HB 1607

CS

CHAMBER ACTION

1	The Committee on Local Government & Veterans' Affairs recommends
2	the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the South Broward Drainage District,
8	Broward County; amending chapter 98-524, Laws of Florida;
9	providing for the number of supervisors of the district;
10	providing single-member zones; providing the method of
11	election of supervisors; providing the qualifications of
12	supervisors; providing the term of office for supervisors;
13	providing that the officers of the district shall be
14	members of the board of supervisors; providing for the
15	limitation of supervisors' benefits; deleting obsolete
16	provisions; providing for a referendum with respect to
17	increasing the number of supervisors of the district from
18	six to seven and with respect to changing the method of
19	voting for supervisors of the district by landowners of
20	the district to qualified electors of the district;
21	providing severability; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Sections 10 and 14 of section 2 of chapter 98-
26	524, Laws of Florida, are amended to read:
27	Section 10.  Board of supervisors; election; organization;
28	terms of office; benefits; quorum; report and minutes.--
29	(1)  The board of supervisors of the district shall be the
30	governing body of the district and shall exercise the powers
31	granted to the district under this act and under chapter 298,
32	Florida Statutes.  The board shall consist of six members, until
33	the first meeting of the board following certification of the
34	November 2008 election, and seven members thereafter.  and,
35	Except as otherwise provided herein, each member shall hold
36	office for a term of 4 years and until his or her successor
37	shall be chosen and shall qualify.  A majority of the members of
38	the board shall be residents of Broward County.  All of the
39	members of the board shall be residents of the State of Florida
40	and shall own land lying within the boundaries of the district.
41	(2)  Beginning with the November 2006 election, a candidate
42	for the office of supervisor shall, at the time of his or her
43	qualification for office, be a qualified elector of the South
44	Broward Drainage District and shall qualify with the county
45	supervisor of elections in accordance with the Florida Election
46	Code and this act. To be a qualified candidate of the South
47	Broward Drainage District, he or she shall, at the time of his
48	or her qualification, have continuously resided within the
49	boundaries of the district and within the respective zone that
50	he or she may represent for the 60 days immediately preceding
51	his or her qualifying for office and until he or she is inducted
52	into office. Each supervisor shall reside within the district
53	and within the geographical zone he or she represents during his
54	or her entire term in office, but any supervisor who has the
55	boundaries of his or her zone changed and because of said change
56	no longer resides within the zone he or she represents shall
57	remain in office until the normal expiration of his or her term.
58	(3)(2)  Notwithstanding any other provision of this act,
59	the persons who are members of the board of supervisors of the
60	district in office when this act takes effect shall constitute
61	the members of the board until the next election for their
62	seats. Those members of the board whose terms expire in June
63	2006 shall remain members of the board and their terms shall be
64	extended from June 2006 until their successors are inducted into
65	office at the first regularly scheduled meeting of the board
66	following certification of the November 2006 general election.
67	Those members of the board whose terms expire in June 2008 shall
68	remain members of the board and their terms shall be extended
69	from June 2008 until their successors are inducted into office
70	at the first regularly scheduled meeting of the board following
71	certification of the November 2008 general election.
72	(4)  After the effective date of this act, except as stated
73	herein, all supervisors shall be elected by the qualified
74	electors of the district on a nonpartisan basis. Except as
75	stated herein, the seven supervisors shall be elected from seven
76	single-member zones which shall be identified as Zone 1, Zone 2,
77	Zone 3, Zone 4, Zone 5, Zone 6, and Zone 7. The supervisors
78	shall be elected from the registered voters of each respective
79	zone.
80	(5)  That part of the district located within the
81	district's seven zones is as follows:
82	(a)  Zone 1:
83	All of Sections 31, 32 and 33 of Township 50 South,
84	Range 40 East,
85	Together with;
86	All of Sections 4, 5, 6, and 7 of Township 51 South,
87	Range 40 East,
88	Together with;
89	All of Sections 34, 35 and 36 of Township 50 South,
90	Range 39 East,
91	Together with;
92	All of Sections 1, 2, 3, 10, 11 and 12 of Township 51
93	South, Range 39 East,
94	Together with;
95	All of Sections 28, 29 and 30 of Township 50 South,
96	Range 40 East lying south of the South Florida Water
97	Management District Canal C-11 right-of-way,
98	Together with;
99	All of Sections 25, 26 and 27 of Township 50 South,
100	Range 39 East lying south of the South Florida Water
101	Management District Canal C-11 right-of-way,
102	Together with;
103	The North one-half (N 1/2) of Section 18, of Township
104	51 South, Range 40 East,
105	Together with;
106	The North one-half (N 1/2) of Sections 13, 14 and 15
107	of Township 51 South, Range 39 East.
