This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0057e.SAC
DATE: 2/14/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 57 County Commissioner Term Limits
SPONSOR(S): State Affairs Committee, Local Administration, Federal Affairs & Special Districts
Subcommittee, Salzman and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 438
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
14 Y, 0 N, As CS Roy Darden
2) Ethics, Elections & Open Government
Subcommittee
9 Y, 6 N Skinner Toliver
3) State Affairs Committee 13 Y, 7 N, As CS Skinner Williamson
SUMMARY ANALYSIS
Article VIII, s. 1 of the Florida Constitution provides the framework for county government in Florida, including
requiring counties to be governed by a board of county commissioners and authorizing the adoption of county
charters. Counties operating under a county charter have all powers of self-government not inconsistent with
general law or special law approved by the county voters.
The Florida Constitution does not set term limits for county commissioners, nor are term limits set by statute.
As of January 1, 2024, 11 counties in Florida have adopted term limits as part of their county charter.
The bill provides that, notwithstanding any county charter provision to the contrary, a person may not appear
on the ballot for reelection to the office of county commissioner if that person has served, or would have served
but for resignation, in that office for eight consecutive years. The bill prohibits a person from qualifying or
appearing on the ballot for a different district seat of the county commission or an at-large county commission
seat of the county after his or her initial eight-year term of office until two years after the end date of his or her
initial term. In counties where term limits are not imposed by a county charter as of July 1, 2024, the bill
provides that the term limits provided in the bill apply to such counties and that service in a term of office that
begins before November 8, 2022, may not be counted toward the limitation imposed by the bill.
The bill does not supersede any term limits imposed by a county charter that are more restrictive than the term
limit imposed by the bill and does not authorize a person subject to such term limits to serve an additional eight
consecutive years.
The bill requires a county whose charter authorizes county commissioners to serve longer than the limits
imposed by the bill to hold a referendum election that coincides with the 2024 general election to determine
whether the term limits imposed apply to such county. The bill provides that such referendum election must
occur on November 5, 2024, and be conducted by the county supervisor of elections. It also prescribes the
form of the ballot question for the referendum election.
The bill provides that if a county rejects the term limits during the referendum election, then the bill’s term limits
do not apply for that county.
The bill does not appear to have a fiscal impact on state or local governments.
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DATE: 2/14/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
County Commissioners
Article VIII of the Florida Constitution establishes the authority for home rule by counties and
municipalities in Florida. The Legislature is required to divide the state into counties
1
and has the
authority to create municipalities.
2
Pursuant either to general or special law, a county government may be adopted by charter approved by
the county voters.
3
A county without a charter has such powers of self-government as provided by
general
4
or special law.
5
A county with a charter has all powers of self-government not inconsistent with
general law or special law approved by the county voters.
6
The Florida Constitution provides unique
authorization
7
for specific home rule charters, including those of Duval
8
and Miami-Dade Counties.
9
Currently, 20 Florida counties have adopted charters.
10
The Florida Constitution provides that each county, except as otherwise provided by a county charter,
is governed by a board of county commissioners composed of five or seven members serving
staggered four-year terms.
11
Each county must be divided into districts that are contiguous and as
nearly equal in population as practicable, which are redrawn after each decennial census.
12
One
commissioner must reside in each district as provided by law.
13
1
Art. VIII, s. 1(a), FLA. CONST.
2
Art. VIII, s. 2(a), FLA. CONST.
3
S. 125.60, F.S.
4
Ch. 125, Part I, F.S.
5
Art. VIII, s. 1(f), FLA. CONST.
6
Art. VIII, s. 1(g), FLA. CONST.
7
Art. VIII, s. 6(e), FLA. CONST., incorporating by reference ss. 9, 10, 11, 24 from article VIII of the 1885 Constitution, states that these
specific provisions respectively for Duval, Miami-Dade, Monroe, and Hillsborough Counties “shall remain in full force and effect as to
each county affected, as if this article had not been adopted, until that county shall expressly adopt a charter or home rule plan
pursuant to this article.”
