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

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