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 Education PreK-12
BILL: SB 444
INTRODUCER: Senator Ingoglia
SUBJECT: District School Board Elections
DATE: April 3, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Biehl Roberts EE Favorable
2. Sagues Bouck ED Favorable
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 school board member residence area 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
1
Florida Division of Elections, Guidelines for Determining When Residency Qualifications for Elected Office Must be Met
(2018), available at https://soe.dos.state.fl.us/pdf/DE%20Guide%200008%20-
%20Guidelines%20for%20Determining%20When%20Residency%20Qualifications....pdf.
2
See Nichols v. State, 177 So.2d 467 (Fla. 1965); Marina v. Leahy, 578 So.2d 382; and Division of Elections, Advisory
Opinions by Year (94-04 and 92-10), https://www.dos.myflorida.com/elections/laws-rules/advisory-opinions/advisory-
opinions-by-year/ (last visited March 27, 2023).
REVISED: BILL: SB 444 Page 2
Congressional member (U.S. Senator or
U.S. Representative)
At time of election
3
County commissioner At time of election
4
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
For the purpose of electing district school board members, each district must be divided into at
least five district school board member residence areas.
11
A district may also have 7 district
school board members, with 5 residence areas and two members elected at large, contingent
upon district school board resolution approved by voters in the district.
12
Each candidate for district school board member must, at the time she or he qualifies, be a
resident of the district school board member residence area from which the candidate seeks
election. Each candidate who qualifies to have her or his name placed on the ballot is listed
according to the district school board member residence area in which she or he resides. The
candidate from each district school board member residence area who receives the highest
number of votes in the general election is elected to the district school board.
13
3
U.S. CONST. art. 1, ss. 2 and 3.
4
See State v. Grassi, 532 So.2d 1055 (Fla. 1988); FLA. CONST. art. VII, s. 1(e) (Amended 1998), Division of Elections,
Advisory Opinions by Year (94-04 and 92-10), https://www.dos.myflorida.com/elections/laws-rules/advisory-
opinions/advisory-opinions-by-year/ (last visited March 27, 2023), and Office of Attorney General, Attorney General
Opinion 74-293, http://myfloridalegal.com/ago.nsf/Opinions/BA862ABB5A8981B3852566B3005C4A25 (last visited Mar.
27, 2023).
5
See Division of Elections, Advisory Opinions by Year (90-30, 94-04 and 92-10),
https://www.dos.myflorida.com/elections/laws-rules/advisory-opinions/advisory-opinions-by-year/ (last visited Mar. 27,
2023)
6
FLA. CONST. art. IV, s. 5, (Amended 1998).
7
See FLA. CONST. art. V, s. 8 (Amended 1998), and Division of Elections, Advisory Opinions by Year (78-31 and 94-04),
https://www.dos.myflorida.com/elections/laws-rules/advisory-opinions/advisory-opinions-by-year/ (last visited Mar. 27,
2023.
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, Advisory Opinions by Year (94-04), https://www.dos.myflorida.com/elections/laws-
rules/advisory-opinions/advisory-opinions-by-year/ (last visited Mar. 27, 2023).
11
Section 1001.36(1), F.S.
12
Sections 1001.36(1) and 1001.34(2), F.S.
13
Section 1001.361, F.S. BILL: SB 444 Page 3
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.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None. BILL: SB 444 Page 4
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.