Title: HR 1281 (1988), A bill to e entitled An act relating to water management; amending s. 373.036, F.S.; adding elements for consideration by the Departme
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Title: HR 1281 (1988), A bill to e entitled An act relating to water management; amending s. 373.036, F.S.; adding elements for consideration by the Departme
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1 raised and adjudicated in the proceeding, and such issues may 1
2 not be raised in any subsequent proceeding under s. 120.57 on
3 the proposed development by any parties to the prior
4 proceeding. The agency may require the developer to publish
5 notice of proposed agency action in accordance with s.
6 403.815.
7 9.47 A conceptual agency review approval shall be
8 valid for up to 10 years, unless otherwise provided in a state
9 or regional agency rule, and may be reviewed and reissued for
10 additional periods of time under procedures established by the
11 agency.
12 (b) By July 1, 1989 1986, the Department of
13 Environmental Regulation, each water management district, and
14 other state or regional agencies that require construction or
15 operation permits shall establish by rule a set of procedures
16 necessary for conceptual agency review for the following
17 permitting activities within their respective regulatory
18 jurisdictions:
19 1. The construction and operation of potential sources
20 of water pollution, air pollution, and hazardous waste
21 including-industrial-wastewatery-domestie-wastewatery-and
22 stormwater.
23 2. Dredging and filling activities.
24 3. The management and storage of surface waters.
25 4. The construction and operation of works of the
26 district, only if a conceptual agency review approval is
27 requested under subparagraph 8 3.
28
29 Any state or regional agency may establish rules for
30 conceptual agency review for any other permitting activities
31 within its respective regulatory jurisdiction.

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1 (4) Failure by a supplier of water to allow any duly

2 authorized representative of the department or-of-the
3 Bepartment-of-Healfh-and-Rehabilitative-Services to conduct
4 inspections pursuant to s. 403.858.
5 Section 84. Subsections (9), (10), and (14) of section

6 403.861, Florida Statutes, are amended, and subsections (20)
7 through (26) are added to said section, to read:
8 403.861 Department; powers and duties.--The department

9 shall have the power and the duty to carry out the provisions
10 and purposes of this act and, for this purpose, to:
11 (9) Require department or county health department or

12 local pollution control program review and approval of
13 complete plans and specifications prior to the installation,
14 operation, alteration, or extension of any public water
15 system.
16 (10) Establish and maintain laboratories for
17 radiological, microbiological, and chemical analyses of water
18 samples from public water systems, which are submitted to such
19 laboratories for analysis. Copies of the reports of such
20 analyses and quarterly summary reports shall be submitted to
21 the department if-the-department-determines-that-an-additional
22 laboratory-eapabiity-beyond-that-provided-by-the-Bepartment
23 of-Health-and-Rehabilitative-Services-is-neeessary.
24 (14) Establish and collect fees for conducting state

25 laboratory analyses as may be necessary, to be collected and
26 used by either the department or-the-Bepartment-of-HeaIth-and
27 Rehabilitative-Serviees in conducting its public water supply
28 laboratory functions.
29 (20) Require each delegated program to:
30
31
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1 control. However, this shall not affect the permitting
2 requirements of chapter 161, and water management district
3 department rules shall clearly indicate that this exception
4 does not constitute an exception from the permitting
5 requirements of chapter 161.
6 (p) The restoration of existing insect control

7 impoundment dikes which are less than 100 feet in length.
8 Such impoundments shall be connected to tidally influenced
9 waters for 6 months each year beginning September 1 and ending

10 February 28 if feasible or operated in accordance with an
11 impoundment management plan approved by the water management
12 district department. A dike restoration may involve no more

13 dredging than is necessary to restore the dike to its original
14 design specifications. For the purposes of this paragraph,
15 restoration does not include maintenance of impoundment dikes
16 of operating insect control impoundments.
17 (q) The construction, operation, or maintenance of

18 stormwater management facilities which are designed to serve
19 single family residential projects, including duplexes,
20 triplexes, and quadruplexes, if they are less than 10 acres
21 total land and have less than 2 acres of impervious surface
22 and if the facilities:
23 1. Comply with all regulations or ordinances

24 applicable to stormwater management and adopted by a city or
25 county;
26 2. Are not part of a larger common plan of development

27 or sale; and
28 3. Discharge into a stormwater discharge facility

29 exempted or permitted by the department under this chapter 403
30 which has sufficient capacity and treatment capability as
31 specified in this chapter and is owned, maintained, or

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1 Envirnomental-Regtulaton may in an emergency do any of the
2 following:
3 (a) Lower the water level by releasing water from any

4 impoundment or reservoir.
5 (b) Completely empty the impoundment or reservoir.
6 (c) Take such other steps as may be essential to

7 safeguard life and property.
8 (3) The executive director or-the-Bepartment-of

9 Environmental-Regulation shall continue in full charge and
10 control of such dam, impoundment, reservoir, and its
11 appurtenant works until they are rendered safe or the
12 emergency occasioning the action has ceased.
13 Section 50. Section 373.603, Florida Statutes, is
14 amended to read:
15 373.603 Power to enforce.--The Bepartment-of
16 Environmental-Regulatoin-or-the governing board of any water
17 management district and any officer or agent thereof may
18 enforce any provision of this law or any rule or regulation
19 adopted and promulgated or order issued thereunder to the same
20 extent as any peace officer is authorized to enforce the law.
21 Any officer or agent of any such board may appear before any
22 magistrate empowered to issue warrants in criminal cases and
23 make an affidavit and apply*for the issuance of a warrant in
24 the manner provided by law) and said magistrate, if such
25 affidavit shall allege the commission of an offense, shall
26 issue a warrant directed to any sheriff or deputy for the
27 arrest of any offender. The governing board shall establish
28 incentives to encourage the third-party reporting of
29 violations. The provisions of this section shall apply to the
30 Florida Water Resources Act of 1972 in its entirety.
31

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1 (e) Whenever the department-or water management

2 district determines that the holder of any license issued
3 pursuant to this section has violated any provision of this
4 part or any rule or regulation adopted pursuant thereto, the
5 department-or water management district is authorized to
6 suspend or revoke any such license. Any order issued pursuant
7 to this subsection shall become effective 30 days after
8 service thereof unless a written petition requesting hearing
9 under the procedure provided in chapter 120 is filed sooner.
10 (g) No-later-than-Getober-l,7-9847-the-department

11 shal-delegate-to-the-water-management-distriets-the-powers 1
12 and-duties-relating-to-proeessing-and-issuing-water-we 1
13 contraeter-lieenses7 A license issued by any water management
14 district shall be valid anywhere in the state.
15 (2) DRILLER AND DRILLING EQUIPMENT REGISTRATION.--
16 (a) Every person who operates drilling equipment for

17 the purpose of constructing wells shall register with each 3
18 water management district in which construction activity takes

19 place. The governing board shall, as minimum conditions of
20 such registration, require:
21 1. A written recommendation from a licensed water well

22 contractor verifying the status of the driller as an employee
23 of the contractor.
24 2. Demonstration of sufficient experience and

25 practical knowledge needed to operate drilling equipment of
26 the type to be used in actual well construction.
27 3. A written examination considered appropriate by the

28 board and designed to verify the driller's knowledge of
29 commonly accepted drilling practices and applicable rules of I
30 the district and-the-department.
31

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1 or consumptive use of water not expressly exempted under the
2 provisions of this chapter and without a permit to do so, the
3 governing board or-the-department shall cause an investigation
4 to be made, and if the facts stated in the complaint are
5 verified the governing board or-the-department shall order the
6 discontinuance of the use.
7 Section 21. Subsections (2) and (3) of section

8 373.223, Florida Statutes, are amended to read:
9 373.223 Conditions for a permit.--
10 (2) The governing board er-the-department may

11 authorize the holder of a use permit to transport and use
12 ground or surface water beyond overlying land, across county
13 boundaries, or outside the watershed from which it is taken if
14 the governing board or-department determines that such
15 transport and use is consistent with the public interest, and
16 no local government shall adopt or enforce any law, ordinance,
17 rule, regulation, or order to the contrary.
18 (3) The governing board or-the-department, by

19 regulation, may reserve from use by permit applicants, water
20 in such locations and quantities, and for such seasons of the
21 year, as in its judgment may be required for the protection of
22 fish and wildlife or the public health and safety. Such
23 reservations shall be subject to periodic review and revision
24 in the light of changed conditions. However, all presently
25 existing legal uses of water shall be protected so long as
26 such use is not contrary to the public interest.
27 Section 22. Section 373.229, Florida Statutes, is
28 amended to read:
29 373.229 Application for permit.--
30
31

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1 sufficient flexibility and discretion to accomplish these ends
2 through supervision of delegation-ef-appropriate-powers-to the
3 various water management districts. The department shall
4 adopt and enforce such rules and review procedures as may be
5 necessary or convenient to administer its supervisory role
6 over the water management districts. The-department-may
7 exercise-any-power-herein-authorized-to-be-exercised-by-a
8 water-management-distriett-howevery-to-the-greatest-extent
9 practicable -such-power-should-be-delegated-to-the-governing
10 board-of-a-water-management-district7
11 Section 6. Subsection (7) of section 373.026, Florida
12 Statutes, is amended, and subsections (10) and (11) are added
13 to said section, to read:
14 373.026 General powers and duties of the department.--
15 The Department of Environmental Regulation, or its successor
16 agency, shall be responsible for the administration of this
17 chapter at the state level. However, it is the policy of the
18 state that, to the greatest extent possible, the department
19 may enter into interagency or interlocal agreements with any
20 other state agency, any water management district, or any
21 local government conducting programs related to or materially
22 affecting the water resources of the state. All such
23 agreements shall be subject to the provisions of s. 373.046.
24 In addition to its other powers and duties, the department
25 shall, to the greatest extent possible:
26 (7) Exercise general supervisory authority over all
27 water management districts. The-department-may-exercise-any
28 power-herein-authorized-to-be-exercised-by-a-water-management
29 district
30 (10) Marshall the state's many research resources to
31 aid the environmental decisionmaking process, and establish,

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1 (1) All permit applications filed with the governing

2 board or-the-department under this part and notice thereof
3 required under s. 373.116 shall contain:
4 (a) The name of the applicant and his address or, in
5 the case of a corporation, the address of its principal
6 business office;
7 (b) The date of filings
8 (c) The date set for a hearing, if any;
9 (d) The source of the water supply;
10 (e) The quantity of water applied for;
11 (f) The use to be made of the water and any
12 limitation thereon;
13 (g) The place of use;

4 (h) The location of the well or point of diversion;
15 and
16 (i) Such other information as the governing board or

17 the-department may deem necessary.
18 (2) The notice shall state that written objections to
19 the proposed permit may be filed with the governing board or
20 the-department by a specified date. The governing board or
* 1 the-department, at its discretion, may request further
2 information from either applicant or objectors, and a

23 reasonable time shall be allowed for such responses.
24 (3) If the proposed application is for less than
25 100,000 gallons per day, the governing board or-the-department
26 may consider the application and any objections thereto
27 without a hearing. If the proposed application is for 100,000

B 8 gallons per day or more and no objection is received, the
29 governing board or-the-department, after proper investigation
30 by its staff, may, at its discretion, approve the application

31 without a hearing.

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@
1 Section 35. Subsection (1) of section 373.326, Florida
2 Statutes, is amended to read:
3 373.326 Exemptions.--
4 (1) When the water management district department
5 finds that compliance with all requirements of this part would
6 result in undue hardship, an exemption from any one or more
7 such requirements may be granted by the water management
8 district department to the extent necessary to ameliorate such
9 undue hardship and to the extent such exemption can be granted
10 without impairing the intent and purpose of this part.
11 Section 36. Section 373.339, Florida Statutes, is
12 amended to read:
13 373.339 Existing regulations preserved.--The enactment
S 4 of this chapter shall not apply in any area where water wells
15 are regulated by a water regulatory district pursuant to the
16 authority of chapter 373 unless and until the water management
17 district department shall modify or revoke such regulations
18 and provide that such area will thereafter be governed by the
19 provisions of this part.
20 Section 37. Subsection (1) of section 373.342, Florida
1 Statutes, is amended to read:
22 373.342 Permits.--
23 (1) The governing board of any water regulatory
24 district which, pursuant to the authority of s. 373.339 or
25 pursuant to authority delegated to it by the water management
26 district department under s--373-398-or s. 373.309(2),
27 regulates water wells may in its discretion authorize its
& *28 executive director to issue permits for the construction,
29 repair, or modification of any water well.
30 Section 38. Subsection (4) of section 373.406, Florida
31 Statutes, is amended to read:
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W 1 Section 51. Section 373.609, Florida Statutes, is
2 amended to read:
3 373.609 Enforcement; city and county officers to

4 assist.--It shall be the duty of every state and county
5 attorney, sheriff, police officer, and other appropriate city
6 and county official, upon request, to assist the-departmenty
7 the governing board of any water management district, or any
8 local board, or any of their agents in the enforcement of the

9 provisions of this law and the rules and regulations adopted
10 thereunder.
11 Section 52. Section 373.613, Florida Statutes, is

12 amended to read:
13 373.613 Penalties.--Any person who violates any

S*14 provision of this law or any rule, regulation or order adopted
15 or issued pursuant thereto is guilty of a misdemeanor of the

16 second degree, punishable as provided in s. 775.082 or s.
17 775.083. Where fines are used as the method of enforcement,

18 the governing board shall adopt rules establishing procedures

19 for determining the amount of the fine.
20 Section 53. Sections 373.043 and 373.308, Florida

