Amendment

Bill No. 1607

Amendment No. 031127

CHAMBER ACTION
Senate		House
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1	Representative Davis, M. offered the following:
2
3	Amendment (with title amendment)
4	Remove the entire body and insert:
5	Section 1.  Sections 10 and 14 of section 2 of chapter 98-
6	524, Laws of Florida, are amended to read:
7	Section 10.  Board of supervisors; election; organization;
8	terms of office; benefits; quorum; report and minutes.--
9	(1)  The board of supervisors of the district shall be the
10	governing body of the district and shall exercise the powers
11	granted to the district under this act and under chapter 298,
12	Florida Statutes.  The board shall consist of six members, until
13	the first meeting of the board following certification of the
14	November 2006 election, and seven members thereafter. and,
15	Except as otherwise provided herein, each member shall hold
16	office for a term of 4 years and until his or her successor
17	shall be chosen and shall qualify. A majority of the members of
18	the board shall be residents of Broward County.  All of the
19	members of the board shall be residents of the State of Florida
20	and shall own land lying within the boundaries of the district.
21	(2)  Beginning with the November 2004 election, a candidate
22	for the office of supervisor shall, at the time of his or her
23	qualification for office, be a qualified elector of the South
24	Broward Drainage District and shall qualify with the county
25	supervisor of elections in accordance with the Florida Election
26	Code and this act. To be a qualified candidate of the South
27	Broward Drainage District, he or she shall, at the time of his
28	or her qualification, have continuously resided within the
29	boundaries of the district and within the respective zone that
30	he or she may represent for the 60 days immediately preceding
31	his or her qualifying for office and until he or she is inducted
32	into office. Each supervisor shall reside within the district
33	and within the geographical zone he or she represents during his
34	or her entire term in office, but any supervisor who has the
35	boundaries of his or her zone changed and because of said change
36	no longer resides within the zone he or she represents shall
37	remain in office until the normal expiration of his or her term.
38	(3)(2)  Notwithstanding any other provision of this act,
39	the persons who are members of the board of supervisors of the
40	district in office when this act takes effect shall constitute
41	the members of the board until the next election for their
42	seats. Those members of the board whose terms expire in June
43	2004 shall remain members of the board and their terms shall be
44	extended from June 2004 until their successors are inducted into
45	office at the first regularly scheduled meeting of the board
46	following certification of the November 2004 general election.
47	Those members of the board whose terms expire in June 2006 shall
48	remain members of the board and their terms shall be extended
49	from June 2006 until their successors are inducted into office
50	at the first regularly scheduled meeting of the board following
51	certification of the November 2006 general election.
52	(4)  After the effective date of this act, except as stated
53	herein, all supervisors shall be elected by the qualified
54	electors of the district on a nonpartisan basis. Except as
55	stated herein, the seven supervisors shall be elected from seven
56	single-member zones which shall be identified as Zone 1, Zone 2,
57	Zone 3, Zone 4, Zone 5, Zone 6, and Zone 7. The supervisors
58	shall be elected from the registered voters of each respective
59	zone.
60	(5)  That part of the district located within the
61	district's seven zones is as follows:
62	(a)  Zone 1:
63	All of Sections 31, 32 and 33 of Township 50 South,
64	Range 40 East,
65	Together with;
66	All of Sections 4, 5, 6, and 7 of Township 51 South,
67	Range 40 East,
68	Together with;
69	All of Sections 34, 35 and 36 of Township 50 South,
70	Range 39 East,
71	Together with;
72	All of Sections 1, 2, 3, 10, 11 and 12 of Township 51
73	South, Range 39 East,
74	Together with;
75	All of Sections 28, 29 and 30 of Township 50 South,
76	Range 40 East lying south of the South Florida Water
77	Management District Canal C-11 right-of-way,
78	Together with;
79	All of Sections 25, 26 and 27 of Township 50 South,
80	Range 39 East lying south of the South Florida Water
81	Management District Canal C-11 right-of-way,
82	Together with;
83	The North one-half (N 1/() of Section 18, of Township
84	51 South, Range 40 East,
85	Together with;
86	The North one-half (N 1/() of Sections 13, 14 and 15
87	of Township 51 South, Range 39 East.
