December 09, 2019
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 662 & 232

    Amendment No. ___   Barcode 214860

                            CHAMBER ACTION
              Senate                               House
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11  Senator Brown-Waite moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 829, between lines 21 and 22,

15

16  insert:

17         Section 891.  Effective July 1, 2002, subsections (1),

18  (2), (3), and (4) of section 190.006, Florida Statutes, are

19  amended to read:

20         190.006  Board of supervisors; members and meetings.--

21         (1)  The board of the district shall exercise the

22  powers granted to the district pursuant to this act. The board

23  shall consist of five members, who; except as otherwise

24  provided herein, each member shall hold office for a term of 4

25  years and until a successor is chosen and qualifies.  The

26  members of the board must be residents of the state and

27  citizens of the United States.

28         (2)(a)  Within 90 days following the effective date of

29  the rule or ordinance establishing the district, there shall

30  be held a meeting of the landowners of the district for the

31  purpose of electing five supervisors for the district.  Notice

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    9:51 AM   03/05/02                              s0662c2c-10b02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 662 & 232

    Amendment No. ___   Barcode 214860





  1  of the landowners' meeting shall be published once a week for

  2  2 consecutive weeks in a newspaper which is in general

  3  circulation in the area of the district, the last day of such

  4  publication to be not fewer than 14 days or more than 28 days

  5  before the date of the election.  The landowners, when

  6  assembled at such meeting, shall organize by electing a chair

  7  who shall conduct the meeting. The chair may be any person

  8  present at the meeting. If the chair is a landowner or a proxy

  9  holder of a landowner, he or she may nominate candidates and

10  make and second motions.

11         (b)  At such meeting, each landowner shall be entitled

12  to cast one vote per acre of land owned by him or her and

13  located within the district for each person to be elected.  A

14  landowner may vote in person or by proxy in writing. A proxy

15  must be signed by one of the legal owners of the property for

16  which the vote is cast and must contain the typed or printed

17  name of the individual who signed the proxy, the street

18  address or legal description of the property, and the number

19  of authorized votes. If the proxy authorizes more than one

20  vote, each property must be listed and the number of acres of

21  each property must be included. Signatures on proxies need not

22  be notarized. A fraction of an acre shall be treated as 1

23  acre, entitling the landowner to one vote with respect

24  thereto.  The two candidates receiving the highest number of

25  votes shall be elected for a period of 4 years, and the three

26  candidates receiving the next largest number of votes shall be

27  elected for a period of 2 years. The members of the first

28  board elected by landowners shall serve their respective

29  4-year or 2-year terms beginning on the date of the

30  landowners' meeting.; however, The next election by landowners

31  shall be held on the first Tuesday in the month of November,

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    9:51 AM   03/05/02                              s0662c2c-10b02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 662 & 232

    Amendment No. ___   Barcode 214860





  1  before the expiration of the initial 2-year terms of office

  2  and on a date established by the board. Thereafter, there

  3  shall be an election of supervisors for the district every 2

  4  years in the month of November, before the expiration of terms

  5  of office of the supervisors and on a date established by the

  6  board and noticed pursuant to paragraph (a). The second and

  7  subsequent landowners' meetings shall be announced at a public

  8  meeting of the board between 120 and 90 days before the date

  9  of the landowners' meeting, and notice shall also be given

10  pursuant to paragraph (a). Instructions on how all landowners

11  may participate in the election along with sample proxies

12  shall be provided during the board meeting at which the

13  landowners' meeting is announced. The two candidates receiving

14  the highest number of votes shall be elected to serve for a

15  4-year period, and the remaining candidate elected shall serve

16  for a 2-year period. The winning candidates shall begin their

17  respective 4-year and 2-year terms on the day following the

18  expiration of the terms of office of the outgoing supervisors.

19         (3)(a)1.  If the board proposes to exercise the ad

20  valorem taxing power authorized by s. 190.021, the district

21  board shall call an election at which the members of the board

22  of supervisors will be elected.  Such election shall be held

23  in conjunction with a primary or general election unless the

24  district bears the cost of a special election.  Each member

25  shall be elected by the qualified electors of the district for

26  a term of 4 years, except that, at the first such election,

27  three members shall be elected for a period of 4 years and two

28  members shall be elected for a period of 2 years.  All elected

29  board members must be qualified electors of the district.

