Title: HB 1281
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 Material Information
Title: HB 1281
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Florida House of Representatives HB 1281
General Note: Box 7, Folder 4 ( Vail Conference 1989 - 1989 ), Item 94
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00000995
Volume ID: VID00001
Source Institution: Levin College of Law, 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



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Florida house of Representatives 1908 HB 1281
By Representatives Mallace, Dantzler




10 A bill to be entitled
2 An act relating to water managements amending
3 s. 373.036, F.S.i adding elements for
4 consideration by the Department of
5 Enviromental Regulation in the formulation of
6 the state water use plans, aunding s. 375.08S3 ,
7 F.S. authorizing water management districts to
8 delegate certain powers and duties to local
9 govermentae providing for district remedies as
10 an alternative to local enforcement of local
11 regulationsa providing for consolidation of law
12 suites mending as. 373.109 and 403.182, F.S.
13 relating to the authority of local governments
14 to set permit feessi ending as. 37S.016,
4 5 373.026, 373.033, 373.042, 373.044, 373.046,
16 373.103, 373.117, and 373.136, F.S., relating
17 to the Florida Water Resources Act of 1972t
18 providing for Department of Environmental
19 Regulation supervision of water management
20 districts) providing additional department
21 duties providing responsibility of water
22 management districts, and deleting certain
23 department responsibility, with respect to
24 saltwater barrier lines, minimum surface Mater
25 flows and levels, and certification by a
26 professional engineer as a condition for
27 permitted activity providing for certain
.*.8 district rules relating to personnel matters
29 authorizing the districts to enter into
30 interagency agreements specifying additional
31 authority of the districts with respect to
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water resources providing procedure for
district use of inmes as a method of
enforcement amending as. t37S3.2, 373.206,
373t.tO2, 73.217, 373S.19, 375.2t3, 375.2tt2
373.t23, 373.t36, 537.23 3753.s43, 373.246,
" 'and 373.49*, F.S. adlAtine to on mpAtiVe uses
of waters providing responsibility of the water
managelest districts with respect to artesian
wells, Impleaentatioe of cosumptive ue
pemita, including requirements, conditions,
and applications therefore and durationt
modification, renewal, and revocation there,
and declaration of a water shortage or
emergency deleting certain responsibility of
the departments amending as. 373.303, 373.309,
373.313, 373.316, 373.319, 373.3t2, 373.326,
373.3359 and 373.342, F.S. providing authority
of the water management districts relating to
the regulation of water wells providing
responsAbility of the districts, and deleting
certain department responsibility with respect
to the constructio, repair, abandoement, and
inspection of water wells licensing of water
well contractors and exemptions frem
regulatioal amending as. 373.406, 373.409,
373.413, 373.414, 373.416, 375.419. 373.42S,
373.4t6, 373.429, 373.433, 373.436. and
373.439, F.S., relating to the management and
storage of surface waters providing
responsibility of the water management
districts, and deleting certain responsibility


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of the department, with respect to permits,
inspections, and requirements for the
construction, alteration, maintenance.
operation, or abandonment of any dam,
Apoundeent, reservoir, or appurtenant work or
Swbrks, eueaptions'frm or revocation or
modification of vrmits, permitting criteria
for dredging and filling in certain wetlands,
and abatement actions and emergency measures
mending as. 375.603 and 373.609, F.S.i
specifying enforcement authority of, and
requiring local enforcement assistance to, the
water management districts, deleting reference
to the departments amending a. 373.613, F.S.I
providing procedure for district use of fines
as a method of enforcement repealing s.
373.043, F.S., relating to adoption and
enforcement of regulations by the departments
repealing s. 373.308, F.S., relating to
department delegation to the districts of
programs for regulating water wells, saving as.
373.3t23-373.34, F.S., from Sunset repeals
saving as. 573.073-373.103, F.S., from Sundown
repeals amending a. 373.106, F.S.I providing
that construction of certain sewage treatment
projects are within the exclusive jurisdiction
of the Department of Environmental Regulations
amending a. 403.061, F.S.s providing additional
powers and duties of the departments amending
s. 403.1t1, F.S.s providing enforcement
procedures amending s. 253.665, F.S.,
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requiring the Board of Trustees of the Internal
Improvement Trust Fund to adopt certain rules
with respect to the grant of eaements,
licenses, and lases to riparian ounerss
authorizing the board to take certain review
actiomi providing a p~~roere for (he division
of fees from the grant of easmenta, licenses,
and leanss providing for future transfer of
powers and duties relating to the Marren S.
Menderon eHtlands Proteetion Act of 198 to
the water management districts$ creating s.
373.0285t F.S. directing water management
districts to consolidate certain permitting
criteria for dredging and filling In wetlands
with the district's water management rulesI
amending as. 378.503 and 403.265, F.S., to
onforms amending and renumbering s. 403.813,
F.S.j transferring responsibility for certain
environmental permitting from the Department of
Environmental Regulation to the water
management districts creating s. 373.104,
F.S.s providing procedure for Issuance of
permits for district activities or projects by
the departments providing a time frames
providing for a study to determine advisability
of transferring other water programs to the
water management districts amending as.
403.816 and 403.921, F.S.s correcting cross
references creating -. 373.1735, F.S.1
providing legislative intents requiring water
management districts to adopt certain rules


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consolidating its rules relating to management
and storage of surface waters with rules for
the regulation of stormwater discharges
amending s. 403.812, F.S.s conforming language
with respect to the delegation of functions by
the Department Of Environmental Regulation to
Mater management districts) amending s.
161.041, F.S., relating to permits for coastal
constructions requiring permit conditions to be
consistent with certain assessments and
recommendations of the water management
district amending a.' 25.51, F.S.) providing
that where oil and gas leases involve certain
state lands, scientific assessments and
recommendations shall be binding in the
evaluation of the terms and conditions of the
leases amending s. 378.402, F.S.s providing
legislative intent relating to duplication of
regulation for wetlands amending ss. 378.503
and 378.803, F.S., relating to setting certain
reclamation performance standards for limestone
and other resources) amending as. 403.851,
403.852, 403.855, 403.85W, 403.857, 403.858,
483.859, 403.861, 403.863, 403.8635, and
403.864, F.S.s revising the Florida Safe
Drinking Hater Acts providing responsibility of
the Departmept of Environmental Regulation for
operation of the state water supply programs
authorizing delegation of certain
responsibilities to county health departments
or local pollution control programs, providing
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31 the department shall give due consideration to,


for transfer of certain funds for delegated
programs removing duties and responsibilities
of the Department of Health and Rehabilitative
Services with respect to plans for emergency
provision of water, water sampling and certain
S inspections of property establishment of'l
laboratories for analysis of water sales, the
state public water supply laboratory
certification program, and the public water
supply accounting program repealing s.
403.862, F.S., relating to public water supply
duties and responsibilities of the Departaent
of Health and Rehabilitative Services$ amending
s. 381.261, F.S., to conforms amending s.
380.06, F.S., relating to developments of
regional iapacts revisiag provisions which
relate to conceptual agency review of
development approval concurrently with
development-of-regional-ipact reviews
providing procedure for the reviewing agency
and for development order adoptions directing
the Department of Community Affairs to revise
certain procedures providing effective dates.


Be It Enacted by the Legislature of the State of Florida.


