Title: Chapter 373 Water Resources
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 Material Information
Title: Chapter 373 Water Resources
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Chapter 373 Water Resources 1988 Supplement to Florida Statutes 1987
General Note: Box 7, Folder 4 ( Vail Conference 1989 - 1989 ), Item 67
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00000968
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
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Full Text













1988 SUPPLEMENT TO FLORIDA STATUTES 1987


CHAPTER 373
WATER RESOURCES

PART I
STATE WATER RESOURCE PLAN
Basins basin boards
Duties of basin boards; authorized expendi-
tures
Governing board
Southwest Florida Water Management Dis-
trict, governing board.
Vacancies in the governing board, removal
from office.
Members of governing board, oath of office;
staff
General powers and duties of the governing
board


678

/41, ZZ


373.0693
373 0695

373.073
373 0735

373 076

373 079

373083


S.70


s. 372.0215


. s 372 99










S. 373.0693 1988 SUPPLEMENT TO F

373 384 District works ,operation by other govern-
nileli i ag'nf ies
373 085 Ue- of works or land by other districts or pri-
vate persons
373 086 Providing for district works.
373 087 District works i,sing aquifer for storage and
supply
373 089 Sale of lands
373 093 Lease of lands or interest in land.
373.096 Releases
373 099 ExecutlOn of instruments.
373 !03 Powers which may be vested in the govern-
ing board at the department's discretion.

1373.0693 Basins; basin boards.-
(1)(a) Any areas within a district may be designated
by the district governing boar! as subdistricts or basins.
The designations of such basins shall be made by the
district governing board by resolutions thereof. The gov-
erning bcard of the distct mna, change the boundaries
of such basins or create new basins, by resolution.
(b) No subdistr-ct or basin in the St. Johns Water
Management District other than established by this act
shall become effective until approved by the Legisla-
ture
(2) Each bas;n shall' be under the control of a basin
board which shall be composed of not less than three
members, but shail include one representative from
each of the counties included in the basin.
2(3i Each member of the various basin boards shall
serve for a perod of 3 years or until a successor is ap-
pointed except that the board membership of each new
basin shall be divided into three groups as equally as
possible, with members in such groups to be appointed
for 1 2 and 3 years respectively. Each basin board shall
choose a vice chairman and a secretary to serve for a
period of i year The term of office of a basin board
member shall be construed to commence on March 2
preceding the date of appointment and to terminate
March 1 of the year of the end of a term.
(4) Members of basin boards shall be appointed by
the Governor, subject to confirmation by the Senate at
the next regular session of the Legislature, and the re-
fusal or failure of the Senate to confirm an appointment
shall create a vacancy in the office to which the appoint-
ment was made.
(5) Basin board members shall receive no compen-
sation for services as such, but, while officially on work
for the district, they shall receive their actual travel ex-
penses between their respective places of residence
and the place where off cial district business is conduct-
ed, subsistence, lodging, and other expenses in the
amount actually incurred These expenses may not ex-
ceed the statutory amount allowed state officers and
employees. This subsection applies retroactively to the
effective date of the creation of each of the five separate
water management districts
(6)(a) Notwithstanding the provisions of any other
general or special law to the contrary, a member of the
governing board of the district residing in the basin or,
if no member resides in the basin, a member of the gov-
erning board designated by the chairman of the govern-
ing board shall be the ex officio chairman of the basin


L


ORIDA STATUTES 1987 s. 373.0693

board The ex officio chairman shall preside at all meet-
ings of the basin board, except that the vice chairman
may preside in his absence The ex officio chairman shall
have no official vote except in case of a tie vote being
cast by the members, but shall De the liaison officer of
the district in all affairs in the basin and shall be kept in-
formed of all such affairs
(b) Basin boards .vthin the Southwest Florida Water
Management District shall meet regularly as determined
by a majority vote of the basin board members. Subject
to notice requirements of chapter 120. special meetings,
both emergency and nonemergency. may be called ei-
ther by the ex officio chairman or the elected vice chair-
man of the basin board or upon request of two basin
board members. The district staff shall include on the
agenda of any basin board meeting any item for discus-
sion or action requested by a member of that basin
board. The district staff shall notify any basin board, as
well as their respectr.e counties. of any vacancies oc-
curring in the district governing board or their respective
basin boards.
(7) At 11.59 p m. on December 31. 1976, the Mana-
sota Watershed Basin of the Ridge and Lower Gulf
Coast Water Management District. which is annexed to
the Southwest Florida Water Management District by
change of its boundaries pursuant to chapter 76-243,
Laws of Florida, shal! be formed into a subdistrict or ba-
sin of the Southwest Flor;da Water Management District,
subject to the same provisions as the other basins in
such district. Such subdistrct shall be designated initial-
ly as the Manasota Basin. The members of the govern-
ing board of the Manasota Watershed Basin of the Ridge
and Lower Gulf Coast Water Management District shall
become members of the governing board of the Mana-
sota Basin of the Southwest Floreda Water Management
District.
(8)(a) At 11 59 p m on June 30. 1988, the area trans-
ferred from the Southwest Florida Water Management
District to the St Johns River Water Management Dis-
trict by change of boundaries pursuant to chapter 76-
243, Laws of Flonda shall cease to be a subdistrict or
basin of the St Johns River Water Management District
known as the Oklawaha River Basin and said Oklawaha
River Basin shall cease to exist However, any recogni-
tion of an Oklawaha River Basin or an Oklawaha River
Hydrologic Basin for regulatory purposes shall be unaf-
fected The area formerly known as the Oklawaha River
Basin shall continue to be part of the St. Johns River Wa-
ter Management District There shall be established by
the governing board of the St. Johns River Water Man-
agement District the Oklawaha River Basin Advisory
Council to receive pubhc input and advise the St. Johns
River Water Management Distrct's governing board on
water management issues affecting the Oklawaha River
Basin The Oklawaha River Basin Advisory Council shall
be appointed by action of the St. Johns River Water
Management District's governing board and shall in-
clude one representative from each county which is
wholly or partly included in the Oklawaha River Basin.
The St. Johns River Water Management District's gov-
erning board member currently serving pursuant to s.
373.073(1)(b)3.c. shall serve as chairman of the Ok-
lawaha River Basin Advisory Council Members of the











