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A bill to be entitled

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An act relating to soil and water conservation districts

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and watershed improvement districts; amending ss. 582.12

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and 582.30, F.S.; revising eligibility requirements to

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vote in a referendum on the creation or discontinuance of

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a soil and water conservation district; amending s.

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582.36, F.S.; revising eligibility requirements to vote in

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a referendum on the creation of a watershed improvement

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district; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 582.12, Florida Statutes, is amended to

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read:

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     582.12  Referendum for creation.--After the Department of

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Agriculture and Consumer Services has made and recorded a

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determination that there is need, in the interest of the public

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health, safety, and welfare, for the organization of a district

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in a particular territory and has defined the boundaries thereof,

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it shall consider the question whether the operation of a

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district within such boundaries with the powers conferred upon

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soil and water conservation districts in this chapter is

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administratively practicable and feasible. To assist the

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department in the determination of such administrative

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practicability and feasibility, the department, within a

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reasonable time after entry of the finding that there is need for

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the organization of the proposed district and the determination

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of the boundaries thereof, shall hold a referendum within the

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proposed district upon the proposition of the creation of the

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district, and cause due notice of such referendum to be given.

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The question shall be submitted by ballots upon which the words

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"For creation of a soil and water conservation district of the

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lands below described and lying in the County (ies) of _____,

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_____, (and) _____" and "Against creation of a soil and water

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conservation district of the lands below described and lying in

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the County (ies) of _____ (and) _____" shall appear with a square

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before each proposition and a direction to insert an X mark in

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the square before one or the other of said propositions as the

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voter may favor or oppose creation of such district. The ballot

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shall set forth the boundaries of such proposed district as

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determined by the department. All qualified electors owners of

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lands lying within the boundaries of the territory, as determined

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by the department, are shall be eligible to vote in such

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referendum. Only such landowners shall be eligible to vote.

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     Section 2.  Subsection (1) of section 582.30, Florida

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Statutes, is amended to read:

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     582.30  Discontinuance of districts; referendum;

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commissioner's authority.--

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     (1)  Any time after 5 years from the organization of a

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district under the provisions of this chapter, any 10 percent of

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owners of land lying within the boundaries of such district may

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file a petition with the Department of Agriculture and Consumer

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Services praying that the operations of the district be

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terminated and the existence of the district discontinued. The

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department may conduct such public meetings and public hearings

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upon petition as may be necessary to assist it in the

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consideration thereof. Within 60 days after such a petition has

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been received by the department it shall give due notice of the

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holding of a referendum, and shall supervise such referendum, and

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issue appropriate regulations governing the conduct thereof, the

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question to be submitted by ballots upon which the words "For

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terminating the existence of the   (Name of the soil and water

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conservation district to be here inserted)  " and "Against

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terminating the existence of the   (Name of the soil and water

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conservation district to be here inserted)  " shall appear with a

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square before each proposition and a direction to insert an X

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mark in the square before one or the other of said propositions

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as the voter may favor or oppose discontinuance of such district.

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All qualified electors owners of lands lying within the

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boundaries of the district are shall be eligible to vote in such

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referendum. Only such landowners shall be eligible to vote. No

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informalities in the conduct of such referendum or in any matters

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relating thereto shall invalidate said referendum or the result

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thereof if notice thereof shall have been given substantially as

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herein provided and said referendum shall have been fairly

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conducted.

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     Section 3.  Section 582.36, Florida Statutes, is amended to

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read:

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     582.36  Determination of feasibility of proposed district;

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referendum.--After the supervisors have determined that a need

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for the proposed watershed improvement district exists, have

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defined the boundaries of the proposed district, and have

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obtained the approval of the Department of Agriculture and

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Consumer Services for the formation of the proposed district, the

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supervisors shall consider the question of whether the operation

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of the proposed district is administratively practicable and

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feasible. To assist the supervisors in determining such question,

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a referendum shall be held by the supervisors upon the

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proposition of the creation of the proposed district. Due notice

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of such referendum shall be given by the supervisors, and ballots

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therefor shall be in substantially the form set forth in s.

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582.12, but the proposed district and name thereof shall be

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substituted for the soil and water conservation district, and the

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millage rate to be approved by all qualified the electors who are

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owners of freeholds within the proposed watershed improvement

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district not wholly exempt from taxation shall be included. At

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such referendum each owner of land lying within the proposed

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district shall be entitled to cast one vote, in person or by

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proxy, for each acre or fractional part thereof of land within

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the proposed district belonging to such owner, except that only

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one vote may be cast for each such acre or fractional part

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thereof regardless of whether the legal title thereto is held in

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single or multiple ownership. The supervisors may prescribe such

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rules and regulations governing the conduct of the hearing and

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referendum as they deem necessary.

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     Section 4.  This act shall take effect July 1, 2008.