This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0783.LAV
DATE: 2/11/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 783 Soil and Water Conservation Districts
SPONSOR(S): Truenow
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs
Subcommittee
Leshko Miller
2) State Affairs Committee
SUMMARY ANALYSIS
In 1937, the Florida Legislature enacted ch. 582, F.S., also known as the Soil and Water Conservation Law.
This legislation established a state and local partnership with the federal government to protect and restore soil
and water resources and to assist private landowners in using conservation practices, creating the soil and
water conservation districts (SWCD). The purpose of SWCD is to provide assistance, guidance, and education
to landowners, land occupiers, the agricultural industry, and the general public in implementing land and water
resource protection practices.
Currently, there are 56 active independent SWCD, five active dependent SWCD, and two inactive SWCD.
The bill repeals ch. 582, F.S., abolishing all SWCD and provides that all assets and liabilities of the active
independent SWCD transfer to one of the five water management districts and all assets and liabilities of the
active dependent districts transfer to the county within which they are currently located. The bill makes
additional conforming changes.
The bill is not projected to significantly impact state and local mandatory revenues or expenses.
STORAGE NAME: h0783.LAV PAGE: 2
DATE: 2/11/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Special Districts
A "special district" is a unit of local government created for a particular purpose, with jurisdiction to
operate within a limited geographic boundary.
1
Special districts are created by general law, special act,
local ordinance, or by rule of the Governor and Cabinet.
2
The charter of a special district created by
special act may be altered or amended by subsequent special acts.
3
A special district has only those
powers expressly provided by, or reasonably implied from, the authority provided in the district’s
charter. Special districts provide specific municipal services in addition to, or in place of, those provided
by a municipality or county.
4
A “dependent special district” is a special district created by and subject to
significant control by the governing body of a single county or municipality.
5
An “independent special
district” is any district that is not a dependent special district.
6
Special districts do not possess “home rule” powers and may impose only those taxes, assessments, or
fees authorized by special or general law. The special act creating an independent special district may
provide for funding from a variety of sources while prohibiting others. For example, ad valorem tax
authority is not mandatory for a special district.
7
Inactive Special Districts
Special districts are declared inactive when the Department of Economic Opportunity (DEO) is notified
that the district has taken no action for at least two years, the district has not had a governing body or a
sufficient number of governing body members to constitute a quorum for at least two years, the district
has unanimously adopted a resolution declaring the district inactive, the district fails to respond to an
inquiry from DEO within 21 days, the district has failed to file certain reports,
8
or the district has not had
a registered office and agent on file with DEO for at least a year.
9
If a special district is declared inactive
the property or assets of the district are subject to legal process for payment of any debts of the district.
After the payment of any outstanding debts, the remainder of its property or assets escheats to the
county or municipality wherein the district is located.
10
A special district declared inactive must be
dissolved by repealing its enabling laws or by other means.
11
It is in the public interest that any
independent special district created pursuant to state law not outlive its usefulness.
12
1
See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
2
See ss. 189.02(1), 189.031(3), and. 190.005(1), F.S.; See generally s. 189.012(6), F.S.
3
Local Administration and Veterans Affairs Subcommittee, Local Bill Policies and Procedures Manual 2020 – 2022, p. 23,
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&S
ession=2021&DocumentType=General+Publications&FileName=2021-
2022+Local+Bill+Policy+and+Procedures+Manual.pdf (last accessed Feb. 10, 2022).
4
Local Administration and Veterans Affairs Subcommittee, The Local Gov’t Formation Manual 2020 – 2022, pp. 60-61,
https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&Sessio
n=2021&DocumentType=General+Publications&FileName=2021 -2022+Local+Government+Formation+Manual.pdf (last
accessed Feb. 10, 2022).
5
S. 189.012(2), F.S. Types of such control include the county or municipality governing body acting as the district
governing body, having the authority to appoint or remove at will district board members, or having final approval authority
over the district’s budget.
6
S. 189.012(3), F.S.
7
Art. VII, s. 9(a), Fla. Const.
