§ 262-732. Election; popular elections, referendum and designation of urban areas.

(a)

Elections of the members of the board shall be conducted on a one-acre, one-vote basis as provided in subsection 262-731(c), until and unless the provisions of subsection 262-732(b) apply. When and as applicable and required, the appropriate provisions of F.S. § 189.405, as amended from time to time, apply.

(b)

A referendum shall be called by the board of supervisors of the district, each member elected on a one-acre, one-vote basis, on the question of whether certain members of the board should be elected by qualified electors, providing each of the following conditions has been satisfied at least 60 days prior to the general or special election at which the referendum is to be held:

(1)

That the district has at least 500 qualified electors, based on the most recent state population estimate.

(2)

A petition signed by ten percent of the qualified electors of the district shall have been filed with the board of supervisors of the district. The petition shall be submitted to the Supervisor of Elections of Collier County who shall, within 30 days after receipt of the petition, certify to the board the percentage of signatures of qualified electors contained on the petition.

(3)

Upon verification by the supervisor of elections that ten percent of the qualified electors of the district have petitioned the board of supervisors, the next regularly scheduled election of governing board members shall occur at least 60 days after verification of the petition.

(4)

If the qualified electors approve the election procedure described in this section, the governing board of the district shall remain five members and elections shall be held pursuant to the criteria described in this section, beginning with the next regularly scheduled election of governing board members or at a special election called within six months following the referendum and final unappealed approval of district urban area maps as provided in this section, whichever is earlier.

(5)

If the qualified electors of the district disapprove the election procedure described in this section, elections of the members of the board of supervisors shall continue as described in this Act on a one-acre, one-vote basis. No further referendum on the question shall be held for a minimum period of two years following the referendum.

(6)

Within 30 days after approval of the election process described in this section by qualified electors of the district, the board of supervisors shall direct the district staff to prepare and to present maps of the district describing the extent and location of all urban areas within the district, such determination shall be based upon the criteria contained in the definition of urban area, in this Act.

(7)

Within 60 days after approval of the election process described in this subsection by qualified electors of the district, the maps describing urban areas within the district shall be presented to the board of supervisors.

(8)

Any district landowner or elector may contest the accuracy of the urban area maps prepared by the staff of the district within 30 days after submission to the board of supervisors. Upon notice of objection to the maps, the governing board shall request the county engineer to prepare and present maps of the district describing the extent and location of all urban areas within the district. Such determination shall be based limitedly and exclusively upon the criteria contained in the definition in this Act of urban area. Within 30 days after the governing board requests, the county engineer shall present the maps to the governing board.

(9)

Upon presentation of the maps by the county engineer, the governing board shall compare the maps submitted by both the district staff and the county engineer and make a determination as to which set of maps to adopt. Within 60 days after presentation of all such maps, the governing board may amend and shall adopt the official maps at a regularly scheduled board meeting.

(10)

Any district landowner or qualified elector may contest the accuracy of the urban area maps adopted by the board after adoption in accordance with the provision for judicial review as provided in Florida Administrative Procedure Act. Accuracy shall be determined pursuant to the definition of urban area as contained in this Act.

(11)

Upon adoption by the board of supervisors or certification by the court, the district urban area maps shall serve as the official maps for determination of the extent of the urban area within the district and the number of members of the board of supervisors to be elected by qualified electors and by the one-acre, one-vote principle at the next regularly scheduled election of governing board members.

(12)

Upon a determination of the percentage of urban area within the district as compared with total area within the district, the governing board shall determine the number of electors in accordance with the percentages pursuant to this paragraph. The landowners' meeting date shall be designated by the board of supervisors.

(13)

The map shall be updated and readopted every five years or sooner at the discretion of the board of supervisors.

(c)

Governing board.

(1)

The composition of the governing board shall be as follows:

a.

The five members of the governing board of the district shall be elected in accordance with the following determinations of urban area:

1.

If urban areas constitute 25 percent or less of the district, one governing board member shall be elected by the qualified electors and four governing board member shall be elected in accordance with the one-acre, one-vote principle contained in section 262-731 or the district's enabling legislation.

2.

If urban areas constitute more than 25 percent but less than 50 percent of the district, two governing board members shall be elected by the qualified electors and three governing board members shall be elected in accordance with the one-acre, one-vote principle contained in section 262-731 or the district's enabling legislation.

3.

If urban areas constitute at least 50 percent but less than 70 percent of the district, three governing board members shall be elected by the qualified electors and two governing board members shall be elected in accordance with the one-acre, one-vote principle contained in section 262-731 or the district's enabling legislation.

4.

If urban areas constitute at least 70 percent but less than 90 percent of the district, four governing board members shall be elected by the qualified electors and one governing board member shall be elected in accordance with the one-acre, one-vote principle contained in section 262-731 or the district's enabling legislation.

5.

If urban areas constitute at least 90 percent or more of the district, all governing board members shall be elected by the qualified electors.

b.

All members of the board of supervisors, regardless of how elected, shall be public officers, shall be known as supervisors, and, upon entering into office, shall take and subscribe to the oath of office as prescribed by F.S. § 876.05, as amended from time to time. All members of the board of supervisors, regardless of how elected, and regardless of whether they are qualified electors themselves or not, shall be public officials and subject to ethics and conflict of interest laws of the state that apply to all public officers. They shall hold office for the terms for which they were elected and until their successors are chosen and qualified.

c.

