| 1 | A bill to be entitled |
| 2 | An act relating to the South Broward Drainage District, |
| 3 | Broward County; amending chapter 98-524, Laws of Florida, |
| 4 | as amended; providing for changing designation of |
| 5 | supervisors to commissioners; deleting reference to |
| 6 | landowner meetings; providing for notice and call of |
| 7 | emergency meetings of the board; amending the amount for |
| 8 | which advertisement for bids is required for the |
| 9 | procurement by the district of contractual services and |
| 10 | the purchase of goods, supplies, and materials to comply |
| 11 | with general law; clarifying the terms of office for |
| 12 | commissioners; revising the events that will result in a |
| 13 | revision of the boundaries of the commission zones; |
| 14 | redesignating the office of president of the board to |
| 15 | chairperson of the board; creating the office of vice |
| 16 | chairperson of the board; providing for a designation of |
| 17 | who shall preside at meetings of the board; providing for |
| 18 | election of officers of the board; clarifying the |
| 19 | commission zones that will be up for election for 2008, |
| 20 | 2010, and subsequent years; revising inconsistent |
| 21 | provisions; providing severability; providing an effective |
| 22 | date. |
| 23 |
|
| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
|
| 26 | Section 1. Subsections (3) and (8) of section 9, section |
| 27 | 12, subsection (15) of section 13, sections 18, 20, 23, and 39, |
| 28 | subsection (1) of section 40, section 42, subsection (1) of |
| 29 | section 47, subsections (1), (3), and (5) of section 50, |
| 30 | subsection (1) of section 53, and section 67 of section 2 of |
| 31 | chapter 98-524, Laws of Florida, are amended to read: |
| 32 | Section 9. Definitions.-- |
| 33 | (3) "Board" means the board of commissioners supervisors |
| 34 | of the South Broward Drainage District, or, if such district |
| 35 | shall be abolished, the board, body, or commission succeeding to |
| 36 | the principal functions thereof or to whom the powers given by |
| 37 | this act to the board of commissioners supervisors shall be |
| 38 | given by law. |
| 39 | (8) "Project" means any development, improvement, |
| 40 | property, utility, facility, works, road, enterprise, service, |
| 41 | or convenience, now existing or hereafter undertaken or |
| 42 | established, that under the provisions of this act or under |
| 43 | chapter 298, Florida Statutes, the district is authorized to |
| 44 | construct, acquire, undertake, and furnish for its own use or |
| 45 | for the use of any other person, firm, or corporation, owning, |
| 46 | leasing, or otherwise using the same, for any purpose or |
| 47 | activity, and shall include, without limitation, such repairs, |
| 48 | replacements, additions, extensions, and betterments to any |
| 49 | project as may be deemed necessary or desirable by the board of |
| 50 | commissioners supervisors to place or to maintain such project |
| 51 | in proper condition for the same, efficient, and economic |
| 52 | operation thereof. |
| 53 | Section 12. Compensation of board.--Each commissioner |
| 54 | supervisor shall be entitled to receive for his or her services |
| 55 | an amount approved by resolution of the board not to exceed |
| 56 | $400.00 per month. In addition, each commissioner supervisor |
| 57 | shall receive reasonable travel expenses for attending the place |
| 58 | of meeting from his or her residence. Unless the board by |
| 59 | resolution otherwise provides, such travel expenses shall not be |
| 60 | in excess of the amounts provided by law for state and county |
| 61 | officials. |
| 62 | Section 13. Powers.--The district shall have, and the |
| 63 | board may exercise, any or all of the following powers: |
| 64 | (15) To employ engineers, attorneys, agents, employees, |
| 65 | and representatives as the board of supervisors may from time |
| 66 | to time determine necessary and to fix their compensation and |
| 67 | duties. |
| 68 | Section 18. Fiscal year.--The board of supervisors, by |
| 69 | resolution, shall establish the fiscal year for the district. |
| 70 | Section 20. Notice and call of board meetings of |
| 71 | landowners; quorum; adjournments; representation at meetings; |
| 72 | taking action without meeting.-- |
| 73 | (1) The board shall publish notice of all meetings of the |
| 74 | board at least 7 days landowners once a week for 2 consecutive |
| 75 | weeks prior to such meeting in a newspaper of general |
| 76 | circulation in Broward County. Meetings of the board landowners |
| 77 | shall be held in a public place, or any other place made |
| 78 | available for the purpose of such meeting, in Broward County, |
| 79 | and the place, date, and hour of holding such meeting and the |
| 80 | purpose thereof shall be stated in the notice. Those landowners |
