Senate Bill sb3004

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007        (NP)                      SB 3004

    By Senator Rich





    34-2256-07                                         See HB 1029

  1                      A bill to be entitled

  2         An act relating to the North Springs

  3         Improvement District, Broward County; amending

  4         chapter 2005-341, Laws of Florida; providing a

  5         definition; providing for popular election of

  6         the board of supervisors; increasing the amount

  7         of monthly compensation for members of the

  8         board of supervisors; increasing the minimum

  9         contract bid amount and providing additional

10         requirements for procurement of goods or

11         services; providing an effective date.

12  

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

14  

15         Section 1.  Sections 8 and 47 of section 3 of chapter

16  2005-341, Laws of Florida, are amended, subsection (11) is

17  added to section 4 and subsection (9) is added to section 5 of

18  that section, to read:

19         Section 4.  Definitions.--Unless the context shall

20  indicate otherwise, the following words as used in this act

21  shall have the following meanings:

22         (11)  "Qualified elector" means any person at least 18

23  years of age who is a citizen of the United States, a legal

24  resident of the state and of the district and who registers to

25  vote with the Supervisor of Elections of Broward County.

26         Section 5.  Board; election; organization; terms of

27  office; quorum; report and minutes.--

28         (9)(a)  The board of supervisors may, upon vote of a

29  majority of the board, determine to convert to a board of

30  supervisors elected by the qualified electors of the district.

31  Upon the call of an election for such purpose by the board as

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    Florida Senate - 2007        (NP)                      SB 3004
    34-2256-07                                         See HB 1029




 1  provided in paragraph (b), election of the board by the

 2  qualified electors shall thereafter be the exclusive method

 3  for the election of the members of the board of supervisors.

 4         (b)  Upon vote of the board of supervisors pursuant to

 5  paragraph (a), the board shall call an election at which the

 6  members of the board of supervisors will be elected. Such

 7  election shall be held in conjunction with the next general

 8  election in November. Candidates may qualify for the offices

 9  of board of supervisors seat 1, seat 2, and seat 3, each

10  elected at large within the district. A candidate qualifying

11  for election to seat 1 must be an elector and resident of the

12  City of Parkland. A candidate qualifying for election to seat

13  2 must be an elector and resident of the City of Coral

14  Springs. A candidate qualifying for election to seat 3 must be

15  an elector and resident of the district. Each board member

16  shall be elected by the qualified electors of the district for

17  a term of 4 years, except that, at the first such election,

18  the two members elected to seat 1 and seat 2 shall be elected

19  for a term of 4 years, and the member elected to seat 3 shall

20  be elected for a term of 2 years. Thereafter, there shall be

21  an election held every 2 years for expiring terms and all

22  members shall be elected for terms of 4 years each. The

23  candidate receiving the most votes for each seat shall be

24  elected. All elected board members must be qualified electors

25  of the district.

26         (c)  Elections of board members by qualified electors

27  held pursuant to this subsection shall be nonpartisan and

28  shall be conducted in the manner prescribed by law for holding

29  general elections. Board members shall assume the office on

30  the second Tuesday following their election.

31  

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    Florida Senate - 2007        (NP)                      SB 3004
    34-2256-07                                         See HB 1029




 1         (d)  Candidates seeking election to office by qualified

 2  electors under this subsection shall conduct their campaigns

 3  in accordance with the provisions of chapter 106, Florida

 4  Statutes, and shall file qualifying papers and qualify for

 5  individual seats in accordance with section 99.061, Florida

 6  Statutes. Candidates shall pay a qualifying fee, which shall

 7  consist of a filing fee and election assessment or, as an

 8  alternative, shall file a petition signed by not less than 1

 9  percent of the qualified electors of the district, and take

10  the oath required in section 99.021, Florida Statutes, with

11  the Supervisor of Elections of Broward County. The amount of

12  the filing fee is 3 percent of $4,800. The amount of the

13  election assessment is 1 percent of $4,800. The filing fee and

14  election assessment shall be distributed as provided in

15  section 105.031 (3), Florida Statutes.