8
S. 189.066, F.S.
9
S. 189.062(1)(a), F.S.
10
S. 189.062(2), F.S.
11
Ss. 189.071 and 189.072, F.S. (providing for the merger or dissolution of a dependent special district and the
dissolution of an independent special district, respectively).
12
S. 189.03(1)(b), F.S. STORAGE NAME: h0783.LAV PAGE: 3
DATE: 2/11/2022
Dissolution of Special Districts
If not by voluntary action, an active, independent special district created by special act may be
dissolved by vote of the resident electors of the district or the affected landowners, if the majority of
members of the district’s governing body are elected by landowners.
13
If the district was created by a
county or municipality, it may be dissolved by local referendum or the same procedure by which the
district was created.
14
Additionally, a dependent special district may be merged or dissolved by an
ordinance of the county or municipality within which it is located.
15
However, any dependent special
district created by special act may only be dissolved by act of the Legislature.
16
Upon dissolution of a special district the title to all district property shall transfer to the local general-
purpose government, which also must assume all indebtedness of the preexisting special district.
17
Soil and Water Conservation Districts (SWCD)
History and Purpose of SWCD
In response to the 1930’s Dust Bowl disaster,
18
in 1935 the United States Congress declared soil and
water conservation a national policy and priority, intending to elicit the active support of landowners on
a local level. Shortly thereafter, in 1937, the Florida Legislature enacted ch. 582, F.S., also known as
the Soil and Water Conservation Law.
19
This legislation established a state and local partnership with
the federal government to protect and restore soil and water resources and to assist private landowners
in using conservation practices, providing for the creation of SWCD.
20
The purpose of SWCD is to
provide assistance, guidance, and education to landowners, land occupiers, the agricultural industry,
and the general public in implementing land and water resource protection practices.
21
The overall goal
of creating SWCD was to promote the efficient use of soil and water resources by protecting water
quality and preventing floodwater and sediment damage.
22
Other State and Regional Governmental Agencies and SWCD Associations
Since the creation of SWCD, Florida has established other state and regional governmental agencies
to manage and protect the state’s land and water resources, as well as to regulate water supply, water
quality, and flood control: the Florida Department of Environmental Protection (DEP) and the five water
management districts (WMD).
23
13
S. 189.072(2)(a), F.S.
14
S. 189.072(2)(b), F.S.
15
S. 189.071(1), F.S.
16
S. 189.071(2), F.S.
17
S. 189.076(2), F.S.
18
“[N]ame given to the drought-stricken Southern Plains regions of the United States, which suffered severe dust storms
during a dry period in the 1930s. . . . By 1934, an estimated 35 million acres of formerly cultivated land had been rendered
useless for farming, while another 125 million acres . . . was rapidly losing its topsoil.” History, Dust Bowl, (Aug. 5, 2020),
https://www.history.com/topics/great-depression/dust-bowl (last visited Feb. 10, 2022).
19
Ch. 1937-18144, Laws of Florida.; Association of Florida Conservation Districts, History of Conservation Districts,
https://afcd.us/history/ (last visited Feb. 10, 2022).
20
Florida Department of Agriculture and Consumer Services (FDACS), Florida Soil and Water Conservation District
Supervisor Handbook (2018), https://www.fdacs.gov/content/download/96781/file/florida-soil-and-water-conservation-
district-supervisor-handbook.pdf (last visited Feb. 10, 2022).
21
S. 582.02(4), F.S.
22
Michael T. Olexa, Tatiana Borisova, and Jarrett Davis, Handbook of Florida Water Regulation: Soil and Water
Conservation Districts, Institute of Food and Agricultural Sciences, University of Florida,
https://edis.ifas.ufl.edu/pdf%5CFE%5CFE101700.pdf (last visited Feb. 10, 2022).
23
FDACS, supra, at 1; The five WMD in Florida are: the Northwest Florida WMD, the Suwannee River WMD, the St.
