HB 1607

1	A bill to be entitled
2	An act relating to the South Broward Drainage District,
3	Broward County; amending chapter 98-524, Laws of Florida;
4	revising the number of members on the board of supervisors
5	of the district; revising provisions relating to
6	qualifications of candidates for supervisor; providing the
7	method of election of supervisors; providing the term of
8	office for supervisors; providing single-member zones;
9	providing that the officers of the district shall be
10	members of the board of supervisors; providing for the
11	limitation of supervisors' benefits; deleting obsolete
12	provisions; providing severability; providing an effective
13	date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Sections 10 and 14 of section 2 of chapter 98-
18	524, Laws of Florida, are amended to read:
19	Section 10.  Board of supervisors; election; organization;
20	terms of office; benefits; quorum; report and minutes.--
21	(1)  The board of supervisors of the district shall be the
22	governing body of the district and shall exercise the powers
23	granted to the district under this act and under chapter 298,
24	Florida Statutes.  The board shall consist of six members, until
25	the first meeting of the board following certification of the
26	November 2004 election, and five members thereafter.  and,
27	Except as otherwise provided herein, each member shall hold
28	office for a term of 4 years and until his or her successor
29	shall be chosen and shall qualify.  A majority of the members of
30	the board shall be residents of Broward County.  All of the
31	members of the board shall be residents of the State of Florida
32	and shall own land lying within the boundaries of the district.
33	(2)  Beginning with the November 2004 election, a candidate
34	for the office of supervisor shall, at the time of his or her
35	qualification for office, be a qualified elector of the South
36	Broward Drainage District and shall qualify with the county
37	supervisor of elections in accordance with the Florida Election
38	Code and this act. To be a qualified elector of the South
39	Broward Drainage District, a person shall, at the time of his or
40	her qualification, have continuously resided within the
41	boundaries of the district and within the respective zone that
42	he or she may represent for the 60 days immediately preceding
43	his or her qualifying for office and until he or she is inducted
44	into office. Each supervisor shall reside within the district
45	and within the geographical zone he or she represents during his
46	or her entire term in office, but any supervisor who has the
47	boundaries of his or her zone changed and because of said change
48	no longer resides within the zone he or she represents shall
49	remain in office until the normal expiration of his or her term.
50	(3)(2)  Notwithstanding any other provision of this act,
51	the persons who are members of the board of supervisors of the
52	district in office when this act takes effect shall constitute
53	the members of the board until the next election for their
54	seats. Those members of the board whose terms expire in June
55	2004 shall remain members of the board and their terms shall be
56	extended from June 2004 until their successors are inducted into
57	office at the first regularly scheduled meeting of the board
58	following certification of the November 2004 general election.
59	Those members of the board whose terms expire in June 2006 shall
60	remain members of the board and their terms shall be extended
61	from June 2006 until their successors are inducted into office
62	at the first regularly scheduled meeting of the board following
63	certification of the November 2006 general election.
64	(4)  After the effective date of this act, except as stated
65	herein, all supervisors shall be elected by the qualified
66	electors of the district on a nonpartisan basis. Except as
67	stated herein, the five supervisors shall be elected from five
68	single-member zones which shall be identified as Zone 1, Zone 2,
69	Zone 3, Zone 4, and Zone 5. The supervisors shall be elected
70	from the registered voters of each respective zone.
