How could Florida county voters petition for single-member county commission districts in 2007?

Plain-English summary

Representative Hugh Gibson asked about procedures for county elections. The Attorney General's office responded with a brief informal explanation of section 124.011, Florida Statutes, the alternative procedure for electing county commissioners from single-member districts. At the time, county voters could petition to put the proposition on the ballot with signatures from “not less than ten percent of the duly qualified electors of the county.” The supervisor of elections determined the required number from registered-elector figures at a specified date.

The letter also identified a political-committee registration requirement, a designated committee chair, statutory petition language, and filing procedures under subsection (6). It said the statute prohibited a special election called solely to present the proposition. The letter did not resolve a disputed petition, calculate a county's signature count, or describe the result of a vote.

Currency note

This opinion was issued in 2007. Subsequent statutory amendments, court decisions, or later
AG opinions may have changed the analysis. Treat this page as historical context, not current
legal advice. Verify current law before relying on any specific rule, deadline, or remedy
mentioned here.

Common questions

How many signatures did a 2007 petition need?
The letter said at least ten percent of the county's duly qualified electors, with the supervisor of elections determining the required count based on registration at a date certain. It did not provide a number for any county.

Did petitioners have to form a political committee?
Yes, under the statute as the letter described it. The electors seeking ballot placement had to register as a political committee under section 106.03 and name a chair to act for it.

Could the county hold a special election only for this question?
The letter said section 124.011 prohibited calling a special election for the sole purpose of presenting the single-member-representation proposition.

Background and statutory framework

Section 124.011 supplied the alternative election procedure. The letter pointed to its subsections on the signature count, committee registration, petition form, filing with county commissioners, and the special-election limit. Its references to prior AG opinions and annotated statute copies were enclosures, not substantive analysis reproduced in this record.

Citations and references

• Section 124.011, Florida Statutes: single-member representation petition procedure.
• Section 106.03, Florida Statutes: political-committee registration referenced by the letter.

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/county-commissioners-single-member-representation
• Official print view: https://www.myfloridalegal.com/print/pdf/node/8286

Original opinion text

The Honorable Hugh H. Gibson, III

Representative, District 42

Florida House of Representatives

916 Avenida Central

The Villages, Florida 32159-5704

Dear Representative Gibson:

Thank you for contacting the Florida Attorney General's Office regarding procedures for elections. Attorney General McCollum has asked me to respond to your letter.

Section 124.011, Florida Statutes, provides an alternate procedure for the election of county commissioners by single-member representation. The electors of a county may petition to have a proposition calling for single-member representation placed on the ballot by presenting a petitions to the board of county commissioners that have been signed by not less than ten percent of the duly qualified electors of the county. The required number of signatures must be determined by the supervisor of elections based on the number of registered electors in the county at a date certain.[1] The statute requires the electors petitioning to have the proposition placed on the ballot to register as a political committee pursuant to section 106.03 and a specific person must be designated as the chair of the committee to act on behalf of the committee.[2] The statute sets forth the language required to be contained in the petition form circulated for signatures.[3] The procedure for filing the petitions with the board of county commissioners is set forth in subsection (6) of the statute. Section 124.011, Florida Statutes, prohibits the calling of a special election for the sole purpose of presenting the proposition to the electors.[4]

I trust that these informal comments will be helpful to you and trust that you will contact us in the future if we can be of assistance to you. I am enclosing copies of Attorney General Opinions that have been issued previously on this statute and also enclose a copy of the statute with annotations of cases decided under section 124.011.

Sincerely,

Gerry Hammond

Senior Assistant Attorney General

GH/t

Enclosure

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[1] Section 124.011(3)(b), Fla. Stat.

[2] Section 124.011(4), Fla. Stat.

[3] Section 124.011(5), Fla. Stat.

[4] Section 124.011(8), Fla. Stat.