| 1 | A bill to be entitled |
| 2 | An act relating to district school boards; providing |
| 3 | legislative findings; creating s. 1001.364, F.S.; |
| 4 | providing for an alternate procedure for the election of a |
| 5 | district school board chair in any school district that |
| 6 | does not have a district school board member elected at |
| 7 | large; requiring a referendum and providing requirements |
| 8 | for submitting such referendum to the electors; creating |
| 9 | s. 1001.365, F.S.; providing for resolution of a tie vote |
| 10 | by the district school board chair and district school |
| 11 | board members; amending s. 1001.371, F.S., relating to |
| 12 | organization of district school boards, to conform; |
| 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. The Legislature finds that medium-sized |
| 18 | counties in Florida have experienced rapid and dynamic growth in |
| 19 | the last decade. The Legislature recognizes that some counties |
| 20 | have been experiencing rapid growth, based on student enrollment |
| 21 | figures. The Legislature also recognizes that the needs of |
| 22 | students in kindergarten through grade 12 are significantly tied |
| 23 | to expansive growth in these counties, and that the needs of |
| 24 | families that have school-age children require critical |
| 25 | consideration. The Legislature finds that the will of the |
| 26 | electors regarding education issues may be better realized by |
| 27 | offering an alternate procedure for the district school board |
| 28 | chair to be elected directly by the electors of the school |
| 29 | district. |
| 30 | Section 2. Section 1001.364, Florida Statutes, is created |
| 31 | to read: |
| 32 | 1001.364 Alternate procedure for election of district |
| 33 | school board chair.-- |
| 34 | (1) The district school board chair shall be elected in |
| 35 | accordance with the provisions of s. 1001.371 unless a |
| 36 | proposition calling for the district school board chair to be |
| 37 | elected as an additional school board member by districtwide |
| 38 | vote is submitted to and approved by a majority of the qualified |
| 39 | electors voting on such proposition in the manner provided in |
| 40 | subsection (2). |
| 41 | (2) A proposition calling for the district school board |
| 42 | chair to be elected by districtwide vote shall be submitted to |
| 43 | the electors of the school district at any primary, general, or |
| 44 | otherwise-called special election in either of the following |
| 45 | manners: |
| 46 | (a) The district school board may adopt a formal |
| 47 | resolution directing that the proposition be placed on the |
| 48 | ballot; or |
| 49 | (b) The electors of the school district may petition to |
| 50 | have the proposition placed on the ballot by presenting to the |
| 51 | district school board petitions signed by not less than 10 |
| 52 | percent of the duly qualified electors residing within the |
| 53 | school district. The number of signatures required shall be |
| 54 | determined by the supervisor of elections according to the |
| 55 | number of registered electors in the school district as of the |
| 56 | date the petitioning electors register as a political committee |
| 57 | as provided in subsection (3). |
| 58 | (3) The electors petitioning to have the proposition |
| 59 | placed on the ballot shall register as a political committee |
| 60 | pursuant to s. 106.03, and a specific person shall be designated |
| 61 | therein as chair of the committee to act for the committee. |
| 62 | (4) Each petition form circulated shall include the |
| 63 | following wording: |
| 64 |
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| 65 | As a registered elector of the school district |
| 66 | of ____ County, Florida, I am petitioning for a |
| 67 | referendum election to determine whether the |
| 68 | district school board chair shall be elected by |
| 69 | districtwide vote. |
| 70 |
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| 71 | The petition shall also include space for the signature and |
| 72 | address of the elector. Each signature obtained shall be dated |
| 73 | when made and is valid for a period of 4 years after that date. |
| 74 | (5) Upon the filing of the petitions with the district |
| 75 | school board by the chair of the committee, the district school |
| 76 | board shall submit the petitions to the supervisor of elections |
| 77 | for verification of the signatures. Within a period of not more |
| 78 | than 30 days, the supervisor of elections shall determine |