| 81 | present in person or by proxy shall constitute a quorum at any |
| 82 | meeting of the landowners. |
| 83 | (2) The board may call special meetings of the landowners |
| 84 | at any time to receive reports of the board or for such other |
| 85 | purpose as the board may determine. In the event of an emergency |
| 86 | as determined by the district director, the chairperson, or the |
| 87 | vice chairperson of the board which requires immediate board |
| 88 | action, such notice as is reasonable under the circumstances |
| 89 | shall be provided. A special meeting of the landowners may also |
| 90 | be called at any time upon notice as provided in this section at |
| 91 | the written request of the owners of not less than 25 percent in |
| 92 | acreage of the land within the district for the purpose of |
| 93 | taking any lawful action by the landowners of the district. Such |
| 94 | special meeting shall be called by any court of competent |
| 95 | jurisdiction in the event that the board fails to do so upon |
| 96 | request as provided in this section. Except as otherwise |
| 97 | provided in Section 10 with respect to the election of |
| 98 | supervisors, action taken at a meeting of the landowners shall |
| 99 | be by affirmative vote of the owners of a majority of the |
| 100 | acreage represented at such meeting. |
| 101 | (3) At any meeting of the landowners, guardians may |
| 102 | represent their wards; executors and administrators may |
| 103 | represent the estate of deceased persons; trustees may represent |
| 104 | lands held by them in trust; and private corporations may be |
| 105 | represented by their duly authorized proxy. All landowners, |
| 106 | including guardians, executors, administrators, trustees, and |
| 107 | corporations, may be represented and vote by proxy. |
| 108 | (4) Any action required or that may be taken at a meeting |
| 109 | of the landowners may be taken without a meeting or notice of |
| 110 | meeting being given upon the written consent of all of the |
| 111 | landowners. |
| 112 | Section 23. Assessing land for reclamation; apportionment |
| 113 | of tax; drainage tax record.--The board shall, without any |
| 114 | unnecessary delay, levy a tax of such portion of benefits of the |
| 115 | district's plan of reclamation on all lands in the district to |
| 116 | which benefits have been assessed, as may be found necessary by |
| 117 | the board of supervisors to pay the costs of the completion of |
| 118 | the proposed works and improvements, as shown in said plan of |
| 119 | reclamation and in carrying out the objects of said district; |
| 120 | and, in addition thereto, 10 percent of said total amount for |
| 121 | emergencies. The said tax shall be apportioned to, and levied |
| 122 | on, each tract of land in said district in proportion to the |
| 123 | benefits assessed, and not in excess thereof; and in case bonds |
| 124 | are issued, as provided in this act, a tax shall be levied in a |
| 125 | sum not less than an amount 90 percent of which shall be equal |
| 126 | to the principal of said bonds. The amount of bonds to be issued |
| 127 | for paying the cost of the works as set forth in the plan of |
| 128 | reclamation shall be ascertained and determined by the board; |
| 129 | however, the total amount of all bonds to be issued by the |
| 130 | district shall in no case exceed 90 percent of the benefits |
| 131 | assessed upon the lands of the district. The amount of the |
| 132 | interest, as estimated by said board, which will accrue on such |
| 133 | bonds, shall be included and added to the said tax, but the |
| 134 | interest to accrue on account of the issuing of said bonds shall |
| 135 | not be construed as a part of the costs of construction in |
| 136 | determining whether or not the expenses and costs of making said |
| 137 | improvements are equal to, or in excess of, the benefits |
| 138 | assessed. The secretary of the board of supervisors, or the |
| 139 | director, as soon as said total tax is levied, shall, at the |
| 140 | expense of the district, prepare a list of all taxies levied, in |
| 141 | the form of a well bound book, which book shall be endorsed and |
| 142 | named "DRAINAGE TAX RECORD OF SOUTH BROWARD DRAINAGE DISTRICT, |
| 143 | BROWARD COUNTY, FLORIDA", which endorsement shall be printed or |
| 144 | written at the top of each page in said book, and shall be |
| 145 | signed and certified by the chairperson president and secretary |
| 146 | of the board, attested by affixing the seal of the district, and |
| 147 | the same shall thereafter become a permanent record in the |
| 148 | office of said secretary or director. In the alternative, so |
| 149 | long as the Broward County property appraiser or revenue |
| 150 | collector assesses and collects the taxes and assessments |
| 151 | authorized by this section, the records of the Broward County |
