_h0759__
HB 759

1
A bill to be entitled
2An act relating to the Northern Palm Beach County
3Improvement District, Palm Beach County; amending chapter
42000-467, Laws of Florida, as amended; revising procedures
5for the election of members of the district's board of
6supervisors; updating obsolete language; revising
7application of the definition of "electors"; revising
8board member qualification and residency requirements;
9excluding certain lands from those lands for which a
10landowner is entitled to a vote at a meeting of
11landowners; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Sections 4 and 6 of section 3 of chapter 2000-
16467, Laws of Florida, as amended by chapters 2005-302 and 2006-
17330, Laws of Florida, are amended to read:
18     Section 4.  Board of Supervisors; election, organization,
19powers, duties, and terms of office.-
20     (A)  There is hereby herby created a Board of Supervisors
21of Northern Palm Beach County Improvement District, which shall
22be the governing body of said District.
23     (B)  Said Board of Supervisors shall consist of five
24persons, who, except as herein otherwise provided, shall hold
25office for the term of 4 years and until their successors shall
26be duly elected and qualified.
27     (C)  The first Board of Supervisors of the District shall
28be composed of five persons, two of whom shall hold office for 4
29years from June 1, 1959, two of whom shall hold office for 3
30years from June 1, 1959, and one of whom shall hold office for 2
31years from June 1, 1959. Within 30 days after this Act becomes a
32law, the Clerk of the Circuit Court of Palm Beach County shall
33call a special meeting of landowners of Northern Palm Beach
34County Improvement District for the purpose of electing the
35first Board of Supervisors for Northern Palm Beach County
36Improvement District as herein provided. Notice of such special
37meeting of landowners shall be given by the Clerk of the Circuit
38Court of Palm Beach County by causing publication thereof to be
39made once a week for 2 consecutive weeks prior to such meeting
40in some newspaper published in Palm Beach County. Such special
41meeting of landowners shall be held in some public place in Palm
42Beach County, and the place, date, and hour of holding such
43meeting and the purpose thereof shall be stated in the notice.
44The landowners when assembled shall organize by electing a Chair
45who shall preside at the meeting and a Secretary thereof. At
46such meeting, each and every acre, or any fraction thereof, of
47land in the District shall represent one share and each owner
48shall be entitled to one vote by person or by written proxy for
49every acre of land, or any fraction thereof, owned by him or her
50in the District. The landowners shall first vote for the
51Supervisors who are to hold office for the term of 4 years as
52herein provided, and the persons receiving the highest number of
53votes for such Supervisors shall be declared and elected as such
54Supervisors. Said landowners land owners shall next vote for the
55Supervisors who are to hold office for the term of 3 years as
56provided herein, and the persons receiving the highest number of
57votes for such Supervisors shall be declared and elected as such
58Supervisors. Said landowners shall next vote for the Supervisor
59who is to hold office for the term of 2 years as herein
60provided, and the person receiving the highest number of votes
61for such Supervisor shall be declared and elected as such
62Supervisor.
63     (D)  In 2005 Upon the effective date of this act, the
64following procedures were made applicable shall apply to the
65election of members, including appointees, to the Board of
66Supervisors of the District:
67     (1)  The terms of two board members that expired which
68expire in 2005 were shall be extended until the date of the
69general election in 2006. The seats were shall be numbered seats
701 and 2, respectively. Seat 1 has shall be filled for a term of
714 years and is filled pursuant to section 6(A) of this Act. Seat
722 was shall be converted to a nonpartisan elected position board
73member as defined in by chapter 97 105, Florida Statutes.
74Candidates for seat 2 this position shall qualify with the Palm
75Beach County Supervisor of Elections pursuant to chapter 105,
76Florida Statutes, and are shall be elected for a term of 4 years
77by a plurality of the District electors within the District's
78jurisdictional boundary who vote voting in said election. As
79used in this Act, "electors" means shall mean registered voters
80as defined in by section 97.041, Florida Statutes. The board
81members elected to seats 1 and 2 shall each take office within
8210 days after of election, and each shall serve until expiration
83of his or her their term, until his or her resignation or,
84removal, or until the election of a new board member for that
85position.
86     (2)  The term of the board member that was to expire which
87expires in 2006 was shall be extended until the date of the
88general election in 2006. The seat was shall be numbered seat 3
89and has. Seat 3 shall be filled for a term of 4 years as
90prescribed by section 6(A) of this Act. The board member elected
91to seat 3 shall take office within 10 days after of election and
92shall serve until expiration of his or her term, until his or
93her resignation or, removal, or until the election of a new
94board member for that position.
