Title: Environmental Reorganization Act of 1975
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Permanent Link: http://ufdc.ufl.edu/UF00052269/00001
 Material Information
Title: Environmental Reorganization Act of 1975
Alternate Title: Excerpts, Ch. 75-22. Environmental Reorganization Act of 1975.
Physical Description: 4p.
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 4, Folder 10 ( SF - ENVIRONMENTAL REORGANIZATION ACT OF 1975. FLORIDA. ), Item 1
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052269
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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the Division of Environmental Permitting. Nothing contained in this
act shall be construed to adversely affect or divest any water management
district of the power to levy ad valorem taxes.

Section 7. (1) The secretary is authorized to adopt procedural rules
providing for a short form application and issuance at the district center
of permits for certain activities. These activities shall include the following
and any others established by rule under the Administrative Procedure Act:

(a) Projects not exceeding 4,000 cubic yards of material placed in or
removed from the navigable waters of the state;

(b) Dockage or marina facilities not exceeding 20,000 square feet of
submerged lands;

(c) New seawalls or similar structures not exceeding 300 linear feet
of shoreline;

(d) The installation of buoys, signs, fences, ski ramps, and aids to
navigation;

(e) The installation of subaqueous transmission and distribution lines
laid on, or embedded in, the bottoms of waters of the state carrying water,
electricity, communication cables, oil and gas; and

(f) The performance for 10 years from the issuance of the original
permit of maintenance dredging of permitted navigation channels, port
harbors, turning basins and harbor berths. The Trustees of the Internal
Improvement Trust Fund may fix and recover from the permitted an
amount equal to the difference between the fair market value and the
actual cost of the maintenance dredging for material removed during
such maintenance dredging. Provided, however, no charge shall be exacted
by the state for material removed during such maintenance dredging by a
public port authority. The removing party may subsequently sell such
material, provided that proceeds from such sale that exceed the costs
of maintenance dredging shall be remitted to the state and deposited in
the Internal Improvement Trust Fund.

(2) No permit under chapters 373, 403, or 253, Florida Statutes, shall
be required for activities associated with the following types of projects;
however, nothing in this subsection shall relieve an applicant from comply-
ing with applicable local pollution control programs authorized under
(0 chapter 403, Florida Statutes, or other requirements of county and munici-
S pal governments:

(a) The installation of overhead transmission lines, with the support
"structures not constructed in waters of the state and which do not create


(b) The installation of mooring pilings and dolphins associated with
private docking facilities, and the installation of private docks of 500
square feet or less of over-water surface area constructed on pilings so
as not to substantially impede the flow or create a navigational hazard,
and involving no filling;

(c) The installation of boat ramps on artificial bodies of water where
navigational access to the proposed ramp exists;























nis (d) The replacement or repair of existing docks, provided that no
it fill material is to be used, and provided that the replacement or repaired
x dock is in the same location and of the same configuration and dimensions
as the dock being replaced or repaired;

I rules
center (e) Seawalls restored at their previous location or upland of, or with
lowing 1 foot waterward of their previous location;
e Act:
(f) The performance for 10 years from the issuance of the original

i in or permit granted prior to July 1, 1975, of maintenance dredging of existing
man-made canals, channels and intake and discharge structures where the
spoil material is to be removed and deposited on a self-contained, upland

feet of spoil site which will prevent the escape of the spoil material into the waters
I of the state; provided that no more dredging is to be performed than
r feet is necessary to restore the canal, channels and intake and discharge struc-
r features to original design specifications. The Trustees of the Internal
Improvement Trust Fund may fix and recover from the permitted an

ids to amount equal to the difference between the fair market value and the
actual cost of the maintenance dredging for material removed during
such maintenance dredging. Provided, however, no charge shall be exacted

a lines by the state for material removed during such maintenance dredging by a
water, public port authority. The removing party may subsequently sell such
material, provided that proceeds from such sale that exceed the costs of
maintenance dredging shall be remitted to the state and deposited in the

originall Internal Improvement Trust Fund.
;s, port
nter- (g) The maintenance of existing dikes and irrigation and drainage
Itee ditches, provided that spoil material is deposited on a self-contained, up-
ind e land spoil site which will prevent the escape of the spoil material into
during waters of the state; provided that no more dredging is performed than
exacted is necessary to restore the dike, or irrigation or drainage ditch to its
Tg by a original design specifications;
11 such (h) The repair of existing pipes for the purpose of discharging storm
e costs water runoff;
-ited in
(i) Construction of private docks and seawalls in artificially created
waterways, where such construction will not violate existing water quality

,s, shall standards, impede navigation or affect flood control; and
projects;
comply- (J) The construction and maintenance of swales.
i under (3) All bulkhead lines heretofore established pursuant to section
munici- 253.122, Florida Statutes, are hereby established at the line of mean high
water or ordinary high water. There shall be no filling waterward of the
line of mean high water or ordinary high water except upon compliance
support with chapter 253, Florida Statutes.
t create
Section 8. The Department of Pollution Control is transferred by a
type three transfer, as defined s. 20.06(3), Florida Statutes, to the

ed with department except for those duties vested in the governor and cabinet
under section 5 of this act, and except that all powers, duties, and func-
lings so
hizg 5, tions of the Department of Pollution Control relating to the regulation
of open burning connected with rural laud clearing, agricultural, or
forestry operations (except fires for cold or frost protection) are trans-

r where ferred by a type four transfer, as defined in s. 20.06(4), Florida Statutes,
to the Department of Agriculture and Consumer Services.
























