Senate Bill sb2274

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    Florida Senate - 2003                                  SB 2274

    By Senator Bennett





    21-1437A-03                                             See HB

  1                      A bill to be entitled

  2         An act relating to district school boards;

  3         creating s. 1001.3715, F.S.; providing a

  4         procedure for election of a district school

  5         board chair by countywide vote in a school

  6         district with an appointed district school

  7         superintendent; providing requirements for

  8         submission of the proposition to electors of

  9         the school district; providing for election of

10         a district school board vice chair by the

11         district school board; creating s. 1001.3717,

12         F.S.; providing powers and duties, terms of

13         office, and salary of a district school board

14         chair elected by countywide vote; providing an

15         effective date.

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

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19         Section 1.  Section 1001.3715, Florida Statutes, is

20  created to read:

21         1001.3715  Alternate procedure for election of district

22  school board chair in school district with appointed

23  superintendent; election of vice chair.--

24         (1)  The district school board chair shall be elected

25  in accordance with the provisions of s. 1001.371 unless, in a

26  school district in which the office of district school

27  superintendent is appointive pursuant to s. 1001.461, a

28  proposition calling for the district school board chair to be

29  elected by countywide vote is submitted to and approved by a

30  majority of the qualified electors voting on such proposition

31  in the manner provided in subsection (2).

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    Florida Senate - 2003                                  SB 2274
    21-1437A-03                                             See HB




 1         (2)  A proposition calling for the district school

 2  board chair to be elected by countywide vote shall be

 3  submitted to the electors of the school district at any

 4  primary, general, or otherwise-called special election, in

 5  either manner following:

 6         (a)  The district school board may adopt a formal

 7  resolution directing an election to be held to place the

 8  proposition on the ballot; or

 9         (b)  The electors of the school district may petition

10  to have the proposition placed on the ballot by presenting to

11  the district school board petitions signed by not less than 10

12  percent of the duly qualified electors residing within the

13  school district. The number of signatures required shall be

14  determined by the supervisor of elections according to the

15  number of registered electors in the school district as of the

16  date the petitioning electors register as a political

17  committee as provided in subsection (3).

18         (3)  The electors petitioning to have the proposition

19  placed on the ballot shall register as a political committee

20  pursuant to s. 106.03, and a specific person shall be

21  designated therein as chair of the committee to act for the

22  committee.

23         (4)  Each petition form circulated shall include the

24  wording: "As a registered elector of the school district of

25  _____ County, Florida, I am petitioning for a referendum

26  election to determine whether the district school board chair

27  shall be elected by countywide vote." The petition shall also

28  include space for the signature and address of the elector.

29  Each signature obtained shall be dated when made and is valid

30  for a period of 4 years following that date.

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    Florida Senate - 2003                                  SB 2274
    21-1437A-03                                             See HB




 1         (5)  Upon the filing of the petitions with the district

 2  school board by the chair of the committee, the district

 3  school board shall submit the petitions to the supervisor of

 4  elections for verification of the signatures. Within a period

 5  of not more than 30 days, the supervisor of elections shall

 6  determine whether the petitions contain the required number of

 7  valid signatures. The supervisor of elections shall be paid by

 8  the committee seeking verification the sum of 10 cents for

 9  each name checked.

10         (6)  If it is determined that the petitions have the

11  required signatures, the supervisor of elections shall certify

12  the petitions to the district school board, which shall adopt

13  a resolution requesting that an election date be set to

14  conform to the earliest primary, general, or otherwise-called

15  special election that occurs not less than 30 days after

16  certification of the petitions. If it is determined that the

17  petitions do not contain the required signatures, the

18  supervisor of elections shall so notify the district school

19  board, which shall file the petitions without taking further

20  action, and the matter shall be at an end. No additional names

21  may be added to the petitions, and the petitions may not be

22  used in any other proceeding.

23         (7)  No special election may be called for the sole

24  purpose of presenting the proposition to the vote of the

25  electors.

26         (8)  Any school district adopting the proposition set

27  forth in this section may thereafter return to the procedure

28  otherwise provided by law by following the same procedure

29  outlined in subsection (2).

30         (9)  The vice chair of the district school board shall

31  be elected by the members of the district school board.

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    Florida Senate - 2003                                  SB 2274
    21-1437A-03                                             See HB




 1         Section 2.  Section 1001.3717, Florida Statutes, is

 2  created to read:

 3         1001.3717  District school board chair elected by

 4  countywide vote; powers and duties; terms; salary.--

 5         (1)  Notwithstanding any other provision of law, a

 6  district school board chair elected by countywide vote

 7  pursuant to s. 1001.3715 may exercise the following powers and

 8  duties:

 9         (a)  Serve as chief executive officer of the school

10  district.

11         (b)  Hire the district school superintendent, subject

12  to district school board confirmation.

13         (c)  Hire deputy district school superintendents and

14  school district department directors, subject to district

15  school board confirmation.

16         (d)  Oversee all school district employees, with power

17  to hire, fire, and take other personnel actions.

18         (e)  Oversee all operations of the school district.

19         (f)  Oversee all capital improvement projects in the

20  school district.

21         (g)  Prepare the annual budget for approval by the

22  district school board.

23         (h)  Prepare district school board meeting agendas.

24         (i)  Chair all district school board meetings.

25         (j)  Vote on all district school board actions.

26         (k)  Prepare and propose new or amended school district

27  policies and rules for district school board consideration.

28         (l)  Prepare and propose purchases of goods, services,

29  and realty for district school board consideration.

30         (m)  Oversee the management of all district school

31  board property and records.

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    Florida Senate - 2003                                  SB 2274
    21-1437A-03                                             See HB




 1         (n)  Enforce all policies of the district school board.

 2         (o)  Take all other actions that are executive in

 3  nature.

 4         (2)  A district school board chair elected by

 5  countywide vote pursuant to s. 1001.3715 shall be limited to

 6  two 4-year terms.

 7         (3)  The salary of a district school board chair

 8  elected by countywide vote pursuant to s. 1001.3715 shall be

 9  set by district school board resolution, but shall not be less

10  than four times the compensation of each district school board

11  member.

12         Section 3.  This act shall take effect July 1, 2003.

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