HB 865

1
A bill to be entitled
2An act relating to soil and water conservation districts
3and watershed improvement districts; amending ss. 582.12
4and 582.30, F.S.; revising eligibility requirements to
5vote in a referendum on the creation or discontinuance of
6a soil and water conservation district; amending s.
7582.36, F.S.; revising eligibility requirements to vote in
8a referendum on the creation of a watershed improvement
9district; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Section 582.12, Florida Statutes, is amended to
14read:
15     582.12  Referendum for creation.--After the Department of
16Agriculture and Consumer Services has made and recorded a
17determination that there is need, in the interest of the public
18health, safety, and welfare, for the organization of a district
19in a particular territory and has defined the boundaries
20thereof, it shall consider the question whether the operation of
21a district within such boundaries with the powers conferred upon
22soil and water conservation districts in this chapter is
23administratively practicable and feasible. To assist the
24department in the determination of such administrative
25practicability and feasibility, the department, within a
26reasonable time after entry of the finding that there is need
27for the organization of the proposed district and the
28determination of the boundaries thereof, shall hold a referendum
29within the proposed district upon the proposition of the
30creation of the district, and cause due notice of such
31referendum to be given. The question shall be submitted by
32ballots upon which the words "For creation of a soil and water
33conservation district of the lands below described and lying in
34the County (ies) of _____, _____, (and) _____" and "Against
35creation of a soil and water conservation district of the lands
36below described and lying in the County (ies) of _____ (and)
37_____" shall appear with a square before each proposition and a
38direction to insert an X mark in the square before one or the
39other of said propositions as the voter may favor or oppose
40creation of such district. The ballot shall set forth the
41boundaries of such proposed district as determined by the
42department. All qualified electors owners of lands lying within
43the boundaries of the territory, as determined by the
44department, are shall be eligible to vote in such referendum.
45Only such landowners shall be eligible to vote.
46     Section 2.  Subsection (1) of section 582.30, Florida
47Statutes, is amended to read:
48     582.30  Discontinuance of districts; referendum;
49commissioner's authority.--
50     (1)  Any time after 5 years from the organization of a
51district under the provisions of this chapter, any 10 percent of
52owners of land lying within the boundaries of such district may
53file a petition with the Department of Agriculture and Consumer
54Services praying that the operations of the district be
55terminated and the existence of the district discontinued. The
56department may conduct such public meetings and public hearings
57upon petition as may be necessary to assist it in the
58consideration thereof. Within 60 days after such a petition has
59been received by the department it shall give due notice of the
60holding of a referendum, and shall supervise such referendum,
61and issue appropriate regulations governing the conduct thereof,
62the question to be submitted by ballots upon which the words
63"For terminating the existence of the   (Name of the soil and
64water conservation district to be here inserted)  " and "Against
65terminating the existence of the   (Name of the soil and water
66conservation district to be here inserted)  " shall appear with
67a square before each proposition and a direction to insert an X
68mark in the square before one or the other of said propositions
69as the voter may favor or oppose discontinuance of such
70district. All qualified electors owners of lands lying within
71the boundaries of the district are shall be eligible to vote in
72such referendum. Only such landowners shall be eligible to vote.
73No informalities in the conduct of such referendum or in any
74matters relating thereto shall invalidate said referendum or the
75result thereof if notice thereof shall have been given
76substantially as herein provided and said referendum shall have
77been fairly conducted.
78     Section 3.  Section 582.36, Florida Statutes, is amended to
79read:
80     582.36  Determination of feasibility of proposed district;
81referendum.--After the supervisors have determined that a need
82for the proposed watershed improvement district exists, have
83defined the boundaries of the proposed district, and have
84obtained the approval of the Department of Agriculture and
85Consumer Services for the formation of the proposed district,
86the supervisors shall consider the question of whether the
87operation of the proposed district is administratively
88practicable and feasible. To assist the supervisors in
89determining such question, a referendum shall be held by the
90supervisors upon the proposition of the creation of the proposed
91district. Due notice of such referendum shall be given by the
92supervisors, and ballots therefor shall be in substantially the
93form set forth in s. 582.12, but the proposed district and name
94thereof shall be substituted for the soil and water conservation
95district, and the millage rate to be approved by all qualified
96the electors who are owners of freeholds within the proposed
97watershed improvement district not wholly exempt from taxation
98shall be included. At such referendum each owner of land lying
99within the proposed district shall be entitled to cast one vote,
100in person or by proxy, for each acre or fractional part thereof
101of land within the proposed district belonging to such owner,
102except that only one vote may be cast for each such acre or
103fractional part thereof regardless of whether the legal title
104thereto is held in single or multiple ownership. The supervisors
105may prescribe such rules and regulations governing the conduct
106of the hearing and referendum as they deem necessary.
107     Section 4. This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.