ENROLLED
       2022 Legislature     CS for CS for CS for SB 1078, 1st Engrossed
       
       
       
       
       
       
                                                             20221078er
    1  
    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; creating s. 582.195, F.S.;
   18         requiring mandatory public meetings at least annually
   19         for the supervisors of soil and water conservation
   20         districts; creating s. 582.295, F.S.; providing for
   21         the automatic dissolution of soil and water
   22         conservation districts under certain conditions;
   23         providing for the transfer of the assets and
   24         liabilities of such districts to the department;
   25         exempting automatic dissolutions from specified
   26         provisions; dissolving the Baker Soil and Water
   27         Conservation District and the Martin Soil and Water
   28         Conservation District; transferring the assets and
   29         liabilities of those districts to the department;
   30         requiring all supervisors of soil and water
   31         conservation district governing bodies to be elected
   32         at the 2022 general election; specifying that
   33         subsequent elections will be held according to certain
   34         provisions; providing for the subdivision of certain
   35         soil and water conservation districts by a specified
   36         date; requiring the department to subdivide certain
   37         soil and water conservation districts by a specified
   38         date; providing transitional provisions regarding the
   39         implementation of newly subdivided districts and the
   40         election of supervisors; providing an effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Subsection (4) is added to section 582.15,
   45  Florida Statutes, to read:
   46         582.15 Organization of district, etc.—
   47         (4)After the Department of Agriculture and Consumer
   48  Services has determined that operation of a proposed district is
   49  administratively practicable and feasible and that the district
   50  boundaries are wholly located in one county, the district must
   51  be subdivided into five numbered subdivisions that match, as
   52  practicable, the boundaries of either the five county commission
   53  districts or five school board districts within the county. When
   54  neither the county commission nor the school board is subdivided
   55  into five districts, or when the district is comprised of
   56  multiple counties, the department shall subdivide the district
   57  into five numbered subdivisions as nearly equal in area as
   58  practicable to ensure geographical representation within that
   59  soil and water conservation district’s governing body.
   60         Section 2. Subsection (1) of section 582.18, Florida
   61  Statutes, is amended to read:
   62         582.18 Election of supervisors of each district.—
   63         (1) The election of supervisors for each soil and water
   64  conservation district shall be held every 2 years, with one
   65  supervisor elected from each of the five numbered subdivisions
   66  created by the department pursuant to s. 582.15(4). The
   67  elections shall be held at the time of the general election
   68  provided for by s. 100.041. The office of the supervisor of a
   69  soil and water conservation district is a nonpartisan office,
   70  and candidates for such office are prohibited from campaigning
   71  or qualifying for election based on party affiliation.
   72         (a) Each candidate for supervisor for such district must
   73  shall qualify as directed by chapter 99.
   74         (b) Each nominee who collects or expends campaign
   75  contributions shall conduct her or his campaign for supervisor
   76  of a soil and water conservation district in accordance with the
   77  provisions of chapter 106. Candidates who neither receive
   78  contributions nor make expenditures, other than expenditures for
   79  verification of signatures on petitions, are exempt from the
   80  provisions of chapter 106 requiring establishment of bank
   81  accounts and appointment of a campaign treasurer, but shall file
   82  periodic reports as required by s. 106.07.
   83         (c) The names of all nominees on behalf of whom such
   84  nominating petitions have been filed shall appear upon ballots
   85  in accordance with the general election laws. All qualified
   86  electors residing within the district shall be eligible to vote
   87  in such election. The candidates who receive the largest number
   88  of the votes cast from each group of candidates in such election
   89  shall be the elected supervisors from such group for such
   90  district. In the case of a newly created district participating
   91  in a regular election for the first time, three groups of
   92  candidates shall be elected from district subdivisions 1, 3, and
   93  5 for terms of 4 years, and candidates two groups shall be
   94  elected from district subdivisions 2 and 4 for initial terms of
   95  2 years. Each candidate elected shall assume office on the first
   96  Tuesday after the first Monday in January following the
   97  election.
   98         Section 3. Subsection (1) of section 582.19, Florida
