SB 123, HB 393
Re: Bulkhead Lines
The proposed Conference Committee Bill refers to
matters relating to bulkhead lines in two places:
1. Page 22, lines 21 and 22 provides for repeal
of the procedure to fix bulkhead lines.
2. Page 14, lines 2-4 moves all bulkhead lines
to the line of mean high water or ordinary
3. Page 21, lines 17 and 18 make exception for
for sections 253.122 and 253.136.
The effect of these two changes is to completely
eliminate the use of bulkhead lines, which has been used
in the past to give stability and a means of setting long
range guides for activities along water fronts.
Bulkhead lines are established by local governments,
subject to approval of the governor and cabinet. In some
instances, these lines are located offshore; in other
instances, bulkhead lines are at or near the mean high
water or ordinary high water; in some instances, the bulk-
head line (the line beyond which fill, etc. shall not be
permitted) is even located inland of the mean high water or
ordinary high water line due to acts of nature, artificial
Actually, all bulkhead lines should be located at
fixed positions, rather than at mean high or ordinary high.
Mean high and ordinary high are costly to determine and.
are subject to moving and shifting, defending on winds,
tides and many other causes.
1. On page 14, strike all of lines 2-4 and insert:
(3) Notwithstanding the provisions of (1) and
(2), above, there
2. On page 22, lines 21 and 22, strike:
and sections 253.122 and 253.136, Florida
3. On page 21, lines 17 and 18, strike:
4. In the title on oacae 3, lines 9-14, strike the
phrases relating to the repeal of ss.253.122
Re: Bulkhead lines
The net effect of these changes will be to prohibit
filling beyond mean high water or ordinary high water
except upon compliance with chapter 253. But it will pre-
serve the method of the establishing or moving bulkhead
lines but transfer the approval of such activities from
the Internal Improvement Trust Fund to the Department
of Natural Resources (see Section 15, paae 19). In either
event, the final determination remains under the governor
Practically speaking, most bulkhead lines currently
would be set at or near existing lines of mean high or
ordinary high water, but the need continues for a tool or
method of setting or moving these lines to fixed locations.
Rather than repealing the provisions which allows
bulkhead lines to be set or moved, it would be better to
go through the statutes and remove all reference to bulk-
head lines. The current wording of the Conference Committee
bill sets all bulkhead lines statutorially. Does this
mean that subsequent changes, where warranted, should be
changed by local act?
There is a definite need to retain the bulkhead
line concept of establishing stability to property rights;
this includes the need to be able to establish other
bulkhead lines or to move existing ones to more appropriate
~O^ (j) The con struction and maintenance of sales. .
S( 2 Yi_r (3) I i A 1i J. --ofo re eUstabliI
3 Vu hJ r l, tIa1 3 i k_-
5 shall be no filling waterward of the line of mean high water
6 or ordinary high water except upon compliance with chapter
7 253, Florida Statutes,
8 Section 8. The Department of Pollution Control is
9 transferred by a type three transfer, as defined s. 20.06(3),
10 Florida Statutes, to the department except for those duties
11 vested in the governor and cabinet under section 5 of this
12 act, and except that all powers, duties, and functions of the
13 Department of Pollution Control relating to the regulation of
14 open burning connected with rural land clearing, agricultural,
15 or forestry operations (except fires for cold or frost
16 protection) are transferred by a type four transfer, as
17 defined in s. 20.06 (), Florida Statutes, to the Department of
18 Agriculture and Consumer Services.
19 Section 9, (1) All powers, duties, and functions of
20 the Bureau of Sanitary Engineering of the Department of Health
21 and Rehabilitative Services not transferred elsewhere by this
22 act, are transferred by a type four transfer as defined in s.
23 20.06 (4), Florida Statutes, to the department, except for the
24 following functions which shall remain with the Department of
25 Health and Rehabilitative Services:
26 (a) Inspection of interstate common carrier water
27 facilities; and
28 (b) Services relating to public swimming pools and
29 bathing places.
30 (2) ith respect to public water supply and r.:nwage
31 treatment and disposal facilities, the functions of the
14' ". b *C-r
C .S C S C "S 3 1 "- 1 1a 5 !
1 (3) Nothing in this act shall alter or affect rights
2 previously vested under chapter 380, Florida Statutes.
3 Section 23. No legal or administrative proceeding
4 pending as of the effective date of this act shall be abated
5 or delayed because of any transfer made in this act, and any
6 department to which are transferred the powers, duties, and
7 functions of an agency relating to a pending proceeding shall
8 be substituted as a party in interest in such proceeding.
9 Section 24. All statutory law which names units of
10 government in the various agencies of the executive branch in
11 a manner in conflict with the nomenclature used herein is
12 amended so as to be consistent with the nomenclature used in
13 this act. If any agency, program, power, duty, or function
14 transferred herein is changed in name or substance by another
15 act of the legislature during the 1975 regular session, the
16 agency, program,: power, duty, or function, as amended, is
17 transferred in a manner consistent with the intent expressed
18 b this act.
*1 Section 25. Subsection (17) of section 20.25, Florida
S n^ jf 20 Statutes, section 20.26, Florida Statutes, Section 20.27,
21 Florida Statutes, 1974 Supplement, .a...- eti.on 25-n
22 "2o3. i36, -ri^'ia tcial,- are hereby repealed.
