| 1 | A bill to be entitled |
| 2 | An act relating to the Northern Palm Beach County |
| 3 | Improvement District; amending chapter 2000-467, Laws of |
| 4 | Florida; increasing terms of office of members of the |
| 5 | board of supervisors; revising procedures for election of |
| 6 | board members; providing a definition; providing |
| 7 | qualifications of board members; providing for filling of |
| 8 | vacancies; providing certain exemption from campaign |
| 9 | financing requirements; authorizing and providing |
| 10 | conditions for compensation of board members; revising the |
| 11 | time for holding annual meetings; precluding use of |
| 12 | certain publicly owned property for voting shares; |
| 13 | providing an 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. Sections 4, 5, and 6 of section 3 of chapter |
| 18 | 2000-467, Laws of Florida, are amended to read: |
| 19 | Section 4. Board of Supervisors; election, organization, |
| 20 | powers, duties, and terms of office.-- |
| 21 | (A) There is herby created a Board of Supervisors of |
| 22 | Northern Palm Beach County Improvement District, which shall be |
| 23 | the governing body of said District. |
| 24 | (B) Said Board of Supervisors shall consist of five |
| 25 | persons, who, except as herein otherwise provided, shall hold |
| 26 | office for the term of 4 3 years and until their successors |
| 27 | shall be duly elected and qualified. |
| 28 | (C) The first Board of Supervisors of the District shall |
| 29 | be composed of five persons, two of whom shall hold office for 4 |
| 30 | years from June 1, 1959, two of whom shall hold office for 3 |
| 31 | years from June 1, 1959, and one of whom shall hold office for 2 |
| 32 | years from June 1, 1959. Within 30 days after this Act becomes a |
| 33 | law, the Clerk of the Circuit Court of Palm Beach County shall |
| 34 | call a special meeting of landowners of Northern Palm Beach |
| 35 | County Improvement District for the purpose of electing the |
| 36 | first Board of Supervisors for Northern Palm Beach County |
| 37 | Improvement District as herein provided. Notice of such special |
| 38 | meeting of landowners shall be given by the Clerk of the Circuit |
| 39 | Court of Palm Beach County by causing publication thereof to be |
| 40 | made once a week for 2 consecutive weeks prior to such meeting |
| 41 | in some newspaper published in Palm Beach County. Such special |
| 42 | meeting of landowners shall be held in some public place in Palm |
| 43 | Beach County, and the place, date, and hour of holding such |
| 44 | meeting and the purpose thereof shall be stated in the notice. |
| 45 | The landowners when assembled shall organize by electing a Chair |
| 46 | who shall preside at the meeting and a Secretary thereof. At |
| 47 | such meeting, each and every acre, or any fraction thereof, of |
| 48 | land in the District shall represent one share and each owner |
| 49 | shall be entitled to one vote by person or by written proxy for |
| 50 | every acre of land, or any fraction thereof, owned by him or her |
| 51 | in the District. The landowners shall first vote for the |
| 52 | Supervisors who are to hold office for the term of 4 years as |
| 53 | herein provided, and the persons receiving the highest number of |
| 54 | votes for such Supervisors shall be declared and elected as such |
| 55 | Supervisors. Said land owners shall next vote for the |
| 56 | Supervisors who are to hold office for the term of 3 years as |
| 57 | provided herein, and the persons receiving the highest number of |
| 58 | votes for such Supervisors shall be declared and elected as such |
| 59 | Supervisors. Said landowners shall next vote for the Supervisor |
| 60 | who is to hold office for the term of 2 years as herein |
| 61 | provided, and the person receiving the highest number of votes |
| 62 | for such Supervisor shall be declared and elected as such |
| 63 | Supervisor. |
| 64 | (D) Upon the effective date of this act, the following |
| 65 | procedures shall apply to the election of members, including |
| 66 | appointees, to the Board of Supervisors of the District: |
| 67 | (1) The terms of two board members which expire in 2005 |
| 68 | shall be extended until the date of the general election in |
| 69 | 2006. The seats shall be numbered seats 1 and 2, respectively. |
| 70 | Seat 1 shall be filled for a term of 4 years pursuant to section |
| 71 | 6(A) of this act. Seat 2 shall be converted to a nonpartisan |
| 72 | elected board member as defined by chapter 105, Florida |
| 73 | Statutes. Candidates for this position shall qualify with the |
| 74 | Palm Beach County Supervisor of Elections pursuant to chapter |
| 75 | 105, Florida Statutes, and shall be elected for a term of 4 |
| 76 | years by a plurality of the District electors voting in said |
| 77 | election. "Electors" shall mean registered voters as defined by |
| 78 | section 97.041, Florida Statutes. The board members elected to |
| 79 | seats 1 and 2 shall take office within 10 days of election and |
| 80 | shall serve until expiration of their term, resignation, |
| 81 | removal, or election of a new board member for that position. |
| 82 | (2) The term of the board member which expires in 2006 |