Johns River WMD, the Southwest Florida WMD, and the South Florida WMD. S. 373.069(1), F.S. STORAGE NAME: h0783.LAV PAGE: 4
DATE: 2/11/2022
In addition to their association with DEP and the WMD, SWCD coordinate with a variety of other
entities, including the Florida Department of Agriculture and Consumer Services (FDACS) and its Office
of Agricultural Policy, the U.S. Department of Agriculture, the Natural Resources Conservation Service,
the National Association of Conservation Districts, the Association of Florida Conservation Districts, the
Florida Conservation District Employees Association, the University of Florida’s Institute of Food and
Agricultural Sciences, Florida Farm Bureau, and DEO. SWCD also partner with the counties they
serve, specifically for conservation and education. The counties are a significant source of funding and
other resources for SWCD. Supervisors of a SWCD may also invite any municipality or county located
within or near its boundaries to designate a representative from its legislative body to advise and
consult with the supervisors on all questions of program and policy which may affect the property, water
supply, or other interest of such municipality or county.
24
The boards of county commissioners may
assist SWCD with partnership opportunities and local conservation projects.
25
Creation of SWCD
Any 10 percent of landowners within the territory of the proposed SWCD may petition the FDACS to
organize a SWCD. The petition must include the following:
The proposed name of the SWCD;
That there is a need, in the interest of the public health, safety, and welfare, for a SWCD to
function in the territory;
A description of the territory proposed to be organized as a SWCD; and
A request that DEO define the boundaries for such SWCD, hold a referendum within the
territory on the question of the creation of a SWCD in the territory, and determine that such a
district be created.
26
Within 30 days of such a petition being filed, DEO must give notice and hold a meeting of affected
landowners to discuss the desirability and necessity of creating such a district, the appropriate
boundaries, and the accuracy and completeness of the petition. If after the first hearing creating such a
district appears desirable, a second hearing must be held and noticed throughout the entire area
considered for inclusion in the district. After both hearings DEO determines whether there is a need for
a SWCD and either grants or denies the petition. A new petition regarding the same or substantially
same territory cannot be refiled for six months after a denial.
27
If DEO grants a petition for creation of a SWCD, FDACS must then determine whether the creation of
such a district is administratively practicable and feasible. FDACS holds a referendum within the
proposed district at which all owners of land lying within the boundaries of the territory shall be eligible
to vote.
28
Additionally, FDACS takes into account a variety of economic and social factors that may be
relevant to the determination, but may not determine that the creation of a SWCD is administratively
practicable and feasible unless at least a majority of the votes cast at the referendum are in favor of the
creation of the district.
29
If FDACS determines that the operation of the proposed SWCD within the defined boundaries is
administratively practicable and feasible, an application must be filed with the Department of State
accompanied by a statement from FDACS certifying that the proper proceedings were taken upon the
filing of the initial petition for creation.
30
The Department of State, pending any issues with the name
chosen for the district, will thereafter record the application and statement and issue a certificate of the
due organization of the district and thereafter record the certificate.
31
24
S. 582.19(5), F.S.
25
FDACS, supra, at 17-20.
26
S. 582.10(1)(a-d), F.S.
27
S. 582.11, F.S.
28
S. 582.12, F.S.; FDACS pays all expenses for the issuance of required notices and the conduct of hearings and
referenda. S. 582.13, F.S.
29
S. 582.14, F.S.
30
S. 582.15(1), F.S.
31
S. 582.15(2), F.S. STORAGE NAME: h0783.LAV PAGE: 5
DATE: 2/11/2022
Soil and Water Conservation Council
32
The Soil and Water Conservation Council (Council) in FDACS is intended to serve as an oversight
function for SWCD.
33
The Council is composed of seven members who have been involved in the
practice of soil or water conservation, or in the development or implementation of interim measures or
best management practices related thereto, and who have been engaged in agriculture or an
occupation related to the agricultural industry for at least five years at the time of their appointment.
34
The Commissioner of FDACS (Commissioner) appoints each member to four-year terms.
35
The Council
is tasked with reviewing requests for the creation or dissolution of SWCD and making
recommendations to the Commissioner regarding the requests.
36
Additionally, upon request of the
Governor or a district, the Council provides recommendations to the Governor regarding the removal of
supervisors.
37
Governing Board of SWCD
The governing body of a SWCD consists of five supervisors serving staggered four-year terms.