| 152 | property appraiser shall satisfy the requirements of the |
| 153 | drainage tax record of the district. |
| 154 | Section 39. Pledge by the state to the bondholders of the |
| 155 | district and to the Federal Government.--The state pledges to |
| 156 | the holders of any bonds issued under this act that it will not |
| 157 | limit or alter the rights of the district to own, acquire, |
| 158 | construct, reconstruct, improve, maintain, operate, or furnish |
| 159 | the projects or to levy and collect the taxes, assessments, |
| 160 | rentals, rates, fees, tolls, fares, and other charges provided |
| 161 | for herein and to fulfill the terms of any agreement made with |
| 162 | the holders of such bonds or other obligations, that it will not |
| 163 | in any way impair the rights or remedies of the holders, and |
| 164 | that it will not modify in any way the exemption from taxation |
| 165 | provided in the act, until all such bonds together with interest |
| 166 | thereon, and all costs and expenses in connection with any |
| 167 | action or proceeding by or on behalf of such holders, are fully |
| 168 | met and discharged. The state pledges to and agrees with the |
| 169 | Federal Government that in the event the Federal Government or |
| 170 | any agency or authority thereof shall construct or contribute |
| 171 | any funds, materials, or property for the construction, |
| 172 | acquisition, extension, improvement, enlargement, maintenance, |
| 173 | operation, or furnishing of any of the projects of the district, |
| 174 | or any part thereof, the state will not alter or limit the |
| 175 | rights and powers of the district in any manner which would be |
| 176 | inconsistent with the continued maintenance and operation of |
| 177 | such project, or any part thereof, or the improvement thereof, |
| 178 | or which would be inconsistent with the due performance of any |
| 179 | agreements between the district and the Federal Government, and |
| 180 | the district shall continue to have and may exercise all powers |
| 181 | herein granted so long as the board of supervisors may deem the |
| 182 | same necessary or desirable for the carrying out of the purposes |
| 183 | of this act and the purposes of the Federal Government in the |
| 184 | construction, acquisition, extension, improvement, enlargement, |
| 185 | maintenance, operation, or furnishing of any of the projects of |
| 186 | the district, or any part thereof. |
| 187 | Section 40. Annual installment taxes.-- |
| 188 | (1) The board shall annually determine, order and levy the |
| 189 | annual installment of the total taxes which are levied under |
| 190 | section 23 or under section s. 298.36, Florida Statutes, which |
| 191 | shall be due and be collected during each year that county taxes |
| 192 | are due and collected and said annual installment and levy shall |
| 193 | be evidenced to and certified by the board of supervisors each |
| 194 | year to the Broward County Property Appraiser. Said tax shall be |
| 195 | entered by the county property appraiser on the county tax rolls |
| 196 | and shall be collected by the Broward County revenue collector |
| 197 | in the same manner and same time as county taxes and the |
| 198 | proceeds thereof paid to the district. The tax shall be a lien |
| 199 | until paid on the property against which assessed and |
| 200 | enforceable in like manner as county taxes. |
| 201 | Section 42. Maintenance tax.--To maintain and preserve the |
| 202 | drainage improvements of the district, a maintenance tax shall |
| 203 | be evidenced to and certified by the board of supervisors each |
| 204 | year to the property appraiser and shall be entered by the |
| 205 | property appraiser on the county tax rolls and shall, be |
| 206 | collected by the revenue collector in the same manner and time |
| 207 | as county taxes and the proceeds therefrom paid to the district. |
| 208 | The tax shall be a lien until paid on the property against which |
| 209 | assessed and enforceable in like manner as county taxes. The |
| 210 | amount of said maintenance tax shall be determined by the board |
| 211 | based upon a report of the chief engineer or director and |
| 212 | assessed by the board upon such lands, which may be all of the |
| 213 | lands within the district, benefited by the maintenance thereof. |
| 214 | Section 47. Foreclosure of liens.-- |
| 215 | (1) Any lien in favor of the district arising under |
| 216 | chapter 298, Florida Statutes, or under this act may be |
| 217 | foreclosed by the district by bringing foreclosure proceedings |
| 218 | in the name of the district in the circuit court in like manner |
| 219 | as is provided in chapter 173, Florida Statutes, and amendments |
| 220 | thereto, and the provisions of the chapter shall be applicable |
| 221 | to such proceedings with the same force and effect as if the |
