Florida Senate - 2025 SB 1456 By Senator Collins 14-00674B-25 20251456__ 1 A bill to be entitled 2 An act relating to elections of county commissioners, 3 district school board members, and district school 4 superintendents; amending s. 124.01, F.S.; requiring 5 county commissioners to be nominated and elected by 6 qualified electors who reside in the same county 7 commission district as the commissioner; requiring 8 membership of a board of county commissioners to be 9 based on certain population criteria for each county; 10 authorizing a board of county commissioners to have 11 more commissioners and districts than prescribed; 12 requiring commissioners to be elected at a specified 13 time and terms to be staggered; providing 14 applicability; repealing s. 124.011, F.S., relating to 15 an alternate procedure for the election of county 16 commissioners to provide for single-member 17 representation; amending s. 100.041, F.S.; conforming 18 a provision to changes made by the act; amending s. 19 1001.34, F.S.; revising the membership of district 20 school boards; requiring membership to be based on 21 certain population criteria for each county; 22 authorizing a district school board, within a 23 specified time, to adopt a resolution to increase its 24 membership; repealing s. 1001.36, F.S., relating to 25 district school board member residence areas; amending 26 s. 1001.361, F.S.; requiring members of the district 27 school board to be elected by the qualified electors 28 who reside in the same school district as the member; 29 repealing s. 1001.362, F.S., relating to an alternate 30 procedure for the election of district school board 31 members to provide for single-member representation; 32 amending s. 1001.46, F.S.; revising provisions 33 relating to the election and term of office for 34 district school superintendents; repealing s. 35 1001.461, F.S., relating to procedures for making the 36 office of district school superintendent an appointive 37 office; amending ss. 1001.38, 1001.50, and 1011.10, 38 F.S.; conforming provisions to changes made by the 39 act; amending s. 1002.32, F.S.; conforming cross 40 references; providing a contingent effective date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1.Section 124.01, Florida Statutes, is amended to 45 read: 46 124.01Election of Division of counties into districts; 47 county commissioners to provide for single-member 48 representation; applicability. 49 (1)There shall be five county commissioners districts in 50 each county, which shall be numbered one to five, inclusive, and 51 shall be as nearly equal in proportion to population as 52 possible. 53 (2)There shall be one county commissioner for each of such 54 county commissioners districts, who shall be nominated and 55 elected by the qualified electors who reside in the same county 56 commission district as the commissioner of the county, as 57 provided by s. 1(e), Art. VIII of the State Constitution. The 58 membership of a board of county commissioners shall be based on 59 the population of each county, according to the last state 60 census, as follows: 61 (a)In each county having a population of 2.5 million or 62 more: 13 members. 63 (b)In each county having a population of 1.25 million or 64 more but less than 2.5 million: 9 members. 65 (c)In each county having a population of 750,000 or more 66 but less than 1.25 million: 7 members. 67 (d)In each county having a population of less than 68 750,000: 5 members. 69 70 However, a board of county commissioners may have more 71 commissioners and districts than those prescribed based on 72 population. 73 (2)At the general election immediately following 74 redistricting directed by s. 1(e), Art. VIII of the State 75 Constitution, each commissioner must be elected and terms 76 thereafter shall be staggered as provided in s. 100.041. 77 (3)(a)The board of county commissioners shall, from time 78 to time, fix the boundaries of the county commissioners 79 districts so as to keep them as nearly equal in proportion to 80 population as practicable, provided that changes made in the 81 boundaries of county commissioner districts pursuant to this 82 section may not be made in the 270 days before a regular general 83 election for the board of county commissioners. 84 (b)Districts may not be drawn with the intent to favor or 85 disfavor a candidate for county commission or an incumbent 86 county commissioner based on the candidates or incumbents 87 residential address. 88 (c)Any ordinance enacted or adopted by a county on or 89 after July 1, 2025 2023, which is in conflict with this 90 subsection is void. 91 (4)(5)Except as otherwise provided in subsection (5), this 92 section applies to all counties in this state, including charter 93 counties shall not apply to Miami-Dade County. 94 (5)This section does not apply to a county that has a 95 system of local government under which the mayor serves as the 96 chair of the board of county commissioners and is the executive 97 head of the county. In such counties, the mayor shall be elected 98 at large. 99 Section 2.Section 124.011, Florida Statutes, is repealed. 100 Section 3.Paragraph (a) of subsection (2) of section 101 100.041, Florida Statutes, is amended to read: 102 100.041Officers chosen at general election. 103 (2)(a)Except as provided in s. 124.011 relating to single 104 member districts after decennial redistricting, Each county 105 commissioner from an odd-numbered district shall be elected at 106 the general election in each year the number of which is a 107 multiple of 4, for a 4-year term commencing on the second 108 Tuesday following such election, and each county commissioner 109 from an even-numbered district shall be elected at the general 110 election in each even-numbered year the number of which is not a 111 multiple of 4, for a 4-year term commencing on the second 112 Tuesday following such election. A county commissioner is 113 elected for purposes of this paragraph on the date that the 114 county canvassing board certifies the results of the election 115 pursuant to s. 102.151. 116 Section 4.Section 1001.34, Florida Statutes, is amended to 117 read: 118 1001.34Membership of district school board. 119 (1)(a)Each district school board shall be composed of not 120 less than five members. The membership of a district school 121 board shall be based on the population of each county, according 122 to the last state census, as follows: 123 1.In each county having a population of 2.5 million or 124 more: 13 members. 125 2.In each county having a population of 1.25 million or 126 more but less than 2.5 million: 9 members. 127 3.In each county having a population of 750,000 or more 128 but less than 1.25 million: 7 members. 129 4.In each county having a population of less than 750,000: 130 5 members. 131 132 However, a district school board may have more members and 133 districts than those prescribed based on population. 