONST. art. IX, s. 4(b) (2021).
6
Sections 1001.41 and 1001.42, F.S.
7
Section 1001.35, F.S. (2021), FLA. CONST. art. IX, s. 4(a) (2021), was amended as part of a larger election reform package
offered by the 1997-98 Constitution Revision Commission. Prior to the amendment, school board members were elected in
partisan races. William A. Buzzett and Deborah K. Kearney, Annotation, FLA. CONST. art. IX, s. 4, West’s Florida Statutes
Annotated, Florida Constitution – 1968 Revision (2020).
8
Section 1001.36(1), F.S.
9
Section 1001.36(1)(a), F.S.
10
Sections 1001.361 and 1001.362(2)(b)1.-2., F.S.
11
In 43 school districts, school members are elected by a district-wide vote of electors. In 21 school districts, school board
members are elected by a vote of the electors within their residence area (single member district election). In 4 school
districts, some school board members are elected by a vote of the electors within their residence area and others are elected
by a district wide vote. Florida School Board Association, 2018-2019 Florida School Board Fast Facts, (2019), available at
https://fsba.org/wp-content/uploads/2019/08/2018-2019-School-Board-Fast-Facts.pdf (Last accessed Oct. 28, 2021)
12
Section 1001.361, F.S.
13
Section 1001.362(2)(b), F.S.
14
Section 105.031(1), F.S.
15
Section 105.051(1)(b), F.S.
16
Section 105.041(3), F.S.
17
Section 105.051(1)(b), F.S. BILL: SJR 244 Page 3
A school board member’s term begins on the second Tuesday following the general election in
which the school board member is elected.
18
III. Effect of Proposed Changes:
SJR 244 requires a candidate for school board to be elected in a partisan race. At the time of
qualifying, a partisan candidate for school board would be required to file a written statement
identifying the political party of which they are a member.
19
They must also state they have been
a member of the political party for 365 days before the beginning of qualifying preceding the
general election for which they seek to qualify and they have paid any assessment levied against
them by the executive committee of their political party.
20
A school board candidate with no
party affiliation must state they have not been a registered member of any political party for
365 day before the beginning of the qualifying preceding the general election for which the
person seeks to qualify.
21
In a primary election with a partisan race, qualified electors will be entitled to vote for school
board candidates of the political party designated in the elector’s registration, and no other.
22
If
all candidates in a partisan race for school board have the same party affiliation and the winner
will have no opposition in the general election, all qualified electors, regardless of party
affiliation, may vote in the primary election for that office.
23
On a general election ballot, the appropriate three-letter abbreviation of a political party or no
party affiliation (NPA) in capital letters will be included for each school board candidate.
24
If SJR 244 is adopted, members of district boards may not be elected on a partisan basis until the
general election held in November 2024. Primary elections for purposes of nominating political
party candidates to district school boards may occur before the 2024 general election. The
amendment will go into effect upon approval of the electors.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. Bills that affect state or local elections are exempt from article VII,
section 18 of the Florida Constitution.
B. Public Records/Open Meetings Issues:
None.
18
Id.
19
Section 99.021(1)(b), F.S.
20
Id.
21
Section 99.021(1)(c), F.S.
22
Section 101.021, F.S.
23
FLA. CONST. art. VI, s. 5(b) (2021).
24
Fla. Admin. Code R. 1S-2.032(9)(c) (2021). BILL: SJR 244 Page 4
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Article XI, section 5(d) of the Florida Constitution requires proposed amendments or
constitutional revisions to be published in a newspaper of general circulation in each
county where a newspaper is published. The amendment must be published once in the
tenth week and again in the sixth week immediately preceding the week the election is
held. The Division of Elections within the Department of State is also required to provide
each supervisor of elections with either booklets or posters displaying to full text of each
proposed amendment.
25
The cost to advertise the amendment and procure booklets would
be paid from non-recurring General Revenue funds. The Division has not completed an
agency analysis for this bill or for the identical House Bill. The fiscal impact of this
requirement is indeterminate.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill amends article IX, section 4 and article XII of the Florida Constitution.
25
Section 101.171, F.S. BILL: SJR 244 Page 5
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.