HB 1265 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1265-00
Page 1 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to elections of county commissioners, 2
district school board members, and district school 3
superintendents; amending s. 124.01, F.S.; 4
establishing county commissioner districts based on 5
the population of the county; requiring county 6
commissioners to be nominated and elected by qualified 7
electors who reside in the same county commissioner 8
district as the commissioner; requiring membership of 9
a board of county commissioners to be based on certain 10
population criteria for each county; requiring 11
commissioners to be elected at a specified time and 12
terms to be staggered; providing applicability; 13
repealing s. 124.011, F.S., relating to an alternate 14
procedure for the election of county commissioners to 15
provide for single-member representation; amending s. 16
100.041, F.S.; conforming a provision to changes made 17
by the act; amending s. 1001.34, F.S.; revising the 18
membership of district school boards; requiring 19
membership to be based on certain population criteria 20
for each county; requiring membership to be i dentical 21
to that of the board of county commissioners; 22
authorizing a specified change to such membership if 23
certain conditions are met; removing provisions 24
relating to modification of the number of district 25
HB 1265 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1265-00
Page 2 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
school board members; repealing s. 1001.36, F.S., 26
relating to district school board member residence 27
areas; amending s. 1001.361, F.S.; requiring members 28
of the district school board to be elected by the 29
qualified electors who reside in the same school 30
district as the member; repealing s. 1001.362, F.S., 31
relating to an alternate procedure for the election of 32
district school board members to provide for single -33
member representation; amending s. 1001.46, F.S.; 34
revising provisions relating to the election and term 35
of office for district school superintendent s; 36
repealing s. 1001.461, F.S., relating to procedures 37
for making the office of district school 38
superintendent an appointive office; amending ss. 39
1001.38, 1001.50, and 1011.10, F.S.; conforming 40
provisions to changes made by the act; amending s. 41
1002.32, F.S.; conforming cross -references; providing 42
a contingent effective date. 43
44
Be It Enacted by the Legislature of the State of Florida: 45
46
Section 1. Section 124.01, Florida Statutes, is amended to 47
read: 48
124.01 Division of counties into districts; election of 49
county commissioners to provide for single -member 50
HB 1265 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1265-00
Page 3 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
representation; applicability .— 51
(1) There shall be five county commissioners' districts in 52
each county, which shall be numbered one to five, inclusive, and 53
shall be as nearly equal in proportion to population as 54
possible. 55
(1)(2) County commissioner districts shall be established 56
in each county, the number of which shall be based on the 57
population of the county. There shall be one county commissioner 58
for each of such county commissioners' districts , who shall be 59
nominated and elected by the qualified electors who reside in 60
the same county commissioner district as the county commissioner 61
of the county, as provided by s. 1(e), Art. VIII of the State 62
Constitution. The membership of a board of county co mmissioners 63
shall be based on the population of each county, according to 64
the last state census, as follows: 65
(a) In each county having a population of 2.5 million or 66
more: 13 members. 67
(b) In each county having a population of 1.25 -2.499 68
million: nine members. 69
(c) In each county having a population of 750,000 -1.249 70
million: seven members. 71
(d) In each county having a population of 749,000 or less: 72
five members. 73
74
However, a board of county commissioners may have more 75
HB 1265 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1265-00
Page 4 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
commissioners and districts than th ose prescribed based on 76
population. 77
(2) At the general election immediately following 78
redistricting directed by s. 1(e), Art. VIII of the State 79
Constitution, each commissioner must be elected and terms 80
thereafter shall be staggered as provided in s. 100. 041. 81
(3)(a) The board of county commissioners shall, from time 82
to time, fix the boundaries of the county commissioners' 83
districts so as to keep them as nearly equal in proportion to 84
population as practicable, provided that changes made in the 85
boundaries of county commissioner districts pursuant to this 86
section may not be made in the 270 days before a regular general 87
election for the board of county commissioners. 88
(b) Districts may not be drawn with the intent to favor or 89
disfavor a candidate for county commission or an incumbent 90
county commissioner based on the candidate's or incumbent's 91
residential address. 92
(c) Any ordinance enacted or adopted by a county on or 93
after July 1, 2025 2023, which is in conflict with this 94
subsection is void. 95
(4)(5) This section applies to all counties in this state, 96
including charter counties shall not apply to Miami-Dade County. 97
(5) This section applies to a county with a system of 98
local government under which the mayor serves as the chair of 99
the board of county commissioners and is the executive head of 100
HB 1265 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1265-00
Page 5 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the county. 101
Section 2. Section 124.011, Florida Statutes, is repealed. 102
Section 3. Paragraph (a) of subsection (2) of sectio n 103
100.041, Florida Statutes, is amended to read: 104
100.041 Officers chosen at general election. — 105
(2)(a) Except as provided in s. 124.011 relating to single 106
member districts after decennial redistricting, Each county 107
commissioner from an odd -numbered district shall be elected at 108
the general election in each year the number of which is a 109
multiple of 4, for a 4 -year term commencing on the second 110
Tuesday following such election, and each county commissioner 111
from an even-numbered district shall be elected at t he general 112
election in each even -numbered year the number of which is not a 113
multiple of 4, for a 4 -year term commencing on the second 114
Tuesday following such election. A county commissioner is 115
"elected" for purposes of this paragraph on the date that the 116
county canvassing board certifies the results of the election 117
pursuant to s. 102.151. 118
Section 4. Section 1001.34, Florida Statutes, is amended 119
to read: 120
1001.34 Membership of district school board. — 121
(1) Each district school board shall be composed of not 122
less than five members. The membership of a district school 123
board shall be based on the population of the county, according 124
to the last state census, as follows: 125
HB 1265 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1265-00
Page 6 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) In each county having a population of 2.5 million or 126
more: 13 members. 127
(b) In each county having a population of 1.25 -2.499 128
