STORAGE NAME: h4001.IAS DATE: 3/24/2025 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 #: HB 4001 TITLE: Lee County SPONSOR(S): Giallombardo COMPANION BILL: None LINKED BILLS: None RELATED BILLS: None Committee References Intergovernmental Affairs State Affairs SUMMARY Effect of the Bill: The bill amends the Lee County charter to require members of the county commission to be elected from single- member districts and modifies the size of the commission once the population of the county exceeds one million residents. The bill also prohibits the board of county commissioners from restricting more than once per decade and establishes redistricting criteria. The charter amendment proposed by the bill is subject to approval by the electors of Lee County voting in a referendum held at the 2026 general election. Fiscal or Economic Impact: The Economic Impact Statement filed with the bill indicates that the bill will not have a fiscal impact unless the county population exceeds one million residents. Should the population be exceeded, an additional member will be elected to a single-member district. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY ANALYSIS EFFECT OF THE BILL: The bill amends the Lee County Home Rule Charter to: Require members of the county commission to be elected from single-member districts. Adjust the size of the county commission, once the county has a population of one million or more according to the decennial census, providing that additional members must be added to the commission so that each commissioner represents between 100,000 and 200,000 residents. Allow the boundaries of county commission districts to only be amended after the decennial census. Require county commission districts to be nearly equal in population and to be contiguous, compact, and to respect existing political and geographic boundaries where possible. Prohibit the drawing of county commission districts to favor incumbents. (Section 1) The charter amendment proposed by the bill is subject to approval by the electors of Lee County voting in a referendum to be held on November 3, 2026, the 2026 general election. The bill specifies the wording of the referendum question on the ballot and requires the referendum to be held in accordance with the Florida Election Code. (Section 2) The bill provides that it only takes effect upon its approval by a majority vote of the qualified electors of Lee County voting in a referendum, except that sections 2 and 3 of the bill take effect upon becoming a law. (Section 3) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 2 FISCAL OR ECONOMIC IMPACT: LOCAL GOVERNMENT: The Economic Impact Statement filed with the bill indicates that the bill will not have a fiscal impact unless the county population exceeds one million residents. Should the population be exceeded, an additional member will be elected to a single-member district. The Lee County Clerk of Court and Comptroller estimates the total cost to the county for each commissioner is $382,307 in Fiscal Year 2025, 1 RELEVANT INFORMATION SUBJECT OVERVIEW: Composition of County Commissions The Florida Constitution requires each county commission to divide the county into districts of contiguous territory with as equal population as practicable following each decennial census. 2 One commissioner residing in each district is elected as provided by law. Each county commission consists of five or seven members serving staggered terms of four years, unless otherwise provided by a county charter. The default county election system requires the county commission to draw five districts nearly equal in population as possible, with one commissioner elected from each district by the qualified electors of the entire county. 3 County commissioners are responsible for making periodic boundary adjustments to ensure district populations are nearly equal as possible, but these changes may only be made during odd-numbered years. 4 Alternatively, county commissioners may be elected from single-member districts, subject to voter approval at a referendum. 5 A referendum to convert to single-member districts may be called by the county commission or electors of the county may petition to have the proposition placed on the ballot by gathering the signatures of at least 10 percent of the qualified electors of the county. 6 The referendum may convert the county commission to a five-member body, with all members elected in districts, or a seven-member body with five members elected in districts and two members elected at-large by the qualified electors of the entire county. 7 Commissioners are elected to four-year terms which are staggered so that approximately half of the commissioners elected from districts and, if applicable, one of the commissioners elected at-large from the entire county, are elected every two years. 8 The conversion to single-member districts does not impact the term of current officeholders. 9 Lee County Home Rule Charter Each county may adopt a charter using the procedures provided by general law. 10 Lee County adopted its Home Rule Charter in 1996. 11 The charter assigns legislative powers to a five-member county commission elected at- large. 12 Amendments to the charter may be proposed by a petition signed by at least 7 percent of the number of electors qualified to vote in the county as a whole in the last preceding general election. 13 Local Bill Forms 1 Letter from Kevin Karnes, Lee County Clerk of the Circuit Court & Comptroller, to Representative Mike Giallombardo (Jan. 14, 2025). A copy of this letter is contained in the Economic Impact Statement for the bill. 2 Art. VIII, s. 1, Fla. Const. 3 S. 124.01(1) and (2), F.S. 4 S. 124.01(3), F.S. 5 S. 124.011, F.S. 6 S. 124.011(3), F.S. 7 S. 124.011(1), F.S. 8 S. 124.011(2), F.S. 9 S. 124.011(11), F.S. 10 See s. 125.60-125.64 and 125.80-125.88, F.S. 11 See Lee County Ordinance 08-15 (stating Lee County Board of County Commissioner adopted Ordinance 96-01 on January 3, 1996 calling for a referendum to determine whether to adopt a charter and that the charter was approved by the voters on November 5, 1996). 12 Lee County Charter art. II, s. 2.2 (A)(1). 13 Lee County Charter art. IV, s. 4.1(A)(1). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 3 The Florida Constitution prohibits the passage of any special act unless a notice of intention to seek enactment of the bill has been published as provided by general law or the act is conditioned to take effect only upon approval by referendum vote of the electors in the area affected. 14 A legal advertisement of the proposed bill must be placed in a newspaper of general circulation or published on a publicly accessible website 15 at least 30 days prior to the introduction of the local bill in the House or Senate. 16 The bill shall take effect only upon its approval in a referendum held on November 3, 2026. The House local bill policy requires a completed and signed Local Bill Certification Form and Economic Impact Statement be filed with the Clerk of the House at the time the local bill is filed or as soon thereafter as possible. 17 Under the policy, a committee or subcommittee may not consider a local bill unless these forms have been filed. The following forms have been submitted for the bill: Local Bill Certification Form Economic Impact Statement BILL HISTORY COMMITTEE REFERENCE ACTION DATE STAFF DIRECTOR/ POLICY CHIEF ANALYSIS PREPARED BY Intergovernmental Affairs Subcommittee Darden Burgess State Affairs Committee 14 Art. III, s. 10, Fla. Const. 15 S. 50.0311(2), F.S. 16 S. 11.02, F.S. If there is no newspaper circulated throughout or published in the county and no publicly accessible website has been designated, notice must be posted for at least 30 days in at least three public places in the county, one of which must be at the courthouse. 17 Intergovernmental Affairs Subcommittee, Local Bill Policies and Procedures Manual, p. 11 (last visited Mar. 20, 2025).