House Bill hb0863e1
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HB 863, First Engrossed
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.
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HB 863, First Engrossed
1 (2) A majority of The members of the board shall be
2 residents of Broward County, and all members shall be
3 residents of Florida. All members of the board shall be
4 landowners within the district and shall be elected as
5 follows:.
6 (a) Two members shall be residents of the City of
7 Coral Springs and shall be elected by a majority vote of
8 registered electors casting votes at an election of those
9 electors residing within the City of Coral Springs.
10 (b) Two members shall be residents of the City of
11 Parkland and shall be elected by a majority vote of registered
12 electors casting votes at an election of those electors
13 residing within the City of Parkland.
14 (c) One member shall be elected at large by a majority
15 vote of registered electors casting votes at an election of
16 those electors residing within the district.
17 (3) At the general election to be held in November
18 2002, one new board member shall be elected by electors
19 residing within the City of Coral Springs and one new board
20 member shall be elected by electors residing within the City
21 of Parkland. Existing board members' terms as of the effective
22 date of this act shall be extended to November of the year in
23 which their terms expire and, commencing upon the expiration
24 of the terms of those board members, all subsequent board
25 members thereafter shall meet the requirements and shall be
26 elected as provided in subsections (1) and (2). In the month
27 of June of each fourth year commencing June of 1972, there
28 shall be held a meeting of the landowners of the district at
29 the office of the district in Broward County, Florida, for the
30 purpose of electing three (3) supervisors for said district.
31 One supervisor shall be elected solely by those landowners
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HB 863, First Engrossed
1 owning property within the city limits of the City of
2 Parkland, and this supervisor must be a landowner who owns
3 property within the city limits of the City of Parkland. One
4 supervisor shall be elected solely by those landowners owning
5 property within the city limits of the City of Coral Springs,
6 and this supervisor must be a landowner who owns property
7 within the city limits of the City of Coral Springs. One
8 supervisor shall be elected at large by all landowners of the
9 district, regardless of where their property is located.
10 Candidates for each supervisor position will be nominated
11 during the meeting of landowners, and the nominee who receives
12 the highest number of votes for a supervisor position shall be
13 declared elected. Notice of said landowners meeting shall be
14 published once a week for 2 consecutive weeks in a newspaper
15 in Broward County which is in general circulation with the
16 district, the last of said publication to be not less than 14
17 days nor more than 28 days before the date of the election.
18 The landowners when assembled at such meeting shall organize
19 by electing a chairman who shall conduct the meeting. At such
20 meeting each landowner shall be entitled to cast one vote per
21 acre of land owned by him and located within the district. A
22 landowner may vote in person or by proxy in writing. Fractions
23 of an acre shall be treated as one acre, entitling the
24 landowner to one vote with respect thereto.
25 Section 2. Section 13 of chapter 71-580, Laws of
26 Florida, is amended to read:
27 Section 13. Notice and call of board meetings of
28 landowners; quorum; adjournments; representation of meetings;
29 taking action without meeting.--
30 (1) The board shall establish a regular meeting date
31 each month and shall meet no less than one time each month.
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HB 863, First Engrossed
1 However, the board may decide by majority vote to take one
2 month off from meetings each year for a vacation. Meetings of
3 the board shall be held in a public place, and shall be held
4 in accordance with the requirements of chapter 286, Florida
5 Statutes. The board shall publish notice of all meetings of
6 landowners once a week for two (2) consecutive weeks prior to
7 such meeting in a newspaper in Broward County in general
8 circulation within the district. Meetings of landowners shall
9 be held in a public place, or any other place make available
10 for the purpose of such meeting in the Broward County
11 Courthouse and the place, date and hour of holding such
12 meeting and the purpose thereof shall be stated in the notice.
13 Landowners representing a majority of the number of acres in
14 the district, present in person or by proxy, shall constitute
15 a quorum at any meeting of the landowners; provided that
16 irrespective of the number of acres represented, there shall
17 be minimum of five (5) landowners owning separate parcels of
18 land, at each meeting.
19 (2) Special meetings of the board may be called at any
20 time to receive reports of the board, or for such other
21 purpose as the board may determine, upon 24 hours' notice to
22 board members and to the public by posting such notice at the
23 district office at a public location set aside for such
24 purposes. The board may call special meetings of the
25 landowners at any time to receive reports of the board or for
26 such other purpose as to the board may determine. A special
27 meeting of the landowners may also be called at any time upon
28 notice as provided hereinabove at the written request of the
29 owners of not less than twenty five (25) per cent in acreage
30 of the land within the district for the purpose of taking any
31 lawful action by the landowners of the district. Such special
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HB 863, First Engrossed
1 meeting shall be called by any court of competent jurisdiction
2 in the event that the board fails to do so upon request as
3 provided in the preceding sentence. Except as otherwise
4 provided in section 5 of this act with respect to the election
5 of supervisors, action taken at a meeting of the landowners
6 shall be by affirmative vote of the owners of at least a
7 majority in acreage of the land within the district
8 represented at such meeting.
9 (3) If no quorum is present or represented at a
10 meeting of the landowners at the time and place the same is
11 called to be held, the landowners present and represented,
12 although less than a quorum, may adjourn to another time or
13 day, and at such or any subsequent adjourned meetings may, if
14 a quorum is then present or represented, take any action that
15 the landowners could have taken a the meeting or meetings so
16 adjourned for lack of a quorum.
17 (4) At any meeting of the landowners, guardians may
18 represent their wards; executors and administrators may
19 represent the estate of deceased persons; trustees may
20 represent lands held by them in trust; and private
21 corporations may be represented by their duly authorized
22 proxy. All landowners, including guardians, executors,
23 administrators, trustees and corporations, may be represented
24 and vote by proxy.
25 Section 3. In the event any one or more of the
26 sections or provisions of this act or the application of such
27 sections or provisions to any situation, circumstance, or
28 person shall for any reason be held to be unconstitutional,
29 such unconstitutionality shall not affect any other section or
30 provision as to any other situation, circumstance, or person,
31 and it is intended that this law shall be construed and
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HB 863, First Engrossed
1 applied as if such section or provision had not been included
2 herein for any unconstitutional application.
3 Section 4. This act shall take effect upon becoming a
4 law.
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