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





                                                  SENATE AMENDMENT

    Bill No. SB 2596

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Klein moved the following amendment:

12

13         Senate Amendment 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 4 of section 2 of chapter 98-525,

18  Laws of Florida, is amended to read:

19         Section 4.  Board of supervisors; elections.--

20         (1)  BOARD OF SUPERVISORS, APPOINTMENTS, ELECTIONS,

21  POWERS, DUTIES, AND TERMS OF OFFICE.--There is hereby created

22  a Board of Supervisors of the Lake Worth Drainage District,

23  which shall be the governing body of the district. The board

24  of supervisors shall consist of five three persons. Each

25  candidate to be qualified for the office of supervisor shall

26  be either himself or herself a landowner or he or she shall be

27  the president of a corporate landowner, and All of the

28  qualified voters of the entire district shall be allowed to

29  vote for the election of all of the supervisors to be elected.

30  All supervisors shall hold office for a term of 3 years and

31  until their successors are duly elected and qualified.

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                                                  SENATE AMENDMENT

    Bill No. SB 2596

    Amendment No.    





 1         (a)  Hereafter, on the first Wednesday after the 3rd of

 2  January October, a qualified supervisors shall be elected for

 3  a term of 3 years in rotation, by the landowners of the

 4  district, to take the place of the retiring supervisor.

 5         (b)  In case of a vacancy in the office of any

 6  supervisor, the remaining supervisors shall within 60 days

 7  fill such vacancy by appointment for the unexpired term.

 8         (c)  All vacancies or expirations on the board of

 9  supervisors shall be filled as required by this subsection.

10  All supervisors shall hold office until their successors have

11  been elected and qualified.

12         (b)(d)  Whenever an election is authorized or required

13  by this subsection to be held by the landowners at any

14  particular or stated time of day, and if, for any reason, such

15  election is not or cannot be held at such time or on such day,

16  then in such event and in all and every such event the power

17  or duty to hold such election shall not cease or lapse, but

18  such election shall be held thereafter as soon as practicable

19  and consistent with this subsection.

20         (c)  In addition to the notice required by law, the

21  district shall cause notice to be published, once a week for

22  two (2) consecutive weeks immediately preceding the date of

23  the regular district election, in a newspaper of general

24  circulation in the district, of not less than one-fourth page

25  size, providing a map of the district and the date, time, and

26  location of where the election will be held.  The district

27  shall also take all steps to insure that there is a reasonable

28  level of publicity concerning the election.

29         (2)  SINGLE-MEMBER SUBDISTRICT ELECTIONS; SUBDISTRICT

30  BOUNDARIES.--

31         (a)  Definitions.--As used in this subsection, the

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                                                  SENATE AMENDMENT

    Bill No. SB 2596

    Amendment No.    





 1  term:

 2         1.  "Board" means the Board of Supervisors of the Lake

 3  Worth Drainage District.

 4         2.  "District" means the Lake Worth Drainage District.

 5         3.  "Qualified elector" means any person at least 18

 6  years of age who is a citizen of the United States, a

 7  permanent resident of Florida, and a freeholder, freeholder's

 8  spouse, or authorized representative of a legal entity holding

 9  title to land in the district. Presidents or other indicated

10  officers or agents may represent corporations or other legal

11  entities, guardians may represent their wards, and executors

12  and administrators may represent the estates of deceased

13  persons and be qualified to represent the corporate landowner

14  and hold the office of supervisor.

15         (b)  Single-member subdistrict elections.--

16         1.  Petition.--A referendum shall be called by the

17  board of supervisors of the district on the question of

18  whether members of the board should be elected on a

19  single-member subdistrict basis, provided a petition signed by

20  10 percent or more of the qualified electors of the district

21  is filed with the board requesting a referendum on adoption of

22  the election procedures set forth in this subsection.

