The 2023 Florida Statutes (including Special Session C)

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 582
SOIL AND WATER CONSERVATION

View Entire Chapter

F.S. 582.30

582.30 Discontinuance of districts; referendum; commissioner’s authority.—

(1) Any time after 5 years from the organization of a district under the provisions of this chapter, any 10 percent of owners of land lying within the boundaries of such district may file a petition with the Department of Agriculture and Consumer Services praying that the operations of the district be terminated and the existence of the district discontinued. The department may conduct such public meetings and public hearings upon petition as may be necessary to assist it in the consideration thereof. Within 60 days after such a petition has been received by the department it shall give due notice of the holding of a referendum, and shall supervise such referendum, and issue appropriate regulations governing the conduct thereof, the question to be submitted by ballots upon which the words “For terminating the existence of the (Name of the soil and water conservation district to be here inserted) ” and “Against terminating the existence of the (Name of the soil and water conservation district to be here inserted) ” shall appear with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose discontinuance of such district. All owners of lands lying within the boundaries of the district shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted.

(2) If two-thirds or more of the qualified voters in such referendum shall have voted for the discontinuance of the district, the department shall certify to the supervisors of the district the result of such referendum and that the continued operation of the district is not administratively practicable and feasible.

(3) In the alternative, the Commissioner of Agriculture may dissolve or discontinue a district if:

(a) Upon review and recommendation of the Soil and Water Conservation Council, the council determines that the continued operation of the district is not administratively practicable and feasible under the provisions of this chapter;

(b) The district fails to comply with any audit or financial reporting requirement of chapter 189 and the department’s inspector general reviews and confirms in writing that the district has failed to comply with such requirement; or

(c) The department 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 under the provisions of this chapter.

(4) If the requirements for dissolution or discontinuance of a district are satisfied under subsection (1), subsection (2), or subsection (3), the department shall publish notice of a proposed certification determining that the continued operation of the district is not administratively practicable and feasible under the provisions of this chapter. The notice shall be published once a week for 2 weeks in a newspaper of general circulation within the county or counties in which the district is located, stating the name of the district and a general description of the territory included in the district, and requiring that any comments or objections to the proposed certification, or any claims against the assets of the district, must be filed with the department clerk not later than 60 days after the date of last publication.

(5)(a) Upon expiration of the 60-day period after the date of last publication, the commissioner, upon review of any comments or objections received under subsection (4), may issue a certificate determining that the continued operation of the district is not administratively practicable and feasible under the provisions of this chapter.

(b) If the commissioner issues a certificate determining that the continued operation of a district is not administratively practicable and feasible under the provisions of this chapter, the department shall file the original certificate with the Department of State and shall provide a copy of the certificate to the supervisors of the district at the district’s principal office designated under s. 582.15(1)(c).

History.—s. 14, ch. 18144, 1937; s. 7, ch. 19473, 1939; CGL 1940 Supp. 4151(485); s. 3, ch. 67-207; ss. 14, 35, ch. 69-106; s. 3, ch. 2003-97; s. 52, ch. 2011-206; s. 38, ch. 2012-190.

F.S. 582.30 on Google Scholar

F.S. 582.30 on Casetext

Amendments to 582.30

Arrestable Offenses / Crimes under Fla. Stat. 582.30

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 582.30.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE LE Le, Le Le, v. N. A. P. A. R., 537 B.R. 913 (Bankr. D. Minn. 2015)

. . . . §§ 580.225 and 582.30 Subd. 2. . . .

LARSON, v. NATIONWIDE AGRIBUSINESS INSURANCE COMPANY,, 739 F.3d 1143 (8th Cir. 2014)

. . . . § 582.30, subd. 5(a) (1988)). . . . Stat. § 582.30, subd. 5(a) (1988), was ambiguous in its use of the language "filing a separate action . . .

L. WELK, B. M. J. G. A. Jr. B. A. J. L. v. GMAC MORTGAGE, LLC U. S. N. A. LLP U. S. ND f k a, 850 F. Supp. 2d 976 (D. Minn. 2012)

. . . advertisement is deemed to be “full satisfaction of the mortgage debt, except as provided in section 582.30 . . . Section 582.30, in turn, provides for a deficiency judgment in certain circumstances. . . .

BAILEY, v. UNITED STATES,, 78 Fed. Cl. 239 (Fed. Cl. 2007)

. . . . § 582.30. . . . .

UNITED STATES v. B. NELSON M., 101 F.3d 1284 (8th Cir. 1996)

. . . . -§ 582.30 (1996) bar the United States from suing on the notes. . . . The Nelsons’ reliance on § 582.30, however, is misplaced. . . . See, e.g., Minn.Stat. § 582.30 subd. 1 (“a person holding a mortgage may obtain a deficiency judgment . . . Because the FmHA never foreclosed on the Nelsons’ farm, § 582.30 is not applicable to this case. . . .

VAIL, A. Y. C. v. BROWN, s, 841 F. Supp. 909 (D. Minn. 1994)

. . . to the anti-deficiency provisions of Minnesota law including but not limited to Minnesota Statutes § 582.30 . . . the anti-deficiency provisions of Minnesota law including, but not limited to, Minnesota Statutes § 582.30 . . .

In T. HARSTAD N. d b a, 136 B.R. 806 (Bankr. D. Minn. 1992)

. . . . § 582.30, subd. 2, the mortgagee is prohibited from collecting a deficiency from the debtors since . . . that although they signed guaranties of the debt, they are also the mortgagors and since Minn.Stat. § 582.30 . . . The legislature inserted a new provision, § 582.30, subd. 2, which is a general prohibition against deficiency . . . Minn.Stat. § 582.30, subd. 2 (1986). . . . foreclosure sale under this chapter is full satisfaction of the mortgage debt, except as provided in section 582.30 . . .

G. VAIL, A. L. C. v. J. DERWINSKI, s, 946 F.2d 589 (8th Cir. 1991)

. . . . § 582.30 subd. 2 (1990). . . .

PAGE, a v. CITY OF DULUTH, s s PAGE, a v. CITY OF DULUTH, s s, 945 F.2d 241 (8th Cir. 1991)

. . . Minnesota Statutes § 582.30, subd. 2 (1990) states in relevant part that "[a] deficiency judgment is . . .

PAGE, a v. CITY OF DULUTH, s s PAGE, a v. CITY OF DULUTH, s s, 945 F.2d 241 (8th Cir. 1991)

. . . Minnesota Statutes § 582.30, subd. 2 (1990) states in relevant part that “[a] deficiency judgment is . . .

In MATHIASON, 129 B.R. 173 (Bankr. D. Minn. 1991)

. . . . § 582.30 Subd. 5. . . . deficiency under the note by foreclosing the mortgage, again asserting application of Minn.Stat. § 582.30 . . .

G. VAIL, A. L. C. v. J. DERWINSKI, s, 742 F. Supp. 1039 (D. Minn. 1990)

. . . . § 582.30, subd. 1, (a)(2). . . . Minn.Stat. § 582.30, subd. 2. . . . to the anti-deficiency provisions of Minnesota law including but not limited to Minnesota Statutes § 582.30 . . .

In BREWERY LIMITED PARTNERSHIP, a PAGE, a v. CONSOLIDATED TITLE AND ABSTRACT COMPANY, s s, 113 B.R. 992 (Bankr. D. Minn. 1990)

. . . foreclosure sale under this chapter is full satisfaction of the mortgage debt, except as provided in section 582.30 . . . Minnesota Statutes § 582.30, subd. 2, provides that “[a] deficiency judgment is not allowed if a mortgage . . . Even if the City had not bid in the entire amount owed to it by the debtor, Minnesota Statute § 582.30 . . .

In O. JOHNSON, JCA UNITED FEDERAL SAVINGS BANK, v. O. JOHNSON JCA, 108 B.R. 689 (Bankr. D. Minn. 1989)

. . . . § 582.30(2). . . . .

FEDERAL DEPOSIT INSURANCE CORPORATION, v. HUGHES DEVELOPMENT COMPANY, INC. R. J., 684 F. Supp. 616 (D. Minn. 1988)

. . . . §§ 581.03, 581.09 and 582.30 (1986). . . . Minn.Stat. § 582.30(l)(a)(2); 2. . . .

C. RATANA, v. COMMISSIONER OF INTERNAL REVENUE,, 662 F.2d 220 (4th Cir. 1981)

. . . result, the Commissioner determined the Ratanas were liable for deficiencies in income tax of $91,-582.30 . . .