million: nine members. 129
(c) In each county having a population of 750,000 -1.249 130
million: seven members. 131
(d) In each county having a population of 749,000 or less: 132
five members. 133
134
Membership of the district school board shall be identical to 135
membership of the board of county commissioners and may only 136
have more members and districts than those prescribed based on 137
the population which are identical to any such change in the 138
membership of the board of county commissi oners or the county 139
commissioners' districts. 140
(2) Each member of the district school board shall be a 141
qualified elector of the school district in which she or he 142
serves, shall be a resident of the school district school board 143
member residence area from which she or he is elected, and shall 144
maintain said residency throughout her or his term of office. 145
(2) A district school board may modify the number of 146
members on its board by adopting a resolution that establishes 147
the total number of members on the boar d, which may not be less 148
than five, and the number of members who shall be elected by 149
residence areas or elected at large. The resolution must specify 150
HB 1265 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1265-00
Page 7 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
an orderly method and procedure for modifying the membership of 151
the board, including staggering terms of additional members as 152
necessary. If the resolution is adopted, the district school 153
board shall submit to the electors for approval at a referendum 154
held at the next primary or general election the question of 155
whether the number of board members should be mo dified in 156
accordance with the resolution adopted by the district school 157
board. If the referendum is approved, election of additional 158
school board members may occur at any primary, general, or 159
otherwise-called special election. 160
Section 5. Section 1001.36, Florida Statutes, is repealed. 161
Section 6. Section 1001.361, Florida Statutes, is amended 162
to read: 163
1001.361 Election of district school board members to 164
provide for single-member representation by districtwide vote .—165
Notwithstanding any provision of local law, or any county 166
charter, the election of members of the district school board 167
shall be elected by must be by vote of the qualified electors 168
who reside in the same school district area as the member of the 169
entire district in a nonpartisan election as provided in chapter 170
105. Each elected candidate for district school board member 171
must, by the date she or he assumes office, be a resident of the 172
school district school board member residence area from which 173
she or he was elected. Each candidate who qu alifies to have her 174
or his name placed on the ballot must be listed according to the 175
HB 1265 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1265-00
Page 8 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
school district school board member residence area in which she 176
or he is a candidate. Each qualified elector of the district is 177
entitled to vote for one candidate from eac h district school 178
board member residence area. The candidate from each school 179
district school board member residence area who receives the 180
highest number of votes in the general election shall be elected 181
to the district school board. 182
Section 7. Section 1001.362, Florida Statutes, is 183
repealed. 184
Section 8. Section 1001.46, Florida Statutes, is amended 185
to read: 186
1001.46 District school superintendent; election and term 187
of office.—The district school superintendent shall be elected 188
for a term of 4 years or until the election or appointment and 189
qualification of his or her successor. 190
Section 9. Section 1001.461, Florida Statutes, is 191
repealed. 192
Section 10. Section 1001.38, Florida Statutes, is amended 193
to read: 194
1001.38 Vacancies; how filled. —The office of any district 195
school board member shall be vacant when the member removes his 196
or her residence from the school district school board member 197
residence area from which he or she was elected. All vacancies 198
on the district school board shall be filled by appointment by 199
the Governor. 200
HB 1265 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1265-00
Page 9 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 11. Subsection (2) of section 1001.50, Florida 201
Statutes, is amended to read: 202
1001.50 Superintendents employed under Art. IX of the 203
State Constitution.— 204
(2) Each district school board shall enter into an 205
employment contract with the district school superintendent and 206
shall adopt rules relating to his or her appointment ; however, 207
if the employment contract contains a provision for severance 208
pay, it must include the provisions required by s. 215.425. 209
Section 12. Subsection (3) of section 1011.10, Florida 210
Statutes, is amended to read: 211
1011.10 Penalty.— 212
(3) If any of the conditions identified in s. 218.503(1) 213
exist within a school district, the salary of each district 214
school board member and district superintendent, calculated 215
pursuant to ss. 1001.395 and 1001.47, shall be withheld until 216
the conditions are corrected. This subsection does not apply to 217
a district school board member or district superintendent 218
elected or appointed within 1 year after the identification of 219
the conditions in s. 218.503(1) if he or she did not participate 220
in the approval or pre paration of the final school district 221
budget adopted before the identification of such conditions. 222
Section 13. Paragraph (a) of subsection (10) of section 223
1002.32, Florida Statutes, is amended to read: 224
1002.32 Developmental research (laboratory) scho ols.— 225
HB 1265 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1265-00
Page 10 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(10) EXCEPTIONS TO LAW. —To encourage innovative practices 226
and facilitate the mission of the lab schools, in addition to 227
the exceptions to law specified in s. 1001.23(1), the following 228
exceptions shall be permitted for lab schools: 229
(a) The methods and requirements of the following statutes 230
shall be held in abeyance: ss. 316.75; 1001.30; 1001.31; 231
1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362; 232
1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39; 233
1001.395; 1001.40; 1001.41; 1001. 44; 1001.453; 1001.46; 234
1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48; 235
1001.49; 1001.50; 1001.51; 1006.12(2); 1006.21(3), (4); 1006.23; 236
1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43; 1010.44; 237
1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50; 1010.51; 238
1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1) -(3), (5); 239
1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71; 1011.72; 240
1011.73; and 1011.74. 241
Section 14. This act shall take effect on the effective 242
date of the amendment to the State Constitut ion proposed by HJR 243
1263 or a similar joint resolution having substantially the same 244
specified intent and purpose , if such amendment to the State 245
Constitution is approved at the next general election or at an 246
earlier special election specifically authori zed by law for that 247
purpose. 248