1 | A bill to be entitled |
2 | An act relating to soil and water conservation districts |
3 | and watershed improvement districts; amending ss. 582.12 |
4 | and 582.30, F.S.; revising eligibility requirements to |
5 | vote in a referendum on the creation or discontinuance of |
6 | a soil and water conservation district; amending s. |
7 | 582.36, F.S.; revising eligibility requirements to vote in |
8 | a referendum on the creation of a watershed improvement |
9 | district; providing an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Section 582.12, Florida Statutes, is amended to |
14 | read: |
15 | 582.12 Referendum for creation.--After the Department of |
16 | Agriculture and Consumer Services has made and recorded a |
17 | determination that there is need, in the interest of the public |
18 | health, safety, and welfare, for the organization of a district |
19 | in a particular territory and has defined the boundaries |
20 | thereof, it shall consider the question whether the operation of |
21 | a district within such boundaries with the powers conferred upon |
22 | soil and water conservation districts in this chapter is |
23 | administratively practicable and feasible. To assist the |
24 | department in the determination of such administrative |
25 | practicability and feasibility, the department, within a |
26 | reasonable time after entry of the finding that there is need |
27 | for the organization of the proposed district and the |
28 | determination of the boundaries thereof, shall hold a referendum |
29 | within the proposed district upon the proposition of the |
30 | creation of the district, and cause due notice of such |
31 | referendum to be given. The question shall be submitted by |
32 | ballots upon which the words "For creation of a soil and water |
33 | conservation district of the lands below described and lying in |
34 | the County (ies) of _____, _____, (and) _____" and "Against |
35 | creation of a soil and water conservation district of the lands |
36 | below described and lying in the County (ies) of _____ (and) |
37 | _____" shall appear with a square before each proposition and a |
38 | direction to insert an X mark in the square before one or the |
39 | other of said propositions as the voter may favor or oppose |
40 | creation of such district. The ballot shall set forth the |
41 | boundaries of such proposed district as determined by the |
42 | department. All qualified electors owners of lands lying within |
43 | the boundaries of the territory, as determined by the |
44 | department, are shall be eligible to vote in such referendum. |
45 | Only such landowners shall be eligible to vote. |
46 | Section 2. Subsection (1) of section 582.30, Florida |
47 | Statutes, is amended to read: |
48 | 582.30 Discontinuance of districts; referendum; |
49 | commissioner's authority.-- |
50 | (1) Any time after 5 years from the organization of a |
51 | district under the provisions of this chapter, any 10 percent of |
52 | owners of land lying within the boundaries of such district may |
53 | file a petition with the Department of Agriculture and Consumer |
54 | Services praying that the operations of the district be |
55 | terminated and the existence of the district discontinued. The |
56 | department may conduct such public meetings and public hearings |
57 | upon petition as may be necessary to assist it in the |
58 | consideration thereof. Within 60 days after such a petition has |
59 | been received by the department it shall give due notice of the |
60 | holding of a referendum, and shall supervise such referendum, |
61 | and issue appropriate regulations governing the conduct thereof, |
62 | the question to be submitted by ballots upon which the words |
63 | "For terminating the existence of the (Name of the soil and |
64 | water conservation district to be here inserted) " and "Against |
65 | terminating the existence of the (Name of the soil and water |
66 | conservation district to be here inserted) " shall appear with |
67 | a square before each proposition and a direction to insert an X |
68 | mark in the square before one or the other of said propositions |
69 | as the voter may favor or oppose discontinuance of such |
70 | district. All qualified electors owners of lands lying within |
71 | the boundaries of the district are shall be eligible to vote in |
72 | such referendum. Only such landowners shall be eligible to vote. |
73 | No informalities in the conduct of such referendum or in any |
74 | matters relating thereto shall invalidate said referendum or the |
75 | result thereof if notice thereof shall have been given |
76 | substantially as herein provided and said referendum shall have |
77 | been fairly conducted. |
78 | Section 3. Section 582.36, Florida Statutes, is amended to |
79 | read: |
80 | 582.36 Determination of feasibility of proposed district; |
81 | referendum.--After the supervisors have determined that a need |
82 | for the proposed watershed improvement district exists, have |
83 | defined the boundaries of the proposed district, and have |
84 | obtained the approval of the Department of Agriculture and |
85 | Consumer Services for the formation of the proposed district, |
86 | the supervisors shall consider the question of whether the |
87 | operation of the proposed district is administratively |
88 | practicable and feasible. To assist the supervisors in |
89 | determining such question, a referendum shall be held by the |
90 | supervisors upon the proposition of the creation of the proposed |
91 | district. Due notice of such referendum shall be given by the |
92 | supervisors, and ballots therefor shall be in substantially the |
93 | form set forth in s. 582.12, but the proposed district and name |
94 | thereof shall be substituted for the soil and water conservation |
95 | district, and the millage rate to be approved by all qualified |
96 | the electors who are owners of freeholds within the proposed |
97 | watershed improvement district not wholly exempt from taxation |
98 | shall be included. At such referendum each owner of land lying |
99 | within the proposed district shall be entitled to cast one vote, |
100 | in person or by proxy, for each acre or fractional part thereof |
101 | of land within the proposed district belonging to such owner, |
102 | except that only one vote may be cast for each such acre or |
103 | fractional part thereof regardless of whether the legal title |
104 | thereto is held in single or multiple ownership. The supervisors |
105 | may prescribe such rules and regulations governing the conduct |
106 | of the hearing and referendum as they deem necessary. |
107 | Section 4. This act shall take effect July 1, 2008. |