Senate Bill sb3010

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    Florida Senate - 2007        (NP)                      SB 3010

    By Senator Rich





    34-2254-07                                         See HB 1533

  1                      A bill to be entitled

  2         An act relating to the South Broward Drainage

  3         District, Broward County; amending chapter

  4         98-524, Laws of Florida, as amended; providing

  5         for changing designation of supervisors to

  6         commissioners; deleting reference to landowner

  7         meetings; providing for notice and call of

  8         emergency meetings of the board; amending the

  9         amount for which advertisement for bids is

10         required for the procurement by the district of

11         contractual services and the purchase of goods,

12         supplies, and materials to comply with general

13         law; clarifying the terms of office for

14         commissioners; revising the events that will

15         result in a revision of the boundaries of the

16         commission zones; redesignating the office of

17         president of the board to chairperson of the

18         board; creating the office of vice chairperson

19         of the board; providing for a designation of

20         who shall preside at meetings of the board;

21         providing for election of officers of the

22         board; clarifying the commission zones that

23         will be up for election for 2008, 2010, and

24         subsequent years; revising inconsistent

25         provisions; providing severability; providing

26         an effective date.

27  

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

29  

30         Section 1.  Subsections (3) and (8) of section 9,

31  section 12, subsection (15) of section 13, sections 18, 20,

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    Florida Senate - 2007        (NP)                      SB 3010
    34-2254-07                                         See HB 1533




 1  23, and 39, subsection (1) of section 40, section 42,

 2  subsection (1) of section 47, subsections (1), (3), and (5) of

 3  section 50, subsection (1) of section 53, and section 67 of

 4  section 2 of chapter 98-524, Laws of Florida, are amended to

 5  read:

 6         Section 9.  Definitions.--

 7         (3)  "Board" means the board of commissioners

 8  supervisors of the South Broward Drainage District, or, if

 9  such district shall be abolished, the board, body, or

10  commission succeeding to the principal functions thereof or to

11  whom the powers given by this act to the board of

12  commissioners supervisors shall be given by law.

13         (8)  "Project" means any development, improvement,

14  property, utility, facility, works, road, enterprise, service,

15  or convenience, now existing or hereafter undertaken or

16  established, that under the provisions of this act or under

17  chapter 298, Florida Statutes, the district is authorized to

18  construct, acquire, undertake, and furnish for its own use or

19  for the use of any other person, firm, or corporation, owning,

20  leasing, or otherwise using the same, for any purpose or

21  activity, and shall include, without limitation, such repairs,

22  replacements, additions, extensions, and betterments to any

23  project as may be deemed necessary or desirable by the board

24  of commissioners supervisors to place or to maintain such

25  project in proper condition for the same, efficient, and

26  economic operation thereof.

27         Section 12.  Compensation of board.--Each commissioner

28  supervisor shall be entitled to receive for his or her

29  services an amount approved by resolution of the board not to

30  exceed $400.00 per month. In addition, each commissioner

31  supervisor shall receive reasonable travel expenses for

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    Florida Senate - 2007        (NP)                      SB 3010
    34-2254-07                                         See HB 1533




 1  attending the place of meeting from his or her residence.

 2  Unless the board by resolution otherwise provides, such travel

 3  expenses shall not be in excess of the amounts provided by law

 4  for state and county officials.

 5         Section 13.  Powers.--The district shall have, and the

 6  board may exercise, any or all of the following powers:

 7         (15)  To employ engineers, attorneys, agents,

 8  employees, and representatives as the board of supervisors may

 9  from time to time determine necessary and to fix their

10  compensation and duties.

11         Section 18.  Fiscal year.--The board of supervisors, by

12  resolution, shall establish the fiscal year for the district.

13         Section 20.  Notice and call of board meetings of

14  landowners; quorum; adjournments; representation at meetings;

15  taking action without meeting.--

16         (1)  The board shall publish notice of all meetings of

17  the board at least 7 days landowners once a week for 2

18  consecutive weeks prior to such meeting in a newspaper of

19  general circulation in Broward County. Meetings of the board

20  landowners shall be held in a public place, or any other place

21  made available for the purpose of such meeting, in Broward

22  County, and the place, date, and hour of holding such meeting

23  and the purpose thereof shall be stated in the notice. Those

24  landowners present in person or by proxy shall constitute a

25  quorum at any meeting of the landowners.

