Senate Bill sb2252

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    Florida Senate - 2006                                  SB 2252

    By Senator Webster





    9-1179-06                                               See HB

  1                      A bill to be entitled

  2         An act relating to district school boards;

  3         creating s. 1001.364, F.S.; providing for an

  4         alternate procedure for the election of a

  5         district school board chair in any school

  6         district that does not have a district school

  7         board member elected at large; requiring a

  8         referendum and providing requirements for

  9         submitting such referendum to the electors;

10         creating s. 1001.365, F.S.; providing for

11         resolution of a tie vote by the district school

12         board chair and district school board members;

13         amending s. 1001.371, F.S., relating to

14         organization of district school boards, to

15         conform; providing an effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Section 1001.364, Florida Statutes, is

20  created to read:

21         1001.364  Alternate procedure for election of district

22  school board chair.--

23         (1)  The district school board chair shall be elected

24  in accordance with the provisions of s. 1001.371 unless a

25  proposition calling for the district school board chair to be

26  elected as an additional school board member by districtwide

27  vote is submitted to and approved by a majority of the

28  qualified electors voting on such proposition in the manner

29  provided in subsection (2).

30         (2)  A proposition calling for the district school

31  board chair to be elected by districtwide vote shall be

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    Florida Senate - 2006                                  SB 2252
    9-1179-06                                               See HB




 1  submitted to the electors of the school district at any

 2  primary, general, or otherwise-called special election in

 3  either of the following manners:

 4         (a)  The district school board may adopt a formal

 5  resolution directing that the proposition be placed on the

 6  ballot; or

 7         (b)  The electors of the school district may petition

 8  to have the proposition placed on the ballot by presenting to

 9  the district school board petitions signed by not less than 10

10  percent of the duly qualified electors residing within the

11  school district. The number of signatures required shall be

12  determined by the supervisor of elections according to the

13  number of registered electors in the school district as of the

14  date the petitioning electors register as a political

15  committee as provided in subsection (3).

16         (3)  The electors petitioning to have the proposition

17  placed on the ballot shall register as a political committee

18  pursuant to s. 106.03, and a specific person shall be

19  designated therein as chair of the committee to act for the

20  committee.

21         (4)  Each petition form circulated shall include the

22  following wording:

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24         As a registered elector of the school district

25         of ____ County, Florida, I am petitioning for a

26         referendum election to determine whether the

27         district school board chair shall be elected by

28         districtwide vote.

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30  The petition shall also include space for the signature and

31  address of the elector. Each signature obtained shall be dated

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    Florida Senate - 2006                                  SB 2252
    9-1179-06                                               See HB




 1  when made and is valid for a period of 4 years after that

 2  date.

 3         (5)  Upon the filing of the petitions with the district

 4  school board by the chair of the committee, the district

 5  school board shall submit the petitions to the supervisor of

 6  elections for verification of the signatures. Within a period

 7  of not more than 30 days, the supervisor of elections shall

 8  determine whether the petitions contain the required number of

 9  valid signatures. The supervisor of elections shall be paid by

10  the committee seeking verification the sum of 10 cents for

11  each signature checked.

12         (6)  If it is determined that the petitions have the

13  required signatures, the supervisor of elections shall certify

14  the petitions to the district school board, which shall adopt

15  a formal resolution requesting that an election date be set to

16  conform to the earliest primary, general, or otherwise-called

17  special election that occurs not less than 30 days after

18  certification of the petitions. If it is determined that the

19  petitions do not contain the required signatures, the

20  supervisor of elections shall so notify the district school

21  board, which shall file the petitions without taking further

22  action, and the matter shall be at an end. No additional

23  signatures may be added to the petitions, and the petitions

24  may not be used in any other proceeding.

25         (7)  No special election may be called for the sole

26  purpose of presenting the proposition to the vote of the

27  electors.

28         (8)  Any school district adopting the proposition set

29  forth in this section may thereafter return to the procedure

30  otherwise provided by law by following the same procedure

31  outlined in subsection (2).

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    Florida Senate - 2006                                  SB 2252
    9-1179-06                                               See HB




 1         (9)  If a proposition submitted to the electors under

 2  subsection (2) calling for the district school board chair to

 3  be elected by districtwide vote is approved by vote of the

 4  qualified electors, the office of district school board chair

 5  shall be filled at the next general election.

 6         (10)  The vice chair of the district school board shall

 7  be elected by the members of the district school board as

 8  provided in s. 1001.371.

 9         (11)  This section does not apply to school districts

10  with district school board members elected at large.

11         Section 2.  Section 1001.365, Florida Statutes, is

12  created to read:

13         1001.365  Votes by district school board chair and

14  district school board members.--Unless otherwise provided by

15  law, in the event of a tie vote of the district school board

16  chair and district school board members acting in any

17  capacity, the side on which the district school board chair

18  voted shall be deemed to prevail. For purposes of any vote of

19  the district school board chair and district school board

20  members acting in any capacity, action taken pursuant to that

21  side of a tie vote on which the district school board chair

22  voted satisfies the requirement that action be taken by a

23  "majority" vote or a "simple majority" vote.

24         Section 3.  Section 1001.371, Florida Statutes, is

25  amended to read:

26         1001.371  Organization of district school board.--On

27  the third Tuesday after the first Monday in November of each

28  year, the district school board shall organize by electing a

29  chair. It may elect a vice chair, and the district school

30  superintendent shall act ex officio as the secretary. If a

31  vacancy should occur in the position of chair, the district

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    Florida Senate - 2006                                  SB 2252
    9-1179-06                                               See HB




 1  school board shall proceed to elect a chair at the next

 2  ensuing regular or special meeting. At the organization

 3  meeting, the district school superintendent shall act as chair

 4  until the organization is completed. The chair and secretary

 5  shall then make and sign a copy of the proceedings of

 6  organization, including the schedule for regular meetings and

 7  the names and addresses of all district school officers, and

 8  annex their affidavits that the same is a true and correct

 9  copy of the original, and the secretary shall file the

10  document within 2 weeks with the Department of Education. This

11  section does not apply to any school district with a district

12  school board chair who is elected by districtwide vote.

13         Section 4.  This act shall take effect July 1, 2006.

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