Senate Bill sb3204

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    Florida Senate - 2004        (NP)                      SB 3204

    By Senator Campbell





    32-2696-04                        See HB 1607, First Engrossed

  1                      A bill to be entitled

  2         An act relating to the South Broward Drainage

  3         District, Broward County; amending chapter

  4         98-524, Laws of Florida; providing for the

  5         number of supervisors of the district;

  6         providing single-member zones; providing the

  7         method of election of supervisors; providing

  8         the qualifications of supervisors; providing

  9         the term of office for supervisors; providing

10         that the officers of the district shall be

11         members of the board of supervisors; providing

12         for the limitation of supervisors' benefits;

13         deleting obsolete provisions; providing

14         severability; providing an effective date.

15  

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

17  

18         Section 1.  Sections 10 and 14 of section 2 of chapter

19  98-524, Laws of Florida, are amended to read:

20         Section 10.  Board of supervisors; election;

21  organization; terms of office; benefits; quorum; report and

22  minutes.--

23         (1)  The board of supervisors of the district shall be

24  the governing body of the district and shall exercise the

25  powers granted to the district under this act and under

26  chapter 298, Florida Statutes.  The board shall consist of six

27  members, until the first meeting of the board following

28  certification of the November 2006 election, and seven members

29  thereafter. and, Except as otherwise provided herein, each

30  member shall hold office for a term of 4 years and until his

31  or her successor shall be chosen and shall qualify. A majority

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    Florida Senate - 2004        (NP)                      SB 3204
    32-2696-04                        See HB 1607, First Engrossed




 1  of the members of the board shall be residents of Broward

 2  County.  All of the members of the board shall be residents of

 3  the State of Florida and shall own land lying within the

 4  boundaries of the district.

 5         (2)  Beginning with the November 2004 election, a

 6  candidate for the office of supervisor shall, at the time of

 7  his or her qualification for office, be a qualified elector of

 8  the South Broward Drainage District and shall qualify with the

 9  county supervisor of elections in accordance with the Florida

10  Election Code and this act. To be a qualified candidate of the

11  South Broward Drainage District, he or she shall, at the time

12  of his or her qualification, have continuously resided within

13  the boundaries of the district and within the respective zone

14  that he or she may represent for the 60 days immediately

15  preceding his or her qualifying for office and until he or she

16  is inducted into office. Each supervisor shall reside within

17  the district and within the geographical zone he or she

18  represents during his or her entire term in office, but any

19  supervisor who has the boundaries of his or her zone changed

20  and because of said change no longer resides within the zone

21  he or she represents shall remain in office until the normal

22  expiration of his or her term.

23         (3)(2)  Notwithstanding any other provision of this

24  act, the persons who are members of the board of supervisors

25  of the district in office when this act takes effect shall

26  constitute the members of the board until the next election

27  for their seats. Those members of the board whose terms expire

28  in June 2004 shall remain members of the board and their terms

29  shall be extended from June 2004 until their successors are

30  inducted into office at the first regularly scheduled meeting

31  of the board following certification of the November 2004

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    Florida Senate - 2004        (NP)                      SB 3204
    32-2696-04                        See HB 1607, First Engrossed




 1  general election. Those members of the board whose terms

 2  expire in June 2006 shall remain members of the board and

 3  their terms shall be extended from June 2006 until their

 4  successors are inducted into office at the first regularly

 5  scheduled meeting of the board following certification of the

 6  November 2006 general election.

 7         (4)  After the effective date of this act, except as

 8  stated herein, all supervisors shall be elected by the

 9  qualified electors of the district on a nonpartisan basis.

10  Except as stated herein, the seven supervisors shall be

11  elected from seven single-member zones which shall be

12  identified as Zone 1, Zone 2, Zone 3, Zone 4, Zone 5, Zone 6,

13  and Zone 7. The supervisors shall be elected from the

14  registered voters of each respective zone.

