Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. HB 1221
                        Barcode 200734
                            CHAMBER ACTION
              Senate                               House
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 1                                 .         C/2R       
                                   .         05/04/2006 11:31:08
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 3         Floor: 1/AD/2R          .                    
       04/27/2006 07:28 PM         .                    
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11  Senator Webster moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  The Legislature finds that medium-sized
18  counties in Florida have experienced d dynamic growth
19  in the last decade. The Legislature recognizes that some
20  counties have been experiencing rapid growth, based on student
21  enrollment figures. The Legislature also recognizes that the
22  needs of students in kindergarten through grade 12 are
23  significantly tied to expansive growth in these counties, and
24  that the needs of families that have school-age children
25  require critical consideration. The Legislature finds that the
26  will of the electors regarding education issues may be better
27  realized by offering an alternate procedure for the district
28  school board chair to be elected directly by the electors of
29  the school district.
30         Section 2.  Section 1001.364, Florida Statutes, is
31  created to read:
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1221 Barcode 200734 1 1001.364 Alternate procedure for election of district 2 school board chair.-- 3 (1) The district school board chair shall be elected 4 in accordance with the provisions of s. 1001.371 unless a 5 proposition calling for the district school board chair to be 6 elected as an additional school board member by districtwide 7 vote is submitted to and approved by a majority of the 8 qualified electors voting on such proposition in the manner 9 provided in subsection (2). 10 (2) A proposition calling for the district school 11 board chair to be elected by districtwide vote shall be 12 submitted to the electors of the school district at any 13 primary, general, or otherwise-called special election in 14 either of the following manners: 15 (a) The district school board may adopt a formal 16 resolution directing that the proposition be placed on the 17 ballot; or 18 (b) The electors of the school district may petition 19 to have the proposition placed on the ballot by presenting to 20 the district school board petitions signed by not less than 10 21 percent of the duly qualified electors residing within the 22 school district. The number of signatures required shall be 23 determined by the supervisor of elections according to the 24 number of registered electors in the school district as of the 25 date the petitioning electors register as a political 26 committee as provided in subsection (3). 27 (3) The electors petitioning to have the proposition 28 placed on the ballot shall register as a political committee 29 pursuant to s. 106.03, and a specific person shall be 30 designated therein as chair of the committee to act for the 31 committee. 2 2:10 PM 04/27/06 h122100d-09-b04
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1221 Barcode 200734 1 (4) Each petition form circulated shall include the 2 following wording: 3 4 As a registered elector of the school district 5 of ____ County, Florida, I am petitioning for a 6 referendum election to determine whether the 7 district school board chair shall be elected by 8 districtwide vote. 9 10 The petition shall also include space for the signature and 11 address of the elector. Each signature obtained shall be dated 12 when made and is valid for a period of 4 years after that 13 date. 14 (5) Upon the filing of the petitions with the district 15 school board by the chair of the committee, the district 16 school board shall submit the petitions to the supervisor of 17 elections for verification of the signatures. Within a period 18 of not more than 30 days, the supervisor of elections shall 19 determine whether the petitions contain the required number of 20 valid signatures. The supervisor of elections shall be paid by 21 the committee seeking verification the sum of 10 cents for 22 each signature checked. 23 (6) If it is determined that the petitions have the 24 required signatures, the supervisor of elections shall certify 25 the petitions to the district school board, which shall adopt 26 a formal resolution requesting that an election date be set to 27 conform to the earliest primary, general, or otherwise-called 28 special election that occurs not less than 30 days after 29 certification of the petitions. If it is determined that the 30 petitions do not contain the required signatures, the 31 supervisor of elections shall so notify the district school 3 2:10 PM 04/27/06 h122100d-09-b04
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1221 Barcode 200734 1 board, which shall file the petitions without taking further 2 action, and the matter shall be at an end. No additional 3 signatures may be added to the petitions, and the petitions 4 may not be used in any other proceeding. 5 (7) No special election may be called for the sole 6 purpose of presenting the proposition to the vote of the 7 electors. 8 (8) Any school district adopting the proposition set 9 forth in this section may thereafter return to the procedure 10 otherwise provided by law by following the same procedure 11 outlined in subsection (2). 12 (9) If a proposition submitted to the electors under 13 subsection (2) calling for the district school board chair to 14 be elected by districtwide vote is approved by vote of the 15 qualified electors, the office of district school board chair 16 shall be filled at the next general election. 17 (10) The vice chair of the district school board shall 18 be elected by the members of the district school board as 19 provided in s. 1001.371. 20 (11) This section applies only to those counties 21 organized by charter that have a population of between 800,000 22 and 900,000 according to the last federal decennial census. 23 Section 3. Section 1001.365, Florida Statutes, is 24 created to read: 25 1001.365 Votes by district school board chair and 26 district school board members.--Unless otherwise provided by 27 law, in the event of a tie vote of the district school board 28 chair and district school board members acting in any 29 capacity, the side on which the district school board chair 30 voted shall be deemed to prevail. For purposes of any vote of 31 the district school board chair and district school board 4 2:10 PM 04/27/06 h122100d-09-b04
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1221 Barcode 200734 1 members acting in any capacity, action taken pursuant to that 2 side of a tie vote on which the district school board chair 3 voted satisfies the requirement that action be taken by a 4 "majority" vote or a "simple majority" vote. This section 5 applies only to those counties organized by charter that have 6 a population of between 800,000 and 900,000 according to the 7 last federal decennial census. 8 Section 4. Section 1001.371, Florida Statutes, is 9 amended to read: 10 1001.371 Organization of district school board.--On 11 the third Tuesday after the first Monday in November of each 12 year, the district school board shall organize by electing a 13 chair. It may elect a vice chair, and the district school 14 superintendent shall act ex officio as the secretary. If a 15 vacancy should occur in the position of chair, the district 16 school board shall proceed to elect a chair at the next 17 ensuing regular or special meeting. At the organization 18 meeting, the district school superintendent shall act as chair 19 until the organization is completed. The chair and secretary 20 shall then make and sign a copy of the proceedings of 21 organization, including the schedule for regular meetings and 22 the names and addresses of all district school officers, and 23 annex their affidavits that the same is a true and correct 24 copy of the original, and the secretary shall file the 25 document within 2 weeks with the Department of Education. This 26 section does not apply to any school district with a district 27 school board chair who is elected by districtwide vote. 28 Section 5. This act shall take effect July 1, 2006. 29 30 31 5 2:10 PM 04/27/06 h122100d-09-b04
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1221 Barcode 200734 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to district school boards; 8 providing legislative findings; creating s. 9 1001.364, F.S.; providing for an alternate 10 procedure for the election of a district school 11 board chair in any school district that does 12 not have a district school board member elected 13 at large; requiring a referendum and providing 14 requirements for submitting such referendum to 15 the electors; creating s. 1001.365, F.S.; 16 providing for resolution of a tie vote by the 17 district school board chair and district school 18 board members; amending s. 1001.371, F.S., 19 relating to organization of district school 20 boards, to conform; providing an effective 21 date. 22 23 24 25 26 27 28 29 30 31 6 2:10 PM 04/27/06 h122100d-09-b04