Title: State of Florida, Executive Department, Proclamation of the Governor
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Title: State of Florida, Executive Department, Proclamation of the Governor
Alternate Title: State of Florida, Executive Department, Proclamation of the Governor I. Reubin O'D. Askew, convening a special session of the Florida Legislature to consider legislation relating to 9 issues: (7) Flood Control Districts, providing a new statutory provis
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Spatial Coverage: North America -- United States of America -- Florida
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General Note: Box 3, Folder 5A ( WATER SHORTAGE, VOL. I. B3F5 ), Item 53
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State of Florida



EXECUTIVE DEPARTMENT



PROCLAMATION OF THE GOVERNOR

WHEREAS, on the 24th day of November, 1972, a Proclamation of the
Governor was issued convening a special session of the Florida Legislature
commencing on the 28th day of November, 1972, and
WHEREAS, it is necessary and in the best interest of the State to amend
the Proclamation of the Governor of November 24, 1972, in order to expand
the call of the special session so that the Legislature may consider the
additional emergency legislative business set forth below.
NOW, THEREFORE, I, REUBIN O'D. ASKEW, Governor of the State
of Florida, in obedience to my constitutional duty and by virtue of the
power and authority vested in me by Section 3, Article III, Constitution of
Florida (1968), do hereby proclaim as follows:
Section 1.
That the Legislature is convened for the sole purpose of considering
legislation relating to:
(1) Capital punishment, including the redefinition of capital crimes, pro-
viding alternative sanctions for offenses formerly designated capital, pro-
viding procedures for sentencing, and other related matters.
(2) Concurrent resolution relating to the ratification of the proposed
Equality of Rights Amendment (Proposed 27th Amendment) to the United
States Constitution.
(3) Establishment of a revolving fund for loans by the Department of
Pollution Control to local governmental agencies for sewer treatment facili-
ties, and providing necessary appropriation.
(4) Supplemental appropriations for fiscal year 1972-73 to the Depart-
ment of Pollution Control in order to expand the Department's programs
for technical assistance to local government agencies.
(5) Supplemental appropriation for fiscal year 1972-73 (in the approxi-
mate amount of 9.5 Million Dollars) to fully fund the State Minimum
Foundation Program for Schools (K-12).

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(6) Supplemental appropriation for fiscal year 1972-78 (in the approxi-
mate amount of 9 Million Dollars) to the University of South Florida
Medical Center for additional capital outlay funds for the construction of
Phase II of the Medical Center.
(7) Flood Control Districts, providing a new statutory provision dealing
with the declaration of water shortage and emergency orders and related
matters.
(8) Amendment of Section 167.431, Florida Statutes, restoring the ex-
emption for churches from the payment of any municipal utility tax.
(9) Amendments to Chapter 27, Florida Statutes, authorizing public
defenders to represent insolvent persons who are under arrest for, or
charged with, a misdemeanor or violation of municipal or county ordinance,
and authorizing counties and municipalities to contribute funds to public
defenders for the purpose of defending misdemeanors and violations of
municipal or county ordinances.
Section 2.
Except as amended by this Proclamation, the Proclamation of the Gover-
nor dated November 24th, 1972, is ratified and confirmed.
IN TESTIMONY WHEREOF, I have hereunto
0 set my hand and caused the Great Seal of the
State of Florida to be affixed at Tallahassee, the
S-Capitol, this 29th day of November, 1972.

Reubin O'D. Askew
'oD w GOVERNOR

ATTEST:
Richard (Dick) Stone
SECRETARY OF STATE



















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LAWS OF FLORIDA CHAPTER 72-730

Section 3. There is appropriated from the general revenue fund the sum
of three hundred thousand dollars ($300,000) for compensation other than
salaries to the circuit court and other related matters for fiscal year 1972-
73. This appropriation is supplementary to funds appropriated by Chapter
72-409 and Chapter 72-405, Laws of Florida.
Section 4. This act shall be effective January 1, 1973, and shall expire
June 30, 1973.
Approved by the Governor December 6, 1972.
Filed in Office Secretary of State December 6, 1972.