23         2.  Referendum.--Upon verification by the Supervisor of

24  Elections of Palm Beach County that 10 percent of the

25  qualified electors of the district have petitioned the board

26  of supervisors, a referendum election shall be called by the

27  board at the next regularly scheduled election or within 6

28  months after verification, whichever is earlier.

29         3.  Disapproval of referendum.--If the qualified

30  electors of the district disapprove the election procedures

31  described in this subsection, elections of the members of the

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                                                  SENATE AMENDMENT

    Bill No. SB 2596

    Amendment No.    





 1  board shall continue as described in subsection (1) and s.

 2  298.12, Florida Statutes. No further referendum on the

 3  question shall be held for a minimum of 2 years.

 4         4.  Approval of referendum; single-member subdistrict

 5  elections.--

 6         a.  Increase in board size.--If the qualified electors

 7  approve the election procedure described in this subsection,

 8  the board of supervisors of the district shall be increased to

 9  five members and elections shall be held pursuant to the

10  criteria described in this subparagraph beginning with the

11  next regularly scheduled election of the board.

12         b.  Single-member subdistrict elections.--If the

13  election process described in this subparagraph is approved by

14  the qualified electors of the district,

15         1.  Members of the board of supervisors shall be

16  elected from five single-member subdistricts, the boundaries

17  of which are set forth in paragraph (c). Only those qualified

18  electors owning property or representing property in a

19  subdistrict may cast votes for candidates for the subdistrict.

20  However, an owner or representative may only cast votes in a

21  subdistrict election equal to the acreage owned within the

22  subdistrict. Each acre, or fraction thereof, of land in the

23  district shall represent one vote, and each owner shall be

24  entitled to one vote, in person or by proxy, for every acre,

25  or fraction thereof, of land owned within the district. The

26  subdistrict candidate receiving the greatest number of votes

27  shall be the supervisor from that subdistrict.

28         2.c.  Term of office.--All board members shall have a

29  term of 3 4 years except the board members elected at the

30  first election following the effective date of this act. the

31  referendum prescribed in subparagraph 2. With respect to the

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                                                  SENATE AMENDMENT

    Bill No. SB 2596

    Amendment No.    





 1  members initially elected, the three candidates receiving the

 2  greatest number of votes from subdistricts 1, 2, and 3 shall

 3  be elected for a period of 4 years, and the two candidates

 4  receiving the greatest number of votes from subdistricts 4 and

 5  5 shall be elected for a period of 2 years. Subsequent

 6  elections shall be held to elect members of the board during

 7  the same month as the first election in years when any board

 8  member's term will expire.

 9         3.d.  Qualifications.--Elections for board members

10  shall be nonpartisan.  A candidate for the office of

11  supervisor of subdistrict 3, 4, or 5 shall at the time of

12  election be a landowner and resident of the subdistrict for

13  which he or she qualifies. Qualification shall occur during

14  the qualifying period established by ss. 99.061, Florida

15  Statutes. Each candidate to be qualified for the office of

16  supervisor of subdistrict 1 or 2 shall at the time of election

17  be a qualified elector of the district.

18         4.e.  Vacancies.--A vacancy shall occur if a supervisor

19  ceases to be qualified for the seat that he or she holds. If

20  any vacancy occurs in a seat occupied by a governing board

21  member, the remaining members of the board shall, within 45

22  days after receipt of a resignation or other event causing a

23  vacancy, appoint a person who would be eligible to hold the

24  office until the next regularly scheduled district election at

25  which time an election will be held to fill the unexpired term

26  of the vacant seat for the unexpired term of the resigning

27  member.

28         (c)  Boundaries of single-member subdistricts.--If the

29  referendum called by the board of supervisors on the question

30  of whether the board should be elected on a single-member

31  subdistrict basis is approved, The district shall be divided

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                                                  SENATE AMENDMENT

    Bill No. SB 2596

    Amendment No.    





