Senate Bill sb1976c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                           CS for SB 1976

    By the Committee on Natural Resources; and Senator Aronberg





    312-2109-03

  1                      A bill to be entitled

  2         An act relating to special districts; amending

  3         s. 189.4051, F.S.; requiring certain

  4         independent water control districts within

  5         certain large-population counties to have

  6         five-member governing boards who are elected in

  7         conjunction with the general election on a

  8         nonpartisan basis by the registered voters who

  9         are residents of the district; providing for

10         staggered terms; providing applicability to

11         current board members; amending s. 374.982,

12         F.S.; adding Nassau County to the Florida

13         Inland Navigation District; providing an

14         effective date.

15  

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

17  

18         Section 1.  Section 189.4051, Florida Statutes, is

19  amended to read:

20         189.4051  Elections; special requirements and

21  procedures for districts with governing boards elected on a

22  one-acre/one-vote basis.--

23         (1)  DEFINITIONS.--As used in this section:

24         (a)  "Qualified elector" means any person at least 18

25  years of age who is a citizen of the United States, a

26  permanent resident of Florida, and a freeholder or

27  freeholder's spouse and resident of the district who registers

28  with the supervisor of elections of a county within which the

29  district lands are located when the registration books are

30  open.

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1976
    312-2109-03




 1         (b)  "Urban area" means a contiguous developed and

 2  inhabited urban area within a district with a minimum average

 3  resident population density of at least 1.5 persons per acre

 4  as defined by the latest official census, special census, or

 5  population estimate or a minimum density of one single-family

 6  home per 2.5 acres with access to improved roads or a minimum

 7  density of one single-family home per 5 acres within a

 8  recorded plat subdivision. Urban areas shall be designated by

 9  the governing board of the district with the assistance of all

10  local general-purpose governments having jurisdiction over the

11  area within the district.

12         (c)  "Governing board member" means any duly elected

13  member of the governing board of a special district elected

14  pursuant to this section, provided that any board member

15  elected by popular vote shall be a qualified district elector

16  and any board member elected on a one-acre/one-vote basis

17  shall meet the requirements of s. 298.11 for election to the

18  board.

19         (d)  "Contiguous developed urban area" means any

20  reasonably compact urban area located entirely within a

21  special district. The separation of urban areas by a publicly

22  owned park, right-of-way, highway, road, railroad, canal,

23  utility, body of water, watercourse, or other minor

24  geographical division of a similar nature shall not prevent

25  such areas from being defined as urban areas.

26         (2)  POPULAR ELECTIONS; REFERENDUM; DESIGNATION OF

27  URBAN AREAS.--

28         (a)  Referendum.--

29         1.  A referendum shall be called by the governing board

30  of a special district where the board is elected on a

31  one-acre/one-vote basis on the question of whether certain

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1976
    312-2109-03




 1  members of a district governing board should be elected by

 2  qualified electors, provided each of the following conditions

 3  has been satisfied at least 60 days prior to the general or

 4  special election at which the referendum is to be held:

 5         a.  The district shall have a total population,

 6  according to the latest official state census, a special

 7  census, or a population estimate, of at least 500 qualified

 8  electors.

 9         b.  A petition signed by 10 percent of the qualified

10  electors of the district shall have been filed with the

11  governing board of the district. The petition shall be

12  submitted to the supervisor of elections of the county or

13  counties in which the lands are located. The supervisor shall,

14  within 30 days after the receipt of the petitions, certify to

15  the governing board the number of signatures of qualified

16  electors contained on the petition.

17         2.  Upon verification by the supervisor or supervisors

18  of elections of the county or counties within which district

19  lands are located that 10 percent of the qualified electors of

20  the district have petitioned the governing board, a referendum

21  election shall be called by the governing board at the next

22  regularly scheduled election of governing board members

23  occurring at least 30 days after verification of the petition

24  or within 6 months of verification, whichever is earlier.

