The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE

Chapter 418
RECREATION DISTRICTS

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F.S. 418.302

418.302 Governing body of mobile home park recreation district.—

(1) The governing body of a recreation district created pursuant to s. 418.30 shall consist of a nine-member board of trustees elected by the electors of the district. A person desiring to have her or his name placed on the ballot for election as a trustee of the district shall be a qualified elector of the district and shall present a written petition, signed by the applicant and not fewer than 25 other electors of the district, to the supervisor of elections of the county not less than 60 days prior to the date of the election. The supervisor of elections shall be entitled to a reasonable reimbursement for conducting the election, payable out of the general funds of the district.

(2) The ordinance creating the district shall specify the date of the election. Notice of the election, setting forth the names of the persons proposed as trustees of the district, shall be given by the supervisor of elections by mail addressed to each qualified elector not less than 15 days before the date of the election. Such notice shall also be published one time at least 10 days prior to the election in a newspaper of general circulation published in the county. If no such newspaper is published in the county, the supervisor of elections shall cause written or printed notices of the election to be posted in five public places within the district. Notwithstanding the provisions of s. 101.20, the publication of a sample ballot is not required.

(3) In the election held to elect the first board of trustees for the district, the candidates receiving the first, third, fifth, seventh, and ninth highest number of votes shall be elected to serve for terms of 2 years each, and the candidates receiving the second, fourth, sixth, and eighth highest number of votes shall be elected to serve for terms of 1 year each. Thereafter, elections for the board of trustees shall be held annually on a date to be specified in the ordinance creating the district, and those persons elected after the initial election shall be elected to serve for terms of 2 years each. A trustee may succeed herself or himself in office.

(4) After each election, the board of trustees shall organize itself by electing from its number a chair, two vice chairs, a secretary, and a treasurer. The trustees may not receive any compensation for their services, but shall be entitled to be reimbursed from funds of the district for any authorized disbursements they may properly incur in behalf of the district. Each trustee who is authorized to sign checks of the district or is otherwise designated to handle its funds shall, before she or he enters upon such duties, execute to the Governor, for the benefit of the district, a good and sufficient bond, approved by a circuit judge of the county in which the district is established, in the sum of $10,000 with a qualified corporate surety, conditioned to faithfully perform the duties of her or his office and to account for all funds which may come into her or his hands as such trustee. All premiums for the surety on such bonds shall be paid from the funds of the district. The trustees shall conduct their business as a public body and shall be subject to all laws of the state relating to open government, financial disclosure, avoidance of conflicts of interest, and ethics.

(5) Any vacancy on the board of trustees shall be filled for the unexpired term by the appointment of a successor from among the qualified electors of the district by the remaining trustees. Any trustee who fails to discharge her or his duties may be removed for cause by the board of trustees after due notice and an opportunity to be heard upon charges of malfeasance or misfeasance. A trustee who is not guilty of malfeasance or misfeasance in office is relieved of any personal liability for acts done by her or him while holding office. Except with respect to matters wherein it is adjudged that the trustee is liable for gross negligence or misconduct in the performance of her or his duties, a trustee who is made a party to any action, suit, or proceeding solely by reason of her or his holding office in the district shall be indemnified by the district against reasonable expenses, including attorney’s fees, incurred by the trustee in defending such suit, action, or proceeding.

History.—s. 35, ch. 83-204; s. 75, ch. 97-103; s. 57, ch. 2001-62.

F.S. 418.302 on Google Scholar

F.S. 418.302 on Casetext

Amendments to 418.302

Arrestable Offenses / Crimes under Fla. Stat. 418.302

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 418.302.

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES EX REL, LEMON, LAVERNE FOWLER, v. NURSES TO GO, INCORPORATED F. A A A DPM L. L. C., 924 F.3d 155 (5th Cir. 2019)

. . . . §§ 418.302(b)(2) & 418.204(a). See id. . . .

DRUDING, v. CARE ALTERNATIVES, INC., 164 F. Supp. 3d 621 (D.N.J. 2016)

. . . . § 418.302(d)(1). . . .

UNITED STATES v. SHVETS,, 631 F. App'x 91 (3d Cir. 2015)

. . . . § 418.302. . . .

SOUTHEAST ARKANSAS HOSPICE, INC. v. SEBELIUS,, 1 F. Supp. 3d 915 (E.D. Ark. 2014)

. . . . § 418.302 (establishing rates). . . .

UNITED STATES GESCHREY v. GENERATIONS HEALTHCARE, LLC,, 922 F. Supp. 2d 695 (N.D. Ill. 2012)

. . . .” § 418.302(b), (c). . . . approximately $150 in Cook County) is paid regardless of the actual services provided on a given day. § 418.302 . . . As continuous care must be “predominantly nursing care,” § 418.302, billing for the services at the continuous-care . . .

BACK, v. SEBELIUS, U. S., 684 F.3d 929 (9th Cir. 2012)

. . . . § 418.302. In 2007, Howard Back’s wife was diagnosed as terminally ill. . . .

HOSPICE OF NEW MEXICO, LLC, a v. SEBELIUS,, 435 F. App'x 749 (10th Cir. 2011)

. . . . §§ 413.64(b), 418.302(d)-(e). . . .

LOS ANGELES HAVEN HOSPICE, INC. a v. SEBELIUS, O., 638 F.3d 644 (9th Cir. 2011)

. . . . § 418.302 (establishing rates). . . .

LION HEALTH SERVICES, INC. a v. SEBELIUS,, 635 F.3d 693 (5th Cir. 2011)

. . . . §§ 413.64(b) and 418.302(d)-(e). . . .

LION HEALTH SERVICES, INC. v. SEBELIUS,, 689 F. Supp. 2d 849 (N.D. Tex. 2010)

. . . . §§ 418.301(a), 418.302(a)-(d); see 42 U.S.C. § 1395f(i)(l)(A) (authorizing the Secretary to promulgate . . . determined by the type and intensity of services provided by the hospice on a given day. 42 C.F.R. § 418.302 . . .

NATIONAL HOSPICE AND PALLIATIVE CARE ORGANIZATION, INC. v. N. WEEMS, O. Of, 587 F. Supp. 2d 184 (D.D.C. 2008)

. . . . § 418.302(e)(1). Payments vary depending on the type of care provided on the particular day. . . . See id. at § 418.302(e)(2). . . . Id. at § 418.302(b). . . . See 42 C.F.R. §§ 418.302(g), 418.306(c). . . .

FLEETWOOD HOMES OF FLORIDA, INC. v. REEVES,, 833 So. 2d 857 (Fla. Dist. Ct. App. 2002)

. . . Stat. (2001) (remove cargo ship pollution); § 418.302, Fla. . . .