 1  for the purposes of electing members to the board upon the

 2  following territorial boundaries:

 3

 4         1.  The boundary lines of subdistrict 1 shall be:

 5         All that part of the JURISDICTIONAL LIMITS OF

 6         THE LAKE WORTH DRAINAGE DISTRICT lying westerly

 7         of the centerline of FLORIDA'S TURNPIKE and

 8         lying northerly of the South lines of BLOCKS 59

 9         and 60, PALM BEACH FARMS CO. PLAT NO. 3, as

10         same is recorded in Plat Book 2 at pages 45

11         through 54, Public Records of Palm Beach

12         County, Florida, and northerly of the South

13         line of Township 45 South, Range 41 East, all

14         in Palm Beach County, Florida.

15

16         2.  The boundary lines of subdistrict 2 shall be:

17         All that part of the JURISDICTIONAL LIMITS OF

18         THE LAKE WORTH DRAINAGE DISTRICT lying westerly

19         of the centerline of FLORIDA'S TURNPIKE and

20         lying southerly of the North lines of BLOCKS 62

21         and 63, PALM BEACH FARMS CO. PLAT NO. 3, as

22         same is recorded in Plat Book 2 at pages 45

23         through 54, Public Records of Palm Beach

24         County, Florida, and southerly of the North

25         line of Township 46 South, Range 41 East, all

26         in Palm Beach County, Florida.

27

28         3.  The boundary lines of subdistrict 3 shall be:

29         All that part of the JURISDICTIONAL LIMITS OF

30         THE LAKE WORTH DRAINAGE DISTRICT lying easterly

31         of the centerline of FLORIDA'S TURNPIKE and

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                                                  SENATE AMENDMENT

    Bill No. SB 2596

    Amendment No.    





 1         lying northerly of the South line of Township

 2         44 South, Range 42 East, and northerly of the

 3         South line of Township 44 South, Range 43 East,

 4         all in Palm Beach County, Florida.

 5

 6         4.  The boundary lines of subdistrict 4 shall be:

 7         All that part of the JURISDICTIONAL LIMITS OF

 8         THE LAKE WORTH DRAINAGE DISTRICT lying easterly

 9         of the centerline of FLORIDA'S TURNPIKE and

10         lying southerly of the North line of Township

11         44  1/2  South, Range 42 East, and southerly of

12         the North line of Township 44  1/2  South,

13         Range 43 East, and lying northerly of the

14         centerline of DELRAY WEST ROAD (State Road

15         806), all in Palm Beach County, Florida.

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17         5.  The boundary lines of subdistrict 5 shall be:

18         All that part of the JURISDICTIONAL LIMITS OF

19         THE LAKE WORTH DRAINAGE DISTRICT lying easterly

20         of the centerline of FLORIDA'S TURNPIKE and

21         lying southerly of the centerline of DELRAY

22         WEST ROAD (State Road 806), all in Palm Beach

23         County, Florida.

24

25         Section 2.  Section 7(6) of chapter 98-525,

26  Laws of Florida, is amended to read:

27         Section 7.  Meetings of landowners; election of

28  supervisors.--

29         (6)  As to the elections of supervisors, the qualified

30  candidate receiving the highest number of votes for supervisor

31  shall be declared and elected as such supervisor. If more than

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                                                  SENATE AMENDMENT

    Bill No. SB 2596

    Amendment No.    





 1  one person is nominated for any vacancy on the board of

 2  supervisors, the candidate receiving the majority of the votes

 3  shall be elected. In the event no candidate receives a

 4  majority, then the landowners shall vote on two candidates

 5  receiving the most votes in a runoff election and the one

 6  receiving the majority shall be elected.

 7         Section 3.  The members of the board of supervisors who

 8  are in office on the effective date of this act shall continue

 9  in office for the remainder of their terms.  Those supervisors

10  represent subdistricts 1, 4, and 5.  The two additional

11  members must be qualified residents from each of subdistricts

12  2 and 3.  The initial terms of office for the two additional

13  members shall be 2 years for the member from subdistrict 2 and

14  3 years for the member from subdistrict 3.

15         Section 4.  This act shall take effect upon becoming a

16  law.

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