Florida Senate - 2022 CS for CS for SB 1078 By the Committees on Ethics and Elections; and Environment and Natural Resources; and Senator Hutson 582-02834-22 20221078c2 1 A bill to be entitled 2 An act relating to soil and water conservation 3 districts; amending s. 582.15, F.S.; providing for the 4 subdivision of certain proposed soil and water 5 conservation districts; requiring the Department of 6 Agriculture and Consumer Services to subdivide certain 7 proposed soil and water conservation districts; 8 amending s. 582.18, F.S.; requiring the supervisors of 9 each soil and water conservation district to be 10 elected from each of the districts subdivisions; 11 providing for the initial terms of office of 12 candidates elected in each district subdivision; 13 amending s. 582.19, F.S.; providing qualification 14 requirements for supervisors to serve on the governing 15 body of a soil and water conservation district; 16 requiring candidates to submit a specified affirmation 17 at the time of qualifying; requiring all supervisors 18 of soil and water conservation district governing 19 bodies to be elected at the 2022 general election; 20 specifying that subsequent elections will be held 21 according to certain provisions; providing for the 22 subdivision of certain soil and water conservation 23 districts by a specified date; requiring the 24 department to subdivide certain soil and water 25 conservation districts by a specified date; providing 26 transitional provisions regarding the implementation 27 of newly subdivided districts and the election of 28 supervisors; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1.Subsection (4) is added to section 582.15, 33 Florida Statutes, to read: 34 582.15Organization of district, etc. 35 (4)After the Department of Agriculture and Consumer 36 Services has determined that operation of a proposed district is 37 administratively practicable and feasible, the district shall be 38 subdivided into five numbered subdivisions that match, as 39 practicable, the boundaries of either the five county commission 40 districts or five school board districts within the county. When 41 neither the county commission nor the school board is subdivided 42 into five districts, the department shall subdivide the district 43 into five numbered subdivisions as nearly equal in area as 44 practicable to ensure geographical representation within that 45 soil and water conservation districts governing body. 46 Section 2.Subsection (1) of section 582.18, Florida 47 Statutes, is amended to read: 48 582.18Election of supervisors of each district. 49 (1)The election of supervisors for each soil and water 50 conservation district shall be held every 2 years, with one 51 supervisor elected from each of the five numbered subdivisions 52 created by the department pursuant to s. 582.15(4). The 53 elections shall be held at the time of the general election 54 provided for by s. 100.041. The office of the supervisor of a 55 soil and water conservation district is a nonpartisan office, 56 and candidates for such office are prohibited from campaigning 57 or qualifying for election based on party affiliation. 58 (a)Each candidate for supervisor for such district must 59 shall qualify as directed by chapter 99. 60 (b)Each nominee who collects or expends campaign 61 contributions shall conduct her or his campaign for supervisor 62 of a soil and water conservation district in accordance with the 63 provisions of chapter 106. Candidates who neither receive 64 contributions nor make expenditures, other than expenditures for 65 verification of signatures on petitions, are exempt from the 66 provisions of chapter 106 requiring establishment of bank 67 accounts and appointment of a campaign treasurer, but shall file 68 periodic reports as required by s. 106.07. 69 (c)The names of all nominees on behalf of whom such 70 nominating petitions have been filed shall appear upon ballots 71 in accordance with the general election laws. All qualified 72 electors residing within the district shall be eligible to vote 73 in such election. The candidates who receive the largest number 74 of the votes cast from each group of candidates in such election 75 shall be the elected supervisors from such group for such 76 district. In the case of a newly created district participating 77 in a regular election for the first time, three groups of 78 candidates shall be elected from district subdivisions 1, 3, and 79 5 for terms of 4 years, and candidates two groups shall be 80 elected from district subdivisions 2 and 4 for initial terms of 81 2 years. Each candidate elected shall assume office on the first 82 Tuesday after the first Monday in January following the 83 election. 84 Section 3.Subsection (1) of section 582.19, Florida 85 Statutes, is amended to read: 86 582.19Qualifications and tenure of supervisors. 87 (1)The governing body of the district shall consist of 88 five supervisors, elected as provided in s. 582.18 hereinabove. 89 (a)To qualify to serve on the governing body of a 90 district, a supervisor must: 91 1.Be an eligible voter who resides within the numbered 92 subdivision from which she or he is elected; and 93 2.Be actively engaged in, or retired after 15 years of 94 being engaged in, agriculture as defined in s. 570.02 or be 95 employed by an agricultural producer. 96 (b)If, 1 week before the qualifying period, a district 97 subdivision does not have a candidate who meets the 98 qualification requirements of subparagraph (a)1., any eligible 99 voter who resides in the district and who meets the 100 qualification requirements of subparagraph (a)2. may seek to be 101 elected in that district subdivision. 102 (c)At the time of qualifying, a candidate for supervisor 103 shall submit an affirmation in substantially the following form: 104 105 State of Florida 106 County of .... 107 108 Statement of Candidate for Supervisor of Soil and Water 109 Conservation District 110 111 I, ...(Name of candidate)..., a candidate for Supervisor of 112 Soil and Water Conservation District, meet the qualifications 113 pursuant to s. 582.19(1), Florida Statutes, to serve on the 114 governing body of the Soil and Water Conservation District. 115 ...(Signature of candidate)... 116 ...(Address)... 117 118 Sworn to and subscribed before me this .... day of 119 ........, ...(year)...., at .... County, Florida. 120 121 Section 4.(1)Each supervisor for a soil and water 122 conservation district governing body shall be elected at the 123 2022 general election. After the 2022 general election, 124 candidates shall be elected pursuant to s. 582.18(1)(c), Florida 125 Statutes, as amended by this act, and subsection (3). 126 (2)By January 1, 2023, a district in existence on July 1, 127 2022, which was not subdivided in its initial creation pursuant 128 to chapter 582, Florida Statutes, must be subdivided into five 129 numbered subdivisions that match, as practicable, the boundaries 130 of either the five county commission districts or five school 131 board districts in the county. When neither the county 132 commission nor the school board is subdivided into five 133 districts, the Department of Agriculture and Consumer Services 134 shall subdivide the district into five numbered subdivisions as 135 nearly equal in area as practicable to ensure geographical 136 representation within that soil and water conservation 137 districts governing body. 138 (3)The following procedures apply to the election of 139 supervisors of soil and water conservation districts subdivided 140 by the department pursuant to subsection (2): 141 (a)District governing body seats 1, 3, and 5, which have 142 terms that initially expired in January 2025 or 2027, as 143 applicable depending on the year in which the district was 144 formed, shall represent district subdivisions 1, 3, and 5, 145 respectively. Such seats shall be filled for a term of 4 years. 146 (b)District governing body seats 2 and 4, which have terms 147 that initially expired in January 2025 or 2027, as applicable 148 depending on the year in which the district was formed, shall 149 represent district subdivisions 2 and 4, respectively. Such 150 seats shall initially be filled for a term of 2 years in order 151 to achieve staggered terms; thereafter, any such seats shall be 152 filled for a term of 4 years as provided under s. 582.19, 153 Florida Statutes. 154 Section 5.This act shall take effect upon becoming a law.