Elections for supervisors are held every two years at the time of the general election. The office of the
supervisor is a nonpartisan office.
38
Each supervisor must qualify as required in the election law.
39
A
supervisor holds office until a successor has been elected and qualified. The Governor may remove
any supervisor upon notice and hearing, for neglect or malfeasance in office, but for no other reason.
40
Supervisors do not receive compensation but may be reimbursed for travel expenses.
41
Powers of SWCD
SWCD and the supervisors have the following statutorily-granted powers:
To conduct surveys, studies, and research relating to soil and water resources and to publish
and disseminate the results of such surveys, studies, research, and related information;
42
To conduct agricultural best management practices demonstration projects and projects for the
conservation, protection, and restoration of soil and water resources;
43
To cooperate, or enter into agreements with, any special district, municipality, county, WMD,
state or federal agency, governmental or otherwise, or owner or occupier of lands;
44
To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, bequest,
devise or otherwise, any property, real or personal, or rights or interests therein; to maintain,
administer, and improve any properties acquired, to receive income from such properties and to
expend such income in carrying out soil and water conservation; and to sell, lease, or otherwise
dispose of any of its property or interests therein in furtherance of soil and water conservation;
45
To make available to landowners agricultural and engineering machinery and equipment, and
other materials and equipment, that will assist landowners in carrying out conservation
operations;
46
32
After a review of the FDACS website, it is unclear whether this Council is still functional and operating, as there was no
publicly accessible information regarding the Council on the site (last visited Feb. 11, 2022).
33
S. 582.055(1), F.S.
34
S. 582.06(1)(a), F.S.
35
S. 582.06(1)(b-c), F.S.
36
S. 582.06(2)(b), F.S.
37
S. 582.06(2)(c), F.S.
38
S. 582.18(1), F.S.
39
See ch. 99, F.S., passim.
40
S. 582.19(4), F.S.
41
S. 582.19(1) and (2), F.S.
42
S. 582.20(1), F.S.
43
S. 582.20(2), F.S.
44
S. 582.20(3), F.S.
45
S. 582.20(4), F.S.
46
S. 582.20(5), F.S. STORAGE NAME: h0783.LAV PAGE: 6
DATE: 2/11/2022
To construct, improve, operate, and maintain such structures as may be necessary or
convenient for the performance of any conservation operations;
47
To sue and be sued in the name of the district, to have a seal, to make and execute contracts,
to borrow money and to execute promissory notes;
48
To use the services of the county agricultural agents and their offices; and
To employ additional permanent and temporary staff.
49
SWCD Activities
Some activities of SWCD include:
Cooperative programs such as best management practices projects, and Farm Bill programs
such as the Environmental Quality Incentives Program, the Conservation Security Program, the
Agricultural Conservation Easement Program, and Regional Conservation Partnership
Programs;
Conservation projects focusing on water quality improvement, habitat restoration, and
administering cost-share funds to help farmers and other landowners implement conservation
practices;
Demonstration projects focusing on irrigation, drainage, tailwater recovery, erosion control, and
waste management;
Educational workshops on topics like water quality and quantity, pesticide and fertilizer
management, watershed engineering, wetlands, soil characteristics, soil tillage techniques,
plan identification, invasive plant control, farm ponds, and agricultural production;
Mobile Irrigation Labs to evaluate agricultural irrigation systems; and
Planning and rulemaking at the county, regional, state, and federal levels.
50
SWCD Finances
SWCD obtain funding from a variety of sources, including federal, state, and private funding, state
revenue sharing, federal, state, and local government grants, service charges, interest, rents and
royalties, donations, and other private sources.
51
The supervisors are required to provide for an annual audit of the accounts of receipts and
disbursements.
52
Annual audits are required to be performed by the Auditor General, or, where the
district has not been notified of an Auditor General audit, the district must be audited by an independent
certified public accountant it retains and pays from its public funds.
53
Districts with revenues or the total
of expenditures and expenses between $50,000 and $100,000, as reported on the fund financial
statement, must be audited every three years.
54
Districts with revenues or the total of expenditures and
expenses in excess of $100,000 must be audited every year.