| 222 | provisions were expressly set forth in this act. Any act |
| 223 | required or authorized to be done by or on behalf of a city or |
| 224 | town in foreclosure proceedings under chapter 173, Florida |
| 225 | Statutes, may be performed by such officer or agent of the |
| 226 | district as the board of supervisors may designate. Such |
| 227 | foreclosure proceedings may be brought at any time after the |
| 228 | expiration of 1 year from the date any tax, or installment |
| 229 | thereof, becomes delinquent. |
| 230 | Section 50. Unit development; powers of board of |
| 231 | supervisors to designate units of district and adopt system of |
| 232 | progressive drainage by units; plans of reclamation and |
| 233 | financing assessments for each unit; amendment of unit plan.-- |
| 234 | (1) The board of supervisors of the district is authorized |
| 235 | in its discretion to drain and reclaim and place under water |
| 236 | control or more completely and intensively to drain and reclaim |
| 237 | and place under water control the lands in the district by |
| 238 | designated areas or parts of the district to be called "units". |
| 239 | The units into which the district may be so divided shall be |
| 240 | given appropriate numbers or names by the board, so that the |
| 241 | units may be readily identified and distinguished. The board |
| 242 | shall have the power to fix and determine the location, area, |
| 243 | and boundaries of lands to be included in each and all such |
| 244 | units, the order of development thereof, and the method of |
| 245 | carrying on the work in each unit. The unit system of drainage |
| 246 | provided by this section may be conducted and all of the |
| 247 | proceedings by this section and this act authorized in respect |
| 248 | to such unit or units may be carried on and conducted at the |
| 249 | same time as or after the work of draining and reclaiming of the |
| 250 | entire district has been or is being or shall be instituted or |
| 251 | carried on under the provisions of this act or under chapter |
| 252 | 298, Florida Statutes, or both. |
| 253 | (3) As soon as practicable after the adoption of such |
| 254 | resolution, the board shall publish notice once a week for 2 |
| 255 | consecutive weeks in a newspaper or newspapers published and of |
| 256 | general circulation in Broward County, briefly describing the |
| 257 | units into which the district has been divided and the lands |
| 258 | embraced in each unit, giving the name, number or other |
| 259 | designation of such units, requiring all owners of lands in the |
| 260 | district to show cause in writing before the board at a time and |
| 261 | place to be stated in such notice why such division of the |
| 262 | district into such units should not be approved, and the system |
| 263 | of development by units should not be adopted and given effect |
| 264 | by the board, and why the proceedings and powers authorized by |
| 265 | this section should not be had, taken and exercised. At the time |
| 266 | and place stated in the notice, the board of supervisors shall |
| 267 | hear all objections or causes of objection, all of which shall |
| 268 | be in writing, of any landowner in the district who may appear |
| 269 | in person or by attorney, to the matters mentioned and referred |
| 270 | to in such notice, and, if no objections are made, or if |
| 271 | objections are made and overruled by the board, then the board |
| 272 | shall enter in its minutes its finding and order confirming the |
| 273 | resolution, and may thereafter proceed with the development, |
| 274 | drainage, and reclamation of the district by units pursuant to |
| 275 | such resolution and to the provisions of this act. The failure |
| 276 | to make objections as provided in this subsection shall |
| 277 | constitute a waiver of such objection, and, if any objection |
| 278 | shall be made and overruled or otherwise not sustained, |
| 279 | confirmation of the resolution shall be the final adjudication |
| 280 | of the issues presented unless a judicial proceeding is |
| 281 | initiated within 10 days after such ruling. |
| 282 | (5) When the resolutions creating the unit system shall be |
| 283 | confirmed by the board, or by the circuit court, if such |
| 284 | proposed action shall be challenged by a landowner by the |
| 285 | judicial proceedings authorized in this section, the board may |
| 286 | adopt a plan or plans of reclamation for and in respect to any |
| 287 | or all such units, and to have the benefits and damages |
| 288 | resulting therefrom assessed and apportioned in like manner as |
| 289 | is provided by chapter 298, Florida Statutes, in regard to plans |
| 290 | of reclamation for the assessments of benefits and damages of |
| 291 | the entire district, or in like manner as is provided for in |
| 292 | this act for the assessments of benefits. The board shall have |