| 83 | shall be extended until the date of the general election in |
| 84 | 2006. The seat shall be numbered seat 3. Seat 3 shall be filled |
| 85 | for a term of 4 years as prescribed by 6(A) of this act. The |
| 86 | board member elected to seat 3 shall take office within 10 days |
| 87 | of election and shall serve until expiration of his or her term, |
| 88 | resignation, removal, or election of a new board member for that |
| 89 | position. |
| 90 | (3) The terms of the two board members that expire in 2007 |
| 91 | shall be extended until the date of the general election in |
| 92 | 2008. The seats shall be numbered seats 4 and 5, respectively. |
| 93 | Seat 4 shall be filled for a term of 4 years as prescribed by |
| 94 | 6(A) of this act. Seat 5 shall be converted to a nonpartisan |
| 95 | elected board member as defined by chapter 105, Florida |
| 96 | Statutes. Candidates for this position shall qualify with the |
| 97 | Palm Beach County Supervisor of Elections pursuant to chapter |
| 98 | 105, Florida Statutes, and shall be elected for a term of 4 |
| 99 | years by a plurality of District electors voting in said |
| 100 | election. "Electors" shall mean registered voters as defined by |
| 101 | section 97.041, Florida Statutes. The board members elected to |
| 102 | seats 4 and 5 shall take office within 10 days of election and |
| 103 | shall serve until expiration of their term, resignation, |
| 104 | removal, or election of a new board member for that position. |
| 105 | (E) Beginning with the general election in 2006, Board of |
| 106 | Supervisor qualifications shall be: |
| 107 | (1) The two members of the board elected by electors shall |
| 108 | be residents and electors of the District as defined by section |
| 109 | 3(D)(1) of this act. One Board member shall be a resident whose |
| 110 | residence is located north of PGA Boulevard, and one Board |
| 111 | member shall be a resident whose residence is south of PGA |
| 112 | Boulevard. For candidates who reside within the District and |
| 113 | west of the current terminus of PGA Boulevard at the Beeline |
| 114 | Highway or east of the terminus of PGA Boulevard at U.S. Highway |
| 115 | 1, residency location shall be determined by extending the |
| 116 | center line of PGA Boulevard at the applicable point of terminus |
| 117 | due west to Lake Okeechobee and due east to the Atlantic Ocean. |
| 118 | In the event any board member who is elected by the electors |
| 119 | fails to maintain residency within the District, the member |
| 120 | shall notify the District within 10 days of his or her loss of |
| 121 | residency. Failure to reestablish residency within 30 days of |
| 122 | its loss will create an automatic vacancy for that Board of |
| 123 | Supervisors position. |
| 124 | (2) The three members of the board elected pursuant to |
| 125 | section 6(A) of this act shall be residents of the State of |
| 126 | Florida. The board member who is elected to seat 3 shall be a |
| 127 | resident of the District or own property within the District. |
| 128 | Failure to maintain residency or land ownership requirements as |
| 129 | stated herein requires notification of the District within 10 |
| 130 | days of loss of residency or land ownership. Failure to cure the |
| 131 | qualification deficiency within 30 days of notice will create an |
| 132 | automatic vacancy. |
| 133 | (3) Candidates who do not collect campaign funds shall not |
| 134 | be obligated to appoint a campaign treasurer or establish a |
| 135 | depository pursuant to section 106.021, Florida Statutes. |
| 136 | (F) In the event of any vacancy on the board, a qualified |
| 137 | individual shall be appointed by a simple majority vote of the |
| 138 | remaining members of the board. The appointee shall serve until |
| 139 | the next general election. At that election, the position shall |
| 140 | either be open for election for a full term or the remainder of |
| 141 | the vacated seat, whichever is appropriate. |
| 142 | (D) Each year during the month of June, beginning with the |
| 143 | month of June 1961, Supervisors shall be elected, as hereinafter |
| 144 | provided, by the landowners of said District to take the place |
| 145 | of the retiring Supervisors. All vacancies or expirations on |
| 146 | said Board shall be filled as required by this Act. At least |
| 147 | three of the Supervisors of the Northern Palm Beach County |
| 148 | Improvement District shall be residents of Palm Beach County, |
| 149 | Florida, and owners of lands within said District. The other two |
| 150 | Supervisors of the Northern Palm Beach County Improvement |
| 151 | District need not be residents of the State of Florida. To be |
| 152 | eligible for election, a candidate for the office of Supervisor |
| 153 | shall file a written notice of intention to be a candidate in |
| 154 | the office of the District at least 30 days before the annual |
| 155 | meeting of the landowners. In case of a vacancy in the office of |
| 156 | any Supervisor, the remaining Supervisors may fill such vacancy |
| 157 | until the next annual meeting of the landowners, when his or her |
| 158 | successor shall be elected by the landowners for the unexpired |
| 159 | term. |
