HB 1221 2003
1	CHAMBER ACTION
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6	The Committee on Procedures recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to school district governance; authorizing
12	the creation of school district charter commissions in
13	each school district; providing purpose of commissions to
14	study and recommend changes to school district governance;
15	providing for appointment of members; providing for
16	submission of recommendations and for referendum approval;
17	providing a procedure for election of a district school
18	board chair by countywide vote in a school district with
19	an appointed district school superintendent; providing
20	requirements for submission of the proposition to electors
21	of the school district; providing an effective date.
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23	Be It Enacted by the Legislature of the State of Florida:
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25	Section 1. School district charter commissions.--
26	(1) Each district school board may create a school
27	district charter commission (SDCC) to study and recommend
28	changes to the school district governance. If the board of
29	county commissioners or the city council for the largest city in
30	the county requests the creation of a SDCC and the district
31	school board refuses to create such body, the board of county
32	commissioners or the city council may petition the legislative
33	delegation to create a SDCC.
34	(2) Each SDCC shall be comprised of 11 members who are
35	appointed by the district school board or the legislative
36	delegation, as applicable. The members shall include the
37	following:
38	(a) One representative of school teachers.
39	(b) One representative of organized labor.
40	(c) One person owning or operating a business.
41	(d) One representative of a homeowners' association.
42	(e) Two persons nominated by the chair of the board of
43	county commissioners and approved by the district school board
44	or the legislative delegation, as applicable.
45	(f) Two persons nominated by the mayor of the largest city
46	in the county and approved by the district school board or the
47	legislative delegation, as applicable.
48	(g) If a main campus of a state university is located in
49	the county, one person nominated by the president of the
50	university and approved by the district school board or the
51	legislative delegation, as applicable.
52	(h) Two persons appointed at large by the district school
53	board or the legislative delegation, as applicable.
54	(3) A SDCC must hold at least two public hearings and must
55	submit recommendations to the district school board or the
56	legislative delegation, as applicable. Recommendations may
57	include, but not be limited to, the following:
58	(a) The election of a school board chair by countywide
59	vote in a county in which the office of district school
60	superintendent is appointive, with the powers, duties, terms of
61	office, and salary of the chair to be established by the SDCC.
62	(b) The addition by special act proposed by the
63	legislative delegation to powers of a district school board
64	chair elected by countywide vote.
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66	A SDCC's recommendations must be submitted by the district
67	school board or the legislative delegation, as applicable, to
68	the supervisor of elections for referendum approval at the next
69	available general election.
70	(4)(a) If a SDCC recommends that the district school board
71	chair be elected by countywide vote in a school district in
72	which the office of district school superintendent is
73	appointive, a proposition shall be submitted to the electors of
74	the school district in either manner following:
75	1. The district school board may adopt a formal resolution
76	directing an election to be held to place the proposition on the
77	ballot; or
78	2. The electors of the school district may petition to
79	have the proposition placed on the ballot by presenting to the
80	district school board petitions signed by not less than 10
81	percent of the duly qualified electors residing within the
82	school district. The number of signatures required shall be
83	determined by the supervisor of elections according to the
84	number of registered electors in the school district as of the
85	date the petitioning electors register as a political committee
86	as provided in paragraph (b).
87	(b) The electors petitioning to have the proposition
88	placed on the ballot shall register as a political committee
89	pursuant to s. 106.03, Florida Statutes, and a specific person
90	shall be designated therein as chair of the committee to act for
91	the committee.
92	(c) Each petition form circulated shall include the
93	wording: "As a registered elector of the school district of
94	_____ County, Florida, I am petitioning for a referendum
95	election to determine whether the district school board chair
96	shall be elected by countywide vote." The petition shall also
97	include space for the signature and address of the elector. Each
98	signature obtained shall be dated when made and is valid for a
99	period of 4 years following that date.
100	(d) Upon the filing of the petitions with the district
101	school board by the chair of the committee, the district school
102	board shall submit the petitions to the supervisor of elections
103	for verification of the signatures. Within a period of not more
104	than 30 days, the supervisor of elections shall determine
105	whether the petitions contain the required number of valid
106	signatures. The supervisor of elections shall be paid by the
107	committee seeking verification the sum of 10 cents for each name
108	checked.
109	(e) If it is determined that the petitions have the
110	required signatures, the supervisor of elections shall certify
111	the petitions to the district school board, which shall adopt a
112	resolution requesting that an election date be set to conform to
113	the next available general election that occurs not less than 30
114	days after certification of the petitions. If it is determined
115	that the petitions do not contain the required signatures, the
116	supervisor of elections shall so notify the district school
117	board, which shall file the petitions without taking further
118	action, and the matter shall be at an end. No additional names
119	may be added to the petitions, and the petitions may not be used
120	in any other proceeding.
121	(f) A district school board may increase or decrease its
122	membership by one member through redistricting either
123	simultaneous with, or at any time after, the implementation of
124	the elected school board chair governance option pursuant to
125	this subsection.
126	(g) Any school district adopting the proposition set forth
127	in this subsection may thereafter return to the procedure
128	otherwise provided by law by following the same procedure
129	outlined in this subsection.
130	(h) If the district school board chair is elected by
131	countywide vote pursuant to this subsection, the vice chair of
132	the district school board shall be elected by the members of the
133	district school board.
134	Section 2. This act shall take effect July 1, 2003.
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