88	(b)  Zone 2:
89	All of Sections 19, 30, 31 and 32 of Township 51
90	South, Range 40 East,
91	Together with;
92	The South one-half (S 1/() of Sections 18 and 29 of
93	Township 51 South, Range 40 East,
94	Together with;
95	All of the South one-half (S 1/() of Section 28 of
96	Township 51 South, Range 40 East lying west of the
97	centerline of the Interstate Highway I-75 right-of-
98	way,
99	Together with;
100	All of Sections 22, 23, 24, 25, 26, 27, 34, 35 and 36
101	of Township 51 South, Range 39 East,
102	Together with;
103	The South one-half (S 1/() of Sections 13, 14 and 15
104	of Township 51 South, Range 39 East,
105	Together with;
106	All of Section 33 of Township 51 South, Range 40 East
107	lying west of the centerline of the Interstate Highway
108	I-75 right-of-way.
109	(c)  Zone 3:
110	All of the South one-half (S 1/() of Section 15 of
111	Township 51 South, Range 40 East lying west of the
112	centerline of the Interstate Highway I-75 right-of-
113	way,
114	Together with;
115	All of the North one-half (N 1/() of Section 22 of
116	Township 51 South, Range 40 East lying west of the
117	centerline of the Interstate Highway I-75 right-of-
118	way,
119	Together with;
120	All of Sections 8, 9, 10, 11, 16 and 17 of Township 51
121	South, Range 40 East,
122	Together with;
123	The North one-half (N 1/() of Sections 14, 15, 20 and
124	21 of Township 51 South, Range 40 East.
125	(d)  Zone 4:
126	All of Sections 23, 26, 27, 34, 35 and 36 of Township
127	51 South, Range 40 East,
128	Together with;
129	All of Section 30 of Township 51 South, Range 41 East,
130	Together with;
131	The South one-half (S 1/() of Section 19 of Township
132	51 South, Range 41 East,
133	Together with;
134	The South one-half (S 1/() of Sections 14, 20, 21, 22
135	and 25 of Township 51 South, Range 40 East,
136	Together with;
137	All of the South one-half (S 1/() of Sections 15 and
138	28 of Township 51 South, Range 40 East lying east of
139	the centerline of the Interstate Highway I-75 right-
140	of-way,
141	Together with;
142	The North one-half (N 1/() of Sections 28 and 29 of
143	Township 51 South, Range 40 East,
144	Together with;
145	All of the North one-half (N 1/() of Section 22 of
146	Township 51 South, Range 40 East lying east of the
147	centerline of the Interstate Highway I-75 right-of-
148	way,
149	Together with;
150	All of Section 33 of Township 51 South, Range 40 East
151	lying east of the centerline of the Interstate Highway
152	I-75 right-of-way.
153	(e)  Zone 5:
154	All of Sections 12, 13 and 24 of Township 51 South,
155	Range 40 East,
156	Together with;
157	All of Section 7 of Township 51 South, Range 41 East,
158	Together with;
159	The North one-half (N 1/() of Section 18 of Township
160	51 South, Range 41 East,
161	Together with;
162	The North one-half (N 1/() of Section 25 of Township
163	51 South, Range 40 East.
164	(f)  Zone 6:
165	All of Sections 8, 17, 20 and 29 of Township 51 South,
166	Range 41 East,
167	Together with;
168	The South one-half (S 1/() of Section 18 of Township 51
169	South, Range 41 East,
170	Together with;
171	The North one-half (N 1/() of Sections 9 and 19 of
172	Township 51 South, Range 41 East.
173	(g)  Zone 7:
174	All of Sections 15, 16, 21 and 28 of Township 51 South,
175	Range 41 East,
176	Together with;
177	The South one-half (S 1/() of Sections 9 and 10 of
178	Township 51 South, Range 41 East,
179	Together with;
180	The Southwest one-quarter (SW 1/4) of Section 11 of
181	Township 51 South, Range 41 East,
182	Together with;
183	The Northwest one-quarter (NW 1/4) of Section 14 of
184	Township 51 South, Range 41 East,
185	Together with;
186	The North one-half (N 1/() of Section 22 of Township
187	51 South, Range 41 East.
188	(6)  Commencing with the first regularly scheduled meeting
189	of the board following certification of the November 2006
190	general election, except as stated in this act, the board shall
191	be composed of seven members as follows:
192	(a)  Three supervisors shall be elected in the general
193	election of November 2004. At the November 2004 general
194	election, one supervisor shall be elected from the combined
195	registered voters from Zones 1 and 2, one supervisor shall be
196	elected from the combined registered voters from Zones 3 and 4,
197	and one supervisor shall be elected from the combined registered
198	voters from Zones 5, 6, and 7. The supervisors elected in
199	November 2004 shall serve until their terms expire in November
200	2008.