1988 SUPPLEMENT TO FLORIDA STATUTES 1987 a. 373.073


Okla,, lt, Rii r' Basin Advis:,or C .ounci' shali receive no
compe- s !,to' for their set vrcf but are entitled to be re
irlu sc f:r pc' diem and traveW! expens- s as provided
in s 112 061
(b) Also the entire area of th- St Johns River Water
MariatmcE n District, less those areas formerly in the
Oklaaha Bas:r shall cease to be a subdstrict or basin
of the St Johns River Water Management District known
as the Greater St Johns River Basin and said Greater
St Johns R'ver Basin shall cease to exist The area for-
merl) known as tr-e Greater St Johns Ri\er Basin shall
continue to be part of the St. Johns River Water Manage-
ment District
(c) As of 11 59 p.m. on June 30, 198E assets and lia-
billtes of the former Oklawaha River and Greater St.
Johns Rive- Basins shall be assets and I:abilities of the
St Johns R;er Water Management District Any con-
tracts. plans orders or agreements of such basins shall
continue to be i effect, but ma, be modified or repealeo
by the St Jo.'ls River Water Management District in ac-
cordance v, t'" i.. For all purposes for assessing and
levying the nmiage rate authorized under s 373.503,
subsequent to December 31, 1967, including the pur-
poses of certifying the millage rate for fisca' year 1988-
1989 pjrsuat to chapter 200. said millage rate shall be
levied retroactive to January 1. 1988
(9) At 11 59 p m. on December 31. 1976 a portion
of the B5g Cypress Basin of the Ridge and Lower Gulf
Coast D:strct which is being annexed into the South
Florida Vvate, Management District tb change of bound-
aries pursuant to chapter 76-243 Laws of Florida, shall
be former intc a subdistrict or basin of the South Florida
Water Management District. Such portion shall be desig-
nated as the Sig Cypress Basin On or before December
31. 1976. the Governor shall appoint not fewer than five
persons residin; in the area to serve as members of the
goverrin board of the basin, effective at the time of
transfer ano subject to confirmation by the Senate as
provided in subsection (4)
(a) The initial boundaries of the B;g Cypress Basin
shall be estarn!shed by resolution of the governing
board of Centra, and Southern Florida Flood Control Dis-
trict. after notice and hearing, and generally shall en-
compass the Big Cypress Swamp and southwestern
coastal area hydrologic cataloging unit as indicated on
Rive: Basin and Hydrologic Unit Map of Florida-1975,
Florida Depa-trrent of Natural Resources. Bureau of Ge-
ology Map Series No. 72
(b) If the gov-erning board shall fail to establish the
initial; boundaries on or before Decembe- 31, 1976, the
initial boundaies shall be the same- boundaries as de-
scribed for the b;c Cypress Basin of the Ridge and Low
er Gulf Coast District.
(c) The governing board of the South Florida Water
Management District subsequently may change the
boundaries of the basin, bul may not abolish the basin.
(10) At 11 59 p m on Deccmber 31 1976. the entire
area of the South Florida Water Management District, in-
cluding a!! area being annexed into the district pursu-
ant to chapter 7b-243. Laws of Florida. but less those
area in tt, Big Cypress Basinr shall! bt formed into a
subdci.trict or basin of the South Florida Water Manage


ment District Such area shall be designated as the
Okeechobee Basin
(a) The governing board of the South Florida Water
Management District shall also serve as the governing
board of the Okeechobee Basin.
(b) The governing board of the South Florida Water
Management Distnct may change the boundaries of the
Okeechobee Basin or may subdivide the basin into
smaller basins to be governed by basin boards to be ap-
pointed by the Governor. subject to confirmation by the
Senate as provided in subsection (4). However, the ba-
sin may not be enlarged to include the area included
within the initial boundaries of the Big Cypress Basin
(c) The local effort required in connection with con-
struction, operation, and mainten.nre nf the coopera-
tive federal project referred to as the Central and South-
ern Florida Flood Contrdl Project, which remains after
the upper St Johns portion is transferred to the St
Jo ,,,s Rivr Water Management District, shall be funded
by tax levies on all taxable property within the Okeecho-
bee Basin. In the event the Okeechobee Basin is subdi-
vided into smaller basins, as authorized in paragraph
(b). the governing board shall ascertain the equitable
pro rata share for each smaller basin and charge back
such share so as to insure that the portion of the Central
and Southern Florida Flood Control Project remaining in
the South Florida Water Management District shall con-
tinue to be funded on an equal basis throughout the en-
tire Okeechobee Basin as initially described on Decem-
ber 31, 1976.
(11)(a) Basins existing within the Southwest Florida
Water Management District. as described in rule 40D-
0.061, Florida Administrative Code, may not be abol-
ished or combined without the approval of the Legisla
ture, except that the entire area lying to the East of the
Hillsborough County line and presently located within
the Hillsborough Basin is hereby annexed into the Peace
River Basin. Within the Southwest Florida Water Man-
agement District, the entire area lying to the East of the
Hillsborough County line and presently located within
the Alafia Basin is hereby annexed into the Peace River
Basin.
(b) Assets or liabilities of the basin located in those
areas transferred from the Hillsborough and Alatia Ba-
sins into the Peace River Basin pursuant to this section
including funds held in trust, shall be transferred to the
Peace River Basin.
History.-s 6 ch 73-190 s 3 ch 76-243. s 1. ch 77-382 s 1. ch 79-s5 sI
1. ch 82-46 s 1. ci 82-64 s 4. ch 84-341. s 1 ch 85-146. ss t 2E 2 c'
86-242
'ote.--Repealed effective Octobe 1, 1989. by 25. ch 88-242 an scheC.-t"
to' rev*e pursuant to s 11 6 1
'Note.-As amended by s 6 ch 86-242 efiectve Januar/ 1. 198,

373.0695 Duties of basin boards; authorized ex-
penditures.-[The repeal of this section by s. 1. ch. 82-
46, was nullified by s 25, ch. 88-242. Repealed effective
October 1, 1989, by s 25, ch. 88-242, and scheduled for
review pursuant to s 11.611.]
1373.073 Governing board.-
2(1)3(a) The governing board of each water manage-
ment district shall be composed of nine members who
shall reside within the district. The term of office of mem-
bers of the board shall be 4 years and shall be construed


s. 373.0693


/41-2 fl











a. 373.073 IOU SUPPLEMENT TO FLORIDA STATUTES 1967 373.075


to commence on March 2 preceding the date of appoint-
ment and to terminate March 1 of the year of the end of
a term Members of the governing boards continued un-
der this chapter shall be appointed from the district at
large as vacancies occur on the governing boards. Such
vacancies shall be filled according to the residency re-
quirements of paragraph (b).
(b) Notwithstanding the provisions of any other gen-
eral or special law to the contrary, vacancies in the gov-
erning boards of the water management districts shall
be filled according to the following residency require-
ments, representing areas designated by the U. S. Wa-
ter Resources Council in U. S. Geological Survey. River
Basin and Hydrological Unit Map of Florida-1975 Map
Series No 72:
1. Northwest Florida Water Management District:
a. One member shall reside in the area generally
designated as the 'Perdido River Basin-Perdido Bay
Coastal Area-Lower Conecuh River-Escambia River Ba-
sin" hydrologic units and that portion of the "Escambia
Bay Coastal Area" hydrologic unit which lies west of Pen-
sacola Bay and Escambia Bay.
b. One member shall reside in the area generally
designated as the "Blackwater River Basin-Yellow River
Basin-Choctawhatchee Bay Coastal Area" hydrologic
units and that portion of the "Escambia Bay Coastal
Area" hydrologic unit which lies east of Pensacola Bay
and Escambia Bay.
c. One member shall reside in the area generally
designated as the "Choctawhatchee River Basin-St. An-
drews Bay Coastal Area" hydrologic units.
d. One member shall reside in the area generally
designated as the "Lower Chattahoochee-Apalachicola
River-Chipola River Basin-Coastal Area between
Ochlockonee River Apalachicola Rivers-Apalachicola
Bay coastal area and offshore islands" hydrologic units.
e. One member shall reside in the area generally
designated as the "Ochlockonee River Basin-St. Marks
and Wakulla Rivers and coastal area between Aucilla
and Ochlockonee River Basin" hydrologic units.
f. Four members shall be appointed at large, ex-
cept that no county shall have more than two members
on the governing board.
2. Suwannee River Water Management District:
a. One member shall reside in the area generally
designated as the "Aucilla River Basin" hydrologic unit.
b. One member shall reside in the area generally
designated as the "Coastal Area between Suwannee
and Aucilla Rivers" hydrologic unit.
c. One member shall reside in the area generally
designated as the Withlacoochee River Basin-Alapaha
River Basin-Suwannee River Basin above the Withla-
coochee River" hydrologic units.
d. One member shall reside in the area generally
designated as the "Suwannee River Basin below the
Withlacoochee River excluding the Santa Fe River Ba-
sin' hydrologic unit.
e. One member shall reside in the area generally
designated as the Santa Fe Basin-Waccasassa River
and coastal area between Withlacoochee and Suwan-
nee River hydrologic units.


