Senate Bill sb2550

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2550

    By Senator Webster





    9-1716-04                                               See HB

  1                      A bill to be entitled

  2         An act relating to district school boards;

  3         creating s. 1001.3715, F.S.; providing a

  4         procedure for election of a district school

  5         board chair by countywide vote in a school

  6         district with single-member representation and

  7         an appointed district school superintendent;

  8         providing requirements for submission of the

  9         proposition to electors of the school district;

10         providing for election of a district school

11         board vice chair by the district school board;

12         creating s. 1001.3717, F.S.; providing powers

13         and duties, terms of office, and salary of a

14         district school board chair elected by

15         countywide vote; providing an effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Section 1001.3715, Florida Statutes, is

20  created to read:

21         1001.3715  Alternate procedure for election of district

22  school board chair in school district with single-member

23  representation and an appointed superintendent; election of

24  vice chair.--

25         (1)  The district school board chair shall be elected

26  in accordance with the provisions of s. 1001.371 unless, in a

27  school district with single-member representation, pursuant to

28  s. 1001.362, in which the office of district school

29  superintendent is appointive pursuant to s. 1001.461, a

30  proposition calling for the district school board chair to be

31  elected by countywide vote is submitted to and approved by a

                                  1

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






    Florida Senate - 2004                                  SB 2550
    9-1716-04                                               See HB




 1  majority of the qualified electors voting on such proposition

 2  in the manner provided in subsection (2).

 3         (2)  A proposition calling for the district school

 4  board chair to be elected by countywide vote shall be

 5  submitted to the electors of the school district at any

 6  primary, general, or otherwise-called special election in

 7  either manner following:

 8         (a)  The district school board may adopt a formal

 9  resolution directing an election to be held to place the

10  proposition on the ballot; or

11         (b)  The electors of the school district may petition

12  to have the proposition placed on the ballot by presenting to

13  the district school board petitions signed by not less than 10

14  percent of the duly qualified electors residing within the

15  school district. The number of signatures required shall be

16  determined by the supervisor of elections according to the

17  number of registered electors in the school district as of the

18  date the petitioning electors register as a political

19  committee as provided in subsection (3).

20         (3)  The electors petitioning to have the proposition

21  placed on the ballot shall register as a political committee

22  pursuant to s. 106.03, and a specific person shall be

23  designated therein as chair of the committee to act for the

24  committee.

25         (4)  Each petition form circulated shall include the

26  wording: "As a registered elector of the school district of

27  _____ County, Florida, I am petitioning for a referendum

28  election to determine whether the district school board chair

29  shall be elected by countywide vote." The petition shall also

30  include space for the signature and address of the elector.

31  

                                  2

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






    Florida Senate - 2004                                  SB 2550
    9-1716-04                                               See HB




 1  Each signature obtained shall be dated when made and is valid

 2  for a period of 4 years following that date.

 3         (5)  Upon the filing of the petitions with the district

 4  school board by the chair of the committee, the district

 5  school board shall submit the petitions to the supervisor of

 6  elections for verification of the signatures. Within a period

 7  of not more than 30 days, the supervisor of elections shall

 8  determine whether the petitions contain the required number of

 9  valid signatures. The supervisor of elections shall be paid by

10  the committee seeking verification the sum of 10 cents for

11  each name checked.

12         (6)  If it is determined that the petitions have the

13  required signatures, the supervisor of elections shall certify

14  the petitions to the district school board, which shall adopt

15  a resolution requesting that an election date be set to

16  conform to the earliest primary, general, or otherwise-called

17  special election that occurs not less than 30 days after

18  certification of the petitions. If it is determined that the

19  petitions do not contain the required signatures, the

20  supervisor of elections shall so notify the district school

21  board, which shall file the petitions without taking further

22  action, and the matter shall be at an end. No additional names

23  may be added to the petitions, and the petitions may not be

24  used in any other proceeding.

25         (7)  No special election may be called for the sole

26  purpose of presenting the proposition to the vote of the

27  electors.

28         (8)  A district school board may increase its

29  membership by one member through redistricting either

30  simultaneously with, or at any time after, the implementation

31  

                                  3

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






    Florida Senate - 2004                                  SB 2550
    9-1716-04                                               See HB




 1  of the elected district school board chair governance option

 2  pursuant to this section.

 3         (9)  Any school district adopting the proposition set

 4  forth in this section may thereafter return to the procedure

 5  otherwise provided by law by following the same procedure

 6  outlined in subsection (2).

 7         (10)  The vice chair of the district school board shall

 8  be elected by the members of the district school board.

 9         Section 2.  Section 1001.3717, Florida Statutes, is

10  created to read:

11         1001.3717  District school board chair elected by

12  countywide vote; powers and duties; terms; salary.--

13         (1)  Notwithstanding any other provision of law, a

14  district school board chair elected by countywide vote

15  pursuant to s. 1001.3715 may exercise the following powers and

16  duties:

17         (a)  Serve as chief executive officer of the school

18  district.

19         (b)  Hire and fire the district school superintendent,

20  but only with the approval of the district school board.

21         (c)  Hire and fire deputy district school

22  superintendents and school district department directors, but

23  only with the approval of the district school board.

24         (d)  Oversee all operations of the school district.

25         (e)  Oversee all capital improvement projects approved

26  by the district school board for the school district.

27         (f)  Prepare the annual budget for approval by the

28  district school board.

29         (g)  Prepare district school board meeting agendas.

30         (h)  Chair all district school board meetings.

31         (i)  Vote on all district school board actions.

                                  4

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






    Florida Senate - 2004                                  SB 2550
    9-1716-04                                               See HB




 1         (j)  Prepare and propose new or amended school district

 2  policies and rules for district school board consideration.

 3         (k)  Prepare and propose purchases of goods, services,

 4  and realty for district school board consideration.

 5         (l)  Oversee the management of all district school

 6  board property and records.

 7         (m)  Oversee the enforcement of policies of the

 8  district school board.

 9         (n)  Call the district school board into regular and

10  special session.

11         (o)  Serve as the official representative and

12  ceremonial dignitary for the district school board, with the

13  prerogative to issue proclamations.

14         (p)  Annually present a "state of the schools" message

15  setting forth programs and improvements to be recommended to

16  the district school board.

17         (q)  Execute all contracts and other legal documents,

18  with the power to delegate such authority to execute.

19         (r)  Carry out all other duties and responsibilities

20  prescribed by law or assigned by the district school board.

21         (s)  Take all other actions that are executive in

22  nature.

23         (2)  A district school board chair elected by

24  countywide vote pursuant to s. 1001.3715 shall be limited to

25  the extent other district school board members are term

26  limited.

27         (3)  The salary of a district school board chair

28  elected by countywide vote pursuant to s. 1001.3715 shall be

29  set by district school board resolution, but shall not be less

30  than the lowest salary and not more than the highest salary

31  

                                  5

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






    Florida Senate - 2004                                  SB 2550
    9-1716-04                                               See HB




 1  being paid to county officers identified in s. 1(d), Art. VIII

 2  of the State Constitution.

 3         Section 3.  This act shall take effect July 1, 2004.

 4  

 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  6

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