| Material Information
||Senate Bill 1316 and HB 1823: flood control districts
||Senate Bill 1316 and HB 1823 relating to flood control districts, water shortage emergencies, and amending chapter 72-730, by deleting the repealing clause, and effective date of June 30, 1973, HB signed by Governor
||June 24, 1973
||North America -- United States of America -- Florida
||Box 3, Folder 3A ( LEGISLATION - BOX 3, FOLDER 3 ), Item 17
||Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
3 A bill to be entitled
4 An act relating to flood control districts,
5 water shortage emergencies; amending chapter
6 72-730, Laws of Florida, by deleting the re-
7 pealing clause; providing an effective date.
9 Be It Enacted by the Legislature of the State of Florida:
11 Section 1. Section 2 of chapter 72-730, Laws of
12 Florida is repealed.
13 Section 2. This act shall take effect on June 30, 1973.
SB 1316 HB 1823
By Lane By Shreve
Subject: Water Management Districts Emergency Powers for
During the special session last November, Chapter 72-730
was passed authorizing governing boards of water management
districts to declare water shortages and to issue emergency
Section 2 of the act provided an effective date and also
provided that the bill shall automatically be repealed on
July 1, 1973.
The Water Resources Act of 1972 cannot be fully
implemented by July 1, 1973, therefore, the emergency powers
afforded by Chapter 72-730 should be preserved by repealing
Section 2 of the act. (In other words, repeal the repealer.)
A copy of Chapter 72-730 is attached.
_~~~~~~~~~~~ .__ ----.1~l""III
1972 SPECIAL SESSION Ch. 72-730
FLOOD CONTROL DISTRICTS--WATER SHORTAGES-
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 17-A
An Act relating to flood control districts; amending chapter 378, Florida
Statutes, to create a new section dealing with the declaration of water
shortage and emergency orders; providing an effective date.
SBe It Enacted by the Lcgislature of the State of Florida:
Section 1. Chapter 378, Florida Statutes, is amended by creating a new
section numbered 378.152 to read:
378.152 Declaration of water shortage; emergency orders
(1) The governing board of the district may by order declare that a water
shortage exists within all or part of the district when insufficient ground or
surface water is available to meet the needs of the users, or when conditions
are such as to require temporary reduction in total use within the area to
protect water resources from serious harm.
(2) The governing board may impose such restrictions on one or more users
of the water resource as may be necessary to protect the water resources of
the area from serious harm.
(3) When a water shortage is declared, the governing board shall cause no-
tice thereof to be published in a prominent place within a newspaper of gen-
eral circulation throughout the area. Such notice shall be published each day
for the first week of the shortage and once a week thereafter until the decla-
ration is rescinded. Publication of such notice shall serve as notice to all
users in the area of the condition of water shortage.
(4) If an emergency condition exists due to a water shortage within any
area of the district, and if the executive director of the district with the con-
currence of the governing board, finds that the exercise of powers under this
section are not sufficient to protect the public health,.safety, or welfare, or
the health of animals, fish or aquatic life, or a public water supply, or recrea-
tional, commercial, industrial, agricultural, or other reasonable uses, he may
pursuant to the provisions of Chapter 120, Florida Statutes, issue emergency
orders reciting the existence of such an emergency and requiring that such
action, including but not limited to apportioning, rotating, limiting or pro-
hibiting the use of the water resources of the district, be taken as the execu-
tive director with the concurrence of the governing board deems necessary to -
meet the emergency.
(5) The department of natural resources shall review and may rescind,
modify or approve any policy rule, regulation or order of a water manage-
ment district authorized by tills sectioL
*] ^^ Section 2. This act shall take effect on December 3, 1972 and shall auto-_
1 prvdb vc U rnori )oc. 6, 197..
Filed in Office Secretary of State Dec. 6, 1972.
1 F.S.A. Sess.Laws '73-3 1 5
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