HB 0767CS

CHAMBER ACTION



1The Ethics & Elections Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Northern Palm Beach County
7Improvement District; amending chapter 2000-467, Laws of
8Florida; increasing terms of office of members of the
9board of supervisors; revising procedures for election of
10board members; providing a definition; providing
11qualifications of board members; providing for filling of
12vacancies; providing certain exemption from campaign
13financing requirements; authorizing and providing
14conditions for compensation of board members; revising the
15time for holding annual meetings; precluding use of
16certain publicly owned property for voting shares;
17providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Sections 4, 5, and 6 of section 3 of chapter
222000-467, Laws of Florida, are amended to read:
23     Section 4.  Board of Supervisors; election, organization,
24powers, duties, and terms of office.--
25     (A)  There is herby created a Board of Supervisors of
26Northern Palm Beach County Improvement District, which shall be
27the governing body of said District.
28     (B)  Said Board of Supervisors shall consist of five
29persons, who, except as herein otherwise provided, shall hold
30office for the term of 4 3 years and until their successors
31shall be duly elected and qualified.
32     (C)  The first Board of Supervisors of the District shall
33be composed of five persons, two of whom shall hold office for 4
34years from June 1, 1959, two of whom shall hold office for 3
35years from June 1, 1959, and one of whom shall hold office for 2
36years from June 1, 1959. Within 30 days after this Act becomes a
37law, the Clerk of the Circuit Court of Palm Beach County shall
38call a special meeting of landowners of Northern Palm Beach
39County Improvement District for the purpose of electing the
40first Board of Supervisors for Northern Palm Beach County
41Improvement District as herein provided. Notice of such special
42meeting of landowners shall be given by the Clerk of the Circuit
43Court of Palm Beach County by causing publication thereof to be
44made once a week for 2 consecutive weeks prior to such meeting
45in some newspaper published in Palm Beach County. Such special
46meeting of landowners shall be held in some public place in Palm
47Beach County, and the place, date, and hour of holding such
48meeting and the purpose thereof shall be stated in the notice.
49The landowners when assembled shall organize by electing a Chair
50who shall preside at the meeting and a Secretary thereof. At
51such meeting, each and every acre, or any fraction thereof, of
52land in the District shall represent one share and each owner
53shall be entitled to one vote by person or by written proxy for
54every acre of land, or any fraction thereof, owned by him or her
55in the District. The landowners shall first vote for the
56Supervisors who are to hold office for the term of 4 years as
57herein provided, and the persons receiving the highest number of
58votes for such Supervisors shall be declared and elected as such
59Supervisors. Said land owners shall next vote for the
60Supervisors who are to hold office for the term of 3 years as
61provided herein, and the persons receiving the highest number of
62votes for such Supervisors shall be declared and elected as such
63Supervisors. Said landowners shall next vote for the Supervisor
64who is to hold office for the term of 2 years as herein
65provided, and the person receiving the highest number of votes
66for such Supervisor shall be declared and elected as such
67Supervisor.
68     (D)  Upon the effective date of this act, the following
69procedures shall apply to the election of members, including
70appointees, to the Board of Supervisors of the District:
71     (1)  The terms of two board members which expire in 2005
72shall be extended until the date of the general election in
732006. The seats shall be numbered seats 1 and 2, respectively.
74Seat 1 shall be filled for a term of 4 years pursuant to section
756(A) of this act. Seat 2 shall be converted to a nonpartisan
76elected board member as defined by chapter 105, Florida
77Statutes. Candidates for this position shall qualify with the
78Palm Beach County Supervisor of Elections pursuant to chapter
79105, Florida Statutes, and shall be elected for a term of 4
80years by a plurality of the District electors voting in said
81election. "Electors" shall mean registered voters as defined by
82section 97.041, Florida Statutes. The board members elected to
83seats 1 and 2 shall take office within 10 days of election and
84shall serve until expiration of their term, resignation,
85removal, or election of a new board member for that position.
86     (2)  The term of the board member which expires in 2006
87shall be extended until the date of the general election in
882006. The seat shall be numbered seat 3. Seat 3 shall be filled
89for a term of 4 years as prescribed by 6(A) of this act. The
90board member elected to seat 3 shall take office within 10 days
91of election and shall serve until expiration of his or her term,
92resignation, removal, or election of a new board member for that
93position.
94     (3)  The terms of the two board members that expire in 2007
95shall be extended until the date of the general election in
962008. The seats shall be numbered seats 4 and 5, respectively.
97Seat 4 shall be filled for a term of 4 years as prescribed by
986(A) of this act. Seat 5 shall be converted to a nonpartisan
99elected board member as defined by chapter 105, Florida
100Statutes. Candidates for this position shall qualify with the
101Palm Beach County Supervisor of Elections pursuant to chapter
102105, Florida Statutes, and shall be elected for a term of 4
103years by a plurality of District electors voting in said
104election.  "Electors" shall mean registered voters as defined by
105section 97.041, Florida Statutes. The board members elected to
106seats 4 and 5 shall take office within 10 days of election and
107shall serve until expiration of their term, resignation,
108removal, or election of a new board member for that position.
109     (E)  Beginning with the general election in 2006, Board of
110Supervisor qualifications shall be:
111     (1)  The two members of the board elected by electors shall
112be residents and electors of the District as defined by section
1133(D)(1) of this act. One Board member shall be a resident whose
114residence is located north of PGA Boulevard, and one Board
115member shall be a resident whose residence is south of PGA
116Boulevard. For candidates who reside within the District and
117west of the current terminus of PGA Boulevard at the Beeline
118Highway or east of the terminus of PGA Boulevard at U.S. Highway
1191, residency location shall be determined by extending the
120center line of PGA Boulevard at the applicable point of terminus
121due west to Lake Okeechobee and due east to the Atlantic Ocean.
122In the event any board member who is elected by the electors
123fails to maintain residency within the District, the member
124shall notify the District within 10 days of his or her loss of
125residency. Failure to reestablish residency within 30 days of
126its loss will create an automatic vacancy for that Board of
127Supervisors position.
128     (2)  The three members of the board elected pursuant to
129section 6(A) of this act shall be residents of the State of
130Florida. The board member who is elected to seat 3 shall be a
131resident of the District or own property within the District.
132Failure to maintain residency or land ownership requirements as
133stated herein requires notification of the District within 10
134days of loss of residency or land ownership. Failure to cure the
135qualification deficiency within 30 days of notice will create an
136automatic vacancy.
137     (3)  Candidates who do not collect campaign funds shall not
138be obligated to appoint a campaign treasurer or establish a
139depository pursuant to section 106.021, Florida Statutes.
140     (F)  In the event of any vacancy on the board, a qualified
141individual shall be appointed by a simple majority vote of the
142remaining members of the board. The appointee shall serve until
143the next general election. At that election, the position shall
144either be open for election for a full term or the remainder of
145the vacated seat, whichever is appropriate.
146     (D)  Each year during the month of June, beginning with the
147month of June 1961, Supervisors shall be elected, as hereinafter
148provided, by the landowners of said District to take the place
149of the retiring Supervisors. All vacancies or expirations on
150said Board shall be filled as required by this Act. At least
151three of the Supervisors of the Northern Palm Beach County
152Improvement District shall be residents of Palm Beach County,
153Florida, and owners of lands within said District. The other two
154Supervisors of the Northern Palm Beach County Improvement
155District need not be residents of the State of Florida. To be
156eligible for election, a candidate for the office of Supervisor
157shall file a written notice of intention to be a candidate in
158the office of the District at least 30 days before the annual
159meeting of the landowners. In case of a vacancy in the office of
160any Supervisor, the remaining Supervisors may fill such vacancy
161until the next annual meeting of the landowners, when his or her
162successor shall be elected by the landowners for the unexpired
163term.
