HB 411, Engrossed 1 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to residency of local elected 2
officials; amending s. 124.01, F.S.; prohibiting 3
changes to county commissioner district boundaries 4
during a specified timeframe; prohibiting the 5
consideration of the residential addresses of certain 6
persons during the district -drawing process for boards 7
of county commissioners; providing construction; 8
creating s. 166.0321, F.S.; requiring municipalities 9
to fix the boundaries of their districts in a certain 10
manner; prohibiting changes to municipal district 11
boundaries during a specified timeframe; prohibiting 12
the consideration of the residential addresses of 13
certain persons during the district -drawing process; 14
providing construction; amending s. 1001.36, F.S.; 15
prohibiting changes to district school board member 16
residence area boundaries during a specified 17
timeframe; prohibiting the consideration of the 18
residential addresses of certain persons during the 19
residence-area-drawing process for district school 20
boards; providing construction; amending s. 1001.361, 21
F.S.; providing that an elected candidate for district 22
school board must reside in the district school board 23
member residence area by the date she or he a ssumes 24
office instead of upon qualifying for office; making 25
HB 411, Engrossed 1 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
technical changes; providing an effective date. 26
27
Be It Enacted by the Legislature of the State of Florida: 28
29
Section 1. Subsection (3) of section 124.01, Florida 30
Statutes, is amended to rea d: 31
124.01 Division of counties into districts; county 32
commissioners.— 33
(3) The board of county commissioners shall , from time to 34
time, fix the boundaries of the county commissioners' above 35
districts so as to keep them as nearly equal in proportion to 36
population as practicable, possible; provided, that changes made 37
in the boundaries of county commissioner districts pursuant to 38
this section may not shall be made only in the 270 days before a 39
regular general election for the board of county commissioners 40
odd-numbered years. Districts may not be drawn with the intent 41
to favor or disfavor a candidate for county commission or an 42
incumbent county commissioner based on the candidate's or 43
incumbent's residential address. Any ordinance enacted or 44
adopted by a county on or after July 1, 2023, which is in 45
conflict with this subsection is void. 46
Section 2. Section 166.0321, Florida Statutes, is created 47
to read: 48
166.0321 Division of municipalities into districts. —Each 49
municipality shall, from time to time, fix the boundaries of its 50
HB 411, Engrossed 1 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
districts so as to keep them as nearly equal in proportion to 51
their respective populations as practicable, provided that such 52
changes may not be made in the 270 days before a regular general 53
election for the governing body of the municipa lity. Districts 54
may not be drawn with the intent to favor or disfavor a 55
candidate for member of the governing body or an incumbent 56
member of the governing body based on the candidate's or 57
incumbent's residential address. Any ordinance enacted or 58
adopted by a municipality on or after July 1, 2023, which is in 59
conflict with this section is void. 60
Section 3. Subsection (2) of section 1001.36, Florida 61
Statutes, is amended to read: 62
1001.36 District school board member residence areas. — 63
(2) A Any district school board may make any change that 64
it deems necessary in the boundaries of any district school 65
board member residence area at any meeting of the district 66
school board, provided that such changes are not shall be made 67
only in the 270 days before a genera l election odd-numbered 68
years and that no change that would affect the residence 69
qualifications of any incumbent member disqualifies shall 70
disqualify such incumbent member during the term for which he or 71
she is elected. Residence areas may not be drawn wit h the intent 72
to favor or disfavor a candidate for district school board 73
member or an incumbent district school board member based on the 74
candidate's or incumbent's residential address. Any resolution 75
HB 411, Engrossed 1 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
adopted by a district school board on or after July 1, 2 023, 76
which is in conflict with this subsection is void. 77
Section 4. Section 1001.361, Florida Statutes, is amended 78
to read: 79
1001.361 Election of board by districtwide vote. —80
Notwithstanding any provision of local law or any county 81
charter, the election of members of the district school board 82
must shall be by vote of the qualified electors of the entire 83
district in a nonpartisan election as provided in chapter 105. 84
Each elected candidate for district school board member must 85
shall, by the date at the time she or he assumes office 86
qualifies, be a resident of the district school board member 87
residence area from which she or he was elected the candidate 88
seeks election. Each candidate who qualifies to have her or his 89
name placed on the ballot must shall be listed according to the 90
district school board member residence area in which she or he 91
is a candidate resides. Each qualified elector of the district 92
is shall be entitled to vote for one candidate from each 93
district school board member residence area. The candidate from 94
each district school board member residence area who receives 95
the highest number of votes in the general election shall be 96
elected to the district school board. 97
Section 5. This act shall take effect July 1, 2023. 98