Florida Senate - 2022                             CS for SB 1078
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Hutson
       
       
       
       
       592-02256-22                                          20221078c1
    1                        A bill to be entitled                      
    2         An act relating to soil and water conservation
    3         districts; amending s. 582.15, F.S.; providing for the
    4         subdivision of certain proposed soil and water
    5         conservation districts; requiring the Department of
    6         Agriculture and Consumer Services to subdivide certain
    7         proposed soil and water conservation districts;
    8         amending s. 582.18, F.S.; requiring the supervisors of
    9         each soil and water conservation district to be
   10         elected from each of the district’s subdivisions;
   11         providing for the initial terms of office of
   12         candidates elected in each district subdivision;
   13         amending s. 582.19, F.S.; providing qualification
   14         requirements for supervisors to serve on the governing
   15         body of a soil and water conservation district;
   16         providing for the expiration of the terms of office of
   17         certain supervisors serving on soil and water
   18         conservation district governing bodies; providing for
   19         the subdivision of certain soil and water conservation
   20         districts by a specified date; requiring the
   21         department to subdivide certain soil and water
   22         conservation districts by a specified date; providing
   23         transitional provisions regarding the implementation
   24         of newly subdivided districts and the election of
   25         supervisors; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsection (4) is added to section 582.15,
   30  Florida Statutes, to read:
   31         582.15 Organization of district, etc.—
   32         (4)After the Department of Agriculture and Consumer
   33  Services has determined that operation of a proposed district is
   34  administratively practicable and feasible, the district shall be
   35  subdivided into five numbered subdivisions that match, as
   36  practicable, the boundaries of either the five county commission
   37  districts or five school board districts within the county. When
   38  neither the county commission nor the school board is subdivided
   39  into five districts, the department shall subdivide the district
   40  into five numbered subdivisions as nearly equal in area as
   41  practicable to ensure geographical representation within that
   42  soil and water conservation district’s governing body.
   43         Section 2. Subsection (1) of section 582.18, Florida
   44  Statutes, is amended to read:
   45         582.18 Election of supervisors of each district.—
   46         (1) The election of supervisors for each soil and water
   47  conservation district shall be held every 2 years, with one
   48  supervisor elected from each of the five numbered subdivisions
   49  created by the department pursuant to s. 582.15(4). The
   50  elections shall be held at the time of the general election
   51  provided for by s. 100.041. The office of the supervisor of a
   52  soil and water conservation district is a nonpartisan office,
   53  and candidates for such office are prohibited from campaigning
   54  or qualifying for election based on party affiliation.
   55         (a) Each candidate for supervisor for such district must
   56  shall qualify as directed by chapter 99.
   57         (b) Each nominee who collects or expends campaign
   58  contributions shall conduct her or his campaign for supervisor
   59  of a soil and water conservation district in accordance with the
   60  provisions of chapter 106. Candidates who neither receive
   61  contributions nor make expenditures, other than expenditures for
   62  verification of signatures on petitions, are exempt from the
   63  provisions of chapter 106 requiring establishment of bank
   64  accounts and appointment of a campaign treasurer, but shall file
   65  periodic reports as required by s. 106.07.
   66         (c) The names of all nominees on behalf of whom such
   67  nominating petitions have been filed shall appear upon ballots
   68  in accordance with the general election laws. All qualified
   69  electors residing within the district shall be eligible to vote
   70  in such election. The candidates who receive the largest number
   71  of the votes cast from each group of candidates in such election
   72  shall be the elected supervisors from such group for such
   73  district. In the case of a newly created district participating
   74  in a regular election for the first time, three groups of
   75  candidates shall be elected from district subdivisions 1, 3, and
   76  5 for terms of 4 years, and candidates two groups shall be
   77  elected from district subdivisions 2 and 4 for initial terms of
   78  2 years. Each candidate elected shall assume office on the first
   79  Tuesday after the first Monday in January following the
   80  election.
   81         Section 3. Subsection (1) of section 582.19, Florida
   82  Statutes, is amended to read:
   83         582.19 Qualifications and tenure of supervisors.—
   84         (1) The governing body of the district shall consist of
   85  five supervisors, elected as provided in s. 582.18 hereinabove.
   86  To qualify to serve on the governing body of a district, a
   87  supervisor must be an eligible voter who resides within the
   88  numbered subdivision from which she or he is elected and must be
   89  actively engaged in the business of farming or animal husbandry.
   90         Section 4. (1)The term of office of a supervisor serving
   91  on a soil and water conservation district’s governing body at
   92  the time of this act becoming a law expires on January 10, 2023.
   93         (2)By January 1, 2023, a district in existence on July 1,
   94  2022, which was not subdivided in its initial creation pursuant
   95  to chapter 582, Florida Statutes, must be subdivided into five
   96  numbered subdivisions that match, as practicable, the boundaries
   97  of either the five county commission districts or five school
   98  board districts in the county. When neither the county
   99  commission nor the school board is subdivided into five
  100  districts, the Department of Agriculture and Consumer Services
  101  shall subdivide the district into five numbered subdivisions as
  102  nearly equal in area as practicable to ensure geographical
  103  representation within that soil and water conservation
  104  district’s governing body.
  105         (3)The following procedures apply to the election of
  106  supervisors of soil and water conservation districts subdivided
  107  by the department pursuant to subsection (2):
  108         (a)District governing body seats 1, 3, and 5, which have
  109  terms that initially expired in January 2025 or 2027, as
  110  applicable depending on the year in which the district was
  111  formed, shall represent district subdivisions 1, 3, and 5,
  112  respectively. Such seats shall be filled for a term of 4 years.
  113         (b)District governing body seats 2 and 4, which have terms
  114  that initially expired in January 2025 or 2027, as applicable
  115  depending on the year in which the district was formed, shall
  116  represent district subdivisions 2 and 4, respectively. Such
  117  seats shall initially be filled for a term of 2 years in order
  118  to achieve staggered terms; thereafter, any such seats shall be
  119  filled for a term of 4 years as provided under s. 582.19,
  120  Florida Statutes.
  121         Section 5. This act shall take effect upon becoming a law.