15         (5)  That part of the district located within the

16  district's seven zones is as follows:

17         (a)  Zone 1:

18         All of Sections 31, 32 and 33 of Township 50

19         South, Range 40 East,

20         Together with;

21         All of Sections 4, 5, 6, and 7 of Township 51

22         South, Range 40 East,

23         Together with;

24         All of Sections 34, 35 and 36 of Township 50

25         South, Range 39 East,

26         Together with;

27         All of Sections 1, 2, 3, 10, 11 and 12 of

28         Township 51 South, Range 39 East,

29         Together with;

30         All of Sections 28, 29 and 30 of Township 50

31         South, Range 40 East lying south of the South

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    Florida Senate - 2004        (NP)                      SB 3204
    32-2696-04                        See HB 1607, First Engrossed




 1         Florida Water Management District Canal C-11

 2         right-of-way,

 3         Together with;

 4         All of Sections 25, 26 and 27 of Township 50

 5         South, Range 39 East lying south of the South

 6         Florida Water Management District Canal C-11

 7         right-of-way,

 8         Together with;

 9         The North one-half (N 1/2) of Section 18, of

10         Township 51 South, Range 40 East,

11         Together with;

12         The North one-half (N 1/2) of Sections 13, 14

13         and 15 of Township 51 South, Range 39 East.

14         (b)  Zone 2:

15         All of Sections 19, 30, 31 and 32 of Township

16         51 South, Range 40 East,

17         Together with;

18         The South one-half (S 1/2) of Sections 18 and

19         29 of Township 51 South, Range 40 East,

20         Together with;

21         All of the South one-half (S 1/2) of Section 28

22         of Township 51 South, Range 40 East lying west

23         of the centerline of the Interstate Highway

24         I-75 right-of-way,

25         Together with;

26         All of Sections 22, 23, 24, 25, 26, 27, 34, 35

27         and 36 of Township 51 South, Range 39 East,

28         Together with;

29         The South one-half (S 1/2) of Sections 13, 14

30         and 15 of Township 51 South, Range 39 East,

31         Together with;

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    Florida Senate - 2004        (NP)                      SB 3204
    32-2696-04                        See HB 1607, First Engrossed




 1         All of Section 33 of Township 51 South, Range

 2         40 East lying west of the centerline of the

 3         Interstate Highway I-75 right-of-way.

 4         (c)  Zone 3:

 5         All of the South one-half (S 1/2) of Section 15

 6         of Township 51 South, Range 40 East lying west

 7         of the centerline of the Interstate Highway

 8         I-75 right-of-way,

 9         Together with;

10         All of the North one-half (N 1/2) of Section 22

11         of Township 51 South, Range 40 East lying west

12         of the centerline of the Interstate Highway

13         I-75 right-of-way,

14         Together with;

15         All of Sections 8, 9, 10, 11, 16 and 17 of

16         Township 51 South, Range 40 East,

17         Together with;

18         The North one-half (N 1/2) of Sections 14, 15,

19         20 and 21 of Township 51 South, Range 40 East.

20         (d)  Zone 4:

21         All of Sections 23, 26, 27, 34, 35 and 36 of

22         Township 51 South, Range 40 East,

23         Together with;

24         All of Section 30 of Township 51 South, Range

25         41 East,

26         Together with;

27         The South one-half (S 1/2) of Section 19 of

28         Township 51 South, Range 41 East,

29         Together with;

30  

31  

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    Florida Senate - 2004        (NP)                      SB 3204
    32-2696-04                        See HB 1607, First Engrossed