25         3.  If the qualified electors approve the election

26  procedure described in this subsection, the governing board of

27  the district shall be increased to five members and elections

28  shall be held pursuant to the criteria described in this

29  subsection beginning with the next regularly scheduled

30  election of governing board members or at a special election

31  called within 6 months following the referendum and final

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1976
    312-2109-03




 1  unappealed approval of district urban area maps as provided in

 2  paragraph (b), whichever is earlier.

 3         4.  If the qualified electors of the district

 4  disapprove the election procedure described in this

 5  subsection, elections of the members of the governing board

 6  shall continue as described by s. 298.12 or the enabling

 7  legislation for the district. No further referendum on the

 8  question shall be held for a minimum period of 2 years

 9  following the referendum.

10         (b)  Designation of urban areas.--

11         1.  Within 30 days after approval of the election

12  process described in this subsection by qualified electors of

13  the district, the governing board shall direct the district

14  staff to prepare and present maps of the district describing

15  the extent and location of all urban areas within the

16  district. Such determination shall be based upon the criteria

17  contained within paragraph (1)(b).

18         2.  Within 60 days after approval of the election

19  process described in this subsection by qualified electors of

20  the district, the maps describing urban areas within the

21  district shall be presented to the governing board.

22         3.  Any district landowner or elector may contest the

23  accuracy of the urban area maps prepared by the district staff

24  within 30 days after submission to the governing board. Upon

25  notice of objection to the maps, the governing board shall

26  request the county engineer to prepare and present maps of the

27  district describing the extent and location of all urban areas

28  within the district. Such determination shall be based upon

29  the criteria contained within paragraph (1)(b). Within 30 days

30  after the governing board request, the county engineer shall

31  present the maps to the governing board.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1976
    312-2109-03




 1         4.  Upon presentation of the maps by the county

 2  engineer, the governing board shall compare the maps submitted

 3  by both the district staff and the county engineer and make a

 4  determination as to which set of maps to adopt. Within 60 days

 5  after presentation of all such maps, the governing board may

 6  amend and shall adopt the official maps at a regularly

 7  scheduled board meeting.

 8         5.  Any district landowner or qualified elector may

 9  contest the accuracy of the urban area maps adopted by the

10  board within 30 days after adoption by petition to the circuit

11  court with jurisdiction over the district. Accuracy shall be

12  determined pursuant to paragraph (1)(b). Any petitions so

13  filed shall be heard expeditiously, and the maps shall either

14  be approved or approved with necessary amendments to render

15  the maps accurate and shall be certified to the board.

16         6.  Upon adoption by the board or certification by the

17  court, the district urban area maps shall serve as the

18  official maps for determination of the extent of urban area

19  within the district and the number of governing board members

20  to be elected by qualified electors and by the

21  one-acre/one-vote principle at the next regularly scheduled

22  election of governing board members.

23         7.  Upon a determination of the percentage of urban

24  area within the district as compared with total area within

25  the district, the governing board shall order elections in

26  accordance with the percentages pursuant to paragraph (3)(a).

27  The landowners' meeting date shall be designated by the

28  governing board.

29         8.  The maps shall be updated and readopted every 5

30  years or sooner in the discretion of the governing board.

31         (3)  GOVERNING BOARD.--

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1976
    312-2109-03




 1         (a)  Composition of board.--

 2         1.  Members of the governing board of the district

 3  shall be elected in accordance with the following

 4  determinations of urban area:

 5         a.  If urban areas constitute 25 percent or less of the

 6  district, one governing board member shall be elected by the

 7  qualified electors and four governing board members shall be

 8  elected in accordance with the one-acre/one-vote principle

 9  contained within s. 298.11 or the district-enabling

10  legislation.

11         b.  If urban areas constitute 26 percent to 50 percent

12  of the district, two governing board members shall be elected

13  by the qualified electors and three governing board members

14  shall be elected in accordance with the one-acre/one-vote

15  principle contained within s. 298.11 or the district-enabling

16  legislation.

