THE BILL ITSELF
HB 123
Special Districts
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A bill to be entitled
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An act relating to special districts; abolishing
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certain soil and water conservation districts in this
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state; transferring the assets and liabilities of such
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districts to the Department of Agriculture and
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Consumer Services; amending s. 171.093, F.S.;
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prohibiting municipalities from assuming certain
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services in annexed areas; providing that a fire
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control district remains the provider of specified
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services in the annexed area; requiring that the
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district's geographical boundaries continue to include
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the annexed area; authorizing the district to continue
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certain levies and assessments; amending s. 189.03,
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F.S.; revising the legislative purpose and intent for
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independent special districts; creating s. 189.0331,
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F.S.; defining the terms "district lands or water
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areas" and "outdoor recreational purposes"; providing
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that an independent special district that grants the
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public access to district lands or water areas for
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outdoor recreational purposes owes no duty of care to
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perform specified actions; providing that an
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independent special district is not responsible for
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injury to persons or property caused by an act or
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omission of such person upon such lands or water
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areas; providing applicability; providing that
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specified protections, immunities, and limitations of
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liability apply regardless of whether a person or
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claimant was engaged in an outdoor recreational
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purpose at the time of an accident or occurrence;
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providing certain protection to the owner of private
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land if an independent special district secures an
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easement or other access right through such private
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land to district lands or water areas that the
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independent special district makes available to the
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public for outdoor recreational purposes; providing
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that independent special districts are not relieved of
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certain liability; amending s. 189.053, F.S.;
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providing that a special district may purchase
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commodities and contractual services from the
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purchasing agreements of this state under certain
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circumstances; amending s. 189.0695, F.S.; removing a
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provision requiring the Office of Program Policy
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Analysis and Government Accountability to conduct
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performance reviews of independent fire control
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districts according to a specified schedule; requiring
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the Office of Program Policy Analysis and Government
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Accountability to conduct a performance review of
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certain independent special districts by a specified
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date; removing provisions requiring the Office of
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Program Policy Analysis and Government Accountability
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to submit the final report of performance reviews for
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certain districts according to a specified schedule;
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creating s. 189.0699, F.S.; providing that an
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independent special district may require, by
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resolution, criminal history screening for certain
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persons; providing requirements for such resolution;
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providing construction; amending s. 582.19, F.S.;
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revising the qualifications of a supervisor of a soil
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and water conservation district; requiring the
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Commission on Ethics to investigate whether certain
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supervisors meet eligibility criteria; amending s.
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582.20, F.S.; removing provisions subjecting certain
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powers of a soil and water conservation district to
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another district's approval; requiring the Department
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of Agriculture and Consumer Services to monitor
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specified soil and water conservation districts and
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ensure that each district is winding up administrative
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and fiscal matters in a timely manner and using
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certain practices; reenacting s. 189.074(11), F.S.,
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relating to voluntary merger of independent special
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districts, to incorporate the amendment made to s.
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171.093, F.S., in a reference thereto; providing
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effective dates.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Effective December 31, 2026, and
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notwithstanding ss. 582.31 and 582.32, Florida Statutes, the
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following soil and water conservation districts are abolished,
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and all assets and liabilities of each district are transferred
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to the Department of Agriculture and Consumer Services:
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(1) Escambia Soil and Water Conservation District.
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(2) Yellow River Soil and Water Conservation District.
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(3) Holmes Creek Soil and Water Conservation District.
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(4) Orange Hill Soil and Water Conservation District.
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(5) Chipola River Soil and Water Conservation District.
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(6) Tupelo Soil and Water Conservation District.
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(7) Franklin Soil and Water Conservation District.
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(8) Leon Soil and Water Conservation District.
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(9) Wakulla Soil and Water Conservation District.
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(10) Jefferson Soil and Water Conservation District.
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(11) Hamilton County Soil and Water Conservation District.
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(12) Dixie Soil and Water Conservation District.
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(13) Santa Fe Soil and Water Conservation District.
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(14) Levy Soil and Water Conservation District.
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(15) Bradford Soil and Water Conservation District.
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(16) Alachua Soil and Water Conservation District.
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(17) Nassau Soil and Water Conservation District.
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(18) Duval Soil and Water Conservation District.
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(19) Clay Soil and Water Conservation District.
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(20) St. Johns Soil and Water Conservation District.
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(21) Volusia Soil and Water Conservation District.
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(22) Seminole Soil and Water Conservation District.
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(23) Orange Soil and Water Conservation District.
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(24) Hillsborough Soil and Water Conservation District.
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(25) Manatee River Soil and Water Conservation District.
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(26) Peace River Soil and Water Conservation District.
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(27) Sarasota Soil and Water Conservation District.
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(28) Charlotte Soil and Water Conservation District.
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(29) Osceola Soil and Water Conservation District.
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(30) Collier Soil and Water Conservation District.
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(31) St. Lucie Soil and Water Conservation District.
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(32) Broward Soil and Water Conservation District.
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(33) South Dade Soil and Water Conservation District.
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(34) Hendry Soil and Water Conservation District.
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(35) Union Soil and Water Conservation District.
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Section 2. Present subsection (8) of section 171.093,
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Florida Statutes, is redesignated as subsection (9), and a new
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subsection (8) is added to that section, to read:
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171.093 Municipal annexation within independent special
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districts.—
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(8) Notwithstanding this chapter or any special act to the
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contrary, a municipality may not elect to assume services of an
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annexed area which are being provided by an independent special
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fire control district. Following an annexation pursuant to this
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chapter, an independent special fire control district shall
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remain the service provider in the annexed area, the
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geographical boundaries of the district must continue to include
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the annexed area, and the district may continue to levy ad
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valorem taxes, impact fees, and user fees and assessments on the
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real property located within the annexed area.
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Section 3. Paragraph (c) is added to subsection (1) of
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section 189.03, Florida Statutes, to read:
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189.03 Statement of legislative purpose and intent;
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independent special districts.—
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(1) The Legislature finds that:
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(c) It is in the public interest for the Legislature to
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encourage an independent special district to make available to
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the public suitable district lands and water areas for public
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outdoor recreational purposes and to limit certain liability of
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the independent special district resulting from persons
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accessing such lands and areas and from third persons who may
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incur damages by the acts or omissions of persons going thereon.
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Section 4. Section 189.0331, Florida Statutes, is created
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to read:
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189.0331 Limitation on liability of independent special
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district with respect to areas made available to the public for
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recreational purposes without charge.—
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(1) As used in this section, the term:
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(a) "District lands or water areas" includes, but is not
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limited to, all district lands, rights-of-way, and water areas
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that an independent special district controls, possesses, or
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maintains, or in which the independent special district has a
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property or other interest, whether in fee simple, easement,
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leasehold, contract, memorandum of understanding, or otherwise.
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(b) "Outdoor recreational purposes" includes activities
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such as, but not limited to, horseback riding, hunting, fishing,
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bicycling, swimming, boating, camping, picnicking, hiking,
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pleasure driving, nature study, water skiing, motorcycling, and
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visiting historical, archaeological, scenic, or scientific
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sites.
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(2)(a) Except as provided in subsection (5), an
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independent special district that provides the public with
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access to district lands or water areas for outdoor recreational
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purposes, or allows access over or use of district lands or
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water areas for public outdoor recreational purposes, owes no
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duty of care to do any of the following:
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1. Keep the district lands or water areas safe for entry
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or use by others.
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2. Warn persons entering or going on such district lands
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or water areas of any hazardous conditions, structures, or
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activities thereon.
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3. Extend any assurance that the district lands or water
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areas are safe for any purpose solely by allowing access to that
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district's lands or water areas.
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(b) An independent special district does not incur any
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duty of care toward a person who goes on the district lands or
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water areas. An independent special district is not responsible
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for any injury to persons or property caused by an act or
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omission of a person who goes on such lands or water areas.
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(c) This section applies to any person going on the
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district lands or water areas, or lands or water areas subject
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to a joint use or similar agreement, irrespective of whether the
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person goes as an invitee, licensee, or trespasser or in any
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other capacity. However, this subsection does not apply if there
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is any charge made or usually made for entering or using the
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district lands or water areas, or if any commercial or other
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activity from which profit is derived from the patronage of the
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public, excluding the temporary sale of food, beverages, plants,
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or T-shirts at temporary special events or nonprofit
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organizational activities associated with temporary special
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events, is conducted on any such district lands or water areas,
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or any part thereof.
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(3) The protections, immunities, and limitations of
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liability provided in this section to independent special
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districts apply regardless of whether any claimant or person was
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engaged in an outdoor recreational purpose at the time of an
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accident or occurrence and apply to district lands or water
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areas used by the public for recreational activities regardless
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of whether the district lands or water areas were made available
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to the public at the time of the accident or occurrence.
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(4) If an independent special district secures an easement
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or other right for the purpose of providing access through
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private land to district lands or water areas that the
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independent special district provides or makes available to the
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public for outdoor recreational purposes, the owner of the
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private land is covered by the liability protection provided in
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s. 375.251 with regard to the use of such easement by the
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general public or by employees and agents of the independent
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special district or other regulatory agencies.
