Title: An act relating to the Cross Florida Barge Canal
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 Material Information
Title: An act relating to the Cross Florida Barge Canal
Alternate Title: An act relating to the Cross Florida Barge Canal; transferring the Canal Authority; establishing the Cross Florida Barge Canal Trust Fund . (Committee Substitute for House Bill No. 141) Laws of Florida, Chapter 79-167.
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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 4, Folder 5 ( CROSS FLORIDA BARGE CANAL ), Item 1
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052140
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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CHAPTER 79-166 LAWS OF FLORIDA CHAPTER 79-166

Be It Enacted by the Legislature of the State of Florida:

Section 1. Subsection (4) of section 718.401, Florida Statutes,
1978 Supplement, is amended to read:

718.401 Leaseholds.--A condominium may be created on lands held
by a developer under lease or may include recreational facilities or
other -ommon elements or commonly used facilities on a leasehold, if,
on the date the first unit is conveyed by the developer to a bona
fide purchaser, the lease has an unexpired term of at least 50 years.
if rent under the lease is payable by the association or by the unit
owners, the lease shall include the following requirements:

(4) In any action by the lessor to enforce a lien for rent
payable or in any action by the association or a unit owner with
respect to the obligations of the lessee or the lessor under the
lease, the unit owner or the association may raise any issue or
interpose any defenses, legal or equitable, that he or it may have
with respectt to the lessor's obligations under the lease. If the
unit owner or the association initiates any action or interposes any
defense other than payment of rent under the lease, the unit owner or
the association shall pay into the registry of the court any
allegedly accrued rent and the rent which accrues during the pendency
of the proceeding, when due. If the unit owner or the association
fail. pay the rent into the registry of the court, it shall
const.-ute an absolute waiver of the unit owner's or association's
defenses other than payment, and the lessor shall be entitled to
defa .. When the unit owner or the association has deposited the
requz. -d funds into the registry of the court, the lessor may apply
:0 the court for disbursement for all or part of the funds shown to
t^ nc ssary for the payment of taxes, mortgage payments, maintenance
:nd rating expenses, and other necessary expenses incident to
maintaining and equipping the leased facilities. The court, after
preli inary hearing, may award all or part of the funds on deposit to
the '-sor for such purpose. The court shall require the lessor to
post bond or other security, as a condition to the release of funds
from the registry, Then the value of the leased land and
impr ements, apart from the lease itself, is inadequate to fully
secure the sum of existing encumbrances on the leased property and
the amounts released from the court registry.

Section 2. This act shall take effect upon becoming a law.

App oved by the Gcvernor June 6, 1979.

Filed in Office Secretary of State June 7, 1979.



CHAPTER 79-167

Committee Substitute for House Bill No. 141

An act relating to the Cross Florida Barge Canal;
transferring the Canal Authority; establishing the
Cross Florida Barge Canal Trust Fund; transferring
state lands to an expanded Ocala National Forest;
authorizing acquisition of lands and granting the power
of eminent domain for public purposes; reserving road
rights-of-way; retaining state lands at Lake Pousseau
and the Withlacoochee River; authorizing acquisition of

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CHAPTER 79-167 LAWS OF FLORIDA CHAPTER 79-167

lands and granting the power of eminent domain for
public purposes; providing for an interagency committee
on restoration of the Withlacoochee River; prohibiting
expenditures for the completion of the canal; creating
a management plan; disposing of surplus lands;
refunding money to the counties; establishing a
contingent appropriation from the General Revenue Fund;
establishing an advisory committee for the management
plan; conducting public hearings; vesting title,
easements, and interests in land with the Board of
Trustees of the Internal Improvement Trust Fund; and
providing for certain uses of said lands granting power
to make contracts; authorizing agreements with the
Federal Government for restoration of the Lake Rousseau
area, Withlacoochee River, and portions of the Cross
Florida Barge Canal; adding subsection (4) to s. 20.25,
Florida Statutes, transferring the Canal Authority to
the Department of Natural Resources; disposing of Cross
Florida Canal Navigation District property and funds,
providing for liberal construction; repealing parts I
and II of chapter 374, Florida Statutes, which creates
the Canal Authority and the navigation taxing
districts; providing for severability; providing for an
appropriation; providing contract authority between the
canal authority and the Department of Natural Resources
for the preparation of the management plan prior to the
effective date of the act; providing a conditional
effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Transfer of Canal Authority.--The Canal Authoriuy of
the State of Florida is transferred by a type three transfer, as
defined in s. 20.06(3), Florida Statutes, to the Department of
Natural Resources and assigned to the Division of Re urce
Management. All funds of the Canal Authority shall be transfeLred to
and maintained in a trust fund account designated as the Cross
Florida Barge Canal Trust Fund administered by the Departnent of
Natural Resources.