55
Dissolution of SWCD
SWCD may be discontinued if two-thirds or more of the qualified voters in a referendum have voted for
discontinuance; if the Council reviews and recommends to the Commissioner that the continued
operation of the district is not administratively practicable and feasible; if the district fails to comply with
any audit or financial reporting and DEO’s inspector general reviews and confirms in writing that the
47
S. 582.20(6), F.S.
48
S. 582.20(8), F.S.
49
S. 582.20(9), F.S.
50
FDACS, supra, at 5.
51
Based on a review of Department of Financial Services reports for each SWCD for 2016-2020. Department of Financial
Services, Local Government Financial Reporting, https://apps.fldfs.com/LocalGov/Reports/AdHoc.aspx (last visited Feb.
11, 2022).
52
S. 582.19(4), F.S.; S. 582.055(3), F.S.
53
S. 218.39(1), F.S.
54
S. 218.39(1)(i), F.S.
55
S. 218.39(1)(c), F.S. STORAGE NAME: h0783.LAV PAGE: 7
DATE: 2/11/2022
district has failed to comply with such requirements; or DEO receives a resolution adopted by the
supervisors of the district requesting that the Commissioner issue a certificate determining that the
continued operation of the district is not administratively practicable and feasible.
56
Once the
supervisors of a SWCD receive notification from the FDACS that DEO has determined that the
continued operation of the district is not practicable or feasible the supervisors must proceed to
terminate the affairs of the district.
The supervisors must dispose of all the property belonging to the SWCD at public auction and transfer
the proceeds of such sale to the State Treasury, which funds shall be used to liquidate any legal
obligations the district may have at the time of its discontinuance. The supervisors are then required to
file an application with the Department of State for discontinuance of the district. The Department of
State must then issue a certificate of dissolution to the supervisors.
57
Upon issuance of a certificate of
dissolution, the title to all property owned by the preexisting SWCD shall transfer to the local general-
purpose government, which shall also assume all indebtedness of the SWCD.
58
Existing SWCD
Currently, there are 51 active independent SWCD,
59
five active dependent SWCD,
60
and two inactive
SWCD.
61
Out of the 56 active SWCD, 34
62
are operating below the $50,000 threshold which requires an auditing
requirement.
63
Of those 34, two SWCD- Chipola River and Escambia- have stated on their website or
shown in their tentative budget that they are currently unfunded;
64
at least eight SWCD
65
have either
not reported any revenue sources and show $0 revenue, or have failed to report entirely for two to as
many as five years of the reporting period between 2016 and 2020; and some SWCD, such as Clay
County, have reported average revenues and expenditures in the past five years below $10 for each
fiscal year.
66
There are two SWCD- Okaloosa and Polk- reporting between $50,000 and $100,000 prompting an
audit every three years.
67
The remaining 20 active SWCD are audited annually as they report more than $100,000 in either
revenues or expenses.
68
Of those 20, four SWCD report $500,000 - $1,000,000 of either revenues or
56
S. 582.30(2) and (3)(a-c), F.S.
57
S. 582.31, F.S.
58
S. 189.076(2), F.S.
59
Division of Community Development, Official List of Special Districts, Florida Department of Economic Opportunity
(Feb. 10, 2022), http://specialdistrictreports.floridajobs.org/webreports/criteria.aspx (last visited Feb. 10, 2022). (Alachua,
Bradford, Brevard, Broward, Charlotte, Chipola River, Choctawhatchee River, Clay, Collier, Dixie, Duval, Escambia,
Franklin, Gadsden, Gilchrist, Hamilton, Hardee, Highlands, Hillsborough, Holmes Creek, Indian River, Jackson, Jefferson,
Lafayette, Lake, Leon, Levy, Madison County, Manatee River, Marion, Nassau, Okeechobee, Orange Hill, Orange,
Osceola, Palm Beach, Peace River, Polk, Putnam, Santa Fe, Sarasota, Seminole, South Dade, St. Johns, St. Lucie,
Sumter, Suwannee County, Taylor, Tupelo, Volusia, and Wakulla).
60
Id. (Blackwater, Glades, Hendry, Madison, Union).