17         c.  If urban areas constitute 51 percent to 70 percent

18  of the district, three governing board members shall be

19  elected by the qualified electors and two governing board

20  members shall be elected in accordance with the

21  one-acre/one-vote principle contained within s. 298.11 or the

22  district-enabling legislation.

23         d.  If urban areas constitute 71 percent to 90 percent

24  of the district, four governing board members shall be elected

25  by the qualified electors and one governing board member shall

26  be elected in accordance with the one-acre/one-vote principle

27  contained within s. 298.11 or the district-enabling

28  legislation.

29         e.  If urban areas constitute 91 percent or more of the

30  district, all governing board members shall be elected by the

31  qualified electors.

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1976
    312-2109-03




 1         2.  All governing board members elected by qualified

 2  electors shall be elected at large.

 3         (b)  Term of office.--All governing board members

 4  elected by qualified electors shall have a term of 4 years

 5  except for governing board members elected at the first

 6  election and the first landowners' meeting following the

 7  referendum prescribed in paragraph (2)(a). Governing board

 8  members elected at the first election and the first

 9  landowners' meeting following the referendum shall serve as

10  follows:

11         1.  If one governing board member is elected by the

12  qualified electors and four are elected on a one-acre/one-vote

13  basis, the governing board member elected by the qualified

14  electors shall be elected for a period of 4 years. Governing

15  board members elected on a one-acre/one-vote basis shall be

16  elected for periods of 1, 2, 3, and 4 years, respectively, as

17  prescribed by ss. 298.11 and 298.12.

18         2.  If two governing board members are elected by the

19  qualified electors and three are elected on a

20  one-acre/one-vote basis, the governing board members elected

21  by the electors shall be elected for a period of 4 years.

22  Governing board members elected on a one-acre/one-vote basis

23  shall be elected for periods of 1, 2, and 3 years,

24  respectively, as prescribed by ss. 298.11 and 298.12.

25         3.  If three governing board members are elected by the

26  qualified electors and two are elected on a one-acre/one-vote

27  basis, two of the governing board members elected by the

28  electors shall be elected for a term of 4 years and the other

29  governing board member elected by the electors shall be

30  elected for a term of 2 years. Governing board members elected

31  on a one-acre/one-vote basis shall be elected for terms of 1

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1976
    312-2109-03




 1  and 2 years, respectively, as prescribed by ss. 298.11 and

 2  298.12.

 3         4.  If four governing board members are elected by the

 4  qualified electors and one is elected on a one-acre/one-vote

 5  basis, two of the governing board members elected by the

 6  electors shall be elected for a term of 2 years and the other

 7  two for a term of 4 years. The governing board member elected

 8  on a one-acre/one-vote basis shall be elected for a term of 1

 9  year as prescribed by ss. 298.11 and 298.12.

10         5.  If five governing board members are elected by the

11  qualified electors, three shall be elected for a term of 4

12  years and two for a term of 2 years.

13         6.  If any vacancy occurs in a seat occupied by a

14  governing board member elected by the qualified electors, the

15  remaining members of the governing board shall, within 45 days

16  after the vacancy occurs, appoint a person who would be

17  eligible to hold the office to the unexpired term.

18         (c)  Landowners' meetings.--

19         1.  An annual landowners' meeting shall be held

20  pursuant to s. 298.11 and at least one governing board member

21  shall be elected on a one-acre/one-vote basis pursuant to s.

22  298.12 for so long as 10 percent or more of the district is

23  not contained in an urban area. In the event all district

24  governing board members are elected by qualified electors,

25  there shall be no further landowners' meetings.

26         2.  At any landowners' meeting called pursuant to this

27  section, 50 percent of the district acreage shall not be

28  required to constitute a quorum and each governing board

29  member shall be elected by a majority of the acreage

30  represented either by owner or proxy present and voting at

31  said meeting.

