SB267: Bill Text

SB267,8,14 120.02 (3) (a) 3. An allocation of the number of candidates to be elected to 1, 2 and 3 year terms at the first election, the. If the school district elects school board members at large, the 3-year terms to shall be filled by the appropriate number of candidates receiving the highest number of votes, the 2-year terms to shall be filled by the appropriate number of candidates receiving the next highest number of votes and the 1-year terms to shall be filled by the appropriate number of candidates receiving the next highest number of votes. If the school district elects school board members from apportioned areas, the plan shall designate which apportioned areas shall elect school board members to initial 3-year terms, 2-year terms and 1-year terms.

SB267, s. 15 Section 15. 120.02 (3) (b) of the statutes is amended to read:

SB267,8,24 120.02 (3) (b) In case of If the school district elects school board members at large and there is a tie vote in the election of school board members, the election shall be determined by lot and the loser by lot shall become next in order of election if additional positions on the school board are to be filled. If the school district elects school board members from apportioned areas and there is a tie vote between the candidates for the seat representing one apportioned area, the election shall be determined by lot and the loser may fill any vacancy that occurs within the same apportioned area in which the loser is a candidate before the next election from that apportioned area under s. 17.26 (1).

SB267, s. 16 Section 16. 120.02 (3) (c) of the statutes is amended to read:

SB267,9,5 120.02 (3) (c) The If the school district elects school board members at large, the tenure of school board members whose terms have not expired shall not be affected. If the school district elects school board members from apportioned areas, the terms of all incumbent members shall expire on the 4th Tuesday of April following the election at which the plan is implemented.

SB267, s. 17 Section 17. 120.02 (3) (e) of the statutes is renumbered 120.02 (3) (e) (intro.) and amended to read:

SB267,9,9 120.02 (3) (e) (intro.) Whenever a school district with more than 3 school board members votes to reduce the number of school board members, one:

SB267,9,13 1. If the school district elects school board members at large, one less school board member shall be elected annually thereafter until the school board is reduced to the approved number of members, but not less than one member shall be elected each year.

SB267, s. 18 Section 18. 120.02 (3) (e) 2. of the statutes is created to read:

SB267,9,18 120.02 (3) (e) 2. If the school district elects school board members from apportioned areas, new members shall be elected to fill all seats on the school board at the first election following adoption of the change in the number of school board members.

SB267, s. 19 Section 19. 120.02 (4) of the statutes is amended to read:

SB267,9,25 120.02 (4) Election to numbered seats. If a school district elects members of the school board at large and if, at least 30 days prior to the day of the annual meeting, in a common or union high school district, or at least 45 days prior to the day of the election of school board members in a unified school district, a petition conforming to the requirements of s. 8.40 which sets forth a plan for the assignment of a number to each seat on the school board is filed with the school district clerk, the school district clerk shall incorporate notice of receipt of such petition in the notice of the annual meeting or election required under s. 120.06 (8) (c). The petition shall be signed by not less than 100 electors residing in the school district, except that in school districts which contain, in whole or in part, a city of the 2nd or 3rd class, the petition shall be signed by not less than 500 electors residing in the school district. If a majority vote of the annual meeting or election approves the plan set forth in the petition, the plan shall remain in operation until revised by the same procedure.

SB267, s. 20 Section 20. 120.045 of the statutes is created to read:

SB267,11,4 120.045 Reapportionment of apportioned areas within school districts. In a common, union high or unified school district in which the school board members are elected from apportioned areas, within 60 days after the municipal governing body of each municipality that is wholly or partly contained within the school district enacts an ordinance or adopts a resolution under s. 5.15 dividing the municipality into wards, if the municipality is required to do so, or otherwise within 60 days after the necessary population data becomes available from the federal government or is published by an agency of this state, the school board shall, by vote of a majority of the members of the board, adopt a revised plan for the apportioned areas of the school district. Each apportioned area under the plan shall consist of contiguous whole wards or municipalities and shall be equal in population insofar as practicable. The plan shall designate the length of terms of school board members who are initially elected under the plan in accordance with s. 120.02 (3) (a) 3. Except as otherwise required under ss. 117.09 (6), 117.11 (6), 117.12 (6), 117.13 (4) and 117.132 (5), the plan shall be effective until the school board adopts a revised plan under this section following the next federal decennial census, unless the method of election of school board members is changed prior to that date or unless a court of competent jurisdiction orders the school board to revise the plan at an earlier date. If the school board is ordered to revise the plan, the revised plan shall be effective until the school board adopts a revised plan under this section following the next federal decennial census.

