Bill Text: HB 0295

HB 0295

2003

A bill to be entitled

An act relating to special districts; amending s.

189.4051, F.S.; requiring certain independent water

control districts within certain large-population counties

to have five-member governing boards who are elected in

conjunction with the general election on a nonpartisan

basis by the registered voters who are residents of the

district; providing for staggered terms; providing

applicability to current board members; providing an

effective date.

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

Section 1. Section 189.4051, Florida Statutes, is amended

to read:

189.4051 Elections; special requirements and procedures

for districts with governing boards elected on a one-acre/one-

vote basis.--

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

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

of age who is a citizen of the United States, a permanent

resident of Florida, and a freeholder or freeholder's spouse and

resident of the district who registers with the supervisor of

elections of a county within which the district lands are

located when the registration books are open.

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

inhabited urban area within a district with a minimum average

resident population density of at least 1.5 persons per acre as

defined by the latest official census, special census, or

population estimate or a minimum density of one single-family

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

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

plat subdivision. Urban areas shall be designated by the

governing board of the district with the assistance of all local

general-purpose governments having jurisdiction over the area

within the district.

of the governing board of a special district elected pursuant to

this section, provided that any board member elected by popular

vote shall be a qualified district elector and any board member

elected on a one-acre/one-vote basis shall meet the requirements

of s. 298.11 for election to the board.

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

compact urban area located entirely within a special district.

The separation of urban areas by a publicly owned park, right-

of-way, highway, road, railroad, canal, utility, body of water,

watercourse, or other minor geographical division of a similar

nature shall not prevent such areas from being defined as urban

areas.

(2) POPULAR ELECTIONS; REFERENDUM; DESIGNATION OF URBAN

AREAS.--

(a) Referendum.--

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

a special district where the board is elected on a one-acre/one-

vote basis on the question of whether certain members of a

district governing board should be elected by qualified

electors, provided each of the following conditions has been

satisfied at least 60 days prior to the general or special

election at which the referendum is to be held:

a. The district shall have a total population, according

to the latest official state census, a special census, or a

population estimate, of at least 500 qualified electors.

b. A petition signed by 10 percent of the qualified

electors of the district shall have been filed with the

governing board of the district. The petition shall be submitted

to the supervisor of elections of the county or counties in

which the lands are located. The supervisor shall, within 30

days after the receipt of the petitions, certify to the

governing board the number of signatures of qualified electors

contained on the petition.

2. Upon verification by the supervisor or supervisors of

elections of the county or counties within which district lands

are located that 10 percent of the qualified electors of the

district have petitioned the governing board, a referendum

election shall be called by the governing board at the next

regularly scheduled election of governing board members

occurring at least 30 days after verification of the petition or

within 6 months of verification, whichever is earlier.

3. If the qualified electors approve the election

procedure described in this subsection, the governing board of

the district shall be increased to five members and elections

shall be held pursuant to the criteria described in this

subsection beginning with the next regularly scheduled election

of governing board members or at a special election called

within 6 months following the referendum and final unappealed

approval of district urban area maps as provided in paragraph

(b), whichever is earlier.

4. If the qualified electors of the district disapprove

the election procedure described in this subsection, elections

of the members of the governing board shall continue as

described by s. 298.12 or the enabling legislation for the

district. No further referendum on the question shall be held

for a minimum period of 2 years following the referendum.

(b) Designation of urban areas.--

1. Within 30 days after approval of the election process

described in this subsection by qualified electors of the

district, the governing board shall direct the district staff to

prepare and present maps of the district describing the extent

and location of all urban areas within the district. Such

100

determination shall be based upon the criteria contained within

101

paragraph (1)(b).

102

2. Within 60 days after approval of the election process

103

described in this subsection by qualified electors of the

104

district, the maps describing urban areas within the district

105

shall be presented to the governing board.

106

3. Any district landowner or elector may contest the

107

accuracy of the urban area maps prepared by the district staff

108

within 30 days after submission to the governing board. Upon

109

notice of objection to the maps, the governing board shall

110

request the county engineer to prepare and present maps of the

111

district describing the extent and location of all urban areas

112

within the district. Such determination shall be based upon the

113

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

114

the governing board request, the county engineer shall present

115

the maps to the governing board.

116

4. Upon presentation of the maps by the county engineer,

117

the governing board shall compare the maps submitted by both the

118

district staff and the county engineer and make a determination

119

as to which set of maps to adopt. Within 60 days after

120

presentation of all such maps, the governing board may amend and

121

shall adopt the official maps at a regularly scheduled board

122

meeting.

123

5. Any district landowner or qualified elector may contest

124

the accuracy of the urban area maps adopted by the board within

125

30 days after adoption by petition to the circuit court with

126

jurisdiction over the district. Accuracy shall be determined

127

pursuant to paragraph (1)(b). Any petitions so filed shall be

128

heard expeditiously, and the maps shall either be approved or

129

approved with necessary amendments to render the maps accurate

130

and shall be certified to the board.

131

6. Upon adoption by the board or certification by the

132

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

133

maps for determination of the extent of urban area within the

134

district and the number of governing board members to be elected

135

by qualified electors and by the one-acre/one-vote principle at

136

the next regularly scheduled election of governing board

137

members.

138

7. Upon a determination of the percentage of urban area

139

within the district as compared with total area within the

140

district, the governing board shall order elections in

141

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

142

The landowners' meeting date shall be designated by the

143

governing board.

144

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

145

or sooner in the discretion of the governing board.

