Title: Five proposed bills identified as SWF 72-1 through 72-5
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 Material Information
Title: Five proposed bills identified as SWF 72-1 through 72-5
Alternate Title: Letter from SWFWMD to L. M. Blain enclosing five proposed bills identified as SWF 72-1 through 72-5 seeking to have introduced during the 1972 Legislative Session
Physical Description: 15p.
Language: English
Publication Date: August 2, 1971
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 10 ( SF LEGISLATION ), Item 5
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052622
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.

Full Text



b bioutlhwest Florida
Water Managementt District
E P. O. BOX 457 BROOKSVILLE, FLORIDA 33512

DERRILL McATEER, Chairman, Brooksville JOHN A. ANDERSON, Treasurer, St. Petersburg THOMAS VAN der VEER, Yankeetown
"iEM S. C. BEXLEY, JR., Vice Chairman, Land O'Lakes HERMAN BEVILLE, Bushnell BOYCE A. WILLIAMS, Leesburg
EDWARD MEDARD, Secretary, Tampa PETER J. NEGRI, Ocala J. MASON WINES, Lakeland
August 2, 1971 Dale Twachtmann, Executive Director ,
August 2, 1 V/1 971 '"* ^ ^ i


Mr. L. M. Blain I
Post Office Box 1363 AUG 4 1971
Tampa, Florida 33601 j i V

Dear Mr. Blain:

We are enclosing as requested five proposed bills, referenced as SWF 72-1 through 72-5,
that we are seeking to have introduced during the 1972 Legislative Session. These bills
are substantially the same as the bills introduced during the 1971 session, but the notes
below point out any changes that have been made.

1. SWF 72-1: Similar to Senate Bill 479, sponsored by Senator Knopke during
the 1971 session. Two minor changes. (1) Changed number of Florida Stat-
|/_, ute section from 378. 152 to 378. 163. This was done to avoid confusion with
0SWF 72-5. (2) Title of act was changed from "... unlawful acts on flood
control district properties ..." to "... unlawful acts on water management
district properties ... ".

2. SWF 72-2: Similar to Senate Bill 1470, sponsored by Senator Knopke during
the 1971 session. One minor change. (1) Title of act was changed from
"... amending section 378.16(3) ..." to "... amending subsection 378.16(3)...

3. SWF 72-3: No changes. Same as Senate Bill 1469, sponsored by Senator
Knopke during the 1971 session.

4. SWF 72-4: No changes. Same as Senate Bill 865, sponsored by Senator
Poston during the 1971 session.

5. SWF 72-5: No changes. Same as Senate Bill 1464, sponsored by Senator
Knopke during the 1971 session.

If you have any questions on these bills please call us.

Very truly yours,



JAKE D. VARN

Enclosures

Building a modern Ark The "Four River Basins, Florida" project






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1

2

3 A bill to be entitled

4 An act relating to flood control; creating section 378. 163,

5 Florida Statutes, to authorize the payment of rewards for

6 information concerning unlawful acts on water manage-

7 ment district properties or works; providing an effective

8 date.

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

10 Section 1. Section 378. 163, Florida Statutes, is created to read:

11 378. 163 Unlawful damage to district property or works; penalty.--

12 The governing board of the district shall have the power and is authorized

13 to offer and pay rewards of up to five thousand dollars ($5,000) to any per-

14 son furnishing information leading to the arrest and conviction of any person

15 who has committed an unlawful act or acts upon the rights-of-way, land or

16 land interests of the district, or has destroyed or damaged district properties

17 or works.

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

19

20

21

22

23

24

25

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28

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2

3 A bill to be entitled

4 An Act relating to flood control, recreational planning and

5 development; amending subsection 378. 16(3), Florida Stat-

6 utes, by deleting certain restrictions on the power of

"7 eminent domain; providing an effective date.

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

9 Section 1. Subsection (3) of section 378.16, Florida Statutes, is

10 amended to read:

11 378.16 Providing for district works.--

12 (3) Recreational planning and development within the area of the

13 district may be undertaken at the discretion of the governing board; pro-

14 vided, however, no such planning or development shall effect any public

15 lodging establishment, as defined in chapter 509. The use of the power of

16 eminent domain for recreational planning and development shall be limited

17 to the provision of recreational use of lands that are adjacent to and

18 connected with lands also necessary for water storage management purposes.

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

20

21

22

23

24

25

26

27

28
h ^\












2

3 A bill to be entitled

4 An Act relating to flood control, penalties; amending chapter

5 378, Florida Statutes, by adding a new section prescribing

6 penalties for violations; providing an effective date.

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

8 Section 1. Chapter 378, Florida Stalutes, is amended by adding a

9 new section 378. 152 to read:

10 378.152 Penalties:--

11 Any person who violates any provision of this law or any rule,

12 regulation or order adopted or issued pursuant thereto is guilty of a mis-

13 demeanor and upon conviction shall be subject to punishment by imprison-

14 ment, not exceeding six (6) months or fine not exceeding five hundred

15 dollars ($500.00) or both.

16 Section 2. This act shall take effect immediately upon becoming

17 a law.

18

19

20

21

22

23

24

25

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1

2

3 A bill to be entitled

4 An act relating to eminent domain, attorneys' fees; creating

5 section 73.092, Florida Statutes, prescribing a formula for

6 determining a median amount; establishing criteria for ad-

"7 lusting such amount; providing an effective date.

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

9 Section 1. Section 73. 092, Florida Statutes, is created to read:

10 73.092 Attorneys' fees.--

11 (1) In assessing attorneys' fees provided for in this chapter, the

12 court shall first apply the following formula:

13 (a) Suit fee for the first parcel. ........ ..............$250

14 (b) Suit fee for each additional parcel .................$125

15 (c) On the highest offer prior to filing suit or the estimate of value

16 5% of the first $10,000, plus

17 3% of the next $10,000, and

18 1% of the balance

19 (d) On the amount by which the compensation awarded exceeded

20 the highest offer prior to filing suit or the estimate of value:

21 20% of the first $10,000, plus

22 15% of the next $20,000, plus

23 10% of the next $70,000, and

24 5% of all over $100,000

25 (2) The amount so determined shall be considered a median

26 amount subject to adjustment to a lesser or greater amount in special cir-

27 cumstances upon consideration of the following:

28 (a) Benefits, other than the compensation awarded, resulting from

29 the services rendered.

30 (b) The novelty, difficulty and importance of the questions
31

1










1 involved.

2 (c) The skill employed in conducting the cause.

3 (d) The responsibility incurred and fulfilled.

4 (e) The time and labor reasonably required to represent the client.

5 (f) Any other factors appropriate to be considered.

6 Section 2. This act shall take effect October 1, 1971, and shall be

7 applicable to actions filed after such date.

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

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25

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"1 .

2

3 A bill to be entitled

4 An Act relating to flood control, flood hazard areas;

5 amending Chapter 378, Florida Statutes, by adding a new

6 section authorizing delineation and regulation of flood

7 hazard areas; providing an effective date.

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

9 Section 1. Chapter 378, Florida Statutes, is amended by adding a

10 new section 378. 162 to read:

11 378.162 Local regulation of flood hazard areas:--

12 (1) The governing board shall have the authority to delineate and

13 and regulate areas subject to recurrent flooding for the purposes of prevent-

14 ing and alleviating flood losses and for promoting the most suitable use of

15 such lands.

16 (2) Such delineation and regulation shall be based upon sound

17 studies and may include, but shall not be limited to:

18 (a) Regulations for uses including agricultural uses, which may

19 obstruct flood flows or otherwise threaten public health, safety, or general

20 welfare.

21 (b) Regulations which establish minimum flood protection eleva-

22 tons and flood damage prevention requirements for use, structures and

23 facilities such as streets, sewers, and water systems which are vulnerable

24 to flood damage.

25 (3) Wherever possible, regulations adopted under this section

26 shall be in accordance with comprehensive land use plans and ordinances

27 of local governmental units.

28 (4) Appropriate conditions to effectuate the purposes of this
29 section may be attached to permits or permission for use or development of

30 flood hIazard areas.

31

; 1










1 Section 2. This act shill take effect immcdiltely upon becoming

2 a law.

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

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"0Q






/2-1



1

2

3 A bill to be entitled

4 An act relating to flood control; creating section 378. 163,

5 Florida Statutes, to authorize the payment of rewards for

6 information concerning unlawful acts on water manage-

7 ment district properties or works; providing an effective

8 date.

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

10 Section 1. Section 378. 163, Florida Statutes, is created to read:

11 378. 163 Unlawful damage to district property or works; penalty.--

12 The governing board of the district shall have the power and is authorized

13 to offer and pay rewards of up to five thousand dollars ($5,000) to any per-

14 son furnishing information leading to the arrest and conviction of any person

15 who has committed an unlawful act or acts upon the rights-of-way, land or

16 land interests of the district, or has destroyed or damaged district properties

17 or works.

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

19

20

21

22

23

24

25

26

27

28

29










1

2

3 A bill to be entitled

4 An Act relating to flood control, recreational planning and

5 development; amending subsection 378.16(3), Florida Stat-

6 utes, by deleting certain restrictions on the power of

"7 eminent domain; providing an effective date.