26         (2)  The board may call special meetings of the

27  landowners at any time to receive reports of the board or for

28  such other purpose as the board may determine. In the event of

29  an emergency as determined by the district director, the

30  chairperson, or the vice chairperson of the board which

31  requires immediate board action, such notice as is reasonable

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    Florida Senate - 2007        (NP)                      SB 3010
    34-2254-07                                         See HB 1533




 1  under the circumstances shall be provided. A special meeting

 2  of the landowners may also be called at any time upon notice

 3  as provided in this section at the written request of the

 4  owners of not less than 25 percent in acreage of the land

 5  within the district for the purpose of taking any lawful

 6  action by the landowners of the district. Such special meeting

 7  shall be called by any court of competent jurisdiction in the

 8  event that the board fails to do so upon request as provided

 9  in this section. Except as otherwise provided in Section 10

10  with respect to the election of supervisors, action taken at a

11  meeting of the landowners shall be by affirmative vote of the

12  owners of a majority of the acreage represented at such

13  meeting.

14         (3)  At any meeting of the landowners, guardians may

15  represent their wards; executors and administrators may

16  represent the estate of deceased persons; trustees may

17  represent lands held by them in trust; and private

18  corporations may be represented by their duly authorized

19  proxy. All landowners, including guardians, executors,

20  administrators, trustees, and corporations, may be represented

21  and vote by proxy.

22         (4)  Any action required or that may be taken at a

23  meeting of the landowners may be taken without a meeting or

24  notice of meeting being given upon the written consent of all

25  of the landowners.

26         Section 23.  Assessing land for reclamation;

27  apportionment of tax; drainage tax record.--The board shall,

28  without any unnecessary delay, levy a tax of such portion of

29  benefits of the district's plan of reclamation on all lands in

30  the district to which benefits have been assessed, as may be

31  found necessary by the board of supervisors to pay the costs

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    Florida Senate - 2007        (NP)                      SB 3010
    34-2254-07                                         See HB 1533




 1  of the completion of the proposed works and improvements, as

 2  shown in said plan of reclamation and in carrying out the

 3  objects of said district; and, in addition thereto, 10 percent

 4  of said total amount for emergencies. The said tax shall be

 5  apportioned to, and levied on, each tract of land in said

 6  district in proportion to the benefits assessed, and not in

 7  excess thereof; and in case bonds are issued, as provided in

 8  this act, a tax shall be levied in a sum not less than an

 9  amount 90 percent of which shall be equal to the principal of

10  said bonds. The amount of bonds to be issued for paying the

11  cost of the works as set forth in the plan of reclamation

12  shall be ascertained and determined by the board; however, the

13  total amount of all bonds to be issued by the district shall

14  in no case exceed 90 percent of the benefits assessed upon the

15  lands of the district. The amount of the interest, as

16  estimated by said board, which will accrue on such bonds,

17  shall be included and added to the said tax, but the interest

18  to accrue on account of the issuing of said bonds shall not be

19  construed as a part of the costs of construction in

20  determining whether or not the expenses and costs of making

21  said improvements are equal to, or in excess of, the benefits

22  assessed. The secretary of the board of supervisors, or the

23  director, as soon as said total tax is levied, shall, at the

24  expense of the district, prepare a list of all taxies levied,

25  in the form of a well bound book, which book shall be endorsed

26  and named "DRAINAGE TAX RECORD OF SOUTH BROWARD DRAINAGE

27  DISTRICT, BROWARD COUNTY, FLORIDA", which endorsement shall be

28  printed or written at the top of each page in said book, and

29  shall be signed and certified by the chairperson president and

30  secretary of the board, attested by affixing the seal of the

31  district, and the same shall thereafter become a permanent

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    Florida Senate - 2007        (NP)                      SB 3010
    34-2254-07                                         See HB 1533




 1  record in the office of said secretary or director. In the

 2  alternative, so long as the Broward County property appraiser

 3  or revenue collector assesses and collects the taxes and

 4  assessments authorized by this section, the records of the

 5  Broward County property appraiser shall satisfy the

 6  requirements of the drainage tax record of the district.