146

(3) GOVERNING BOARD.--

147

(a) Composition of board.--

148

1. Members of the governing board of the district shall be

149

elected in accordance with the following determinations of urban

150

area:

151

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

152

district, one governing board member shall be elected by the

153

qualified electors and four governing board members shall be

154

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

155

contained within s. 298.11 or the district-enabling legislation.

156

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

157

the district, two governing board members shall be elected by

158

the qualified electors and three governing board members shall

159

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

160

contained within s. 298.11 or the district-enabling legislation.

161

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

162

the district, three governing board members shall be elected by

163

the qualified electors and two governing board members shall be

164

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

165

contained within s. 298.11 or the district-enabling legislation.

166

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

167

the district, four governing board members shall be elected by

168

the qualified electors and one governing board member shall be

169

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

170

contained within s. 298.11 or the district-enabling legislation.

171

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

172

district, all governing board members shall be elected by the

173

qualified electors.

174

2. All governing board members elected by qualified

175

electors shall be elected at large.

176

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

177

by qualified electors shall have a term of 4 years except for

178

governing board members elected at the first election and the

179

first landowners' meeting following the referendum prescribed in

180

paragraph (2)(a). Governing board members elected at the first

181

election and the first landowners' meeting following the

182

referendum shall serve as follows:

183

1. If one governing board member is elected by the

184

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

185

basis, the governing board member elected by the qualified

186

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

187

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

188

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

189

prescribed by ss. 298.11 and 298.12.

190

2. If two governing board members are elected by the

191

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

192

basis, the governing board members elected by the electors shall

193

be elected for a period of 4 years. Governing board members

194

elected on a one-acre/one-vote basis shall be elected for

195

periods of 1, 2, and 3 years, respectively, as prescribed by ss.

196

298.11 and 298.12.

197

3. If three governing board members are elected by the

198

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

199

basis, two of the governing board members elected by the

200

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

201

governing board member elected by the electors shall be elected

202

for a term of 2 years. Governing board members elected on a one-

203

acre/one-vote basis shall be elected for terms of 1 and 2 years,

204

respectively, as prescribed by ss. 298.11 and 298.12.

205

4. If four governing board members are elected by the

206

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

207

basis, two of the governing board members elected by the

208

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

209

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

210

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

211

as prescribed by ss. 298.11 and 298.12.

212

5. If five governing board members are elected by the

213

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

214

and two for a term of 2 years.

215

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

216

board member elected by the qualified electors, the remaining

217

members of the governing board shall, within 45 days after the

218

vacancy occurs, appoint a person who would be eligible to hold

219

the office to the unexpired term.

220

221

1. An annual landowners' meeting shall be held pursuant to

222

s. 298.11 and at least one governing board member shall be

223

elected on a one-acre/one-vote basis pursuant to s. 298.12 for

224

so long as 10 percent or more of the district is not contained

225

in an urban area. In the event all district governing board

226

members are elected by qualified electors, there shall be no

227

further landowners' meetings.

228

2. At any landowners' meeting called pursuant to this

229

section, 50 percent of the district acreage shall not be

230

required to constitute a quorum and each governing board member

231

shall be elected by a majority of the acreage represented either

232

by owner or proxy present and voting at said meeting.

233

3. All landowners' meetings of districts operating

234

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

235

month preceding the month of the election of the governing board

236

members by the electors.

237

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

238

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

239

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

240

elected by qualified electors shall be nonpartisan.

241

Qualifications shall be pursuant to the Florida Election Code

242

and shall occur during the qualifying period established by s.

243

99.061. Qualification requirements shall only apply to those

244

governing board member candidates elected by qualified electors.

245

Following the first election pursuant to this section, elections

246

to the governing board by qualified electors shall occur at the

247

next regularly scheduled election closest in time to the

248

expiration date of the term of the elected governing board

249

member. If the next regularly scheduled election is beyond the

250

normal expiration time for the term of an elected governing

251

board member, the governing board member shall hold office until

252

the election of a successor.

253

(5) POPULAR ELECTIONS REQUIRED FOR CERTAIN WATER CONTROL

254

DISTRICTS.--Notwithstanding any other provision of this section

255

or s. 189.405 to the contrary, the governing board of any

256

single-county independent special district which is designated a

257

water control district pursuant to s. 298.001 and not exempt

258

under subsection (6), and which is within a county having a

259

population in excess of 1.5 million other than a county as

260

defined in s. 125.011(1), shall consist of five members elected

261

by vote of the registered voters of the county who are residents

262

of the district. Elections under this subsection shall be

263

nonpartisan, held in conjunction with the general election, and

264

conducted by the supervisor of elections of the county wherein

265

the district is located in accordance with the Florida Election

266

Code. All governing board members elected under this subsection

267

shall have a term of 4 years except for the governing board

268

members elected at the first election, of whom three shall be

269

elected for a term of 4 years and two shall be elected for a

270

term of 2 years.

271

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

272

(a)~~Those~~Districts established as single-purpose water

273

control districts, and which continue to act as single-purpose

274

water control districts, pursuant to chapter 298or,~~pursuant to~~

275

a special act,~~pursuant to a~~local government ordinance, or

276

~~pursuant to a~~judicial decree~~, shall be exempt from the~~

277

~~provisions of this section. All other independent special~~

278

~~districts with governing boards elected on a one-acre/one-vote~~

279

~~basis shall be subject to the provisions of this section~~.

280

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

281

Community development districts established pursuant to chapter

282

190.

283

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

284

special district subject to the provisions of subsection (5) of

285

section 189.4051, Florida Statutes, as created by this act,

286

shall terminate on the day of the general election in 2004 upon

287

the election of their successors as provided therein.

288

Section 3. This act shall take effect January 1, 2004.

289