f. Four members shall be appointed at large, ex-
cept that no county shall have more than two members
on the governing board.
3. St. Johns River Water Management District:
a. One member shall reside in the area generally
designated as the "St. Mary River Basin-Coastal area
between St. Marys and St. Johns Rivers" hydrologic
units.
b. One member shall reside in the area generally
designated as the St. Johns River Basin below Ok-
lawaha River-Coastal area between the St. Johns River
and Ponce de Leon inlet" hydrologic units.
c. One member shall reside in the area generally
designated as the Ok!awaha River Basin" hydrologic
unit.
d. One member shall reside in the area generally
designated as the St. Johns River Basin above the Ok-
lawaha River" hydrologic unit.
e. One member shall reside, in the area generally
designated as the "Coastal area between Ponce de
Leon Inlet and Sebastian Inlet-Coastal area Sebastian
Inlet to St. Lucie River" hydrologic units.
f. Four members shall be appointed at large, ex-
cept that no county shall have more than two members
on the governing board.
4. South Florida Water Management District:
a. Two members shall reside in Dade County.
b. One member shall reside in Broward County.
c. One member shall reside in Palm Beach County.
d. One member shall reside in Collier County, Lee
County, Hendry County, or Charlotte County.
e. One member shall reside in Glades County,
Okeechobee County, Highlands County, Polk County,
Orange County, or Osceola County.
f. Two members, appointed at large, shall reside in
an area consisting of St. Lucie, Martin, Palm Beach,
Broward, Dade, and Monroe Counties.
g. One member, appointed at large, shall reside in
an area consisting of Collier, Lee, Charlotte, Hendry,
Glades, Osceola, Okeechobee, Polk, Highlands, and Or-
ange Counties.
h. No county shall have more than three members
on the governing board.
5. Southwest Florida Water Management District:
a. One member shall reside in the river basin gener-
ally designated as the Withlacoochee River.
b. One member shall reside in the area generally
comprised of the Hillsborough, Alafia, and Little Mana-
tee River basins.
c. One member shall reside in the river basin gener-
ally designated as the Peace River.
d. One member shall reside in the area generally
comprised of the Manatee and Myakka River basins.
e. One member shall reside in the watershed ba-
sins lying north of the Anclote River basin and west of
the Oklawaha River basin, excluding the Withlacoochee
River.
f. One member shall reside in the watershed ba-
sins lying south of the northern limits of the Anclote River
basin and west of the Hillsborough River basin, includ-
ing all of Pinellas County.
g. Three members shall be appointed at large, ex-
cept that no county shall have more than two members


681

/V.-


1918SPPEETTO FLORIOA STATUTES 1987


e. 373.073


--


s. 373.073














S. 373.073 10*0 CL D ~L UPMT Tn PS f7A 14111CCAIf 17 1I


on the governing board, and Pinellas County and Hills-
borough County shall each have two members.
(2) Members of the governing boards shall be ap-
pointed by the Governor, subject to confirmation by the
Senate at the next regular session of the Legislature,
and the refusal or failure of the Senate to confirm an ap-
pointment shall create a vacancy in the office to which
the appointment was made.
History.--' 13 pa'' h 72-299. s 11. ch 75-22 s 6 ch 76-243: I 1. ch.
77-72 s L3 ,_h fC 2 :- 226 ch 81-259. s 1.ch 82-46;. s. 1.7,25. ch 88-242.
'Note.--ReHpeaid eftec.l.e October 1 1989. by s 25. ch 88-242. and scheduled
fo: re..c-* pulsujdnl to s 1 611.
Nlote.--Sec:.o, 1. c-h 8-242 amended subsection (1). effective July 1. 990. As
amended b. s'. 7 cr 88-242. subsection (1) wig read
I1lia, Thc. Ocern-.; ooa'd of each water management district shal be com-
posea 3f rnin mermbcs nc shall reside wlthm the district, except that the South-
west Fin-o a Wate, '.'3agement District shall be composed of eleven members who
sha' res,,d wI.tht: thie 3,st ct The term o office of members of the board shal be
4 ~ear- and snal tLe i o.in!ed to commence on March 2 preceding the date of ap-
po.-rtr '" and !c !ert'nate March 1 of the year of the end of a term. Members of
the go. .e'n boar's continued under this chapter shall be appointed from the dii-
t:'* o' 3. g a~ ..ac3r.: i oc;er on tne govern.ng boards Such vacancies shall be
fl.fed accodrq to t!h esidency requirements of paragraph (b).
(bt Nol lhs:a-d,^ 'e provisions of any Other general or special lw to the on
Ira', vacancires o :r governing boards of the water management districts shl be
fiied acccrdlgQ to the !c' wing residency ereuirents, repentin ars deig-
nated b. the U S V.a:e- Resources Council in US Geological Survey, River B
as -lyor'ciogca '.in. '.'ap o' Florda-1975, Map Series No. 72:
1 Nor'hv.es" .ords Water Management District
a One member shall: reside i the area generally designated as the "Pddo
R..er Sas!n-Per dac ea Coastal Area-Lower Conecuh River-Escambia River Basin
hdroloQgc urtS an3 that portion of the *Escamba Bay Coastal Area' hydroogic unit
wvi.ch lhes west o: Pe-sacola Bay and Escamrbia Bay.
t One memrbe shai reside in the area generally designated as the "Blackwater
Rive- Basn-ve .Cw 0 s e Basin-Choctawhatchee Bay Coastal Area hydrologic units
a d that port,cr of the 'Escambia Bay Coastal Area' hydrologic unit which lies eat
ao! ensacola Ba, and Escar-oia Bay
c One me -be sna! reside in the area generally designated as the "Choc-
tar.haechee River 3ac,n-St Andrews Bay Coastal Area' hydrologic units.
d One member shaf reside in the area generally designated as the "Lower
Chat:ahoochez-Apalachccola River-Chipola River Basin-Coastal Area between
Ochlockolee R..e' Apalachicola Rivers-Apalachicola Bay coastal area and offshore
s-a-'cd hydroig unts
e One merneer shal reside in the area generally designated as the "Ochlock-
onee R ver Bas -St Marks and Wakulla Rivers and coastal area between Aucil
ad Ocnlo.kone(- R,'er Bas'n" hydrologic units.
I Four mertr e-s snal De appointed at large, except that no county shal have
more tha, t c mrentLers a,' the governing board.
2 Suwannee River W'ate' Management District
a One meh'be sha' reside in the area generally designated as the 'AucIa Riv-
er eas'." hyd,'lo;3;, un:'
b One memoDe sar' reside in the area generally designated as the "Coastal
A!ea between Suwa-'ee and Aucilla Rivers' hydrologic unit.
c Ore rnemnrI sara reside in the area generally designated as the "Withlaco-
c .- Rive Bas.:-Alaar n, Ri.er Basn-Suwannee River Basin above the Withlecoo
one. Ri.e'" ,y"'o:,o' : ur.ts
d ", nren',:.r s53' reside in tne area generally designa..d as Va. "'S. jnnesr
River Ba' bci.. !he A.,th3acoochee River excluding the Santa Fe River Basin" hy-
diolog.': ini
e Ore mrn:tort shall reside in the area generally designated as the "Sant Fe
Basn-Wa-cass'..j River and coastal area between Withiacoochee and Suwannee
Rver' hydroiOl. :,.'ls
I ~oui metelrbs sna. be appointed at large, except that no county Oar have
nJite than two nri-mbeL on the governing board
3 St Johns Rive Vwate' Management District
a One memti.: shea, resde in the area generally designate as the eSt. Mlay
HRie Basin- Coa-,;a: a, a between St Marys and St Johns River hydrologic unit
h (nr. met' ie' s,.! reside in the area generally designated as the "'S. John
Ri.,:, Basin re1i-lo tli.daha River-Coastal area between the St Johns River nd
Poncre 1 Leon irl.-lr lvyloiog-c units
c I ne rnnle, c" ,h;-' reside in the area generally designated as the "Oklawlhe
R,.e- Ba-.ir' hytAr., i:. unit
d (ni, merrnt.. ha!l reside in the area generally designated as the *St. Johns
Ri..c FPai: atx,.. :ni uitawaha River' hydrologic unit.
e (ii. nirirli: ldi;; reside in the area generally designated as the "Coestal
aice tite.n rPonc di Leon inlet and Sebastian tnlet-Coestal area Seba tln
to l lt.cr. nfli-' hydrologic units
f uur member s shall be appointed at large, except that no county shal hae
more tlhar Iwo meliolsi on the governing board
4 Sculh I kLri., Wale' Management District
a Iwo menim hcr hall reside in Deae County
b Oi(. iirnlt, shal' reside in Broward County
C One menil'i,. shl' reside in Palm Beach County
d lOir m,,ri shi reside n Coller County. Lee County. Hendry County, or
Chwlo'll. (' .,llll,
ce i ircnt ..i' reside in Glades County. Okeechobee County. Highlands
Cr,,,, i'i.. '.:'iI.i, 'd,.iyge County. or Osceola County
I 1 .n n :i.ti arpiisrted at large shall reside in an area consisting of St. Lu-
i,. u..! ,l'.', ti,.1 0. Rr-ward Dade and Monroe Counties