201	(b)  In the general election of November 2006, and in the
202	November general election of every fourth year thereafter, one
203	supervisor shall be elected from the zone in which the
204	supervisor elected in 2004 from Zones 1 and 2 is not a resident,
205	one supervisor shall be elected from the zone in which the
206	supervisor elected in 2004 from Zones 3 and 4 is not a resident,
207	and one supervisor shall be elected from each of the two zones
208	in which the supervisor elected in 2004 from Zones 5, 6, and 7
209	is not a resident.
210	(c)  In the general election of November 2008, the zones in
211	which the supervisors elected in 2004 reside and whose terms of
212	office expire in November 2008 shall be designated as the zones
213	whose representatives shall be elected in 2008 and in the
214	November general election of every fourth year thereafter.
215	(d)  If only one candidate qualifies for an office, that
216	candidate shall be deemed elected. If two or more candidates
217	qualify for an office, the names of those candidates shall be
218	placed on the ballot for the designated November general
219	election.
220	(e)  The candidate receiving the highest number of votes
221	cast for the office of supervisor for each respective zone at
222	each respective election shall be declared elected to such
223	office. If the vote results in a tie, the outcome shall be
224	determined by lot.
225	(f)  Supervisors elected or reelected shall be inducted
226	into office at the first regularly scheduled meeting of the
227	board following certification of the election.
228	(7)  Except as provided in this section, election of
229	supervisors shall be as provided in the Florida Election Code
230	and revisions thereto.
231	(8)  The boundaries of Zones 1, 2, 3, 4, 5, 6, and 7 shall
232	be reviewed and revised by the board upon the occurrence of any
233	of the following events:
234	(a)  The district's geographical area changes by 10 percent
235	or more;
236	(b)  The district's population changes by 10 percent or
237	more since the previous determination of the single-member zone
238	boundaries;
239	(c)  Any annexation, deannexation, or merger causes the
240	population of the district to increase or decrease by 5 percent
241	or more; or
242	(d)  The passage of at least 10 years since the previous
243	review of the single-member zone boundaries. If the population
244	of the single-member zones meets the requirements of subsection
245	(9), the boundaries of the single-member zones may remain as is.
246	(9)  With the assistance of the district director,
247	engineer, and attorney, revisions to the boundaries of the seven
248	zones shall result in the population of each zone being no less
249	than 13.58 percent of the total population of the district and
250	no greater than 15 percent of the total population of the
251	district according to the latest census or official population
252	determination.
253	(3)  In the month of June of 2000, there shall be held a
254	meeting of the landowners of South Broward Drainage District at
255	the office of the district in Broward County, for the purpose of
256	holding an election to fill the seats of the three supervisors
257	whose terms expire in June of 2000; and, in the month of June of
258	each fourth year thereafter, there shall be held such a meeting
259	to fill the same three seats.  In the month of June of 2002,
260	there shall be held a meeting of the landowners of South Broward
261	Drainage District at the office of the district in Broward
262	County for the purpose of holding an election to fill the seats
263	of the three supervisors whose terms expire in June of 2002;
264	and, in the month of June of each fourth year thereafter, there
265	shall be held such a meeting to fill the same three seats.
266	Notice of said landowners' meeting shall be published as
267	provided by section 20. The president of the board of
268	supervisors shall conduct the meeting.  At such meeting, each
269	landowner shall be entitled to cast one vote for each person to
270	be elected.  A landowner may vote in person or by proxy in
271	writing.  Each landowner shall be entitled to cast one vote for
272	each acre of land owned by him and located within the district
273	boundaries.  Fractions of an acre shall be treated as one acre,
274	entitling the landowner to one vote with respect thereto.  The
275	three persons at the respective elections who receive the
276	highest number of votes for the office of supervisor shall be
277	declared elected.
278	(10)(4)  Each supervisor, before entering upon his or her
279	official duties, shall take and subscribe to an oath of office
280	as prescribed in s. 298.13, Florida Statutes.
281	(11)(5)  All supervisors shall hold office for the terms
282	for which they are elected or appointed and until their
283	successors shall be chosen and qualify.  In case of a vacancy in
284	the office of any supervisor, the remaining supervisor or
285	supervisors, even though less than a quorum, may fill such
286	vacancy for the unexpired term of the supervisor who vacated his
287	or her office.