Section 9. (1) All powers, duties, and functions of the Bureau of
Sanitary Engineering of the Department of Health and Rehabilitative
Services not transferred elsewhere by this act, are transferred by a type
four transfer as defined in s. 20.06(4), Florida Statutes, to the department,
except for the following functions which shall remain with the Department
of Health and Rehabilitative Services:
(a) Inspection of interstate common carrier water facilities; and
(b) Services relating to public swimming pools and bathing places.
(2) With respect to public water supply and sewage treatment and
disposal facilities, the functions of the department with regard to con-
struction, operation and expansion permitting, monitoring and surveillance,
and enforcement where applicable, shall be conducted by the Division of
Health or county health unit under interagency agreements delegating
functions to said Division of Health or county health unit, to be performed
on behalf of the department. Plan review and approval with respect to
these functions shall be delegated to those county health units that are
determined by the department to be capable of performing this function,
provided that same is conducted pursuant to uniform rules and regulations
or standards of the department. The interagency agreement shall include
provisions regarding the acquisition, flow, use and analysis of data.
Plan review and approval relating to major public waterworks or sewage
treatment and disposal projects of a regional nature, may be performed
directly by the department, if it is determined that same may facilitate the
processing and obtaining of any federal funding available for such projects.
Alternative interagency agreements may be entered into with county or
regional agencies other than county health units in regard to functions
other than water supply, where it is determined by the department that
said agency is capable of performing the function in lieu of a coWnty
health unit.

(3) Nothing in this section shall serve to negate the powers, duties and
responsibilities of the secretary of the Department of Health and Re-
habilitative Services relating to the protection of the public from the
spread of communicable disease, epidemics and plagues.
Section 10. All powers, duties, and functions of the Board of Trustees
of the Internal Improvement Trust Fund, relating to the issuance of per-
mits, certificates, licenses, exemptions and enforcement pursuant to chapter
253, Florida Statutes, are transferred by a type four transfer, as defined
in s. 20.06(4), Florida Statutes, to the department.

Section 11. All powers, duties and functions of the Department of
1 ^ Natural Resources relating to water management as set forth in chapter
^\ 373, Florida Statutes, and chapter 74-114, Laws of Florida, are transferred
by a type four transfer, as defined in s. 20.06(4), Florida Statutes, to the
.7" department, provided that nothing in this transfer shall affect the existence
of, or membership on, any water management district board; and provided
"further that, notwithstanding the provisions of s. 373.026(7), Florida
Statutes, the governor and cabinet, sitting as the Land and Water Ad-
judicatory Commission, shall have the exclusive power by a vote of four
of the members, to review, and may rescind or modify any rule or order
of a water management district, except those rules which involve only
the internal management of the water management district, to insure























of compliance with the provisions and purposes of chapter 373, Florida
ve, Statutes. Such review may be initiated at any time by the governor and
po cabinet, by the secretary, by the Environmental Regulation Commission, or
it, by an interested party aggrieved by such rule or order, by filing a request
nt for such review with the Land and Water Adjudicatory Commission and
serving a copy on the water management district. Such request for review
is not a precondition to the effectiveness of such rule or order, or to
the seeking of judicial review as provided by ss. 373.133 and 120.68,
Florida Statutes. The powers, duties and functions of the Department of
Natural Resources exercised by the Bureau of Water Resources are
id transferred by a type four transfer, as defined in s. 20.06(4), Florida
)n- Statutes, to the department. All powers, duties and functions of the De-
ce, apartment of Natural Resources relating to permits, licenses, and exemp-
of tions, pursuant to chapter 253, Florida Statutes, are transferred by a type
ng four transfer, as defined in s. 20.06(4), Florida Statutes, to the department.
ed All powers, duties and functions of the Department of Natural Resources
to relating to water management districts, as set forth in chapter 298,
Lre Florida Statutes, are transferred by a type four transfer, as defined in
m, s. 20.06(4), Florida Statutes, to the department; provided, however, that
)ns the department shall not have the authority to borrow money, issue notes,
de or incur indebtedness.
ta.
ge Section 12. Except for the coordination of governmental planning and
ed programming activities, as provided in s. 23.012, Florida Statutes, the
he powers, duties and functions of the Division of State Planning of the
ts. Department of Administration, prescribed in part I of chapter 23, Florida
or Statutes, which relate to the development of the data for the environmental
,ns quality portions of the State Comprehensive Plan, are transferred by a
,at type four transfer, as defined in s. 20.06(4), Florida Statutes, to the
Ity department for those environmental programs which fall under its
jurisdiction. Those powers, duties, and functions relating to the develop-
ment of data for the natural resources portions of the State Comprehensive
nd Plan are transferred by a type four transfer, as defined in s. 20.06(4),
te- Florida Statutes, to the Department of Natural Resources for those natural
,he resource programs which fall under its jurisdiction.
PART II

,'es Section 13. Notwithstanding any provision of law to the contrary, the
er- following shall be the divisions of the Department of Natural Resources:
ter
ted (1) Division of Administrative Services;
(2) Division of Marine Resources;

of (3) t Division of Recreation and Parks;
ter
red (4) Division of Resource Management; and
the (5) Division of Law Enforcement.
nce
led Section 14. Management and organization.-
ida (1) Within the Department of Natural Resources, there is created
the position of assistant executive director, who shall aid in the overall
ur
itcr management of the department.
nly (2) The Division of Marine Resources shall perform all duties currently
ure assigned to the division except law enforcement.


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