Florida Senate - 2022 CS for CS for CS for SB 1078
By the Committees on Appropriations; Ethics and Elections; and
Environment and Natural Resources; and Senator Hutson
576-03522-22 20221078c3
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 requiring candidates to submit a specified affirmation
17 at the time of qualifying; requiring all supervisors
18 of soil and water conservation district governing
19 bodies to be elected at the 2022 general election;
20 specifying that subsequent elections will be held
21 according to certain provisions; providing for the
22 subdivision of certain soil and water conservation
23 districts by a specified date; requiring the
24 department to subdivide certain soil and water
25 conservation districts by a specified date; providing
26 transitional provisions regarding the implementation
27 of newly subdivided districts and the election of
28 supervisors; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Subsection (4) is added to section 582.15,
33 Florida Statutes, to read:
34 582.15 Organization of district, etc.—
35 (4) After the Department of Agriculture and Consumer
36 Services has determined that operation of a proposed district is
37 administratively practicable and feasible and that the district
38 boundaries are wholly located in one county, the district must
39 be subdivided into five numbered subdivisions that match, as
40 practicable, the boundaries of either the five county commission
41 districts or five school board districts within the county. When
42 neither the county commission nor the school board is subdivided
43 into five districts, or when the district is comprised of
44 multiple counties, the department shall subdivide the district
45 into five numbered subdivisions as nearly equal in area as
46 practicable to ensure geographical representation within that
47 soil and water conservation district’s governing body.
48 Section 2. Subsection (1) of section 582.18, Florida
49 Statutes, is amended to read:
50 582.18 Election of supervisors of each district.—
51 (1) The election of supervisors for each soil and water
52 conservation district shall be held every 2 years, with one
53 supervisor elected from each of the five numbered subdivisions
54 created by the department pursuant to s. 582.15(4). The
55 elections shall be held at the time of the general election
56 provided for by s. 100.041. The office of the supervisor of a
57 soil and water conservation district is a nonpartisan office,
58 and candidates for such office are prohibited from campaigning
59 or qualifying for election based on party affiliation.
60 (a) Each candidate for supervisor for such district must
61 shall qualify as directed by chapter 99.
62 (b) Each nominee who collects or expends campaign
63 contributions shall conduct her or his campaign for supervisor
64 of a soil and water conservation district in accordance with the
65 provisions of chapter 106. Candidates who neither receive
66 contributions nor make expenditures, other than expenditures for
67 verification of signatures on petitions, are exempt from the
68 provisions of chapter 106 requiring establishment of bank
69 accounts and appointment of a campaign treasurer, but shall file
70 periodic reports as required by s. 106.07.
71 (c) The names of all nominees on behalf of whom such
72 nominating petitions have been filed shall appear upon ballots
73 in accordance with the general election laws. All qualified
74 electors residing within the district shall be eligible to vote
75 in such election. The candidates who receive the largest number
76 of the votes cast from each group of candidates in such election
77 shall be the elected supervisors from such group for such
78 district. In the case of a newly created district participating
79 in a regular election for the first time, three groups of
80 candidates shall be elected from district subdivisions 1, 3, and
81 5 for terms of 4 years, and candidates two groups shall be
82 elected from district subdivisions 2 and 4 for initial terms of
83 2 years. Each candidate elected shall assume office on the first
84 Tuesday after the first Monday in January following the
85 election.
86 Section 3. Subsection (1) of section 582.19, Florida
87 Statutes, is amended to read:
88 582.19 Qualifications and tenure of supervisors.—
89 (1) The governing body of the district shall consist of
90 five supervisors, elected as provided in s. 582.18 hereinabove.
91 (a) To qualify to serve on the governing body of a
92 district, a supervisor must:
93 1. Be an eligible voter who resides within the numbered
94 subdivision from which she or he is elected; and
95 2. Be actively engaged in, or retired after 10 years of
96 being engaged in, agriculture as defined in s. 570.02; be
97 employed by an agricultural producer; or own, lease, or actively
98 be employed on land classified as agricultural under s. 193.461
99 which has an annual gross revenue of more than $500,000.
100 (b) If, 1 week before the qualifying period, a district
101 subdivision does not have a candidate who meets the
102 qualification requirements of subparagraph (a)1., any eligible
103 voter who resides in the district and who meets the
104 qualification requirements of subparagraph (a)2. may seek to be
105 elected in that district subdivision.
106 (c) At the time of qualifying, a candidate for supervisor
107 shall submit an affirmation in substantially the following form:
108
109 State of Florida
110 County of ....
111
112 Statement of Candidate for Supervisor of Soil and Water
113 Conservation District
114
115 I, ...(Name of candidate)..., a candidate for Supervisor of
116 Soil and Water Conservation District, meet the qualifications
117 pursuant to s. 582.19(1), Florida Statutes, to serve on the
118 governing body of the Soil and Water Conservation District.
119 ...(Signature of candidate)...
120 ...(Address)...
121
122 Sworn to and subscribed before me this .... day of
123 ........, ...(year)...., at .... County, Florida.
124
125 Section 4. (1) Each supervisor for a soil and water
126 conservation district governing body shall be elected at the
127 2022 general election. After the 2022 general election,
128 candidates shall be elected pursuant to s. 582.18(1)(c), Florida
129 Statutes, as amended by this act, and subsection (3).
130 (2) By January 1, 2023, a district in existence on July 1,
131 2022, which was not subdivided in its initial creation pursuant
132 to chapter 582, Florida Statutes, and whose district boundaries
133 are wholly located in one county must be subdivided into five
134 numbered subdivisions that match, as practicable, the boundaries
135 of either the five county commission districts or five school
136 board districts in the county. When neither the county
137 commission nor the school board is subdivided into five
138 districts, or when the district is comprised of multiple
139 counties, the Department of Agriculture and Consumer Services
140 shall subdivide the district into five numbered subdivisions as
141 nearly equal in area as practicable to ensure geographical
142 representation within that soil and water conservation
143 district’s governing body.
144 (3) The following procedures apply to the election of
145 supervisors of soil and water conservation districts subdivided
146 by the department pursuant to subsection (2):
147 (a) District governing body seats 1, 3, and 5, which have
148 terms that initially expired in January 2025 or 2027, as
149 applicable depending on the year in which the district was
150 formed, shall represent district subdivisions 1, 3, and 5,
151 respectively. Such seats shall be filled for a term of 4 years.
152 (b) District governing body seats 2 and 4, which have terms
153 that initially expired in January 2025 or 2027, as applicable
154 depending on the year in which the district was formed, shall
155 represent district subdivisions 2 and 4, respectively. Such
156 seats shall initially be filled for a term of 2 years in order
157 to achieve staggered terms; thereafter, any such seats shall be
158 filled for a term of 4 years as provided under s. 582.19,
159 Florida Statutes.
160 Section 5. This act shall take effect upon becoming a law.