Senate Bill sb2328

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    Florida Senate - 2001        (NP)                      SB 2328

    By Senator Dawson





    30-1857-01                                          See HB 863

  1                      A bill to be entitled

  2         An act relating to the North Springs

  3         Improvement District, Broward County; amending

  4         chapter 71-580, Laws of Florida, as amended;

  5         increasing the board of supervisors to a total

  6         of five members; providing for elections by

  7         electors residing within the district;

  8         providing for regular and special board

  9         meetings instead of landowner meetings;

10         providing for severability; providing an

11         effective date.

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

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15         Section 1.  Subsections (1) and (2) of section 5 of

16  chapter 71-580, Laws of Florida, as amended by chapter 89-440,

17  Laws of Florida, are amended to read:

18         Section 5.  Board; election, organization; terms of

19  office; quorum; report and minutes.--

20         (1)  The board of the district shall exercise the

21  powers granted to the district under this act and under

22  chapter 298, Florida Statutes. The board shall consist of five

23  three (3) members, and except as otherwise provided herein

24  each member shall hold office for a term of 4 four (4) years

25  and until his or her successor shall be chosen and shall

26  qualify. Board members shall be elected at an election

27  conducted by the supervisor of elections on the first Tuesday

28  in November of the year in which the board members' terms

29  expire. The costs of such elections shall be paid by the

30  district. A majority of The members of the board shall be

31  residents of the district and shall be elected as follows:

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    Florida Senate - 2001        (NP)                      SB 2328
    30-1857-01                                          See HB 863




  1  Broward County, and all members shall be residents of Florida.

  2  All members of the board shall be landowners within the

  3  district.

  4         (a)  Two members must be residents of the City of Coral

  5  Springs and shall be elected by a majority vote of registered

  6  electors casting votes at an election of those electors

  7  residing within the City of Coral Springs.

  8         (b)  Two members must be residents of the City of

  9  Parkland and shall be elected by a majority vote of registered

10  electors casting votes at an election of those electors

11  residing within the City of Parkland.

12         (c)  One member shall be elected at large by a majority

13  vote of registered electors casting votes at an election of

14  those electors residing within the district.

15         (3)  At the general election to be held in November

16  2002, one new board member shall be elected by electors

17  residing within the City of Coral Springs and one new board

18  member shall be elected by electors residing within the City

19  of Parkland. Existing board members' terms as of the effective

20  date of this act shall be extended to November of the year in

21  which their terms expire, and, commencing upon the expiration

22  of the terms of those board members, all subsequent board

23  members thereafter must meet the requirements and shall be

24  elected as provided in subsections (1) and (2). In the month

25  of June of each fourth year commencing June of 1972, there

26  shall be held a meeting of the landowners of the district at

27  the office of the district in Broward County, Florida, for the

28  purpose of electing three (3) supervisors for said district.

29  One supervisor shall be elected solely by those landowners

30  owning property within the city limits of the City of

31  Parkland, and this supervisor must be a landowner who owns

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    Florida Senate - 2001        (NP)                      SB 2328
    30-1857-01                                          See HB 863




  1  property within the city limits of the City of Parkland. One

  2  supervisor shall be elected solely by those landowners owning

  3  property within the city limits of the City of Coral Springs,

  4  and this supervisor must be a landowner who owns property

  5  within the city limits of the City of Coral Springs. One

  6  supervisor shall be elected at large by all landowners of the

  7  district, regardless of where their property is located.

  8  Candidates for each supervisor position will be nominated

  9  during the meeting of landowners, and the nominee who receives

10  the highest number of votes for a supervisor position shall be

11  declared elected. Notice of said landowners meeting shall be

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

13  in Broward County which is in general circulation with the

14  district, the last of said publication to be not less than 14

15  days nor more than 28 days before the date of the election.

