| 1 | A bill to be entitled |
| 2 | An act relating to district school boards; creating s. |
| 3 | 1001.3715, F.S.; providing a procedure for election of a |
| 4 | district school board chair by countywide vote in a school |
| 5 | district with single-member representation and an |
| 6 | appointed district school superintendent; providing |
| 7 | requirements for submission of the proposition to electors |
| 8 | of the school district; providing for election of a |
| 9 | district school board vice chair by the district school |
| 10 | board; creating s. 1001.3717, F.S.; providing powers and |
| 11 | duties, terms of office, and salary of a district school |
| 12 | board chair elected by countywide vote; providing an |
| 13 | effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 1001.3715, Florida Statutes, is created |
| 18 | to read: |
| 19 | 1001.3715 Alternate procedure for election of district |
| 20 | school board chair in school district with single-member |
| 21 | representation and an appointed superintendent; election of vice |
| 22 | chair.-- |
| 23 | (1) The district school board chair shall be elected in |
| 24 | accordance with the provisions of s. 1001.371 unless, in a |
| 25 | school district with single-member representation, pursuant to |
| 26 | s. 1001.362, 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 in |
| 31 | the manner provided in subsection (2). |
| 32 | (2) A proposition calling for the district school board |
| 33 | chair to be elected by countywide vote shall be submitted to the |
| 34 | electors of the school district at any primary, general, or |
| 35 | otherwise-called special election in either manner following: |
| 36 | (a) The district school board may adopt a formal |
| 37 | resolution directing an election to be held to place the |
| 38 | proposition on the ballot; or |
| 39 | (b) The electors of the school district may petition to |
| 40 | have the proposition placed on the ballot by presenting to the |
| 41 | district school board petitions signed by not less than 10 |
| 42 | percent of the duly qualified electors residing within the |
| 43 | school district. The number of signatures required shall be |
| 44 | determined by the supervisor of elections according to the |
| 45 | number of registered electors in the school district as of the |
| 46 | date the petitioning electors register as a political committee |
| 47 | as provided in subsection (3). |
| 48 | (3) The electors petitioning to have the proposition |
| 49 | placed on the ballot shall register as a political committee |
| 50 | pursuant to s. 106.03, and a specific person shall be designated |
| 51 | therein as chair of the committee to act for the committee. |
| 52 | (4) Each petition form circulated shall include the |
| 53 | wording: "As a registered elector of the school district of |
| 54 | _____ County, Florida, I am petitioning for a referendum |
| 55 | election to determine whether the district school board chair |
| 56 | shall be elected by countywide vote." The petition shall also |
| 57 | include space for the signature and address of the elector. Each |
| 58 | signature obtained shall be dated when made and is valid for a |
| 59 | period of 4 years following that date. |
| 60 | (5) Upon the filing of the petitions with the district |
| 61 | school board by the chair of the committee, the district school |
| 62 | board shall submit the petitions to the supervisor of elections |
| 63 | for verification of the signatures. Within a period of not more |
| 64 | than 30 days, the supervisor of elections shall determine |
| 65 | whether the petitions contain the required number of valid |
| 66 | signatures. The supervisor of elections shall be paid by the |
| 67 | committee seeking verification the sum of 10 cents for each name |
| 68 | checked. |
| 69 | (6) If it is determined that the petitions have the |
| 70 | required signatures, the supervisor of elections shall certify |
| 71 | the petitions to the district school board, which shall adopt a |
| 72 | resolution requesting that an election date be set to conform to |
| 73 | the earliest primary, general, or otherwise-called special |
| 74 | election that occurs not less than 30 days after certification |
| 75 | of the petitions. If it is determined that the petitions do not |
| 76 | contain the required signatures, the supervisor of elections |
| 77 | shall so notify the district school board, which shall file the |
| 78 | petitions without taking further action, and the matter shall be |
| 79 | at an end. No additional names may be added to the petitions, |
| 80 | and the petitions may not be used in any other proceeding. |
| 81 | (7) No special election may be called for the sole purpose |
| 82 | of presenting the proposition to the vote of the electors. |
| 83 | (8) A district school board may increase its membership by |
| 84 | one member through redistricting either simultaneously with, or |
| 85 | at any time after, the implementation of the elected district |
| 86 | school board chair governance option pursuant to this section. |
| 87 | (9) Any school district adopting the proposition set forth |
| 88 | in this section may thereafter return to the procedure otherwise |
| 89 | provided by law by following the same procedure outlined in |
| 90 | subsection (2). |
| 91 | (10) The vice chair of the district school board shall be |
| 92 | elected by the members of the district school board. |
| 93 | Section 2. Section 1001.3717, Florida Statutes, is created |
| 94 | to read: |
| 95 | 1001.3717 District school board chair elected by |
| 96 | countywide vote; powers and duties; terms; salary.-- |
| 97 | (1) Notwithstanding any other provision of law, a district |
| 98 | school board chair elected by countywide vote pursuant to s. |
| 99 | 1001.3715 may exercise the following powers and duties: |
| 100 | (a) Serve as chief executive officer of the school |
| 101 | district. |
| 102 | (b) Hire and fire the district school superintendent, but |
| 103 | only with the approval of the district school board. |
| 104 | (c) Hire and fire deputy district school superintendents |
| 105 | and school district department directors, but only with the |
| 106 | approval of the district school board. |
| 107 | (d) Oversee all operations of the school district. |
| 108 | (e) Oversee all capital improvement projects approved by |
| 109 | the district school board for the school district. |
| 110 | (f) Prepare the annual budget for approval by the district |
| 111 | school board. |
| 112 | (g) Prepare district school board meeting agendas. |
| 113 | (h) Chair all district school board meetings. |
| 114 | (i) Vote on all district school board actions. |
| 115 | (j) Prepare and propose new or amended school district |
| 116 | policies and rules for district school board consideration. |
| 117 | (k) Prepare and propose purchases of goods, services, and |
| 118 | realty for district school board consideration. |
| 119 | (l) Oversee the management of all district school board |
| 120 | property and records. |
| 121 | (m) Oversee the enforcement of policies of the district |
| 122 | school board. |
| 123 | (n) Call the district school board into regular and |
| 124 | special session. |
| 125 | (o) Serve as the official representative and ceremonial |
| 126 | dignitary for the district school board, with the prerogative to |
| 127 | issue proclamations. |
| 128 | (p) Annually present a "state of the schools" message |
| 129 | setting forth programs and improvements to be recommended to the |
| 130 | district school board. |
| 131 | (q) Execute all contracts and other legal documents, with |
| 132 | the power to delegate such authority to execute. |
| 133 | (r) Carry out all other duties and responsibilities |
| 134 | prescribed by law or assigned by the district school board. |
| 135 | (s) Take all other actions that are executive in nature. |
| 136 | (2) A district school board chair elected by countywide |
| 137 | vote pursuant to s. 1001.3715 shall be limited to the extent |
| 138 | other district school board members are term limited. |
| 139 | (3) The salary of a district school board chair elected by |
| 140 | countywide vote pursuant to s. 1001.3715 shall be set by |
| 141 | district school board resolution, but shall not be less than the |
| 142 | lowest salary and not more than the highest salary being paid to |
| 143 | county officers identified in s. 1(d), Art. VIII of the State |
| 144 | Constitution. |
| 145 | Section 3. This act shall take effect July 1, 2004. |