Title: Summary of General Legislation passed in 1973
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Permanent Link: http://ufdc.ufl.edu/UF00051383/00001
 Material Information
Title: Summary of General Legislation passed in 1973
Alternate Title: Summary of General Legislation passed in 1973 on Conservation and Natural Resources.
Physical Description: 13p.
Language: English
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 3, Folder 3A ( LEGISLATION - BOX 3, FOLDER 3 ), Item 2
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00051383
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

73-295). Normally the action is taken by the dis-

trict's governing board, but in an emergency the exec-

utive director, with the concurrence of the governing

board, may issue emergency orders that may require

apportioning, rotating, limiting or prohibiting the

use of the water resources of the district. Policies

and rules so adopted will be reviewed, and may be

rescinded, modified or approved, by the Department

of Natural Resources.


Committee Substitute for House Bill 1764

(Chapter 73-249) directed the development of recre-

ational sites in the water conservation areas of the

Everglades to the extent this can be done without

endangering the environment. A 12-member Everglades

Recreational Planning Board was created to plan the

sites and provide advice and assistance during the

implementation of the plan. The sites will be devel-

oped and managed by the Game & Fresh Water Fish

Commission. Additional funds for the development of

a recreational park for the handicapped on St. Joseph's

Island, Gulf County, were provided by House Bill 1645

(Chapter 73-383).



Aquatic Plants

The permitting of aquatic plants was transferred

from the Department of Pollution Control to the Depart-

ment of Natural Resources by House Bill 1366 (Chapter

73-223). House Bill 249 (Chapter 73-217) permits addi-

tional funds for aquatic weed control by restricting

the statutory limitation on funds to those derived from

the First Gas Tax. Other bills relating to plants were

House Bill 1064 (Chapter 73-82) which prohibited the

importation of injurious pests, parasites or predators,

and House Bill 739 (Chapter 73-80) which added certain

plants to those entitled to preservation.

Government Organization

Committee Substitute fqr House Joint Resolution

637 makes the appointment of members of the Game and

Fresh Water Fish Commission subject to Senate approval,

re-defines the Commission's "non-judicial" powers as

"regulatory and executive" powers and authorizes the

Legislature to enact laws in aid of these powers not

inconsistent with the constitutional provision. The

Commission's executive powers in the area of planning,

budgeting, personnel management, and purchasing are


made subject to exercise as provided by law. The amend-

ment provides that the Legislature shall appropriate to

the Commission the revenues derived from its license

fees for the purpose of carrying out the Commission's


House Bill 583 (Chapter 73-146) exempts non-

powered boats used exclusively for commercial fishing

and boats owned and operated by the Tampa, Pinellas,

Jacksonville and Florida Ocean Science Marine institutes

from boat registration certificate fees.

The name of the land mass known as Cape Kennedy

was changed by Senate Bill 217 (Chapter 73-369) to its

historical name of Cape Canaveral. The government

space facility named the John F. Kennedy Space Center

will remain the same.

Salt Water Fisheries

Senate Bill 750 (Chapter 73-208) preempted to

the state all authority to regulate salt water fisheries,

invalidating the exercise of county authority in this

subject area. Senate Bill 684 (Chapter 73-207) granted

authority to the Division of Marine Resources of the

Department of Natural Resources to remove abandoned or

-^ 66


derelict vessels from the public waters of the state,

effective July 1, 1974.

A number of acts regulated the taking or provided

for the protection of various fish, the bills and their

subjects being: House Bill 1090 (Chapter 73-45), re-

lating to crawfish; Committee Substitute for House Bills

1453 and 1507 (Chapter 73-149), relating to the protection

of the permit fish; Senate Bill 224 (Chapter 73-28),

relating to stone crabs; Committee Substitute for House

Bill 1471 (Chapter 73-150) and House Bill 1455 (Chapter

73-362), relating to shrimp. Committee Substitute for

House Bill 448 (Chapter 73-26) relates to trap permits

for blue crabs; and Senate Bill 989 (Chapter 73-211)

relates to submergence devices for crawfish traps.

Spearfishing is regulated by Senate Bill 753 (Chapter

73-141). General regulation of salt water fishing is

provided by Senate Bill 228 (Chapter 73-38). The import

of striped bass for culturing is regulated by Committee

Substitute for House Bill 764 (Chapter 73-10). The

protection of sea fans and coral is provided by Committee

Substitute for House Bill 276 (Chapter 73-145) and of

sea oats and sea grapes is provided by House Bill 262

(Chapter 73-258). The protection of green sea turtles

is the subject of Senate Memorial 795.



Summary of General Legislation, 1973 ... Florida Legislature


Interim study and subsequent enactment of im-

portant legislation dealing with land use, pollution

control, environmental protection and preservation of

natural resources showed the continuing concern of the

Legislature in these areas. However, the inevitable

blending of legislation on these matters became more

marked in the 1973 Session than previously. Thus,

the categories into which the acts have been divided

in this article have little significance except for

their convenience to the reader.


Progress in environmental legislation was carried

forward by the 1973 Session. Under the Florida Land and

Water Resources Act of 1972, the initial guidelines and

standards to be used in determining whether particular

developments shall be presumed to be of regional impact

were given legislative approval by House Concurrent

Resolution 1039. These initial guidelines and standards

were developed in consultation with the environmental

land management study committee and were adopted by the

Administration Commission by rule on March 7, 1973.


The resolution recognized that the Department of Admin-

istration's Division of State Planning is the "state

land planning agency" under the 1972 act. The effec-

tiveness of future changes in the guidelines and standards

relating to developments of regional impact was made

subject to legislative approval by Senate Bill 241

LChapter 73-39). However, emergency acts vital to the

health, safety and welfare of the citizens of more than

one county may be adopted by the Administration Commis-

sion and be effective until the next regular session of

the Legislature, but the effectiveness thereafter is

subject to legislative approval. Committee Substitute

for House Bill 1762 (Chapter 73-131) designated the Big

Cypress Area as one of critical state concern and

initiated a program of state acquisition of lands there-

in, subject to customary Indian usages.

House Bill 1462 (Chapter 73-351) authorized the

state to enter into the Southern Coastal Growth Policies

Agreement, which has the stated purpose of mutual

improvement of each member state in the region by

cooperative planning for the development and conservation

of human and natural resources. A governing board will

be created of all member states, with Florida having



five members appointed by the Governor. The board will

formulate and keep current regional growth objectives,

including recommended approaches to regional problems.

The financial support of the board will be apportioned

between the member states which include sixteen south-

eastern states in addition to Florida, the border ones

being Delaware, Maryland, Kentucky, Missouri, Oklahoma

and Texas.


In place of the present provision that the De-

partment of Pollution Control shall have no jurisdiction

over local acts of a stricter or more stringent nature,

Committee Substitute for House Bill 233 (Chapter 73-256)

provided that the Department shall have jurisdiction to

enforce Chapter 403, F. S., throughout the state and

that wherever a local pollution control program has

stricter or more stringent rules the Department, if it

elects to assert its jurisdiction, shall enforce the

stricter rules in the jurisdiction where they apply. A

violation of the stricter rule was made a violation of

Chapter 403, F. S., and enforcement by both the Depart-

ment and the local program was provided. However, a

change in rule by a local program will not apply to an


installation operating at the time of change under a

valid state permit.

Senate Bill 593 (Chapter 73-360) amended the

present law relating to operating permits for sewage

treatment facilities to allow temporary operating permits

for facilities not providing 90 percent treatment. Those

plants which are demonstrating a good faith effort to

build or improve their sewage treatment facilities to

comply with state laws may be exempted completely or

partially by the Department of Pollution Control from

the prohibition on new sewer connections.

The operating permits allowing new connections

- are valid until July, 1975 subject to periodic evaluation

by the Department. The permit shall be revoked if, upon

examination, the facility is found not to have taken the

affirmative action it proposed or that environmental

damage has resulted from increases in sewer connections.

Owners of small inland lakes of less than 150

acres can gain relief from water pollution and shore

erosion problems through the ordinance powers of county

commissions under House Bill 826 (Chapter 73-147). The

owner can petition the county commission who in turn

can pass an ordinance on the problem. Violation of an




enacted ordinance is punishable as a second degree


When Chapter 403, Florida Statutes, was amended

in 1971, certain definitions in the pollution laws were

inadvertently omitted. Senate Bill 23 (Chapter 73-46)

reenacts the definitions of department, water, contam-

inant, wastes, treatment works, sewage system, installa-

tion, plant, source, and person.

The use of poisons, drugs, chemicals, etc. in

the marine waters of this state is unlawful under Com-

mittee Substitute for Senate Bill 442 (Chapter 73-66),

except when a permit is obtained from the Department of

Natural Resources. Part of the conditions of the permit

is the presence of a marine officer when these materials

are used. A violation is punishable as a second degree



Committee Substitute for House Bill 149 (Chapter

73-33) vests in the state the sole authority concerning

the location of electrical generating facilities and

directly associated transmission lines. New plants and

changes in existing plants that will increase their


generating capacity may not be constructed after

October 1, 1973, without certification by the Depart-

ment of Pollution Control. Within three months of the

date of application the Division of State Planning and

the Public Service Commission shall submit recommenda-

tions, the latter to pertain to the present and future

needs for electricity in the area. The Department may

require an application fee of up to $25,000 and may

make additional studies of proposed facilities and pay

for them with the application fee. An initial hearing

in the county of the proposed site must be held within

60 days of the date of application. If it is determined

at the hearing that the proposed site conforms with

existing land use plans and zoning ordinances, no

further change in them may be made. If rezoning the

proposed site has been denied, the Department may

authorize a variance to existing land use plans and

zoning ordinances. Parties to the hearings include

state, county and municipal governments or agencies,

non-profit environmental, historical, consumer, industry

development groups and others. All evidence from

hearings, study information, and the Department's

recommendations shall be submitted to the Florida




Pollution Control Board within 12 months after time of

application unless extended by mutual assent, and the

Board must act on the application within 60 days. If

granted, the Board's certification binds all agencies

of the state as to the construction of the proposed

power plants and major transmission lines. Each electric

utility is required to submit and update each two years

a ten-year estimate of its power needs and proposed

sites. The Division of State Planning is authorized to

impose a fee not exceeding $1,000 for its study of each

proposed plan, including need as determined by the

Public Service Commission. The Department of Pollution

Control is authorized to prescribe necessary rules,

including the means for monitoring the effects of power

plants to assure continued compliance with certificate


The Florida Energy Committee was created by House

Bill 1491 (Chapter 73-130), as noted in the article on

LEGISLATURE. Other material on energy suppliers is

contained in the article on COMMERCE.

Water Resource Management

The Water Resources Act of 1972 created three


additional water management districts to cover the

entire state. Committee Substitute for Senate Bill 1164

LChapter 73-190) set the boundaries for the Northwest

Basin, Suwannee River Basin and the St. Johns River

Basin. The two existing districts, Southwest Florida

Water Management District and the Central and Southern

Florida Flood Control District, will operate under

present status until 1975 to allow operational develop-

ment of the three new districts. An interim sixth

district called the Ridge and Lower Gulf Coast District

was created to allow functional transition of the

existing two districts in 1975 to their new counterparts.

They will be designated then as the Southwest District

and the South Florida District. The ad valorem taxing

authority of the present districts is not present in

the newly created districts or in portions of territory

the existing districts will acquire under the new

boundary designation.

In addition to implementing the 1972 act, the

1973 act provides for some clarification and changes

in that act. The significant changes relate to the

implementation of programs for consumptive use of water

by providing greater flexibility in the permitting



program. Previously, the law mandated consumptive use

permitting, exclusive of domestic use, whereas it is

now permissive under authority of the water management


Two additional bills were passed affecting the

water management districts. Senate Bill 1264 (Chapter

73-213) will allow the governing boards to establish

new procedures for disbursing district funds. The

present law has been interpreted to prohibit the dis-

trict from disbursing funds to pay bills (regardless

of size) prior to specific board approval. The bill

would allow the board to establish procedures for

payment of bills when received, rather than having to

wait until the next board meeting.

Senate Bill 1202 (Chapter 73-212) authorizes

the district governing board to pay awards up to

$1,000 for information leading to arrest and convic-

tion of persons committing unlawful acts on district

land or to district properties.

The authority of flood control districts to

declare water shortages and to impose emergency restric-

tions upon water users, which was to expire July 1,

1973, was made permanent by House Bill 1823 (Chapter


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