71	(5)  That part of the district located within the
72	district's five zones is as follows:
73	(a)  Zone 1:
74	All of Sections 31, 32 and 33 of Township 50 South,
75	Range 40 East,
76	Together with
77	All of Sections 4, 5, 6, 7 and 8 of Township 51 South,
78	Range 40 East,
79	Together with
80	All of Sections 34, 35 and 36 of Township 50 South,
81	Range39 East,
82	Together with
83	All of Sections 1, 2, 3, 11 and 12 of Township 51
84	South, Range 39 East,
85	Together with
86	All of Sections 28, 29 and 30 of Township 50 South,
87	Range 40 East lying south of the South Florida Water
88	Management District Canal C-11 right-of-way,
89	Together with
90	All of Sections 25, 26 and 27 of Township 50 South,
91	Range 39 East lying south of the South Florida Water
92	Management District Canal C-11 right-of-way,
93	Together with
94	All of Sections 9 and 10 of Township 51 South, Range
95	40 East lying west of the centerline of the Interstate
96	Highway I-75 right-of-way,
97	Together with
98	The North one-half (N 1/() of Sections 16, 17, and 18
99	of Township 51 South, Range 40 East,
100	Together with
101	The North one-half (N 1/() of Sections 13 and 14 of
102	Township 51 South, Range 39 East,
103	Together with
104	The East one-half (E 1/() of Section 10 of Township 51
105	South, Range39 East,
106	Together with
107	All of the North one-half (N 1/() of Section 15 of
108	Township 51 South, Range 40 East lying west of the
109	centerline of the Interstate Highway I-75 right-of-
110	way,
111	Together with
112	The Northeast one-quarter (NE () of Section 15 of
113	Township 51 South, Range 39 East.
114	(b)  Zone 2:
115	All of Sections, 19, 20, 29, 30, 31 and 32 of Township
116	51 South, Range 40 East,
117	Together with
118	All Sections 15, 21, 22, 28 and 33 of Township 51
119	South, Range 40 East lying west of the centerline of
120	the Interstate Highway I-75 right-of-way,
121	Together with
122	All of the South one-half (S 1/() of Section 15,
123	Township 51 South, Range 40 East lying west of the
124	centerline of the Interstate Highway I-75 right-of-
125	way,
126	Together with
127	The South one-half (S 1/() of Sections 16, 17, and 18
128	of Township 51 South, Range 40 East,
129	Together with
130	All of Sections 22, 23, 24, 25, 26, 27, 34, 35 and 36
131	of Township 51 South, Range 39 East,
132	Together with
133	The South one-half (S 1/() of Sections 13, 14 and 15
134	of Township 51 South, Range 39 East,
135	Together with
136	The Northwest one-quarter (NW () of Section 15 of
137	Township 51 South, Range 39 East,
138	Together with
139	The West one-half (W 1/() of Section 10 of Township 51
140	South, Range 39 East.
141	(c)  Zone 3:
142	All of Sections 9, 10, 15, 21, 22, 28 and 33 of
143	Township 51 South, Range 40 East lying east of the
144	centerline of the Interstate Highway I-75 right-of-
145	way,
146	Together with
147	All of Sections 11, 14, 23, 24, 25, 26, 27, 34, 35 and
148	36 of Township 51 South, Range 40 East,
149	Together with
150	The South one-half (S 1/() of Section 13 of Township
151	51 South, Range 40 East.
152	(d)  Zone 4:
153	All of Sections 12 of Township 51 South, Range 40
154	East,
155	Together with
156	All of Sections 7, 8, 17, 18, 19, and 30 of Township
157	51 South, Range 41 East,
158	Together with
159	The North one-half (N 1/() of Section 13 of Township
160	51 South, Range 40 East,
161	Together with
162	The North one-half (N 1/() of Section 20 of Township
163	51 South, Range 41 East.
164	(e)  Zone 5:
165	All of Sections 9, 15, 16, 21, 28 and 29 of Township
166	51 South, Range 41 East,
167	Together with
168	The South one-half (S 1/() of Section 10 of Township
169	51 South, Range 41 East,
170	Together with
171	The Southwest one-quarter (SW () of Section 11 of
172	Township 51 South, Range 41 East,
173	Together with
174	The Northwest one-quarter (NW () of Section 14 of
175	Township 51 South, Range 41 East,
176	Together with
177	The North (N 1/() of Section 22 of Township 51 South,
178	Range 41 East,
179	Together with
180	The South (S 1/() of Section 20 of Township 51 South,
181	Range 41 East.
182	(6)  Commencing with the first regularly scheduled meeting
183	of the board following certification of the November 2004
184	general election, except as stated in this act, the board shall
185	be composed of five members as follows:
186	(a)  Two supervisors shall be elected in the general
187	election of November 2004. At the November 2004 general
188	election, one supervisor shall be elected from the combined
189	registered voters from Zones 1 and 2 and one supervisor shall be
190	elected from the combined registered voters from Zones 3, 4, and
191	5. The supervisors elected in November 2004 shall serve until
192	their terms expire in November 2008.
