Title: Copies of Laws: Ch. 74-287 (House Bill No. 3120)
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Title: Copies of Laws: Ch. 74-287 (House Bill No. 3120)
Alternate Title: Copies of Laws: Ch. 74-287 (House Bill No. 3120), Ch. 74-218 (House Bill No. 3110), Ch. 74-279 (House Bill No. 1216), Ch. 74-234, Ch. 74-170 (House Bill No. 4017), "Probably should repeal 373.171," "Should amend 373.309
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
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General Note: Box 3, Folder 3C ( LEGISLATION - BOX 3, FOLDER 3 ), Item 101
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CHAPTER 74-287
House Bill No. 3120
AN ACT relating to water management districts; creating 373.604, Flor-
ida Statutes; authorizing the governing board of a district to adopt
a program of meritorious service awards for district employees; pro-
viding a limit on such awards; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 373.604, Florida Statutes, is created to read:
373.604 Awards to employees for meritorious service.-The governing
board of any water management district may adopt and implement a pro-
gram of meritorious service awards for district employees who make
proposals which are implemented and result in reducing district ex-
penditures or improving district operations, or for district employees who
make exceptional contributions to the efficiency of the district or who
make other improvements in the operations of the district. No award
granted under the provisions of this section shall exceed two thousand
dollars or 10 percent of the first year's savings, whichever is less, un-
less a larger award is made by the legislature. Awards shall be paid
by the district from any available funds.
Section 2. This act shall take effect October 1, 1974.
Approved by the Governor June 25, 1974.
Filed in Office Secretary of State June 25, 1974.







CHAPTER 74-218
House Bill No. 3119
AN ACT relating to water management districts; creating 373.605, Flor-
ida Statutes; authorizing the governing board of any district to adopt a
plan of group insurance for employees of the district; authorizing the
payment of the premiums therefore; ratifying group insurance agreements
now in effect which conform to this act; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. 373.605, Florida Statutes, is created to read:
373.605 Group insurance for water management districts.-The govern-
ing board of any water management district is hereby authorized and em-
powered to provide group insurance for its employees in the same manner
and with the same provisions and limitations authorized for other public
employees by sections 112.08, 112.09, 112.10, 112.11, 112.12 and 112.14,
Florida Statutes.
Section 2. Any and all insurance agreements now in effect which con-
form to the provisions of this act are hereby ratified.
Section 3. This act shall take effect October 1, 1974.
Approved by the Governor June 18, 1974.
Filed in Office Secretary of State June 19, 1974.















CHAPTER 74-279
House Bill No. 1216
AN ACT relating to artesian wells; amending 373.209, Florida Stat-
utes, relating to penalties for violations, to require that violations be
with knowledge and intent and to provide that violation is subject to
certain remedial measures or to a civil penalty of one hundred dollars
($100) a day for each violation; providing an exemption; providing
an effective date.
Be It Evacted by the Legislature of the State of Florida:
Section 1. Section 373.209, Florida Statutes, is amended to read:
(Substantial rewording of section. See 373.209, F.S., for present text.)
373.209 Artesian wells; penalties for violation.-
(1) No owner, tenant, occupant or person in control of an artesian
well shall knowingly and intentionally:
(a) Allow the well to flow continuously without a valve, or mechanical
device for checking or controlling the flow.
(b) Permit the water to flow unnecessarily.
(c) Pump a well unnecessarily.
(d) Permit the water from the well to go to waste.
(2) A well is exempt from the provisions of this section unless the
department of natural resources can show that the uncontrolled flow of
water from the well does not have a reasonable beneficial use as defined
in section 373.019(5), Florida Statutes.
(3) Any person who violates any provision of this section shall be
subject to either:
(a) The remedial measures provided for in 373.436; or
(b) A civil penalty of one hundred dollars ($100) a day for each and
every day of such violation, and for each and every act of violation. The
civil penalty may be recovered by the water management board of the
water management district in which the well is located or by the depart-
ment of natural resources in a suit in a court of competent jurisdiction
in the county where the defendant resides, or in the county of residence
of any defendant, if there is more than one (1) defendant, or in a court
of competent jurisdiction in the county where the violation took place.
The place of suit shall be selected by the board or department, and the
suit, by direction of the board or department, shall be instituted and
conducted in the name of the board or department by appropriate counsel.
The payment of any such damages does not impair or abridge any cause
of action which any person may have against the person violating any
provision of this section.
(4) The penalties provided by this section shall apply notwithstanding
any provisions of law to the contrary.
Section 2. This act shall take effect October 1, 1974.
Approved by the Governor June 25, 1974.
Filed in Office Secretary of State June 25, 1974.

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CH 79- ?3'

collected by him and shall make an annual report to the board of
county commissioners within fifteen days of the close of his fiscal year.
Such report shall specify in detail the purposes, character, and amount of
all official expenses and the amount of net income or unexpended budget
balance as of the close of the fiscal year. All officers shall prepare such
reports and subscribe under oath as to their accuracy and propriety.
(2) On or before the date for filing the annual report, each county
officer shall pay into the county general fund all money in excess of the
sum to which he is entitled under the provisions of chapter 145. Whenever a
tax collector or a+ assesseo i e a++y county has money in excess, he shall
distribute the excess to 4dvide the exees 4+tti 4 pea4 io p e eth go-vet+-
me~-tal + 4-it -sy4+et fee~, n-d each governmental unit in the same pro-
portion as the fees paid by the governmental unit bear to the total fee
income of his office s-hall ree-e4e as ite propFtei-t e4 the exeese fees trh
jtH-m-t-i4*++ o4f said ex-eees fees tht-t its -fee pfty+-weR+t eprese-nt4e o The
oPi er-e I t*t44 ee i-eetie. Any excess held by an assessor shall be divided
into parts for each goer' mentall unit which was billed and which paid
for the operation of the assessor's office in the same proportion as the
govCrminv rntl units were originally billed. Such part shall be an advance
on the current year's bill, if any.
(4) Compliance by a county officer with the provisions of this section
shall exempt said officer from making any report required pursuant to
116.03.
Section 18. Subsections (3), (3) and (4) of section 373.536, Florida
Statutes, are amended and subsection (5) is added to said section to read:
373.536 District budget and hearing thereon.-
(1) Commencing October 1, 1975 J-4y -1- 4-956, the fiscal year of dis-
tricts created under the provisions of this chapter shall extend from
October 1 Jly 4- of one year through September 30 J*une 4 of the fol-
lowing year. The governing board of the district, shall on or before July
15 between April 4- sd + -0 of each year complete the preparation of a
tentative budget for the district covering its proposed operation and re-
quirements for the ensuing fiscal year. The budget shall set forth,
classified by object and purpose, and by fund if so designated, the proposed
expenditures of the district for bonds or other debt, for construction, for
acquisition of land, and other purposes, for operation and maintenance of
the district's works, the conduct of the affairs of the district generally,
to which may be added an amount to be held as a reserve.
(3) On a date to be fixed by the governing board, between -April -14
attd e4 4 each year the board shall publish a notice of its intention to
adopt the budget or as the same may be amended for the district for
the ensuing fiscal year. The notice shall set forth the tentative budget in
full, and shall be notice to all owners of property subject to the district
taxes that on a date and at a place appearing in the notice, opportunity
will be afforded to such owners, their attorneys or agents, to appear before
the board and show their objections to the budget. The notice shall be
published for two consecutive weeks, in one (1) or more newspapers
tafy newespper qualified to accept legal advertisements having a combined
general circulation in the counties each ee-trty having land in the district,
the last insertion of which shall appear not less than one nor more
than three weeks prior to the date set by the board for the hearing on

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the budget, or if there be no such newspaper then by posting the notice as
provided by 50.0)21.

(4) The lhearing will be by and before the governing board of the dis-
trict on a date to be fixed by the b board not sooner than one week and
not later than three weeks after the date of the last publication of notice
of intention to adopt the budget and may be contain uedl from day to day until
termik n ated by the board. Promptly thereafter, the governing board shall
give considerations to objections filed against the budget and in its dis-
cretion may amendl modify or change the tentative budget. The board
shall b4y Ji e 4-0 -fo-lowi-t~ adlolt a final budg et for the district which
shall thereupon he the operating and fiscal guide for the district for the
ensuing year; provided, however, transfers of funds nay be made within
the budget by action of the governing board at a public meeting of the
governing board. Should the district receive unanticipated funds after
the adoption of the final budget, the final budget may be amended
by including the said funds, so long as notice of intention to amend shall
be published one time in one (1) or more newspapers a iew w+paf-p
qualified to accept legal advertisements having a combined general cir-
culation in the, counties e ah eoeftty.in the district. The notice shall set
forth the proposed amendment and shall be published at least ten days
prior to the public meeting of the board at which the proposed amendment
is to be considered. Provided, in the event of disaster or of emergency
arising to prevent or avert the same, tlhe governing board shall not be
limited by the budget but shall have authority to apply such funds as may
be available therefore or as may be procured for such purpose.

(5) For the period from July 1, 1974, through September 30, 1975, the
districts created pursuant to this chapter may adopt two (2) separate
budgets to cover a twelve (12) month fiscal year and a three (3) month
fiscal year or a single budget to cover a fifteen (15) month fiscal year.
Other than the times specified, such budgets shall be adopted in compliance
with the provisions of this section.

Section 19. Section 193.507, Florida Statutes, is created to read as
follows:

(1) The tax assessor, on an annual basis, shall determine what land
lying within the county has by rule been designated an area of critical state
concern or any part thereof by the administration commission under the
provisions of section 380.05, Florida Statutes, 1972 Supplement, and over
which land development regulations have been approved or established
pursuant to the provisions of said section.

(2) Any landowner whose land has been assessed on the basis of a use
which has been prohibited by the land development regulations adopted
or approved pursuant to the designation of an area of critical state
concern may on or before April 1, of each year, petition the tax assessor
for a reclassification and reassessment of the land for the upcoming tax
year.
(3) TIhe tax assessor shall examine thie petition, tlhe land development
rules and regulations in e effect within thec area of critical state concern
and the land, and shall secure any other information necessary. The tax
assessor shall then make a determination of the highest and best use
to which the land could have been expected to have been put under the
existing tax classification and shall determine whether or not the land


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CHAPTER 74-170
House Bill No. 4017
AN ACT relating to environmental control, chapter 403, Florida Statutes;
amending 403.201(1), Florida Statutes, to allow variances granted pur-
suant to part II of chapter 403 to extend for the life of the permit;
amending 403.511, Florida Statutes, to allow variances as conditions
of certification of power plant sites; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (c) of subsection (1) of section 403.201, Florida
Statutes, is amended to read:
403.201 Variances.-
(1) Upon application the department in its discretion may grant a
variance from the provisions of this act or the rules and regulations
adopted pursuant hereto. Variances and renewals thereof may be granted
for any one of the following reasons:
(c) To relieve or prevent hardship of a kind other than those provided
for in paragraphs (a) and (b) above. 'Variances and renewals thereof
granted under authority of this paragraph shall each be limited to a
period of twenty-four months- except that variances granted pursuant to
part II of this chapter may extend for the life of the permit or certifica-
tion.
Section 2. Subsection (2) of section 403.511, Florida Statutes, is amend-
ed to read:
403.511 Effect of certification.-
(2) The certification agreement shall authorize the electric utility
named therein to construct and operate the proposed electrical power
plant subject only to the conditions set forth in such certification. The
certification agreement may include conditions which constitute variances
from nonprocedural standards or regulations otherwise applicable to the
construction and operation of the proposed electrical power plant.
Section 3. This act shall take effect upon becoming law.

Approved by the Governor June 11, 1974.
Filed in Office Secretary of State June 12, 1974.





This public document was promulgated at a base cost of $10.64 per page
for 1000 copies for the purpose of informing the public of Acts passed
by the Legislature.




1

CODING: Words in steis thlwe+hk type are deletions from existing law;
words in italics are additions.







I


























Probably should repeal 373.171
it requires a higher standard since no rule or regulation
shall be adopted, issued, amended or repealed unless a
need for such action is shown by a preponderance of the
evidence presented at the public hearing.






























Should amend 373.309 to give Governing Boards authority to
to adopt rules in this section. This section seems to
indicate that this is to be done by DNR and then it can
delegate its authority to administer the rules and
regulations adopted under this section.




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