 7         Section 39.  Pledge by the state to the bondholders of

 8  the district and to the Federal Government.--The state pledges

 9  to the holders of any bonds issued under this act that it will

10  not limit or alter the rights of the district to own, acquire,

11  construct, reconstruct, improve, maintain, operate, or furnish

12  the projects or to levy and collect the taxes, assessments,

13  rentals, rates, fees, tolls, fares, and other charges provided

14  for herein and to fulfill the terms of any agreement made with

15  the holders of such bonds or other obligations, that it will

16  not in any way impair the rights or remedies of the holders,

17  and that it will not modify in any way the exemption from

18  taxation provided in the act, until all such bonds together

19  with interest thereon, and all costs and expenses in

20  connection with any action or proceeding by or on behalf of

21  such holders, are fully met and discharged. The state pledges

22  to and agrees with the Federal Government that in the event

23  the Federal Government or any agency or authority thereof

24  shall construct or contribute any funds, materials, or

25  property for the construction, acquisition, extension,

26  improvement, enlargement, maintenance, operation, or

27  furnishing of any of the projects of the district, or any part

28  thereof, the state will not alter or limit the rights and

29  powers of the district in any manner which would be

30  inconsistent with the continued maintenance and operation of

31  such project, or any part thereof, or the improvement thereof,

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    Florida Senate - 2007        (NP)                      SB 3010
    34-2254-07                                         See HB 1533




 1  or which would be inconsistent with the due performance of any

 2  agreements between the district and the Federal Government,

 3  and the district shall continue to have and may exercise all

 4  powers herein granted so long as the board of supervisors may

 5  deem the same necessary or desirable for the carrying out of

 6  the purposes of this act and the purposes of the Federal

 7  Government in the construction, acquisition, extension,

 8  improvement, enlargement, maintenance, operation, or

 9  furnishing of any of the projects of the district, or any part

10  thereof.

11         Section 40.  Annual installment taxes.--

12         (1)  The board shall annually determine, order and levy

13  the annual installment of the total taxes which are levied

14  under section 23 or under section s. 298.36, Florida Statutes,

15  which shall be due and be collected during each year that

16  county taxes are due and collected and said annual installment

17  and levy shall be evidenced to and certified by the board of

18  supervisors each year to the Broward County Property

19  Appraiser. Said tax shall be entered by the county property

20  appraiser on the county tax rolls and shall be collected by

21  the Broward County revenue collector in the same manner and

22  same time as county taxes and the proceeds thereof paid to the

23  district. The tax shall be a lien until paid on the property

24  against which assessed and enforceable in like manner as

25  county taxes.

26         Section 42.  Maintenance tax.--To maintain and preserve

27  the drainage improvements of the district, a maintenance tax

28  shall be evidenced to and certified by the board of

29  supervisors each year to the property appraiser and shall be

30  entered by the property appraiser on the county tax rolls and

31  shall, be collected by the revenue collector in the same

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    Florida Senate - 2007        (NP)                      SB 3010
    34-2254-07                                         See HB 1533




 1  manner and time as county taxes and the proceeds therefrom

 2  paid to the district. The tax shall be a lien until paid on

 3  the property against which assessed and enforceable in like

 4  manner as county taxes. The amount of said maintenance tax

 5  shall be determined by the board based upon a report of the

 6  chief engineer or director and assessed by the board upon such

 7  lands, which may be all of the lands within the district,

 8  benefited by the maintenance thereof.

