Florida 2023 Regular Session

Florida House Bill H0411 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	~~ENROLLED~~
3		-	HB 411, Engrossed 1 2023 ~~Legislature~~
	2	+
	3	+	HB 411, Engrossed 1 2023
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7	7		CODING: Words stricken are deletions; words underlined are additions.
8		-	hb0411-~~02-er~~
	8	+	hb0411-01-e1
9	9		Page 1 of 4
10	10		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
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14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to residency of local elected 2
16	16		officials; amending s. 124.01, F.S.; prohibiting 3
17	17		changes to county commissioner district boundaries 4
18	18		during a specified timeframe; prohibiting the 5
19	19		consideration of the residential addresses of certain 6
20	20		persons during the district -drawing process for boards 7
21	21		of county commissioners; providing construction; 8
22	22		creating s. 166.0321, F.S.; requiring municipalities 9
23	23		to fix the boundaries of their districts in a certain 10
24	24		manner; prohibiting changes to municipal district 11
25	25		boundaries during a specified timeframe; prohibiting 12
26	26		the consideration of the residential addresses of 13
27	27		certain persons during the district -drawing process; 14
28	28		providing construction; amending s. 1001.36, F.S.; 15
29	29		prohibiting changes to district school board member 16
30	30		residence area boundaries during a specified 17
31	31		timeframe; prohibiting the consideration of the 18
32	32		residential addresses of certain persons during the 19
33	33		residence-area-drawing process for district school 20
34	34		boards; providing construction; amending s. 1001.361, 21
35	35		F.S.; providing that an elected candidate for district 22
36	36		school board must reside in the district school board 23
37	37		member residence area by the date she or he a ssumes 24
38	38		office instead of upon qualifying for office; making 25
39		-	~~ENROLLED~~
40		-	HB 411, Engrossed 1 2023 ~~Legislature~~
	39	+
	40	+	HB 411, Engrossed 1 2023
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43	43
44	44		CODING: Words stricken are deletions; words underlined are additions.
45		-	hb0411-~~02-er~~
	45	+	hb0411-01-e1
46	46		Page 2 of 4
47	47		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
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51	51		technical changes; providing an effective date. 26
52	52		27
53	53		Be It Enacted by the Legislature of the State of Florida: 28
54	54		29
55	55		Section 1. Subsection (3) of section 124.01, Florida 30
56	56		Statutes, is amended to rea d: 31
57	57		124.01 Division of counties into districts; county 32
58	58		commissioners.— 33
59	59		(3) The board of county commissioners shall , from time to 34
60	60		time, fix the boundaries of the county commissioners' above 35
61	61		districts so as to keep them as nearly equal in proportion to 36
62	62		population as practicable, possible; provided, that changes made 37
63	63		in the boundaries of county commissioner districts pursuant to 38
64	64		this section may not shall be made only in the 270 days before a 39
65	65		regular general election for the board of county commissioners 40
66	66		odd-numbered years. Districts may not be drawn with the intent 41
67	67		to favor or disfavor a candidate for county commission or an 42
68	68		incumbent county commissioner based on the candidate's or 43
69	69		incumbent's residential address. Any ordinance enacted or 44
70	70		adopted by a county on or after July 1, 2023, which is in 45
71	71		conflict with this subsection is void. 46
72	72		Section 2. Section 166.0321, Florida Statutes, is created 47
73	73		to read: 48
74	74		166.0321 Division of municipalities into districts. —Each 49
75	75		municipality shall, from time to time, fix the boundaries of its 50
76		-	~~ENROLLED~~
77		-	HB 411, Engrossed 1 2023 ~~Legislature~~
	76	+
	77	+	HB 411, Engrossed 1 2023
78	78
79	79
80	80
81	81		CODING: Words stricken are deletions; words underlined are additions.
82		-	hb0411-~~02-er~~
	82	+	hb0411-01-e1
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84	84		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
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88	88		districts so as to keep them as nearly equal in proportion to 51
89	89		their respective populations as practicable, provided that such 52
90	90		changes may not be made in the 270 days before a regular general 53
91	91		election for the governing body of the municipa lity. Districts 54
92	92		may not be drawn with the intent to favor or disfavor a 55
93	93		candidate for member of the governing body or an incumbent 56
94	94		member of the governing body based on the candidate's or 57
95	95		incumbent's residential address. Any ordinance enacted or 58
96	96		adopted by a municipality on or after July 1, 2023, which is in 59
97	97		conflict with this section is void. 60
98	98		Section 3. Subsection (2) of section 1001.36, Florida 61
99	99		Statutes, is amended to read: 62
100	100		1001.36 District school board member residence areas. — 63
101	101		(2) A Any district school board may make any change that 64
102	102		it deems necessary in the boundaries of any district school 65
103	103		board member residence area at any meeting of the district 66
104	104		school board, provided that such changes are not shall be made 67
105	105		only in the 270 days before a genera l election odd-numbered 68
106	106		years and that no change that would affect the residence 69
107	107		qualifications of any incumbent member disqualifies shall 70
108	108		disqualify such incumbent member during the term for which he or 71
109	109		she is elected. Residence areas may not be drawn wit h the intent 72
110	110		to favor or disfavor a candidate for district school board 73
111	111		member or an incumbent district school board member based on the 74
112	112		candidate's or incumbent's residential address. Any resolution 75
113		-	~~ENROLLED~~
114		-	HB 411, Engrossed 1 2023 ~~Legislature~~
	113	+
	114	+	HB 411, Engrossed 1 2023
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118	118		CODING: Words stricken are deletions; words underlined are additions.
119		-	hb0411-~~02-er~~
	119	+	hb0411-01-e1
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121	121		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
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125	125		adopted by a district school board on or after July 1, 2 023, 76
126	126		which is in conflict with this subsection is void. 77
127	127		Section 4. Section 1001.361, Florida Statutes, is amended 78
128	128		to read: 79
129	129		1001.361 Election of board by districtwide vote. —80
130	130		Notwithstanding any provision of local law or any county 81
131	131		charter, the election of members of the district school board 82
132	132		must shall be by vote of the qualified electors of the entire 83
133	133		district in a nonpartisan election as provided in chapter 105. 84
134	134		Each elected candidate for district school board member must 85
135	135		shall, by the date at the time she or he assumes office 86
136	136		qualifies, be a resident of the district school board member 87
137	137		residence area from which she or he was elected the candidate 88
138	138		seeks election. Each candidate who qualifies to have her or his 89
139	139		name placed on the ballot must shall be listed according to the 90
140	140		district school board member residence area in which she or he 91
141	141		is a candidate resides. Each qualified elector of the district 92
142	142		is shall be entitled to vote for one candidate from each 93
143	143		district school board member residence area. The candidate from 94
144	144		each district school board member residence area who receives 95
145	145		the highest number of votes in the general election shall be 96
146	146		elected to the district school board. 97
147	147		Section 5. This act shall take effect July 1, 2023. 98