Section 2. Transfer of state-owned lands in the Oklawaha River
and Valley to the Federal Government.--

(1) It is the intent of the Legislature to conserve and protect
the natural resources and scenic beauty of the Oklawaha River and
Valley bounding the Ocala National Forest in Putnam and Marion
Counties. It is the finding of the Legislature that said Oklawaha
River and Valley bounding the Ocala National Forest are areas
containing and having a significant impact upon environmental and
recreational resources of statewide importance and that public
ownership and access to such areas are necessary and desirable to
protect the health, welfare, safety, and quality of life or the
residents of this state and to implement s. 7 of Art. II of the State
Constitution. It is further the finding of the Legislature that
ownership and control of the aforesaid lands by the Ft eral
Government as part of the Ocala National Forest will properly protect
and conserve the natural resources and scenic beauty of Fl rida,
enhance recreational opportunities, and be in the public intern .

(2) The Department of Natural Resources is authorized and
directed to transfer ownership of all lands or interests in lands

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CHAPTER 79-167 LAWS OF FLORIDA CHAPTER 79-167

owned by* the Board of Trustees of the Internal Improvement Trust
Fund, including all fee and less than fee interests in lands
previously owned by the Canal Authority, contained within the
extended boundary of the Ocala National Forest as shown on the map
dated July 1978 on file with the Chief of the Forest Service,
Department of Agriculture, Washington, District of Columbia, and
available to the public in the office of the appropriate United
States regional forester, forest supervisor, forest ranger, and in
the office of the Department of Natural Resources, to the United
States Department of Agriculture for the purpose of inclusion in the
Ocala National Forest. The Department of Natural Resources shall
make such conveyance for payment of no less than the fair market
value for such lands as authorized by the head of the Department of
Natural Resources. Any conveyance by the Department of Natural
Resources to the United States Department of Agriculture or other
Federal Department or Agency, shall include the lands which comprise
the Rodman Dam and Rodman Reservoir, also known as Lake Ocklawaha,
only if the Governor and Florida Cabinet, as the head of .the
Department of Natural Resources, shall determine that such conveyance
is consistent with the conclusions of the Land Management Plan
required herein. If such plan shall provide for the continued use
and maintenance of the Lake Ocklawaha lands for recreational and
scientific purposes, any deed conveying such lands shall contain
appropriate restrictions assuring such continued use.

(3) The Governor and Cabinet as the head of the Department of
Natural Resources are empowered and authorized to acquire by
purchase, exchange of other state lands, or by the exercise of the
power -f eminent domain the fee title to lands acquired in less than
fee title along the canal route within the area described in
subsection (2). The Legislature finds that such exercise of the
power of eminent domain to accomplish the purposes of this section is
necessary and for a public purpose. Such power of eminent domain
shall be exercised pursuant to the provisions of chapter 73, Florida
Statutes.

(4) Lands transferred pursuant to this section by the Department
of Natural Resources may reserve existing road rights-of-way.

Section 3. Retention of state-owned lands in and around Lake
Rousseau, and the Cross Florida Barge Canal right-of-way from Lake
Rousseau west to the Withlacoochee River.--

(1) It is the intent of the Legislature to conserve, protect, and
- nta n the natural resources, recreation values, and water
"-anagement capabilities of Lake Rousseau and the Withlacoochee River.
It is the finding of the Legislature that said lands and waters are
areas containing and having a significant impact on environmental and
recreational resources of statewide importance and that public
ownership and access to such areas are necessary and desirable to
p,.otect the health, welfare, safety, and quality of life of thls
residents of this s t:te dnd to Implemnt :. 7, Art, 1 1of t ilr t t( ti
Constitution. It Is tlist ht i t he t isthiin or t he t \ '.I' nt iI ( hi
retention of ownership and conti l of the aihove lanl by le 9 ,-t
will properly protect and conserve the natural resources of Florida,
enhance recreational opportunities, and be in the public interest.

(2) The Department of Natural Resources is authorized and1
directed to retain nwnershio nf n maintain all lands or interests
in land owned by the Board of Trustees of the Internal Improvement
Trust Fund including all fee and less than fee interests in lands

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CHAPTER 79-167 LAWS OF FLORIDA CHAPTER 79-167

previously owned by the Canal Authority in Lake Rousseau and the
Cross Florida Barge Canal right-of-way from Lake Rousseau at U.S.
j Highway 41 west to and including the Withlacoochee River.