g One member appointed at large, sha reside in an area cons.sling of Collier
Lee. Charlotte, Hendry. Glades Osceola, Okeechobee. Polk, Highlands ard Orange
Counties
h No county hall have more than three members on the governing board
5. Southwest Florida Water Management District
a. Two members sha reside in Hillsborough County.
b One member shall reside in the area consisting of Hllsborough and Pinellas
counties
c Two members shall reside in Pnellas County
d One member shall reside in Sarasota County
e. One member sha reside in Polk County
1. One member shall reside n Pasco County
g One member shll be appointed at large from Levy Marion, Citrus Sumter.
Hmenndo. and Lake Counties
h. One member shall be appointed at large from Manatee, Hardee. DeSoto.
Charlotte end Highlands Counties.
SOne member shall be appointed at large from Levy. Marion. Citrus. Sumter.
Heando. Lake. Manatee, Hardee, DeSote, Charlotte. and Highlands Counties
No county described in sub-subparagraphs g. h. or I shall have more than one
member on the governing board
*'e.-As amended by s 7. ch. 88-242. effective January 1 1989

1373.0735 Southwest Florida Water Management
District; governing board.-Notwithstanding the condi-
tions of their original appointments, the terms of all
members of the governing board of the Southwest Flori-
da Water Management District shall expire on June 30,
1990. The Governor, in accordance with s. 373 073, as
amended, shall, by July 1, 1990, appoint eleven mem-
bers to the governing board of the Southwest Florida
Water Management District. Three of said eleven new
members shall have 4-year terms; three shall have 3-
year terms; three shall have 2-year terms; and two shall
have 1-year terms. The members at their first official
meeting shall draw lots to determine which of said mem-
bers will have the various length terms. Thereafter, the
terms of the board members shall be 4 years and shall
be staggered.
Nltory.-s. 2. ch 88-242
'Nooe.-Effective January 1, 1990

373.076 Vacancies in the governing board; removal
from office.-[The repeal of this section by s. 1. ch. 82-
46, was nullified by s. 25, ch. 88-242. Repealed effective
October 1, 1989, by s. 25, ch. 88-242, and scheduled for
review pursuant to s. 11.611.]

373.079 Members of governing board; oath of of-
fice; staff.-[The repeal of this section by s. 1, ch. 82-
46, was nullified by s. 25, ch. 88-242. Repealed effective
October 1, 1989, by s. 25, ch. 88-242, and scheduled for
review pursuant to s. 11.611.]

373.083 General powers and duties of the govern-
ing board.-[The repeal of this section by s. 1, ch. 82-
46, was nullified by s. 25. ch. 88-242. Repealed effective
October 1, 1989, by s. 25, ch. 88-242, and scheduled for
review pursuant to s. 11.611.]

373.084 District works, operation by other govern-
mental agencies.-[The repeal of this section by s. 1,
ch. 82-46. was nullified by s. 25, ch 88-242. Repealed
effective October 1, 1989, by s. 25, ch. 88-242, and
scheduled for review pursuant to s 11.611.]

373.085 Use of works or land by other districts or
private persons.-[The repeal of this section by s. 1, ch.
82-46, was nullified by s. 25, ch. 88-242 Repealed ef-
fective October 1, 1989, by s 25, ch 88-242, and sched-
uled for review pursuant to s. 11.611.]


/41 26


s. 373.073


,tufts cippoi nuou n ca nninA OTATrrWO 4027


-* 17 Ae














373.086 Providing for district works.-[The repeal
of this section by s. 1, ch. 82-46, was nullified by s 25,
ch. 88-242. Repealed effective October 1, 1989, by s.
25, ch 88-242, and scheduled for review pursuant to s.
11.611.]

373.087 District works using aquifer for storage
and supply.-[The repeal of this section by s. 1, ch. 82-
46, was nullified by s. 25, ch. 88-242. Repealed effective
October 1, 1989, by s. 25, ch. 88-242, and scheduled for
review pursuant to s. 11.611.]

373.089 Sale of lands.-[The repeal of this section
by s. 1, ch. 82-46, was nullified by s. 25, ch. 88-242. Re-
pealed effective October 1, 1989. by s. 25, ch 88-242,
and scheduled for review pursuant to s. 11.611.]

373.093 Lease of lands or interest in land.-[The
repeal of this section by s. 1, ch. 82-46, was nullified by,
s. 25 ch 88-242. Repealed effective October 1, 1989,
by s 25. ch. 88-242, and scheduled for review pursuant
to s. 11.611.]

373.096 Releases.-[The repeal of this section by
s. 1, ch. 82-46, was nullified by s. 25, ch. 88-242. Re-
pealed effective October 1, 1989, by s. 25, ch. 88-242,
and scheduled for review pursuant to s. 11.611.]

373.099 Execution of instruments.-[The repeal of
this section by s. 1, ch. 82-46, was nullified by s. 25, ch.
88-242. Repealed effective October 1, 1989, by s. 25,
ch. 88-242, and scheduled for review pursuant to s.
11.611.]

1373.103 Powers which may be vested in the gov-
erning board at the department's discretion.-In addi-
tion to the other powers and duties allowed it by law, the
governing board of a water management district may be
specifically authorized by the department to:
(1) Administer and enforce all provisions of this
chapter, including the permit systems established in
parts II, III, and IV of this chapter.
(2) Cooperate with the United States in the manner
provided by Congress for flood control, reclamation,
conservation, and allied purposes in protecting the in-
habitants, the land, and other property within the district
from the effects of a surplus or a deficiency of water
when the same may be beneficial to the public health,
welfare, safety, and utility.
(3) Plan, construct, operate, and maintain works of
the district as defined in this chapter.
(4) Determine, establish, and control the level of wa-
ters to be maintained in all canals, lakes, rivers, chan-
nels, reservoirs, streams, or other bodies of water con-
trolled by the district; to maintain such waters at the lev-
els so determined and established by means of dams,
locks, floodgates, dikes, and other structures; and to
regulate the discharge into, or withdrawal from, the ca-
nals, lakes, rivers, channels, reservoirs, streams, or oth-
er bodies of water controlled by the district or which are
a work of the district, including review of small water-
shed projects (Pub. L. No. 83-566).
(5) Expend, at the discretion of the governing board,
for purposes of promotion, advertisement, and improve-


S. 373.086


1988 SUPPLEMENT TO FL


.ORIDA STATUTES 1987 s. 373.103

ment of the program and objectives of the district, a
yearly sum not to exceed 0 25 percent of the moneys
collected by taxation within the district.
(6) Exercise such additional power and authority
compatible with this chapter and other statutes and fed-
eral laws affecting the district as may be necessary to
perform such duties and acts and to decide such mat-
ters and dispose of the same as are not specifically de-
fined in or covered by statute.
(7) Prepare, in cooperation with the department,
that part of the state water use plan applicable to the
district.
(8) Delegate to a local government by rule or agree-
ment the power and duty to administer any of the stat-
utes, rules, or regulations relating to stormwater permit-
ting or surface water management which the district is
authorized or required to administer, including those
delegated by a state agency to the district, if the govern-
ing board determines that such a delegation is neces-
sary or desirable. Such a delegation shall be made only
if the governing board determines that the local govern-
ment's program for administering the delegated statute.
rule, or regulation:
(a) Provides by ordinance, regulation, or local law for
requirements compatible with or stricter or more exten-
sive than those imposed by the statute or the rules and
regulations adopted pursuant thereto;
(b) Provides for the enforcement of such require-
ments by appropriate administrative and judicial pro-
cesses; and
(c) Provides for administrative organization, staff,
and financial and other resources necessary to effec-
tively and efficiently enforce such requirements
The governing board shall give prior notice of its inten-
tion to enter into an agreement described in this subsec-
tion. At a minimum, such notice shall be published in the
Florida Administrative Weekly at least 21 days in ad-
vance of the governing board's action. At least once ev-
ery six months. the district shall update its rules to in-
clude a list of the agreements adopted pursuant to this
subsection to which the district is a party The list shall
identify the parties to, and the date and location of each
agreement, and shall specify the nature of the authority
delegated by the agreement.
f -l i.-s 17 cart I. ch 72-299, s 7, ch 73-190 s 2 ch 8C-259 s 1 cn
82-46 us 3. 25, c 88-242.
'Note.-Repealed etfectve October 1. 1989. oy s 25 ch 88-242 ar. scheduled
for review puruant to s 11611

PART III

REGULATION OF WELLS

373.302 Legislative findings.
373.303 Definitions.
373.308 Implementation of programs for regulating
water wells.
373.309 Authority to adopt rules, regulations, and pro-
cedures.
373.323 Licensure of water well contractors; applica-
tion, qualifications, and examinations;
equipment identification.
373 324 License renewal.












.3. ..3........*.. ... .' ., T.S. J3J.3JU


373 325
373 326
373.329
373.333

373.335
373 336
373 337
373.339
373342


Inactive status.
Exemptions.
Fees for licensure.
Disciplinary guidelines; adoption and enforce-
ment; license suspension or revocation.
Clearinghouse.
Unlawful acts; penalties.
Rules.
Existing regulations preserved
Permits.


373.302 Legislative findings.-The Legislature rec-
ognizes that the practice of constructing, repairing, and
abandoning water wells, if conducted by incompetent
contractors, is potentially threatening to the health of
the public and to the environment. The Legislature finds
that a threat to the public and the environment exists if
water resources become contaminated as a result of
wells drilled by incompetent or dishonest contractors,
and that to prevent contamination, it is necessary to reg-
ulate the construction, repair, and abandonment of
wells, and the persons and businesses responsible
therefore.
Hiltory.-s 9 ch 88-242.

1373.303 Definitions.-As used in this part, the term:
(1) "Abandoned water well" means a well the use of
which has been permanently discontinued. Any well
shall be deemed abandoned which is in such a state of
disrepair, as determined by a representative of the de-
partment, that continued use for the purpose of obtain-
ing ground water or disposing of water or liquid wastes
is impracticable.
(2) "Construction of water wells" means all parts nec-
essary to obtain ground water by wells, including the lo-
cation and excavation of the well, but excluding the in-
stallation of pumps and pumping equipment.
(3) "Department" means the Department of Environ-
mental Regulation.
(4) "Political subdivision" means a city, town, county,
district, or other public body created by or pursuant to
state law, or any combination thereof acting coopera-
tively or jointly.
(5)' "Repair" means any action which involves the
physical alteration or replacement of any part of a well,
but does not include the alteration or replacement of any
portion of a well which is above ground surface
(6) "Water well contractor" means a person who is re-
sponsible for the construction, repair, or abandonment
of a water well and who is licensed under this part to en-
gage in the business of construction, repair, or abandon-
ment of water wells.
(7) "Well" means any excavation that is drilled,
cored, bored, washed, driven, dug, jetted, or otherwise
constructed when the intended use of such excavation
is for the location, acquisition, development, or artificial
recharge of ground water, but such term does not in-
clude any well for the purpose of obtaining or prospect-
ing for oil, natural gas, minerals, or products of mining
or quarrying. for inserting media to dispose of oil brines
or to repressure oil-bearing or natural gas-bearing for-
mation: for storing petroleum, natural gas, or other prod-

6


ucts, or for temporary dewatenng of subsurface forma-
tions for mining, quarrying, or construction purposes
(8) "Well seal" means an approved arrangement or
device to prevent contaminants from entering the well
at the upper terminal
MNitoy.-s part I .ch 72-299 s 228 ch 81-25z ss 7. 7'5 h 83-3' s
10. 24. Cn 86-242
'Note.--Repea~e effe:tve October 1, 1998, b, s 24 c, 86-242 ana sr:.eai,
for review. pursuant to S 1161

373.308 Implementation of programs for regulating
water wells.-
(1) The department shall authorize the governing
board of a water management district to implement a
program for the issuance of permits for the location, con-
struction, repair, and abandonment of water wells
(2) The department shall authorize the governing
board of a water management district to exercise any
power authorized to be exercised by the department un-
der ss 373.309, 373.313, 373 316, 373 319, 373.323.
373.329. and 373.333 and shall encourage the district to
fully exercise such powers as soon as practicable
(3) Delegations pursuant to subsections (1) and (2)
and ss. 373.323 and 373 333 may be rescinded only if
the secretary determines that such delegations are not
being carried out in accordance with the rules of the de-
partment.
(4) Notwithstanding the provision in this section for
delegation of authority to a water management district.
the department may prescribe minimum standards for
the location, construction, repair, and abandonment of
water wells throughout all or parts of the state as may
be determined by the department
Histoy.-s 2 ch 79-160. s. 76 ch 83-310. s t c- 86-24?