 9         Section 47.  Foreclosure of liens.--

10         (1)  Any lien in favor of the district arising under

11  chapter 298, Florida Statutes, or under this act may be

12  foreclosed by the district by bringing foreclosure proceedings

13  in the name of the district in the circuit court in like

14  manner as is provided in chapter 173, Florida Statutes, and

15  amendments thereto, and the provisions of the chapter shall be

16  applicable to such proceedings with the same force and effect

17  as if the provisions were expressly set forth in this act. Any

18  act required or authorized to be done by or on behalf of a

19  city or town in foreclosure proceedings under chapter 173,

20  Florida Statutes, may be performed by such officer or agent of

21  the district as the board of supervisors may designate. Such

22  foreclosure proceedings may be brought at any time after the

23  expiration of 1 year from the date any tax, or installment

24  thereof, becomes delinquent.

25         Section 50.  Unit development; powers of board of

26  supervisors to designate units of district and adopt system of

27  progressive drainage by units; plans of reclamation and

28  financing assessments for each unit; amendment of unit plan.--

29         (1)  The board of supervisors of the district is

30  authorized in its discretion to drain and reclaim and place

31  under water control or more completely and intensively to

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    Florida Senate - 2007        (NP)                      SB 3010
    34-2254-07                                         See HB 1533




 1  drain and reclaim and place under water control the lands in

 2  the district by designated areas or parts of the district to

 3  be called "units". The units into which the district may be so

 4  divided shall be given appropriate numbers or names by the

 5  board, so that the units may be readily identified and

 6  distinguished. The board shall have the power to fix and

 7  determine the location, area, and boundaries of lands to be

 8  included in each and all such units, the order of development

 9  thereof, and the method of carrying on the work in each unit.

10  The unit system of drainage provided by this section may be

11  conducted and all of the proceedings by this section and this

12  act authorized in respect to such unit or units may be carried

13  on and conducted at the same time as or after the work of

14  draining and reclaiming of the entire district has been or is

15  being or shall be instituted or carried on under the

16  provisions of this act or under chapter 298, Florida Statutes,

17  or both.

18         (3)  As soon as practicable after the adoption of such

19  resolution, the board shall publish notice once a week for 2

20  consecutive weeks in a newspaper or newspapers published and

21  of general circulation in Broward County, briefly describing

22  the units into which the district has been divided and the

23  lands embraced in each unit, giving the name, number or other

24  designation of such units, requiring all owners of lands in

25  the district to show cause in writing before the board at a

26  time and place to be stated in such notice why such division

27  of the district into such units should not be approved, and

28  the system of development by units should not be adopted and

29  given effect by the board, and why the proceedings and powers

30  authorized by this section should not be had, taken and

31  exercised. At the time and place stated in the notice, the

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    Florida Senate - 2007        (NP)                      SB 3010
    34-2254-07                                         See HB 1533




 1  board of supervisors shall hear all objections or causes of

 2  objection, all of which shall be in writing, of any landowner

 3  in the district who may appear in person or by attorney, to

 4  the matters mentioned and referred to in such notice, and, if

 5  no objections are made, or if objections are made and

 6  overruled by the board, then the board shall enter in its

 7  minutes its finding and order confirming the resolution, and

 8  may thereafter proceed with the development, drainage, and

 9  reclamation of the district by units pursuant to such

10  resolution and to the provisions of this act. The failure to

11  make objections as provided in this subsection shall

12  constitute a waiver of such objection, and, if any objection

13  shall be made and overruled or otherwise not sustained,

14  confirmation of the resolution shall be the final adjudication

15  of the issues presented unless a judicial proceeding is

16  initiated within 10 days after such ruling.

17         (5)  When the resolutions creating the unit system

18  shall be confirmed by the board, or by the circuit court, if

19  such proposed action shall be challenged by a landowner by the

20  judicial proceedings authorized in this section, the board may

21  adopt a plan or plans of reclamation for and in respect to any

22  or all such units, and to have the benefits and damages

23  resulting therefrom assessed and apportioned in like manner as

24  is provided by chapter 298, Florida Statutes, in regard to

25  plans of reclamation for the assessments of benefits and

26  damages of the entire district, or in like manner as is

27  provided for in this act for the assessments of benefits. The

28  board shall have the same powers in respect to each and all of

29  such units as is vested in them with respect to the entire

30  district. All the provisions of this act shall apply to the

31  drainage, reclamation, and improvement of each, any, and all

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    Florida Senate - 2007        (NP)                      SB 3010
    34-2254-07                                         See HB 1533