"(3) The Governor and Cabinet as head of the Department of Natural
Resources are empowered, authorized, and directed to acquire by
purchase, exchange of other state lands, or by the exercise of the
power of eminent domain the fee title to any less than fee title
interest in land owned by the Board of Trustees of the Internal
Improvement Trust Fund, including interests previously owned by the
Canal Authority, as described in subsection (2). The Legislature
finds that such exercise of the power of eminent domain to accompli-
the purposes of this section is necessary and for a public pur._-
Such power of eminent domain shall be exercised pursuant -c the
provisions of chapter 73, Florida Statutes.

(4) The Department of Natural Resources shall recommend to the
Governor and Cabinet the establishment of an interagency is.y
committee to report to the department regarding restore .:.. -
management of the Withlacoochee River, with special emphasis on
control of saltwater intrusion.

Section 4. Additional powers and duties of the Department of
Natural Resources.--

(1) The Department of Natural Resources shall make no further
expenditures for the purpose of acquiring land for constructing,
operating, or promoting a canal across the peninsula of Florida,
connecting the waters of the Atlantic Ocean with the waters of the
Gulf of Mexico, via the St. Johns River.

(2) It is declared to be in the public interest that the
department shall do and is hereby authorized to do any and all
things, and incur and pay from the Cross Florida Barge Cana, Trust
Fund, for the public purposes described herein, any and all expenses,
necessary, convenient, and proper, to:

(a) Develop a management plan to be submitted to the Legislature
no later than 1 year from the effective date of this act ford t
retention or disposition of lands acquired for the Cross Elorida
Barge Canal and not disposed of by this act, which plan shall reflect
a consideration of disposition alternatives for all lands in fee or
less than fee owned by the Board of Trustees owned byf the Internal
Improvement Trust Fund, including those previously owned by the Canal
Improvement Trhe U.S. Army Corps of Engineers, from the western
Authority and the expanded Ocala National Forest west to U.S. Highway
boundary of the expanded Ocala ton from the Withlacoochee
41, the Cross Florida Barge Canal right-of-way from the Withlboundarycoohee
River west to the Gulf of Mexico, and from eastern boundamap referred
the expanded Ocala National Forest, as depicted the St. Johns map River. Sferruch
to in subsection (2) of section 2, eastc Q by any
disposition alternatives will include possible retenti by declaration
interested state agency for specific public purposes, andispeclaratio
of lands not to be retained as supus l). The mano basement pla s hallf
pursuant to paragraphs (d) (e) or (f) The management pla n shall
also address any remedial measures necessary to correct any
ipart of or as a result of the uncompleted sections of the Cross
Florida Barge Canal.

(b) Develop a management plan for the lands comprising ident fodman
Dam and Rodman Reservoir, also known as Lake Ocklawaha identifying


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CHAPTER 79-167 LAWS OF FLORIDA CHAPTER 79-167

the recreational and scientific management options which are most
environmentally desirable and cost-effective. Such management plan
shall contain a specific determination regarding the continued
maintenance of the Rodman Dam and Reservoir (Lake Ocklawaha) or the
drainage of the reservoir and restoration of the area to its former
natural state, as the case may be.

(c) Operate and maintain existing lands and interests in lands,
appurtenances, structures, and facilities until further disposition
is directed by the Legislature pursuant to the management plan.

(d) Offer any land declared surplus, at current appraised value,
to only the original owner from whom the Canal Authority of the State
of Florida or the U.S. Army Corps of Engineers acquired the land but
not to his heirs or assigns or any other person. The department
shall offer and is authorized to reconvey, for no consideration, any
donated land declared surplus to only the original donor or his heirs
but not his assigns or any other person. These offers shall be made
by public advertisement in not less than three newspapers of general
circulation within the area of the canal route, one of which shall be
a newspaper in the county where the lands declared surplus are
located. These offers shall be valid for 1 calendar year from the
date the management plan is adopted by the Legislature.

(e) Extend the second right of refusal to counties in which the
surplus land lies for acquisition for specific public purposes with
any such sale price at current appraised value charged against the
dollar figure, including interest, of the repayment to be made to
that county.

(f) Offer surplus lands not purchased or transferred under (c) or
(d) to the highest bidder at public sale. Such surplus lands and the
public sale shall be described and advertised in a newspaper of
general circulation within the county in which the lands are located
not less than 14 calendar days prior to the date on which the public
sale is to be held. The current appraised value of such surplus
lands will be the minimum acceptable bid.

