Florida Senate - 2013 (NP) SB 1774
By Senator Bullard
39-00931-13 20131774__
1 A bill to be entitled
2 An act relating to the Florida Keys Aqueduct
3 Authority, Monroe County; amending chapter 76-441,
4 Laws of Florida, as amended; providing that the
5 members of the board of directors of the authority
6 shall be elected rather than appointed; providing an
7 effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (1) of section 4 of chapter 76-441,
12 Laws of Florida, as amended by chapter 84-484, Laws of Florida,
13 is amended to read:
14 Section 4. Board of directors; organization;
15 qualifications; term of office; quorum; annual meeting, report,
16 and minutes.—
17 (1)(a) In order to qualify to have their names placed on
18 the ballot, candidates shall submit petitions with the
19 signatures of 3 percent of the total number of registered voters
20 in the district. Until December 31, 1984, the board of directors
21 of the Florida Keys Aqueduct Authority shall consist of the
22 members of the governing board of the South Florida Water
23 Management District which is authorized and empowered to
24 exercise those powers granted to the Florida Keys Aqueduct
25 Authority. The provisions of ss. 373.196-373.1962, Florida
26 Statutes shall not limit the exercise of the powers granted
27 hereunder. Within 30 days after the act becomes a law, the
28 Governor shall appoint a resident of Monroe County to serve as a
29 voting member of the Florida Keys Aqueduct Authority board of
30 directors, subject to all rights, privileges, duties and
31 responsibilities of other board members. Such member shall be in
32 addition to the nine regular members of the board of directors.
33 The board shall elect one of its members as chairman and shall
34 choose some suitable person as secretary-treasurer, who may or
35 may not be a member of the board, and who may be required to
36 execute a bond for the faithful performance of his duties as the
37 board may determine. A majority of the members of the board
38 shall constitute a quorum. No vacancy in the board shall impair
39 the right of a quorum to exercise all the rights and perform all
40 of the duties of the board. All members of the board shall be
41 required to be bonded. Beginning December 31, 1984, the board of
42 directors of the Florida Keys Aqueduct Authority shall be as
43 prescribed in paragraphs (b) and (c).
44 (b) The board of directors of the Florida Keys Aqueduct
45 Authority shall be the governing body of the authority and
46 shall, subject to the provisions of this act, exercise the
47 powers granted to the authority under this act. Beginning
48 December 31, 1984, the board of directors shall consist of nine
49 members: four members of the South Florida Water Management
50 District, appointed by the Governor as transition members of the
51 governing body of the authority, and five regular members who
52 shall each represent one of five districts which shall be
53 coterminous with the districts of the Board of County
54 Commissioners of Monroe County. Each regular member of the board
55 of directors shall be a registered elector within Monroe County
56 and shall have been a resident of the district for 6 months
57 before prior to the date of his or her election appointment. The
58 regular members shall be elected appointed by the Governor for
59 terms of 4 years each and the transition members shall be
60 appointed by the Governor for terms of one and one-half years
61 each, except that any appointment to fill a vacancy shall be for
62 the unexpired portion of the term. Of the regular members of the
63 board of directors who assume office on December 31, 1984, two
64 shall be appointed for a term of 2 years each and three shall be
65 appointed for a term of 4 years each. The board shall elect any
66 one of its members as chairperson chairman and shall also elect
67 any one of its members as secretary-treasurer. A majority of the
68 members of the board shall constitute a quorum. No vacancy in
69 the board shall impair the right of a quorum to exercise all the
70 rights and perform all of the duties of the board. All members
71 of the board shall be required to be bonded. Any vacancy
72 occurring on the board shall be filled by appointment by the
73 Governor for the duration of the unexpired term. The four
74 transition members shall be voting members of the board, subject
75 to all rights, privileges, duties and responsibilities of board
76 membership.
77 (c) Each board member in office on the effective date of
78 this act shall remain in office until the expiration of his or
79 her term, at which time the position shall be filled by a member
80 elected by the electors of Monroe County. Beginning July 1,
81 1986, the board of directors shall consist solely of the five
82 regular members appointed by the Governor as provided in
83 paragraph (b) of this subsection.
84 (d) A vacancy in the board occasioned by resignation,
85 removal, or otherwise shall be reported to the Governor, who
86 shall fill such vacancy by appointment. Any vacancy that is not
87 filled 30 days before the first day of the qualifying period for
88 the next general election shall be filled at that election by
89 electing a member to serve for the remainder of the term in
90 which such vacancy occurred. Any appointments made by the
91 Governor to fill vacancies shall hold office until the next
92 general election, and at such election, vacancies shall be
93 filled by the election of a member to serve for the remainder of
94 the term in which the vacancy occurred.
95 Section 2. This act shall take effect upon becoming a law.