61
Id. (Baker and Martin); See generally s. 189.062, F.S.
62
Alachua, Bradford, Brevard, Broward, Charlotte, Chipola River, Choctawhatchee River, Clay County, Dixie, Duval,
Escambia, Franklin, Glades, Hamilton County, Jefferson, Lafayette, Leon, Manatee River, Nassau, Orange, Orange Hill,
Osceola, Peace River, Santa Fe, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Taylor, Tupelo County, Union,
Volusia, Wakulla County.
63
S. 218.39(1)(i), F.S.
64
Chipola Soil & Water Conservation District, Budget Information, https://district.afcd.us/chipolariversoilandwater/ (last
visited Feb. 11, 2022); Escambia Soil and Water Conservation District, Budget Information,
https://district.afcd.us/escambiasoilandwater/ (last visited Feb. 11, 2022).
65
Broward, Charlotte, Clay County, Hamilton County, Orange Hill, Santa Fe, Taylor, and Union.
66
DFS, supra.
67
S. 218.39(1)(i), F.S.; DFS, supra.
68
S. 218.39(1)(c), F.S. STORAGE NAME: h0783.LAV PAGE: 8
DATE: 2/11/2022
expenses on average annually,
69
and five report revenues or expenses of $1,000,000 or more on
average annually.
70
Four of these nine SWCD are receiving, or have received at least once in the past
five years, some form of federal funding.
71
However, these nine SWCD provide only generic language
on their respective websites regarding their functions and services provided. This generic language
states the services provided are:
Assisting land owners in their efforts to secure financial assistance through Farm Bill programs
to implement conservation practices;
Conservation education, programs, and information;
Assisting growers with development of low volume irrigation systems;
Developing and updating irrigation water management plans;
Preparing soil surveys and historical maps;
Local government advice and assistance;
Youth education; and
Invasive plant control.
72
Most of the websites provide scant information detailing specific services, functions, or projects.
73
Effect of Proposed Changes
The bill repeals ch. 582, F.S., abolishing all SWCD and provides that all assets and liabilities of the
active independent SWCD transfer to one of the five WMD and all assets and liabilities of the active
dependent districts transfer to the county within which they are currently located. The bill makes
additional conforming changes.
B. SECTION DIRECTORY:
Section 1: Repeals ch. 582, F.S., which provides for the creation and management of SWCD.
Section 2: Abolishes the following thirteen SWCD and transfers all assets and liabilities of each
district to the Northwest Florida Water Management District:
Escambia SWCD,
Yellow River SWCD,
Choctawhatchee River SWCD,
Holmes Creek SWCD,
Orange Hill SWCD,
Jackson SWCD,
Chipola River SWCD,
Tupelo County SWCD,
Gadsden SWCD,
Franklin SWCD,
Leon SWCD,
Wakulla SWCD, and
Jefferson SWCD.
Section 3: Abolishes the following ten SWCD and transfers all assets and liabilities of each district
to the Suwannee River Water Management District:
Taylor SWCD,
Hamilton County SWCD,
69
Hardee, Hendry, Levy, and Marion. These figures are based on the average expenditures and revenue for the years
2016 to 2020.
70
Gilchrist, Highlands, Jackson, Okeechobee, Suwannee. These figures are based on the average expenditures and
revenue for the years 2016 to 2020.
71
DFS, supra.
72
See e.g. Levy Soil & Water Conservation District, Services Provided, https://district.afcd.us/levysoilandwater/ (last
visited Feb. 11, 2022).
73
It appears that most SWCD websites are in violation of the requirements provided for website maintenance in s.
189.069, F.S. STORAGE NAME: h0783.LAV PAGE: 9
DATE: 2/11/2022
Suwannee County SWCD,
Lafayette SWCD,
Dixie SWCD,
Santa Fe SWCD,
Gilchrist SWCD,
Levy SWCD,
Bradford SWCD, and
Alachua SWCD.
