STORAGE NAME: h0679.IAS
DATE: 3/17/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HJR 679
TITLE: Term Limits for Members of County
Commissions and District School Boards
SPONSOR(S): Salzman
COMPANION BILL: SJR 802 (Ingoglia)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Intergovernmental Affairs
Education Administration
State Affairs
SUMMARY
Effect of the Bill:
The joint resolution proposes an amendment to the Florida Constitution that would provide eight year term limits
for county commissioners and school district board members. This limitation would apply to terms of office
beginning after November 3, 2026.
Fiscal or Economic Impact:
An agency analysis of this bill was requested from Department of State on February 21, 2025, and as of the date of
publication has not been received.
Extraordinary Vote Required for Passage:
The joint resolution requires a three-fifths vote of the membership of both houses of the Legislature for final
passage.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The joint resolution proposes an amendment to the Florida Constitution that would provide term limits for county
commissioners and school district board members. The resolution proposes that the terms for both county
commissioners and school district board members be limited to eight years.
For county commissioners, the resolution proposes that the eight-year limit applies to terms of office beginning on
or before November 3, 2026. For district school board members, the resolution proposes that the eight-year limit
applies to terms of office beginning before November 8, 2022.
If passed, the joint resolution will be considered by the electorate at the next general election on November 3,
2026.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Boards of 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
1
Art. VIII, s. 1(a), Fla. Const.
2
Art. VIII, s. 2(a), Fla. Const. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Pursuant either to general or special law, a county government may be adopted by charter approved by the
county’s 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 for specific home rule
charters, including those of Duval and Miami-Dade Counties.
7 Currently, 20 Florida counties have adopted
charters.
8
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.
9 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.
10 One commissioner must reside in each district as provided by law.
11
Current law does not set term limits for county commissioners. However, charter counties have the authority to set
their own term limits in their county charter.
12 As of January 1, 2025, 12 counties in Florida imposed term limits
within their county charter.
13
District School Boards
Pursuant to the Florida Constitution, each county constitutes a school district.
14 In Florida, there are 67 school
districts, corresponding with the 67 counties in the state.
15 Each school district must have a school board
composed of five or more members.
16 The school boards operate, control, and supervise all free public schools
within the school district and determine the rate of school district taxes within constitutional limits.
17 The powers
and duties of district school boards are further prescribed by law.
18
Electors choose district school board members by vote in a nonpartisan election for staggered four-year terms as
provided by law.
19 For the purpose of electing district school board members, each school district is divided into at
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 Hills borough 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
These include 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. See Florida Association of Counties, Charter County Information, (last
visited Mar. 15, 2025).
9
Art. VIII, s. 1(e), Fla. Const.
10
Id.
11
Id.
12 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.
13
See Florida Association of Counties, County Term Limits Across the State, (last visited Mar. 3, 2025). See also Andrea Chu,
Pinellas County election results: All charter amendments, school millage referendum pass, WTSP (last visited Mar. 15, 2025).
Brevard, Clay, Duval, Miami -Dade, Orange, Palm Beach, Sarasota and Volusia counties have 8-year term limits for County
Commissioners, while Broward, Lee, Pinellas and Polk counties have 12-year term limits.
14
Art. IX, s. 4(a), Fla. Const.; s. 1001.30, F.S. However, the Florida Constitution provides two or more contiguous counties, upon
vote of the electors of each county pursuant to law, may be combined into one school district.
15
Florida School Boards Association, Florida School Boards (last visited Mar. 15, 2025). The Florida School for the Deaf and
Blind, the Florida Virtual School, and the university laboratory schools are considered independent school districts but their
governing boards are not elected.
16
Art. IX, s. 4(a), Fla. Const.
17
Art. IX, s. 4(b), Fla. Const.
18
Ss. 1001.41 and 1001.42, F.S.
19
Art. IX, s. 4(a), Fla. Const.; see also ss. 1001.361 and 105.031(1), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
least five district school board member residence areas, which must be numbered one to five and must be, as
nearly as practicable, equal in population.
20 For districts with more than five district school board members, the
district can be divided into five district school board member residence areas, with the remaining district school
board members serving at large, or the district can be divided into district school board member residence areas
for each member.
21
District school board members can be elected by either a district-wide election or a single-member district
election.
22 In a district-wide election, all qualified electors in the district are entitled to vote for one candidate from
each district school board member residence area.
23 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.
24 In school districts with single-member representation, candidates for district school board member are
elected only by qualified electors who reside in a specific residence area.
25 Current law imposes an eight-year term
limit on school district board members.
26
Constitutional Term Limits
The Florida Constitution establishes term limits for:
the Governor, Lieutenant Governor, and members of the state Cabinet;
state representatives and senators; and
federal representatives and senators from Florida.
27
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.
28
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.
29 These term limits
became effective in 1992 and were prospective, so officials reelected to a term starting in 1992 could serve eight
consecutive years before reaching the term limit.
30
The Florida Constitution does not set term limits for county commissioners or for school district board members.
20
S. 1001.36(1), F.S.
21
S. 1001.36(1)(a), F.S.
22
Ss. 1001.361 and 1001.362, F.S. In 40 school districts, school board members are elected by a district -wide vote of electors.
As of September 2020, school board members in 22 school districts are elected by a vote of the electors within their residence
area (single member district election). In five school districts, some school board members are elected by a vote of the
electors within their residence area and others are elected by a district wide vote. Florida School Board Association, School
Board & Superintendent Elections & Composition (last visited Mar. 3, 2025).
23
S. 1001.361, F.S.
24
Id.
25
S. 1001.362(2)(b), F.S.
26
S. 1001.35, F.S.
27
Art. VI, s. 4(c), and Art. IV, s. 5(b), Fla. Const.
28
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 276
(Fla. 1999) (holding that term limits imposed on elected state officials were severable from provisions imposing term limits on
elected federal officials).
29
Art. VI, s. 4(c), Fla. Const.
30
See Art. VI, s. 4, Fla. Const. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023 HB 477 Rizo Ingoglia Became a law on July 1, 2023.
2022 CS/HB 1467 Garrison Gruters Became a law on July 1, 2022.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Intergovernmental Affairs
Subcommittee
Darden Jones
Education Administration
Subcommittee
State Affairs Committee