8
The consolidated government of the City of Jacksonville was created by ch. 67-1320, Laws of Florida, adopted pursuant to Art. VIII, s.
9, FLA. CONST. (1885).
9
In 1956, an amendment to the 1885 Florida Constitution provided Dade County with the authority to adopt, revise, and amend from
time to time a home rule charter government for the county. The voters of Dade County approved that charter on May 21, 1957. Dade
County, now known as Miami-Dade County, has unique home rule status. Article VIII, s. 11(5) of the 1885 State Constitution, now
incorporated by reference in art. VIII, s. 6(e), Fla. Const. (1968), further provided the Metropolitan Dade County Home Rule Charter,
and any subsequent ordinances enacted pursuant to the charter, may conflict with, modify, or nullify any existing local, special, or
general law applicable only to Dade County. Accordingly, Miami-Dade County ordinances enacted pursuant to the Charter may
implicitly, as well as expressly, amend or repeal a special act that conflicts with a Miami-Dade County ordinance. Effectively, the Miami
Dade Charter can only be altered through constitutional amendment, general law, or County actions approved by referendum. Chase v.
Cowart, 102 So. 2d 147, 149-50 (Fla. 1958).
10
Alachua, Brevard, Broward, Charlotte, Clay, Columbia, Duval (consolidated government with the City of Jacksonville, ch. 67-1320,
Laws of Fla.), Hillsborough, Lee, Leon, Miami-Dade, Orange, Osceola, Palm Beach, Pinellas, Polk, Sarasota, Seminole, Volusia, and
Wakulla Counties. The Local Government Formation Manual, Appendix C, p. 106, available at
https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3227&Session=2023&Doc
umentType=General+Publications&FileName=2022+Local+Government+Formation+Manual.pdf (last visited Jan. 20, 2024).
11
Art. VIII, s. 1(e), FLA. CONST.
12
Id.
13
Id. STORAGE NAME: h0057e.SAC PAGE: 3
DATE: 2/14/2024
The default method created by general law provides that each county has a five-member commission,
with a commissioner representing each district elected at-large by all voters of the county.
14
Subject to
approval in a referendum of the county’s voters, the commission may alternatively be structured as:
A five-member board, with each member elected only by the qualified electors who reside in the
same county commission district as the commissioner; or
A seven-member board, with five members elected only by the qualified electors who reside in
the same county commission district as the commissioner and two members elected at-large.
15
Most counties use the default five-member board, elected at-large method, while 20 counties elect
commissioners from single-member districts and seven counties use the seven-member board
system.
16
Terms of Office
The Florida Constitution establishes term limits for the following elected officials:
Governor, Lieutenant Governor, and members of the state Cabinet.
State representatives and senators.
Federal representatives and senators from Florida.
17
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.
18
The Florida Constitution states that none of these officials, except for the office of Governor, which is
governed by a 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.
19
These term limits became effective in 1992 and were prospective, so officials
reelected to a consecutive term in 1992 could serve another consecutive eight years before reaching
the term limit.
20
The Florida Constitution does not set term limits for county commissioners, nor are term limits set by
statute. Charter counties have the authority to set their own term limits in their county charter.
21
As of
January 1, 2024, 11 counties in Florida imposed term limits within their county charter.
22
Effects of Proposed Changes
The bill provides that, notwithstanding any county charter provision to the contrary, a person may not
appear on the ballot for reelection to the office of county commissioner if that person has served, or
would have served but for resignation, in that office for eight consecutive years. The bill prohibits a
person from qualifying for or appearing on the ballot for a different district seat of the county
14
S. 124.011(1), F.S.
15
S. 124.011(1)(a)-(b), F.S.
16
Fla. Association of Counties, County Districting, https://www.fl-counties.com/county-districting (last visited Jan. 16, 2024). On
November 8, 2022, the voters of Alachua County approved an amendment to s. 2.2(A) the county charter and now require county
commissioners to be elected only by the qualified electors within their respective districts. See ch. 2022-257, Laws of Fla.
17
Art. VI, s. 4(c), and Art. IV, s. 5(b), Fla. Const.