 1         The South one-half (S 1/2) of Sections 14, 20,

 2         21, 22 and 25 of Township 51 South, Range 40

 3         East,

 4         Together with;

 5         All of the South one-half (S 1/2) of Sections

 6         15 and 28 of Township 51 South, Range 40 East

 7         lying east of the centerline of the Interstate

 8         Highway I-75 right-of-way,

 9         Together with;

10         The North one-half (N 1/2) of Sections 28 and

11         29 of Township 51 South, Range 40 East,

12         Together with;

13         All of the North one-half (N 1/2) of Section 22

14         of Township 51 South, Range 40 East lying east

15         of the centerline of the Interstate Highway

16         I-75 right-of-way,

17         Together with;

18         All of Section 33 of Township 51 South, Range

19         40 East lying east of the centerline of the

20         Interstate Highway I-75 right-of-way.

21         (e)  Zone 5:

22         All of Sections 12, 13 and 24 of Township 51

23         South, Range 40 East,

24         Together with;

25         All of Section 7 of Township 51 South, Range 41

26         East,

27         Together with;

28         The North one-half (N 1/2) of Section 18 of

29         Township 51 South, Range 41 East,

30         Together with;

31  

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    Florida Senate - 2004        (NP)                      SB 3204
    32-2696-04                        See HB 1607, First Engrossed




 1         The North one-half (N 1/2) of Section 25 of

 2         Township 51 South, Range 40 East.

 3         (f)  Zone 6:

 4         All of Sections 8, 17, 20 and 29 of Township 51

 5         South, Range 41 East,

 6         Together with;

 7         The South one-half (S 1/2) of Section 18 of

 8         Township 51 South, Range 41 East,

 9         Together with;

10         The North one-half (N 1/2) of Sections 9 and 19

11         of Township 51 South, Range 41 East.

12         (g)  Zone 7:

13         All of Sections 15, 16, 21 and 28 of Township

14         51 South, Range 41 East,

15         Together with;

16         The South one-half (S 1/2) of Sections 9 and 10

17         of Township 51 South, Range 41 East,

18         Together with;

19         The Southwest one-quarter (SW 1/4) of Section

20         11 of Township 51 South, Range 41 East,

21         Together with;

22         The Northwest one-quarter (NW 1/4) of Section

23         14 of Township 51 South, Range 41 East,

24         Together with;

25         The North one-half (N 1/2) of Section 22 of

26         Township 51 South, Range 41 East.

27         (6)  Commencing with the first regularly scheduled

28  meeting of the board following certification of the November

29  2006 general election, except as stated in this act, the board

30  shall be composed of seven members as follows:

31  

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    Florida Senate - 2004        (NP)                      SB 3204
    32-2696-04                        See HB 1607, First Engrossed




 1         (a)  Three supervisors shall be elected in the general

 2  election of November 2004. At the November 2004 general

 3  election, one supervisor shall be elected from the combined

 4  registered voters from Zones 1 and 2, one supervisor shall be

 5  elected from the combined registered voters from Zones 3 and

 6  4, and one supervisor shall be elected from the combined

 7  registered voters from Zones 5, 6, and 7. The supervisors

 8  elected in November 2004 shall serve until their terms expire

 9  in November 2008.

10         (b)  In the general election of November 2006, and in

11  the November general election of every fourth year thereafter,

12  one supervisor shall be elected from the zone in which the

13  supervisor elected in 2004 from Zones 1 and 2 is not a

14  resident, one supervisor shall be elected from the zone in

15  which the supervisor elected in 2004 from Zones 3 and 4 is not

16  a resident, and one supervisor shall be elected from each of

17  the two zones in which the supervisor elected in 2004 from

18  Zones 5, 6, and 7 is not a resident.

19         (c)  In the general election of November 2008, the

20  zones in which the supervisors elected in 2004 reside and

21  whose terms of office expire in November 2008 shall be

22  designated as the zones whose representatives shall be elected

23  in 2008 and in the November general election of every fourth

24  year thereafter.

25         (d)  If only one candidate qualifies for an office,

26  that candidate shall be deemed elected. If two or more

27  candidates qualify for an office, the names of those

28  candidates shall be placed on the ballot for the designated

29  November general election.

30         (e)  The candidate receiving the highest number of

31  votes cast for the office of supervisor for each respective

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    Florida Senate - 2004        (NP)                      SB 3204
    32-2696-04                        See HB 1607, First Engrossed




 1  zone at each respective election shall be declared elected to

 2  such office. If the vote results in a tie, the outcome shall

 3  be determined by lot.