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1976
    312-2109-03




 1         3.  All landowners' meetings of districts operating

 2  pursuant to this section shall be set by the board within the

 3  month preceding the month of the election of the governing

 4  board members by the electors.

 5         4.  Vacancies on the board shall be filled pursuant to

 6  s. 298.12 except as otherwise provided in subparagraph (b)6.

 7         (4)  QUALIFICATIONS.--Elections for governing board

 8  members elected by qualified electors shall be nonpartisan.

 9  Qualifications shall be pursuant to the Florida Election Code

10  and shall occur during the qualifying period established by s.

11  99.061. Qualification requirements shall only apply to those

12  governing board member candidates elected by qualified

13  electors. Following the first election pursuant to this

14  section, elections to the governing board by qualified

15  electors shall occur at the next regularly scheduled election

16  closest in time to the expiration date of the term of the

17  elected governing board member. If the next regularly

18  scheduled election is beyond the normal expiration time for

19  the term of an elected governing board member, the governing

20  board member shall hold office until the election of a

21  successor.

22         (5)  POPULAR ELECTIONS REQUIRED FOR CERTAIN WATER

23  CONTROL DISTRICTS.--Notwithstanding any other provision of

24  this section or s. 189.405 to the contrary, the governing

25  board of any single-county independent special district which

26  is designated a water control district pursuant to s. 298.001

27  and not exempt under subsection (6), and which is within a

28  county having a population in excess of 1.5 million other than

29  a county as defined in s. 125.011(1), shall consist of five

30  members elected by vote of the registered voters of the county

31  who are residents of the district. Elections under this

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1976
    312-2109-03




 1  subsection shall be nonpartisan, held in conjunction with the

 2  general election, and conducted by the supervisor of elections

 3  of the county wherein the district is located in accordance

 4  with the Florida Election Code. All governing board members

 5  elected under this subsection shall have a term of 4 years

 6  except for the governing board members elected at the first

 7  election, of whom three shall be elected for a term of 4 years

 8  and two shall be elected for a term of 2 years.

 9         (6)(5)  EXEMPTIONS.--This section does not apply to:

10         (a)  Those Districts established as single-purpose

11  water control districts, and which continue to act as

12  single-purpose water control districts, pursuant to chapter

13  298 or, pursuant to a special act, pursuant to a local

14  government ordinance, or pursuant to a judicial decree, shall

15  be exempt from the provisions of this section. All other

16  independent special districts with governing boards elected on

17  a one-acre/one-vote basis shall be subject to the provisions

18  of this section.

19         (b)(6)  The provisions of this section shall not apply

20  to Community development districts established pursuant to

21  chapter 190.

22         Section 2.  The terms of all governing board members of

23  any special district subject to the provisions of subsection

24  (5) of section 189.4051, Florida Statutes, as created by this

25  act, shall terminate on the day of the general election in

26  2004 upon the election of their successors as provided

27  therein.

28         Section 3.  Section 374.982, Florida Statutes, is

29  amended to read:

30         374.982  District.--An independent special taxing

31  district to be known as the "Florida Inland Navigation

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1976
    312-2109-03




 1  District" is hereby created.  The territorial boundaries of

 2  the district shall be the counties of Nassau, Duval, St.

 3  Johns, Flagler, Volusia, Brevard, St. Lucie, Martin, Indian

 4  River, Palm Beach, Broward, and Dade. For purposes of this

 5  chapter, the term "district" means the Florida Inland

 6  Navigation District and the term "board" means the Board of

 7  Commissioners of the Florida Inland Navigation District.

 8         Section 4.  This act shall take effect January 1, 2004.

 9  

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 1976

12                                 

13  The committee substitute amends the territorial boundaries of
    the Florida Inland Navigation District to include Nassau
14  County.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.