| 293 | the same powers in respect to each and all of such units as is |
| 294 | vested in them with respect to the entire district. All the |
| 295 | provisions of this act shall apply to the drainage, reclamation, |
| 296 | and improvement of each, any, and all such units, and the |
| 297 | enumeration of or reference to specific powers or duties of the |
| 298 | commissioners supervisors or any other officers or other matters |
| 299 | in this act, as set forth in this act, shall not limit or |
| 300 | restrict the application of any and all of the proceedings and |
| 301 | powers herein to the drainage and reclamation of such units as |
| 302 | fully and completely as if such unit or units were specifically |
| 303 | and expressly named in every section and clause of this act |
| 304 | where the entire district is mentioned or referred to. Unless |
| 305 | the board by resolution otherwise provides, all assessments, |
| 306 | levies, taxes, bonds, and other obligations made, levied, |
| 307 | assessed, or issued for or in respect to any such unit or units |
| 308 | shall be a lien and charge solely and only upon the lands in |
| 309 | such unit or units, respectively, for the benefit of which the |
| 310 | same shall be levied, made, or issued, and not upon the |
| 311 | remaining units or lands in the district. |
| 312 | Section 53. Procurement of contractual services and |
| 313 | purchase of goods, supplies, and materials.-- |
| 314 | (1) All contracts let by the board for professional |
| 315 | architectural, engineering, landscape architectural, or land |
| 316 | surveying and mapping services for any project authorized by |
| 317 | this act shall be in compliance with section s. 287.055, Florida |
| 318 | Statutes, as amended. Except as stated herein and as provided by |
| 319 | section s. 287.055, Florida Statutes, as amended, no contract |
| 320 | shall be let by the board for the construction or maintenance of |
| 321 | any improvements authorized under this act, nor shall any goods, |
| 322 | supplies, or materials be purchased, when the amount thereof to |
| 323 | be paid by the district shall exceed the threshold amount |
| 324 | provided in section 287.017(1), Florida Statutes, for category |
| 325 | two $10,000,unless notice of bids shall be advertised once a |
| 326 | week for 2 consecutive weeks in a newspaper in general |
| 327 | circulation in Broward County, and in each case the bid of the |
| 328 | lowest responsible bidder shall be accepted, unless all bids are |
| 329 | rejected because the bids are too high. The board may require |
| 330 | the bidders to furnish bond with responsible surety to be |
| 331 | approved by the board. Nothing in this section shall prevent |
| 332 | the board from undertaking and performing the construction, |
| 333 | operation, and maintenance of any project, facility, or |
| 334 | improvements authorized under this act by the employment of |
| 335 | labor, material, and machinery. |
| 336 | Section 67. Bailey Drainage District's contracts and |
| 337 | agreements to be approved by South Broward Drainage |
| 338 | District.--Beginning on March 12, 1992, no contracts or |
| 339 | agreements entered into by the Bailey Drainage District which |
| 340 | contain obligations of Bailey Drainage District that are not |
| 341 | provided for in the Bailey Drainage District budget for fiscal |
| 342 | year 1991-1992 shall be valid unless approved by a majority of |
| 343 | the board Board of Supervisors of the South Broward Drainage |
| 344 | District. |
| 345 | Section 2. Subsections (1), (2), (3), (4), (6), (7), (8), |
| 346 | (10), (11), (12), and (14) of section 10 of chapter 98-524, Laws |
| 347 | of Florida, as amended by chapter 2004-459, Laws of Florida, are |
| 348 | amended to read: |
| 349 | Section 10. Board of commissioners supervisors; election; |
| 350 | organization; terms of office; benefits; quorum; report and |
| 351 | minutes.-- |
| 352 | (1) The board of commissioners supervisors of the district |
| 353 | shall be the governing body of the district and shall exercise |
| 354 | the powers granted to the district under this act and under |
| 355 | chapter 298, Florida Statutes. The board shall consist of six |
| 356 | members, until the first meeting of the board following |
| 357 | certification of the November 2006 election, and seven members |
| 358 | who shall be known as commissioners thereafter. Except as |
| 359 | otherwise provided herein, each member shall hold office for a |
| 360 | term of 4 years and until his or her successor shall be chosen |
| 361 | and shall qualify. |
| 362 | (2) Beginning with the November 2004 election, A candidate |
| 363 | for the office of commissioner supervisor shall, at the time of |
| 364 | his or her qualification for office, be a qualified elector of |
| 365 | the South Broward Drainage District and shall qualify with the |