108	(b)  Zone 2:
109	All of Sections 19, 30, 31 and 32 of Township 51
110	South, Range 40 East,
111	Together with;
112	The South one-half (S 1/2) of Sections 18 and 29 of
113	Township 51 South, Range 40 East,
114	Together with;
115	All of the South one-half (S 1/2) of Section 28 of
116	Township 51 South, Range 40 East lying west of the
117	centerline of the Interstate Highway I-75 right-of-
118	way,
119	Together with;
120	All of Sections 22, 23, 24, 25, 26, 27, 34, 35 and 36
121	of Township 51 South, Range 39 East,
122	Together with;
123	The South one-half (S 1/2) of Sections 13, 14 and 15
124	of Township 51 South, Range 39 East,
125	Together with;
126	All of Section 33 of Township 51 South, Range 40 East
127	lying west of the centerline of the Interstate Highway
128	I-75 right-of-way.
129	(c)  Zone 3:
130	All of the South one-half (S 1/2) of Section 15 of
131	Township 51 South, Range 40 East lying west of the
132	centerline of the Interstate Highway I-75 right-of-
133	way,
134	Together with;
135	All of the North one-half (N 1/2) of Section 22 of
136	Township 51 South, Range 40 East lying west of the
137	centerline of the Interstate Highway I-75 right-of-
138	way,
139	Together with;
140	All of Sections 8, 9, 10, 11, 16 and 17 of Township 51
141	South, Range 40 East,
142	Together with;
143	The North one-half (N 1/2) of Sections 14, 15, 20 and
144	21 of Township 51 South, Range 40 East.
145	(d)  Zone 4:
146	All of Sections 23, 26, 27, 34, 35 and 36 of Township
147	51 South, Range 40 East,
148	Together with;
149	All of Section 30 of Township 51 South, Range 41 East,
150	Together with;
151	The South one-half (S 1/2) of Section 19 of Township
152	51 South, Range 41 East,
153	Together with;
154	The South one-half (S 1/2) of Sections 14, 20, 21, 22
155	and 25 of Township 51 South, Range 40 East,
156	Together with;
157	All of the South one-half (S 1/2) of Sections 15 and
158	28 of Township 51 South, Range 40 East lying east of
159	the centerline of the Interstate Highway I-75 right-
160	of-way,
161	Together with;
162	The North one-half (N 1/2) of Sections 28 and 29 of
163	Township 51 South, Range 40 East,
164	Together with;
165	All of the North one-half (N 1/2) of Section 22 of
166	Township 51 South, Range 40 East lying east of the
167	centerline of the Interstate Highway I-75 right-of-
168	way,
169	Together with;
170	All of Section 33 of Township 51 South, Range 40 East
171	lying east of the centerline of the Interstate Highway
172	I-75 right-of-way.
173	(e)  Zone 5:
174	All of Sections 12, 13 and 24 of Township 51 South,
175	Range 40 East,
176	Together with;
177	All of Section 7 of Township 51 South, Range 41 East,
178	Together with;
179	The North one-half (N 1/2) of Section 18 of Township
180	51 South, Range 41 East,
181	Together with;
182	The North one-half (N 1/2) of Section 25 of Township
183	51 South, Range 40 East.
184	(f)  Zone 6:
185	All of Sections 8, 17, 20 and 29 of Township 51 South,
186	Range 41 East,
187	Together with;
188	The South one-half (S 1/2) of Section 18 of Township
189	51 South, Range 41 East,
190	Together with;
191	The North one-half (N 1/2) of Sections 9 and 19 of
192	Township 51 South, Range 41 East.
193	(g)  Zone 7:
194	All of Sections 15, 16, 21 and 28 of Township 51
195	South, Range 41 East,
196	Together with;
197	The South one-half (S 1/2) of Sections 9 and 10 of
198	Township 51 South, Range 41 East,
199	Together with;
200	The Southwest one-quarter (SW 1/4) of Section 11 of
201	Township 51 South, Range 41 East,
202	Together with;
203	The Northwest one-quarter (NW 1/4) of Section 14 of
204	Township 51 South, Range 41 East,
205	Together with;
206	The North one-half (N 1/2) of Section 22 of Township
207	51 South, Range 41 East.
208	(6)  Commencing with the first regularly scheduled meeting
209	of the board following certification of the November 2008
210	general election, except as stated in this act, the board shall
211	be composed of seven members as follows:
212	(a)  Three supervisors shall be elected in the general
213	election of November 2006. At the November 2006 general
214	election, one supervisor shall be elected from the combined
215	registered voters from Zones 1 and 2, one supervisor shall be
216	elected from the combined registered voters from Zones 3 and 4,
217	and one supervisor shall be elected from the combined registered
218	voters from Zones 5, 6, and 7. The supervisors elected in
219	November 2006 shall serve until their terms expire in November
220	2010.