193	(b)  In the general election of November 2006, and in the
194	November general election of every fourth year thereafter, one
195	supervisor shall be elected from the zone in which the
196	supervisor elected in 2004 from Zones 1 and 2 is not a resident,
197	and one supervisor shall be elected from each of the 2 zones in
198	which the supervisor elected in 2004 from Zones 3, 4, and 5 is
199	not a resident.
200	(c)  In the general election of November 2008, the zones in
201	which the supervisors elected in 2004 reside and whose terms of
202	office expire in November 2008 shall be designated as the zones
203	whose representatives shall be elected in 2008 and in the
204	November general election of every fourth year thereafter.
205	(d)  If only one candidate qualifies for an office, that
206	candidate shall be deemed elected. If two or more candidates
207	qualify for an office, the names of those candidates shall be
208	placed on the ballot for the designated November general
209	election.
210	(e)  The candidate receiving the highest number of votes
211	cast for the office of supervisor for each respective zone at
212	each respective election shall be declared elected to such
213	office. If the vote results in a tie, the outcome shall be
214	determined by lot.
215	(f)  Supervisors elected or reelected shall be inducted
216	into office at the first regularly scheduled meeting of the
217	board following certification of the election.
218	(7)  Except as provided in this section, election of
219	supervisors shall be as provided in the Florida Election Code
220	and revisions thereto.
221	(8)  The boundaries of Zones 1, 2, 3, 4, and 5 shall be
222	reviewed and revised by the board upon the occurrence of any of
223	the following events:
224	(a)  The district's geographical area changes by 10 percent
225	or more;
226	(b)  The district's population changes by 10 percent or
227	more since the previous determination of the single-member zone
228	boundaries;
229	(c)  Any annexation, deannexation, or merger causes the
230	population of the district to increase or decrease by 5 percent
231	or more; or
232	(d)  The passage of at least 10 years since the previous
233	review of the single member zone boundaries. If the population
234	of the single-member zones meets the requirements of subsection
235	(9), the boundaries of the single-member zones may remain as is.
236	(9)  With the assistance of the district director,
237	engineer, and attorney, revisions to the boundaries of the five
238	zones shall result in the population of each zone being no less
239	than 19 percent of the total population of the district and no
240	greater than 21 percent of the total population of the district
241	according to the latest census or official population
242	determination.
243	(3)  In the month of June of 2000, there shall be held a
244	meeting of the landowners of South Broward Drainage District at
245	the office of the district in Broward County, for the purpose of
246	holding an election to fill the seats of the three supervisors
247	whose terms expire in June of 2000; and, in the month of June of
248	each fourth year thereafter, there shall be held such a meeting
249	to fill the same three seats.  In the month of June of 2002,
250	there shall be held a meeting of the landowners of South Broward
251	Drainage District at the office of the district in Broward
252	County for the purpose of holding an election to fill the seats
253	of the three supervisors whose terms expire in June of 2002;
254	and, in the month of June of each fourth year thereafter, there
255	shall be held such a meeting to fill the same three seats.
256	Notice of said landowners' meeting shall be published as
257	provided by section 20. The president of the board of
258	supervisors shall conduct the meeting.  At such meeting, each
259	landowner shall be entitled to cast one vote for each person to
260	be elected.  A landowner may vote in person or by proxy in
261	writing.  Each landowner shall be entitled to cast one vote for
262	each acre of land owned by him and located within the district
263	boundaries.  Fractions of an acre shall be treated as one acre,
264	entitling the landowner to one vote with respect thereto.  The
265	three persons at the respective elections who receive the
266	highest number of votes for the office of supervisor shall be
267	declared elected.
268	(10)(4)  Each supervisor, before entering upon his or her
269	official duties, shall take and subscribe to an oath of office
270	as prescribed in s. 298.13, Florida Statutes.