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(5)(a) This section does not relieve an independent
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special district of any liability that would otherwise exist for
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gross negligence or a deliberate, willful, or malicious injury
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to a person or property.
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(b) This section does not create or increase the liability
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of an independent special district or person beyond that which
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is authorized by s. 768.28.
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Section 5. Section 189.053, Florida Statutes, is amended
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to read:
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189.053 Purchases from purchasing agreements of other
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governmental entities special districts, municipalities, or
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counties.—Special districts may purchase commodities and
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contractual services, other than services the acquisition of
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which is governed by s. 287.055, from the purchasing agreements
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of other special districts, municipalities, or counties, or this
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state, which have been procured pursuant to competitive bid,
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requests for proposals, requests for qualifications, competitive
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selection, or competitive negotiations, and which are otherwise
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in compliance with general law if the purchasing agreement of
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the other special district, municipality, or county, or this
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state was procured by a process that would have met the
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procurement requirements of the purchasing special district.
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Section 6. Subsections (2) and (3) of section 189.0695,
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Florida Statutes, are amended to read:
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189.0695 Independent special districts; performance
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reviews.—
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(2)(a) Each independent special district as described in
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subparagraph (d)1. that is not located in a rural area of
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opportunity as defined in s. 288.0656(2) and Each independent
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special district as described in paragraph (c) subparagraph
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(d)2. must contract with an independent entity to conduct a
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performance review of the district. The independent entity must
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have at least 5 years of experience conducting comparable
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reviews of organizations similar in size and function to the
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independent special district under review, must conduct the
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review according to applicable industry best practices, and must
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have no affiliation with or financial involvement in the
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reviewed district.
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(b) The Office of Program Policy Analysis and Government
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Accountability must conduct a performance review of each
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independent special district as described in subparagraph (d)1.
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that is located in a rural area of opportunity as defined in s.
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288.0656(2) and may contract as needed to complete this
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requirement.
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(c) The final report of the performance review must be
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filed with the governing board of the district, the Auditor
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General, the President of the Senate, and the Speaker of the
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House of Representatives no later than 9 months from the
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beginning of the district's fiscal year according to the
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schedule provided in paragraph (c) paragraph (d). However, a
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performance audit of an independent special district conducted
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by the Auditor General during the same fiscal year in which a
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performance review is due pursuant to paragraph (c) paragraph
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(d) qualifies as that district's scheduled performance review
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under this section.
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(c)(d)1. Beginning October 1, 2022, and every 5 years
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thereafter, each independent special fire control district as
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defined in s. 191.003 must have a performance review conducted.
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2. Beginning October 1, 2023, and every 5 years
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thereafter, each hospital licensed under chapter 395 which is
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governed by the governing body of a special district as defined
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in s. 189.012 or by the board of trustees of a public health
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trust created under s. 154.07 must have a performance review
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conducted.
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(3) The Office of Program Policy Analysis and Government
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Accountability must conduct a performance review of all
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independent special districts classified as safe neighborhood
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improvement districts as defined in s. 163.503(1), no later than
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September 30, 2026, within the classifications described in
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paragraphs (a), (b), and (c) and may contract as needed to
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complete the requirements of this subsection. The Office of
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Program Policy Analysis and Government Accountability shall
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submit the final report of the performance review to the
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President of the Senate and the Speaker of the House of
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Representatives as follows:
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(a) For all independent mosquito control districts as
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defined in s. 388.011, no later than September 30, 2023.
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(b) For all soil and water conservation districts as
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defined in s. 582.01, no later than September 30, 2024.
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(c) For all safe neighborhood improvement districts as
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defined in s. 163.503(1), no later than September 30, 2025.
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Section 7. Section 189.0699, Florida Statutes, is created
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to read:
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189.0699 Criminal history record checks for certain
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independent special district employees and appointees.—
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(1) Notwithstanding chapter 435, an independent special
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district, by resolution, may require a state and national
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criminal history screening for all of the following:
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(a) Any position of independent special district
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employment or appointment, whether paid, unpaid, or contractual,
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which the governing body of the independent special district
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finds is critical to security or public safety.
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(b) Any private contractor, employee of a private
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contractor, vendor, repair person, or delivery person who is
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subject to licensing or regulation by the independent special
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district.
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(c) Any private contractor, employee of a private
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contractor, vendor, repair person, for-hire chauffeur, or
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delivery person who has direct contact with individual members
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of the public or access to any public facility or publicly
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operated facility in such a manner or to such an extent that the
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governing body of the independent special district finds that
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preventing unsuitable persons from having such contact or access
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is critical to security or public safety.
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(2) The resolution must require each person applying for,
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or continuing employment or appointment in, any such position,
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applying for initial or continuing licensing or regulation, or
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having such contact or access to be fingerprinted. The
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fingerprints shall be submitted to the Department of Law
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Enforcement for a state criminal history record check and to the
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Federal Bureau of Investigation for a national criminal history
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record check. The information obtained from the criminal history
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record checks conducted pursuant to the resolution may be used
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by the independent special district to determine a person's
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eligibility for such employment or appointment or to determine a
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person's eligibility for continued employment or appointment.
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This section is not intended to preempt or prevent any other
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background screening, including, but not limited to, criminal
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history background checks, which an independent special district
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may lawfully undertake.
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Section 8. Paragraph (a) of subsection (1) of section
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582.19, Florida Statutes, is amended, and paragraphs (c) and (d)
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are added to that subsection, to read:
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582.19 Qualifications and tenure of supervisors.—
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(1) The governing body of the district shall consist of
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five supervisors, elected as provided in s. 582.18.
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(a) To qualify to serve on the governing body of a
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district, a supervisor must be a registered an eligible voter in
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this state who resides in the district and who meets any of the
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following criteria:
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1. Is a landowner of land zoned as agricultural or
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classified as agricultural lands by the applicable property
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appraiser;
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2. Is actively engaged in commercial agriculture
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production, which for purposes of this section means an
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individual that produces an agricultural commodity through
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participation in the day-to-day labor, management, and field
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operations or that has the legal right to harvest an
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agricultural commodity;
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3. Is an actively engaged operator of a farm;
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4. Is an owner of or employed by an agriculture business
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or farm;
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5. Is an actively engaged agriculture or natural resources
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professional in a field that is directly related to commercial
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agriculture or natural resources;
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6. Is an actively engaged college or university staff
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member or professor who has expertise in agriculture as defined
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in s. 570.02;
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7. Is an actively engaged direct agriculture-related
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vendor; or
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8. Has retired from such work or previously owned land as
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described in subparagraphs 1.-7., provided the person performed
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such work or owned such land for a minimum of 5 years.
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(c) Any candidate running to serve as a supervisor
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pursuant to this section must provide supporting documentation
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to the supervisor of elections at the time of qualification to
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verify his or her eligibility to serve pursuant to the criteria
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listed in paragraph (a). Such proof may include, but need not be
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limited to, a copy of a property tax bill; a copy of an Internal
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Revenue Service Schedule F, Profit or Loss From Farming form;
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proof of employment as a professional in the field of
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agriculture or natural resources; or a curriculum vitae
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demonstrating expertise in such topics.
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(d) The Commission on Ethics shall investigate alleged
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violations of this section upon receipt of a written complaint
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based upon personal knowledge or information other than hearsay
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and signed under oath or affirmation that a supervisor does not
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meet the eligibility criteria provided for in this section.
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1. Is actively engaged in, or retired after 10 years of
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being engaged in, agriculture as defined in s. 570.02;
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2. Is employed by an agricultural producer; or
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3. Owns, leases, or is actively employed on land
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classified as agricultural under s. 193.461.
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Section 9. Section 582.20, Florida Statutes, is amended to
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read:
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582.20 Powers of districts and supervisors.—A soil and
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water conservation district organized under the provisions of
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this chapter shall constitute a governmental subdivision of this
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state, and a public body corporate and politic, exercising
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public powers, and such district and the supervisors thereof
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shall have the following powers, in addition to others granted
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in other sections of this chapter:
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(1) To conduct surveys, studies, and research relating to
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soil and water resources and to publish and disseminate the
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results of such surveys, studies, research, and related
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information;
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(2) To conduct agricultural best management practices
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demonstration projects and projects for the conservation,
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protection, and restoration of soil and water resources:
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(a) Within the district's boundaries;
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(b) Within another district's boundaries, subject to the
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other district's approval;
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(c) In areas not contained within any district's
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boundaries on lands owned or controlled by this state or any of
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its agencies, with the cooperation of the agency administering
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and having jurisdiction thereof; or
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(d) On any other lands within the district's boundaries,
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within another district's boundaries subject to the other
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district's approval, or not contained within any district's
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boundaries upon obtaining the consent of the owner or occupier
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of the lands or the necessary rights or interests in such lands;
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(3) To cooperate, or enter into agreements with, any
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special district, municipality, county, water management
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district, state or federal agency, governmental or otherwise, or
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owner or occupier of lands within the district's boundaries,
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within another district's boundaries subject to the other
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district's approval, or not contained within any district's
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boundaries in furtherance of the purposes and provisions of this
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chapter;
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(4) To obtain options upon and to acquire, by purchase,
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exchange, lease, gift, grant, bequest, devise or otherwise, any
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property, real or personal, or rights or interests therein; to
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maintain, administer, and improve any properties acquired, to
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receive income from such properties and to expend such income in
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carrying out the purposes and provisions of this chapter; and to
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sell, lease, or otherwise dispose of any of its property or
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interests therein in furtherance of the purposes and provisions
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of this chapter;
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(5) To make available, on such terms as it shall
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prescribe, to any owner or occupier of lands within the
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district's boundaries, within another district's boundaries
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subject to the other district's approval, or not contained
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within any district's boundaries agricultural and engineering
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machinery and equipment, and such other material or equipment,
435
that will assist such landowners and occupiers to carry on
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operations upon their lands for the conservation and protection
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of soil and water resources;
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(6) To construct, improve, operate, and maintain such
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structures as may be necessary or convenient for the performance
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of any of the operations authorized in this chapter;
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(7) To provide, or assist in providing, training and
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education programs that further the purposes and provisions of
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this chapter;
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(8) To sue and be sued in the name of the district; to
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have a seal, which seal shall be judicially noticed; to have
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perpetual succession unless terminated as provided in this
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chapter; to make and execute contracts and other instruments
448
necessary or convenient to the exercise of its powers; upon a
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majority vote of the supervisors of the district, to borrow
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money and to execute promissory notes and other evidences of
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indebtedness in connection therewith, and to pledge, mortgage,
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and assign the income of the district and its personal property
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as security therefor, the notes and other evidences of
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indebtedness to be general obligations only of the district and
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in no event to constitute an indebtedness for which the faith
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and credit of the state or any of its revenues are pledged;
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(9) To use, in coordination with the applicable county or
458
counties, the services of the county agricultural agents and the
459
facilities of their offices, if practicable and feasible. The
460
supervisors may also employ additional permanent and temporary
461
staff, as needed, and determine their qualifications, duties,
462
and compensation. The supervisors may delegate to the chair, to
463
one or more supervisors, or to employees such powers and duties
464
as they may deem proper, consistent with the provisions of this
465
chapter. The supervisors shall furnish to the department, upon
466
request, copies of rules, orders, contracts, forms, and other
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documents that the district has adopted or used, and any other
468
information concerning the district's activities, that the
469
department may require in the performance of its duties under
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this chapter;
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(10) To adopt rules to implement the provisions of this
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chapter; and
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(11) To request that the Governor remove a supervisor for
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neglect of duty or malfeasance in office by adoption of a
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resolution at a public meeting. If the district believes there
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is a need for a review of the request, the district may request
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that the council, by resolution, review its request to the
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Governor and provide the Governor with a recommendation.
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Any provision with respect to the acquisition, operation, or
481
disposition of property by public bodies of this state does not
482
apply to a district organized under this chapter unless
483
specifically so stated by the Legislature. The property and
484
property rights of every kind and nature acquired by any
485
district organized under the provisions of this chapter are
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exempt from state, county, and other taxation.
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Section 10. Effective upon this act becoming a law, the
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Department of Agriculture and Consumer Services shall monitor
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all soil and water conservation districts being abolished in
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accordance with this act for statutory compliance through the
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repeal on December 31, 2026, and to ensure that the district is
492
winding up administrative and fiscal matters related to the
493
district in a timely manner while using best practices through
494
the dissolution of the district.
495
Section 11. For the purpose of incorporating the amendment
496
made by this act to section 171.093, Florida Statutes, in a
497
reference thereto, subsection (11) of section 189.074, Florida
498
Statutes, is reenacted to read:
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189.074 Voluntary merger of independent special
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districts.—Two or more contiguous independent special districts
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created by special act which have similar functions and elected
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governing bodies may elect to merge into a single independent
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district through the act of merging the component independent
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special districts.
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(11) EFFECT ON ANNEXATION.—Chapter 171 continues to apply
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to all annexations by a city within the component independent
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special districts' boundaries after merger occurs. Any moneys
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owed to a component independent special district pursuant to s.
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171.093, or any interlocal service boundary agreement as a
510
result of annexation predating the merger, shall be paid to the
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merged independent district after merger.
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Section 12. Except as otherwise expressly provided in this
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act and except for this section, which shall take effect upon
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this act becoming a law, this act shall take effect July 1,
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2026.