221	(b)  In the general election of November 2008, and in the
222	November general election of every fourth year thereafter, one
223	supervisor shall be elected from the zone in which the
224	supervisor elected in 2006 from Zones 1 and 2 is not a resident,
225	one supervisor shall be elected from the zone in which the
226	supervisor elected in 2006 from Zones 3 and 4 is not a resident,
227	and one supervisor shall be elected from each of the two zones
228	in which the supervisor elected in 2006 from Zones 5, 6, and 7
229	is not a resident.
230	(c)  In the general election of November 2010, the zones in
231	which the supervisors elected in 2006 reside and whose terms of
232	office expire in November 2010 shall be designated as the zones
233	whose representatives shall be elected in 2010 and in the
234	November general election of every fourth year thereafter.
235	(d)  If only one candidate qualifies for an office, that
236	candidate shall be deemed elected. If two or more candidates
237	qualify for an office, the names of those candidates shall be
238	placed on the ballot for the designated November general
239	election.
240	(e)  The candidate receiving the highest number of votes
241	cast for the office of supervisor for each respective zone at
242	each respective election shall be declared elected to such
243	office. If the vote results in a tie, the outcome shall be
244	determined by lot.
245	(f)  Supervisors elected or reelected shall be inducted
246	into office at the first regularly scheduled meeting of the
247	board following certification of the election.
248	(7)  Except as provided in this section, election of
249	supervisors shall be as provided in the Florida Election Code
250	and revisions thereto.
251	(8)  The boundaries of Zones 1, 2, 3, 4, 5, 6, and 7 shall
252	be reviewed and revised by the board upon the occurrence of any
253	of the following events:
254	(a)  The district's geographical area changes by 10 percent
255	or more;
256	(b)  The district's population changes by 10 percent or
257	more since the previous determination of the single-member zone
258	boundaries;
259	(c)  Any annexation, deannexation, or merger causes the
260	population of the district to increase or decrease by 5 percent
261	or more; or
262	(d)  The passage of at least 10 years since the previous
263	review of the single-member zone boundaries. If the population
264	of the single-member zones meets the requirements of subsection
265	(9), the boundaries of the single-member zones may remain as is.
266	(9)  With the assistance of the district director,
267	engineer, and attorney, revisions to the boundaries of the seven
268	zones shall result in the population of each zone being no less
269	than 13.58 percent of the total population of the district and
270	no greater than 15 percent of the total population of the
271	district according to the latest census or official population
272	determination.
273	(3)  In the month of June of 2000, there shall be held a
274	meeting of the landowners of South Broward Drainage District at
275	the office of the district in Broward County, for the purpose of
276	holding an election to fill the seats of the three supervisors
277	whose terms expire in June of 2000; and, in the month of June of
278	each fourth year thereafter, there shall be held such a meeting
279	to fill the same three seats.  In the month of June of 2002,
280	there shall be held a meeting of the landowners of South Broward
281	Drainage District at the office of the district in Broward
282	County for the purpose of holding an election to fill the seats
283	of the three supervisors whose terms expire in June of 2002;
284	and, in the month of June of each fourth year thereafter, there
285	shall be held such a meeting to fill the same three seats.
286	Notice of said landowners' meeting shall be published as
287	provided by section 20. The president of the board of
288	supervisors shall conduct the meeting.  At such meeting, each
289	landowner shall be entitled to cast one vote for each person to
290	be elected.  A landowner may vote in person or by proxy in
291	writing.  Each landowner shall be entitled to cast one vote for
292	each acre of land owned by him and located within the district
293	boundaries.  Fractions of an acre shall be treated as one acre,
294	entitling the landowner to one vote with respect thereto.  The
295	three persons at the respective elections who receive the
296	highest number of votes for the office of supervisor shall be
297	declared elected.
298	(10)(4)  Each supervisor, before entering upon his or her
299	official duties, shall take and subscribe to an oath of office
300	as prescribed in s. 298.13, Florida Statutes.
301	(11)(5)  All supervisors shall hold office for the terms
302	for which they are elected or appointed and until their
303	successors shall be chosen and qualify.  In case of a vacancy in
304	the office of any supervisor, the remaining supervisor or
305	supervisors, even though less than a quorum, may fill such
306	vacancy for the unexpired term of the supervisor who vacated his
307	or her office.