16  The landowners when assembled at such meeting shall organize

17  by electing a chairman who shall conduct the meeting. At such

18  meeting each landowner shall be entitled to cast one vote per

19  acre of land owned by him and located within the district. A

20  landowner may vote in person or by proxy in writing. Fractions

21  of an acre shall be treated as one acre, entitling the

22  landowner to one vote with respect thereto.

23         Section 2.  Section 13 of chapter 71-580, Laws of

24  Florida, is amended to read:

25         Section 13.  Notice and call of board meetings of

26  landowners; quorum; adjournments; representation of meetings;

27  taking action without meeting.--

28         (1)  The board shall establish a regular meeting date

29  each month and shall meet no less than one time each month.

30  However, the board may decide by majority vote to take one

31  month off from meetings each year for a vacation. Meetings of

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    Florida Senate - 2001        (NP)                      SB 2328
    30-1857-01                                          See HB 863




  1  the board shall be held in a public place, and shall be held

  2  in accordance with the requirements of chapter 286, Florida

  3  Statutes. The board shall publish notice of all meetings of

  4  landowners once a week for two (2) consecutive weeks prior to

  5  such meeting in a newspaper in Broward County in general

  6  circulation within the district. Meetings of landowners shall

  7  be held in a public place, or any other place make available

  8  for the purpose of such meeting in the Broward County

  9  Courthouse and the place, date and hour of holding such

10  meeting and the purpose thereof shall be stated in the notice.

11  Landowners representing a majority of the number of acres in

12  the district, present in person or by proxy, shall constitute

13  a quorum at any meeting of the landowners; provided that

14  irrespective of the number of acres represented, there shall

15  be minimum of five (5) landowners owning separate parcels of

16  land, at each meeting.

17         (2)  Special meetings of the board may be called at any

18  time to receive reports of the board, or for such other

19  purpose as the board may determine, upon 24 hours' notice to

20  board members and to the public by posting such notice at the

21  district office at a public location set aside for such

22  purposes. The board may call special meetings of the

23  landowners at any time to receive reports of the board or for

24  such other purpose as to the board may determine. A special

25  meeting of the landowners may also be called at any time upon

26  notice as provided hereinabove at the written request of the

27  owners of not less than twenty five (25) per cent in acreage

28  of the land within the district for the purpose of taking any

29  lawful action by the landowners of the district. Such special

30  meeting shall be called by any court of competent jurisdiction

31  in the event that the board fails to do so upon request as

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    Florida Senate - 2001        (NP)                      SB 2328
    30-1857-01                                          See HB 863




  1  provided in the preceding sentence. Except as otherwise

  2  provided in section 5 of this act with respect to the election

  3  of supervisors, action taken at a meeting of the landowners

  4  shall be by affirmative vote of the owners of at least a

  5  majority in acreage of the land within the district

  6  represented at such meeting.

  7         (3)  If no quorum is present or represented at a

  8  meeting of the landowners at the time and place the same is

  9  called to be held, the landowners present and represented,

10  although less than a quorum, may adjourn to another time or

11  day, and at such or any subsequent adjourned meetings may, if

12  a quorum is then present or represented, take any action that

13  the landowners could have taken a the meeting or meetings so

14  adjourned for lack of a quorum.

15         (4)  At any meeting of the landowners, guardians may

16  represent their wards; executors and administrators may

17  represent the estate of deceased persons; trustees may

18  represent lands held by them in trust; and private

19  corporations may be represented by their duly authorized

20  proxy. All landowners, including guardians, executors,

21  administrators, trustees and corporations, may be represented

22  and vote by proxy.

23         Section 3.  In the event any one or more of the

24  sections or provisions of this act or the application of such

25  sections or provisions to any situation, circumstance, or

26  person shall for any reason be held to be unconstitutional,

27  such unconstitutionality shall not affect any other section or

28  provision as to any other situation, circumstance, or person,

29  and it is intended that this law shall be construed and

30  applied as if such section or provision had not been included

31  herein for any unconstitutional application.

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    Florida Senate - 2001        (NP)                      SB 2328
    30-1857-01                                          See HB 863




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

  2  law.

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