Senate Bill 2596er
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1999 Legislature SB 2596, 1st Engrossed
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2 An act relating to the Lake Worth Drainage
3 District, Palm Beach County; amending s. 4 of
4 section 2 of chapter 98-525, Laws of Florida;
5 providing for the board of supervisors of the
6 district to be elected from single-member
7 subdistricts; increasing the membership of the
8 board of supervisors; deleting provisions that
9 authorize a referendum on the procedures for
10 electing the board of supervisors; providing
11 for the members of the board of supervisors on
12 the effective date of the act to remain in
13 office until the expiration of their terms;
14 providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Section 4 of section 2 of chapter 98-525,
19 Laws of Florida, is amended to read:
20 Section 4. Board of supervisors; elections.--
21 (1) BOARD OF SUPERVISORS, APPOINTMENTS, ELECTIONS,
22 POWERS, DUTIES, AND TERMS OF OFFICE.--There is hereby created
23 a Board of Supervisors of the Lake Worth Drainage District,
24 which shall be the governing body of the district. The board
25 of supervisors shall consist of five three persons. Each
26 candidate to be qualified for the office of supervisor shall
27 be either himself or herself a landowner or he or she shall be
28 the president of a corporate landowner, and All of the
29 qualified voters of the entire district shall be allowed to
30 vote for the election of all of the supervisors to be elected.
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1999 Legislature SB 2596, 1st Engrossed
1 All supervisors shall hold office for a term of 3 years and
2 until their successors are duly elected and qualified.
3 (a) Hereafter, on the first Wednesday after the 3rd of
4 January October, a qualified supervisors shall be elected for
5 a term of 3 years in rotation, by the landowners of the
6 district, to take the place of the retiring supervisor.
7 (b) In case of a vacancy in the office of any
8 supervisor, the remaining supervisors shall within 60 days
9 fill such vacancy by appointment for the unexpired term.
10 (c) All vacancies or expirations on the board of
11 supervisors shall be filled as required by this subsection.
12 All supervisors shall hold office until their successors have
13 been elected and qualified.
14 (b)(d) Whenever an election is authorized or required
15 by this subsection to be held by the landowners at any
16 particular or stated time of day, and if, for any reason, such
17 election is not or cannot be held at such time or on such day,
18 then in such event and in all and every such event the power
19 or duty to hold such election shall not cease or lapse, but
20 such election shall be held thereafter as soon as practicable
21 and consistent with this subsection.
22 (c) In addition to the notice required by law, the
23 district shall cause notice to be published, once a week for
24 two (2) consecutive weeks immediately preceding the date of
25 the regular district election, in a newspaper of general
26 circulation in the district, of not less than one-fourth page
27 size, providing a map of the district and the date, time, and
28 location of where the election will be held. The district
29 shall also take all steps to insure that there is a reasonable
30 level of publicity concerning the election.
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1999 Legislature SB 2596, 1st Engrossed
1 (2) SINGLE-MEMBER SUBDISTRICT ELECTIONS; SUBDISTRICT
2 BOUNDARIES.--
3 (a) Definitions.--As used in this subsection, the
4 term:
5 1. "Board" means the Board of Supervisors of the Lake
6 Worth Drainage District.
7 2. "District" means the Lake Worth Drainage District.
8 3. "Qualified elector" means any person at least 18
9 years of age who is a citizen of the United States, a
10 permanent resident of Florida, and a freeholder, freeholder's
11 spouse, or authorized representative of a legal entity holding
12 title to land in the district. Presidents or other indicated
13 officers or agents may represent corporations or other legal
14 entities, guardians may represent their wards, and executors
15 and administrators may represent the estates of deceased
16 persons and be qualified to represent the corporate landowner
17 and hold the office of supervisor.
18 (b) Single-member subdistrict elections.--
19 1. Petition.--A referendum shall be called by the
20 board of supervisors of the district on the question of
21 whether members of the board should be elected on a
22 single-member subdistrict basis, provided a petition signed by
23 10 percent or more of the qualified electors of the district
24 is filed with the board requesting a referendum on adoption of
25 the election procedures set forth in this subsection.
