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 Lecgislature 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 harn.
(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ration is rescinded.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 tlhe 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 tlis sectioii -\
*1 ^^ Section 2. This act shall take effect on December 1, 1972 jnd shall auto-
|ma0ticalhlbe repented on ^^i L iiiB
"j "orod'U ernor Dcc. 6, 1972.
^ ~I Filed in Office Secretary of State Dec. 6, 1972. A
1 F.S.A. Sess.Laws'73-- 15
^^<^eA *R7 7?
June 27, 1973
RE: HB 1823 Water Shortage Emergencies
Last night I was advised by Ken Woodburn, in the Governor's
office, that the Governor signed HB 1823 on Sunday.
The effect of this is to extend the life of Chapter 72-730,
Laws of Florida, indefinitely by eliminating the clause which
would have automatically repealed this law on July 1, 1973.
We now have three avenues available to the District after
July 1, 1973:
1. Proceed under the "water use caution" regulation.
adopted by SWF(R).
2. Operate under Section 10 of Part 2 of the Water
Resources Act of 1972. This currently appears
in the 1972 Supplement to Florida Statutes as
3. Operate under authority of Chapter 72-730, copy
of which is attached. (This authority does not
appear in any of the current volumes of the