Any elected member of the board of supervisors may be removed by the governor for malfeasance, misfeasance, dishonesty, incompetency, or failure to perform the duties imposed upon him or her by this Act, and any vacancies that may occur in such office shall be filed by the governor, as soon as practicable, unless filled by the board as provided in this Act.

d.

All governing board members elected by qualified electors shall be qualified electors elected at large. Candidates seeking election as qualified electors shall conduct their campaigns in accordance with the provisions of F.S. Ch. 106, as amended from time to time, and shall file petitions as required in F.S. § 99.021, as amended from time to time, and take the oath therein prescribed.

e.

1.

All governing board members elected by qualified electors shall have a term of four years except for governing board members elected at the first election and the first landowners' meeting following the referendum prescribed in subsection (b). Governing board members elected at the first election and the first landowners' meeting following the referendum shall serve as follows:

i.

If one governing board member is elected by the qualified electors and four are elected on a one-acre, one-vote basis, the governing board member elected by the qualified electors shall be elected for a period of four years. Governing board members elected on a one-acre, one-vote basis shall be elected for a specified period of years, as prescribed by section 262-731.

ii.

If two governing board members are elected by the qualified electors and three are elected on a one-acre, one-vote basis, the governing board members elected by the qualified electors shall be elected for a period of four years. Governing board members elected on a one-acre, one-vote basis shall be elected for periods of one, two, and three years, respectively, as prescribed by section 262-731.

iii.

If three governing board members are elected by the qualified electors and two are elected on a one-acre, one-vote basis, two of the governing board members elected by the qualified electors shall be elected for a term of four years and the other governing board member elected by the qualified electors shall be elected for a term of two years. Governing board members elected on a one-acre, one-vote basis shall be elected for periods of one year and two years, respectively, as prescribed by section 262-731.

iv.

If four governing board members are elected by the qualified electors and one is elected on a one-acre, one-vote basis, two of the governing board members elected by the qualified electors shall be elected for a term of two years and the other two for a term of four years. The governing board member elected on a one-acre, one-vote basis shall be elected for a term of one year as prescribed by section 262-731.

v.

If five governing board members are elected by the qualified electors, three shall be elected for a term of four years and two for a term of two years.

vi.

If any vacancy occurs in a seat occupied by a governing board member elected by the qualified electors, the remaining members of the governing board shall, within 45 days after the vacancy occurs, appoint a person who would be eligible to hold the office for the unexpired term.

vii.

Each and every election, by qualified electors, of members of the board of supervisors pursuant to this Act shall be conducted in the manner and at a time prescribed by law for holding general elections or prescribed by the supervisor of elections in and for the Collier County political subdivision.

2.

An annual landowners' meeting shall be held pursuant to section 262-731 and at least one governing board member shall be elected on a one-acre, one-vote basis pursuant to section 262-731 for so long as ten percent or more of the district is not contained in an urban area. In the event that all district governing board members are elected by qualified electors, there shall be no further landowners' meetings.

i.

At any landowners' meeting called pursuant to this section, 50 percent of the district acreage shall not be required to constitute a quorum and each governing board member shall be elected by a majority of the acreage represented either by owner or proxy present and voting at said meeting.

ii.

All landowners' meetings of districts operating pursuant to this section shall be set by the board within the month preceding the month of the election of the governing board members by the electors.

iii.

Vacancies on the board shall be filled pursuant to section 262-731 and this subsection except as otherwise provided in this section.

f.

Three of the members of the board of supervisors constitute a quorum for the purpose of conducting its business and exercising its powers and for all other related purposes. Action taken by the district board of supervisors present shall be upon a vote of the majority of the members present, unless general law or rule of the district subsequently promulgated requires a greater number.

g.

As soon as practicable after each election or appointment, the board shall organize by electing one of its members as chair and by electing a secretary, who need not be a member of the board, and such other officers as the board may deem necessary.

h.

The board shall keep a permanent record book entitled "Record of Proceedings of Ave Maria Stewardship Community District," in which shall be recorded minutes of all meetings, resolutions, proceedings, certificates, bonds given by all employees, and any and all corporate acts. The record book shall at reasonable times be opened to inspection in the same manner as state, county, and municipal records pursuant to F.S. Ch. 119. The record book shall be kept at the office or other regular place of business maintained by the board of supervisors within Collier County.

i.

Each supervisor shall be entitled to receive for his or her services an amount not to exceed $200.00 per meeting of the board of supervisors, not to exceed $4,800.00 per year per supervisor, or an amount established by the electors voting in a referendum. In addition, each supervisor shall receive travel and per diem expenses as set forth in F.S. § 112.061, as amended from time to time.

j.

All meetings of the board shall be open to the public and governed by the provisions of F.S. Ch. 286.

(2)

The members of the board of supervisors of the district, whether elected on a one-acre, one-vote basis or a qualified elector basis, shall constitute the members of the governing board of the district subject to the requirements of this Act.

(Laws of Fla. ch. 2004-461, § 4)