No. HB 123
Filed under Local Government.
Special Districts; Abolishes certain soil & water conservation districts; transfers assets & liabilities of such districts to DACS; provides that independent special district that grants public access to district lands or water areas for outdoor recreational purposes owes no duty of care to perform specified actions; provides that independent special district is not responsible for injury to persons or property caused by act or omission of such person upon such lands or water areas; provides certain protection to owner of private land if independent special district secures easement or other access right through such private land to district lands or water areas that independent special district makes available to public for outdoor recreational purposes; provides that special district may purchase commodities & contractual services from purchasing agreements of this state; provides that independent special district may require, by resolution, criminal history screening for certain persons; revises qualifications of supervisor of soil & water conservation district; requires DACS to monitor specified soil & water conservation districts & ensure that each district is winding up administrative & fiscal matters in timely manner & using certain practices.
Plain English Summary
AI-GENERATEDIndependent special districts that let the public use their land or water for recreation now owe no duty to keep it safe or warn of hazards, and are not liable for a visitor's injuries.
Thirty-five named soil and water conservation districts are abolished on December 31, 2026, with their assets and liabilities moving to the Department of Agriculture and Consumer Services.
After a city annexes land served by an independent fire control district, that district keeps serving the area and keeps taxing and charging fees on it -- the city gains no control over fire service there.
Special districts also gain new powers: buying off the state's purchasing contracts, requiring criminal background checks for sensitive positions and contractors, and a widened but now document-verified list of who can serve as a soil and water district supervisor.
AIEffective December 31, 2026, thirty-five named soil and water conservation districts across Florida are dissolved, with every asset and liability each one holds transferred to the Department of Agriculture and Consumer Services.
AIWhen a municipality annexes land served by an independent special fire control district, the district -- not the city -- remains the fire service provider there, and keeps levying its taxes, impact fees, and assessments on that land indefinitely.
AIA new statute says an independent special district that opens land or water to the public for outdoor recreation owes no duty to keep it safe, warn of hazards, or answer for injuries another visitor causes, whether that visitor was invited or trespassing.
AISpecial districts could previously buy commodities and services only through purchasing agreements set up by other special districts, municipalities, or counties. They may now also buy through the state's own purchasing agreements, if those met comparable procurement standards.
AIA district's governing board may, by resolution, require state and national fingerprint-based criminal history checks for employees, appointees, contractors, and vendors it decides are critical to security or public safety, or who have direct public contact.
AISupervisor eligibility expands from three farming-and-landownership categories to eight, including agriculture-adjacent professionals and vendors. Candidates must now document their eligibility at qualifying, and the Commission on Ethics must investigate any sworn complaint that a supervisor does not qualify.
AIA soil and water conservation district running demonstration projects, cooperative agreements, or equipment-sharing within another district's boundaries no longer needs that other district's consent first.
AIIndependent special fire control districts are removed entirely from the performance-review schedule the law currently imposes on them every five years, whether reviewed by an independent contractor or, for rural districts, by state auditors. Only hospitals remain subject to that schedule.