 4         (f)  Supervisors elected or reelected shall be inducted

 5  into office at the first regularly scheduled meeting of the

 6  board following certification of the election.

 7         (7)  Except as provided in this section, election of

 8  supervisors shall be as provided in the Florida Election Code

 9  and revisions thereto.

10         (8)  The boundaries of Zones 1, 2, 3, 4, 5, 6, and 7

11  shall be reviewed and revised by the board upon the occurrence

12  of any of the following events:

13         (a)  The district's geographical area changes by 10

14  percent or more;

15         (b)  The district's population changes by 10 percent or

16  more since the previous determination of the single-member

17  zone boundaries;

18         (c)  Any annexation, deannexation, or merger causes the

19  population of the district to increase or decrease by 5

20  percent or more; or

21         (d)  The passage of at least 10 years since the

22  previous review of the single-member zone boundaries. If the

23  population of the single-member zones meets the requirements

24  of subsection (9), the boundaries of the single-member zones

25  may remain as is.

26         (9)  With the assistance of the district director,

27  engineer, and attorney, revisions to the boundaries of the

28  seven zones shall result in the population of each zone being

29  no less than 13.58 percent of the total population of the

30  district and no greater than 15 percent of the total

31  

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    Florida Senate - 2004        (NP)                      SB 3204
    32-2696-04                        See HB 1607, First Engrossed




 1  population of the district according to the latest census or

 2  official population determination.

 3         (3)  In the month of June of 2000, there shall be held

 4  a meeting of the landowners of South Broward Drainage District

 5  at the office of the district in Broward County, for the

 6  purpose of holding an election to fill the seats of the three

 7  supervisors whose terms expire in June of 2000; and, in the

 8  month of June of each fourth year thereafter, there shall be

 9  held such a meeting to fill the same three seats.  In the

10  month of June of 2002, there shall be held a meeting of the

11  landowners of South Broward Drainage District at the office of

12  the district in Broward County for the purpose of holding an

13  election to fill the seats of the three supervisors whose

14  terms expire in June of 2002; and, in the month of June of

15  each fourth year thereafter, there shall be held such a

16  meeting to fill the same three seats.  Notice of said

17  landowners' meeting shall be published as provided by section

18  20. The president of the board of supervisors shall conduct

19  the meeting.  At such meeting, each landowner shall be

20  entitled to cast one vote for each person to be elected.  A

21  landowner may vote in person or by proxy in writing.  Each

22  landowner shall be entitled to cast one vote for each acre of

23  land owned by him and located within the district

24  boundaries.  Fractions of an acre shall be treated as one

25  acre, entitling the landowner to one vote with respect

26  thereto.  The three persons at the respective elections who

27  receive the highest number of votes for the office of

28  supervisor shall be declared elected.

29         (10)(4)  Each supervisor, before entering upon his or

30  her official duties, shall take and subscribe to an oath of

31  office as prescribed in s. 298.13, Florida Statutes.

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    Florida Senate - 2004        (NP)                      SB 3204
    32-2696-04                        See HB 1607, First Engrossed




 1         (11)(5)  All supervisors shall hold office for the

 2  terms for which they are elected or appointed and until their

 3  successors shall be chosen and qualify.  In case of a vacancy

 4  in the office of any supervisor, the remaining supervisor or

 5  supervisors, even though less than a quorum, may fill such

 6  vacancy for the unexpired term of the supervisor who vacated

 7  his or her office.

 8         (12)(6)  At the first meeting of the board following

 9  certification of the general election of November 2004 and at

10  the first regularly scheduled meeting of the board following

11  certification of the general election in the month of November

12  of every other year thereafter As soon as practicable after

13  each election, the board shall organize by electing from

14  choosing one of their members a number president, a secretary,

15  and a treasurer of the board and by electing a secretary, who

16  need not be a member of the board.