Section 4: Abolishes the following thirteen SWCD and transfers all assets and liabilities of each
district to the St. Johns River Water Management District:
Nassau SWCD,
Baker SWCD,
Duval SWCD,
Clay County SWCD,
St. Johns SWCD,
Putnam SWCD,
Marion SWCD,
Volusia SWCD,
Lake SWCD,
Seminole SWCD,
Orange SWCD,
Brevard SWCD, and
Indian River SWCD.
Section 5: Abolishes the following eight SWCD and transfers all assets and liabilities of each district
to the Southwest Florida Water Management District:
Sumter SWCD,
Polk SWCD,
Hillsborough SWCD,
Manatee River SWCD,
Hardee SWCD,
Peace River SWCD,
Sarasota SWCD, and
Charlotte SWCD.
Section 6: Abolishes the following nine SWCD and transfers all assets and liabilities of each district
to the South Florida Water Management District:
Osceola SWCD,
Okeechobee SWCD,
Highlands SWCD,
Collier SWCD,
St. Lucie SWCD,
Martin SWCD,
Palm Beach SWCD,
Broward SWCD, and
South Dade SWCD.
Section 7: Dissolves the Blackwater SWCD and transfers its assets and liabilities to Santa Rosa
County.
Section 8: Dissolves the Glades SWCD and transfers its assets and liabilities to Glades County.
Section 9: Dissolves the Hendry SWCD and transfers its assets and liabilities to Hendry County.
Section 10: Dissolves the Madison SWCD and transfers its assets and liabilities to Madison County.
Section 11: Dissolves the Union SWCD and transfers its assets and liabilities to Union County. STORAGE NAME: h0783.LAV PAGE: 10
DATE: 2/11/2022
Section 12: Amends s. 120.52(1)(a), F.S., removing entities described in ch. 582, F.S. from the
definition of “agency.”
Section 13: Amends s. 189.0695(3), F.S., conforming the section, removing the requirement that the
of Office of Program Policy Analysis and Government Accountability must conduct a
performance review of SWCD.
Section 14: Amends s. 259.032(5), (7)(d-e), and (8)(b), F.S., removing SWCD from the list of entities
with which the lead land managing agencies may enter into contracts to perform specific
management activities; removing a requirement that the Board of Trustees of the
Internal Improvement Trust Fund consider having a SWCD manage acquired lands;
removing SWCD from a list of approved entities with which state agencies may contract;
and removing SWCD from a list of entities required to be on an advisory group for
individual management plans.
Section 15: Amends s. 259.036(1)(a), F.S., removing a member of the jurisdictional SWCD from the
composition of a management review team.
Section 16: Amends s. 373.1391(1)(d), F.S., removing the requirement that the governing board of a
WMD consider creating a SWCD.
Section 17: Amends s. 373.1401, F.S., removing a reference to SWCD.
Section 18: Amends s. 373.591(1)(d), F.S., removing a member of the local SWCD from the
composition of management review teams.
Section 19: Amends s. 403.067(1), (3)(a), (6)(a), and (7)(a), F.S., removing the requirement that
DEP coordinate in part with local SWCD when:
Developing and executing the total maximum daily load (TMDL) program;
Conducting a TMDL assessment;
Determining the information required to develop a TMDL calculation; and
Developing a basin management action plan.
Section 20: Amends s. 570.66, F.S., removing a reference to SWCD.
Section 21: Amends s. 570.921(3), F.S., removing additional criteria recommended by a SWCD for
receipt of an agricultural certification.
Section 22: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
This bill does not appear to affect state revenues.
2. Expenditures:
The South Dade SWCD has reported a long-term debt of $30,000 which may result in a liability for
the South Florida WMD. However, the other fifty independent SWCD being abolished and
transferring assets and liabilities to one of the five WMD, appear to only carry current operating cost
liabilities.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
This bill does not appear to affect local government revenue.
2. Expenditures: STORAGE NAME: h0783.LAV PAGE: 11
DATE: 2/11/2022
This bill does not appear to require expenditures from local governments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
This bill does not appear to directly impact the private sector.
D. FISCAL COMMENTS:
The abolition of Florida’s SWCD would not remove eligibility for agricultural and other conservation
grants. However, grants from national conservation organizations, such as, the National Association of
Conservation Districts, that partner with the United States DACS, may no longer be available.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES