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JULINGTON CREEK PLANTATION COMMUNITY DEVELOPMENT DISTRICT
RULE RELATING TO BOARD MEMBER VACANCY APPOINTMENTS
SECTION 1. INTRODUCTION. Section 190.006, Florida Statutes, provides that if, during the term of office of a Board Supervisor, a vacancy occurs, the remaining members of the Board shall fill the vacancy by an appointment for the remainder of the unexpired term. This Rule Relating to Board Member Vacancy Appointments (the “Rule”) provides a formal procedure for the Board of Supervisors (the “Board”) of Julington Creek Plantation Community Development District (the “District”) to fill a vacancy on the Board.
SECTION 2. DEFINITIONS.
A. Applicant. Per Florida law, a person, age 18 or over, that is a resident of the State of Florida, of the District, and registered to vote in St. Johns County that desires to be appointed to the Vacant Seat (hereafter defined) and who submits his or her qualifications to the District during the specified time period for the purpose of being appointed to a Vacant Seat.
B. Vacant Seat. An open seat on the Board, the availability of which results from a Board member who previously held the seat resigning or otherwise vacating such seat, with the term for the seat having commenced but not yet expired.
C. Vacant Seat Appointment Meeting. The first scheduled Board meeting that occurs after the completion of a twenty-one (21) day publication and notice period that announces the Vacant Seat.
SECTION 3. NOTICE OF VACANT SEAT. Upon the occurrence of a Vacant Seat, the District shall, within one week, publish notice of the Vacant Seat (the “Notice”). The Notice shall be published on the District’s website, in a minimum of two e-mail blasts, preferably three, at least one week apart on the District’s social media site(s), and posted in the District’s facilities at locations where information is typically posted. The Notice shall contain a minimum of the following information: a general announcement regarding the Vacant Seat, including the term remaining for the Vacant Seat; the minimum legal qualifications of an Applicant (18 or over, a resident of the State of Florida, of the District, and registered to vote in St. Johns County); that the qualifications shall be submitted to the District Manager via electronic mail and hard copy, with the District Manager’s e-mail, mailing and contact information, and the due date of such qualifications, which due date shall be by 5:00 p.m. on the twenty-first day following the date of publication on the website and in the e-mail blast, whichever is later; that interested Applicants should submit a resume and letter of interest; the time and date of the Vacant Seat Appointment Meeting and encouraging Applicants to attend such Vacant Seat Appointment Meeting for purposes of presenting their qualifications; and that the Board is expected to appoint at the Vacant Seat Appointment Meeting.
SECTION 4. VACANT SEAT APPOINTMENT MEETING. At the Vacant Seat Appointment Meeting, there shall be included an agenda item for consideration of appointment to fill the Vacant Seat. The Board shall first accept the resignation of the vacating Supervisor and declare the seat vacant pursuant to Florida law, which may occur at the Vacant Seat Appointment Meeting. At the Vacant Seat Appointment Meeting, the Board shall review each Applicant’s
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resume, if any, and view each Applicant’s presentation regarding qualifications, if any, for the purpose of evaluating the qualifications of each Applicant. Following the evaluation of each Applicant by the Board and during the Vacant Seat Appointment Meeting, the Board shall appoint an Applicant or another individual who is not an Applicant, as set forth in Section 7, to the Vacant Seat. Any appointment must be consistent with Florida law.
SECTION 5. TERM. Pursuant to Section 190.006(4), Florida Statutes, the term on the Board for the Applicant or individual who is appointed to the Vacant Seat at the Vacant Seat Appointment Meeting shall be for the remainder of the unexpired term of the previous Board member who held the Vacant Seat prior to the appointment of the Applicant or individual to the Vacant Seat.
SECTION 6. INTERPRETATION. Nothing herein shall be interpreted or construed as limiting the Board’s ability to make an appointment to the Vacant Seat pursuant to Florida law. Furthermore, the Rule shall be interpreted broadly so as to ensure compliance with the requirements of Chapter 190, Florida Statutes.
SECTION 7. LACK OF APPLICANTS. A lack of Applicants shall not interfere with or impair the Board’s ability to make an appointment to the Vacant Seat. In the event that the Board receives one or few Applicants, or if the Board, in its sole and absolute discretion, determines it is in the District’s best interest to do so, the Board may appoint an individual who is not an Applicant to the Vacant Seat.
SECTION 8. TIE VOTE BY BOARD. In the event of a tie vote by the Board to appoint an Applicant, the Board may elect to do one or more of the following: (1) defer appointment to later in the Vacant Seat Appointment Meeting and take a re-vote, (2) continue the Vacant Seat Appointment Meeting for not to exceed two weeks to allow for further review of the Board of the Applicants, or (3) defer consideration until the next regularly scheduled Board meeting. However, in no event should the Board exceed ninety (90) days from declaring the seat vacant to make an appointment to the Vacant Seat.
SECTION 9. SEVERABILITY. If any section, paragraph, clause or provision of this rule shall be held to be invalid or ineffective for any reason, the remainder of this rule shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this rule would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision.
Specific Authority: §§ 120.536, 120.54, 190.006, 190.041, Fla. Stat.
Effective Date: ____________ ___, 2017