17         (13)(7)  A majority of the members of the board shall

18  constitute a quorum.

19         (14)  Except as stated in sections 12 and 14, the

20  supervisors of the district shall not receive any benefits,

21  including, but not limited to, state or district retirement,

22  health insurance, medical insurance, dental insurance, or life

23  insurance.

24         (15)(8)  The board shall keep a permanent record book

25  entitled "Record of Proceedings of South Broward Drainage

26  District," in which shall be recorded minutes of all meetings,

27  resolutions, proceedings, certificates, bonds given by all

28  employees, and any and all corporate acts, which book shall at

29  reasonable times be opened to the inspection of any elector,

30  landowner, taxpayer, resident, or bondholder of the district,

31  and such other persons as the board may determine to have a

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    Florida Senate - 2004        (NP)                      SB 3204
    32-2696-04                        See HB 1607, First Engrossed




 1  proper interest in the proceedings of the board.  Such record

 2  book shall be kept at any office or other regular place of

 3  business maintained by the board in Broward County.

 4         (9)  Whenever any election shall be authorized or

 5  required by this act to be held by the landowners at any

 6  particular or stated time or day, and if for any reason such

 7  election is not held at such time or on such day, then in such

 8  event the power or duty to hold such election shall not cease

 9  or lapse, but such election shall be held thereafter when

10  practicable, and in accordance with the procedures provided by

11  this act.

12         Section 14.  Treasurer; depositories; fiscal agent.--

13         (1)  The board shall, as provided by subsection 10(12),

14  elect designate a member of the board person who is a resident

15  of the state, or a bank or trust company organized under the

16  laws of the state, as treasurer of the district, who shall

17  have charge of the funds of the district.  Such funds shall be

18  disbursed only upon the order of or pursuant to the resolution

19  of the board by warrant or check signed by the treasurer, or

20  by such other person as may be authorized by the board.  The

21  treasurer may not hold any other office provided for in this

22  act, except that the same person may not be president and

23  treasurer.  The board may give the treasurer such other or

24  additional powers and duties as the board may deem

25  appropriate, and fix his or her compensation; and may require

26  the treasurer to give a bond in such amount, on such terms,

27  and with such sureties as may be deemed satisfactory to the

28  board to secure the performance by the treasurer of his or her

29  powers and duties.  The board shall audit or have audited the

30  books of the treasurer at least once a year.

31  

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    Florida Senate - 2004        (NP)                      SB 3204
    32-2696-04                        See HB 1607, First Engrossed




 1         (2)  The board is authorized to select as depositories

 2  in which the funds of the board and of the district shall be

 3  deposited any banking corporation organized under the laws of

 4  the state or under the national banking act, doing business in

 5  the state, upon such terms and conditions as to the payment of

 6  interest by such depository upon the funds so deposited as the

 7  board may deem just and reasonable.

 8         (3)  The board may employ a fiscal agent, who shall be

 9  either a resident of the state or a corporation organized

10  under the laws of this or any other state and authorized by

11  such laws to act as such fiscal agent for municipal

12  corporations in the state and who shall assist in the keeping

13  of the tax books, the collection of taxes, and the remitting

14  of funds to pay maturing bonds and coupons, and perform such

15  other or additional services and duties as fiscal agent and

16  receive such compensation as the board may determine.

17         Section 2.  A certified copy of this act shall be

18  recorded in the Broward County Public Records by the South

19  Broward Drainage District.

20         Section 3.  In the event any section or provision of

21  this act is determined to be invalid or unenforceable, such

22  determination shall not affect the validity of or

23  enforceability of each other section and provision of this

24  act, and to this end the provisions of this act are declared

25  severable.

26         Section 4.  This act shall take effect upon becoming a

27  law.

28  

29  

30  

31  

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