 1  such units, and the enumeration of or reference to specific

 2  powers or duties of the commissioners supervisors or any other

 3  officers or other matters in this act, as set forth in this

 4  act, shall not limit or restrict the application of any and

 5  all of the proceedings and powers herein to the drainage and

 6  reclamation of such units as fully and completely as if such

 7  unit or units were specifically and expressly named in every

 8  section and clause of this act  where the entire district is

 9  mentioned or referred to. Unless the board by resolution

10  otherwise provides, all assessments, levies, taxes, bonds, and

11  other obligations made, levied, assessed, or issued for or in

12  respect to any such unit or units shall be a lien and charge

13  solely and only upon the lands in such unit or units,

14  respectively, for the benefit of which the same shall be

15  levied, made, or issued, and not upon the remaining units or

16  lands in the district.

17         Section 53.  Procurement of contractual services and

18  purchase of goods, supplies, and materials.--

19         (1)  All contracts let by the board for professional

20  architectural, engineering, landscape architectural, or land

21  surveying and mapping services for any project authorized by

22  this act shall be in compliance with section s. 287.055,

23  Florida Statutes, as amended. Except as stated herein and as

24  provided by section s. 287.055, Florida Statutes, as amended,

25  no contract shall be let by the board for the construction or

26  maintenance of any improvements authorized under this act, nor

27  shall any goods, supplies, or materials be purchased, when the

28  amount thereof to be paid by the district shall exceed the

29  threshold amount provided in section 287.017(1), Florida

30  Statutes, for category two $10,000, unless notice of bids

31  shall be advertised once a week for 2 consecutive weeks in a

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    Florida Senate - 2007        (NP)                      SB 3010
    34-2254-07                                         See HB 1533




 1  newspaper in general circulation in Broward County, and in

 2  each case the bid of the lowest responsible bidder shall be

 3  accepted, unless all bids are rejected because the bids are

 4  too high.  The board may require the bidders to furnish bond

 5  with responsible surety to be approved by the board.  Nothing

 6  in this section shall prevent the board from undertaking and

 7  performing the construction, operation, and maintenance of any

 8  project, facility, or improvements authorized under this act

 9  by the employment of labor, material, and machinery.

10         Section 67.  Bailey Drainage District's contracts and

11  agreements to be approved by South Broward Drainage

12  District.--Beginning on March 12, 1992, no contracts or

13  agreements entered into by the Bailey Drainage District which

14  contain obligations of Bailey Drainage District that are not

15  provided for in the Bailey Drainage District budget for fiscal

16  year 1991-1992 shall be valid unless approved by a majority of

17  the board Board of Supervisors of the South Broward Drainage

18  District.

19         Section 2.  Subsections (1), (2), (3), (4), (6), (7),

20  (8), (10), (11), (12), and (14) of section 10 of chapter

21  98-524, Laws of Florida, as amended by chapter 2004-459, Laws

22  of Florida, are amended to read:

23         Section 10.  Board of commissioners supervisors;

24  election; organization; terms of office; benefits; quorum;

25  report and minutes.--

26         (1)  The board of commissioners supervisors of the

27  district shall be the governing body of the district and shall

28  exercise the powers granted to the district under this act and

29  under chapter 298, Florida Statutes. The board shall consist

30  of six members, until the first meeting of the board following

31  certification of the November 2006 election, and seven members

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    Florida Senate - 2007        (NP)                      SB 3010
    34-2254-07                                         See HB 1533




 1  who shall be known as commissioners thereafter. Except as

 2  otherwise provided herein, each member shall hold office for a

 3  term of 4 years and until his or her successor shall be chosen

 4  and shall qualify.