308	(12)(6)  At the first meeting of the board following
309	certification of the general election of November 2006 and at
310	the first regularly scheduled meeting of the board following
311	certification of the general election in the month of November
312	of every other year thereafter As soon as practicable after each
313	election, the board shall organize by electing from choosing one
314	of their members a number president, a secretary, and a
315	treasurer of the board and by electing a secretary, who need not
316	be a member of the board.
317	(13)(7)  A majority of the members of the board shall
318	constitute a quorum.
319	(14)  Except as stated in sections 12 and 14, the
320	supervisors of the district shall not receive any benefits,
321	including, but not limited to, state or district retirement,
322	health insurance, medical insurance, dental insurance, or life
323	insurance.
324	(15)(8)  The board shall keep a permanent record book
325	entitled "Record of Proceedings of South Broward Drainage
326	District," in which shall be recorded minutes of all meetings,
327	resolutions, proceedings, certificates, bonds given by all
328	employees, and any and all corporate acts, which book shall at
329	reasonable times be opened to the inspection of any elector,
330	landowner, taxpayer, resident, or bondholder of the district,
331	and such other persons as the board may determine to have a
332	proper interest in the proceedings of the board.  Such record
333	book shall be kept at any office or other regular place of
334	business maintained by the board in Broward County.
335	(9)  Whenever any election shall be authorized or required
336	by this act to be held by the landowners at any particular or
337	stated time or day, and if for any reason such election is not
338	held at such time or on such day, then in such event the power
339	or duty to hold such election shall not cease or lapse, but such
340	election shall be held thereafter when practicable, and in
341	accordance with the procedures provided by this act.
342	Section 14.  Treasurer; depositories; fiscal agent.--
343	(1)  The board shall, as provided by subsection 10(12),
344	elect designate a member of the board person who is a resident
345	of the state, or a bank or trust company organized under the
346	laws of the state, as treasurer of the district, who shall have
347	charge of the funds of the district.  Such funds shall be
348	disbursed only upon the order of or pursuant to the resolution
349	of the board by warrant or check signed by the treasurer, or by
350	such other person as may be authorized by the board.  The
351	treasurer may not hold any other office provided for in this
352	act, except that the same person may not be president and
353	treasurer.  The board may give the treasurer such other or
354	additional powers and duties as the board may deem appropriate,
355	and fix his or her compensation; and may require the treasurer
356	to give a bond in such amount, on such terms, and with such
357	sureties as may be deemed satisfactory to the board to secure
358	the performance by the treasurer of his or her powers and
359	duties.  The board shall audit or have audited the books of the
360	treasurer at least once a year.
361	(2)  The board is authorized to select as depositories in
362	which the funds of the board and of the district shall be
363	deposited any banking corporation organized under the laws of
364	the state or under the national banking act, doing business in
365	the state, upon such terms and conditions as to the payment of
366	interest by such depository upon the funds so deposited as the
367	board may deem just and reasonable.
368	(3)  The board may employ a fiscal agent, who shall be
369	either a resident of the state or a corporation organized under
370	the laws of this or any other state and authorized by such laws
371	to act as such fiscal agent for municipal corporations in the
372	state and who shall assist in the keeping of the tax books, the
373	collection of taxes, and the remitting of funds to pay maturing
374	bonds and coupons, and perform such other or additional services
375	and duties as fiscal agent and receive such compensation as the
376	board may determine.
377	Section 2.  In accordance with the requirements of section
378	101.161, Florida Statutes, and section 3, the Supervisor of
379	Elections of Broward County shall place the title and substance
380	of the referendum on the ballot as follows:
381	ELECTION OF SOUTH BROWARD DRAINAGE DISTRICT SUPERVISORS BY
382	QUALIFIED ELECTORS AND INCREASED NUMBER OF SUPERVISORS
383	Shall the method of electing supervisors of the South Broward
384	Drainage District be changed from voting by the landowners of
385	the district to qualified electors of the district, and shall
386	the number of supervisors of the district be changed from six
387	members to seven members who shall be elected from designated
388	zones by the qualified electors of said designated zones?
389	Yes
390	No
391	Section 3.  The vote for this act will occur at the
392	November 2, 2004, general election.
393	Section 4.  A certified copy of this act shall be recorded
394	in the Broward County Public Records by the South Broward
395	Drainage District.
396	Section 5.  In the event any section or provision of this
397	act is determined to be invalid or unenforceable, such
398	determination shall not affect the validity of or enforceability
399	of each other section and provision of this act, and to this end
400	the provisions of this act are declared severable.
401	Section 6.  This act shall take effect upon becoming a law,
402	except that section 1 shall only take effect upon approval of a
403	majority vote of those qualified electors of the South Broward
404	Drainage District voting in the November 2, 2004, general
405	election.

CODING: Words stricken are deletions; words underlined are additions.