21 Statutes, are hereby repealed.

S 22 Section 54. Notwithstanding the provisions of the
23 Regulatory Sunset Act or of any other provision of law which
24 provides for review and repeal in accordance with s. 11.61,
25 Florida Statutes, sections 373.323-373.342, Florida Statutes,
26 shall not stand repealed on October 1, 1988, and shall
27 continue in full force and effect as amended herein.
28 Section 55. Notwithstanding the provisions of the

29 Sundown Act or of any other provision of law which provides
30 for review and repeal in accordance with s. 11.611, Florida
31 Statutes, sections 373.073-373.103, Florida Statutes, shall

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1 operated by a city, county, special district with drainage
2 responsibility, or water management district; however, this
3 exemption does not authorize discharge to a facility without
4 the facility owner's prior written consent.
5 Section 66. Effective January 1, 1990, section
6 373.104, Florida Statutes, is created to read:
7 373.104 Permits for water management district
8 activities and projects.--Water management district activities
9 or projects which, being conducted by others, would require a
10 permit pursuant to this chapter shall be regulated by the
11 department using the rules which would be applied by the water
12 management district to other permit applicants.
13 Section 67. The transfer of the responsibilities
14 described in sections 65 and 66 shall be accomplished with the
S 15 cooperation of the Department of Environmental Regulation and
16 the water management districts by January 1, 1990. The
17 advisability of the transfer of other water programs to the
18 water management districts shall be studied, and a
19 determination by the Legislature as to whether and to what
20 extent such transfer should be made shall be completed by
21 October 1, 1992.
S 22 Section 68. Effective January 1, 1990, subsection (1)
"23 of section 403.816, Florida Statutes, is amended to read:
24 403.816 Permits for maintenance dredging of deepwater
25 ports and beach restoration projects.--
26 (1) The department shall establish a permit system
27 under this chapter and chapter 253 which provides for the
* 28 performance, for up to 25 years from the issuance of the
29 original permit, of maintenance dredging of permitted
30 navigation channels, port harbors, turning basins, harbor
31 berths, and beach restoration projects approved pursuant to

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I1 (a) Collect such water samples for analysis as may be
2 required by the terms of this part, from public water systems
3 within its jurisdiction.
4 (b) Submit the collected water samples to the

5 appropriate laboratory for analysis.
6 (c) Maintain reports of analyses for its own records.
7 (d) Conduct complaint investigation of public water
8 systems to determine compliance with federal, state, and local
9 standards and permit compliance.
10 (e) Notify the appropriate department office of
11 potential violations of federal, state, and local standards
12 and permit conditions by public water systems and assist the
13 department in enforcement actions with respect to such
4 violations to the maximum extent practicable.
15 (f) Review and evaluate laboratory analyses of water
16 samples from private water systems.
17 (21) Require delegated programs to:
18 (a) Review and evaluate each application for the
19 construction, modification, or expansion of a public water
20 system to determine compliance with federal, state, and local

* requirements. Upon completion of such review and evaluation,
2 the application shall be forwarded to the department for final
23 action.
24 (b) Review, evaluate, and approve or disapprove
25 applications for the expansion of distribution systems.
26 Written notification of action taken on such applications
27 shall be forwarded to the department.
S(c) Maintain inventory, operational, and
29 bacteriological records and carry out monitoring,
30 surveillance, and sanitary surveys of public water systems to
31

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1 (c)1. Each agency participating in conceptual agency

2 reviews shall determine and establish by rule its information
3 and application requirements and furnish these requirements to
4 the state land planning agency and to any developer seeking
5 conceptual agency review under this subsection.
6 2. Each agency shall cooperate with the state land
7 planning agency to standardize, to the extent possible, review
8 procedures, data requirements, and data collection
9 methodologies among all participating agencies, consistent
10 with the requirements of the statutes that establish the
11 permitting programs for each agency.
12 (d4--At-the-eonelusion-of-the-eoneeptual-ageney-review,
13 the-agency-shall-give-noeice-of-its-proposed-agency-action-as
14 required-by-sT-127T6034-and-shall-forward-a-copy-of-the
Sl, 5 notice-te-the-appropriate-regienal-planntng-eoncil-with-a
16 repert-sett ng-eout-the-ageney 's-ene usions-on-potential
17 development-impaets-and-stating-whether-the-aleney-intends-to
18 grant-eonceptual-appreval -with-er-without-eonditionsy-or-to
19 deny-coneeptual-approvali--If-the-ageney-intends-to-deny
20 conceptual-approvaly-the-report-sha1l-state-the-reasons
21 thereferT--The-ageney-may-require-the-developer-to-publish

S *2 notice-of-preposed-ageney-aetion-in-aecordanee-with-sT
3 4037815
24 (d)Fe4 An agency's decision to grant conceptual
25 approval shall not relieve the developer of the requirement to
26 obtain a permit and to meet the. standards for issuance of a
27 construction or operation permit or to meet the agency's
28 information requirements for such a permit. Nevertheless,
There shall be a rebuttable presumption that the developer is
30 entitled to receive a construction or operation permit for an
31 activity for which the agency granted conceptual review

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r 1 maintain, and administer a statewide environmental resources
2 data bank, and act as a clearing house for environmental
3 information.
4 (11) Establish a research institute to design and
5 administer a comprehensive research program on environmental
6 issues of concern to the Legislature and state agencies.
7 Universities, agencies, local governments, and private firms
8 may be eligible, individually or cooperatively, to participate
9 in the institute's research program. The program shall be
10 funded by an annual transfer of 30 percent of the balance of
11 the Florida Permit Fee Trust Fund described in s. 403.0871.
12 Section 7. Section 373.029, Florida Statutes, is
13 renumbered as section 403.0623, Florida Statutes.
14 Section 8. Subsections (1), (2), (3), and (4) of
I 15 section 373.033, Florida Statutes, are amended to read:
16 373.033 Saltwater barrier line.--
17 (1) The governing board of any water management
18 district department may, at the request of the board of county
19 commissioners of any countyT-at-the-request-of-the-governing
20 beard-eo-any-water-management-distriety or any municipality or
21 water district responsible for the protection of a public
22 water supply, or, having determined by adoption of an
23 appropriate resolution that saltwater intrusion has become a
24 matter'of emergency proportions, by its own initiative,
25 establish generally along the seacoast, inland from the
26 seashore and within the limits of the area within which the
27 petitioning board has jurisdiction, a saltwater barrier line
28 inland of which no canal shall be constructed or enlarged, and

29 no natural stream shall be deepened or enlarged, which shall
30 discharge into tidal waters without a dam, control structure
31 or spillway at or seaward of the saltwater barrier line, which

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1 Section 23. Section 373.233, Florida Statutes, is r
2 amended to read:
3 373.233 Competing applications.--
4 (1) If two or more applications which otherwise comply
5 with the provisions of this part are pending for a quantity of
6 water that is inadequate for both or all, or which for any
7 other reason are in conflict, the governing board or-the
8 department shall have the right to approve or modify the
9 application which best serves the public interest.
10 (2) In the event that two or more competing
11 applications qualify equally under the provisions of
12 subsection (1), the governing board or-the-department shall
13 give preference to a renewal application over an initial
14 application.
15 Section 24. Section 373.236, Florida Statutes, is
16 amended to read:
17 373.236 Duration of permits.--
18 (1) Permits may be granted for any period of time not
19 exceeding 20 years. The governing board or-the-department may
20 base duration of permits on a reasonable system of
21 classification according to source of supply or type of use,
22 or both.
23 (2) The governing board or-the-department may
24 authorize a permit of duration of up to 50 years in the case
25 of a municipality or other governmental body or of a public
26 works or public service corporation where such a period is
27 required to provide for the retirement of bonds for the
28 construction of waterworks and waste disposal facilities. I
29 Section 25. Subsection (2) of section 373.239, Florida
30 Statutes, is amended to read:
31 373.239 Modification and renewal of permit terms.--

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1 373.406 Exemptions.--The following exemptions shall

2 apply:
3 (4) All rights and restrictions set forth in this
4 section shall be enforced by the governing board or-the
5 Bepartment-of-Environmental-Regulateon-er-its-sueeessor
6 agency, and nothing contained herein shall be construed to
7 establish a basis for a cause of action for private litigants.
8 Section 39. Subsections (1) and (2) of section

9 373.409, Florida Statutes, are amended to read:
10 373.409 Headgates, valves, and measuring devices.--

3
11 (1) The department-or-the governing board may, by

12 regulation, require the owner of any dam, impoundment,
13 reservoir, appurtenant work, or works subject to the
14 provisions of this part to install and maintain a substantial
15 and serviceable headgate or valve at the point designated by
16 the-department-or the governing board to measure the water
17 discharged or diverted.
18 (2) If any owner shall not have constructed or

19 installed such headgate or valve or such measuring device
20 within 60 days after the governing board or-department has
21 ordered its construction, the governing board or-department l
22 shall have such headgate, valve, or measuring device
23 constructed or installed, and the costs of installing the
24 headgate, valve, or measuring device shall be a lien against
25 the owner's land upon which such installation takes place
26 until the governing board or-department is reimbursed in full.
27 Section 40. Section 373.413, Florida Statutes, is

28 amended to read:
29 373.413 Permits for construction or alteration.--
30 (1) Except for the exemptions set forth herein, the

31 governing board or-the-department may require such permits and

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1 not stand repealed on October 1, 1988, and shall continue in
2 full force and effect as amended herein.
3 Section 56. Effective January 1, 1990, subsection (1)
4 of section 373.106, Florida Statutes, is amended to read:
5 373.106 Permit required for construction involving

6 artificial recharge and underground formation.--
7 (1) No construction may be begun on a project

8 involving artificial recharge or the intentional introduction
9 of water into any underground formation except as permitted in
10 chapter 377, without the written permission of the governing
11 board of any water management district within which the
12 construction will take place. Such application shall contain
13 the detailed plans and specifications for the construction of
14 the project. Construction of a domestic or industrial
15 wastewater treatment facility which uses artificial recharge,
16 wetlands overflow, or the intentional introduction of water
17 into an underground formation as a method of wastewater
18 disposal shall be within the exclusive jurisdiction of the
19 department, and shall be exempt from this provision.
20 Section 57. Effective January 1, 1990, subsection (2)
21 of section 403.061, Florida Statutes, is amended, subsections
22 (12) through (30) are renumbered as subsections (13) through
23 (31), respectively, and a new subsection (12) is added to said
24 section to read:
25 403.061 Departments powers and duties.--The department
26 shall have the power and the duty to control and prohibit
27 pollution of air and water in accordance with the law and
28 rules and regulations adopted and promulgated by it and, for
29 this purpose, to:
30 (2) Hire only such employees as may be necessary to
31 effectuate the responsibilities of the department, and retain

42

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1 chapter 161. No charge shall be exacted by the state for i I
2 material removed during such maintenance dredging by a public 2
3 port authority except as provided in s. 373.028(1)(f) 3
4 403-813(-(-f 44.
5 Section 69. Effective January 1, 1990, paragraph (d)
6 of subsection (1) of section 403.921, Florida Statutes, is
7 amended to read:
8 403.921 Permits) duration; fees.--
9 (1)
10 (d) This subsection does not apply to any permit 1
11 issued pursuant to s. 373.028(1)(f) 4083T7813144 or s. 1:
12 403.816. 1
13 Section 70. Section 373.1735, Florida Statutes, is 1
14 created to read:
15 373.1735 Stormwater regulation.-- i
16 (1) The Legislature finds that the discharge of 11

17 untreated stormwater is a source of water pollution and 1
18 requires regulation. Therefore, each water management 1
19 district shall adopt and administer a program to prevent water 1
20 pollution by discharges of stormwater. 2
21 (2) Each water management district shall adopt by 2
22 November 15, 1989, and enforce, effective January 1, 1990,
23 rules which consolidate its rules relating to management and 2
24 storage of surface waters with rules for the regulation of 2
25 stormwater discharges. The department shall continue to 2
26 administer and enforce the provisions of Chapter 17-25, 2
27 Florida Administrative Code, in any water management district 2
28 which has not adopted rules for the regulation of stormwater 2
29 until the water management district has adopted its rules. 2
30 Upon the adoption of stormwater rules by a water management 3
31 3

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1 ensure compliance with federal, state, and local regulations.
2 (d) Participate in educational and training programs

3 relating to drinking water and public water systems.
4 (22) Require delegated programs to:
5 (a) Perform bacteriological analyses of water samples

6 submitted for analysis.
7 (b) Submit copies of the reports of such analyses to

8 the department.
9 (23) Make available to the central and branch

10 laboratories funds sufficient, to the maximum extent possible, 1
11 to carry out the public water supply functions and

12 responsibilities required of such laboratories as provided in
13 this section.
14 (24) Have general supervision and control over all

15 private water systems and all public water systems not covered
16 or included in this part.
17 (25) Assist state and local agencies in the

18 determination and investigation of suspected waterborne
19 disease outbreaks, including diseases associated with chemical
20 contaminants.
21 (26) Upon request, consult with and advise any county

22 or municipal authority as to water supply activities.
23 Section 85. Subsections (1), (2), (3), and (5) of

24 section 403.863, Florida Statutes, are amended to read:
25 403.863 State public water supply laboratory

26 certification program.--
27 (1) WHthin-128-days-ef-the-effective-date-of-this-acty

28 the-department-and-the-Bepartment-of-Health-and-Rehabilitative
29 Services-shall-jeintly-develop-a-state-programy-and The
30 department ef-Health-and-Rehablitat*ive-Serveies shall adopt

31 rules for the evaluation and certification of all laboratories
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1 approval, to the extent that the project for which the
2 applicant seeks a permit is in accordance with the conceptual
3 approval and with the agency's standards and criteria for
4 issuing a construction or operation permit. The agency may
5 revoke or appropriately modify a valid conceptual approval if
6 the agency shows:
7 1. That a developer an-applieant or his agent has
8 submitted materially false or inaccurate information in the
9 application for conceptual approval;
10. 2. That the developer has violated a condition of the
11 conceptual approval) or
12 3. That the development will cause a violation of the