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

9 Section 1. Subsection (3) of section 378.16, Florida Statutes, is

10 amended to read:

11 378.16 Providing for district works.--

12 (3) Recreational planning and development within the area of the

13 district may be undertaken at the discretion of the governing board; pro-

14 vided, however, no such planning or development shall effect any public

15 lodging establishment, as defined in chapter 509. The use of the power of

16 eminent domain for recreational planning and development shall be limited

17 to the provision of recreational use of lands that are adjacent to and

18 connected with lands also necessary for water st-oage management purposes.

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

20

21

22

23

24

25

26

27

28










1 -

2

3 A bill to be entitled

4 An Act relating to flood control, penalties; amending chapter

5 378, Florida Statutes, by adding a new section prescribing

6 penalties for violations; providing an effective date.

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

8 Section 1. Chapter 378, Florida Statutes, is amended by adding a

9 new section 378.152 to read:

10 378.152 Penalties:--

11 Any person who violates any provision of this law or any rule,

12 regulation or order adopted or issued pursuant thereto is guilty of a mis-

13 demeanor and upon conviction shall be subject to punishment by imprison-

14 ment, not exceeding six (6) months or fine not exceeding five hundred

15 dollars ($500.00) or both.

16 Section 2. This act shall take .effect immediately upon becoming

17 a law.

18

19

20

21

22

23

24

25

26

27

28










1

2

3 A bill to be entitled

4 An act relating to eminent domain, attorneys' fees; creating

5 section 73.092, Florida Statutes, prescribing a formula for

6 determining a median amount; establishing criteria for ad-

7 justing such amount; providing an effective date.

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

9 Section 1. Section 73.092, Florida Statutes, is created to read:

10 73.092 Attorneys' fees.--

11 (1) In assessing attorneys' fees provided for in this chapter, the

12 court shall first apply the following formula:

13 (a) Suit fee for the first parcel ....................... $250

14 (b) Suit fee for each additional parcel .................$125

15 (c) On the highest offer prior to filing suit or the estimate of value

16 5% of the first $10,000, plus

17 3% of the next $10,000, and

18 1% of the balance

19 (d) On the amount by which the compensation awarded exceeded

20 the highest offer prior to filing suit or the estimate of value:

21 20% of the first $10,000, plus

22 15% of the next $20,000, plus

23 10% of the next $70,000, and

24 5% of all over $100,000

25 (2) The amount so determined shall be considered a median

26 amount subject to adjustment to a lesser or greater amount in special cir-

27 cumstances upon consideration of the following:

28 (a) Benefits, other than the compensation awarded, resulting from

29 the services rendered.

30 (b) The novelty, difficulty and importance of the questions

31

1 1
a








"*1


1 involved.

2 (c) The skill employed in conducting the cause.

3 (d) The responsibility incurred and fulfilled.

4 (e) The time and labor reasonably required to represent the client.

5 (f) Any other factors appropriate to be considered.

6 Section 2. This act shall take effect October 1, 1971, and shall be

7 applicable to actions filed after such date.

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28










1 ,

2

3 A bill to be entitled

4 An Act relating to flood control, flood hazard areas;

5 amending Chapter 378, Florida Statutes, by adding a new

6 section authorizing delineation and regulation of flood

"7 hazard areas; providing an effective date.

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

9 Section 1. Chapter 378, Florida Statutes, is amended by adding a

10 new section 378.162 to read:

11 378.162 Local regulation of flood hazard areas:--

12 (1) The governing board shall have the authority to delineate and

13 and regulate areas subject to recurrent flooding for the purposes of prevent-

14 ing and alleviating flood losses and for promoting the most suitable use of

15 such lands.

16 (2) Such delineation and regulation shall be based upon sound

17 studies and may include, but shall not be limited to:

18 (a) Regulations for uses including agricultural uses, which may

19 obstruct flood flows or otherwise threaten public health, safety, or general

20 welfare.

21 (b) Regulations which establish minimum flood protection eleva-

22 tons and flood damage prevention requirements for use, structures and

23 facilities such as streets, sewers, and water systems which are vulnerable

24 to flood damage.

25 (3) Wherever possible, regulations adopted under this section

26 shall be in accordance with comprehensive land use plans and ordinances

27 of local governmental units.

28 (4) Appropriate conditions to effectuate the purposes of this

29 section may be attached to permits or permission for use or development of

30 flood hazard areas.

31

q1










1 Section 2. This act shall take effect immediately upon becoming

2 a law.

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

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