Legislation sought in previous years includes:
1. Authority to post rewards.
2. Eminent Domain authority for recreational access.
3. Penalty provisions for Chapter 378 violations.
4. Eminent Domain attorneys' fee schedule.
5. Flood hazard area delineation and regulation.
6. Elimination of Section 373.091 exemptions.
7. Elimination of Chapter 373 grandfather provisions.
Of the above bills, only Number 1 and Number 5 are recommended
for support during 1973. The reward bill is still needed. C&SFFCD
desires a $2500.00 limit on this. This would not be a mandatory
amount if the Governing Board desires to post a smaller reward
it would probably be more appropriate until some experience had
Legislation authorizing flood hazard area identification
regulation will face a tough fight but it may be possible to obtain
some reasonable form of legislation which would allow the district
to impose such regulations if local governmental agencies refuse
to do so. The present form of the bill being prepared by the Senate
Committee lacks adequate flexibility and. will have difficulty in
passing the Committee unless it is modified to a marked degree.
Eminent Domain powers for recreational access may be needed
in the future in some limited form. However the District is not
presently faced with any pressing problems caused by lack of such
authority. C&SFFCD is faced with a problem on this and will be
pushing a bill. The District should avoid becoming involved
The bill prescribing attorney's fees in condemnation cases
has never gotten very far in the legislature. However, its intro-
duction has resulted in an awareness of the desirability to depart
from a strict application of a flat percentage across the board
The prior exemptions and grandfather provisions contained in
Chapter 373 were amended by the Water Resources Act of 1972 but
still appear in the law in a modified form. The staff recommends
that we defer support on these proposals.
OTHER LEGISLATION FOR 1973:
A, Water shortage emergency powers were granted to districts during
the Special Session last November. This was done primarily for the
benefit of C&SFFCD since SWFWMD has its regulatory authority and
its water use-caution provision. This act terminates automatically
on July 1, 1973. It would be desirable to extend this provision.
6. Disbursement of funds by the District is presently authorized
only upon order of the Governing Board. It is highly desirable
to amend Section 373.33 to allow governing boards to delegate
authority to its staff to issue checks in payment of properly
budgeted amounts not to exceed some set limit per payee without
the present procedure of obtaining prior Board approval.
C Legislation last year changed the name of Chapter 298 "Drainage
Districts" to "Water Management Districts." This is confusing
terminology and should be clarified.
V, The Water Resources Act of 1972 has created numerous questions
which have not yet been clarified. Technical amendments are
needed to do the following:
1. To preserve ad valorem taxing authority.
2. To provide phasing-in time for new regulatory activities.
3. To establish procedural guidelines and broaden and
stabilize the financial base similar to SWFWMD.
4. To establish the respective responsibilities
and authorities of the water management district and DNR.
5. TO create a procedure for greater flexibility by either
removing or granting exceptions to specific statutory limits.
In General: It seems highly desirable to support clarifying, tech-
nical amendments which would carry out the declared policy set forth
in the 1972 Water Resources Act which provides that the Department
of Natural Resources may exercise any power authorized to be exer-
cised by a water management district but to the greatest extent
practicable such power should be delegated to the governing boards
of the respective water management districts.