House Bill hb0863
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Florida House of Representatives - 2001 HB 863
By Representative Ritter
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 the appointment of a city
9 commissioner from the City of Coral Springs and
10 a city commissioner from the City of Parkland
11 as board members; providing for regular and
12 special board meetings instead of landowner
13 meetings; providing for severability; providing
14 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. Subsections (1) and (2) of section 5 of
19 chapter 71-580, Laws of Florida, as amended by chapter 89-440,
20 Laws of Florida, are amended to read:
21 Section 5. Board; election, organization; terms of
22 office; quorum; report and minutes.--
23 (1) The board of the district shall exercise the
24 powers granted to the district under this act and under
25 chapter 298, Florida Statutes. The board shall consist of five
26 three (3) members, and except as otherwise provided herein
27 each member shall hold office for a term of 4 four (4) years
28 and until his or her successor shall be chosen and shall
29 qualify. A majority of The elected members of the board shall
30 be residents of the district Broward County, and all members
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1 shall be residents of Florida. All members of the board shall
2 be landowners within the district.
3 (a) One member shall be elected by majority vote of
4 registered electors casting votes at an election of those
5 electors residing within the district and within the City of
6 Coral Springs, and one member shall be elected by a majority
7 vote of registered electors casting votes at an election of
8 those electors residing within the district and within the
9 City of Parkland.
10 (b) One member shall be elected by a majority vote of
11 registered electors casting votes at an election of those
12 electors residing within the district.
13 (c) One member shall be a city commissioner from the
14 City of Coral Springs selected by a majority vote of the city
15 commission, or a designee may be substituted for the city
16 commissioner, also to be selected by a majority vote of the
17 city commission.
18 (d) One member shall be a city commissioner from the
19 City of Parkland selected by a majority vote of the city
20 commission, or a designee may be substituted for the city
21 commissioner, also to be selected by a majority vote of the
22 city commission.
23 (2) Commencing upon the expiration of the terms of the
24 existing board members, all subsequent board members
25 thereafter shall meet the requirements provided for herein and
26 shall be elected as provided for herein. Existing board
27 members' terms shall be extended to November of the year in
28 which their term expires. In November 2001, the two new board
29 members shall be selected or elected as provided for herein.
30 Board members to be elected shall be elected at an election
31 conducted by the supervisor of elections on the first Tuesday
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1 in November of the year the board members' terms expire. The
2 costs of such elections shall be paid by the district. In the
3 month of June of each fourth year commencing June of 1972,
4 there shall be held a meeting of the landowners of the
5 district at the office of the district in Broward County,
6 Florida, for the purpose of electing three (3) supervisors for
7 said district. One supervisor shall be elected solely by those
8 landowners owning property within the city limits of the City
9 of Parkland, and this supervisor must be a landowner who owns
10 property within the city limits of the City of Parkland. One
11 supervisor shall be elected solely by those landowners owning
12 property within the city limits of the City of Coral Springs,
13 and this supervisor must be a landowner who owns property
14 within the city limits of the City of Coral Springs. One
15 supervisor shall be elected at large by all landowners of the
16 district, regardless of where their property is located.
17 Candidates for each supervisor position will be nominated
18 during the meeting of landowners, and the nominee who receives
19 the highest number of votes for a supervisor position shall be
20 declared elected. Notice of said landowners meeting shall be
21 published once a week for 2 consecutive weeks in a newspaper
22 in Broward County which is in general circulation with the
23 district, the last of said publication to be not less than 14
24 days nor more than 28 days before the date of the election.
25 The landowners when assembled at such meeting shall organize
26 by electing a chairman who shall conduct the meeting. At such
27 meeting each landowner shall be entitled to cast one vote per
28 acre of land owned by him and located within the district. A
29 landowner may vote in person or by proxy in writing. Fractions
30 of an acre shall be treated as one acre, entitling the
31 landowner to one vote with respect thereto.
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Florida House of Representatives - 2001 HB 863
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1 Section 2. Section 13 of chapter 71-580, Laws of
2 Florida, is amended to read:
3 Section 13. Notice and call of board meetings of
4 landowners; quorum; adjournments; representation of meetings;
5 taking action without meeting.--
6 (1) The board shall establish a regular meeting date
7 each month and shall meet no less than one time each month.
8 However, the board may decide by majority vote to take one
9 month off from meetings each year for a vacation. Meetings of
10 the board shall be held in a public place, and shall be held
11 in accordance with the requirements of chapter 286, Florida
12 Statutes. The board shall publish notice of all meetings of
13 landowners once a week for two (2) consecutive weeks prior to
14 such meeting in a newspaper in Broward County in general
15 circulation within the district. Meetings of landowners shall
16 be held in a public place, or any other place make available
17 for the purpose of such meeting in the Broward County
18 Courthouse and the place, date and hour of holding such
19 meeting and the purpose thereof shall be stated in the notice.
20 Landowners representing a majority of the number of acres in
21 the district, present in person or by proxy, shall constitute
22 a quorum at any meeting of the landowners; provided that
23 irrespective of the number of acres represented, there shall
24 be minimum of five (5) landowners owning separate parcels of
25 land, at each meeting.
26 (2) Special meetings of the board may be called at any
27 time to receive reports of the board, or for such other
28 purpose as the board may determine, upon 24 hours' notice to
29 board members and to the public by posting such notice at the
30 district office at a public location set aside for such
31 purposes. The board may call special meetings of the
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1 landowners at any time to receive reports of the board or for
2 such other purpose as to the board may determine. A special
3 meeting of the landowners may also be called at any time upon
4 notice as provided hereinabove at the written request of the
5 owners of not less than twenty five (25) per cent in acreage
6 of the land within the district for the purpose of taking any
7 lawful action by the landowners of the district. Such special
8 meeting shall be called by any court of competent jurisdiction
9 in the event that the board fails to do so upon request as
10 provided in the preceding sentence. Except as otherwise
11 provided in section 5 of this act with respect to the election
12 of supervisors, action taken at a meeting of the landowners
13 shall be by affirmative vote of the owners of at least a
14 majority in acreage of the land within the district
15 represented at such meeting.
16 (3) If no quorum is present or represented at a
17 meeting of the landowners at the time and place the same is
18 called to be held, the landowners present and represented,
19 although less than a quorum, may adjourn to another time or
20 day, and at such or any subsequent adjourned meetings may, if
21 a quorum is then present or represented, take any action that
22 the landowners could have taken a the meeting or meetings so
23 adjourned for lack of a quorum.
24 (4) At any meeting of the landowners, guardians may
25 represent their wards; executors and administrators may
26 represent the estate of deceased persons; trustees may
27 represent lands held by them in trust; and private
28 corporations may be represented by their duly authorized
29 proxy. All landowners, including guardians, executors,
30 administrators, trustees and corporations, may be represented
31 and vote by proxy.
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1 Section 3. In the event any one or more of the
2 sections or provisions of this act or the application of such
3 sections or provisions to any situation, circumstance, or
4 person shall for any reason be held to be unconstitutional,
5 such unconstitutionality shall not affect any other section or
6 provision as to any other situation, circumstance, or person,
7 and it is intended that this law shall be construed and
8 applied as if such section or provision had not been included
9 herein for any unconstitutional application.
10 Section 4. This act shall take effect upon becoming a
11 law.
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