HB 1221 2003
1	A bill to be entitled
2	An act relating to district school boards; creating s.
3	1001.3715, F.S.; providing a procedure for election of a
4	district school board chair by countywide vote in a school
5	district with an appointed district school superintendent;
6	providing requirements for submission of the proposition
7	to electors of the school district; providing for election
8	of a district school board vice chair by the district
9	school board; creating s. 1001.3717, F.S.; providing
10	powers and duties, terms of office, and salary of a
11	district school board chair elected by countywide vote;
12	providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Section 1001.3715, Florida Statutes, is created
17	to read:
18	1001.3715 Alternate procedure for election of district
19	school board chair in school district with appointed
20	superintendent; election of vice chair.--
21	(1) The district school board chair shall be elected in
22	accordance with the provisions of s. 1001.371 unless, in a
23	school district in which the office of district school
24	superintendent is appointive pursuant to s. 1001.461, a
25	proposition calling for the district school board chair to be
26	elected by countywide vote is submitted to and approved by a
27	majority of the qualified electors voting on such proposition in
28	the manner provided in subsection (2).
29	(2) A proposition calling for the district school board
30	chair to be elected by countywide vote shall be submitted to the
31	electors of the school district at any primary, general, or
32	otherwise-called special election, in either manner following:
33	(a) The district school board may adopt a formal
34	resolution directing an election to be held to place the
35	proposition on the ballot; or
36	(b) The electors of the school district may petition to
37	have the proposition placed on the ballot by presenting to the
38	district school board petitions signed by not less than 10
39	percent of the duly qualified electors residing within the
40	school district. The number of signatures required shall be
41	determined by the supervisor of elections according to the
42	number of registered electors in the school district as of the
43	date the petitioning electors register as a political committee
44	as provided in subsection (3).
45	(3) The electors petitioning to have the proposition
46	placed on the ballot shall register as a political committee
47	pursuant to s. 106.03, and a specific person shall be designated
48	therein as chair of the committee to act for the committee.
49	(4) Each petition form circulated shall include the
50	wording: "As a registered elector of the school district of
51	_____ County, Florida, I am petitioning for a referendum
52	election to determine whether the district school board chair
53	shall be elected by countywide vote." The petition shall also
54	include space for the signature and address of the elector. Each
55	signature obtained shall be dated when made and is valid for a
56	period of 4 years following that date.
57	(5) Upon the filing of the petitions with the district
58	school board by the chair of the committee, the district school
59	board shall submit the petitions to the supervisor of elections
60	for verification of the signatures. Within a period of not more
61	than 30 days, the supervisor of elections shall determine
62	whether the petitions contain the required number of valid
63	signatures. The supervisor of elections shall be paid by the
64	committee seeking verification the sum of 10 cents for each name
65	checked.
66	(6) If it is determined that the petitions have the
67	required signatures, the supervisor of elections shall certify
68	the petitions to the district school board, which shall adopt a
69	resolution requesting that an election date be set to conform to
70	the earliest primary, general, or otherwise-called special
71	election that occurs not less than 30 days after certification
72	of the petitions. If it is determined that the petitions do not
73	contain the required signatures, the supervisor of elections
74	shall so notify the district school board, which shall file the
75	petitions without taking further action, and the matter shall be
76	at an end. No additional names may be added to the petitions,
77	and the petitions may not be used in any other proceeding.
78	(7) No special election may be called for the sole purpose
79	of presenting the proposition to the vote of the electors.
80	(8) Any school district adopting the proposition set forth
81	in this section may thereafter return to the procedure otherwise
82	provided by law by following the same procedure outlined in
83	subsection (2).
84	(9) The vice chair of the district school board shall be
85	elected by the members of the district school board.
86	Section 2. Section 1001.3717, Florida Statutes, is created
87	to read:
88	1001.3717 District school board chair elected by
89	countywidevote; powers and duties; terms; salary.--
90	(1) Notwithstanding any other provision of law, a district
91	school board chair elected by countywide vote pursuant to s.
92	1001.3715 may exercise the following powers and duties:
93	(a) Serve as chief executive officer of the school
94	district.
95	(b) Hire the district school superintendent, subject to
96	district school board confirmation.
97	(c) Hire deputy district school superintendents and school
98	district department directors, subject to district school board
99	confirmation.
100	(d) Oversee all school district employees, with power to
101	hire, fire, and take other personnel actions.
102	(e) Oversee all operations of the school district.
103	(f) Oversee all capital improvement projects in the school
104	district.
105	(g) Prepare the annual budget for approval by the district
106	school board.
107	(h) Prepare district school board meeting agendas.
108	(i) Chair all district school board meetings.
109	(j) Vote on all district school board actions.
110	(k) Prepare and propose new or amended school district
111	policies and rules for district school board consideration.
112	(l) Prepare and propose purchases of goods, services, and
113	realty for district school board consideration.
114	(m) Oversee the management of all district school board
115	property and records.
116	(n) Enforce all policies of the district school board.
117	(o) Take all other actions that are executive in nature.
118	(2) A district school board chair elected by countywide
119	vote pursuant to s. 1001.3715 shall be limited to two 4-year
120	terms.
121	(3) The salary of a district school board chair elected by
122	countywide vote pursuant to s. 1001.3715 shall be set by
123	district school board resolution, but shall not be less than
124	four times the compensation of each district school board
125	member.
126	Section 3. This act shall take effect July 1, 2003.