CHAPTER 72-730
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.
Be It Enacted by the Legislature 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
notice thereof to be published in a prominent place within a newspaper of
general 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
declaration 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 concurrence 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 recreational, commercial, industrial, agricultural, or other reason-
able uses, he may pursuant to the provisions of Chapter 120, Florida
Statutes, issue emergency orders reciting the existence of such an emer-
gency and requiring that such action, including but not limited to appor-

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CHAPTER 72-732 LAWS OF FLORIDA

tioning, rotating, limiting or prohibiting the use of the water resources of
the district, be taken as the executive 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 this section.
Section 2. This act shall take effect on December 1, 1972 and shall auto-
matically be repealed on July 1, 1973.
Approved by the Governor December 6, 1972.
Filed in Office Secretary of State December 6, 1972.



CHAPTER 72-731
House Bill No. 28-A
AN ACT relating to public schools; providing a supplemental appropriation
for the state's portion of the 1972-73 minimum foundation program K-12;
repealing paragraph (b) of item 199, section 1 of chapter 72-409, Laws of
Florida; providing a method for allocation; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. There is hereby appropriated from the general revenue fund
three million three hundred fifty-seven thousand nine hundred dollars
($3,357,900.00) which shall be added to, and become a part of, the amount
appropriated for the minimum foundation program K-12 contained in item
199, section 1 of chapter 72-409, Laws of Florida. This appropriation is to
be utilized for the purpose of providing the state's portion of the minimum
foundation program K-12 as provided by chapter 236, Florida Statutes,
as amended.
Section 2. Paragraph (b) of item 199, section 1 of chapter 72-409, Laws
of Florida, is repealed.
Section 3. The amount appropriated for school lunch programs in item
199, section 1 of chapter 72-409, Laws of Florida, shall be allocated pur-
suant to the provisions of chapter 72-316, Laws of Florida.
Section 4. This act shall take effect upon becoming a law.
Approved by the Governor December 6, 1972.
Filed in Office Secretary of State December 6, 1972.



CHAPTER 72-732
Committee Substitute for House Bill No. 16-A
AN ACT relating to the department of pollution control; providing an
appropriation; providing an effective date.

28





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192 COMMENTARY

prove that his nonuse was due to extreme hardship caused by
factors beyond his control.
(5) The governing board may revoke a permit, permanently
and in whole, with the written consent of the permitted.

COMMENTARY. Although an impressive array of civil and criminal
sanctions are available to the governing board under 1.25, revoca-
tion of permit rights will probably prove to be the most effective tool
in enforcing the provisions of this chapter.
Under this section revocation may be total or partial, and temporary
or permanent. In addition to its use as a sanction, revocation may also
be employed to formalize a complete or partial abandonment of permit
rights. As under western permit systems, water rights do not remain
dormant but must be exercised. Of course, a permit may also be
revoked with the consent of the permitted. This would happen when
such a person has decided to obtain his water from another water
supply.
This section is original. Subsection (4), however, is comparable to
provisions in the Arizona131 and Texas132 statutes.

2.09 Declaration of Water Shortage
(1) The governing board, by regulation, shall formulate a plan
for implementation during periods of water shortage. As a part
of this plan the governing board shall adopt a reasonable system
of permit classification according to source of water supply,
method of extraction or diversion, use of water, or a combina-
tion thereof.

COMMENTARY. Both the Model Water Use Act and the Iowa Code
have provisions dealing with water shortages. Under the former,
there are two classes, water shortage'33 and water emergency.'34 Both
of these conditions enable the agency to restrict water uses and
apportion water. In effect, the permit system is suspended for the
duration of the water shortage or emergency. Under the Iowa statute,
if it is found necessary in an emergency to protect the public health
and safety, to protect the public interest in lands or waters, or to
protect persons or property, the commissioner may also suspend

131. ARIZ. REV. STAT. ANN. 45-101 (c) (Supp. 1971).
132. Ch. 58, 5.172-.182 [1971] TEX. LAWS 133-35.
133. MODEL WATER USE ACT 501 (1958).
134.Id. at 502 (1958).






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REGULATION OF CONSUMPTIVE USES 193

operations under the permit.135 As this power involves only temporary
suspension of operations, no provision is made for an immediate
hearing.136 A critical look at the provisions of both statutes reveals
that this approach is essentially crisis-reactive rather than intended to
prevent a crisis condition.
Section 2.09 is designed to facilitate advance planning for periods
of water shortage. The first step toward proper planning is a system
of classification. The governing board by regulation will establish a
reasonable system of classification and then formulate a plan for use
during any future period of shortage. Since restriction on water use
will be applied on a class basis, individual users will know in ad-
vance their relative priority in time of shortage. These classifications,
while predetermined, would be used only during crisis periods, and
would not serve as criteria for issuance of permits or for any other
purpose.

(2) The governing board, by regulation, may declare that a
water shortage exists within all or part of the district when insuf-
ficient water is available to meet the requirements of the permit
system or the State Water Plan, or, when conditions are such
as to require temporary reduction in total water use within the
area Jo protect water resources from serious harm.

COMMENTARY. This subsection delineates those conditions under
which a condition of shortage may be declared. It should be noted
that, unlike the permitted in a prior appropriation system, the holder
of a permit under the Model Water Code is assured of the full amount
of water allowed under the terms of his permit. A declaration of water
shortage may be made whenever even one permit holder is unable to
obtain water. Since the declaration is made by regulation, the notice
and hearing provision of 1.18 shall be applicable.

(3) In accordance with the plan adopted under subsection (1)
above, the governing board may impose such restrictions on one
or more classes of permits as may be necessary to protect the
water resources of the area from serious harm and to restore
them to their previous condition.

COMMENTARY. No express limitations are placed on the governing
135. IOWA CODE ANN. 455A.28 (3) (Supp. 1971).
136. Hines, supra note 30, at 516.








2*I. __ _












194 COMMENTARY

board by this subsection except that it proceed on the basis of the
classification established under subsection (1) above. Considerable
discretion may be vested in the governing board since the plan of
action is known in advance and its provisions would have been sub-
ject to administrative review by the state board under 1.22.


(4) A declaration of water shortage and any measures adopted
pursuant thereto may be rescinded by regulation by the govern-
ing board.
(5) When a water shortage is declared, the governing board
shall cause notice thereof to be published in a prominent place
within a newspaper of general 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 declaration is re-
scinded. Publication of such notice -shall serve as notice to all
water users in the area of the condition of water shortage.
(6) The governing board shall notify each permitted in the
district by regular mail of any change in the condition of his
permit, any suspension of his permit, or of any other restriction
on his use of water for the duration of the water shortage.


COMMENTARY. Once conditions return to normal, the declaration of
water shortage should be rescinded by regulation. The emergency plan
adopted under subsection (1) again becomes inactive and the permit
system resumes its normal operation.
The notice provisions of subsections (5) and (6) are designed to
keep both permittees and the general public fully informed of water
conditions during the entire period of water shortage. Immediate
notice is essential to this plan. All users in the affected area would
have to be constantly informed of the situation and its effect on them.
Public notice could be by publication, but affected users would need
postal notice, both during and after the crisis.
It should be emphasized that such a crisis would be an emergency
only in the sense that the water supply was critically deficient, but
there would be no suddenness or surprise. All concerned would know
what was happening, when it was happening, what to expect at each
stage of the crisis, and how they were to be affected. The reserve-
emergency plan would provide a mechanism for orderly adjustment of
consumptive uses in periods of water shortage, thus in the long run
mitigating otherwise costly effects of such a situation.








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REGULATION OF CONSUMPTIVE USES 195

(7) If an emergency condition exists due to a water shortage
within any area of the district, and if the executive director, with
the concurrence of the governing board, finds that the exercise
of the powers under section 2.09 (1) 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 recreational,
commercial, industrial, agricultural, or other reasonable uses,
the executive director may issue orders reciting the existence of
such emergency and requiring that such action, including but
not limited to apportioning, rotating, limiting, or prohibiting the
use of the water resources of the district, be taken as the execu-
tive director deems necessary to meet the emergency.

COMMENTARY. The water emergency provisions of this subsection
can be activated by the executive director, with the concurrence of
the governing board, only when the water shortage plan and the
powers granted in subsections (1)-(6) of this section are inadequate
to protect the public health, safety, and welfare or other specified
interests.

(8) An affected party to whom an emergency order is directed
under section 2.09 (7) shall comply immediately but may chal-
lenge such an order in the manner set forth in section 1.20 of
this code. The governing board shall give such proceedings pre-
cedence over all other pending cases.

COMMENTARY. Subsection (8) complements subsection (7)-the
emergency order provision. This subsection directs that the emergency
order not be stayed pending appeal, but that the normal appeal times
are suspended and the alleged violator may have an appeal to the
board as soon as possible. This subsection is original.




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