SB267, s. 21 Section 21. 120.06 (2) of the statutes is amended to read:

SB267,11,10 120.06 (2) School board members shall be electors of the school district and shall be elected at large by a plurality vote of the electors of the school district unless the school district elects school board members from apportioned areas, in which case the school board members shall be elected by a plurality vote of the electors of the apportioned areas from which they seek office.

SB267, s. 22 Section 22. 120.06 (3) of the statutes is amended to read:

SB267,11,13 120.06 (3) The regular terms of school board members shall be 3 years, except as otherwise provided under s. ss.17.26, 117.11 (6) and 120.02 (3) (c).

SB267, s. 23 Section 23. 120.06 (7) (b) of the statutes is amended to read:

SB267,12,2 120.06 (7) (b) The school board shall require a primary election if there are more than 2 candidates for any seat on a 3-member board or more than twice as many candidates as there are members to be elected to an unnumbered school board of more than 3 members. In school districts in which a plan of apportionment of school board members under s. 120.02 (2) or a plan for election of school board members to numbered seats has been adopted, the school board shall require a primary election for particular apportioned areas for which there are more than twice as many candidates as there are members to be elected and for any numbered seat for which there are more than 2 candidates. In a primary election for school board members to represent an apportioned area, only electors of the apportioned area within the school district where the election is held may vote in the election. When there is a primary election it shall be held in conjunction with the spring primary.

SB267, s. 24 Section 24. 120.06 (12) of the statutes is amended to read:

SB267,12,13 120.06 (12) An election in accordance with s. 17.26 to fill an unexpired term on a school board shall be held in the same manner as a regular school board election is held. In the case of a school board of more than 3 members, elections to fill unexpired terms shall be held simultaneously with the elections for regular terms, the. If the school district elects school board members at large, the regular terms to shall be filled by the appropriate number of candidates receiving the highest number of votes and the unexpired terms to shall be filled by the appropriate number of candidates receiving the next highest number of votes. The unexpired term of a member who represented an apportioned area shall be filled by the electors of that apportioned area.

SB267, s. 25 Section 25. 120.42 (1) (a) of the statutes is amended to read:

SB267,12,22 120.42 (1) (a) Except as provided in par. (b), school board members in a unified school district shall be electors of the school district and shall be elected at large, or at large to numbered seats or at large to an apportioned election district area by a plurality vote of the electors of the school district or from apportioned areas by a plurality vote of the electors of each apportioned area. School board members in a unified school district shall be elected under s. 120.06 at the spring election. All candidates for school board seats shall file a declaration of candidacy as provided in s. 120.06 (6) (b).

SB267, s. 26 Section 26. Nonstatutory provisions; reapportionment of existing apportioned areas of school districts.

SB267,13,15 (1) (a) Except as provided in paragraph (b), no later than October 1, 1998, the school board of each school district which on that date elects school board members from apportioned areas under section 120.02 (2) of the statutes, as affected by this act, shall adopt a revised plan of apportionment for the election of school board members. Under the revised plan, each apportioned area shall consist of contiguous whole wards or municipalities and shall be equal in population, insofar as practicable. The plan shall designate the length of terms of school board members who are initially elected under the plan in accordance with section 120.02 (3) (a) 3. of the statutes, as affected by this act. The plan shall be effective for all elections until a revised plan is adopted under section 120.045 of the statutes, as created by this act. Except as provided in paragraph (b) and notwithstanding section 120.06 (3) of the statutes, as affected by this act, the terms of office of all school board members in school districts which, on October 1, 1998, elect school board members from apportioned areas under section 120.02 (2) of the statutes, as affected by this act, shall expire on the 4th Monday in April of 1999.

SB267,14,2 (b) In a unified school district where school board members are elected from apportioned areas under section 120.02 (2) of the statutes, as affected by this act, if the school board receives a valid petition under section 120.02 (2) (a) of the statutes, as affected by this act, for discontinuance of the election of school board members from apportioned areas prior to October 1, 1998, the school board shall call a referendum on the question of adoption of the change proposed in the petition to be held at the spring election in 1999 and shall not reapportion the existing apportioned areas in the school district unless the electors of the school district reject the question. If the question is rejected, the school board shall complete its reapportionment no later than one year later than the date prescribed under paragraph (a) and the terms of the school board members shall expire in that school district one year later than the date prescribed in paragraph (a).

SB267,14,7 (c) Notwithstanding section 5.15 (1) (a) of the statutes, a municipality may create a new ward under section 5.15 (2) (f) 5. of the statutes, as created by this act, to facilitate creation of apportioned areas of a school district that are of equal population for purposes of compliance with paragraphs (a ) and (b) during the period in which paragraphs (a) and (b) apply.

SB267, s. 27 Section 27. Effective date.

SB267,14,9 (1) This act takes effect on May 15, 1998.

SB267,14,10 (End)