§ 230-73. Commission created; appointment of members; oath; officers; quorum.

(a)

The district shall be under the management and control of a commission which is hereby created and established and which shall be known as the "Daytona Beach Racing and Recreational Facilities Commission." The district commission shall consist of five members who shall be qualified electors of the district. Two members of the district commission shall be appointed by the board of county commissioners and two members shall be appointed by the city commission of the City of Daytona Beach; and one member shall be appointed by the joint action of the board of county commissioners and the city commission of the city or by the governor as hereinafter provided.

(b)

At least 30 days prior to the date of expiration of the term of any member of the district commission, the successor of such member shall be appointed for a term of four years by the city or county as hereinabove provided. If the city and county are unable to agree on the successor to be named jointly by them within five days prior to the date of expiration of the term of office of said member, such appointment shall be made by the governor of the State of Florida. Each member shall serve until his successor shall be appointed and shall qualify. In the event of a vacancy in the district commission resulting from the death, resignation or change of residence of any member thereof or from any other cause, the successor of such member shall be appointed for the unexpired term. Any member of the district commission shall be eligible for reappointment. Upon the appointment of any member of the district commission the clerk of the city or county making the appointment shall furnish a certificate of such appointment to said appointee which shall be kept with the public records of the district commission and shall be noted in the minutes of the first meeting of said district commission following such appointment. Each member of the district commission shall be reimbursed for the actual expenses necessarily incurred by him in the performance of his duties.

(c)

Before entering upon the duties of office, each member of the district commission shall take and file with the district an oath to faithfully discharge the duties of his office, and such other oaths as shall be required by law, and shall execute a surety bond in the penal sum of $5,000.00 payable to the governor of the State of Florida and conditioned upon the faithful performance of the duties of office of such member. Such bonds shall be approved by the district commission and filed with the secretary and treasurer thereof and such bonds shall be signed by a surety company authorized to do business in Florida.

(d)

Three members of the district commission shall constitute a quorum and the affirmative vote of three members of the district commission shall be necessary for any action taken by the district commission. A vacancy in the district commission shall not impair the rights of a quorum to exercise all the rights and perform all the duties of the district commission. The district commission shall elect one of its members as chairman and shall also appoint a secretary and treasurer who may or may not be a member of the district commission. The secretary and treasurer of the district commission, prior to entering upon his duties as such officer, shall execute a surety bond in a penal sum, not less than $25,000.00 to be determined by the district commission, payable to the governor of the State of Florida and conditioned upon the faithful performance of the duties of his office, such bond to be signed by a surety company authorized to do business in Florida and to be approved by the district commission and filed with the secretary and treasurer thereof.

(Laws of Fla. ch. 31343 (1955), § 3)