13 agency's applicable laws or rules.
14 (e)(t4 Nothing contained in this subsection shall
15 modify or abridge the law of vested rights or estoppel.
16 (f)-g4 Nothing contained in this subsection shall be
17 construed to preclude an agency from adopting rules for
18 conceptual review for developments which are not developments
19 of regional impact.
20 (c) The developer may, in his discretion, elect to
21 submit a complete permit application and receive a full permit
22 review concurrent with development-of-regional-impact review, j
23 (h) If a developer obtains a conceptual approval prior
24 to filing the application for development approval, or outside
25 the conceptual review process established in this subsection,
26 the provisions of subparagraph (a)7. shall not apply to the
27 regional planning council report or the local government
28 development orders provided, however, nothing in this section
29 shall be deemed to nullify such prior conceptual approval, and
30 no other right or benefit conferred under this chapter shall
31

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Florida House Representatives 1988 1B 1281
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1 shall prevent the movement of salt water inland of the
2 saltwater barrier line. Provided, however, that the governing
3 board department is authorized, in cases where saltwater
4 intrusion is not a problem, to waive the requirement of a
5 barrier structure by specific permit to construct a canal
6 crossing the saltwater barrier line without a protective
7 device and provided, further that the agency petitioning for
8 the establishment of the saltwater barrier line shall concur
9 in the waiver.
10 (2) Application by a board of county commissioners or

11 by the governing board of a-water-management-distriety a

12 municipality or a water district for the establishment of a
13 saltwater barrier line shall be made by adoption of an

14 appropriate resolution, agreeing to:
15 (a) Reimburse the water management district department

16 the cost of necessary investigation, including, but not
17 limited to, subsurface exploration by drilling, to determine
18 the proper location of the saltwater barrier line in that
19 county or in all or part of the district over which the
20 applying agency has jurisdiction.
21 (b) Require compliance with the provisions of this law

22 by county or district forces under their control; by those
23 individuals or corporations filing plats for record and by
24 individuals, corporations or agencies seeking authority to
25 discharge surface or subsurface drainage into tidal waters.
26 (3) The board of county commissioners of any county or
27 the governing board of any water-management-distriety
28 municipality or water district desiring to establish a
29 saltwater barrier line is authorized to reimburse the water
30 management district department for any expense entailed in
31 making an investigation to determine the proper location of

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11 i (2) If the proposed modification involves water use of
2 100,000 gallons or more per day, the application shall be
3 treated under the provisions of s. 373.229 in the same manner
4 as the initial permit application. Otherwise, the governing
5 board or-the-department may at its discretion approve the
6 proposed modification without a hearing, provided the
7 permitted establishes that:
8 (a) A change in conditions has resulted in the water
9 allowed under the permit becoming inadequate for the
10 permitted's need, or
11 (b) The proposed modification would result in a more
12 efficient utilization of water than is possible under the
13 existing permit.
14 Section 26. Section 373.243, Florida Statutes, is
L 15 amended to read:
16 373.243 Revocation of permits.--The governing board or
17 the-department may revoke a permit as follows:
18 (1) For any material false statement in an application
19 to continue, initiate, or modify a use, or for any material
20 false statement in any report or statement of fact required of
21 the user pursuant to the provisions of this chapter, the

S22 governing board or-the-department may revoke the user's
23 permit, in whole or in part, permanently.
24 (2) For willful violation of the conditions of the
25 permit, the governing board or-the-department may permanently
26 or temporarily revoke the permit, in whole or in part.
27 (3) For violation of any provision of this chapter,

28 the governing board or-the-department may revoke the permit,
29 in whole or in part, for a period not to exceed 1 year.
30 (4) For nonuse of the water supply allowed by the
31 permit for a period of 2 years or more, the governing board or

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Florida House of Representatives 1988 HB 1281
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1 impose such reasonable conditions as are necessary to assure

2 that the construction or alteration of any dam, impoundment,
3 reservoir, appurtenant work, or works will not be harmful to
4 the water resources of the district. The department-or-the
5 governing board may delineate areas within the district
6 wherein permits may be required.
7 (2) A person proposing to construct or alter a dam,

8 impoundment, reservoir, appurtenant work, or works subject to
9 such permit shall apply to the governing board or-department
10 for a permit authorizing such construction or alteration. The
11 application shall contain the following:
12 (a) Name and address of the applicant.
13 (b) Name and address of the owner or owners of the

Sh14 land upon which the works are to be constructed and a legal
15 description of such land.

16 (c) Location of the work.
17 (d) Sketches of construction pending tentative

18 approval.
19 (e) Name and address of the person who prepared the
20 plans and specifications of construction.
# 21 (f) Name and address of the person who will construct
SI22 the proposed work.
23 (g) General purpose of the proposed work.
24 (h) Such other information as the governing board or

25 department may require.
26 (3) After receipt of an application for a permit, the
27 governing board or-department shall cause a notice thereof to
S* 28 be published in a newspaper having general circulation within
29 the affected area. In addition, the governing board or
30 department shall send a copy of such notice to any person who
31 has filed a written request for notification of any pending

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1 these employees by establishing career paths for qualified
2 scientific and enforcement personnel to allow advancement in
3 salary and seniority in nonadministrative positions, and by
4 establishing a pay grade for trial attorneys.
5 (12) Have exclusive jurisdiction over methods of
6 industrial and domestic wastewater treatment and disposal and
7 the amount of water reuse required. Wastewater disposal
8 includes, but is not limited to, land spreading, rapid
9 infiltration, percolation, wetlands overflow, and deep well
10 injection.
11 Section 58. Paragraph (a) of subsection (2) of section
12 403.121, Florida Statutes, is amended to read:
13 403.121 Enforcement; procedure; remedies.--The
' A 14 department shall have the following judicial and
15 administrative remedies available to it for violations of this
16 chapter, as specified in s. 403.161(1).
17 (2) Administrative remedies:
18 (a) The department may institute an administrative
19 proceeding to establish liability and to recover damages for
20 any injury to the air, waters, or property, including animal,
S 2 21 plant, or aquatic life, of the state caused by any violation.
22 The department may order that the violator pay a specified sum
23 as damages to the state. The department shall adopt rules
24 which establish a procedure for determining the damages.
25 Judgment for the amount of damages determined by the
26 department may be entered in any court having jurisdiction
27 thereof and may be enforced as any other judgment. The
S28 department shall establish incentives to encourage the third-
29 party reporting of violations.
30
31

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Florida 'ruse of Representatives 1988 d HB 1281
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SI 1 district, the department shall cease its administration of
2 Chapter 17-25, Florida Administrative Code.
3 Section 71. Effective January 1, 1990, section
4 403.812, Florida Statutes, is amended to reads
5 403.812 Delegation of functions to water management
6 districts.--
7 (1 )(-a4--The-department-may-delegatey-to-these-water
8 management-distriets-ht- d-t-be-finaniay-and
9 teehnically-capable-of-implementing-the-delegateony-its-powers
10 and-duties-pertaining-to-the-administration-of-its-URegulatior
11 of-Stormwater-Rule u
12 (b4--When-the-strmwater-rule-is-delegated-to-a-water
13 management-distriety-the-department-shall-ne-require-a-permit
14 for-dredge-and-fiil-aevtivties-that-are-required-for-the

S15 eeonnectien-ef-stermwater-management-facilities-to-wafers-and
16 that-are inc idental-to-the-construet ion-of-such-fae il it ies t
17 Fer-the-purposes-ofe-dredge-and-fill-regu laton y-watersu-do
18 not-incltude-those-entained-wnithin-artif icially-eonstructed
19 stormwater-treatment-and-conveyance-systems-that-are-designed
20 solely-fer-the-purpose-of-stermwater-treafment-and-that-are
21 regulated-by-the-department-or-a-water-management-distriet-to

1 # 2 whieh-the-responsibitliy-for-stormwater-regutlatin-has-been
23 delegated
24 Fe4--Within-12-months-fellowing-guly--l-19857-%he-South
25 Flerida-Water-Management-Bistriet-shall-adept-performanee
26 eriteria-for-review-ef-the-groundwater-diseharge-eo
27 soermwaterT--Upon-adepetin-eo-seh-performanee-eriteria-by-the
* i 28 distriet-the-deparpment-shall-not-require-a-separate
29 groundwater-permit-for-permitted-stormwater-facilities-within
30 the-distriet+
31

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* l in the state, other than the principal state laboratory, which

2 perform or make application to perform analyses pursuant to
3 the Florida Safe Drinking Water Act. Such-joint-development
4 shall-be-funded-in-part-through-the-use-of-a-portion-of-the
5 State-Public-Water-Systems-Supervision-Program-grants-received
6 by-the-department-from-the-Federal-Government-in-order-to
7 implement-the-federal-aet7
8 (2) The department of-Health-and-Rehabilitative

9 Services shall have the responsibility for the operation and
10 implementation of the state laboratory certification program
11 exeept-thatT-upon-completion-of-the-evaluat ion-and-review-of
12 the-laboratory-eertifieation-applicatioen-the-evaluation-shall
13 be-forwardedT-along-with-recommendatoensy-to-the-department

14 for-review-and-commenty-prior-to-final-approval-or
S .5 disapproval.
16 (3) When the department delegates responsibility for

17 the operation and implementation of the state laboratory
18 certification program to a county health unit or local
19 pollution control program under s. 403.182, the department
20 shall also transfer funds necessary to support the program.
21 Any-federal-grant-funds-received-by-the-department-for-the

R 2 operation-and-implementation-of-the-state-laboratory
23 eertifieation-program-shall-be-transferred-to-the-Bepartment
24 of-Health-and-Rehabilitative-Serviees-by-interageney-agreement
25 between-the-two-departmentsT--Sueh-agreement-shall-require-the
26 Bepartment-of-Health-and-Rehabilitative-Services-to-provide
27 the-department-with-a-quarterly-accounting-of-the-funds
S28 transferred-
2 9 (5) For the purposes of this section, the term

30 "principal state laboratory" means the central laboratory of
31 the department of-Health-and-Rehabilitative-Services.

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1 be affected by a developer's decision to withdraw from
2 conceptual review under this section.
3 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.--
4 (h) This chapter shall govern development review

5 procedures and development order adoption. All development
6 order conditions shall be based upon the local government's
7 adopted local comprehensive plan or land development
8 regulations. When a local comprehensive plan has been found
9 to be in compliance with the Local Government Comprehensive
10 Planning and Land Development Regulation Act, the local
11 government shall not impose conditions on a development-of-
12 regional-impact development that the local government could
13 not impose on a similar non-development-of-regional-impact
614 development.
.5 Section 91. (1) The Department of Community Affairs
16 is directed to revise the application for development approval
17 and the procedural rules for development-of-regional-impact
18 review under guidelines designed to update the types and level
19 of information required to eliminate unnecessary information
20 submittals. The department shall initiate rulemaking by
21 October 1, 1988.
1 (2) This section shall take effect upon becoming a
23 law.
24 Section 92. Except as otherwise provided herein, this
25 act shall take effect October 1, 1988.
26
27

m 8

30
31

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S1 the saltwater barrier line, from any funds available to them
2 for general administrative purposes.
3 (4) The-department7 Any board of county commissioners,
4 and the governing board of any water management district,
5 municipality, or water district having competent jurisdiction
6 over an area in which a saltwater barrier is established shall
7 be charged with the enforcement of the provisions of this
8 section, and authority for the maintenance of actions set
9 forth in s. 373.129 shall apply to this section.
10 Section 9. Section 373.039, Florida Statutes, is
11 renumbered as section 403.0618, Florida Statutes.
12 Section 10. Section 373.042, Florida Statutes, is
13 amended to read:
14 373.042 Minimum flows and levels.--Within each

S mF 15 section, or the water management district as a whole, the
16 department-or the governing board shall establish the
17 following:
18 (1) Minimum flow for all surface watercourses in the
19 area. The minimum flow for a given watercourse shall be the
20 limit at which further withdrawals would be significantly
21 harmful to the water resources or ecology of the area.
L 22 (2) Minimum water level. The minimum water level
23 shall be the level of ground water in an aquifer and the level
24 of surface water at which further withdrawals would be
25 significantly harmful to the water resources of the area.
26
27 The minimum flow and minimum water level shall be calculated
L 28 by the-department-and the governing board using the best
29 information available. When appropriate, minimum flows and

30 levels may be calculated to reflect seasonal variations. The
31 department-and-the governing board shall also consider, and at

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1 the-department may revoke the permit permanently and in whole
2 unless the user can prove that his nonuse was due to extreme
3 hardship caused by factors beyond his control.
4 (5) The governing board or-the-department may revoke a
5 permit, permanently and in whole, with the written consent of
6 the permitted.
7 Section 27. Subsections (1) through (7) of section
8 373.246, Florida Statutes, are amended to read:
9 373.246 Declaration of water shortage or emergency.--
10 (1) The governing board or-the-department by

11 regulation shall formulate a plan for implementation during
12 periods of water shortage. Copies of the water shortage plan
13 shall be submitted to the Speaker of the House of
14 Representatives and the President of the Senate no later than
15 October 31, 1983. As a part of this plan the governing board
16 er-the-department shall adopt a reasonable system of water-use
17 classification according to source of water supply; method of
18 extraction, withdrawal, or diversion; or use of water or a
19 combination thereof. The plan may include provisions for
20 variances and alternative measures to prevent undue hardship
21 and ensure equitable distribution of water resources.
22 (2) The governing board or-the-department by order may
23 declare that a water shortage exists for a source or sources
24 within all or part of the district when insufficient water is
25 or will be available to meet the present and anticipated
26 requirements of the users or when conditions are such as to
27 require temporary reduction in total use within the area to
28 protect water resources from serious harm. Such orders will (
29 be final agency action.
30 (3) In accordance with the plan adopted under
31 subsection (1), the governing board or-the-department may
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Florida House of Representatives 1988 HB 1281
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1 applications affecting the particular designated area. This I

2 notice shall be sent by regular mail prior to the date of

3 publication. The notice shall contain:
4 (a) The name and address of the applicant or, in the

5 case of a corporation, the address of its principal business

6 office;
7 (b) The date of filing;

8 (c) The date set for a hearing, if any;

9 (d) The source of the water to be contained;

10 (e) The quantity of water to be contained;

11 (f) The use to be made of the water and any limitation

12 thereon; and
13 (g) Such other information as the governing board or

14 the-department may deem necessary.
15 (4) The notice provided for in subsection (3) shall

16 state that written objections to the proposed permit may be
17 filed with the governing board or-department by a specified

18 date. The governing board or-department, at its discretion,
19 may request further information from either applicant or

20 objectors and a reasonable time shall be allowed for such
21 responses.
22 (5) If no substantial objection to the application is

23 received, the governing board or-the-department, after proper

24 investigation by its staff, may at its discretion approve the

25 application without a hearing. Otherwise, it shall set a time

26 for a hearing in accordance with the provisions of chapter
27 120.