26 2. Referendum.--Upon verification by the Supervisor of
27 Elections of Palm Beach County that 10 percent of the
28 qualified electors of the district have petitioned the board
29 of supervisors, a referendum election shall be called by the
30 board at the next regularly scheduled election or within 6
31 months after verification, whichever is earlier.
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1999 Legislature SB 2596, 1st Engrossed
1 3. Disapproval of referendum.--If the qualified
2 electors of the district disapprove the election procedures
3 described in this subsection, elections of the members of the
4 board shall continue as described in subsection (1) and s.
5 298.12, Florida Statutes. No further referendum on the
6 question shall be held for a minimum of 2 years.
7 4. Approval of referendum; single-member subdistrict
8 elections.--
9 a. Increase in board size.--If the qualified electors
10 approve the election procedure described in this subsection,
11 the board of supervisors of the district shall be increased to
12 five members and elections shall be held pursuant to the
13 criteria described in this subparagraph beginning with the
14 next regularly scheduled election of the board.
15 b. Single-member subdistrict elections.--If the
16 election process described in this subparagraph is approved by
17 the qualified electors of the district,
18 1. Members of the board of supervisors shall be
19 elected from five single-member subdistricts, the boundaries
20 of which are set forth in paragraph (c). Only those qualified
21 electors owning property or representing property in a
22 subdistrict may cast votes for candidates for the subdistrict.
23 However, an owner or representative may only cast votes in a
24 subdistrict election equal to the acreage owned within the
25 subdistrict. Each acre, or fraction thereof, of land in the
26 district shall represent one vote, and each owner shall be
27 entitled to one vote, in person or by proxy, for every acre,
28 or fraction thereof, of land owned within the district. The
29 subdistrict candidate receiving the greatest number of votes
30 shall be the supervisor from that subdistrict.
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1999 Legislature SB 2596, 1st Engrossed
1 2.c. Term of office.--All board members shall have a
2 term of 3 4 years except the board members elected at the
3 first election following the effective date of this act. the
4 referendum prescribed in subparagraph 2. With respect to the
5 members initially elected, the three candidates receiving the
6 greatest number of votes from subdistricts 1, 2, and 3 shall
7 be elected for a period of 4 years, and the two candidates
8 receiving the greatest number of votes from subdistricts 4 and
9 5 shall be elected for a period of 2 years. Subsequent
10 elections shall be held to elect members of the board during
11 the same month as the first election in years when any board
12 member's term will expire.
13 3.d. Qualifications.--Elections for board members
14 shall be nonpartisan. A candidate for the office of
15 supervisor of subdistrict 3, 4, or 5 shall at the time of
16 election be a landowner and resident of the subdistrict for
17 which he or she qualifies. Qualification shall occur during
18 the qualifying period established by ss. 99.061, Florida
19 Statutes. Each candidate to be qualified for the office of
20 supervisor of subdistrict 1 or 2 shall at the time of election
21 be a qualified elector of the district.
22 4.e. Vacancies.--A vacancy shall occur if a supervisor
23 ceases to be qualified for the seat that he or she holds. If
24 any vacancy occurs in a seat occupied by a governing board
25 member, the remaining members of the board shall, within 45
26 days after receipt of a resignation or other event causing a
27 vacancy, appoint a person who would be eligible to hold the
28 office until the next regularly scheduled district election at
29 which time an election will be held to fill the unexpired term
30 of the vacant seat for the unexpired term of the resigning
31 member.