288	(12)(6)  At the first meeting of the board following
289	certification of the general election of November 2004 and at
290	the first regularly scheduled meeting of the board following
291	certification of the general election in the month of November
292	of every other year thereafter As soon as practicable after each
293	election, the board shall organize by electing from choosing one
294	of their members a number president, a secretary, and a
295	treasurer of the board and by electing a secretary, who need not
296	be a member of the board.
297	(13)(7)  A majority of the members of the board shall
298	constitute a quorum.
299	(14)  Except as stated in sections 12 and 14, the
300	supervisors of the district shall not receive any benefits,
301	including, but not limited to, state or district retirement,
302	health insurance, medical insurance, dental insurance, or life
303	insurance.
304	(15)(8)  The board shall keep a permanent record book
305	entitled "Record of Proceedings of South Broward Drainage
306	District," in which shall be recorded minutes of all meetings,
307	resolutions, proceedings, certificates, bonds given by all
308	employees, and any and all corporate acts, which book shall at
309	reasonable times be opened to the inspection of any elector,
310	landowner, taxpayer, resident, or bondholder of the district,
311	and such other persons as the board may determine to have a
312	proper interest in the proceedings of the board.  Such record
313	book shall be kept at any office or other regular place of
314	business maintained by the board in Broward County.
315	(9)  Whenever any election shall be authorized or required
316	by this act to be held by the landowners at any particular or
317	stated time or day, and if for any reason such election is not
318	held at such time or on such day, then in such event the power
319	or duty to hold such election shall not cease or lapse, but such
320	election shall be held thereafter when practicable, and in
321	accordance with the procedures provided by this act.
322	Section 14.  Treasurer; depositories; fiscal agent.--
323	(1)  The board shall, as provided by subsection 10(12),
324	elect designate a member of the board person who is a resident
325	of the state, or a bank or trust company organized under the
326	laws of the state, as treasurer of the district, who shall have
327	charge of the funds of the district.  Such funds shall be
328	disbursed only upon the order of or pursuant to the resolution
329	of the board by warrant or check signed by the treasurer, or by
330	such other person as may be authorized by the board.  The
331	treasurer may not hold any other office provided for in this
332	act, except that the same person may not be president and
333	treasurer.  The board may give the treasurer such other or
334	additional powers and duties as the board may deem appropriate,
335	and fix his or her compensation; and may require the treasurer
336	to give a bond in such amount, on such terms, and with such
337	sureties as may be deemed satisfactory to the board to secure
338	the performance by the treasurer of his or her powers and
339	duties.  The board shall audit or have audited the books of the
340	treasurer at least once a year.
341	(2)  The board is authorized to select as depositories in
342	which the funds of the board and of the district shall be
343	deposited any banking corporation organized under the laws of
344	the state or under the national banking act, doing business in
345	the state, upon such terms and conditions as to the payment of
346	interest by such depository upon the funds so deposited as the
347	board may deem just and reasonable.
348	(3)  The board may employ a fiscal agent, who shall be
349	either a resident of the state or a corporation organized under
350	the laws of this or any other state and authorized by such laws
351	to act as such fiscal agent for municipal corporations in the
352	state and who shall assist in the keeping of the tax books, the
353	collection of taxes, and the remitting of funds to pay maturing
354	bonds and coupons, and perform such other or additional services
355	and duties as fiscal agent and receive such compensation as the
356	board may determine.
357	Section 2.  A certified copy of this act shall be recorded
358	in the Broward County Public Records by the South Broward
359	Drainage District.
360	Section 3.  In the event any section or provision of this
361	act is determined to be invalid or unenforceable, such
362	determination shall not affect the validity of or enforceability
363	of each other section and provision of this act, and to this end
364	the provisions of this act are declared severable.
365	Section 4.  This act shall take effect upon becoming a law.
366
367	================= T I T L E  A M E N D M E N T =================
368	Remove the entire title and insert:
369	A bill to be entitled
370	An act relating to the South Broward Drainage District,
371	Broward County; amending chapter 98-524, Laws of Florida;
372	providing for the number of supervisors of the district;
373	providing single-member zones; providing the method of
374	election of supervisors; providing the qualifications of
375	supervisors; providing the term of office for supervisors;
376	providing that the officers of the district shall be
377	members of the board of supervisors; providing for the
378	limitation of supervisors' benefits; deleting obsolete
379	provisions; providing severability; providing an effective
380	date.

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