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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