28 Section 41. Subsection (1) of section 373.414, Florida

29 Statutes, is amended to read:
30 373.414 Wetlands.--

31

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1 Section 59. Subsection (1) of section 253.665, Florida
2 Statutes, is amended, and subsection (4) is added to said
3 section, to read:
4 253.665 Grant of easements, licenses, and leases.--
5 (1) Notwithstanding the provisions of s. 253.02(2),
6 the Board of Trustees of the Internal Improvement Trust Fund
7 of this state is authorized and empowered, and directed to
8 adopt rules to take effect not later than October 1, 1989,
9 authorizing the respective water management districts,
10 beginning January 1, 1990, to serve as agents for the board
11 and to act on its behalf in making a grant unto riparian
12 owners as herein defined, their heirs, successors and assigns,
13 perpetual easements and easements, licenses and leases for
14 specified terms of years, permitting such riparian owners,
15 their heirs, successors and assigns, to construct, maintain
16 and operate structures and facilities on, in and under the bed
17 of any navigable stream or any river owned in whole or in part
18 by the state, for the purpose of providing water of a suitable
19 quality for industrial, domestic or other use; provided,
20 however, any instrument granting such easement, lease or
21 license may contain provisions to the effect that such
22 structures and facilities shall be so constructed as not to
23 obstruct the channel of the stream or river or unreasonably
24 interfere with navigation, commerce or fishing thereon.
25 Beginning January 1, 1990, the board, on its own motion, may
26 initiate review of such action by a water management district.
27 To initiate review, the board shall give notice to the water
28 management district and the riparian owner within 30 days of
29 such action. When review is initiated under this provision,
30 the water management district board action shall not be
31 subject to appeal under s. 373.114.

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1 (2*--In-addition-to-any-function-delegated-under
2 subsection-er 44When the secretary determines that a water
3 management district has the financial and technical capability
4 to carry out water quality and other functions of the
5 department, those powers, duties, and functions, or parts
6 thereof, may be contracted or delegated to such water
7 management district. Any powers, duties, and functions so
8 delegated shall be carried out in accordance with the rules,
9 regulations, and standards of the department. Nothing
10 contained in this act shall be construed to adversely affect
11 or divest any water management district of the power to levy
12 ad valorem taxes.
13 (2)(.34 A delegation pursuant to this section may be
14 rescinded only if the secretary determines that such
15 delegation is not being carried out in accordance with the
16 rules of the department.
17 Section 72. Effective January 1, 1990, subsection (4)
18 of section 161.041, Florida Statutes, is amended to read:
19 161.041 Permits required.--
20 (4) The department may, as a condition to the granting
21 of a permit under this section, require mitigation, financial,
22 or other assurances acceptable to the department as may be
23 necessary to assure performance of conditions of a permit or
24 enter into contractual agreements to best assure compliance
25 with any permit conditions. Such conditions shall be
26 consistent with scientific assessments and recommendations
27 made by the water management district in its regulation of
28 surface water quality. The department may also require notice
29 of the permit conditions required and the contractual
30 agreements entered into pursuant to the provisions of this
31

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Florida Hous .. Representatives 1988 tB 1281
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1 Section 86. Section 403.8635, Florida Statutes, is e
2 amended to read: 2
3 403.8635 State drinking water sample laboratory
4 certification program.--
5 (1) In addition to certifying laboratories pursuant to
6 s. 403.863, the department of-Health-and-Rehabilitative
7 Services is authorized to establish a periodic certification
8 and approval program for laboratories that perform analyses of
9 drinking water samples, which program will assure the
10 acceptable quality, reliability, and validity of all testing 1
11 results.
12 (2) The department ef-Health-and-Rehabilitative
13 Services has the responsibility for the operation and
14 implementation of laboratory certification pursuant to this
15 sectiony-except-thaty-upon-completion-of-the-evaluation-and
16 review-of-an-application-for-laboratory-certification -the
17 evaluation-shaii-be-forwardedy-along-with-reeemmendations -to 1
18 the-Bepartment-ef-Envirenmental-Regulation-for-review-and 1
19 eemment-prier-et-fEnal-approval-er-disapprval. 1
20 (3) The department of-Health-and-Rehabilitative 2
21 Services is authorized to charge and collect fees for the 2
22 evaluation and certification of laboratories pursuant to this
23 part. The fee schedule shall be based on the number of 2
24 analytical functions for which certification is sought. Such 2
25 fees shall be sufficient to meet the costs incurred by the 2
26 department of-Health-and-Rehabilitative-Services in the 2
27 administration and operation of this program. All fees shall 2
28 be deposited in a trust fund administered-by-the-Bepartment-of a
29 Health-and-Rehabilitative-Services to be used for the sole
30 purpose of this section. 3
31 3

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2 HOUSE SUMMARY

3 Revises various provisions relating to the management of
the water resources of the state.
4
In the formulation of the state water use plan, requires
5 the Department of Environmental Regulation to give due
consideration to the promotion of both water conservation
6 as an integral part of water management programs, rules,
and plans and the use and reuse of water of the lowest
7 acceptable quality for the purpose intended and to the
development of innovative methods of water recycling,
8 encouraged by incentives granted by the department.
9 Authorizes governing boards of water management districts
to delegate powers and duties for administration of the
10 Florida Water Resources Act of 1972 to county and
municipal governments, under certain circumstances.
11 Provides for district remedies as an alternative to local
enforcement of local provisions, and provides for
12 consolidation of district and local lawsuits against the
same party.
13
Provides that provisions relating to permit application
14 fees of the water management districts and to permits
issued by the Department of Environmental Regulation
15 pursuant to a local pollution control program shall not
affect the authority of any local government to establish
16 fees related to permits, including, but not limited to,
the authority to establish the amount of such fees.
17
Revises responsibilities with respect to the management
18 of water resources under chapter 373, F.S. Gives the
water management districts authority and responsibility
19 for implementation and enforcement of provisions relating
to the Florida Water Resources Act, consumptive use
20 permitting, the regulation of water wells, and the
management and storage of surface waters. Requires the
21 Department of Environmental Regulation to adopt rules and
review procedures as necessary to administer its
22 supervision of the water management districts. See bill
for details.
23
Provides that construction of a sewage treatment project
24 which uses artificial recharge or the intentional
introduction of water into an underground formation as a
25 method of wastewater disposal shall be within the
exclusive jurisdiction of the Department of Environmental
26 Regulation rather than the local water management
district. Provides that the department shall have
27 exclusive jurisdiction over methods of wastewater
disposal and the amount of water reuse required.
Directs the Board of Trustees of the Internal Improvement
29 Trust Fund to adopt rules authorizing the respective
water management districts, beginning January 1, 1990, to
30 serve as agents for the board and to act in its behalf in
granting riparian owners described easements, licenses,
31 and leases. Provides that the board, on its own motion,
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1 their discretion may provide for, the protection of
2 nonconsumptive uses in the establishment of minimum flows and
3 levels.
4 Section 11. Section 373.044, Florida Statutes, is

5 amended to read:
6 373.044 Rules and regulations; enforcement%

7 availability of personnel rules.--In administering this
8 chapter, the governing board of the district is authorized to
9 make and adopt reasonable rules, regulations, and orders which
10 are consistent with law; and such rules, regulations, and
11 orders may be enforced by mandatory injunction or other
12 appropriate action in the courts of the state. Rules relating
13 to personnel matters shall be made available to the public and
14 affected persons at no more than cost but need not be
15 published in the Florida Administrative Code or the Florida
16 Administrative Weekly. Personnel rules shall include a system
17 of career ladders which allow qualified scientific and
18 enforcement personnel to advance in salary and seniority in
19 nonadministrative positions. Personnel rules shall also
20 include a pay grade for trial attorneys.
21 Section 12. Subsection (1) of section 373.046, Florida

22 Statutes, is amended to read:
23 373.046 Interagency agreements.--
24 (1) The department or the water management district

25 may enter into interagency agreements with or among any other
26 state agencies or water management districts conducting
27 programs or exercising powers related to or affecting the
28 water resources of the state. Such agreements may establish

29 principal-agency or contract relationships provide for cross-
30 deputization of enforcement personnel; provide for
31 consolidation of facilities, equipment, or personnel; or
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1 impose such restrictions on one or more classes of water uses
2 as may be necessary to protect the water resources of the area
3 from serious harm and to restore them to their previous
4 condition.
5 (4) A declaration of water shortage and any measures
6 adopted pursuant thereto may be rescinded by the governing
7 board or-the-department.
8 (5) When a water shortage is declared, the governing
9 board or-the-department shall cause notice thereof to be
10 published in a prominent place within a newspaper of general
11 circulation throughout the area. Publication of such notice
12 will serve as notice to all users in the area of the condition
13 of water shortage.
14 (6) The governing board or-the-department shall notify
15 each permitted in the district by regular mail of any change
16 in the condition of his permit or any suspension of his permit
17 or of any other restriction on his use of water for the
18 duration of the water shortage.
19 (7) If an emergency condition exists due to a water
20 shortage within any area of the district, and if the
21 departmenty-or the executive director of the district with the
S 22 concurrence of the governing board finds that the exercise of
23 powers under subsection (1) is not sufficient to protect the
24 public health, safety, or welfare; the health of animals, fish
25 or aquatic life) a public water supply; or recreational,
26 commercial, industrial, agricultural, or other reasonable
27 uses, it-or he may, pursuant to the provisions of s. 373.119,
S28 issue emergency orders reciting the existence of such an
29 emergency and requiring that such action, including, but not

30 limited to, apportioning, rotating, limiting, or prohibiting
31 the use of the water resources of the district, be taken as
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S1 (1) By-Mareh-37-1987y-for-those-water-management
2 distriets-to-which-the-department-has-delegated-the
3 responsibility-for-administration-oe-its-stormwater-ruley Each
4 water management district shall adopt a rule which establishes

5 specific permitting criteria for certain small isolated

6 wetlands which are not within the jurisdiction of the
7 department for purposes of regulation of dredging and filling.
8 The rule shall include:
9 (a) One or more size thresholds of isolated wetlands

10 below which impacts on fish and wildlife and their habitats
11 will not be considered. These thresholds shall be based on
12 biological and hydrological evidence that shows the fish and
13 wildlife values of such areas to be minimal;
14 (b) Criteria for review of fish and wildlife and their
15 habitats for isolated wetlands larger than the minimum size;

16 (c) Criteria for the protection of threatened and

17 endangered species in isolated wetlands regardless of size and
18 land use; and
19 (d) Provisions for consideration of the cumulative and
20 offsite impacts of a project or projects.
21 Section 42. Section 373.416, Florida Statutes, is

22 amended to read:
23 373.416 Permits for maintenance or operation.--
24 (1) Except for the exemptions set forth in this part,

25 the governing board or-department may require such permits and
26 impose such reasonable conditions as are necessary to assure
27 that the operation or maintenance of any dam, impoundment,

28 reservoir, appurtenant work, or works will not be inconsistent
29 with the overall objectives of the district and will not be
30 harmful to the water resources of the district.
31

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1 (4) Notwithstanding the provisions of s. 253.01(1)(b),

2 revenues derived from application fees for the grant of
3 easements, licenses, and leases under this section performed
4 by the water management districts as agents for the board
5 shall be divided. The water management districts shall retain
6 20 percent, and the remainder shall be placed into the
7 Internal Improvement Trust Fund.
8 Section 60. Effective January 1, 1990, sections
9 403.91, 403.911, 403.912, 403.913, 403.914, 403.916, 403.918,
10 403.919, 403.92, 403.921, 403.922, 403.923, 403.924, 403.925,
11 and 403.927, Florida Statutes, shall be transferred to chapter
12 373, Florida Statutes, and the powers and duties heretofore
13 granted to the Department of Environmental Regulation under
14 such sections shall be transferred to the water management
15 districts.
16 Section 61. Effective January 1, 1990, sections
17 403.93, 403.931, 403.932, 403.933, 403.935, 403.936, and
18 403.938, Florida Statutes, are renumbered as sections 373.493,
19 373.4931, 373.4932, 373.4933, 373.4935, 373.4936, and
20 373.4938, Florida Statutes.
21 Section 62. Section 373.0285, Florida Statutes, is
S22 created to read:

23 373.0285 Wetlands dredging and filling; permitting
24 rules.--For purposes of regulation of dredging and filling,
25 each water management district operating under the guidance of
26 the department shall adopt rules, between July 1, 1989, and

27 November 15, 1989, which consolidate its rules relating to
1 28 management and storage of surface water with permitting
29 criteria for wetlands protected under the Warren S. Henderson
30 Wetlands Protection Act of 1984 and for those isolated
31 wetlands protected under s. 373.414. The rules shall strive

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1 subsection to be filed in the public records of the county in

2 which the permitted activity is located.
3 Section 73. Effective January 1, 1990, section 253.51,
4 Florida Statutes, is amended to read:
5 253.51 Oil and gas leases on state lands by the board
6 of trustees.--The Board of Trustees of the Internal
7 Improvement Trust Fund is hereby authorized and empowered to
8 negotiate, sell, and convey leasehold estates in and to lands
9 the title to which is vested in any state board, department or
10 agency thereof or lands the title to which is vested in the
11 state with its control and management in any such board,
12 department or agency, for the purpose of the development
13 thereof, and the production therefrom, of oil and gas, to any
14 person, firm, corporation or association authorized to do
15 business in the state, upon such terms and conditions as may
16 be agreed upon by the contracting parties, not inconsistent
17 with law and the provisions of the chapter. Where oil and gas
18 leases involve sovereign submerged land or wetland areas
19 within the jurisdiction of the water management districts,
20 scientific assessments and recommendations of their technical
21 staff shall be binding in the evaluation of the terms and
22 conditions of the lease.
23 Section 74. Effective January 1, 1990, subsection (3)
24 of section 378.402, Florida Statutes, is amended to reads
25 378.402 Legislative findings and intent.--
26 (3) The Legislature recognizes that where possible and
27 feasible the department should enter into memoranda of
S28 understanding to eliminate duplication and maximize the
29 effectiveness of the regulatory process in the management and
30 protection of our natural resources. Duplication of
31 regulation for wetlands as defined in this chapter shall be

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Florida Ai se of Representatives 1988 W B HB 1281
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S 1 Section 87. Section 403.864, Florida Statutes, is
2 amended to read:
3 403.864 Public water supply accounting program.--
4 (1) It is the intent of the Legislature to require a
5 yearly accounting of funds, overhead, personnel, and property
6 used by the department and-the-Bepartment-of-Health-and
7 Rehabilitative-Services and its units, including each of the
8 county health departments or delegated programs, in conducting
9 their respective responsibilities for the state public water
10 supply program. Such accounting shall be presented to the
11 Governor, the President of the Senate, and the Speaker of the
12 House of Representatives by the department and-the-Bepartment
13 of-Health-and-Rehabilitative-Services no later than February 1
14 of each year. The first accounting shall be due by February

51, 1979, and shall cover the state fiscal year 1978-1979.
16 (2) In furtherance of this intent, the-Beparrment-of
17 Health-and-Rehabilitative-Servicesy the department and the
18 Auditor General shall jointly develop an accounting program
19 for use by the department and-the-Bepartment-of-Health-and
20 Rehabilitative-Serviees and its units, including the county
21 health departments and delegated programs, to determine the
S funds, overhead, personnel, and property used by the
23 department each-of-the-departments in conducting its
24 respective public water supply functions and responsibilities
25 for each fiscal year. The accounting program shall provide
26 information sufficient to satisfy state auditing and federal
27 grant and aid reporting requirements. and-shall-include
8 provisions-requiring-the-Bepartment-of-Health-and

9 Rehabilitative-Serviees-teT
30 (-a4--Segregatey-from-an-aeeunting-standpointy-funds
31 distributed-to-eeunty-health-departments-for-publie-water

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1 may initiate review of such action by a water management
district. Provides that revenues derived from
2 application fees for the grant of easements, licenses,
and leases shall be divided between the water management
3 districts and the Internal Improvement Trust Fund in a
described manner.
4
Provides for transfer of jurisdiction over the Warren S.
5 Henderson Wetlands Protection Act of 1984 from the
Department of Environmental Regulation to the water
6 management districts, effective January 1, 1990. Directs
water management districts to adopt rules to consolidate
7 dredging and filling permitting criteria for wetlands
formerly protected under said act, and for certain other
8 isolated wetlands, with district rules relating to
surface water management and storage. Provides for
9 issuance of environmental permits for certain dredging
and filling projects, including construction or
10 maintenance of certain marinas, seawalls, transmission
lines, and navigation channels, by water management
11 districts rather than the Department of Natural
Resources. Provides for such transfer of
12 responsibilities by January 1, 1990, and provides for a
study to determine the advisability of transferring other
13 water programs to the water management districts.
Provides for issuance of permits for district projects by
14 the department.

* l5 Declares the intent of the Legislature that the discharge
of untreated stormwater is a source of water pollution
16 and requires regulation by water management districts.
Directs each water management district to adopt rules,
17 effective January 1, 1990, consolidating its rules
relating to management and storage of surface waters with
18 rules for the regulation of stormwater discharges.
19 Requires that conditions for coastal construction permits
issued by the Department of Natural Resources be
20 consistent with scientific assessments and
recommendations made by water management districts in
21 regulating surface water quality. Provides that where
oil and gas leases involve sovereign submerged lands or
2 wetland areas within the jurisdiction of the water
management districts, scientific assessments and
23 recommendations of the districts shall be binding in the
evaluation of the terms and conditions of the lease.
24 Provides that the districts' scientific assessments and
recommendations shall be binding in setting reclamation
25 performance standards with respect to the extraction of
limestone and other resources.
26
Revises the Florida Safe Drinking Water Act to provide
27 responsibility of the Department of Environmental
Regulation, and remove joint responsibility of the
S 28 Department of Health and Rehabilitative Services, for
operation of the state water supply program. Removes
i29 duties and responsibilities of the Department of Health
and Rehabilitative Services with respect to: plans for
30 emergency provision of waters water sampling and
inspection of certain property; establishment of
31 laboratories for analysis of water samples; analysis of
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Florida House of Representatives 1988 HB 1281
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S1 provide such other relationships as may be deemed beneficial
2 to the public interest. Such interagency agreements shall be

3 promulgated in the same manner as rules and regulations,

4 subject to chapter 120. All state agencies and water

5 management districts conducting programs or exercising powers

6 relating to or affecting the water resources of the state are

7 hereby authorized to delegate such authority to the department
8 or any of the several water management districts pursuant to

9 such interagency agreements.
10 Section 13. Section 373.103, Florida Statutes, is

11 amended to read:

12 373.103 Additional powers which-may-be vested in the

13 governing boards board-at-the-department's-discretion.--In
14 addition to the other powers and duties allowed it by law, the

15 governing boards of the board-of-a water management districts

16 shall district-may be specifically authorized by-the

17 department to:

18 (1) Administer and enforce all provisions of this

19 chapter, including the permit systems established in parts II,

20 III, and IV of this chapter.
S21 (2) Cooperate with the United States in the manner

22 provided by Congress for flood control, reclamation,

23 conservation, and allied purposes in protecting the

24 inhabitants, the land, and other property within the district
25 from the effects of a surplus or a deficiency of water when
26 the same may be beneficial to the public health, welfare,

27 safety, and utility.
I 28 (3) Plan, construct, operate, and maintain works of

29 the district as defined in this chapter.
30 (4) Determine, establish, and control the level of

31 waters to be maintained in all canals, lakes, rivers,
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Florida House Representatives 1988 'Ib 1281
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1 the-department-or the executive director deems necessary to
2 meet the emergency.
3 Section 28. Section 373.249, Florida Statutes, is
4 amended to read:
5 373.249 Existing regulatory districts preserved.--The
6 enactment of this chapter shall not affect any existing water
7 regulatory districts pursuant to chapter 373, or orders issued
8 by said regulatory districts, unless specifically revoked,
9 modified, or amended by such regulatory district or-by-the
10 department.
11 Section 29. Subsection (1) of section 373.303, Florida
12 Statutes, is amended to read:
13 373.303 Definitions.--As used in this part, the term:
14 (1) "Abandoned water well" means a well the use of
15 which has been permanently discontinued. Any well shall be
16 deemed abandoned which is in such a state of disrepair, as
17 determined by a representative of the water management
18 district department, that continued use for the purpose of
19 obtaining ground water or disposing of water or liquid wastes
20 is impracticable.
21 Section 30. Section 373.309, Florida Statutes, is
22 amended to read:
23 373.309 Authority to adopt rules, regulations, and
24 procedures.--Each water management district The-department
25 shall adopt, and may from time to time amend, rules and
26 regulations governing the location, construction, repair, and
27 abandonment of water wells and shall be responsible for the
28 administration of this part. With respect thereto, it shall:
29 (1) Enforce the provisions of this part and any rules
30 and regulations adopted pursuant thereto.
"31

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1 (2) Except as otherwise provided in ss. 373.426 and
2 373.429, a permit issued by the governing board or-department
3 for the maintenance or operation of a dam, impoundment,
4 reservoir, appurtenant work, or works shall be permanent, and
5 the sale or conveyance of such dam, impoundment, reservoir,
6 appurtenant work, or works, or the land on which the same is
7 located, shall in no way affect the validity of the permit,
8 provided the owner in whose name the permit was granted
9 notifies the governing board or-department of such change of
10 ownership within 30 days of such transfer.
11 Section 43. Section 373.419, Florida Statutes, is
12 amended to read:
13 373.419 Completion report.--Within 30 days after the
14 completion of construction or alteration of any dam, 4
15 impoundment, reservoir, appurtenant work, or works, the
16 permitted shall file a written statement of completion with
17 the governing board or-department. The governing board or
18 department shall designate the form of such statement and such
19 information as it shall require.
20 Section 44. Section 373.423, Florida Statutes, is
21 amended to read:
22 373.423 Inspection.--
23 (1) During the construction or alteration of any dam,

24 impoundment, reservoir, appurtenant work, or works, the
25 governing board or-department shall make at its expense such
26 periodic inspections as it deems necessary to ensure
27 conformity with the approved plans and specifications included
28 in the permit. .
29 (2) If during construction or alteration the governing
30 board or-department finds that the work is not being done in
31 accordance with the approved plans and specifications as
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1 to achieve statewide uniformity and consistency, but allow for
2 regional variations. The secretary of the department shall
3 review the rules using general supervisory authority pursuant
4 to this chapter and consistency review authority pursuant to
5 Chapter 17-40, Florida Administrative Code. Such rules shall
6 not take effect before January 1, 1990.
7 Section 63. Effective January 1, 1990, paragraph (d)

8 of subsection (7) of section 378.503, Florida Statutes, is
9 amended to read:
10 378.503 Limestone reclamation performance standards.--
11 (7) Resource extraction which results in a water body
12 shall provide one of the following shoreline treatments:
13 (d) Slope requirements of the U.S. Army Corps of
14 Engineers or the water management district Bepartment-of
15 Environmentai-Regulation-under-the-Warren-S7-Henderson
16 Wetlands-Proteetion-Aet-of-984.
17 Section 64. Effective January 1, 1990, subsection (3)

18 of section 403.265, Florida Statutes, is amended to read:
19 403.265 Peat mining permitting.--
20 (3) The department may adopt rules which are

21 consistent with the rules of the water management districts
22 governing dredging and filling in wetlands, powers-and-duties
23 listed-in-sT-4037912 to govern the mining of peat, including
24 stricter permitting and enforcement provisions for the mining
25 for sale or consumption of peat or peat soils within or
26 contiguous to the areas which have been designated as
27 Outstanding Florida Waters or which were under consideration
28 by the Environmental Regulation Commission for such
29 designation on April 1, 1984.
30 Section 65. Effective January 1, 1990, section
31 403.813, Florida Statutes, is renumbered as section 373.028,
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1 eliminated by the binding acceptance of scientific assessments
2 and recommendations made by the water management districts in
3 the reclamation performance standards.
4 Section 75. Effective January 1, 1990, subsection (3)
5 of section 378.503, Florida Statutes, is amended to read:
6 378.503 Limestone reclamation performance standards.--
7 (3) Reclamation shall achieve the stormwater,
8 drainage, wetlands, and other surface and ground water
9 management requirements of the Department of Environmental
10 Regulation and the appropriate water management district.
11 Scientific assessments and recommendations made as a part of
12 such requirements shall be binding in setting performance
13 standards.
14 Section 76. Effective January 1, 1990, subsection (1)
15 of section 378.803, Florida Statutes, is amended to read:
16 378.803 Other resources reclamation performance
17 standards.--
18 (1) Reclamation shall achieve the stormwater,
19 drainage, wetlands, and other surface and groundwater
20 requirements of the Department of Environmental Regulation and
21 the appropriate water management district. Scientific
22 assessments and recommendations made as a part of such
23 requirements shall be binding in setting performance
24 standards.
25 Section 77. The introductory paragraph of section
26 403.851, Florida Statutes, is amended to read:
27 403.851 Declaration of policy; intent.--It is the
28 policy of the state that the citizens of Florida shall be
29 assured of the availability of safe drinking water.
30 Recognizing-that-this-policy-encompasses-both-environmental
31 and-public-health-aspectsy It is the intent of the Legislature
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1 supply-functins-from-ether-eounty-health-department-trust 9
2 funds7
3 (-b--Segregater-from-an-account ing-standpoint -funds
4 distributed-to-the-central-and-branch-laboratories-of-the
5 Bepartment-of-Health-and-Rehabititative-Serviees-fer-public
6 water-supply-functions-from-other-laboratery-funds7
7 F4---Require-each-eounty-health-departmenty-the-eentral
8 and-each-branch-laboratory-of-the-Bepartment-of-Health-and
9 Rehabilitative-ServicesT-and-any-ether-entity-of-the
10 Bepartment-of-Health-and-Rehabilitative-Serviees-involved-in
11 and-earrying-out-ptblie-water-supply-funetions-to-aeeeunt-to
12 the-Bepartment-of-Health-and-Rehabilitative-Services-on-a
13 semiannual-basis-for-the-funds-receivedy-from-whatever-soureey
14 and-used-for-publie-water-supply-funcionst
15 (-d--Require-eae-eeaounty-health-departmentT-the-eentraI
16 and-each-braneh-laboratory-of-the-Bepartment-of-Health-and
17 Rehabilitative-Services,-and-any-other-entity-of-the
18 Bepartment-of-Health-and-Rehabilitative-Serviees-involved-in
19 earrying-out-public-water-supply-funetions-either-wholly-or
20 partially-with-fundsy-either-federal-or-statei-reeeived-frem
21 the-department-through-an-interageney-agreement-or-ether-means
22 to-aeeount-to-the-department-on-a-semiannual-basis-for-sueh
23 funds-received-and-used-for-publae-water-supply-funetions7
24 Section 88. Section 403.862, Florida Statutes, is
25 hereby repealed.
26 Section 89. Section 381.261, Florida Statutes, is
27 amended to read:
28 381.261 Supervision; private and certain public water
29 systems and individual sewage disposal systems.--The
30 Department of Health and Rehabilitative Services and its
31 agents shall have general supervision and control over all
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Florida House u' Representatives 1988 ORB 1281
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1 samples from the public water supply system; the state
public water supply laboratory certification program; and
2 the public water supply accounting program. Authorizes
delegation of certain responsibilities by the Department
3 of Environmental Regulation to county health departments
or local pollution control programs. Provides for
4 transfer of certain funds for delegated programs. See
bill for details.
5
Amends and revises growth management provisions which
6 relate to developments of regional impact and the
conceptual agency review of development approval
7 concurrently with the development-of-regional-impact
review. Directs the Department of Community Affairs to
8 revise certain procedures. See bill for details.
9
10
11
12
This publication was produced at an average cost of 1.12 cents
13 per single page in compliance with the Rules and for
the information of members of the Legislature and the public.
14
15
16
17
18
19
20
21
22
23
24
25
26
27..