(g) Refund to the counties of the Cross Florida Canal Navigation
District funds derived from the conveyance of lands of the project to
the Federal Government or any agency thereof, pursuant to section 2,
and from the sales of surplus lands pursuant to this section. Such
refunds shall be in proportion to the ad valorem tax share paid to
the Cross Florida Canal Navigation District by the respective
counties. Refunds to the counties shall include interest on the
amounts from the time of their payment by the counties to the date of
repayment pursuant to this act. Interest to be refunded to the
counties shall be compounded annually at the following rates: 1937 -
1950, 4 percent; 1951 1960, 5 percent; 1961 1970, 6 percent; 1971
- 1975, 7 percent; 1976 refund date, 8 percent. In computing
interest, amounts already repaid to the counties shall not be subject
to further assessments of interest. Any partial repayments provided
to the counties under this act shall be considered as contributing to
the total repayment owed to the counties. Should the funds generated
by conveyance to the Federal Government and sales of surplus lands be
more than sufficient to repay said counties in accordance with this
section, such excess funds shall be deposited in the Cross Florida
Barge Canal Trust Fund. In no case shall General Revenue funds be
used to repay interest owed to the counties.



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CHAPTER 79-167 LAWS OF FLORIDA CHAPTER 79-167

(h) Establish an advisory committee to report to the department
regarding the development of the management plan. This committee
shall be composed of one representative from each of the following:
)Department Natural Resources, departmentt of Environmental
Regulation, tand Fresh Water 'Fish Commission,iepartment of
Transportation apartmentt of Administration Division of State
Planning k/So uthwest Florida Water Maag ement Di st ic ti-St. Johns
/-Water Managemen qistrict,;buval County CClay Countyy-Ptnam County,
kjMarion County Levy County JCitrus County, and four members of the
public at large appointed by the Governor adT" Cabinet. The
department shall conduct public hearings to receive comments and
recommendations as to the disposition of lands under the management
plan.

(i) Carry out the purposes of this act.

(3) The department shall seek and utilize federal funds and enter
into agreements with the Federal Government or any agency thereof to
effectuate the purposes of this act.

Section 5. Title, easements, and interests in lands; tax
exemption.--Fee title, easements, and other interests in all lands
held by the Canal Authority shall be transferred to the Department of
Natural Resources and shall vest in the Board of Trustees of the
Internal Improvement Trust Fund. Such title, easements, and other
interests in land shall be maintained in the Board of Trustees
pending transfer pursuant to section 2 or pending legislative
direction as to disposition pursuant to subsection (2)(a) of section
4 and shall not revert. The Trustees shall utilize such lands or
interests in lands pending said disposition for recreation or water
management, or other purposes authorized to be performed by water
management districts pursuant to s. 373.139, which uses the
legislature finds to be necessary and for a public purpose. Such
lands shall be exempt from taxation.

Section 6. Contracts.--The Department of Natural Resources shall
have the power and authority to enter into any and all contracts
necessary or convenient to the exercise of any of the powers granted
to the department by this act. The department is authorize. to
assign, transfer, and convey to the United States, or to any
appropriate agency thereof, such assets, franchises and property, or
interests therein, of the department, including lands, easements, and
rights-of-way acquired by the state and to accept moneys for the same
as may be necessary or convenient to the exercise of such powers
consistent with this act. The department is authorized to receive by
dedication, grant, or transfer any fee or less than fee lands owned
by the U.S. Army Corps of Engineers. The department is authorized to
enter into agreements with the Federal Government for restoration of
areas and/or receipt of funds for restoration of areas in and around
Lake Rousseau, the Cross Florida Barge Canal right-of-way from Lake
Rousseau to the Withlacoochee River, the Withlacoochee River, and the
Cross Florida Barge Canal right-of-way from the eastern boundary of
the expanded Ocala National Forest to the St. Johns River.

Section 7. Subsection (4) is added to section 20.25, Florida
Statutes, to read:

20.25 Department of Natural Resources.--There is created a
Department of Natural Resources.



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CfAPTER 79-167 LAWS OF FLORIDA CHAPTER 79-167

(4) The Canal Authority of Florida, created under part I of
chapter 374, is transferred by a type three transfer to the
Department of Natural Resources and assigned to the Divison of
source Management.

Section 8. Cross Florida Canal Navigation District; disposition
of property and funds.--All property of the Cross Florida Canal
navigation District is hereby transferred to the Department of
Natural Resources. All funds remaining in any account of the
district and not legally obligated on the effective date of this act
shall be transferred to the Department of Natural Resources, such
funds to be included under the management plan repayment provisions
pursuant to subsection (2) (f) of section 4.