373.309 Authority to adopt rules, regulations, and
procedures.-The department shall adopt, and may
from time to time amend, rules and regulations govern-
ing the location, construction, repair, and abandonment
of water wells and shall be responsible for the adminis-
tration of this part. With respect thereto the department
shall:
(1) Enforce the provisions of this part and any rules
and regulations adopted pursuant thereto.
(2) Delegate, by interagency agreement adopted
pursuant to s 373.046, to water management districts
the Department of Health and Rehabilitative Services, or
any other political subdivision any of its authority under
this part in the administration of the rules and regular
tions adopted hereunder under such terms and condi.
tions as may be agreed upon, and may rescind such del
egation upon a determination that the program is not be-
ing adequately administered.
(3) Establish procedures and forms for the submis-
sion, review, approval, and rejection of applications, no-
tifications, and reports required under this part
(4) Require at its discretion the making and filing of
logs, and the saving of cuttings and cores, which shali
be delivered to the department.
(5) To encourage prevention of potable water well
contamination and promote cost-effective remediation
of contaminated potable water supplies by use of thrl
Water Quality Assurance Trust Fund as provided in s


8 891 SUPPLEMENT TO F 7


s. 373.302


~rr rrr











e~ 271.309 1988 SUPPLEMENT TO FLORIDA STATUTES 1987 5. 373.323


376.307(4)(b)3 and (c), the department shall establish
by rule:
(a) Delineation of areas of groundwater contamina-
tion for implementation of well location and construction,
testing, and permitting requirements as set forth in para-
graphs (b). (c), and (d). The department shall make avail-
able to water management districts, regional planning
councils, the Department of Health and Rehabilitative
Services, and county building and zoning departments,
maps or other information on areas of contamination, in-
cluding ethylene dibromide contamination. Such maps.
or other information shall be made available to property
owners, realtors, real estate associations, property ap-
praisers, and other interested persons upon request and
upon payment of appropriate costs.
(b) Requirements for testing for suspected contami-
nation in areas of known contamination, as a prerequi-
site for use of a water well for drinking purposes.
(c) Location and construction standards for public
and all other potable water wells permitted in areas of
contamination. Such standards shall be designed to
minimize the effects of such contamination.
(d) A procedure for permitting all potable water wells
in areas of known contamination. The department shall
delegate this permitting responsibility to the greatest
extent possible to water management districts, the De-
partment of Health and Rehabilitative Services, or other
political subdivisions. If contaminants are found upon
testing pursuant to paragraph (b), no well shall be per-
mitted or cleared for use nor shall a certificate of occu-
pancy be issued or approved for the residences to be
served without a filter or other means of preventing the
users of such wells from being exposed to deleterious
amounts of contaminants.
(e) Fees to be paid for application for well permits.
The fees shall be based on the actual costs incurred by
the water management districts, the Department of
Health and Rehabilitative Services, or other political sub-
divisions in carrying out the responsibilities related to
potable water well permitting and shall be based on de-
partment estimates or estimates provided by the dele-
gated entities of the revenue required to implement this
part. The fees shall be set according to the following
schedule:
1. The permit fee for any single-family residence
shall not exceed $100.
2. The permit fee for any community, noncommuni-
ty, or other public system shall not exceed $500.
All fees and funds collected by each delegated entity
pursuant to this part shall be deposited in the appropri-
ate operating account of that entity.
(f) Notwithstanding ss. 373.219 and 373 326 or any
other provision of this chapter or any rule adopted pur-
suant to this chapter, in any area identified by depart-
ment rule pursuant to paragraph (a) as an area of
groundwater contamination, the department may by
rule require a permit to construct or use any well which
is or may be used as a source of drinking water.
Rules adopted pursuant to subsection (5) shall specifi-
cally provide for uniformity in permitting of potable water


wells in areas of groundwater contamination and shall
be adopted by each delegated party.
(6) Issue such additional regulations and take such
other actions as may be necessary to carry out the provi-
sions of this part.
Histoey.-s 3. pat M. ch. 72-299; s. 229. ch 81-2 5. ch. 8-393.
1373.323 Ucensure of water well contractors; appli-
cation, qualifications, and examinations; equipment
identification.-
(1) Every person who wishes to engage in business
as a water well contractor shall obtain from the water
management district a license to conduct such busi-
ness.
(2) Each person desiring to be licensed as a water
well contractor shall apply to take the licensure examina-
tion Application shall be made to the water manage-
ment district in which the applicant resides or in which
his principal place of business is located. A resident of
another state shall apply to the water management dis-
trict in which most of the business of the applicant will
take place. Application shall be made on forms provided
by the water management district.
(3) An applicant who meets the following require-
ments shall be entitled to take the licensure examination
to practice water well contracting:
(a) Is at least 18 years of age.
(b) Has at least 2 years of experience in construct-
ing, repairing, or abandoning wells.
(c) Has completed the application form and remitted
a nonrefundable application fee.
(4)The department shall prepare an examination
which shall test an applicant's knowledge of rules and
regulations adopted under this part; ability to construct,
repair, and abandon a well; and ability to supervise, di-
rect, manage, and control the contracting activities of a
water well contracting business. The department shall
provide each water management district and represent-
atives of the water well contracting industry with mean-
ingful opportunity to participate in the development of
the examination.
(5) The water management district shall issue a wa-
ter well contracting license to any applicant who re-
ceives a passing grade on the examination, has paid the
initial application fee, and has complied with the require-
ments of this section. A passing grade on the examina-
tion shall be as established by the department by rule.
A license issued by any water management district shall
be valid in every water management district in the state.
(6) An employee of a political subdivision or of a gov-
ernmental entity engaged in water well drilling shall be
licensed pursuant to this part but shall be exempt from
paying fees required pursuant to this part.
(7) When a water management district has probable
cause to believe that any person not licensed as a water
well contractor has violated any provision of this part or
any statute that relates to the construction, repair, or
abandonment of water wells, or any rule adopted pursu-
ant thereto, the water management district may issue
and deliver to such person a notice to cease and desist
from such violation. In addition, the water management
district may issue and deliver a notice to cease and de-
sist to any person who aids and abets the unlicensed


s. 373.323


a 3 0


s 373309


1988 SUPPLEMENT TO FLORIDA STATUTES 1987












5. 373.323 1968 SUPPLEMENT TO FLORIDA STATUTES 1987 a


construction, repair, or abandonment of a water well by
employing an unlicensed person For the purpose of en-
forcing a cease and desist order, a water management
district may file a proceeding in the name of the state
seeking issuance of an injunction or a writ of mandamus
against any person who violates any provision of such
order
(8) The department shall adopt rules which specifi-
cally provide for uniformity among all water manage-
ment districts for the application process and qualifica-
tions for licensure, providing each water management
district and representatives of the water well contracting
industry with meaningful opportunity to participate in
the development of the rules as they are drafted. The
rules shall be adopted by each water management dis-
trict
(9) Each piece of drilling equipment owned, leased,
or operated by a water well contractor shall have the wa-
ter we! contractor's license number prominently dis-
played thereon.
History.-s 7 opat 1 on 72-299 s 114. ch 77-104. s 14, ch 78-95: 77. ch
83-3C. s 8 :r 84-94 ss 12 23. 2. cr. 88-242
MNote.-Repea'ed ceecltve October 1 1996 b) s 24 ch. 86-242. and is ached
uea ft', e.-e- pJ'suant tc s 11.61