28
29
30
31
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1 channels, reservoirs, streams, or other bodies of water
2 controlled by the district to maintain such waters at the
3 levels so determined and established by means of dams, locks,
4 floodgates, dikes, and other structures; and to regulate the
5 discharge into, or withdrawal from, the canals, lakes, rivers,
6 channels, reservoirs, streams, or other bodies of water
7 controlled by the district or which are a work of the
8 district, including review of small watershed projects (Pub.
9 L. No. 83-566).
10 (5) Expend, at the discretion of the governing board,

11 for purposes of promotion, advertisement, and improvement of
12 the program and objectives of the district, a yearly sum not
13 to exceed 0.25 percent of the moneys collected by taxation
14 within the district.
15 (6) Exercise such additional power and authority
16 compatible with this chapter and other statutes and federal
17 laws affecting the district as may be necessary to perform
18 such duties and acts and to decide such matters and dispose of
19 the same as are not specifically defined in or covered by
20 statute.
21 (7) Prepare, in cooperation with the department, that

22 part of the state water use plan applicable to the district.
23 Section 14. Subsections (1) and (3) of section

24 373.117, Florida Statutes, are amended to read:
25 373.117 Certification by professional engineer.--
26 (1) If an application for a permit or license to

27 conduct an activity regulated under this chapter requires the
28 services of a professional engineer as regulated and defined
29 by chapter 471, the department-or governing board of a water
30 management district may require, as a condition of granting a

31 permit or license, that a professional engineer licensed under
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1 l (2) Delegate, at its discretion, to any political
2 subdivision any of its authority under this part in the
3 administration of the rules and regulations adopted hereunder.
4 (3) Establish procedures and forms for the submission,
5 review, approval, and rejection of applications,
6 notifications, and reports required under this part.
7 (4) Require at its discretion the making and filing of
8 logs, and the saving of cuttings and cores, which shall be
9 delivered to the water management district department.
10 (5) Issue such additional regulations and take such
11 other actions as may be necessary to carry out the provisions
12 of this part.
13 Section 31. Section 373.313, Florida Statutes, is
14 amended to read:
S 5 373.313 Prior permission and notification.--
16 (1) Taking into consideration other applicable state
17 laws, in any geographical area where the water management
18 district department determines such permission to be
19 reasonably necessary to protect the ground water resources,
20 prior permission shall be obtained from the water management
21 district department for each of the following:
a (a) The construction of any water well;
23 (b) The repair of any water well; or
24 (c) The abandonment of any water well.
25
26 However, in any area where undue hardship might arise by
27 reason of such requirement, prior permission will not be

8 required.
9 (2) The water management district department shall be
30 notified of any of the following whenever prior permission is
31 not required:

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1 indicated in the permit, it shall give the permitted written

2 notice stating with which particulars of the approved plans
3 and specifications the construction is not in compliance and
4 shall order immediate compliance with such plans and
5 specifications. The failure to act in accordance with the
6 orders of the governing board or-department after receipt of
7 written notice shall result in the initiation of revocation
8 proceedings in accordance with s. 373.429.
9 (3) Upon completion of the work, the executive
10 director of the district or-the-Bepartment-of-EnvironmentaI
11 Regulatien-er-its-sueeesser-ageney shall have periodic
12 inspections made of permitted dams, reservoirs, impoundments,
13 appurtenant work, or works to protect the public health and
14 safety and the natural resources of the state. No person
15 shall refuse immediate entry or access to any authorized
16 representative of the governing board or-the-department who
17 requests entry for purposes of such inspection and presents
18 appropriate credentials.
19 Section 45. Subsection (1) of section 373.426, Florida
20 Statutes, is amended to read:
21 373.426 Abandonment.--
S 22 (1) Any owner of any dam, impoundment, reservoir,

23 appurtenant work, or works wishing to abandon or remove such
24 work may first be required by the governing board or-the
25 department to obtain a permit to do so and may be required to
26 meet such reasonable conditions as are necessary to assure
27 that such abandonment will not be inconsistent with the
c B 28 overall objectives of the district.

29 Section 46. Section 373.429, Florida Statutes, is
30 amended to read:
31

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S 1 Florida Statutes, and subsection (1) and the introductory
2 paragraph and paragraphs (b), (e), (o), (p), and (q) of
3 subsection (2) of said section are amended, to read:
4 373.028 483r813 Permits issued by water management
5 districts at-distriet-eenters; exceptions.--
6 (1) Each water management district The-seeretary is
7 authorized to adopt procedural rules providing for a short-
8 form application for, and issuance at-the-distriet-center of,
9 permits for certain activities. These activities shall
10 include the following and any others established by rule:
11 (a) Projects not exceeding 10,000 cubic yards of
12 material placed in or removed from the navigable waters of the
13 state;
14 (b) Dockage or marina facilities not exceeding 30,000

15 square feet of submerged lands;
16 (c) New seawalls or similar structures not exceeding
17 500 linear feet of shoreline;
18 (d) The installation of buoys, signs, fences, ski

19 ramps, and fish attractors by the Florida Game and Fresh Water
20 Fish Commission;
21 (e) The installation of subaqueous transmission and
i 22 distribution lines laid on, or embedded in, the bottoms of
23 waters of the state carrying water, electricity, communication
24 cables, oil, and gas, except as exempted by paragraph (m) or
25 paragraph (n) of subsection (2)) and
26 (f) The performance, for 10 years from the issuance of
27 the original permit, of maintenance dredging of permitted
S 28 navigation channels, port harbors, turning basins, and harbor
29 berths. The Board of Trustees of the Internal Improvement
30 Trust Fund may fix and recover from the permitted an amount
31 equal to the difference between the fair market value and the

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1 to provide a water supply program operated jointly by the
2 Department of Environmental Regulation. This program may be
3 delegated to a county health department or a local pollution
4 control program under s. 403.182. y-in-a-lead-ageney-role-of

5 primary-responsibility-for-the-programy-and-by-the-Bepartment
6 of-Health-and-Rehabilitative-Serviees-and-its-unitsy-including
7 county-health-departmentsy-in-a-supportive-role-with-specific
8 duties-and-responsibilities-of-its-own7 Without any
9 relinquishment of Florida's sovereign powers and
10 responsibilities to provide for the public health, public
11 safety, and public welfare of the people of Florida, the
12 Legislature intends:
13 Section 78. Subsection (1) of section 403.852, Florida

*14 Statutes, is amended to read:
15 403.852 Definitions.--As used in ss. 403.850-403.864:
16 (1) "Department" means the Department of Environmental
17 Regulation, which is charged with the-primary responsibility
18 for the administration and implementation of the Florida Safe
19 Drinking Water Act.
20 Section 79. The introductory paragraph of section
21 403.855, Florida Statutes, is amended to read:
22 403.855 Imminent hazards.--In-coordination-with-the
23 Department-of-Health-and-Rehabilitative-Servicesy The
24 department, upon receipt of information from the Department of
25 Health and Rehabilitative Services or other sources that a
26 contaminant which is present in, or is likely to enter, public
27 or private water supplies may present an imminent and
S28 substantial danger to the public health, may take such actions
29 as it may deem necessary in order to protect the public
30 health. Department actions shall include, but are not limited
31 to:

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R 1 private water systems, public water systems not covered or
2 included in the Florida Safe Drinking Water Act (ss. 403.850-
3 403.864) and individual sewage disposal systems and-over-those
4 aspects-of-the-public-water-supply-pregram-for-which-it-has
5 the-duties-and-responsibilities-provided-for-in-ssT-4037862-
6 403-864.
7 Section 90. Subsection (9) of section 380.06, Florida
8 Statutes, is amended, and paragraph (h) is added to subsection
9 (15) of said section, to read:
10 380.06 Developments of regional impact.--
11 (9) CONCEPTUAL AGENCY REVIEW.--
12 (a)l. In order to facilitate the planning and
13 preparation of permit applications for projects that undergo
14 development-of-regional-impact review, and in order to

I ,15 coordinate the information required to issue such permits, all
16 developers shall undergo a-developer-may-eleet-to-request
17 conceptual agency review under this subsection either
18 concurrently with development-of-regional-impact review and
19 comprehensive plan amendments, if applicable, unless the
20 developer withdraws from conceptual agency review by giving
21 written notice to the regional planning council no later than
22 90 days r subsequent to a preapplication conference held
23 pursuant to subsection (7).
24 2. "Conceptual agency review" means general review of
25 the proposed location, densities, intensity of use, character,
26 and major design features of a proposed development required
27 to undergo review under this section for the purpose of

28 considering whether these aspects of the proposed development
29 comply with the issuing agency's statutes and rules.
30 3. All agencies that may require a permit shall
31 participate in conceptual agency review, and such agencies
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S1 chapter 471 certify upon completion of the permitted or
2 licensed activity that such activity has been completed in
3 substantial conformance with the plans and specifications

4 approved by the department-or board.
5 (3) No permitted or licensed activity which is

6 required to be so certified shall be placed into use or
7 operation until the professional engineer's certificate is
8 filed with the department-or board.
9 Section 15. Subsection (1) of section 373.136, Florida
10 Statutes, is amended to read:
11 373.136 Enforcement of regulations and orders.--
12 (1) The governing board may enforce its regulations
13 and orders adopted pursuant to this chapter, by suit for
14 injunction or other appropriate action in the courts of the
S 15 state. Where fines are used as a method of enforcement, the
16 governing board shall adopt rules which establish a procedure
17 for determining the fine.
18 Section 16. Subsection (3) of section 373.203, Florida
19 Statutes, is amended to read:
20 373.203 Definitions.--
21 (3) "Plugging" is defined as plugging, capping, or
22 otherwise controlling a well as deemed appropriate by-the

23 department-or by the appropriate water management district.
24 Section 17. Section 373.206, Florida Statutes, is
25 amended to read:
26 373.206 Artesian wells; flow regulated.--Every person,
27 stock company, association, corporation, county, or
S 28 municipality owning or controlling the real estate upon which
29 is located a flowing artesian well in this state shall, within

30 90 days after June 15, 1953, provide each such well with a
31 valve capable of controlling the discharge from the well and

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1 (a) The construction of any water well;) f'
2 (b) The repair of any water well; or
3 (c) The abandonment of any water well.
4 Section 32. Section 373.316, Florida Statutes, is
5 amended to read:
6 373.316 Existing installations.--No well in existence
7 on the effective date of this part shall be required to
8 conform to the provisions of s. 373.313 or any rules or
9 regulations adopted pursuant thereto. However, any well now
10 or hereafter abandoned or repaired as defined in this part
11 shall be brought into compliance with the requirements of this
12 part and any applicable rules or regulations with respect to
13 abandonment of wells, and any well which is determined by the
14 water management district department to be a hazard to the
15 ground water resources must comply with the provisions of this
16 part and applicable rules and regulations within a reasonable
17 time after notification of such determination has been given.
18 Section 33. Section 373.319, Florida Statutes, is
19 amended to read:
20 373.319 Inspections.--
21 (1) The water management district department is
22 authorized to inspect any water well or abandoned water well.
23 Duly authorized representatives of the water management
24 district department may at reasonable times enter upon and
25 shall be given access to any premises for the purpose of such
26 inspection.
27 (2) If upon the basis of such inspections the water

28 management district department finds applicable laws, rules,
29 or regulations have not been complied with, it shall
30 disapprove the well. If disapproved, no well shall thereafter
31
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1 373.429 Revocation and modification of permits.--The

