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 Ethics and Elections
BILL: SB 1416
INTRODUCER: Senator DiCeglie
SUBJECT: Election Dates for Municipal Office
DATE: April 1, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Biehl Roberts EE Favorable
2. CA
3. RC
I. Summary:
SB 1416 requires elections for municipal offices to be held on the same date as the general
election and prescribes implementation provisions.
The bill extends the terms of incumbent elected municipal officers until the next municipal
election held in accordance with the change in election date.
The bill takes effect July 1, 2025.
II. Present Situation:
Article VI, s. 5(a) of the Florida Constitution requires a general election to be held in each
county on the first Tuesday after the first Monday in November of each even-numbered year to
choose a successor to each elective state and county officer whose term will expire before the
next general election. Section 100.031, F.S., incorporates that constitutional provision into
statute, but also requires a general election to be held in each county on the first Tuesday after
the first Monday in November of each even-numbered year to choose a successor to each
elective federal and district officer whose term will expire before the next general election.
Article VI, s. 6 of the Florida Constitution provides that registration and elections in
municipalities must, and in other governmental entities created by statute may, be provided by
general law. The Florida Election Code,
1
which is a collection of general laws, governs the
conduct of municipal elections in the absence of an applicable special act, charter, or ordinance.
2
However, no act, charter, or ordinance may be adopted which conflicts with or exempts a
1
Chapters 97-106, F.S., are known as “The Florida Election Code.”
2
Section 100.3605(1), F.S.
REVISED: BILL: SB 1416 Page 2
municipality from any provision in the Florida Election Code that expressly applies to
municipalities.
3
Elections for municipal officers are conducted during the general election in November of even-
numbered years unless the governing body of a municipality has adopted an ordinance to change
the dates for qualifying and for the election of members of the governing body of the
municipality.
4
The ordinance may also provide for the orderly transition of office resulting from
the date changes.
5
Section 101.75, F.S., allows the governing body of a municipality to move the date of any
municipal election to a date concurrent with any statewide or countywide election provided the
election date and dates for qualifying for the election are specifically provided for in the
ordinance.
6
However, if the voting devices used in the county are not available to the
municipality during the statewide or countywide election, the municipality may provide that its
election will be held 30 days before or after the statewide or countywide election.
7
A member of the governing body of a municipality may be removed from office by the electors
of the municipality provided certain requirements are met.
8
If the requirements are met but the
municipal officer does not resign his or her office, a municipal recall election is held for the
removal of that officer.
9
A municipal recall election is held in conjunction with a general or
special election if such an election is held during the defined timeframe for conducting a recall
election.
10
A municipality pays for the printing and delivery of ballots and instruction cards for a municipal
election.
11
III. Effect of Proposed Changes:
SB 1416 requires elections for municipal offices to be held on the same date as the general
election.
If a municipal charter or ordinance requires a runoff format for the municipality’s elections:
• The municipality must hold its initial election on the same date as the primary election;
12
and
• The runoff must be held on the same date as the general election.
3
Id.
4
Section 100.3605(2), F.S.; see also s. 166.021(4), F.S.
5
Section 100.3605(2), F.S.
6
Section 101.75(3), F.S.
7
Section 101.75(1), F.S.
8
Section 100.361, F.S. Grounds for recall include malfeasance, misfeasance, neglect of duty, drunkenness, incompetence,
permanent inability to perform official duties, and a conviction of a felony involving moral turpitude.
9
Section 100.361(4), F.S.
10
Id.
11
Section 101.21, F.S.
12
The primary election is held on the Tuesday 11 weeks before the general election (s. 100.061, F.S.). BILL: SB 1416 Page 3
The bill specifies that it:
• Does not affect processes for filling vacancies in municipal offices or for municipal recall
elections.
• Supersedes any law, charter, or ordinance that conflicts with its establishment of municipal
election dates.
The bill adds municipal elections to the types of elections with which a recall election must be
held concurrently, if such an election is held during the defined timeframe for conducting a recall
election.
The bill also specifies that to provide for an orderly transition of office, the terms of incumbent
elected municipal officers are extended until the next municipal election held in accordance with
the bill’s provisions.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
This bill may require some municipalities to spend funds or take action requiring the
expenditure of funds in order to comply with the new election date requirements created
by the bill; however, Art. VII, section 18 of the Florida Constitution explicitly exempts
election laws from the county/municipality “mandates” provision within that section.
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. BILL: SB 1416 Page 4
B. Private Sector Impact:
None.
C. Government Sector Impact:
Indeterminate.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 100.3605 and
100.361.
This bill repeals the following section of the Florida Statutes: 101.75.
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.