 5         (2)  Beginning with the November 2004 election, A

 6  candidate for the office of commissioner supervisor shall, at

 7  the time of his or her qualification for office, be a

 8  qualified elector of the South Broward Drainage District and

 9  shall qualify with the county supervisor of elections in

10  accordance with the Florida Election Code and this act. To be

11  a qualified candidate of the South Broward Drainage District,

12  he or she shall, at the time of his or her qualification, have

13  continuously resided within the boundaries of the district and

14  within the respective zone that he or she may represent for

15  the 60 days immediately preceding his or her qualifying for

16  office and until he or she is inducted into office. Each

17  commissioner supervisor shall reside within the district and

18  within the geographical zone he or she represents during his

19  or her entire term in office, but any commissioner supervisor

20  who has the boundaries of his or her zone changed and because

21  of said change no longer resides within the zone he or she

22  represents shall remain in office until the normal expiration

23  of his or her term.

24         (3)  Notwithstanding any other provision of this act,

25  the persons who are members of the former board of supervisors

26  of the district in office when this act takes effect shall

27  constitute the members of the board of commissioners until the

28  next election for their seats. Those members of the board

29  whose terms expire in November 2008 June 2004 shall remain

30  members of the board and their terms shall be extended from

31  June 2004 until their successors are inducted into office at

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    Florida Senate - 2007        (NP)                      SB 3010
    34-2254-07                                         See HB 1533




 1  the first regularly scheduled meeting of the board following

 2  certification of the November 2008 2004 general election.

 3  Those members of the board whose terms expire in November 2010

 4  June 2006 shall remain members of the board and their terms

 5  shall be extended from June 2006 until their successors are

 6  inducted into office at the first regularly scheduled meeting

 7  of the board following certification of the November 2010 2006

 8  general election.

 9         (4)  After the effective date of this act, Except as

10  stated herein, all commissioners supervisors shall be elected

11  by the qualified electors of the district on a nonpartisan

12  basis. Except as stated herein, the seven commissioners

13  supervisors shall be elected from seven single-member zones

14  which shall be identified as Zone 1, Zone 2, Zone 3, Zone 4,

15  Zone 5, Zone 6, and Zone 7. The commissioners supervisors

16  shall be elected from the registered voters of each respective

17  zone.

18         (6)  Commencing with the first regularly scheduled

19  meeting of the board following certification of the November

20  2006 general election, Except as stated in this act, the board

21  shall be composed of seven members as follows:

22         (a)  Three supervisors shall be elected In the general

23  election of November 2008 and in the November general election

24  of every 4th year thereafter, 2004. At the November 2004

25  general election, one commissioner supervisor shall be elected

26  from the combined registered voters from Zone Zones 1 and 2,

27  one commissioner supervisor shall be elected from the combined

28  registered voters from Zone Zones 3 and 4, and one

29  commissioner supervisor shall be elected from the combined

30  registered voters from Zone Zones 5, 6, and 7. The

31  

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    Florida Senate - 2007        (NP)                      SB 3010
    34-2254-07                                         See HB 1533




 1  commissioners supervisors elected in November 2008 2004 shall

 2  serve until their terms expire in November 2012 2008.

 3         (b)  In the general election of November 2010 2006, and

 4  in the November general election of every fourth year

 5  thereafter, one commissioner supervisor shall be elected from

 6  the zone in which the supervisor elected in 2004 from Zones 1

 7  and Zone 2 is not a resident, one commissioner supervisor

 8  shall be elected from the zone in which the supervisor elected

 9  in 2004 from Zones 3 and Zone 4 is not a resident, and, one

10  commissioner supervisor shall be elected from each of the two

11  zones in which the supervisor elected in 2004 from Zones Zone

12  5, and one commissioner shall be elected from Zone 7. The

13  commissioners elected in November 2010 shall serve until their

14  terms expire in November 2014, 6, and 7 is not a resident.

15         (c)  In the general election of November 2008, the

16  zones in which the supervisors elected in 2004 reside and

17  whose terms of office expire in November 2008 shall be

18  designated as the zones whose representatives shall be elected

19  in 2008 and in the November general election of every fourth

20  year thereafter.

21         (c)(d)  If only one candidate qualifies for an office,

22  that candidate shall be deemed elected. If two or more

23  candidates qualify for an office, the names of those

24  candidates shall be placed on the ballot for the designated

25  November general election.

26         (d)(e)  The candidate receiving the highest number of

27  votes cast for the office of commissioner supervisor for each

28  respective zone at each respective election shall be declared

29  elected to such office. If the vote results in a tie, the

30  outcome shall be determined by lot.

31  

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    Florida Senate - 2007        (NP)                      SB 3010
    34-2254-07                                         See HB 1533




 1         (e)(f)  Commissioners Supervisors elected or reelected

 2  shall be inducted into office at the first regularly scheduled

 3  meeting of the board following certification of the election.

 4         (7)  Except as provided in this section, election of

 5  commissioners supervisors shall be as provided in the Florida

 6  Election Code and revisions thereto.

 7         (8)  The boundaries of Zones 1, 2, 3, 4, 5, 6, and 7

 8  shall be reviewed and revised by the board upon the occurrence

 9  of any of the following events:

10         (a)  Property is added to the district's geographical

11  area changes by 10 percent or more;

12         (b)  The district's population changes by 10 percent or

13  more since the previous determination of the single-member

14  zone boundaries;

15         (c)  Property is deleted from the district's

16  geographical area Any annexation, deannexation, or merger

17  causes the population of the district to increase or decrease

18  by 5 percent or more; or

19         (d)  The passage of at least 10 years since the

20  previous review of the single-member zone boundaries. If the

21  population of the single-member zones meets the requirements

22  of subsection (9), the boundaries of the single-member zones

23  may remain as is;.

24         (e)  The population of any one or more zones increases

25  or decreases by more than 10 percent since the previous

26  boundary revision; or

27         (f)  Five of the seven commissioners approve a

28  resolution to revise the boundaries.

29         (10)  Each commissioner supervisor, before entering

30  upon his or her official duties, shall take and subscribe to

31  

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    Florida Senate - 2007        (NP)                      SB 3010
    34-2254-07                                         See HB 1533




 1  an oath of office as prescribed in section s. 298.13, Florida

 2  Statutes.

 3         (11)  All commissioners supervisors shall hold office

 4  for the terms for which they are elected or appointed and

 5  until their successors shall be chosen and qualify. In case of

 6  a vacancy in the office of any commissioner supervisor, the

 7  remaining commissioner supervisor or commissioners

 8  supervisors, even though less than a quorum, may fill such

 9  vacancy for the unexpired term of the commissioner supervisor

10  who vacated his or her office.

11         (12)  At the first meeting of the board following the

12  effective date of this act, certification of the general

13  election of November 2004 and at the first regularly scheduled

14  meeting of the board following certification of the general

15  election in the month of November of every even-numbered other

16  year thereafter, the board shall organize by electing from

17  choosing one of their members a chairperson, a vice

18  chairperson, president, a secretary, and a treasurer of the

19  board. The chairperson shall preside at all meetings. In the

20  chairperson's absence, the vice chairperson shall preside over

21  the meeting and have the same powers as the chairperson. In

22  the absence of both the chairperson and vice chairperson, the

23  board members who are present shall select a member of the

24  board by majority vote of those members present who shall

25  preside over the meeting as acting chairperson and have the

26  same powers as the chairperson.

27         (14)  Except as stated in sections 12 and 14, the

28  commissioners supervisors of the district shall not receive

29  any benefits, including, but not limited to, state or district

30  retirement, health insurance, medical insurance, dental

31  insurance, or life insurance.

                                  17

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    Florida Senate - 2007        (NP)                      SB 3010
    34-2254-07                                         See HB 1533




 1         Section 3.  A certified copy of this act shall be

 2  recorded in the Broward County Public Records by the South

 3  Broward Drainage District.

 4         Section 4.  If any provision of this act or the

 5  application thereof to any person or circumstance is held

 6  invalid, the invalidity shall not affect other provisions or

 7  applications of this act which can be given effect without the

 8  invalid provision or application, and to this end the

 9  provisions of this act are declared severable.

10         Section 5.  This act shall take effect upon becoming a

11  law.

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

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31  

                                  18

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