2 governing board or-the-department may revoke or modify a
3 permit at any time if it determines that a dam, impoundment,
4 reservoir, appurtenant work, or works has become a danger to
5 the public health or safety or if its operation has become
6 inconsistent with the objectives of the district. The
7 affected party may file a written petition for hearing no
8 later than 14 days after notice of revocation or modification
9 is served. If the executive director of the district or-the
10 division determines that the danger to the public is imminent,
11 he may order a temporary suspension of the construction,
12 alteration, or operation of the works until the hearing is
13 concluded, or may take such action as authorized under s.
14 373.439.
15 Section 47. Section 373.433, Florida Statutes, is
16 amended to read:
17 373.433 Abatement.--Any dam, impoundment, reservoir,

18 appurtenant work, or works which violates the laws of this
19 state or which violates the standards of the governing board

20 or-the-department shall be declared a public nuisance. The
21 operation of such dam, impoundment, reservoir, appurtenant
22 work, or works may be enjoined by suit by the state or any of
23 its agencies or by a private citizen. The governing board or
24 the-department shall be a necessary party to any such suit.
25 Nothing herein shall be construed to conflict with the
26 provisions of s. 373.429. t
27 Section 48. Section 373.436, Florida Statutes, is

28 amended to read:
29 373.436 Remedial measures.--
30 (1) Upon completion of any inspection provided for by

31 s. 373.423(3), the executive director shall determine what
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1 actual cost of the maintenance dredging for material removed
2 during such maintenance dredging. However, no charge shall be
3 exacted by the state for material removed during such
4 maintenance dredging by a public port authority. The removing
5 party may subsequently sell such material. However, proceeds
6 from such sale that exceed the costs of maintenance dredging
7 shall be remitted to the state and deposited in the Internal
8 Improvement Trust Fund.
9 (2) No permit under this chapter, chapter 403 373,
10 chapter 61-691, Laws of Florida, or chapter 25214 or chapter
11 25270, Laws of Florida, 1949, shall be required for activities
12 associated with the following types of projects) however,
13 nothing in this subsection relieves an applicant from any
14 requirement to obtain permission to use or occupy lands owned
15 by the Board of Trustees of the Internal Improvement Trust
16 Fund or any water management district in its governmental or
17 proprietary capacity or from complying with applicable local
18 pollution control programs authorized under this chapter or
19 other requirements of county and municipal governments:
20 (b) The installation and repair of mooring pilings and
21 dolphins associated with private docking facilities and the
22 installation of private docks, any of which docks:
23 1. Has 500 square feet or less of over-water surface
24 area for a dock which is located in an area designated as
25 Outstanding Florida Waters or 1,000 square feet or less of
26 over-water surface area for a dock which is located in an area
27 which is not designated as Outstanding Florida Waters,
28 2. Is constructed on or held in place by pilings or is
29 a floating dock which is constructed so as not to involve
30 filling or dredging other than that necessary to install the
31 pilings;

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@1
1 Section 80. Section 403.856, Florida Statutes, is
2 amended to read:
3 403.856 Plan for emergency provision of water.--The
4 department shall adopt an adequate plany-after-consultation
5 with-the-Bepartment-of-Health-and-Rehabilitative-Servicesy for
6 the provision of safe drinking water under emergency
7 circumstances. When, in the judgment of the department,
8 emergency circumstances exist in the state with respect to a
9 need for safe drinking water, it may issue such rule or order
10 as it may deem necessary in order to provide such water where
11 it would not otherwise be available.
12 Section 81. Section 403.857, Florida Statutes, is
13 amended to read:
14 403.857 Notification of users and regulatory
15 agencies.--Whenever a public water supply system:
16 (1) Is not in compliance with the state primary and
17 secondary drinking water regulations;
18 (2) Fails to perform monitoring required by rules or
19 regulations adopted by the department
20 (3) Is subject to a variance granted for an inability
21 to meet a maximum contaminant level requirement;
22 (4) Is subject to an exemption; or
23 (5) Fails to comply with the requirements prescribed
24 by a variance or exemption,
25
26 the owner or operator of the system shall, as soon as
27 practicable, notify the local public health departments or
28 local pollution control program, the department, and the
29 communications media serving the area served by the system of
30 that fact and of the extent, nature, and possible health

31 effects of such fact. Such notice shall also be given by the
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Florida Housl^ ;Representatives 1988 h 1281
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1 shall participate in the preapplication conference. The '
2 regional planning council shall notify all affected permitting
3 agencies of scheduled preapplication conferences. The
4 developer may also notify permitting agencies and request
5 their participation.
6 4. As a part of the application for development
7 approval, the developer shall complete the application for
8 conceptual approval or for a construction or operation permit
9 for each permitting agency designated by the regional planning
10 council to participate in the conceptual review process. The
11 developer shall file the application for development approval
12 and all agency applications as prescribed in subsection (10).
13 The developer shall forward the agency applications to the
14 respective permitting agencies within 10 days thereafter. The
15 regional planning council shall conduct at least one meeting
16 of all reviewing agencies between 45 and 60 days after the

17 application is filed to review the agencies' proposed actions.
18 5. If a reviewing agency determines that the
19 conceptual review application is insufficient, it may request
20 additional information from the developer. However, the 90-
21 day time period specified in s. 120.60(2) shall not be tolled.
22 The developer may provide the information or any part thereof
23 or inform the agency that it will not furnish the information.
24 The extent of agency review shall depend upon the amount of
25 information provided to the agency.
26 6. No later than 40 days after the regional planning
27 council sends notice to the local government as required by
28 paragraph (10)(c), the agency shall forward a report to the
29 appropriate regional planning council setting out the agency's
30 conclusions on potential development impacts and stating
31 whether the agency has granted conceptual approval or intends

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1 shall keep the valve so adjusted that only a supply of water
2 is available which is necessary for ordinary use by the owner,
3 tenant, occupant, or person in control of the land for
4 personal use and for conducting his business. Upon the
5 determination by the-Bepartment-of-Environmental-Regulation-or
6 the appropriate water management district that the water in an
7 artesian well is of such poor quality as to have an adverse
8 impact upon an aquifer or other water body which serves as a
9 source of public drinking water or which is likely to be such
10 a source in the future, such well shall be plugged in
11 accordance with the department-or appropriate water management
12 district specifications for well plugging.
13 Section 18. Subsection (2) and paragraph (b) of
14 subsection (3) of section 373.209, Florida Statutes, are
15 amended to read:
16 373.209 Artesian wells) penalties for violation.--
17 (2) A well is exempt from the provisions of this

18 section unless the water management district Bepartment-of
19 Envirenmental-Regulation can show that the uncontrolled flow
20 of water from the well does not have a reasonable and
21 beneficial use, as defined in s. 373.019(5).
22 (3) Any person who violates any provision of this

23 section shall be subject to either:
24 (b) A civil penalty of $100 a day for each and every

25 day of such violation and for each and every act of violation.
26 The civil penalty may be recovered by the water management
27 board of the water management district in which the well is
28 located or-by-the-department in a suit in a court of competent
29 jurisdiction in the county where the defendant resides, in the
30 county of residence of any defendant if there is more than one
31 defendant, or in the county where the violation took place.
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4 | 1 be used until brought into compliance with the rules and
2 regulations promulgated under this law.
3 Section 34. Paragraphs (b), (d), (e), and (g) of
4 subsection (1) and paragraph (a) of subsection (2) of section
5 373.323, Florida Statutes, are amended to read:
6 373.323 Water well contractor licenses) driller and
7 drilling equipment registration.--
8 (1) WATER WELL CONTRACTOR LICENSES.--
9 (b) Each water management district The-department may
10 adopt and from time to time amend rules and regulations
11 governing applications for water well contractor licenses.
12 The water management district shall license as a water well
13 contractor any person property making application therefore who
4 is an adult for all legal purposes, has knowledge of rules and

5 regulations adopted under this part, and has had not less than
16 2 years' experience in the work for which he is applying for a
17 license. Each water management district The-department shall
18 prepare an examination which each such applicant must pass in
19 order to qualify for such license.
20 (d) Licenses issued pursuant to this section are not
21 transferable and shall expire on July 1 of each year. A
license may be renewed without examination for an ensuing year
23 by making application not later than 30 days after the
24 expiration date and paying the applicable fee. Such
25 application shall have the effect of extending the validity of
26 the current license until a new license is received or the
27 applicant is notified by the water management district
^ 8 department that it has refused to renew his license. After
"9 July 31 of each year, a license will be renewed only upon
30 application and payment of the applicable fee plus a penalty
31 of $50.

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j! S
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O 1 alterations or repairs are necessary and order that such

2 alterations and repairs shall be made within a time certain,
3 which shall be a reasonable time. The owner of such dam,
I 4 impoundment, reservoir, appurtenant work, or works may file a

5 written petition for hearing before the governing board or-the
6 department no later than 14 days after such order is served.
7 If, after such order becomes final, the owner shall fail to
8 make the specified alterations or repairs, the governing board
9 or-the-department may, in its discretion, cause such
10 alterations or repairs to be made.
11 (2) Any cost to the district or-the-department of
12 alterations or repairs made by it under the provisions of
13 subsection (1) shall be a lien against the property of the
SO 14 landowner on whose lands the alterations or repairs are made
15 until the governing board or-department is reimbursed, with
16 reasonable interest and attorney's fees, for its costs.
17 Section 49. Section 373.439, Florida Statutes, is
18 amended to read:
19 373.439 Emergency measures.--
20 (1) The executive director, with the concurrence of
A 21 the governing board, or-the-Bepartment-of-Environmental
22 Regulation shall immediately employ any remedial means to
23 protect life and property if either:
24 (a) The condition of any dam, impoundment, reservoir,
25 appurtenant work, or works is so dangerous to the safety of
26 life or property as not to permit time for the issuance and
27 enforcement of an order relative to maintenance or operation.
Sri 28 (b) Passing or imminent floods threaten the safety of
29 any dam, impoundment, reservoir, appurtenant work, or works.
30 (2) In applying the emergency measures provided for in

31 this section, the executive director or-the-Bepartment-of
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1 3. Shall not substantially impede the flow of water or
2 create a navigational hazard;
3 4. Is used for recreational, noncommercial activities
4 associated with the mooring or storage of boats and boat

5 paraphernalia; and
6 5. Is the sole dock constructed pursuant to this
7 exemption as measured along the shoreline for a distance of 65
8 feet, unless the parcel of land or individual lot as platted
9 is less than 65 feet in length along the shoreline, in which
10 case there may be one exempt dock allowed per parcel or lot.
11

12 Nothing in this paragraph shall prohibit the water management
13 district department from taking appropriate enforcement action
14 pursuant to this chapter to abate or prohibit any activity
S15 otherwise exempt from permitting pursuant to this paragraph if
16 the water management district department can demonstrate that
17 the exempted activity has caused water pollution in violation

18 of this chapter.
19 (e) The restoration of seawalls at their previous
20 locations or upland of, or within 1 foot waterward of, their
21 previous locations. However, this shall not affect the

22 permitting requirements of chapter 161, and water management
23 district department rules shall clearly indicate that this
24 exception does not constitute an exception from the permitting
25 requirements of chapter 161.
26 (o) The construction of private seawalls in waters of
27 the state where such construction is between and adjoins at
28 both ends existing seawalls, follows a continuous and uniform

S29 seawall construction line with the existing seawalls, is no
30 more than 150 feet in lengthy and does not violate existing
31 water quality standards, impede navigation, or affect flood

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i owner or operator of the system by publication in a newspaper
2 of general circulation, as determined by the department,
3 within the area served by such water system at least once
4 every 3 months as long as the violation, variance, or

5 exemption continues. Such notice shall also be given with the
6 water bills of the system as long as the violation, variance,
7 or exemption continues, as follows: if the water bills of a

8 public water system are issued at least as often as once every
9 3 months, such notice shall be included in at least one water
10 bill of the system for each customer every 3 months) if the
11 system issues its water bills less often than once every 3
12 months, such notice shall be included in each of the water
13 bills issued by the system for each customer, However, the

4 provisions of this section notwithstanding, the department may
5 prescribe by rule reasonable alternative notice requirements.
16 Section 82. Section 403.858, Florida Statutes, is

17 amended to read:
18 403.858 Inspections.--Any duly authorized

19 representative of the department or-eo-the-Bepartment-of

20 Health-and-Rehabilitative-Services may enter, take water
samples from, and inspect any property, premises, or place,

except a building which is used exclusively for a private
23 residence, on or at which a public water system is located or
24 is being constructed or installed, at any reasonable time, for

25 the purpose of ascertaining the state of compliance with the
26 law or with rules or orders of the department.
27 Section 83. Subsection (4) of section 403.859, Florida

8 Statutes, is amended to read:
29 403.859 Prohibited acts.--The following acts and the

30 causing thereof are prohibited and are violations of this act:
31

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S1 to grant conceptual approval, with or without conditions, or
2 to deny conceptual approval. If the agency intends to deny
3 conceptual approval, the report shall state the reasons
4 therefore.
5 7. If the agency report states that the agency granted
6 conceptual approval, or has issued an intent to grant
7 conceptual approval, the regional planning council may comment
8 on the regional implications of the conceptual approval but
9 may not make conflicting recommendations or findings. The
10 regional planning council shall forward all agency reports to
11 the local government with the regional report rendered
12 pursuant to subsection (12). In considering the criteria of
13 subsection (14) for issuance of a development order, the local
14 government shall be guided by conceptual agency approval or
* 15 permit on issues within the agency's jurisdiction. The
16 conditions of the development order shall be consistent with
17 the agency report unless the conditions would conflict with
18 the local government's adopted comprehensive plan or land
19 development regulations.
20 8.37 Conceptual agency review is a licensing action
21 subject to chapter 120, and approval or denial constitutes
I 22 final agency actiony-exeept-that-the-90-day-time-pereod
23 specified-in-s--O6 -shal-be-t ed-for-the-ageey-whe
24 the-affected-regional-planning-ageney-requests-infermataon
25 from-the-deveelper-pursuant-to-paragraph-(14(-b4. If the
26 reviewing agency fails to complete conceptual review within
27 the time period specified in s. 120.60(2), the conceptual
S28 approval shall be deemed approved in accordance with s.
29 120.60(2). If proposed agency action on the conceptual
30 approval is the subject of a proceeding under s. 120.57, final
31 agency action shall be conclusive as to any issues actually

