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: SB 444
INTRODUCER: Senator Ingoglia
SUBJECT: District School Board Elections
DATE: March 7, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Biehl Roberts EE Favorable
2. ED
3. RC
I. Summary:
SB 444 revises the residency requirement for school board candidates. Current law requires a
candidate for school board to be a resident of the district in which he or she seeks election at the
time he or she qualifies to run for the office. This bill changes the time at which the residency
requirement must be met to the time at which an elected school board member assumes office.
The bill takes effect July 1, 2023.
II. Present Situation:
Many elected offices require that the public officials holding them live within a specified district
or area. Unless otherwise provided for constitutionally, legislatively, or judicially, any residency
requirement for an elected office must be met at the time of assuming office.
1
Some offices with
specified residency requirements are below.
Office Point at Which Residency Requirement Must be Met
City commissioner At time of assuming office, unless otherwise provided
by city charter or ordinance
2
Congressional member (U.S.
Senator or U.S. Representative)
At time of election
3
County commissioner At time of election
4
1
“Guidelines for Determining When Residency Qualifications for Elected Office Must be Met,” Florida Division of
Elections, DE Reference Guide 0008, updated 10/2018.
2
See Nichols v. State, 177 So.2d 467 (Fla. 1965); Marina v. Leahy, 578 So.2d 382; and Division of Elections opinions 94-04
and 92-10.
3
Article 1, ss. 2 and 3, U.S. CONST.
4
See State v. Grassi, 532 So.2d 1055 (Fla. 1988); Art. VII, s. 1(e), FLA. CONST.; Division of Elections opinions 92-10 and
94-04; and Attorney General Opinion 74-293.
REVISED: BILL: SB 444 Page 2
Constitutional county officers
(clerk of court, supervisor of
elections, property tax appraiser,
sheriff)
At time of assuming office
5
Governor, Lieutenant Governor, or
Cabinet member
At time of election
6
Judge At time of assuming office
7
State legislators At time of election
8
School board members At time of qualifying
9
School superintendent At time of assuming office
10
III. Effect of Proposed Changes:
The bill brings the residency requirement for school board members more in line with those for
other offices by providing that a school board member must meet the residency requirement at
the time he or she assumes office.
The bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
5
See Division of Elections opinions 90-30, 92-10, and 94-04.
6
Article IV, s. 5, FLA. CONST.
7
See Art. V, s. 8, FLA. CONST.; and Division of Elections opinions 78-31 and 94-04.
8
See Ruiz v. Farias, 43 So.3d 124 (Fla. 3DCA 2010).
9
See ss. 1001.34 and 1001.361, F.S.; and Division of Elections opinions 82-02 and 94-04.
10
See Division of Elections opinion 94-04. BILL: SB 444 Page 3
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 1001.361, Florida Statutes.
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.