Florida Senate - 2022 CS for CS for CS for SB 1078 By the Committees on Appropriations; Ethics and Elections; and Environment and Natural Resources; and Senator Hutson 576-03522-22 20221078c3 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 and that the district 38 boundaries are wholly located in one county, the district must 39 be subdivided into five numbered subdivisions that match, as 40 practicable, the boundaries of either the five county commission 41 districts or five school board districts within the county. When 42 neither the county commission nor the school board is subdivided 43 into five districts, or when the district is comprised of 44 multiple counties, the department shall subdivide the district 45 into five numbered subdivisions as nearly equal in area as 46 practicable to ensure geographical representation within that 47 soil and water conservation districts governing body. 48 Section 2.Subsection (1) of section 582.18, Florida 49 Statutes, is amended to read: 50 582.18Election of supervisors of each district. 51 (1)The election of supervisors for each soil and water 52 conservation district shall be held every 2 years, with one 53 supervisor elected from each of the five numbered subdivisions 54 created by the department pursuant to s. 582.15(4). The 55 elections shall be held at the time of the general election 56 provided for by s. 100.041. The office of the supervisor of a 57 soil and water conservation district is a nonpartisan office, 58 and candidates for such office are prohibited from campaigning 59 or qualifying for election based on party affiliation. 60 (a)Each candidate for supervisor for such district must 61 shall qualify as directed by chapter 99. 62 (b)Each nominee who collects or expends campaign 63 contributions shall conduct her or his campaign for supervisor 64 of a soil and water conservation district in accordance with the 65 provisions of chapter 106. Candidates who neither receive 66 contributions nor make expenditures, other than expenditures for 67 verification of signatures on petitions, are exempt from the 68 provisions of chapter 106 requiring establishment of bank 69 accounts and appointment of a campaign treasurer, but shall file 70 periodic reports as required by s. 106.07. 71 (c)The names of all nominees on behalf of whom such 72 nominating petitions have been filed shall appear upon ballots 73 in accordance with the general election laws. All qualified 74 electors residing within the district shall be eligible to vote 75 in such election. The candidates who receive the largest number 76 of the votes cast from each group of candidates in such election 77 shall be the elected supervisors from such group for such 78 district. In the case of a newly created district participating 79 in a regular election for the first time, three groups of 80 candidates shall be elected from district subdivisions 1, 3, and 81 5 for terms of 4 years, and candidates two groups shall be 82 elected from district subdivisions 2 and 4 for initial terms of 83 2 years. Each candidate elected shall assume office on the first 84 Tuesday after the first Monday in January following the 85 election. 86 Section 3.Subsection (1) of section 582.19, Florida 87 Statutes, is amended to read: 88 582.19Qualifications and tenure of supervisors. 89 (1)The governing body of the district shall consist of 90 five supervisors, elected as provided in s. 582.18 hereinabove. 91 (a)To qualify to serve on the governing body of a 92 district, a supervisor must: 93 1.Be an eligible voter who resides within the numbered 94 subdivision from which she or he is elected; and 95 2.Be actively engaged in, or retired after 10 years of 96 being engaged in, agriculture as defined in s. 570.02; be 97 employed by an agricultural producer; or own, lease, or actively 98 be employed on land classified as agricultural under s. 193.461 99 which has an annual gross revenue of more than $500,000. 100 (b)If, 1 week before the qualifying period, a district 101 subdivision does not have a candidate who meets the 102 qualification requirements of subparagraph (a)1., any eligible 103 voter who resides in the district and who meets the 104 qualification requirements of subparagraph (a)2. may seek to be 105 elected in that district subdivision. 106 (c)At the time of qualifying, a candidate for supervisor 107 shall submit an affirmation in substantially the following form: 108 109 State of Florida 110 County of .... 111 112 Statement of Candidate for Supervisor of Soil and Water 113 Conservation District 114 115 I, ...(Name of candidate)..., a candidate for Supervisor of 116 Soil and Water Conservation District, meet the qualifications 117 pursuant to s. 582.19(1), Florida Statutes, to serve on the 118 governing body of the Soil and Water Conservation District. 119 ...(Signature of candidate)... 120 ...(Address)... 121 122 Sworn to and subscribed before me this .... day of 123 ........, ...(year)...., at .... County, Florida. 124 125 Section 4.(1)Each supervisor for a soil and water 126 conservation district governing body shall be elected at the 127 2022 general election. After the 2022 general election, 128 candidates shall be elected pursuant to s. 582.18(1)(c), Florida 129 Statutes, as amended by this act, and subsection (3). 130 (2)By January 1, 2023, a district in existence on July 1, 131 2022, which was not subdivided in its initial creation pursuant 132 to chapter 582, Florida Statutes, and whose district boundaries 133 are wholly located in one county must be subdivided into five 134 numbered subdivisions that match, as practicable, the boundaries 135 of either the five county commission districts or five school 136 board districts in the county. When neither the county 137 commission nor the school board is subdivided into five 138 districts, or when the district is comprised of multiple 139 counties, the Department of Agriculture and Consumer Services 140 shall subdivide the district into five numbered subdivisions as 141 nearly equal in area as practicable to ensure geographical 142 representation within that soil and water conservation 143 districts governing body. 144 (3)The following procedures apply to the election of 145 supervisors of soil and water conservation districts subdivided 146 by the department pursuant to subsection (2): 147 (a)District governing body seats 1, 3, and 5, which have 148 terms that initially expired in January 2025 or 2027, as 149 applicable depending on the year in which the district was 150 formed, shall represent district subdivisions 1, 3, and 5, 151 respectively. Such seats shall be filled for a term of 4 years. 152 (b)District governing body seats 2 and 4, which have terms 153 that initially expired in January 2025 or 2027, as applicable 154 depending on the year in which the district was formed, shall 155 represent district subdivisions 2 and 4, respectively. Such 156 seats shall initially be filled for a term of 2 years in order 157 to achieve staggered terms; thereafter, any such seats shall be 158 filled for a term of 4 years as provided under s. 582.19, 159 Florida Statutes. 160 Section 5.This act shall take effect upon becoming a law.