HB 0767

1
A bill to be entitled
2An act relating to the Northern Palm Beach County
3Improvement District; amending chapter 2000-467, Laws of
4Florida; increasing terms of office of members of the
5board of supervisors; revising procedures for election of
6board members; providing a definition; providing
7qualifications of board members; providing for filling of
8vacancies; providing certain exemption from campaign
9financing requirements; authorizing and providing
10conditions for compensation of board members; revising the
11time for holding annual meetings; precluding use of
12certain publicly owned property for voting shares;
13providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Sections 4, 5, and 6 of section 3 of chapter
182000-467, Laws of Florida, are amended to read:
19     Section 4.  Board of Supervisors; election, organization,
20powers, duties, and terms of office.--
21     (A)  There is herby created a Board of Supervisors of
22Northern Palm Beach County Improvement District, which shall be
23the governing body of said District.
24     (B)  Said Board of Supervisors shall consist of five
25persons, who, except as herein otherwise provided, shall hold
26office for the term of 4 3 years and until their successors
27shall be duly elected and qualified.
28     (C)  The first Board of Supervisors of the District shall
29be composed of five persons, two of whom shall hold office for 4
30years from June 1, 1959, two of whom shall hold office for 3
31years from June 1, 1959, and one of whom shall hold office for 2
32years from June 1, 1959. Within 30 days after this Act becomes a
33law, the Clerk of the Circuit Court of Palm Beach County shall
34call a special meeting of landowners of Northern Palm Beach
35County Improvement District for the purpose of electing the
36first Board of Supervisors for Northern Palm Beach County
37Improvement District as herein provided. Notice of such special
38meeting of landowners shall be given by the Clerk of the Circuit
39Court of Palm Beach County by causing publication thereof to be
40made once a week for 2 consecutive weeks prior to such meeting
41in some newspaper published in Palm Beach County. Such special
42meeting of landowners shall be held in some public place in Palm
43Beach County, and the place, date, and hour of holding such
44meeting and the purpose thereof shall be stated in the notice.
45The landowners when assembled shall organize by electing a Chair
46who shall preside at the meeting and a Secretary thereof. At
47such meeting, each and every acre, or any fraction thereof, of
48land in the District shall represent one share and each owner
49shall be entitled to one vote by person or by written proxy for
50every acre of land, or any fraction thereof, owned by him or her
51in the District. The landowners shall first vote for the
52Supervisors who are to hold office for the term of 4 years as
53herein provided, and the persons receiving the highest number of
54votes for such Supervisors shall be declared and elected as such
55Supervisors. Said land owners shall next vote for the
56Supervisors who are to hold office for the term of 3 years as
57provided herein, and the persons receiving the highest number of
58votes for such Supervisors shall be declared and elected as such
59Supervisors. Said landowners shall next vote for the Supervisor
60who is to hold office for the term of 2 years as herein
61provided, and the person receiving the highest number of votes
62for such Supervisor shall be declared and elected as such
63Supervisor.
64     (D)  Upon the effective date of this act, the following
65procedures shall apply to the election of members, including
66appointees, to the Board of Supervisors of the District:
67     (1)  The terms of two board members which expire in 2005
68shall be extended until the date of the general election in
692006. The seats shall be numbered seats 1 and 2, respectively.
70Seat 1 shall be filled for a term of 4 years pursuant to section
716(A) of this act. Seat 2 shall be converted to a nonpartisan
72elected board member as defined by chapter 105, Florida
73Statutes. Candidates for this position shall qualify with the
74Palm Beach County Supervisor of Elections pursuant to chapter
75105, Florida Statutes, and shall be elected for a term of 4
76years by a plurality of the District electors voting in said
77election. "Electors" shall mean registered voters as defined by
78section 97.041, Florida Statutes. The board members elected to
79seats 1 and 2 shall take office within 10 days of election and
80shall serve until expiration of their term, resignation,
81removal, or election of a new board member for that position.
82     (2)  The term of the board member which expires in 2006
83shall be extended until the date of the general election in
842006. The seat shall be numbered seat 3. Seat 3 shall be filled
85for a term of 4 years as prescribed by 6(A) of this act. The
86board member elected to seat 3 shall take office within 10 days
87of election and shall serve until expiration of his or her term,
88resignation, removal, or election of a new board member for that
89position.
90     (3)  The terms of the two board members that expire in 2007
91shall be extended until the date of the general election in
922008. The seats shall be numbered seats 4 and 5, respectively.
93Seat 4 shall be filled for a term of 4 years as prescribed by
946(A) of this act. Seat 5 shall be converted to a nonpartisan
95elected board member as defined by chapter 105, Florida
96Statutes. Candidates for this position shall qualify with the
97Palm Beach County Supervisor of Elections pursuant to chapter
98105, Florida Statutes, and shall be elected for a term of 4
99years by a plurality of District electors voting in said
100election.  "Electors" shall mean registered voters as defined by
101section 97.041, Florida Statutes. The board members elected to
102seats 4 and 5 shall take office within 10 days of election and
103shall serve until expiration of their term, resignation,
104removal, or election of a new board member for that position.
105     (E)  Beginning with the general election in 2006, Board of
106Supervisor qualifications shall be:
107     (1)  The two members of the board elected by electors shall
108be residents and electors of the District as defined by section
1093(D)(1) of this act. One Board member shall be a resident whose
110residence is located north of PGA Boulevard, and one Board
111member shall be a resident whose residence is south of PGA
112Boulevard. For candidates who reside within the District and
113west of the current terminus of PGA Boulevard at the Beeline
114Highway or east of the terminus of PGA Boulevard at U.S. Highway
1151, residency location shall be determined by extending the
116center line of PGA Boulevard at the applicable point of terminus
117due west to Lake Okeechobee and due east to the Atlantic Ocean.
118In the event any board member who is elected by the electors
119fails to maintain residency within the District, the member
120shall notify the District within 10 days of his or her loss of
121residency. Failure to reestablish residency within 30 days of
122its loss will create an automatic vacancy for that Board of
123Supervisors position.
124     (2)  The three members of the board elected pursuant to
125section 6(A) of this act shall be residents of the State of
126Florida. The board member who is elected to seat 3 shall be a
127resident of the District or own property within the District.
128Failure to maintain residency or land ownership requirements as
129stated herein requires notification of the District within 10
130days of loss of residency or land ownership. Failure to cure the
131qualification deficiency within 30 days of notice will create an
132automatic vacancy.
133     (3)  Candidates who do not collect campaign funds shall not
134be obligated to appoint a campaign treasurer or establish a
135depository pursuant to section 106.021, Florida Statutes.
136     (F)  In the event of any vacancy on the board, a qualified
137individual shall be appointed by a simple majority vote of the
138remaining members of the board. The appointee shall serve until
139the next general election. At that election, the position shall
140either be open for election for a full term or the remainder of
141the vacated seat, whichever is appropriate.
142     (D)  Each year during the month of June, beginning with the
143month of June 1961, Supervisors shall be elected, as hereinafter
144provided, by the landowners of said District to take the place
145of the retiring Supervisors. All vacancies or expirations on
146said Board shall be filled as required by this Act. At least
147three of the Supervisors of the Northern Palm Beach County
148Improvement District shall be residents of Palm Beach County,
149Florida, and owners of lands within said District. The other two
150Supervisors of the Northern Palm Beach County Improvement
151District need not be residents of the State of Florida. To be
152eligible for election, a candidate for the office of Supervisor
153shall file a written notice of intention to be a candidate in
154the office of the District at least 30 days before the annual
155meeting of the landowners. In case of a vacancy in the office of
156any Supervisor, the remaining Supervisors may fill such vacancy
157until the next annual meeting of the landowners, when his or her
158successor shall be elected by the landowners for the unexpired
159term.
160     (G)(E)  As soon as practicable after their election, the
161Board of Supervisors of the District shall organize by choosing
162one of their number President of the Board of Supervisors and by
163electing some suitable person Secretary, who may or may not be a
164member of said Board. The Secretary shall be required to execute
165bond for the faithful performance of his or her duties in such
166penal amount as the Board my determine. The Board of Supervisors
167shall adopt a seal which shall be the seal of the District. At
168each annual meeting of the landowners of the District, the Board
169of Supervisors shall report all work undertaken or completed
170during the preceding year, and the status of the finances of the
171District.
172     (H)(F)  All Supervisors shall hold office until their
173successors shall be elected and qualified. Whenever any election
174shall be authorized or required by this Act to be held by the
175landowners at any particular or stated time or day, and if for
176any reason such election shall not or cannot be held at such
177time or on such day, then in such event and in all and every
178such event, the power or duty to hold such election shall not
179cease or lapse, but such election shall be held thereafter as
180soon as practicable and consistent with this Act.
181     Section 5.  Compensation of Board.--The Supervisors shall
182be entitled to receive for their services an amount not to
183exceed $200 per meeting, not to exceed $500 per month per
184Supervisor. Such compensation must be approved by an affirmative
185vote of at least four members of the Board of Supervisors at a
186regularly scheduled meeting after the matter has been noticed
187for discussion and vote in a newspaper of general circulation in
188Palm Beach County. Notice shall be published at least 10 days
189prior to any meeting at which the matter is placed on the agenda
190for discussion and vote not receive any compensation for their
191services; however, they shall be paid the per-mile rate set
192forth in section 112.061, Florida Statutes, for each mile
193actually traveled up to a maximum of 200 miles in going to and
194from 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
197with the month of November 2006 June 1961, a meeting of the
198landowners of the District shall be held for the purpose of
199electing Supervisors to take the place of retiring Supervisors
200and hearing reports of the Board of Supervisors; provided,
201however, that a meeting of the landowners shall be held during
202the month of November 2005 June 1960, for the purpose of
203receiving reports of the Board of Supervisors and considering
204any matters upon which the Board of Supervisors may request the
205advice and views of the landowners. The Board of Supervisors
206shall have the power to call special meetings of the landowners
207at any time to receive reports of the Board of Supervisors or
208consider and act upon any matter upon which the Board of
209Supervisors may request advice. Notice of all meetings of the
210landowners shall be given by the Board of Supervisors by causing
211publication thereof to be made for 2 consecutive weeks prior to
212such meeting in some newspaper published in Palm Beach County.
213The meetings of the landowners shall be held in some public
214place in said County, and the place, day, and hour of holding
215such meetings shall be stated in the notice. The landowners when
216assembled shall organize by electing a Chair who shall preside
217at the meeting. The Secretary of the Board of Supervisors shall
218be the Secretary of such meeting. At all such meetings each and
219every acre, or any fraction thereof, of land in the District,
220except publicly owned property against which the District does
221not levy assessments, shall represent one share, and each owner
222shall be entitled to one vote in person or by written proxy for
223every acre, or any fraction thereof, of land owned by him or her
224in the District. The person receiving the highest number of
225votes for Supervisor shall be declared and elected as such
226Supervisor. Those landowners present or voting by proxy shall
227constitute a quorum at any meeting of the landowners.
228     (B)  Guardians may represent their wards, and personal
229representatives may represent the estates of deceased persons.
230Trustees may represent lands held by them in trust, and private
231and municipal corporations may be represented by their officers
232or duly authorized agents. Guardians, personal representatives,
233trustees, and corporations may vote by proxy.
234     Section 2.  This act shall take effect upon becoming a law.


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