30         2.a.  Regardless of whether a district has proposed to

31  levy ad valorem taxes, commencing 6 years after the initial

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    9:51 AM   03/05/02                              s0662c2c-10b02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 662 & 232

    Amendment No. ___   Barcode 214860





  1  appointment of members or, for a district exceeding 5,000

  2  acres in area, 10 years after the initial appointment of

  3  members, the position of each member whose term has expired

  4  shall be filled by a qualified elector of the district,

  5  elected by the qualified electors of the district.  However,

  6  for those districts established after June 21, 1991, and for

  7  those existing districts established after December 31, 1983,

  8  which have less than 50 qualified electors on June 21, 1991,

  9  sub-subparagraphs b. and c. shall apply.

10         b.  For those districts to which this sub-subparagraph

11  applies if, in the 6th year after the initial appointment of

12  members, or 10 years after such initial appointment for

13  districts exceeding 5,000 acres in area, there are not at

14  least 250 qualified electors in the district, or for a

15  district exceeding 5,000 acres, there are not at least 500

16  qualified electors, members of the board shall continue to be

17  elected by landowners.  After the 6th or 10th year, once a

18  district reaches 250 or 500 qualified electors, respectively,

19  then the position of two board members whose terms are

20  expiring shall be filled by qualified electors of the

21  district, elected by the qualified electors of the district.

22  One of these board members shall serve a 2-year term, and the

23  other a 4-year term. The candidate receiving the largest

24  number of votes shall be elected for a period of 4 years, and

25  the candidate receiving the next largest number of votes shall

26  be elected for a period of 2 years. The remaining board member

27  whose term is expiring shall be elected for a 4-year term by

28  the landowners and is not required to be a qualified elector.

29  Thereafter, as terms expire, board members shall be qualified

30  electors elected by qualified electors of the district. The

31  two candidates receiving the largest number of votes shall be

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    9:51 AM   03/05/02                              s0662c2c-10b02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 662 & 232

    Amendment No. ___   Barcode 214860





  1  elected for a period of 4 years, and the candidate receiving

  2  the next largest number of votes shall be elected for a period

  3  of 2 years.

  4         c.  On or before July 15 of each year, the board shall

  5  determine the number of qualified electors in the district as

  6  of the immediately preceding June 1.  The board shall use and

  7  rely upon the official records maintained by the supervisor of

  8  elections and property appraiser or tax collector in each

  9  county in making this determination.  Such determination shall

10  be made at a properly noticed meeting of the board and shall

11  become a part of the official minutes of the district.

12         (b)  Elections of board members by qualified electors

13  held pursuant to this subsection shall be conducted in the

14  manner prescribed by law for holding general elections. The

15  elections shall be held before the expiration of the terms of

16  office of the incumbents on a date established by the board.

17  The term of office of each supervisor shall commence on the

18  day following the expiration of the term of office of the

19  outgoing supervisor.

20         (c)  Candidates seeking election to office by qualified

21  electors under this subsection shall conduct their campaigns

22  in accordance with the provisions of chapter 106.  Candidates

23  shall file petitions, and take the oath required in s. 99.021,

24  with the supervisor of elections in the county affected by

25  such candidacy.

26         (d)  The supervisor of elections shall appoint the

27  inspectors and clerks of elections, prepare and furnish the

28  ballots, designate polling places, and canvass the returns of

29  the election of board members by qualified electors.  The

30  board of county commissioners shall declare and certify the

31  results of the election.

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    9:51 AM   03/05/02                              s0662c2c-10b02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 662 & 232

    Amendment No. ___   Barcode 214860





  1         (4)  Members of the board shall be known as supervisors

  2  and, upon entering into office, shall take and subscribe to

  3  the oath of office as prescribed by s. 876.05.  They shall

  4  hold office for the terms for which they were elected or

  5  appointed and until their successors are chosen and qualified.

  6  If, during the term of office, a vacancy occurs, the remaining

  7  members of the board shall fill the vacancy by an appointment

  8  for the remainder of the unexpired term. However, a supervisor

  9  who resigns from the board may not be appointed to the board

10  under this subsection. Once four members of the board are

11  electors of the district, the board may opt, by unanimous

12  decision of the supervisors, to align the terms of office with

13  the general election or a municipal election schedule. This

14  shall be accomplished by truncating the terms of office of

15  incumbents by up to 1 year.

16

17  (Redesignate subsequent sections.)

18

19

20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22         On page 8, line 12, following the semicolon

23

24  insert:

25         amending s. 190.006, F.S.; revising procedures

26         for electing supervisors of community

27         development districts;

28

29

30

31

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    9:51 AM   03/05/02                              s0662c2c-10b02

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