| 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. |