271	(11)(5)  All supervisors shall hold office for the terms
272	for which they are elected or appointed and until their
273	successors shall be chosen and qualify.  In case of a vacancy in
274	the office of any supervisor, the remaining supervisor or
275	supervisors, even though less than a quorum, may fill such
276	vacancy for the unexpired term of the supervisor who vacated his
277	or her office.
278	(12)(6)  At the first meeting of the board following
279	certification of the general election of November 2004 and at
280	the first regularly scheduled meeting of the board following
281	certification of the general election in the month of November
282	of every other year thereafter As soon as practicable after each
283	election, the board shall organize by electing from choosing one
284	of their members a number president, a secretary, and a
285	treasurer of the board and by electing a secretary, who need not
286	be a member of the board.
287	(13)(7)  A majority of the members of the board shall
288	constitute a quorum.
289	(14)  Except as stated in sections 12 and 14, the
290	supervisors of the district shall not receive any benefits,
291	including, but not limited to, state or district retirement,
292	health insurance, medical insurance, dental insurance, or life
293	insurance.
294	(15)(8)  The board shall keep a permanent record book
295	entitled "Record of Proceedings of South Broward Drainage
296	District," in which shall be recorded minutes of all meetings,
297	resolutions, proceedings, certificates, bonds given by all
298	employees, and any and all corporate acts, which book shall at
299	reasonable times be opened to the inspection of any elector,
300	landowner, taxpayer, resident, or bondholder of the district,
301	and such other persons as the board may determine to have a
302	proper interest in the proceedings of the board.  Such record
303	book shall be kept at any office or other regular place of
304	business maintained by the board in Broward County.
305	(9)  Whenever any election shall be authorized or required
306	by this act to be held by the landowners at any particular or
307	stated time or day, and if for any reason such election is not
308	held at such time or on such day, then in such event the power
309	or duty to hold such election shall not cease or lapse, but such
310	election shall be held thereafter when practicable, and in
311	accordance with the procedures provided by this act.
312	Section 14.  Treasurer; depositories; fiscal agent.--
313	(1)  The board shall, as provided by section 10(12), elect
314	a member of the board designate a person who is a resident of
315	the state, or a bank or trust company organized under the laws
316	of the state, as treasurer of the district, who shall have
317	charge of the funds of the district.  Such funds shall be
318	disbursed only upon the order of or pursuant to the resolution
319	of the board by warrant or check signed by the treasurer, or by
320	such other person as may be authorized by the board.  The
321	treasurer may not hold any other office provided for in this
322	act, except that the same person may not be president and
323	treasurer.  The board may give the treasurer such other or
324	additional powers and duties as the board may deem appropriate,
325	and fix his or her compensation; and may require the treasurer
326	to give a bond in such amount, on such terms, and with such
327	sureties as may be deemed satisfactory to the board to secure
328	the performance by the treasurer of his or her powers and
329	duties.  The board shall audit or have audited the books of the
330	treasurer at least once a year.
331	(2)  The board is authorized to select as depositories in
332	which the funds of the board and of the district shall be
333	deposited any banking corporation organized under the laws of
334	the state or under the national banking act, doing business in
335	the state, upon such terms and conditions as to the payment of
336	interest by such depository upon the funds so deposited as the
337	board may deem just and reasonable.
338	(3)  The board may employ a fiscal agent, who shall be
339	either a resident of the state or a corporation organized under
340	the laws of this or any other state and authorized by such laws
341	to act as such fiscal agent for municipal corporations in the
342	state and who shall assist in the keeping of the tax books, the
343	collection of taxes, and the remitting of funds to pay maturing
344	bonds and coupons, and perform such other or additional services
345	and duties as fiscal agent and receive such compensation as the
346	board may determine.
347	Section 2.  A certified copy of this act shall be recorded
348	in the Broward County Public Records by the South Broward
349	Drainage District.
350	Section 3.  In the event any section or provision of this
351	act is determined to be invalid or unenforceable, such
352	determination shall not affect the validity of or enforceability
353	of each other section and provision of this act, and to this end
354	the provisions of this act are declared severable.
355	Section 4.  This act shall take effect upon becoming a law.

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