1373.324 License renewal.-
(1) A water well contractor shall submit an applica-
tion for renewal of a license to the water management
district which issued the license.
(2) The water management district shall renew a li-
cense upon receipt of the renewal application and re-
newai fee
(3) The department shall adopt rules establishing a
procedure for the biennial renewal of licenses, which
shall be adopted by each water management district.
(4) A license which is not renewed at the end of the
biennium prescribed by the department shall automati-
cally revert to inactive status Such license may be reac-
tivated only if the licensee meets the qualifications for
reactivation in s. 373.325.
(5) At least 60 days prior to the automatic reversion
of a license to inactive status, the water management
district shall mail a notice of such reversion to the last
known address of the licensee.
History.-ts 13 24. ch 88-242
'Not.--Exp,-es October 1998. pursuant to s 24 ch 88-242. and s scheduled
to: re p sj'sJani to e 11.6'

1373.325 Inactive status.-A license which has be-
come inactive pursuant to s. 373.324 may be renewed
or reactivated upon application to the water manage-
ment district, as follows:
(1) A license which has been inactive for 1 year or
less after the end of the biennium prescribed by the de-
partment may be renewed pursuant to s. 373.324 upon
application to the water management district and upon
payment of the renewal and penalty fees as provided in
s. 373 329. Such renewed license shall expire 2 years af-
ter the date the license automatically reverted to inac-
tive status.
(2) A license which has been inactive for more than
1 year may be reactivated upon application to the water
management district for licensure pursuant to the re-
quirements of s 373 323.
Hltory.-as 14 24, ch 8B 242


Note.-Elxpres October 1. 1998, pursuant to 24. ch. 60-242. and i scheduled
to. reCeV pursuant o S 11 61

1373.326 Exemptions.-
(1) When the water management district finds that
compliance with all requirements of this part would re-
suit in undue hardship, an exemption from any one or
more such requirements may be granted by the water
management district to the extent necessary to amelio-
rate such undue hardship and to the extent such exemp-
tion can be granted without impairing the intent and pur-
pose of this part.
(2) Nothing in this part shall prevent a person who
has not obtained a license pursuant to s. 373.323 from
constructing a well that is 2 inches or under in diameter,
on his own or leased property, intended for use only in
a single family house which is his residence, or intended
for use only for farming purposes on his farm, and when
the waters to be produced are not intended for use by
the public or any residence other than his own, provided
that such person complies with all local and state rules
and regulations relating to the construction of water
wells.
Hittoy.-s 6 prt I,, ch. 72-299, s. 1, ch 84-94, 15, 23, 24, ch 88-242
Note.-Repealed effective October 1,1908. by a. 24. ch 86-242. and scheduled
for reve* pursuant to a 11.61.

1373.329 Fees for icenure.-The department by
rule shall establish fees to be paid for application for li-
censure, application for license renewal, and the penalty
fee for renewal of a license which has been inactive for
1 year or less. The fees shall be based on the actual
costs incurred by the water management districts in car-
rying out the responsibilities related to licensure of water
well contractors as derived from estimates provided by
the water management districts of the revenue required
to implement this part, but shall not exceed the following
amounts:
(1) Application for initial licensure, $150.
(2) Biennial license renewal, $50.
(3) Penalty for renewal of a license which has been
inactive for 1 year or less, $75.
All fees and other moneys collected by a water manage-
ment district pursuant to this part shall be deposited in
the general operating fund of the water management
district.
HIltoy.-s 9, pert Ii ch 72-299, e. 16, ch. 73-190. a. 1. ch 4-94. as 16 23.
24. cr 86-242
mote.-Repeaed effective October 1.196. by e 24. ch. 08242, and schedule
for rew e* pursuant to a 11.61.

1373.333 Disciplinary guidelines; adoption and en-
forcement; license M pension or revocation.-
(1) The department shall adopt by rule disciplinary
guidelines applicable to each specific ground for disci-
plinary action which may be imposed by the water man-
agement districts, providing each water management
district and representatives of the water well contracting
industry with meaningful opportunity to participate in
the development of the disciplinary guideline rules as
they are drafted. The disciplinary guidelines shall be
adopted by each water management district. The guide-
line rules shall be consistently applied by the water man-
agement districts and shall:


e 373333


ff


. "


a. 373.323


1988 SUPPLEMENT TO FLORIDA STATUTES 1987











1988 SUPPLEMENT TO FLORIDA STATUTES 1987


(a) Specify a meaningful range of designated penal-
ties based upon the severity and repetition of specific
offenses.
(b) Distinguish minor violations from those which en-
danger public health, safety, and welfare or contaminate
the water resources.
(c) Inform the public of likely penalties which may be
imposed for proscribed conduct.
A specific finding of mitigating or aggravating circum-
stances shall allow a water management district to im-
pose a penalty other than that provided rn the guide-
lines. Disciplinary action may be taken by any water
management district, regardless of A.here the contrac-
tor's license was issued
(2) Whenever the water management district has
reasonable grounds for believing that there has been a
violation of this part or any rule or regulation adopted
pursuant hereto, it shall give written notice to the person
alleged to be in violation. Such notice shall identify the
provision of this part or regulation issued hereunder al-
leged to be violated and the facts alleged to constitute
such violation.
(3) Such notice shall be served in the manner re-
quired by law for the service of process upon a person
in a civil action or by registered United States mail to the
last known address of the person The water manage-
ment district shall send copies of such notice only to
persons who have specifically requested such notice or
to entities with which the water management district has
formally agreed to provide such notice Notice alleging
a violation of a rule setting minimum standards for the
location, construction, repair, or abandonment of wells
shall be accompanied by an order of the water manage-
ment district requiring remedial action which, if taken
within the time specified in such order, will effect compli-
ance with the requirements of this part and regulations
issued hereunder. Such order shall become final unless
a request for hearing as provided in chapter 120 is made
within 30 days from the date of service of such order.
Upon compliance, notice shall be served by the water
management t district in a timely manner upon each per-
son and entity who received notice of a violaticn, stating
that compliance with the order has been achieved
(4) The following acts constitute grounds for which
disciplinary actions specified in subsection (5) may be
taken by a water management district:
(a) Attempting to obtain, obtaining, or renewing a li-
cense under this part by brjbery or fraudulent misrepre-
sentation.
(b) Being convicted or found guilty, regardless of ad-
judication, of fraud or deceit; or of gross negligence, in-
competency, or misconduct in the performance of work;
or of a crime in any jurisdiction which directly relates to
the practice of water well contracting or the ability to
practice water well contracting A plea of nolo con-
tendere shall create a presumption of guilt to the under-
lying criminal charges, and the water management dis-
trict shall allow the person being disciplined to present
any evidence relevant to the underlying charges and the
circumstances surrounding his plea.
(c) Allowing any other person to use the license.
(d) Violating or refusing to comply with any provision


of this part or a rule adopted by the department or water
management district, or any order of the water manage-
ment district previously entered in a disciplinary hearing.
(e) Constructing, repairing, or abandoning a water
well without first obtaining all applicable permits.
(f) Having had administrative or disciplnary action
relating to water well construction, repair, or abandon-
ment taken by any municipality or county or by any state
agency, which action shall be reviewed by the water
management district before the water management dis-
trict takes any disciplinary action of its own
(g) Practicing with a revoked, suspended, or iac-
tive license.
(5) When the water management district finds a per-
son guilty of any of the grounds set forth in subsection
(4), it may enter an order imposing one or more of the
following disciplinary actions:
(a) Denial of an application for licensure or for renew-
al of a license.
(b) Revocation or suspension of a license
(c) Imposition of an administrative fine not to exceed
$1,000 for each count or separate offense
(d) Placement of the water well contractor on proba-
tion for a period of time subject to such conditions as the
water management district may specify.
(e) Restriction of the licensee's authorized scope of
practice.
(6) When disciplinary action is taken against a con-
tractor which results in suspension or revocation of the
contractor's license, a water management district shall
notify each water management district of such action.
(7) The water management district shall reissue the
license of a contractor whose license has been sus-
pended or revoked upon determination by the water
management district that the disciplined person has
complied with all of the terms and conditions set forth
in the final order.
HMty.-s 10. part III, ch 72-299. s 78, h 83-310, s 1. ch 54-94 s 3. cn.
84-338. s 2 cm. 84-341 ss 17. 23 24. ch 88-242
Noe.w-Repeaed effective October 1. 1996. by s. 24. ch 88-242 a-Z schedUled
for review pursuant o s. 1161.

