HB 0711 2003
1	A bill to be entitled
2	An act relating to soil and water conservation; amending
3	s. 189.403, F.S.; revising definition of the term “special
4	district” to exclude soil and water conservation
5	districts; amending s. 582.06, F.S.; increasing membership
6	of the Soil and Water Conservation Council; specifying
7	qualifications for members; amending ss. 582.10 and
8	582.30, F.S.; revising provisions relating to the creation
9	and discontinuance of soil and water conservation
10	districts; authorizing the Commissioner of Agriculture to
11	dissolve or discontinue a district; providing an effective
12	date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Subsection (1) of section 189.403, Florida
17	Statutes, is amended to read:
18	189.403 Definitions.-- As used in this chapter, the term:
19	(1) "Special district" means a local unit of special
20	purpose, as opposed to general-purpose, government within a
21	limited boundary, created by general law, special act, local
22	ordinance, or by rule of the Governor and Cabinet. The special
23	purpose or purposes of special districts are implemented by
24	specialized functions and related prescribed powers. For the
25	purpose of s. 196.199(1), special districts shall be treated as
26	municipalities. The term does not include a school district, a
27	community college district, a special improvement district
28	created pursuant to s. 285.17, a soil and water conservation
29	district created pursuant to s. 582.10,a municipal service
30	taxing or benefit unit as specified in s. 125.01, or a board
31	which provides electrical service and which is a political
32	subdivision of a municipality or is part of a municipality.
33	Section 2. Subsection (1) of section 582.06, Florida
34	Statutes, is amended to read:
35	582.06 Soil and Water Conservation Council; powers and
36	duties.--
37	(1) COMPOSITION.-- The Soil and Water Conservation Council
38	is created in the Department of Agriculture and Consumer
39	Services and shall be composed of 23nine members as followswho
40	shall:
41	(a) Eleven members shall be persons who have been involved
42	in the practice ofpracticing soil or water conservation, or in
43	the development or implementation of interim measures or best
44	management practices related thereto, and who have been engaged
45	in agriculture or an occupation related to the agricultural
46	industryfarming for at least 5 continuousyears at the time of
47	their appointment.
48	(b) Twelve nonvoting ex officio members shall include one
49	representative each from the Department of Environmental
50	Protection, the five water management districts, the Institute
51	of Food and Agricultural Sciences at the University of Florida,
52	the United States Department of Agriculture Natural Resources
53	Conservation Service, the Florida Association of Counties, the
54	Florida League of Cities, and two representatives of
55	environmental interests.
56	(c)(b)All members shall be appointed by the commissioner.
57	Ex officio members shall be appointed by the commissioner from
58	recommendations provided by the organization or interest
59	represented.No two members shall be appointed from the same
60	congressional district.
61	(d)(c)Members shallserve 4-year terms or until their
62	successors are duly qualified and appointed. If a vacancy
63	occurs, it shall be filled for the remainder of the term in the
64	manner of an initial appointment.
65	Section 3. Subsection (1) of section 582.10, Florida
66	Statutes, is amended to read:
67	582.10 Creation of soil and water conservation
68	districts.--
69	(1) Any 10 percent of25owners of land lying within the
70	limits of the territory proposed to be organized into a district
71	may file a petition with the Department of Agriculture and
72	Consumer Services, asking that a soil and water conservation
73	district be organized to function in the territory described in
74	the petition. Such petition shall set forth:
75	(a) The proposed name of said district.
76	(b) That there is need, in the interest of the public
77	health, safety, and welfare, for a soil and water conservation
78	district to function in the territory described in the petition.
79	(c) A description of the territory proposed to be
80	organized as a district, which description shall not be required
81	to be given by metes and bounds or by legal subdivisions, but
82	shall be deemed sufficient if generally accurate.
83	(d) A request that the department duly define the
84	boundaries for such district; that a referendum be held within
85	the territory so defined on the question of the creation of a
86	soil and water conservation district in such territory; and that
87	the department determine that such a district be created.
88	Section 4. Section 582.30, Florida Statutes, is amended to
89	read:
90	582.30 Discontinuance of districts; referendum;
91	commissioner’s authority.--
92	(1) Any time after 5 years from the organization of a
93	district under the provisions of this chapter, any 10 percent of
94	25owners of land lying within the boundaries of such district
95	may file a petition with the Department of Agriculture and
96	Consumer Services praying that the operations of the district be
97	terminated and the existence of the district discontinued. The
98	department may conduct such public meetings and public hearings
99	upon petition as may be necessary to assist it in the
100	consideration thereof. Within 60 days after such a petition has
101	been received by the department it shall give due notice of the
102	holding of a referendum, and shall supervise such referendum,
103	and issue appropriate regulations governing the conduct thereof,
104	the question to be submitted by ballots upon which the words
105	"For terminating the existence of the _____ (Name of the soil
106	and water conservation district to be here inserted)" and
107	"Against terminating the existence of the _____ (Name of the
108	soil and water conservation district to be here inserted)" shall
109	appear with a square before each proposition and a direction to
110	insert an X mark in the square before one or the other of said
111	propositions as the voter may favor or oppose discontinuance of
112	such district. All owners of lands lying within the boundaries
113	of the district shall be eligible to vote in such referendum.
114	Only such landowners shall be eligible to vote. No informalities
115	in the conduct of such referendum or in any matters relating
116	thereto shall invalidate said referendum or the result thereof
117	if notice thereof shall have been given substantially as herein
118	provided and said referendum shall have been fairly conducted.
119	(2) If two-thirds or more of the qualified voters in such
120	referendum shall have voted for the discontinuance of the
121	district, the department shall certify to the supervisors of the
122	district the result of such referendum and that the continued
123	operation of the district is not administratively practicable
124	and feasible.
125	(3) In the alternative, upon review and recommendation of
126	the Soil and Water Conservation Council regarding the continued
127	viability of a district, the Commissioner of Agriculture may
128	dissolve or discontinue such district if the commissioner
129	certifies that the continued operation of the district is not
130	administratively practicable and feasible. Notice of such
131	proposed certification shall be published once a week for 2
132	weeks in a newspaper of general circulation within the county or
133	counties wherein the district is located, stating the name of
134	the district, a general description of the territory included in
135	the district, and that any objections to the proposed
136	dissolution or any claims against the assets of the district
137	shall be filed with the department clerk not later than 60 days
138	following the date of last publication.
139	Section 5. This act shall take effect July 1, 2003.