SB 438 — Term Limits

Florida Senate - 2024 CS for CS for SB 438 By the CommitteesCommittee on Rules;Community Affairs;

and CommunitySenator Affairs;Ingoglia 578-03040-24 2024438c1 A bill to be entitled An act relating to term limits;

andcreating Senators. Ingoglia 595-03782-24 2024438c2 A bill to be entitled An act relating to term limits;

requiring124.012, specifiedF.S.; counties to hold a certain referendum election on a specified date;

authorizing certain counties to hold additional referendum elections that coincide with any future general election under specified circumstances;

requiring that such referendum be conducted in accordance with the Florida Election Code;

providing that term limits apply in certain counties beginning on a specified date;

providing construction;

prohibiting initiatives or referendum processes regarding term limits which are not specifically provided for by the act;

providing that a certain prohibition against the use of public funds by local governments applies to the referendum required by this act;

requiring specified counties to hold a referendum election on a specified date;

providing the form for the ballot title and referendum questions;

requiring that the referendum be conducted in accordance with the Florida Election Code;

providing construction;

requiring certain counties to hold a referendum election on a specified date;

providing for the referendum election;

providing the form for the ballot title and referendum question;

Page124.012 1Term limits of 5county CODING:commissioners.— (1) Notwithstanding the terms of any county charter to the contrary, a person may not appear on the ballot for reelection to the office of county commissioner if, by the end of his or her current term of office, the person will have served, or but for resignation would have served, in that office for 8 consecutive years.

The person may not qualify for or appear on the ballot for a different district seat of the county commission or an at-large county commission seat of the county after his or her initial 8-year term of office until 2 years after the end date of his or her initial term.

(2) The term limits imposed by this section apply to counties in which term limits are not imposed by a county Page 1 of 3 CODING:

Florida Senate - 2024 CS for CS for SB 438 595-03782-24578-03040-24 2024438c22024438c1 124.012charter Termas limits of countyJuly commissioners.—1, (1)2024, Theand followingservice countiesof shalla holdterm aof referendumoffice electionwhich thatcommenced coincidesbefore withNovember the5, 20242024, generalmay electionnot tobe determinecounted whethertoward the termlimitation limits imposed by this sectionsection. shall apply to their county commissioners:

(a)(3)(a) EachThis nonchartersection county;does not supersede any term limit imposed by a county charter which is more restrictive than the term limit imposed by this section and does not authorize a person subject to such term limits to serve an additional 8 consecutive years.

(b) EachA charter county whose charter doesauthorizes notcounty imposecommissioners termto serve longer than the limits onimposed countyby commissionersthis assection ofshall Julyhold 1,a 2024;referendum election that coincides with the 2024 general election to determine whether the limits imposed by this section shall apply to such county.

andIn (c)the Eachevent chartersuch county whoserejects charter,the asterm oflimits Julyimposed 1,by 2024,this imposessection, termthis limitssection longerdoes thannot 8apply. consecutive years.

(2) Notwithstanding the prohibition in subsection (4), a county whose voters rejected the referendum required by subsection (1) may hold a referendum election that coincides with any future general election to determine whether the county shall adopt term limits of 8 consecutive years.

Such referendum election must be conducted by the supervisor of elections for each county in accordance with the Florida Election Code.

(3) Beginning November 3, 2026, except as provided in s.

124.011 relating to single-member districts after decennial redistricting, the term limits in this section apply to county commissioners in each county whose voters approved the referendum required by subsection (1).

In such county, a person may not appear on the ballot for reelection to the office of county commissioner if, by the end of his or her current term of office, the person will have served or, but for resignation, would have served in that office for 8 consecutive years.

A person who has served in the office of county commissioner for 8 consecutive years may not qualify for a different district seat of the county commission or an at-large county commission seat Page 2 of 5 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for CS for SB 438 595-03782-24 2024438c2 of that county with a term of office beginning less than 2 years after his or her 8 consecutive years in office have ended.

Service of a term of office commenced before November 3, 2026, may not be counted toward the limitation imposed by this section.

(4) Except as provided in this section, an initiative or a referendum process regarding term limits of county commissioners is prohibited.

(5) The prohibition against use of public funds by local governments specified in s.

106.113 applies to a referendum conducted pursuant to this section.

Referendum election.— (1) EachA nonchartercharter county;county whose charter limits county commissioners from serving for a period longer than 8 consecutive years shall hold a referendum election on November 5, 2024.

each charter county whose charter does not impose term limits on county commissioners as of July 1, 2024;

and each charter county whose charter, as of July 1, 2024, imposes term limits longer than 8 consecutive years on county commissioners shall hold a referendum election on November 5, 2024.