   99  Statutes, is amended to read:
  100         582.19 Qualifications and tenure of supervisors.—
  101         (1) The governing body of the district shall consist of
  102  five supervisors, elected as provided in s. 582.18 hereinabove.
  103         (a)To qualify to serve on the governing body of a
  104  district, a supervisor must be an eligible voter who resides in
  105  the district and who:
  106         1.Is actively engaged in, or retired after 10 years of
  107  being engaged in, agriculture as defined in s. 570.02;
  108         2.Is employed by an agricultural producer; or
  109         3.Owns, leases, or is actively employed on land classified
  110  as agricultural under s. 193.461.
  111         (b)At the time of qualifying, a candidate for supervisor
  112  shall submit an affirmation in substantially the following form:
  113  
  114         State of Florida
  115         County of ....
  116  
  117       Statement of Candidate for Supervisor of Soil and Water     
  118                        Conservation District                      
  119  
  120         I, ...(Name of candidate)..., a candidate for Supervisor of
  121  Soil and Water Conservation District, meet the qualifications
  122  pursuant to s. 582.19(1), Florida Statutes, to serve on the
  123  governing body of the Soil and Water Conservation District.
  124  ...(Signature of candidate)...
  125  ...(Address)...
  126  
  127         Sworn to and subscribed before me this .... day of
  128  ........, ...(year)...., at .... County, Florida.
  129         Section 4. Section 582.195, Florida Statutes, is created to
  130  read:
  131         582.195Mandatory meeting of supervisors.All five
  132  supervisors of the governing body of each district shall meet at
  133  least once per calendar year in a public meeting pursuant to s.
  134  286.011.
  135         Section 5. Section 582.295, Florida Statutes, is created to
  136  read:
  137         582.295Automatic dissolution of districts.
  138         (1)If the governing body of a district fails to meet as
  139  required under s. 582.195, the district shall be automatically
  140  dissolved as of January 1 of the year immediately following the
  141  year in which the governing body failed to meet. All assets and
  142  liabilities of the district shall be transferred to the
  143  Department of Agriculture and Consumer Services.
  144         (2)Sections 189.076, 582.30, 582.31, and 582.32 do not
  145  apply to dissolution of a district under this section.
  146         Section 6. The Department of Economic Opportunity declared
  147  the Baker Soil and Water Conservation District inactive on
  148  August 3, 2020, and the Martin Soil and Water Conservation
  149  District inactive on March 17, 2020; therefore, the districts
  150  are hereby dissolved and all assets and liabilities of the
  151  districts are transferred to the Department of Agriculture and
  152  Consumer Services.
  153         Section 7. (1)Each supervisor for a soil and water
  154  conservation district governing body shall be elected at the
  155  2022 general election. After the 2022 general election,
  156  candidates shall be elected pursuant to s. 582.18(1)(c), Florida
  157  Statutes, as amended by this act, and subsection (3).
  158         (2)By January 1, 2023, a district in existence on July 1,
  159  2022, which was not subdivided in its initial creation pursuant
  160  to chapter 582, Florida Statutes, and whose district boundaries
  161  are wholly located in one county must be subdivided into five
  162  numbered subdivisions that match, as practicable, the boundaries
  163  of either the five county commission districts or five school
  164  board districts in the county. When neither the county
  165  commission nor the school board is subdivided into five
  166  districts, or when the district is comprised of multiple
  167  counties, the Department of Agriculture and Consumer Services
  168  shall subdivide the district into five numbered subdivisions as
  169  nearly equal in area as practicable to ensure geographical
  170  representation within that soil and water conservation
  171  district’s governing body.
  172         (3)The following procedures apply to the election of
  173  supervisors of soil and water conservation districts subdivided
  174  by the department pursuant to subsection (2):
  175         (a)District governing body seats 1, 3, and 5, which have
  176  terms that initially expired in January 2025 or 2027, as
  177  applicable depending on the year in which the district was
  178  formed, shall represent district subdivisions 1, 3, and 5,
  179  respectively. Such seats shall be filled for a term of 4 years.
  180         (b)District governing body seats 2 and 4, which have terms
  181  that initially expired in January 2025 or 2027, as applicable
  182  depending on the year in which the district was formed, shall
  183  represent district subdivisions 2 and 4, respectively. Such
  184  seats shall initially be filled for a term of 2 years in order
  185  to achieve staggered terms; thereafter, any such seats shall be
  186  filled for a term of 4 years as provided under s. 582.19,
  187  Florida Statutes.
  188         Section 8. This act shall take effect upon becoming a law.