| 160 | (G)(E) As soon as practicable after their election, the |
| 161 | Board of Supervisors of the District shall organize by choosing |
| 162 | one of their number President of the Board of Supervisors and by |
| 163 | electing some suitable person Secretary, who may or may not be a |
| 164 | member of said Board. The Secretary shall be required to execute |
| 165 | bond for the faithful performance of his or her duties in such |
| 166 | penal amount as the Board my determine. The Board of Supervisors |
| 167 | shall adopt a seal which shall be the seal of the District. At |
| 168 | each annual meeting of the landowners of the District, the Board |
| 169 | of Supervisors shall report all work undertaken or completed |
| 170 | during the preceding year, and the status of the finances of the |
| 171 | District. |
| 172 | (H)(F) All Supervisors shall hold office until their |
| 173 | successors shall be elected and qualified. Whenever any election |
| 174 | shall be authorized or required by this Act to be held by the |
| 175 | landowners at any particular or stated time or day, and if for |
| 176 | any reason such election shall not or cannot be held at such |
| 177 | time or on such day, then in such event and in all and every |
| 178 | such event, the power or duty to hold such election shall not |
| 179 | cease or lapse, but such election shall be held thereafter as |
| 180 | soon as practicable and consistent with this Act. |
| 181 | Section 5. Compensation of Board.--The Supervisors shall |
| 182 | be entitled to receive for their services an amount not to |
| 183 | exceed $200 per meeting, not to exceed $500 per month per |
| 184 | Supervisor. Such compensation must be approved by an affirmative |
| 185 | vote of at least four members of the Board of Supervisors at a |
| 186 | regularly scheduled meeting after the matter has been noticed |
| 187 | for discussion and vote in a newspaper of general circulation in |
| 188 | Palm Beach County. Notice shall be published at least 10 days |
| 189 | prior to any meeting at which the matter is placed on the agenda |
| 190 | for discussion and vote not receive any compensation for their |
| 191 | services; however, they shall be paid the per-mile rate set |
| 192 | forth in section 112.061, Florida Statutes, for each mile |
| 193 | actually traveled up to a maximum of 200 miles in going to and |
| 194 | from their places of residence to the place of meeting. |
| 195 | Section 6. Meetings of landowners.-- |
| 196 | (A) Each year during the month of November June, beginning |
| 197 | with the month of November 2006 June 1961, a meeting of the |
| 198 | landowners of the District shall held for the purpose of |
| 199 | electing Supervisors to take the place of retiring Supervisors |
| 200 | and hearing reports of the Board of Supervisors; provided, |
| 201 | however, that a meeting of the landowners shall be held during |
| 202 | the month of November 2005 June 1960, for the purpose of |
| 203 | receiving reports of the Board of Supervisors and considering |
| 204 | any matters upon which the Board of Supervisors may request the |
| 205 | advice and views of the landowners. The Board of Supervisors |
| 206 | shall have the power to call special meetings of the landowners |
| 207 | at any time to receive reports of the Board of Supervisors or |
| 208 | consider and act upon any matter upon which the Board of |
| 209 | Supervisors may request advice. Notice of all meetings of the |
| 210 | landowners shall be given by the Board of Supervisors by causing |
| 211 | publication thereof to be made for 2 consecutive weeks prior to |
| 212 | such meeting in some newspaper published in Palm Beach County. |
| 213 | The meetings of the landowners shall be held in some public |
| 214 | place in said County, and the place, day, and hour of holding |
| 215 | such meetings shall be stated in the notice. The landowners when |
| 216 | assembled shall organize by electing a Chair who shall preside |
| 217 | at the meeting. The Secretary of the Board of Supervisors shall |
| 218 | be the Secretary of such meeting. At all such meetings each and |
| 219 | every acre, or any fraction thereof, of land in the District, |
| 220 | except publicly owned property against which the District does |
| 221 | not levy assessments, shall represent one share, and each owner |
| 222 | shall be entitled to one vote in person or by written proxy for |
| 223 | every acre, or any fraction thereof, of land owned by him or her |
| 224 | in the District. The person receiving the highest number of |
| 225 | votes for Supervisor shall be declared and elected as such |
| 226 | Supervisor. Those landowners present or voting by proxy shall |
| 227 | constitute a quorum at any meeting of the landowners. |
| 228 | (B) Guardians may represent their wards, and personal |
| 229 | representatives may represent the estates of deceased persons. |
| 230 | Trustees may represent lands held by them in trust, and private |
| 231 | and municipal corporations may be represented by their officers |
| 232 | or duly authorized agents. Guardians, personal representatives, |
| 233 | trustees, and corporations may vote by proxy. |
| 234 | Section 2. This act shall take effect upon becoming a law. |