23 Section 26. The Department of Environmental Regulation
24 and the Department of Natural Resources shall accomplish this
I 25 reorganization within existing resources and appropriations
I 26 authorized by the legislature.
27 Section 27. If any provision of this act or the
i 28 application thereof to any person or circumstance is held
29 invalid, the invali'iTty shall noe affect other provlslo'is o ~
30 applications of the act which can be given effect without the
C" cI-; :.5CS3 11-1 A 5-
1 report to the governor, and the executive director of the
2 Department of Natural Resources shall submit a report to the
3 head of the Department of Natural Resources. The reports
4 shall then be submitted to the speaker of the house of
5 representatives and the president of the senate. The reports
6 shall contain the organization plan of each respective
7 department in effect on March 1, 1976, and a detailed
8 description of the placement within the departmental structure
9 of all of the authorized programs and functions administered
10 or accomplished by each department.
11 Section 20. The Department of Administration and all
12 other state agencies shall assist and cooperate with the
13 Department of Envircnmental Regulaticn and the Department of
14 Natural Resources to ensure the orderly and efficient transfer
15 of the powers, duties, functions, and agencies transferred by
f 17 Section 21. Except as provided in sections 253.12,,
i 18 2f3.13f7, 403.510 and 403.511, Florida Statutes, nothing in
19 this act shall be construed to have altered the authority of
i 20 county and municipal governments as provided by lavw.
I 21 Section 22. (1) Any rule or regulation of a public
22 agency involved in or affected by the reorganization of the
23 executive agencies as set forth in this act, which was valid
24 when adopted under the authority granted by the legislature to
125 adopt such rule, to the extent it is not inconsistent with
26 this act, shall remain in effect until it expires by its terms
27 or is specifically repealed cr revised as provided by law.
29 into chapter 20, Florida Statutes, and provisions of chapter
5 30 20, Florida Statutes, not repealed by this act shall apply to
31 the agencies create, transferred, or otherwise altered.
COC"C 312-ilA-5 11 C.-
} legislature; providing for cooperation among
2 affected agencies; providing for nonabrogation
3 of rules and legal or administrative
4 proceedings; repealing s. 20.25(17), Florida
5 Statutes, relating to the functions of the Game
6 and Fresh Water Fish Commission; repealing s.
7 20.26, Florida Statutes, relating to the
8 creation of the Department of Pollution
14 Control; --A`-L 4 s repealing s. 20 -27,A
15 Florida Statutes, 197i Supplement, relating to
16 the creation and renaming of the Board of
T17 2 Trustees of the Internal Improvement Trust
18 Fund; providing for severability; providing an
19 effective date.
| 21 Be It Enacted by the Legislature of the State of Florida:
i 23 Section 1. Short title.--This act shall be known and
I 24 may be cited as the Florida Environmental Reorganization Act
J 25 of 1975.
i 26 Section 2. Declaration of policy.--Reasserting the
I 27 policy. of the Governmental Reorganization Act of 1969, as
28 stated in s. 20.02, Florida Statutes, that structural
29 reorganization should be a continue: i process, a '1d rccciniinq ,
30 that 6 years have passed since the 1969 reorganization, it is
31 the intent of the legislature to promote the efficient,
C : C 3 1.'' 1.) A- ^ s
1 (5) The Division of Law Enforcement shall perform the
2 duties currently assigned tc the Bureau of Law Enforcement of
3 the Division of Marine Resources.
4 Section 15. The Board of Trustees of the Internal
5 Improvement Trust Fund is merged into the Department of
6 Natural resources, and all cf the statutory powers, duties and
7 functions, records, personnel, property, and unexpended
8 balances of appropriations, allocations, or other funds of the
"9*'Board of Trustees of the Internal Improvement Trust Fund not
10 transferred elsewhere by this act, are transferred to the
11 Department of Natural Resources. Notwithstanding any other
12 provision of law to the contrary, the uncommitted fund balance
13 of the Internal Improvement Trust Fund as of July 1, 1975, and
14 all revenues subsequently accruing from sources now designated
15 by law for deposit in the Intenal Improvement Trust Fund shall
16 be deposited in the Land Acquisition Trust Fund created by s.
17 375.0a1, Florida Statutes, to be used in accordance. with
18 chapter 375, Florida Statutes. However, all the powers,
19 duties, and functions of the Board of Trustees of the Internal
20 Improvement Trust Fund relating to trademarks, copyrights, and
21 patents not involving an interest in real property, as
22 enumerated in s. 286,021 and s. 286.031, Florida Statutes, are
23 transferred by a type four transfer, as defined in s. ,
24 20.06(4), Florida Statutes, to the Department of State.
25 Section 16. All powers, duties and functions of the
26 Sea Resources Section of the Bureau of Sanitary Engineering of
27 the Division of Health of the Department of Health and
28 Rehabilitative Services relating to but not limited to the
9 regulatio n of shellfish j;;e : .... i y a ^-y 1-
30 transfer, as defined in s. 20.06(4), Florida Statutes, to the
31 Department of Natural Resources; Zprovided that the Depa-rtment