95     (3)  The terms of the two board members that were to expire
96in 2007 were shall be extended until the date of the general
97election in 2008. The seats were shall be numbered seats 4 and
985, respectively. Seat 4 was shall be filled for a term of 4
99years as prescribed by section 6(A) of this Act. Seat 5 was
100shall be converted to a nonpartisan elected position board
101member as defined in by chapter 97 105, Florida Statutes.
102Candidates for seat 5 this position shall qualify with the Palm
103Beach County Supervisor of Elections pursuant to chapter 105,
104Florida Statutes, and are shall be elected for a term of 4 years
105by a plurality of the District electors within the District's
106jurisdictional boundary who vote voting in said election.
107"Electors" shall mean registered voters as defined by section
10897.041, Florida Statutes. The board members elected to seats 4
109and 5 shall each take office within 10 days after of election,
110and each shall serve until expiration of his or her their term,
111until his or her resignation or, removal, or until the election
112of a new board member for that position.
113     (E)  Beginning with the general election in 2006, Board of
114Supervisor qualifications shall be:
115     (1)  the two members of the board elected to seats 2 and 5
116by electors within the District's jurisdictional boundary must
117shall be residents of the District and electors of the District
118as defined by section 3(D)(1) of this act.
119     (F)  Starting with the general election in 2006 and until
120the day immediately preceding commencement of the qualifying
121period for the general election in 2012, the One board member
122elected to seat 5 must shall be a resident whose residence is
123located north of PGA Boulevard, and the one board member elected
124to seat 2 must shall be a resident whose residence is located
125south of PGA Boulevard. For candidates who reside within the
126District and west of the current terminus of PGA Boulevard at
127the Beeline Highway or east of the terminus of PGA Boulevard at
128U.S. Highway 1, residency location shall be determined by
129extending the center line of PGA Boulevard at the applicable
130point of terminus due west to Lake Okeechobee and due east to
131the Atlantic Ocean. The residency qualification provisions in
132this subsection shall expire upon commencement of the qualifying
133period for the general election in 2012.
134     (G)  Beginning with the landowner election in 2010, any
135member of the board elected pursuant to section 6(A) of this Act
136must be a resident of the State of Florida and either be a
137resident of Palm Beach County or own, or have a beneficial
138interest in an entity that owns, real property within the
139District. Any member who fails to maintain such residency or
140ownership requirements shall notify the district within 10 days
141after such loss of residency or ownership interest. Failure to
142cure the qualification deficiency within 30 days after the
143deadline for provision of such notice shall create an automatic
144vacancy for that member's seat.
145     (H)  Commencing with the qualifying period for the general
146election in 2012, the qualification and election procedures for
147seats 2, 3, 4, and 5 shall be as follows:
148     (1)  Beginning with the general election in 2012, seat 4
149shall be converted to a nonpartisan elected position.
150     (2)  Members elected to seats 4 and 5 must be residents of
151the District, must own, or have a beneficial interest in an
152entity that owns, real property within the District, and must be
153electors of the District.
154     (3)  Beginning with the general election in 2014, seat 3
155shall be converted to a nonpartisan elected position.
156     (4)  Members elected to seats 2 and 3 must be residents of
157the District, must own, or have a beneficial interest in an
158entity that owns, real property within the District, and must be
159electors of the District.
160     (5)  Candidates seeking election to seats 4 and 5 in 2012
161and seats 2 and 3 in 2014 shall qualify with the Palm Beach
162County Supervisor of Elections pursuant to chapter 105, Florida
163Statutes, and shall be elected for a term of 4 years by a
164plurality of the electors within the jurisdictional boundary of
165the District who vote in their respective general elections.
166     (6)  Each nonpartisan elected board member shall take
167office within 10 days after election and shall serve until
168expiration of his or her term, until his or her resignation or
169removal, or until the election of a new board member for that
170position.
171     (I)  Candidates who do not collect campaign funds are not
172obligated to appoint a campaign treasurer or establish a
173depository pursuant to section 106.021, Florida Statutes.
174     (J)  Any board member holding a nonpartisan elected seat
175who fails to maintain his or her seat's qualifying or residency
176requirements shall notify the District within 10 days after such
177failure. A member's failure to reestablish such qualifying or
178residency requirements within 30 days after the deadline for
179provision of such notice shall create an automatic vacancy for
180that member's seat.
181     (K)  For purposes of this Act, residency shall be
182determined by the location at which the candidate or member then
183permanently resides and presently intends to continue to
184permanently reside. In the event any board member who is elected
185by the electors fails to maintain residency within the District,
186the member shall notify the District within 10 days of his or
187her loss of residency. Failure to reestablish residency within
18830 days of its loss will create an automatic vacancy for that
189Board of Supervisors position.
