Subject:
Title
Proposed Amendment to the Brevard County Home Rule Charter to Align the School Board Member Residence Areas with the County Commission Districts
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Fiscal Impact:
An estimated savings to taxpayers of $30,500 each time redistricting occurs, a one-time estimated cost of $15,000 for review by three-attorney panel, and the cost of a referendum election.
Dept/Office:
District 3 Commission Office
Requested Action:
Recommendation
It is requested that the Board of County Commissioners (1) adopt the attached resolution proposing an amendment to the Brevard County Home Rule Charter to align School Board member residence areas with County Commission districts; (2) authorize staff to submit the proposed Charter amendment and ballot language to the three-attorney panel which reviews proposed Charter amendments for compliance with the Florida Constitution, Florida Law, and the Brevard County Charter, and to determine whether the proposed amendment embraces only one subject; and (3) if at least two members of the panel approve of the proposed amendment, provide for placement of the proposed amendment at a referendum held concurrently with the November 5, 2024 general election.
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Summary Explanation and Background:
Following the re-drawing of the Brevard County Board of County Commission district boundaries, the School Board of Brevard County voted on May 30, 2023 to align their School Board member residence areas with the five County Commission districts. This was a great step towards transparency and avoiding confusion to voters.
Section 2.2 of the Brevard County Home Rule Charter outlines the procedure in which the Board of County Commissioners shall redraw their district boundary lines, but this is completely separate and apart from the redistricting procedures of the Brevard County School Board. The proposed Charter amendment provides that when the five County Commission districts are redrawn, the five School Board member residence areas shall also be redrawn so that they share the same boundaries as the County Commission district of the same number.
Should the Board approve the attached resolution, the amendment would need to be reviewed by a three-attorney panel, which would require a one-time cost of an estimated $15,000. The deadline for the three-attorney panel to review the amendment is August 19, 2024. Should the Board pass the resolution and at least two members of the three-attorney panel find the amendment to be consistent with the Florida Constitution, general law, and the Charter, the amendment will be placed on the 2024 ballot. If the deadline should pass before the panel is able to successfully complete its review, the amendment will be placed on the 2026 ballot.
The amendment would also establish a new rulemaking authority, which will be a joint redistricting committee with an equal number of members representing the School Board and the Board of County Commissioners. The cost of the redistricting process is approximately $30,500 to the County for legal ads and GIS software licenses each time redistricting occurs. The School Board bears its own cost for the same process. Aligning the two entities’ districts would eliminate duplicate fees and cut the cost to taxpayers in half.
It should be noted that even if the amendment is adopted and the School Board member residence areas are aligned with the County Commission districts following each redistricting, the School Board will retain the authority to “make any change that it deems necessary in the boundaries of any school board member residence area at any meeting of the district school board, provided that such changes are not made in the 270 days before a general election and that no change that would affect the residence qualifications of any incumbent member disqualifies such incumbent member during the term for which he or she is elected.” Section 1001.36(2), Florida Statutes. Therefore, the Charter amendment would not and cannot guarantee that the School Board member residence areas and County Commission districts will remain aligned.
Clerk to the Board Instructions: