Title: Summary of General Legislation, 1972
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Title: Summary of General Legislation, 1972
Alternate Title: Summary of General Legislation, 1972..Preliminary Draft (Subject to Final Actions).
Physical Description: 19p.
Language: English
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Spatial Coverage: North America -- United States of America -- Florida
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General Note: Box 3, Folder 3A ( LEGISLATION - BOX 3, FOLDER 3 ), Item 3
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Volume ID: VID00001
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which allows funds to remain in the erosion control account

trust fund for up to six years, instead of the previous three. D

The fund is used as state matching funds for projects related

to locally sponsored erosion control.

Eroded beaches are included within the environmentally

endangered lands for which state bonds are proposed by the

Land Conservation Act of 1972 (See "Financing" above).

Senate Bill 133 (Chapter 72-86) recognized the danger

to public beaches by erosion and provided alternate procedures

to be utilized within limits of available appropriation for

the Department of Natural Resources to establish and operate

a program of financial assistance to local governments for the

acquisition of public beach properties. The Department is

_ allowed to make grants and advance loans to the governing body

of a county or municipality not exceeding fair market value of

waterfront property sought by such government for a public

beach. In return for such grants and loans the local govern-

ments may be required to give assurance that they have sufficient

financial ability to furnish or secure funds to complete purchase

of property. The Division of Recreation and Parks may acquire

waterfront property and lease, sell or grant acquired land and

water areas, and related resources to the governing body of the

county or municipality. Acquisition of public beaches in urban

areas and full use of the Federal Land and Water Conservation

Fund Act of 1965 is stressed.

House Bill 1891 (Chapter 72- ) rounds out the beaches

bills of this session by empowering the Division of Recreation

.)









and Parks to provide up to 50% matching funds for the cost of

K purchasing rights-of-way for access roads or walkways to public

beaches on the Atlantic Ocean or Gulf of Mexico.

Pollution Control

Senate Bill 1033 (Chapter 72- ) amended Section

403.051, Florida Statutes, to insure that due process is

observed at hearings conducted by the Department of Pollution

Control.

Judicial and administrative remedies for enforcement

of laws and rules relating to pollution control were provided

in House Bill 2996 (Chapter 72- ). The Department of

Pollution Control was granted authority to institute civil

action to establish liability and recover damages up to $5,000

for each day of each offense. Injunctive relief is further to

be available. Administrative remedies include hearings to

establish liability and provision for orders to pay. Addition-

ally, preventative action by administrative procedures was

authorized, as well as all other legal or administrative action

in accordance with law. Joint and several liability for damages

was established for the full cost of restoring damaged areas to

their previous state. Methods for assessing damages were pro-

vided. Discharge or emission into the atmosphere or waters of

the state of contaminants or noise harmful or injurious to human

health or welfare, animal, plant, or aquatic life or property

was prohibited, in addition to violation of orders of the Depart-

__ ment of Pollution Control. Violation was declared a misdemeanor

of the first degree. A pollution recovery fund, into which all









moneys received in judgment or by order under the act are to

be deposited, was established to provide for restoration of

damaged areas.

House Bill 3020 (Chapter 72-53) required the Department

of Pollution Control to adopt rules which will insure that

after December 31, 1972, no detergents found to have a harmful

effect on human health or on the environment will be sold in

the state. Specific references to phosphorous and polyphosphate

are deleted. Rules are required to be statewide and shall

preempt any county or municipal act or ordinance that is less

strict.

House Bill 3519 (Chapter 72- ) amends Section 377.21,

Florida Statutes, to extend the jurisdiction of the Division of

Interior Resources to the state boundaries as established by

the Constitution. Provision was made for the Division to adopt

rules and regulations for all phases of oil and gas exploration,

drilling and production. Such rules are, in part, specifically

to protect against spillage, as well as for other enumerated

purposes. Provision was made for permitting the production of

oil, gas and other petroleum products and for prohibiting

construction of structures for drilling or production of oil,

gas, etc. within one mile seaward of the coastline, except by

special permit. Further, the Division was granted authority

to review all applications for federal oil leases in United

States territorial waters adjacent to Florida's territorial

waters. Conditions for granting permits for extraction through

well holes were expanded to require programs for control of










pollution. Violation of prohibitions against false state-

ments and incomplete entries was raised from a misdemeanor

of the second degree to one of the first degree. Civil

penalties for violation were set at up to $500 per day per

violation. Pollution of land or water, damage to aquatic

or marine life, wildlife, birds, public or private property,

etc., is prohibited and any such pollution or damage is

required to be reported immediately. Certain exceptions are

enumerated in the act.

House Bill 3220 (Chapter 72-58) provided that no

disposal facilities hereafter constructed will be allowed to

dispose of wastes into designated bodies of water from

Clearwater to Punta Gorda without approval of the Department

of Pollution Control.

Submerged Lands: Bulkheads

Senate Bill 176 (Chapter 72- ) repealed the exemption

of Monroe County from the provisions of the bulkhead act

(Sections 253.122 through 253.128, F. S., inclusive) thereby

bringing Monroe County under regulation. The Board of Trustees

of the Internal Improvement Trust Fund was required within

45 days of the effective date of this act, to adopt a rule

requiring presentation to it, by the executive director of the

board, of applications under Chapter 253, F. S., for approval

or denial by the board within a time to be fixed in the rule.

Also required was adoption of a rule providing for exemption

from permitting procedures of projects not exceeding a size to









be determined by the board. The exemption was not allowed for

any project involving more than five thousand cubic yards of

fill or dredging or exceeding $5,000 in cost. This act will

become effective January 1, 1973.

Committee Substitute for Senate Bill 433 (Chapter 72- )

required the intended purchaser of islands or submerged lands,

at the time of making application for purchase, to submit an

application for the establishment of a bulkhead line and an

application for approval of a fill permit. If the fill material

is to be secured from beneath the navigable waters of the state,

the permit must be submitted in accordance with the provisions

of Chapter 253, F. S. The Trustees of the Internal Improvement

Trust Fund were permitted to convey such islands or submerged

lands with a restrictive covenant prohibiting filling or

dredging, except for navigation purposes. The Trustees were

required to reserve the authority to waive the covenant when

in the public interest to do so.

Construction permits on such lands, presently limited

to three years from date of issuance, are made to expire three

years after the applicant receives all required governmental

authorities. The permit may be revoked if the applicant is

not diligent in obtaining such authorizations. Extension of

permits for additional periods of up to three years was retained

but the Trustees were authorized to require additional studies

* for use in deciding whether to grant extensions. It was

further provided that the application for a fill or dredge

permit must indicate whether or not the applicant holds title









to, and is the riparian owner of the land involved. If not,

in either case, the Trustees then must offer the board of

county commissioners the right to exercise its option to

purchase the land in question pursuant to Section 253.111,

F. S. If that option is not exercised by the board of county

commissioners, the Trustees are required to proceed in their

consideration of the application for permission to dredge or

fill land. The creation of an illegal fill was made punishable

as a first degree misdemeanor, and each day of continuing

violation after the initial citation was deemed to constitute

a separate offense.

Navigation

House Bill 1163 (Chapter 72-20) prohibits moving,

" damaging, or mooring to, except in emergencies, a lawfully

placed navigation marker, including: regulatory markers or

buoys, area boundary markers or buoys, or navigation aid

markers or buoys.

House Bill 104 (Chapter 72- ) provides penalties

for any artificially propelled water vehicle, other than a

seaplane on the water, which constitutes a navigational or

water safety hazard by anchoring or operating, except in

emergencies, under bridges or in or adjacent to heavily

traveled channels. Enforcement of this law is to be provided

by the Division of Marine Resources and its agents, the Game

and Fresh Water Fish Commission and its agent, sheriffs and

deputies or any other law enforcement officer, all of which

have the authority to order removal of the vessel, conduct

I,








pertinent investigations, make arrests and file reports in

connection with such violations.

Senate Bill 131 (Chapter 72-55) provides for the

establishment of a uniform system of regulatory speed and

traffic markers within the Florida Intracoastal Waterway.

The Department of Natural Resources was given authority to

adopt rules and regulations on or before July 1, 1972.

Counties and municipalities with restricted waterway area

designations under Section 371.522, F. S., are required to

apply to the Division of Marine Resources for permission to

place regulatory markers therein. Placement of regulatory

markers within the waterway without a permit is prohibited.

The Division of Marine Resources is authorized to remove any

nonconforming or unpermitted regulatory markers as a nuisance

after December 1, 1973. Section 371.59, F. S., was amended

to revoke ordinances or local laws to the extent that they

apply to the Florida Intracoastal Waterway.

Salt Water Conservation

Senate Bill 388 (Chapter 72- ) provides a statutory

scheme for catching and selling bonefish. The effect of the

act is to prohibit purchase or sale of bonefish; possession

or storage of bonefish by wholesale or retail fish dealers on

their premises; and possession of more than two bonefish by

any one person, firm or corporation at any one time. Possession

of any bonefish less than fifteen inches in length by any person

for any purpose is also made unlawful. Violation is punishable

by a fine of not more than $500 or six months imprisonment.

Taxidermists acting in their line of work are exempted.









Paragraphs (a) and (b) of Section 370.14(2), Florida'

Statutes, are amended by House Bill 2823 (Chapter 72- )

to allow the measurement of crawfish tails for purposes of

establishing minimum tail length while the crawfish is in a

whole condition. Requirement that the crawfish stay in a

whole condition while being transported on, above, or below

the waters of the state is enlarged to encompass crawfish in

possession of seafood dealers; but, the minimum tail length

necessary for removal of the tail by special permit is reduced

from six to five and a half inches.

House Bill 3575 (Chapter 72- ) amended subsection

(4) of the same Section 370.14, Florida Statutes, to authorize

the Division of Marine Resources of the Department of Natural

. Resources to issue permits to licensed seafood dealers to

import, process and package uncooked tails of crawfish,

provided that the crawfish come from waters at least fifty

miles from Florida's shoreline. A fee of $100 to import,

process, and package the tails is required, as well as a fee

of $50 for a seagoing vessel to catch the fish for sale to a

licensed dealer.

House Bill 2446 (Chapter 72 ) amends a number of

requirements relative to minimum legal size for oysters.

Possession of oysters less than legal size is prohibited,

except that such oysters may be placed upon the culling board

of a vessel for the purpose of culling them out. The percent-

age of small oysters includable in a cargo or lot is reduced

from 25% to 15% and measurement by bushel selected at random

K








is provided. A new paragraph is added to Section 370.16(16),

Florida Statutes, to prohibit sale of any oyster less than

legal size and a presumption is created that the seller of

an oyster had knowledge of its size.

House Bill 3227 (Chapter 72- ) directed that

moneys collected by the Trustees of the Internal Improvement

Trust Fund from sale of dead shell or lease bottoms be

deposited in the General Revenue Fund rather than the Marine

Biological Trust Fund. Generally, the purposes for which

this money may be spent remains the same. Although under

the new law the Department of Natural Resources is directed

to spend 20% of such money for oyster and claim rehabilitation

where each county previously spent such money.

Senate Bill 241 (Chapter 72-54) makes third conviction

for shrimping in a closed area a felony, and provides for

revocation of the person's and the vessel's permit for two

years from the date of conviction. If the convicted party

has no permit, he and the vessel are to be ineligible for

a permit for five years.

Law relating to shrimp fishing in Clay, Duval,

Putnam, and St. John's Counties was amended by House Bill

4018 (Chapter 72-116) to prohibit the taking of dead shrimp

on Saturday, Sundays, or legal state holidays. Previous

law applied the prohibition to both live and dead shrimp.

Miscellaneous

An appropriation of $60,642 was made from the General

Revenue Fund to the Division of Marine Resources of the



_..__-~---.----- ---- -- -- 9









Department of Natural Resources for the payment of salaries"

and other operating expenses of the Marine Research Labora-

tory for the period beginning March 1, 1972, and ending

June 30, 1972. (Senate Bill 1151, Chapter 72- ).

House Bill 1361 (Chapter 72- ) made the Preservation

of Wild Trees Act, Section 865.06, F. S., applicable to the

Sabal Palmetto (Cabbage Palm).





/


Summary of General Legislation, 1972 ... Preliminary Draft

(Subject to Final Actions)

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION


A highlight of the 1972 Legislature was its enactment

of far-reaching natural resource planning and management

legislation, and provisions for the financing of the measures.

Planning General

Committee Substitute for House Bill 3801 (Chapter

72- ) enacted the Florida State Comprehensive Planning Act

of 1972. The structure of the Department of Administration

was changed as follows: the Division of Planning and

Budgeting was renamed the Division of State Planning; a

Division of Budgeting was created; and the Bureau of Planning

and the Bureau of Budgeting were deleted from the statutes.

Provision was made for the preparation and publication of a

state comprehensive plan, the object of which is to provide

long-range guidance for the orderly social, economic and

physical growth of the state, and the Governor was named to

be the chief planning officer of the state.

The Division of State Planning was directed to develop

a land use plan, within the framework of the state comprehen-

sive plan, to guide decisions relating to public and private

development within the state in such a manner that the natural

resources and environment will be protected.

Legislative approval was required for the adoption of

the state comprehensive plan, and state departments or

agencies were prohibited from adopting projects inconsistent
with the
with the plan.








Planning Land & Water Management

Committee Substitute for Senate Bill 629 (Chapter

72- ) enacted the "Florida Environmental Land and Water

Management Act of 1972." The state land planning agency

was authorized to recommend, and the Administration Commis-

sion composed of the Governor and Cabinet was authorized

to designate, geographical areas of the state as areas of

critical state concern. Local governments were authorized

to adopt appropriate land development regulations for such

areas, subject to approval of the state land planning

agency, and procedures were provided for adoption of regu-

lations by the Commission at the recommendation of the

agency, if local governments failed to formulate proper

regulations. Procedures for enforcement of regulations were

provided, and the land areas which could be designated as

areas of critical state concern were limited to 3% of state

land.

Developments of regional impact were defined as

construction projects which, because of their large scale,

presented issues of regional or state significance.

Procedures were provided whereby a developer could apply

for designation of a project as a regional impact develop-

ment. The state land planning agency is to print each week

a list of all applications that have been filed.

The Florida Land and Water Adjudicatory Commission,

consisting of the Administration Commission, was created to

act as an appeals board for decisions of local zoning boards

concerning areas of critical state concern or regarding








/

developments of regional impact. Judicial review of

Commission decisions was provided.

Protection of the constitutional rights of land-

owners was expressly provided for, as was a requirement

that a specification of reasons accompany a denial of

developmental permits.

An Environmental Land Management Study Committee

of fifteen members was created to study all facets of

land resource management and land development regulation.

This Committee was required to submit a report of its

findings to the Governor and Legislature not later than

December 30, 1973. An appropriation of $150,000 from the

General Revenue Fund to the Department of Administration

was provided to carry out the terms of this act for the

period from May 1, 1972, through June 30, 1973.

The effective date of this act was set at July 1,

1972, except for the sections concerning the appropriation

and the Environmental Land Management Study Committee,

which were to become effective May 1, 1972, and with the

further provision that no area was to be designated as an

area of critical state concern until a favorable vote

occurred at a referendum on a state bond program for the

acquisition of lands of environmental importance to the

state or region. (See "Financing", below)

Planning Water Use

House Bill 4060 (Chapter 72- ) enacted the Florida

Water Resources Act of 1972 for the comprehensive manage-

ment of the state's water resources. The Department of









Natural Resources was granted broad supervisory power, while

direct authority was vested in certain water management dis-

tricts. Acts of other governmental bodies, specifically use

of the powers of eminent domain, are required to be brought

to the attention of either the Department or the appropriate

water management district before action is taken. Most rules

and regulations of the water management districts are likewise

made subject to approval by the Department.

The act requires development of a state water use plan,

which shall include consideration of minimum flow of all

surface watercourses, minimum water level, public recreation,

protection and procreation of fish and wildlife, and water

supply sources. This plan, together with water quality

standards and classification established by the Department of

Pollution Control, is to comprise the Florida water plan.

Five water management districts were created as the northwest

Florida, Suwannee River Basin, St. John's River Basin, south-

west Florida, and south Florida water management districts.

Boundaries of these various districts is to be determined by

the Department of Natural Resources at a later time. Their

governing boards of nine members are to be appointed by the

Governor to four year terms and are subject to confirmation

by the Senate. The boards are generally to enforce the

provisions for water management enumerated by the act and

any other laws, rules, and regulations pertaining thereto.

In addition the boards may issue permits; plan, construct,

operate and maintain works of the district; determine,
7)









establish and control level of water; spend 1/4% of its annual

revenue for promotion, advertising, and program review; charge

fees for permits; tax in the manner prescribed by law for ad

valorem taxation; grant permission for projects involving

artificial recharge or the intentional introduction of water

into any underground formation; establish procedures for water

use and construction of dams, impoundments, etc.; issue

emergency orders; if so delegated, issue permits for sources

of water pollution; require property for flood control, water

storage, water management, and preservation of wetlands,

streams, and lakes; require prior permission for construction

of wells; license persons engaging in construction of wells;

allow well construction standards; revoke permits; take acts

necessary to replenish ground water; and do all other things

necessary to those purposes.

The act further requires permits in the case of manage-

ment and storage of surface water, including installation and

maintenance of headgates, valves, and measuring devices.

Tampering with a measuring device is made a misdemeanor of the

second degree,and dams, impoundments, etc., which violate

the act are declared to be public nuisances.

Committee Substitute for House Bill 3432 (Chapter 72-

) revised the basic structure of the state's drainage law

(Chapter 298, F. S.). The purpose of water management districts

(previously drainage districts) was clarified as being the

preservation and protection of water resources, and irrigation
- was included as a means of the said protection. A majority of








landowners within a proposed district were permitted to

petition for the formation of a water-management district,

with a list of owners within the proposed district, along

with a description of their land and certain maps or plats

required to be included in the sworn petition.

The notice of publication of a proposed district also

was required to describe by name and address the owners and

parcels of land to be included, and the circuit court was

required to hold a full hearing on the petition. Owners of

land contiguous or adjacent to the proposed district were

permitted to file objections with the court, and the Depart-

ment of Natural Resources was required to file an answer with

the court. Also local governing bodies of areas proposed to

be included in a district were permitted to file objections.

Notice requirements similar to those for creating districts

were also provided for amendment of former decrees estab-

lishing districts, for consolidation of existing districts,

and for extension of district boundaries.

Members of district boards of supervisors were

required to be residents of counties in which district land

was located, and landowners with less than one acre of land

were entitled to have one vote at supervisor's elections.

Copies of records of supervisor's proceedings were required

to be filed with the clerk of the circuit court and with the

Department of Natural Resources. A copy of the annual audit

of a district's finances was required to be filed with the

" state auditor.

.)









The boards of supervisors of districts were restricted

in their powers to implement only those improvements outlined

in the water-management plan, and powers given supervisors to

construct and maintain hydroelectric plants were repealed.

Annual reports of districts, and district water-management

plans were required to be filed with the Department of Natural

Resources. The Department was required to review district plans

every five years.

The permitted tax per acre was increased to an amount up

to one dollar per acre from an amount up to fifty cents per

acre. The rate of permitted interest on loans for emergencies

was increased from eight to ten percent, and the rate of interest

on certain evidence of indebtedness was increased from six

percent to eight percent. It was provided that the collection

and enforcement of all taxes levied by districts shall be as

county taxes are collected and enforced. Various provisions

relating to the prior method of collection and enforcement were

repealed. Also repealed was the provision relating to the

approval of district bonds by the Department of Natural Resources.

Senate Bill 648 (Chapter 72- ) authorized the use of

aquifers or other subterranean bodies of water for regulation

of water levels in flood control districts regulated by Chapter

378, F. S.

House Bill 3746 (Chapter 72-114) authorized the Department

of Agriculture and Consumer Services to determine the election

place, as well as the date, for electing district supervisors of

soil and water conservation districts regulated by Chapter 582,

F. S.









Financing

Senate Bill 1245 (Chapter 72- ) appropriated

$4 million from the Internal Improvement Trust Fund to

the fund's Trustees for the acquisition of natural resource

lands during the fiscal year ending June 30, 1973.

Committee Substitute for House Bill 4228 (Chapter

72- ) created the "Land Conservation Act of 1972." The

issuance of state bonds pledging the full faith and credit

of Florida in an amount not to exceed $200 million for

state capital projects for environmentally endangered lands,

and in an amount not to exceed $40 million for state capital

projects for outdoor recreation lands, was agreed to subject

to approval by a vote of the electors at the general

election in November 1972, pursuant to Section 11(a) of

Article VII of the State Constitution. Also authorized

was the development and execution of a comprehensive plan

to conserve and protect environmentally endangered lands.

Senate Joint Resolution 292 proposes to amend

Section 9(a) of Article XII of the State Constitution to

delete the prohibition against the issuance of revenue bonds

under the authority of Section 17 of Article IX of the

Constitution of 1885, and to reinstate this section,

permitting revenue bonds, revenue certificates, and other

evidences of indebtedness issued hereafter under said

authority may be issued by the agency of the state authorized

to do so by law. The issuance of revenue bonds under this

amendment would be for the acquisition of lands and water

areas in furtherance of outdoor recreation and natural resources

conservation.








Recreational Uses; Wilderness System

Committee Substitute for Senate Bill 962 (Chapter 72- )

authorized the director of the Game and Fresh Water Fish Commis-

sion to issue permits for recreational use of state-owned lands.

Previously, such permits had been authorized for hunting purposes

only. The maximum permissible charge for a permit was increased

from $5.00 to $10.00. Revenues raised from such permits were

earmarked for the purchase and lease of lands for public recre-

ational use.

Committee Substitute for Senate Bill 187 (Chapter 72- )

amended the State Wilderness System Act to permit privately owned

land to be included in the wilderness system upon recommendation

of the Interagency Advisory Committee. The land must be leased

- to the Trustees of the Internal Improvement Trust Fund for a

minimum of 50 years, but may be terminated by the Trustees when

in the best interest of the system. Recognition of the lease

and the use restrictions is authorized in assessing the land. A

parallel purpose was implemented by House Bill 3772 (Chapter

72-181), which amended Section 193.501, F. S., to extend the

preferential assessment of lands dedicated to outdoor recreational

or park purposes by covenant or conveyance of development rights

to lands covered by such covenants or conveyances to the Trustees

of the Internal Improvement Trust Fund.

Beaches

Important bills pertaining directly to beaches were

enacted by the 1972 Legislature. The restoration of eroded

beaches was strengthened by Senate Bill 597 (Chapter 72- )
/




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