190     (2)  The three members of the board elected pursuant to
191section 6(A) of this act shall be residents of the State of
192Florida. The board member who is elected to seat 3 shall be a
193resident of the District or own property within the District.
194Failure to maintain residency or land ownership requirements as
195stated herein requires notification of the District within 10
196days of loss of residency or land ownership. Failure to cure the
197qualification deficiency within 30 days of notice will create an
198automatic vacancy.
199     (3)  Candidates who do not collect campaign funds shall not
200be obligated to appoint a campaign treasurer or establish a
201depository pursuant to section 106.021, Florida Statutes.
202     (L)(F)  In the event of any vacancy on the board, an a
203qualified individual who satisfies that seat's then applicable
204qualifying and residency requirements shall be selected and
205appointed by a simple majority vote of the remaining members of
206the board. The appointee shall serve until the next general
207election if the seat is filled by electors or until the next
208annual landowners' meeting if the seat is filled pursuant to
209section 6(A) of this Act, at which time. At that election, the
210position shall either be open for election for either a full
211term or the remainder of the vacated seat's term seat, whichever
212is appropriate.
213     (M)(G)  As soon as practicable after each their election,
214the Board of Supervisors of the District shall organize by
215choosing one of their number President of the Board of
216Supervisors and by electing some suitable person Secretary, who
217may or may not be a member of said Board. The Secretary shall be
218required to execute bond for the faithful performance of his or
219her duties in such penal amount as the board may my determine.
220The Board of Supervisors shall adopt a seal which shall be the
221seal of the District. At each annual meeting of the landowners
222of the District, the Board of Supervisors shall report all work
223undertaken or completed during the preceding year, and the
224status of the finances of the District.
225     (N)(H)  All Supervisors shall hold office until their
226successors shall be elected and qualified. Whenever any election
227shall be authorized or required by this Act to be held by the
228landowners at any particular or stated time or day, and if for
229any reason such election shall not or cannot be held at such
230time or on such day, then in such event and in all and every
231such event, the power or duty to hold such election shall not
232cease or lapse, but such election shall be held thereafter as
233soon as practicable and consistent with this Act.
234     Section 6.  Meetings of landowners; elections.-
235     (A)  Commencing in Each year during the month of November,
236beginning with the month of November 2006, a meeting of the
237landowners of the District shall be held annually in November
238for the purpose of electing Supervisors and hearing reports of
239the Board of Supervisors and, when applicable, the holding of a;
240provided, however, that a meeting of the landowners shall be
241held during the month of November 2005, for the purpose of
242receiving reports of the Board of Supervisors and considering
243any matters upon which the Board of Supervisors election may
244request the advice and views of the landowners. The Board of
245Supervisors shall have the power to call special meetings of the
246landowners at any time to receive reports of the Board of
247Supervisors or consider and act upon any matter upon which the
248Board of Supervisors may request advice. Notice of all meetings
249of the landowners shall be given by the Board of Supervisors by
250causing publication thereof to be made for 2 consecutive weeks
251prior to such meeting in some newspaper published in Palm Beach
252County. The meetings of the landowners shall be held in some
253public place in said County, and the place, day, and hour of
254holding such meetings shall be stated in the notice. The
255landowners when assembled shall organize by electing a Chair who
256shall preside at the meeting. The Secretary of the Board of
257Supervisors shall be the Secretary of such meeting. At all such
258meetings each and every acre, or any fraction thereof, of land
259in the District, except publicly owned property against which
260the District does not levy assessments, shall represent one
261share, and each owner shall be entitled to one vote in person or
262by written proxy for every acre, or any fraction thereof, of
263land owned by him or her in the District, except for:
264     (1)  Publicly owned lands against which the District does
265not levy assessments.
266     (2)  Those lands that are not currently subject to the
267District's levy of assessments or lands for which assessments
268have not been paid for the previous year.
269
270The person receiving the highest number of votes for Supervisor
271shall be declared and elected as such Supervisor. Those
272landowners present or voting by proxy shall constitute a quorum
273at any meeting of the landowners.
274     (B)  Guardians may represent their wards, and personal
275representatives may represent the estates of deceased persons.
276Trustees may represent lands held by them in trust, and private
277and municipal corporations may be represented by their officers
278or duly authorized agents. Guardians, personal representatives,
279trustees, and corporations may vote by proxy.
280     (C)  To be eligible for election pursuant to this section,
281a candidate for the office of Supervisor shall file a written
282notice of intention to be a candidate in the office of the
283District at least 30 days before the annual meeting of the
284landowners.
285     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.

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