| 366 | county supervisor of elections in accordance with the Florida |
| 367 | Election Code and this act. To be a qualified candidate of the |
| 368 | South Broward Drainage District, he or she shall, at the time of |
| 369 | his or her qualification, have continuously resided within the |
| 370 | boundaries of the district and within the respective zone that |
| 371 | he or she may represent for the 60 days immediately preceding |
| 372 | his or her qualifying for office and until he or she is inducted |
| 373 | into office. Each commissioner supervisor shall reside within |
| 374 | the district and within the geographical zone he or she |
| 375 | represents during his or her entire term in office, but any |
| 376 | commissioner supervisor who has the boundaries of his or her |
| 377 | zone changed and because of said change no longer resides within |
| 378 | the zone he or she represents shall remain in office until the |
| 379 | normal expiration of his or her term. |
| 380 | (3) Notwithstanding any other provision of this act, the |
| 381 | persons who are members of the former board of supervisors of |
| 382 | the district in office when this act takes effect shall |
| 383 | constitute the members of the board of commissioners until the |
| 384 | next election for their seats. Those members of the board whose |
| 385 | terms expire in November 2008 June 2004 shall remain members of |
| 386 | the board and their terms shall be extended from June 2004 until |
| 387 | their successors are inducted into office at the first regularly |
| 388 | scheduled meeting of the board following certification of the |
| 389 | November 2008 2004 general election. Those members of the board |
| 390 | whose terms expire in November 2010 June 2006 shall remain |
| 391 | members of the board and their terms shall be extended from June |
| 392 | 2006 until their successors are inducted into office at the |
| 393 | first regularly scheduled meeting of the board following |
| 394 | certification of the November 2010 2006 general election. |
| 395 | (4) After the effective date of this act, Except as stated |
| 396 | herein, all commissioners supervisors shall be elected by the |
| 397 | qualified electors of the district on a nonpartisan basis. |
| 398 | Except as stated herein, the seven commissioners supervisors |
| 399 | shall be elected from seven single-member zones which shall be |
| 400 | identified as Zone 1, Zone 2, Zone 3, Zone 4, Zone 5, Zone 6, |
| 401 | and Zone 7. The commissioners supervisors shall be elected from |
| 402 | the registered voters of each respective zone. |
| 403 | (6) Commencing with the first regularly scheduled meeting |
| 404 | of the board following certification of the November 2006 |
| 405 | general election, Except as stated in this act, the board shall |
| 406 | be composed of seven members as follows: |
| 407 | (a) Three supervisors shall be elected In the general |
| 408 | election of November 2008 and in the November general election |
| 409 | of every 4th year thereafter, 2004. At the November 2004 general |
| 410 | election, one commissioner supervisor shall be elected from the |
| 411 | combined registered voters from Zone Zones 1 and 2, one |
| 412 | commissioner supervisor shall be elected from the combined |
| 413 | registered voters from Zone Zones 3 and 4, and one commissioner |
| 414 | supervisor shall be elected from the combined registered voters |
| 415 | from Zone Zones 5, 6, and 7. The commissioners supervisors |
| 416 | elected in November 2008 2004 shall serve until their terms |
| 417 | expire in November 2012 2008. |
| 418 | (b) In the general election of November 2010 2006, and in |
| 419 | the November general election of every fourth year thereafter, |
| 420 | one commissioner supervisor shall be elected from the zone in |
| 421 | which the supervisor elected in 2004 from Zones 1 and Zone 2 is |
| 422 | not a resident, one commissioner supervisor shall be elected |
| 423 | from the zone in which the supervisor elected in 2004 from Zones |
| 424 | 3 and Zone 4 is not a resident, and, one commissioner supervisor |
| 425 | shall be elected from each of the two zones in which the |
| 426 | supervisor elected in 2004 from Zones Zone 5, and one |
| 427 | commissioner shall be elected from Zone 7. The commissioners |
| 428 | elected in November 2010 shall serve until their terms expire in |
| 429 | November 2014, 6, and 7 is not a resident. |
| 430 | (c) In the general election of November 2008, the zones in |
| 431 | which the supervisors elected in 2004 reside and whose terms of |
| 432 | office expire in November 2008 shall be designated as the zones |
| 433 | whose representatives shall be elected in 2008 and in the |
| 434 | November general election of every fourth year thereafter. |
| 435 | (c)(d) If only one candidate qualifies for an office, that |