134 (b)Each member of the district school board shall be a 135 qualified elector of the school district in which she or he 136 serves, shall be a resident of the school district school board 137 member residence area from which she or he is elected, and shall 138 maintain said residency throughout her or his term of office. 139 (2)(a)A district school board may modify the number of 140 members on its board by adopting a resolution that establishes 141 the total number of members on the board, which may not be less 142 than five, and the number of members who shall be elected by 143 districts residence areas or elected at large. The resolution 144 must specify an orderly method and procedure for modifying the 145 membership of the board, including staggering terms of 146 additional members as necessary. If the resolution is adopted, 147 the district school board shall submit to the electors for 148 approval at a referendum held at the next primary or general 149 election the question of whether the number of board members 150 should be modified in accordance with the resolution adopted by 151 the district school board. If the referendum is approved, 152 election of additional school board members may occur at any 153 primary, general, or otherwise-called special election. 154 (b)By July 1, 2027, a district school board may adopt a 155 resolution to increase its membership pursuant to this section. 156 The district school board shall submit to the electors for 157 approval at a referendum held at the next primary or general 158 election the question of whether the number of board members 159 should be increased in accordance with the resolution adopted by 160 the district school board. If the referendum is approved, 161 election of additional school board members may occur at the 162 next primary, general, or otherwise-called special election. 163 Section 5.Section 1001.36, Florida Statutes, is repealed. 164 Section 6.Section 1001.361, Florida Statutes, is amended 165 to read: 166 1001.361Election of district school board members to 167 provide for single-member representation by districtwide vote. 168 Notwithstanding any provision of local law, or any county 169 charter, the election of members of the district school board 170 shall be elected by must be by vote of the qualified electors 171 who reside in the same school district as the member of the 172 entire district in a nonpartisan election as provided in chapter 173 105. Each elected candidate for district school board member 174 must, by the date she or he assumes office, be a resident of the 175 school district school board member residence area from which 176 she or he was elected. Each candidate who qualifies to have her 177 or his name placed on the ballot must be listed according to the 178 school district school board member residence area in which she 179 or he is a candidate. Each qualified elector of the district is 180 entitled to vote for one candidate from each district school 181 board member residence area. The candidate from each school 182 district school board member residence area who receives the 183 highest number of votes in the general election shall be elected 184 to the district school board. 185 Section 7.Section 1001.362, Florida Statutes, is repealed. 186 Section 8.Section 1001.46, Florida Statutes, is amended to 187 read: 188 1001.46District school superintendent; election and term 189 of office.The district school superintendent shall be elected 190 for a term of 4 years or until the election or appointment and 191 qualification of his or her successor. 192 Section 9.Section 1001.461, Florida Statutes, is repealed. 193 Section 10.Section 1001.38, Florida Statutes, is amended 194 to read: 195 1001.38Vacancies; how filled.The office of any district 196 school board member shall be vacant when the member removes his 197 or her residence from the school district school board member 198 residence area from which he or she was elected. All vacancies 199 on the district school board shall be filled by appointment by 200 the Governor. 201 Section 11.Subsection (2) of section 1001.50, Florida 202 Statutes, is amended to read: 203 1001.50Superintendents employed under Art. IX of the State 204 Constitution. 205 (2)Each district school board shall enter into an 206 employment contract with the district school superintendent and 207 shall adopt rules relating to his or her appointment; however, 208 if the employment contract contains a provision for severance 209 pay, it must include the provisions required by s. 215.425. 210 Section 12.Subsection (3) of section 1011.10, Florida 211 Statutes, is amended to read: 212 1011.10Penalty. 213 (3)If any of the conditions identified in s. 218.503(1) 214 exist within a school district, the salary of each district 215 school board member and district superintendent, calculated 216 pursuant to ss. 1001.395 and 1001.47, shall be withheld until 217 the conditions are corrected. This subsection does not apply to 218 a district school board member or district superintendent 219 elected or appointed within 1 year after the identification of 220 the conditions in s. 218.503(1) if he or she did not participate 221 in the approval or preparation of the final school district 222 budget adopted before the identification of such conditions. 223 Section 13.Paragraph (a) of subsection (10) of section 224 1002.32, Florida Statutes, is amended to read: 225 1002.32Developmental research (laboratory) schools. 226 (10)EXCEPTIONS TO LAW.To encourage innovative practices 227 and facilitate the mission of the lab schools, in addition to 228 the exceptions to law specified in s. 1001.23(1), the following 229 exceptions shall be permitted for lab schools: 230 (a)The methods and requirements of the following statutes 231 shall be held in abeyance: ss. 316.75; 1001.30; 1001.31; 232 1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362; 233 1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39; 234 1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46; 235 1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48; 236 1001.49; 1001.50; 1001.51; 1006.12(2); 1006.21(3), (4); 1006.23; 237 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43; 1010.44; 238 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50; 1010.51; 239 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3), (5); 240 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71; 1011.72; 241 1011.73; and 1011.74. 242 Section 14.This act shall take effect on the effective 243 date of the amendment to the State Constitution proposed by SJR 244 1454, or a similar joint resolution having substantially the 245 same specific intent and purpose, if such amendment to the State 246 Constitution is approved at the next general election or at an 247 earlier special election specifically authorized by law for that 248 purpose.