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1999 Legislature SB 2596, 1st Engrossed
1 (c) Boundaries of single-member subdistricts.--If the
2 referendum called by the board of supervisors on the question
3 of whether the board should be elected on a single-member
4 subdistrict basis is approved, The district shall be divided
5 for the purposes of electing members to the board upon the
6 following territorial boundaries:
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8 1. The boundary lines of subdistrict 1 shall be:
9 All that part of the JURISDICTIONAL LIMITS OF
10 THE LAKE WORTH DRAINAGE DISTRICT lying westerly
11 of the centerline of FLORIDA'S TURNPIKE and
12 lying northerly of the South lines of BLOCKS 59
13 and 60, PALM BEACH FARMS CO. PLAT NO. 3, as
14 same is recorded in Plat Book 2 at pages 45
15 through 54, Public Records of Palm Beach
16 County, Florida, and northerly of the South
17 line of Township 45 South, Range 41 East, all
18 in Palm Beach County, Florida.
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20 2. The boundary lines of subdistrict 2 shall be:
21 All that part of the JURISDICTIONAL LIMITS OF
22 THE LAKE WORTH DRAINAGE DISTRICT lying westerly
23 of the centerline of FLORIDA'S TURNPIKE and
24 lying southerly of the North lines of BLOCKS 62
25 and 63, PALM BEACH FARMS CO. PLAT NO. 3, as
26 same is recorded in Plat Book 2 at pages 45
27 through 54, Public Records of Palm Beach
28 County, Florida, and southerly of the North
29 line of Township 46 South, Range 41 East, all
30 in Palm Beach County, Florida.
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1999 Legislature SB 2596, 1st Engrossed
1 3. The boundary lines of subdistrict 3 shall be:
2 All that part of the JURISDICTIONAL LIMITS OF
3 THE LAKE WORTH DRAINAGE DISTRICT lying easterly
4 of the centerline of FLORIDA'S TURNPIKE and
5 lying northerly of the South line of Township
6 44 South, Range 42 East, and northerly of the
7 South line of Township 44 South, Range 43 East,
8 all in Palm Beach County, Florida.
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10 4. The boundary lines of subdistrict 4 shall be:
11 All that part of the JURISDICTIONAL LIMITS OF
12 THE LAKE WORTH DRAINAGE DISTRICT lying easterly
13 of the centerline of FLORIDA'S TURNPIKE and
14 lying southerly of the North line of Township
15 44 1/2 South, Range 42 East, and southerly of
16 the North line of Township 44 1/2 South,
17 Range 43 East, and lying northerly of the
18 centerline of DELRAY WEST ROAD (State Road
19 806), all in Palm Beach County, Florida.
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21 5. The boundary lines of subdistrict 5 shall be:
22 All that part of the JURISDICTIONAL LIMITS OF
23 THE LAKE WORTH DRAINAGE DISTRICT lying easterly
24 of the centerline of FLORIDA'S TURNPIKE and
25 lying southerly of the centerline of DELRAY
26 WEST ROAD (State Road 806), all in Palm Beach
27 County, Florida.
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29 Section 2. Section 7(6) of chapter 98-525, Laws of
30 Florida, is amended to read:
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1999 Legislature SB 2596, 1st Engrossed
1 Section 7. Meetings of landowners; election of
2 supervisors.--
3 (6) As to the elections of supervisors, the qualified
4 candidate receiving the highest number of votes for supervisor
5 shall be declared and elected as such supervisor. If more than
6 one person is nominated for any vacancy on the board of
7 supervisors, the candidate receiving the majority of the votes
8 shall be elected. In the event no candidate receives a
9 majority, then the landowners shall vote on two candidates
10 receiving the most votes in a runoff election and the one
11 receiving the majority shall be elected.
12 Section 3. The members of the board of supervisors who
13 are in office on the effective date of this act shall continue
14 in office for the remainder of their terms. Those supervisors
15 represent subdistricts 1, 4, and 5. The two additional
16 members must be qualified residents from each of subdistricts
17 2 and 3. The initial terms of office for the two additional
18 members shall be 2 years for the member from subdistrict 2 and
19 3 years for the member from subdistrict 3.
20 Section 4. This act shall take effect upon becoming a
21 law.
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