| 436 | candidate shall be deemed elected. If two or more candidates |
| 437 | qualify for an office, the names of those candidates shall be |
| 438 | placed on the ballot for the designated November general |
| 439 | election. |
| 440 | (d)(e) The candidate receiving the highest number of votes |
| 441 | cast for the office of commissioner supervisor for each |
| 442 | respective zone at each respective election shall be declared |
| 443 | elected to such office. If the vote results in a tie, the |
| 444 | outcome shall be determined by lot. |
| 445 | (e)(f) Commissioners Supervisors elected or reelected |
| 446 | shall be inducted into office at the first regularly scheduled |
| 447 | meeting of the board following certification of the election. |
| 448 | (7) Except as provided in this section, election of |
| 449 | commissioners supervisors shall be as provided in the Florida |
| 450 | Election Code and revisions thereto. |
| 451 | (8) The boundaries of Zones 1, 2, 3, 4, 5, 6, and 7 shall |
| 452 | be reviewed and revised by the board upon the occurrence of any |
| 453 | of the following events: |
| 454 | (a) Property is added to the district's geographical area |
| 455 | changes by 10 percent or more; |
| 456 | (b) The district's population changes by 10 percent or |
| 457 | more since the previous determination of the single-member zone |
| 458 | boundaries; |
| 459 | (c) Property is deleted from the district's geographical |
| 460 | area Any annexation, deannexation, or merger causes the |
| 461 | population of the district to increase or decrease by 5 percent |
| 462 | or more; or |
| 463 | (d) The passage of at least 10 years since the previous |
| 464 | review of the single-member zone boundaries. If the population |
| 465 | of the single-member zones meets the requirements of subsection |
| 466 | (9), the boundaries of the single-member zones may remain as |
| 467 | is;. |
| 468 | (e) The population of any one or more zones increases or |
| 469 | decreases by more than 10 percent since the previous boundary |
| 470 | revision; or |
| 471 | (f) Five of the seven commissioners approve a resolution |
| 472 | to revise the boundaries. |
| 473 | (10) Each commissioner supervisor, before entering upon |
| 474 | his or her official duties, shall take and subscribe to an oath |
| 475 | of office as prescribed in section s. 298.13, Florida Statutes. |
| 476 | (11) All commissioners supervisors shall hold office for |
| 477 | the terms for which they are elected or appointed and until |
| 478 | their successors shall be chosen and qualify. In case of a |
| 479 | vacancy in the office of any commissioner supervisor, the |
| 480 | remaining commissioner supervisor or commissioners supervisors, |
| 481 | even though less than a quorum, may fill such vacancy for the |
| 482 | unexpired term of the commissioner supervisor who vacated his or |
| 483 | her office. |
| 484 | (12) At the first meeting of the board following the |
| 485 | effective date of this act, certification of the general |
| 486 | election of November 2004 and at the first regularly scheduled |
| 487 | meeting of the board following certification of the general |
| 488 | election in the month of November of every even-numbered other |
| 489 | year thereafter, the board shall organize by electing from |
| 490 | choosing one of their members a chairperson, a vice chairperson, |
| 491 | president, a secretary, and a treasurer of the board. The |
| 492 | chairperson shall preside at all meetings. In the chairperson's |
| 493 | absence, the vice chairperson shall preside over the meeting and |
| 494 | have the same powers as the chairperson. In the absence of both |
| 495 | the chairperson and vice chairperson, the board members who are |
| 496 | present shall select a member of the board by majority vote of |
| 497 | those members present who shall preside over the meeting as |
| 498 | acting chairperson and have the same powers as the chairperson. |
| 499 | (14) Except as stated in sections 12 and 14, the |
| 500 | commissioners supervisors of the district shall not receive any |
| 501 | benefits, including, but not limited to, state or district |
| 502 | retirement, health insurance, medical insurance, dental |
| 503 | insurance, or life insurance. |
| 504 | Section 3. A certified copy of this act shall be recorded |
| 505 | in the Broward County Public Records by the South Broward |
| 506 | Drainage District. |
| 507 | Section 4. If any provision of this act or the application |
| 508 | thereof to any person or circumstance is held invalid, the |
| 509 | invalidity shall not affect other provisions or applications of |
| 510 | this act which can be given effect without the invalid provision |
| 511 | or application, and to this end the provisions of this act are |
| 512 | declared severable. |
| 513 | Section 5. This act shall take effect upon becoming a law. |