This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0477.CIS
DATE: 2/7/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 477 Term Limits for District School Board Members
SPONSOR(S): Rizo
TIED BILLS: None. IDEN./SIM. BILLS: None.
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Choice & Innovation Subcommittee Wolff Sleap
2) Education & Employment Committee
SUMMARY ANALYSIS
Florida’s Constitution provides that each school district must be governed by a school board composed of five
or more elected members elected to staggered, 4-year terms, as provided by law. In 2022, the Legislature
established a term limit of 12 years for district school board members. This term limit applies to those
individuals elected on or after November 8, 2022.
The bill aligns district school board term limits to the other term limits provided for in the Florida Constitution.
The bill prohibits a school board member from appearing on a ballot for reelection if the member will have
served, or would have served if not for resignation, in that office for 8 consecutive years. The proposed
limitation would apply only to terms of office beginning on or after November 8, 2022, and is prospective, so
that school board members reelected to a consecutive term in 2022 could serve another 8 consecutive years
before reaching the term limit.
The bill does not have a fiscal impact.
The bill takes effect on July 1, 2023. STORAGE NAME: h0477.CIS PAGE: 2
DATE: 2/7/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
District School Board Member Terms of Office
The Florida Constitution provides that “[i]n each school district there shall be a school board composed
of five or more members chosen by vote of the electors in a nonpartisan election for appropriately
staggered terms of four years, as provided by law.”
1
This provision has been interpreted to allow school
board member qualifications to be established by statute.
2
The Florida Constitution does not address
the number of terms a school board member may serve.
3
However, Florida’s Constitution establishes term limits for the following elected officials:
4
Florida Governor;
Florida representatives;
Florida senators;
Florida Lieutenant Governor;
Florida Cabinet members;
U.S. representatives from Florida; and
U.S. senators from Florida.
Term limits imposed by states for federal elected officials were held to be unconstitutional, and thus
unenforceable, by the U.S. Supreme Court in 1995.
5
The Florida Constitution states that none of these officials, except for the office of Governor which is
governed by a slightly different provision, may appear on a ballot for reelection if, by the end of the
current term of office, the person will have served or, but for resignation, would have served in that
office for eight consecutive years.
6
These term limits became effective in 1992 and were prospective,
so that officials reelected to a consecutive term in 1992 could serve another consecutive eight years
before reaching the term limit.
7
In 2022, the Legislature established a term limit of 12 years for district school board members.
8
This
term limit applies to those individuals elected on or after November 8, 2022.
9
The term limit is
prospective, so that school board members reelected to a consecutive term in 2022 could serve
another 12 consecutive years before being term limited.
10
Currently, Duval County is the only district to
1
Art. IX, s. 4(a), Fla. Const.
2
In Askew v. Thomas, 293 So.2d 40, 42 (Fla. 1974), the court interpreted section 4(a) of article IX and refused to invoke the
constitutional principle that “statutes imposing additional qualifications for office are unconstitutional where the basic document of the
constitution itself has already undertaken to set forth those requirement” because that section does not address school board member
qualifications. Similarly, in Telli v. Broward County, 94 So. 3d 504 (Fla. 2012), the court receded from prior opinions which held that
article VI, section 4(b), Florida Constitution, listing the state elected offices with mandatory term limits, prohibited the imposition of
term limits on other officials. The court held that “[i]nterpreting Florida's Constitution to find implied restrictions on powers otherwise
authorized is unsound in principle” and that “express restrictions must be found not implied.” Id. at 513.
3
Art. IX, s. 4(a), Fla. Const.
4
Art. VI, s. 4(c), Fla. Const. See also art. IV, s. 5(b), Fla. Const.
5
See U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995). See also Ray v. Mortham, 742 So. 2d 1276 (Fla. 1999) (holding that
term limits imposed on elected state officials were severable from provisions imposing term limits on elected federal officials).
6
Art. VI, s. 4(c), Fla. Const.
7
See Art. VI, s. 4, Fla. Const. (1992); Billy Buzzett and Steven J. Uhlfelder, Constitution Revision Commission: A Retrospective and
Prospective Sketch, The Florida Bar Journal (April 1997), https://www.floridabar.org/the-florida-bar-journal/constitution-revision-
commission-a-retrospective-and-prospective-sketch (last visited Jan 24, 2023).
8
Section 1001.35, F.S.
9
Id.
10
Id. STORAGE NAME: h0477.CIS PAGE: 3
DATE: 2/7/2023
have established a more restrictive term limit for its school board members of two consecutive full
terms of 4 years.
11
Effect of Proposed Changes
The bill prohibits a school board member from appearing on a ballot for reelection if, by the end of his
or her current term of office, the member will have served, or would have served if not for resignation,
in that office for 8 consecutive years. The proposed limitation would apply only to terms of office
beginning on or after November 8, 2022, and is prospective, so that school board members reelected
to a consecutive term in 2022 could serve another 8 consecutive years before reaching the term limit.
B. SECTION DIRECTORY:
Section 1: Amends s. 1001.35, F.S.; revising the term limits for district school board members.
Section 2: Providing an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
11
Charter of the City of Jacksonville, Florida, art. 13, s. 13.15,
https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=CHRELA_PTACHLA CHJAFL_ART13DUCOSCB
O. (last visited Jan. 27, 2023) STORAGE NAME: h0477.CIS PAGE: 4
DATE: 2/7/2023
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.