18
See U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995) (holding that the U.S. Constitution prohibits states from imposing
congressional qualifications in addition to those enumerated in the document itself). 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).
19
Art. VI, s. 4(c), Fla. Const.
20
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 Oct. 6, 2023).
21
The Florida Supreme Court in Cook v. City of Jacksonville, 823 So.2d 86, held that counties could not set term limits for constitutional
officers, as doing so would create a disqualifying condition not set forth by the Florida constitution. Telli v. Broward County, 94 So.3d
504 (Fla.2012) overruled Cook allowing charter counties to set their own term limits for constitutional officers, ruling that Cook
undermined the ability of counties to govern themselves under the broad authority granted by home rule.
22
Fla. Association of Counties, County Term Limits Across the State, https://www.fl-counties.com/county-term-limits-across-the-state/
(last visited Oct. 4, 2023). Brevard, Clay, Duval, Miami-Dade, Orange, Palm Beach, Sarasota and Volusia counties have 8-year term
limits for County Commissioners, while Broward, Lee, and Polk counties have 12-year term limits. STORAGE NAME: h0057e.SAC PAGE: 4
DATE: 2/14/2024
commission or an at-large county commission seat of the county after his or her initial eight-year term
of office until two years after the end date of his or her initial term. In counties where term limits are not
imposed by a county charter as of July 1, 2024, the bill provides that the term limits provided in the bill
apply to such counties and that service in a term of office that begins before November 8, 2022, may
not be counted toward the limitation imposed by the bill.
The bill does not supersede any term limits imposed by a county charter that are more restrictive than
the term limit imposed by the bill and does not authorize a person subject to such term limits to serve
an additional eight consecutive years.
The bill requires a county whose charter authorizes county commissioners to serve longer than the
limits imposed by the bill to hold a referendum election that coincides with the 2024 general election to
determine whether the term limits imposed apply to such county. The bill requires such referendum
election to occur on November 5, 2024, and be conducted by the county supervisor of elections in
accordance with the Florida Election Code.
23
The ballot must be in substantially the following form:
COUNTY COMMISSIONER TERM LIMITS
Should the county prohibit county commissioners from serving longer than 8
consecutive years?
( ) Yes.
( ) No.
The bill provides that if a county rejects the term limits during the referendum election, then the bill’s
term limits do not apply for that county.
B. SECTION DIRECTORY:
Section 1: Creates s. 124.012, F.S., relating to term limits of county commissioners.
Section 2: Provides for the referendum election.
Section 3: Provides an effective date of July 1, 2024.
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:
The bill will likely have a negative fiscal impact on counties required to conduct a referendum.
However, as the referenda will be conducted in conjunction with the general election on November
5, 2024, some cost savings may occur.
23
Chapters 97-106, F.S., are cited as “The Florida Election Code.” See s. 97.011, F.S. STORAGE NAME: h0057e.SAC PAGE: 5
DATE: 2/14/2024
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
The county/municipality mandates provision of Art. VII, s. 18 of the Florida Constitution may apply
because this bill requires certain counties to conduct a referendum election; however, an exception
may apply because laws concerning elections are exempt.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for, nor requires, rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 19, 2024, the Local Administration, Federal Affairs & Special Districts Subcommittee adopted
an amendment and reported the bill favorably as a committee substitute. The amendment increased the
maximum number of consecutive years a county commissioner may serve from eight years to 12 years.
On February 14, 2024, the State Affairs Committee adopted a strike-all amendment and reported the bill
favorably as a committee substitute. The strike-all amendment:
Revised the term limits for county commissioners from 12 consecutive years to eight consecutive
years.
Prohibited a person from qualifying for or appearing on the ballot for a different district seat of the
county commission or an at-large county commission seat of the county after his or her initial eight-
year term of office until two years after the end date of his or her initial term.
Provided that the bill does not authorize a person subject to such term limits to serve an additional
eight consecutive years.
Required counties whose charter authorizes county commissioners to serve longer than the bill’s
term limits to hold a referendum election to determine whether the bill’s term limits apply for that
county.
This analysis is drafted to the committee substitute as approved by the State Affairs Committee.