164     (G)(E)  As soon as practicable after their election, the
165Board of Supervisors of the District shall organize by choosing
166one of their number President of the Board of Supervisors and by
167electing some suitable person Secretary, who may or may not be a
168member of said Board. The Secretary shall be required to execute
169bond for the faithful performance of his or her duties in such
170penal amount as the Board my determine. The Board of Supervisors
171shall adopt a seal which shall be the seal of the District. At
172each annual meeting of the landowners of the District, the Board
173of Supervisors shall report all work undertaken or completed
174during the preceding year, and the status of the finances of the
175District.
176     (H)(F)  All Supervisors shall hold office until their
177successors shall be elected and qualified. Whenever any election
178shall be authorized or required by this Act to be held by the
179landowners at any particular or stated time or day, and if for
180any reason such election shall not or cannot be held at such
181time or on such day, then in such event and in all and every
182such event, the power or duty to hold such election shall not
183cease or lapse, but such election shall be held thereafter as
184soon as practicable and consistent with this Act.
185     Section 5.  Compensation of Board.--The Supervisors shall
186be entitled to receive for their services an amount not to
187exceed $200 per meeting, not to exceed $500 per month per
188Supervisor. Such compensation must be approved by an affirmative
189vote of at least four members of the Board of Supervisors at a
190regularly scheduled meeting after the matter has been noticed
191for discussion and vote in a newspaper of general circulation in
192Palm Beach County. Notice shall be published at least 10 days
193prior to any meeting at which the matter is placed on the agenda
194for discussion and vote not receive any compensation for their
195services; however, they shall be paid the per-mile rate set
196forth in section 112.061, Florida Statutes, for each mile
197actually traveled up to a maximum of 200 miles in going to and
198from their places of residence to the place of meeting.
199     Section 6.  Meetings of landowners.--
200     (A)  Each year during the month of November June, beginning
201with the month of November 2006 June 1961, a meeting of the
202landowners of the District shall be held for the purpose of
203electing Supervisors to take the place of retiring Supervisors
204and hearing reports of the Board of Supervisors; provided,
205however, that a meeting of the landowners shall be held during
206the month of November 2005 June 1960, for the purpose of
207receiving reports of the Board of Supervisors and considering
208any matters upon which the Board of Supervisors may request the
209advice and views of the landowners. The Board of Supervisors
210shall have the power to call special meetings of the landowners
211at any time to receive reports of the Board of Supervisors or
212consider and act upon any matter upon which the Board of
213Supervisors may request advice. Notice of all meetings of the
214landowners shall be given by the Board of Supervisors by causing
215publication thereof to be made for 2 consecutive weeks prior to
216such meeting in some newspaper published in Palm Beach County.
217The meetings of the landowners shall be held in some public
218place in said County, and the place, day, and hour of holding
219such meetings shall be stated in the notice. The landowners when
220assembled shall organize by electing a Chair who shall preside
221at the meeting. The Secretary of the Board of Supervisors shall
222be the Secretary of such meeting. At all such meetings each and
223every acre, or any fraction thereof, of land in the District,
224except publicly owned property against which the District does
225not levy assessments, shall represent one share, and each owner
226shall be entitled to one vote in person or by written proxy for
227every acre, or any fraction thereof, of land owned by him or her
228in the District. The person receiving the highest number of
229votes for Supervisor shall be declared and elected as such
230Supervisor. Those landowners present or voting by proxy shall
231constitute a quorum at any meeting of the landowners.
232     (B)  Guardians may represent their wards, and personal
233representatives may represent the estates of deceased persons.
234Trustees may represent lands held by them in trust, and private
235and municipal corporations may be represented by their officers
236or duly authorized agents. Guardians, personal representatives,
237trustees, and corporations may vote by proxy.
238     Section 2.  This act shall take effect upon becoming a law.


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