Section 9. Upon repayment to the counties of the Cross Florida
Canal Navigation District, as specified in this act, any funds
derived from the management or disposition of lands of the Cross
Florida Barge Canal Project will be deposited in the Cross Florida
Barge Canal Trust Fund.

Section 10. Liberal construction of act.--It is intended that the
provisions of this act shall be liberally construed for accomplishing
the work authorized and provided for or intended to be provided for
by this act, and when strict construction would result in the defeat
of the accomplishment of any part of the work authorized by this act,
and a liberal construction would permit or assist in the
accomplishment thereof, the liberal construction shall be chosen.

Section 11. This act shall not be construed to abrogate or impair
any contractual agreement entered into by the Canal Authority or the
Board of Commissioners of the Cross Florida Canal Navigation
Distr i.; .

Section 12. Parts I and II of chapter 374, Florida Statutes,
consisting of sections 374.011, 374.021, 374.031, 374.041, 374.051,
374.061, 374.071, 374.081, 374.091, 374.101, 374.111, 374.122,
374.132, 374.141, 374.151, 374.161, 374.171, 374.181, 374.301,
374.311, 374.321, 374.331, 374.341, 374.351, 374.361, 374.391,
374.401, 374.411, 374.421, 374.431, 374.441, 374.451, 374.461,
374.471, 374.481, 374.491, 374.511, and 374.521, Florida Statutes,
and section 374.371, Florida Statutes, as amended by chapter 77-104,
Laws of Florida, and section 374.501, Florida Statutes, as amended by
chapter 77-102, Laws of Florida, are hereby repealed.

Section 13. If any provision of this act or the application
thereof to any person or circumstance is held invalid, it is the
legislative intent that the invalidity shall not affect other
provisions or applications of the act which can be given effect
without the invalid provision or application, and to this end the
provisions of this act are declared severable.

S Section 14. Upon deauthorization by Congress, there shall be
apropriated $9,340,720 for the purpose of repaying to each county of
the Cross Florida Canal Navigation District that amount of principal
ich it contributed. The accrual of interest shall cease upon
panent of the $9,340,720 principal.

Section 15. The Canal Authority is authorized to enter into a
contract with the Department of Natural Resources for the development
of the management plans required by Section 4, subsection 2,
paragraphs A and B of this act.

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CHAPTER 79-167 LAWS OF FLORIDA CHAPTER 79-167

Section 16. This act shall take effect only upon deauthorization
of the Cross Florida Barge Canal Project by the United States
Congress and shall take effect on the effective date of such
deauthorization by the United States Congress, provided that section
15 shall take effect on July 1, 1979.

Approved by the Governor June 6, 1979.

Filed in Office Secretary of State June 7, 1979.



CHAPTER 79-168

House Bill No. 142

An act relating to saltwater fisheries and conservation;
amending s. 370.157(1), Florida Statutes, 1978
Supplement, allowing certain persons and boats to catch
or take shrimp in an otherwise closed area for
shrimping in Cedar Key and increases the dimension of
nets which may be used to take shrimp in the closed
area; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Subsection (1) of section 370.157, Florida Statutes,
1978 Supplement, is amended to read:

370.157 Cedar Key closed area for shrimping.--

(1) It shall be unlawful to catch or take, or attempt to take
except with single rig boats 35 feet or less in length or7 with nets
not to exceed 35 4R-exeess-ef-18 feet on the cork line, 45 iR-exeess
ei-24 feet on the lead line, and 5 in-eneess-ef-3 feet on the leg
line with trawl doors or other-boards which exceed 48 36 inches in
length by 24 18 inches in width, shrimp from the following area:
Beginning at a point on the shoreline of the Gulf of Mexico on the
south side of the channel entering the Cross-Florida Barge Canal near
Port Inglis; thence southwesterly along the line of navigational buoy
marking the south side of said channel to sea buoy number "2" marking
the outer extent of said channel; thence westerly to navigational
buoy number "3"; thence northwesterly to red flashing light number
"12" at latitude 290 11' 45" North and longitude 830 18' 16" West;
thence northerly to sea buoy number "2" at the outer limit of the
navigational channel entering Horseshoe Beach; thence northeasterly
along the south side of the navigational channel to the shoreline of
the Gulf of Mexico; thence southerly along the shoreline along the
Gulf of Mexico to the point of beginning. This act shall not apply
to persons holding live bait shrimp permits issued by the Department
of Natural Resources.

Section 2. This act shall take effect upon becoming a law.

Approved by the Governor June 6, 1979.

Filed in Office Secretary of State June 7, 1979.





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