16         (e)  The Supervisor of Elections of Broward County

17  shall appoint the inspectors and clerks of elections, prepare

18  and furnish the ballots, designate polling places, and canvass

19  the returns of the election of board members by qualified

20  electors. The county canvassing board shall declare and

21  certify the results of the election.

22         (f)  The provisions of subsections (3), (4), (5), (6),

23  and (7) shall apply to a board of supervisors elected pursuant

24  to this subsection.

25         Section 8.  Compensation of board.--Each supervisor is

26  entitled to receive for his or her services an amount not to

27  exceed $400 $200 per meeting of the board of supervisors, not

28  to exceed $4,800 per year per supervisor month. In addition,

29  each supervisor shall receive reasonable traveling expenses

30  incurred in connection with district business for attending

31  the place of meeting from his or her residence. Unless the

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    Florida Senate - 2007        (NP)                      SB 3004
    34-2256-07                                         See HB 1029




 1  board by resolution otherwise provides, Such traveling

 2  expenses may not be in excess of the amounts provided by law

 3  for state and county officials.

 4         Section 47.  Bids required.--

 5         (1)  No contract shall be let by the board for any

 6  goods, supplies, or materials to be purchased when the amount

 7  thereof to be paid by the district shall exceed the amount

 8  provided in section 287.017, Florida Statutes, for category

 9  four, unless notice of bids shall be advertised once in a

10  newspaper in general circulation in the county and in the

11  district. The board, if seeking to construct or improve a

12  public building, structure, or other public works, shall

13  comply with the bidding procedures of section 255.20, Florida

14  Statutes, and other applicable general law. In each case, the

15  bid of the lowest responsive and responsible bidder shall be

16  accepted unless all bids are rejected because the bids are too

17  high, or the board determines it is in the best interests of

18  the district to reject all bids. The board may require the

19  bidders to furnish bonds with a responsible surety to be

20  approved by the board. Nothing in this section shall prevent

21  the board from undertaking and performing the construction,

22  operation, and maintenance of any project or facility

23  authorized by this act by the employment of labor, material,

24  and machinery.

25         (2)  The provisions of the Consultants' Competitive

26  Negotiation Act, section 287.055, Florida Statutes, apply to

27  contracts for engineering, architecture, landscape

28  architecture, or registered surveying and mapping services let

29  by the board.

30         (3)  Contracts for maintenance services for any

31  district facility or project shall be subject to competitive

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    Florida Senate - 2007        (NP)                      SB 3004
    34-2256-07                                         See HB 1029




 1  bidding requirements when the amount thereof to be paid by the

 2  district exceeds the amount provided in section 287.017,

 3  Florida Statutes, for category four. The district shall adopt

 4  rules, policies, or procedures establishing competitive

 5  bidding procedures for maintenance services. Contracts for

 6  other services shall not be subject to competitive bidding

 7  unless the district adopts a rule, policy, or procedure

 8  applying competitive bidding procedures to said contracts.

 9         (4)  The district may apply to the Department of

10  Management Services, or entity succeeding to the duties of

11  such department, to purchase commodities and contractual

12  services from purchasing agreements established and state term

13  contracts procured pursuant to section 287.057, Florida

14  Statutes, by such department, as provided in section 287.056,

15  Florida Statutes. No contract shall be let by the board for

16  the construction or maintenance of any project authorized by

17  this act, nor shall any goods, supplies, or materials be

18  purchased when the amount thereof to be paid by said district

19  shall exceed $4,000, unless notice of bids shall be advertised

20  once a week for 2 consecutive weeks in a newspaper published

21  in Broward County and in general circulation within the

22  district, and in each case the bid of the lowest responsible

23  bidder shall be accepted, unless all bids are rejected because

24  the bids are too high. The board may require the bidders to

25  furnish bond with responsible surety to be approved by the

26  board. Nothing in this section shall prevent the board from

27  undertaking and performing the construction, operation, and

28  maintenance of any project or facility authorized by this act,

29  by the employment of labor, material, and machinery.

30         Section 2.  This act shall take effect upon becoming a

31  law.

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