| 79 | whether the petitions contain the required number of valid |
| 80 | signatures. The supervisor of elections shall be paid by the |
| 81 | committee seeking verification the sum of 10 cents for each |
| 82 | signature checked. |
| 83 | (6) If it is determined that the petitions have the |
| 84 | required signatures, the supervisor of elections shall certify |
| 85 | the petitions to the district school board, which shall adopt a |
| 86 | formal resolution requesting that an election date be set to |
| 87 | conform to the earliest primary, general, or otherwise-called |
| 88 | special election that occurs not less than 30 days after |
| 89 | certification of the petitions. If it is determined that the |
| 90 | petitions do not contain the required signatures, the supervisor |
| 91 | of elections shall so notify the district school board, which |
| 92 | shall file the petitions without taking further action, and the |
| 93 | matter shall be at an end. No additional signatures may be added |
| 94 | to the petitions, and the petitions may not be used in any other |
| 95 | proceeding. |
| 96 | (7) No special election may be called for the sole purpose |
| 97 | of presenting the proposition to the vote of the electors. |
| 98 | (8) Any school district adopting the proposition set forth |
| 99 | in this section may thereafter return to the procedure otherwise |
| 100 | provided by law by following the same procedure outlined in |
| 101 | subsection (2). |
| 102 | (9) If a proposition submitted to the electors under |
| 103 | subsection (2) calling for the district school board chair to be |
| 104 | elected by districtwide vote is approved by vote of the |
| 105 | qualified electors, the office of district school board chair |
| 106 | shall be filled at the next general election. |
| 107 | (10) The vice chair of the district school board shall be |
| 108 | elected by the members of the district school board as provided |
| 109 | in s. 1001.371. |
| 110 | (11) This section applies only to those counties organized |
| 111 | by charter that have a population of between 800,000 and 900,000 |
| 112 | according to the last federal decennial census. |
| 113 | Section 3. Section 1001.365, Florida Statutes, is created |
| 114 | to read: |
| 115 | 1001.365 Votes by district school board chair and district |
| 116 | school board members.--Unless otherwise provided by law, in the |
| 117 | event of a tie vote of the district school board chair and |
| 118 | district school board members acting in any capacity, the side |
| 119 | on which the district school board chair voted shall be deemed |
| 120 | to prevail. For purposes of any vote of the district school |
| 121 | board chair and district school board members acting in any |
| 122 | capacity, action taken pursuant to that side of a tie vote on |
| 123 | which the district school board chair voted satisfies the |
| 124 | requirement that action be taken by a "majority" vote or a |
| 125 | "simple majority" vote. This section applies only to those |
| 126 | counties organized by charter that have a population of between |
| 127 | 800,000 and 900,000 according to the last federal decennial |
| 128 | census. |
| 129 | Section 4. Section 1001.371, Florida Statutes, is amended |
| 130 | to read: |
| 131 | 1001.371 Organization of district school board.--On the |
| 132 | third Tuesday after the first Monday in November of each year, |
| 133 | the district school board shall organize by electing a chair. It |
| 134 | may elect a vice chair, and the district school superintendent |
| 135 | shall act ex officio as the secretary. If a vacancy should occur |
| 136 | in the position of chair, the district school board shall |
| 137 | proceed to elect a chair at the next ensuing regular or special |
| 138 | meeting. At the organization meeting, the district school |
| 139 | superintendent shall act as chair until the organization is |
| 140 | completed. The chair and secretary shall then make and sign a |
| 141 | copy of the proceedings of organization, including the schedule |
| 142 | for regular meetings and the names and addresses of all district |
| 143 | school officers, and annex their affidavits that the same is a |
| 144 | true and correct copy of the original, and the secretary shall |
| 145 | file the document within 2 weeks with the Department of |
| 146 | Education. This section does not apply to any school district |
| 147 | with a district school board chair who is elected by |
| 148 | districtwide vote. |
| 149 | Section 5. This act shall take effect July 1, 2006. |