House Bill 4061

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    Florida House of Representatives - 1998                HB 4061

        By Representative Saunders






  1                      A bill to be entitled

  2         An act relating to community development

  3         districts; amending s. 190.006, F.S.;

  4         authorizing any community development district

  5         to hold elections for the members of its board

  6         of supervisors in conjunction with general

  7         elections; providing that such members shall be

  8         elected in groups by the qualified electors of

  9         the district; requiring each member elected to

10         be a qualified elector of the district;

11         providing for staggering of terms; providing

12         for transition; providing an effective date.

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

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16         Section 1.  Paragraph (b) of subsection (2) and

17  paragraph (a) of subsection (3) of section 190.006, Florida

18  Statutes, are amended to read:

19         190.006  Board of supervisors; members and meetings.--

20         (2)

21         (b)  At such meeting, each landowner shall be entitled

22  to cast one vote per acre of land owned by him or her and

23  located within the district for each person to be elected.  A

24  landowner may vote in person or by proxy in writing. A

25  fraction of an acre shall be treated as 1 acre, entitling the

26  landowner to one vote with respect thereto.  The two

27  candidates receiving the highest number of votes shall be

28  elected for a period of 4 years, and the three candidates

29  receiving the next largest number of votes shall be elected

30  for a period of 2 years. The members of the first board

31  elected by landowners shall serve their respective 4-year or

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    Florida House of Representatives - 1998                HB 4061

    550-159-98






  1  2-year terms; however, the next election by landowners shall

  2  be held on the first Tuesday in November. Thereafter, except

  3  as otherwise provided in subsection (3), there shall be an

  4  election of supervisors for the district every 2 years on the

  5  first Tuesday in November at which. the two candidates

  6  receiving the highest number of votes shall each be elected to

  7  serve for a 4-year term period, and the remaining candidate

  8  elected shall serve for a 2-year term period.

  9         (3)(a)1.  If the board proposes to exercise the ad

10  valorem taxing power authorized by s. 190.021, the district

11  board shall call an election at which the members of the board

12  of supervisors will be elected by the qualified electors of

13  the district.  Such election shall be held in conjunction with

14  a primary or general election unless the district bears the

15  cost of a special election.  Each member shall be elected by

16  the qualified electors of the district for a term of 4 years,

17  except that, at the first such election, three members shall

18  be elected for a term period of 4 years each and two members

19  shall be elected for a term period of 2 years each.  All

20  elected board members must be qualified electors of the

21  district.

22         2.a.  Regardless of whether a district has proposed to

23  levy ad valorem taxes, commencing 6 years after the initial

24  appointment of members or, for a district exceeding 5,000

25  acres in area, 10 years after the initial appointment of

26  members, the position of each member whose term has expired

27  shall be filled by a qualified elector of the district,

28  elected by the qualified electors of the district.  However,

29  for those districts established after June 21, 1991, and for

30  those existing districts established after December 31, 1983,

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    Florida House of Representatives - 1998                HB 4061

    550-159-98






  1  which have less than 50 qualified electors on June 21, 1991,

  2  sub-subparagraphs b. and c. shall apply.

  3         b.  For those districts to which this sub-subparagraph

  4  applies if, in the 6th year after the initial appointment of

  5  members, or 10 years after such initial appointment for

  6  districts exceeding 5,000 acres in area, there are not at

  7  least 250 qualified electors in the district, or for a

  8  district exceeding 5,000 acres, there are not at least 500

  9  qualified electors, members of the board shall continue to be

10  elected by landowners.  After the 6th or 10th year, once a

11  district reaches 250 or 500 qualified electors, respectively,

12  then the position of two board members whose terms are

13  expiring shall be filled by qualified electors of the

14  district, elected by the qualified electors of the district.

15  One of these board members shall serve a 2-year term, and the

16  other a 4-year term.  The remaining board member whose term is

17  expiring shall be elected for a 4-year term by the landowners

18  and is not required to be a qualified elector. Thereafter, as

19  terms expire, board members shall be qualified electors

20  elected by qualified electors of the district.

21         c.  On or before July 15 of each year, the board shall

22  determine the number of qualified electors in the district as

23  of the immediately preceding June 1.  The board shall use and

24  rely upon the official records maintained by the supervisor of

25  elections and property appraiser or tax collector in each

26  county in making this determination.  Such determination shall

27  be made at a properly noticed meeting of the board and shall

28  become a part of the official minutes of the district.

29         d.  Each community development district in existence on

30  June 21, 1991, shall, within 60 days, determine the number of

31  qualified electors in the district as of June 21, 1991, using

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    Florida House of Representatives - 1998                HB 4061

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  1  the official records maintained by the supervisor of elections

  2  and property appraiser or tax collector in the county.

  3  Thereafter, the district shall make such determination as

  4  described in sub-subparagraph c.

  5         3.a.  Notwithstanding any other provision of this

  6  section to the contrary, a board may elect at any point to

  7  have the elections of its members held in conjunction with

  8  general elections as provided in this subparagraph. Upon a

  9  board's so electing, the board of supervisors of that board

10  shall be divided into five groups to be voted on districtwide,

11  with each qualified elector of the district entitled to vote

12  for one candidate from each group. The person receiving the

13  highest number of votes cast in each group shall be elected as

14  the board member for that group. In case two or more persons

15  receive an equal and highest number of votes for the same

16  group office, such persons shall draw lots to determine who

17  shall be elected to office. Each member from an odd-numbered

18  group shall be elected at the general election in each year

19  the number of which is a multiple of 4, for a 4-year term

20  commencing on the second Tuesday following such election, and

21  each member from an even-numbered group shall be elected at

22  the general election in each even-numbered year the number of

23  which is not a multiple of 4, for a 4-year term commencing on

24  the second Tuesday following such election, except that, at

25  the first such election, three members shall be elected for a

26  period of 4 years and two members shall be elected for a

27  period of 2 years. All board members elected under this

28  subparagraph must be qualified electors of the district, and

29  in any such election an elector's failure to vote in any one

30  or more groups does not invalidate the elector's ballot.

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    Florida House of Representatives - 1998                HB 4061

    550-159-98






  1         b.  For purposes of effecting the transition to

  2  elections under this subparagraph, any board electing to hold

  3  its elections in conjunction with general elections may extend

  4  or reduce by up to 1 year the term of any sitting member

  5  leading up to the initial transitional election to ensure that

  6  all five positions are filled at that election for

  7  appropriately staggered terms as provided in sub-subparagraph

  8  a.

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

10  law.

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12            *****************************************

13                          HOUSE SUMMARY

14
      Authorizes any community development district to hold
15    elections for the members of its board of supervisors in
      conjunction with general elections. Provides that such
16    members shall be elected in groups by the qualified
      electors of the district. Requires each member elected to
17    be a qualified elector of the district. Provides for
      staggering of terms. Provides for transition. See bill
18    for details.

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