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L C 1 The place of suit shall be selected by the board or
2 department, and the suit, by direction of the board or
3 department, shall be instituted and conducted in the name of
4 the board or-department by appropriate counsel. The payment
5 of any such damages does not impair or abridge any cause of
6 action which any person may have against the person violating
7 any provision of this section.
8 Section 19. Subsection (1) of section 373.217, Florida
9 Statutes, is amended to read:
10 373.217 Superseded laws and regulations.--
11 (1) It is the intent of the Legislature to provide a
12 means whereby reasonable programs for the issuance of permits
13 authorizing the consumptive use of particular quantities of
1d14 water may be implemented by the water management districts
5 authorized-by-the-Bepartment-of-Environmental-Regulation,
16 subject to judicial review and also subject to review by the
17 Governor and Cabinet, sitting as the Land and Water
18 Adjudicatory Commission as provided in s. 373.114.
19 Section 20. Section 373.219, Florida Statutes, is
20 amended to read:
21 373.219 Permits required.--

L (2 (1) The governing board or-the-department may require
23 such permits for consumptive use of water and may impose such
24 reasonable conditions as are necessary to assure that such use
25 is consistent with the overall objectives of the district or
26 department and is not harmful to the water resources of the
27 area. However, no permit shall be required for domestic
S 8 consumption of water by individual users.
29 (2) In the event that any person shall file a
30 complaint with the governing board or-the-department that any
31 other person is making a diversion, withdrawal, impoundment,

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Florida House of Representatives 1988 1281
By Representatives Wallace, Dantzler





"A bill to be entitled
2 An act relating to water management; amending
3 s. 373.036, F.S.) adding elements for
4 consideration by the Department of
5 Environmental Regulation in the formulation of
6 the state water use plan; amending s. 373.083,
7 F.S.) authorizing water management districts to

8 delegate certain powers and duties to local
9 governments; providing for district remedies as
10 an alternative to local enforcement of local
11 regulations; providing for consolidation of law
12 suits; amending ss. 373.109 and 403.182, F.S.,
13 relating to the authority of local governments
4 to set permit fees; amending ss. 373.016,
"5 373.026, 373.033, 373.042, 373.044, 373.046,
16 373.103, 373.117, and 373.136, F.S., relating
17 to the Florida Water Resources Act of 1972;
18 providing for Department of Environmental
19 Regulation supervision of water management
20 districts) providing additional department
21 duties; providing responsibility of water
If management districts, and deleting certain
23 department responsibility, with respect to

24 saltwater barrier lines, minimum surface water
25 flows and levels, and certification by a
26 professional engineer as a condition for
27 permitted activity; providing for certain

#8 district rules relating to personnel matters)
.9 authorizing the districts to enter into
30 interagency agreements; specifying additional
31 authority of the districts with respect to

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Florida Hout. of Representatives 1988 HB 1281
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1 water resources; providing procedure for
2 district use of fines as a method of
3 enforcement; amending ss. 373.203, 373.206,
4 373.209, 373.217, 373.219, 373.223, 373.229,
5 373.233, 373.236, 373.239, 373.243, 373.246,
6 and 373.249, F.S., relating to consumptive uses
7 of water; providing responsibility of the water
8 management districts with respect to artesian

9 wells, implementation of consumptive use
10 permits, including requirements, conditions,
11 and applications therefore and duration,

12 modification, renewal, and revocation thereof,
13 and declaration of a water shortage or
14 emergency) deleting certain responsibility of
15 the departments amending ss. 373.303, 373.309,

16 373.313, 373.316, 373.319, 373.323, 373.326,
17 373.339, and 373.342, F.S.; providing authority
18 of the water management districts relating to

19 the regulation of water wells; providing
20 responsibility of the districts, and deleting

21 certain department responsibility, with respect
22 to the construction, repair, abandonment, and
23 inspection of water wells, licensing of water

24 well contractors, and exemptions from
25 regulation; amending ss. 373.406, 373.409,
26 373.413, 373.414, 373.416, 373.419, 373.423,
27 373.426, 373.429, 373.433, 373.436, and
28 373.439, F.S., relating to the management and
29 storage of surface waters; providing
30 responsibility of the water management
31 districts, and deleting certain responsibility

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i1 of the department, with respect to permits,
2 inspections, and requirements for the
3 construction, alteration, maintenance,
4 operation, or abandonment of any dam,

5 impoundment, reservoir, or appurtenant work or
6 works, exemptions from or revocation or
7 modification of permits, permitting criteria
8 for dredging and filling in certain wetlands,
9 and abatement actions and emergency measures;
10 amending ss. 373.603 and 373.609, F.S.)
11 specifying enforcement authority of, and
12 requiring local enforcement assistance to, the
13 water management districts) deleting reference

14 to the departments amending s. 373.613, F.S.;

^ 5 providing procedure for district use of fines
16 as a method of enforcement; repealing s.
17 373.043, F.S., relating to adoption and
18 enforcement of regulations by the departments
19 repealing s. 373.308, F.S., relating to
20 department delegation to the districts of

21 programs for regulating water wells; saving ss.

& 2 373.323-373.342, F.S., from Sunset repeal;
23 saving ss. 373.073-373.103, F.S., from Sundown

24 repeals amending s. 373.106, F.S.) providing

25 that construction of certain sewage treatment
26 projects are within the exclusive jurisdiction
27 of the Department of Environmental Regulations

S28 amending s. 403.061, F.S.) providing additional
29 powers and duties of the department; amending

30 s. 403.121, F.S.) providing enforcement

31 procedures; amending s. 253.665, F.S.;

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1 requiring the Board of Trustees of the Internal

2 Improvement Trust Fund to adopt certain rules

3 with respect to the grant of easements,
4 licenses, and leases to riparian owners;
5 authorizing the board to take certain review
6 action; providing a procedure for the division
7 of fees from the grant of easements, licenses,
8 and leases; providing for future transfer of
9 powers and duties relating to the Warren S.
10 Henderson Wetlands Protection Act of 1984 to
11 the water management districts; creating s.

12 373.0285, F.S.; directing water management
13 districts to consolidate certain permitting
14 criteria for dredging and filling in wetlands
15 with the district's water management rules;
16 amending ss. 378.503 and 403.265, F.S., to
17 conform; amending and renumbering s. 403.813,
18 F.S.; transferring responsibility for certain
19 environmental permitting from the Department of
20 Environmental Regulation to the water
21 management districts; creating s. 373.104,
22 F.S.) providing procedure for issuance of
23 permits for district activities or projects by
24 the department; providing a time frame;

25 providing for a study to determine advisability
26 of transferring other water programs to the
27 water management districts; amending ss.

28 403.816 and 403.921, F.S.; correcting cross
29 references; creating s. 373.1735, F.S.;

30 providing legislative intents requiring water

31 management districts to adopt certain rules



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Florida- ese of Representatives 1988 \, HB 1281
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1 consolidating its rules relating to management
2 and storage of surface waters with rules for
3 the regulation of stormwater discharges;
4 amending s. 403.812, F.S.; conforming language
5 with respect to the delegation of functions by
6 the Department of Environmental Regulation to
7 water management districts; amending s.
8 161.041, F.S., relating to permits for coastal
9 construction; requiring permit conditions to be
10 consistent with certain assessments and
11 recommendations of the water management

12 district; amending s. 253.51, F.S.) providing
13 that where oil and gas leases involve certain

14 state lands, scientific assessments and
I5 recommendations shall be binding in the
16 evaluation of the terms and conditions of the
17 lease; amending s. 378.402, F.S.) providing

18 legislative intent relating to duplication of
19 regulation for wetlands; amending ss. 378.503
20 and 378.803, F.S., relating to setting certain
21 reclamation performance standards for limestone

S22 and other resources; amending ss. 403.851,
r3 403.852, 403.855, 403.856, 403.857, 403.858,

24 403.859, 403.861, 403.863, 403.8635, and
25 403.864, F.S.) revising the Florida Safe
26 Drinking Water Act; providing responsibility of
27 the Department of Environmental Regulation for
28 operation of the state water supply program;

S fr29 authorizing delegation of certain
30 responsibilities to county health departments
31 or local pollution control programs; providing

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Florida Hous Representatives 1988 3 1281
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1 for transfer of certain funds for delegated
2 programs; removing duties and responsibilities
3 of the Department of Health and Rehabilitative
4 Services with respect to plans for emergency
5 provision of water, water sampling and certain
6 inspections of property, establishment of
7 laboratories for analysis of water samples, the
8 state public water supply laboratory
9 certification program, and the public water
10 supply accounting program; repealing s.
11 403.862, F.S., relating to public water supply
12 duties and responsibilities of the Department
13 of Health and Rehabilitative Services; amending
14 s. 381.261, F.S., to conform; amending s.
15 380.06, F.S., relating to developments of
16 regional impact; revising provisions which
17 relate to conceptual agency review of
18 development approval concurrently with
19 development-of-regional-impact review;
20 providing procedure for the reviewing agency
21 and for development order adoption; directing
22 the Department of Community Affairs to revise
23 certain procedures; providing effective dates.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Paragraphs (i) and (j) are added to
28 subsection (2) of section 373.036, Florida Statutes, to read:
29 373.036 State water use plan.--
30 (2) In the formulation of the state water use plan,
31 the department shall give due consideration to:

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S(i) The promotion of both water conservation as an
2 integral part of water management programs, rules, and plans
3 and the use and reuse of water of the lowest acceptable
4 quality for the purpose intended.
5 (1) The development of innovative methods of water
6 recycling, encouraged by incentives granted by the department.
7 Section 2. Section 373.083, Florida Statutes, is
8 amended to read:
9 373.083 General powers and duties of the governing
10 board.--
11 (1) In addition to other powers and duties allowed it
12 by law, the governing board is authorized to:
13 (a)F44 Contract with public agencies, private
14 corporations, or other persons) sue and be sued) and appoint
Sand remove agents and employees, including specialists and
16 consultants.
17 (b))24 Issue orders to implement or enforce any of the
18 provisions of this chapter or regulations thereunder.
19 (c)(34 Make surveys and investigations of the water
20 supply and resources of the district and cooperate with other
21 governmental agencies in similar activities.

(2)(a) The governing board is also authorized to
3 delegate to a county or municipality, by rule, the power and
24 duty to administer any of the statutes, rules, or regulations
25 the district is authorized or required to administer,
26 including those delegated by a state agency to the district,
27 if the governing board determines that such a delegation is

S 8 necessary or desirable. Such a delegation shall be made only
if the governing board determines that the county's or
30 municipality's program for administering the delegated
31 statute, rule, or regulation:
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1 1. Provides by ordinance, regulation, or local law for

2 requirements compatible with or stricter or more extensive
3 than those imposed by the statute or the rules and regulations
4 adopted pursuant thereto.
5 2. Provides for the enforcement of such requirements

6 by appropriate administrative and judicial processes.
7 3. Provides for administrative organization, staff,
8 and financial and other resources necessary to effectively and
9 efficiently enforce such requirements.
10 (b) Nothing in this act shall prevent any county or
11 municipal program from enforcing the county's or
12 municipality's laws, ordinances, regulations, or orders. All
13 remedies of the water management districts under this chapter
14 shall be available, as an alternative to local enforcement
15 provisions, to each county or municipality to enforce any
16 provision of law, ordinance, regulation, or order. When the
17 water management district and a local program institute
18 separate lawsuits against the same party for violation of a
19 state or local law, rule, regulation, ordinance, or order
20 arising out of the same act, the suits shall be consolidated
21 when possible.
22 Section 3. Section 373.109, Florida Statutes, is
23 amended to read:
24 373.109 Permit application fees.--When a water

25 management district governing board implements a permit system
26 under this chapter or one which has been delegated to it
27 pursuant to s. 403.812, it may establish a schedule of fees
28 for filing applications for the required permits. While such
29 fees shall not exceed the cost to the district for processing

30 the application, the fee charged may include the cost of
31 monitoring the conditions placed on a permit according to a
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schedule set in s. 403.087. However, permit fees shall not be
2 required from any governmental entity.
3 (1) All moneys received under the provisions of this
4 section shall be allocated for the use of the water management
5 district and shall be in addition to moneys otherwise
6 appropriated in any general appropriation act.
7 (2) The failure of any person to pay the fees
8 established hereunder constitutes grounds for revocation or
9 denial of his permit.
10

11 Nothing herein shall affect the authority of local governments
12 to establish fees relating to permits, including, but not
13 limited to, the authority to establish the amount of such
14 fees.

Section 4. Subsection (10) is added to section
16 403.182, Florida Statutes, to read:
17 403.182 Local pollution control programs.--
18 (10) Nothing herein shall affect the authority of
19 local governments to establish fees relating to permits,
20 including, but not limited to, the authority to establish the
21 amount of such fees.

Section 5. Subsection (3) of section 373.016, Florida
3Statutes, is amended to read:
24 373.016 Declaration of policy.--
25 (3) The Legislature recognizes that the water resource
26 problems of the state vary from region to region, both in
27 magnitude and complexity. It is therefore the intent of the
'8 Legislature to vest in the Department of Environmental

Regulation or its successor agency the power and
30 responsibility to accomplish the conservation, protection,
31 management, and control of the waters of the state and with

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