1373.335 Clearinghouse.-The department. in con-
junction with the water management districts shall es-
tablish a statewide clearinghouse which will allow each
water management district to access information re-
garding water well contractor licensees and their license
numbers, any violation by any such licensee, and any
disciplinary action taken by a water management dis-
trict.
Matorl.-ss '8. 24. ch 88-242
'Note.-Ep.res October 1. 1998 pursuant to s 24. ch 88-242 a-ic s scheduled
for review pursuant to s 1 1 .

1373.336 Unlawful acts; penalties.-
(1) It is unlawful for any person to:
(a) Practice water well contracting without an active
license issued pursuant to this part.
(b) Construct, repair, or abandon a water well, or op-
erate drilling equipment for such purpose, unless em-
ployed by or under the supervision of a licensed water
well contractor or exempt under s. 373 326.
(c) Give false or forged evidence to obtain a license
(d) Present as his own the license of another.


"14-3/


~_ __


a.3713.333


s. 373.336












198S SUPPLEMENT TO FLORIDA STATUTES 1987


(e) Use or attempt to use a license to practice water
well contracting which license has been suspended, re-
voked, or placed on inactive status.
(1) Engage in willful or repeated violation of this part
or of any department rule or regulation or water manage-
ment district or state agency rule or regulation relating
to water wells which endangers the public health, safe-
ty, and welfare
(2) It is unlawful for a business entity to engage in
water well contracting or to perform any activity for
which a license as a water well contractor is required un-
less a licensed water well contractor is responsible for
supervising such activity of the business entity.
(3) Any person who violates any provision of this
part or regulation or order issued hereunder shall, upon
conviction, be guilty of a misdemeanor of the second de-
gree, punishable as provided in s. 775.082. s. 775.083,
or 2s. 775.084 Continuing violation after an order or con-
viction shall constitute a separate violation for each day
so continued
History.-s 11. pal II c 72-299 s 17,ch. 73-190,s 1.cn 84-94 s: 19 23.
24 c& 88-242
'INot.-Repealeo effe:tve C:tobe 1. 1996, by s 24, ch 88-242 and schedule
lotr eve pursuan! to s 1, 61
*Note.-Secltorn 775 36: was amended by s 6 h. 8-131. deletng al' reference
to misdemeano's

'373.337 Rules.-The department shall, by July 1,
1989, adopt rules to implement the provisions of this
part. providing each water management district and rep-
resentatives of the water well contracting industry with
meaningful opportunity to participate in the develop-
ment of the rules as they are drafted. The rules shall be
adopted by each water management district.
History.-ss 20 24 c-" 86-242
'Note.-Expres Ocloce 1 199E pursuant to s 24, ch 88-242. and is scheduled
to, review pursuant to s 11 61

373.339 Existing regulations preserved.-[Re-
pealed by s. 22. ch. 88-242.]

373.342 Permits.-
(1) The governing board of any water management
district which, pursuant to the authority delegated to it
by the department under s. 373.308 or s. 373.309(2),
regulates water wells may in its discretion authorize its
executive director to issue permits for the construction,
repair, or modification of any water well.
(2) In granting authority.to its executive director un-
der subsection (1) the governing board shall prescribe
those certain circumstances in which such a permit may
be issued.
History.-s 3. ch 79-16& s 1. ch 84-94 as 21.23. ch 8 -242

PART IV

MANAGEMENT AND STORAGE
OF SURFACE WATERS

373 415 Protection zones; duties of the St Johns River
Water Management District.

373.415 Protection zones; duties of the St. Johns
River Water Management District.-
(1) Not later than November 1, 1988, the St. Johns
River Water Management District shall adopt rules es


tablishing protection zones adjacent to the water-
courses in the Wekiva Rier System, as designated in
s. 369 303(10) Such protection zones shall be sufficient-
ly wide to prevent harm to the-Wekiva River System in-
cluding water quality water quantity. hydrology wet-
lands, and aquatic and wetland-dependent wildlife spe-
cies. caused by any of the activities regulated under this
part. Factors on which the widths of the protection
zones shall be based shall include, but not be limited to
(a) The biological significance of the wetlands and
uplands adjacent to the designated watercourses in the
Wekiva River System, including the nesting. feeding,
breeding and resting neeos of aquatic species and wet-
land-dependent wildlife species.
(b' The sensitivity of these species to disturbance.
including the short-term and long-term adapiab;hty to
disturbance of the more sens'iive species both migrato-
ry and resident
(c) The susceptibility of these lands to erosion, in-
cluding the slope, soils runoff characteristics, and vege-
tative cover
In addition, the ruies may establish permitting thresh-
olds. permitting exemptions. or general permits, if such
thresholds exemptions. or general permits do not allow
significant adverse impacts to the Wekiva River System
to occur individually or cumulatively.
(2) Notwithstanding the provisions of s 120 60. the
St Johns River Water Management District shall not is-
sue any permit under this part within the Wekiva River
Protection Area as defined in s. 369.303(9), until the ap-
propriate local government has provided written notifi-
cation to the district that the proposed activity is
consistent with the local comprehensive plan and is in
compliance with any land development regulation in ef-
fect in the area where the development will take place.
The district may. however, inform any property owner
who makes a request for such information as to the loca-
tion of the protection zone or zones or, his property
However if a development proposal is amended as the
result of the review by the district a permit may be is-
sued prior tc the development proposal being returned,
if necessary. to the local government for additional re-
view
(3) Not later than March 1. 1991. the St Johns River
Water Management District shall develop a groundwater
basin resource availabilit, inventory as provided in s.
373.0395 for the Weki'a River Protection Area and shall
establish minimum flows and minimum water levels for
surface watercourses in the Wekiva River System and
minimum water levels for the groundwater in the aquifer
underlying the Wekiva Basin as depicted on the map en-
titled "Wekiva Basin, 40C-41 which is on file at the of-
fices of the St. Johns River Water Management District.
(4) Nothing in this section shall affect the authority
of the water management districts created by this chap-
ter to adopt similar protection zones for other water-
courses
(5) Nothing in this section shall affect the authority
of the water management districts created by this chap-
ter to decline to issue permits for development which
have not been determined to be consistent with local
comprehensive plans or in compliance with land devel-
588


/1, 3g


S. 373.336


s. 373.415








.. 373.415 _1988 SUPPLEMENT TO FLORIDA STATUTES 1987 s. 37t.30

opment regulations in areas outside the Wekiva River
Protection Area.
(6) Nothing in this section shall affect the authority
of counties or municipalities to establish setbacks from
any surface waters or watercourses
(7) The provisions of s. 373.617 are applicable to fi-
nal actions of the St. Johns River Water Management
District with respect to a permit or permits issued pursu-
ant to this section.
History.-s 2 ch 88-121, s 27 ch 68-393




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