Section 1. Paragraphs IIl and Ij) are added to
subsection It) of section 373.036, Florida Statutes, to reads
373.036 State water use plan.--
(2t In the formulation of the state water use plan,


lil The pro-ot
integral part of water


ion of both water


mansumans sroarams. rul
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and the use andl reuse of eater of the lowest


quality for the Purpose intended.
(111 The development of innovative methods of water
rcycvhlikm. *couraead by' incentives granted by the deaart*mr*


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the district is authorized or required to administer.
including those delegated by a state agency to the district


if the governing board determines that such a delegation is
neessa or desirable. Such a delegation shall be nade only
if the governing board determines that the county's or
municipality's Proaram for administering the delegated
statute, rule, or regulations


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Section 2. Section 373.085, Florida Statutes, is
aaended to reads
373.083 General powers and duties of the governing
board.--
JLi In addition to other powers and duties allowed it
by laws the governing board is authorized tot
laj+14 Contract with public agencies, private
corporations, or other persons sue and be sued and appoint
and remove agents and employees, including specialists and
consultants.
Lb#484 Issue orders to implement or enforce any of the
provisions of this chapter or regulations thereunder.
lkJ54 Nake surveys and investigations of the water
supply and resources of the district and cooperate with other
governmental agencies in similar activities.
l2Hal The aovernina board is also authorized to
delegate to a county or municipality. by rule. the power and
duty to administer any of the statutes, rules, or regulations


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1 1. Provide, by ordinan e relations or local law for
2 rEMuiraatas- ca -atibl iMAth or striAtor or ore extensaLe
S.han those Ia d by teB statute or tah rules and reMa latioae
4 atdo*td pursuant thereto.
S. Provides or th enf orcemet of .uch resutremnts
6 by _.-m ornate administrative md -ludic I -rocesas*.
7. Provide- for linitrative oraaniatio staff.
and financial and other reurn s Mneessary to effectively and
efficiaetlyv .Bnfore auh rlSmuiremAAt
o10 1bh othims In this act shall prevent any county or
11 munleal Jrogra- froa enfo-rcin tohe countyv or
1i maaicialitvya laws ordiaance,. reaulatio e, or orders. All
d t.4h&4 0_hkamt*r


remedies of the water management ua.- .- --
hallg he available. as am alternative to local enforcement
provisions. to each county or municipality to enforce any
Lu ~ ~ AttA EKMAalatha5-..ssa...E------------------


1 after magawasmat district and a local program institute
18 separatee lawsuits against the same party for violation of a
S1 stat or local lawu rule. regulation ordinance, or order
0 arisife out of the same c t, the suits shall be consolidated
21 whe oasible.
22 Section 3. Section 373.109, Florida Statutes, is
23 amended to reads
24 373.109 Permit application fees.--hen a water
25 management district governing board implements a permit system
26 under this chapter or one which has beoo delegated to it
27 pursuant to s. 403.812, it may establish a schedule of fees
28 for filing applications for the required permits. bai such
29 fees shall not exceed the cost to the district for processing
30 the application, h fee charged may include the cost of
31 aonitorint thae onditions- laed oa a permit according to a


Florida house of Representatives 1988 HB 281
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Spschedule set in s. 403.087. However, permit fees shall not be
2 required from any governmental entity.
3 I1l All moneys received under the provisions of this
4 section shall be allocated for the use of the water management
S district and shall be in addition to moneys otherwise
6 'ppropriated in any general appropriation act.
7 It) The failure of any person to pay the fees
8 established hereunder constitutes grounds for revocation or
9 denial of his permit.
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11 Nothing herin shall affect the authority of local governments
12 to establish fees relating to permits. including. but not


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Section 4. Subsection (101 is added to section
403.182, Florida Statutes, to reads
403.188 Local pollution control programs.--
110 NothinM herein shall affect the authority of
local governments to establish fees relating to permits,
including, but not limited to. the authority to establish the
amount of such fees,
Section 5. Subsection 13) of section 3/3.016, Florida
Statutes, is amended to reads
373.016 Declaration of policy.--
13) The Legislature recognizes that the water resource
problems of the state vary from region to region, both in
magnitude and complexity. It is therefore the intent of the
Legislature to vest in the Department of Environmental
Regulation or its successor agency the power and
responsibility to accomplish the conservation, protection,
managements and control of the waters of the state and with
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sufficient flexibility and discretion to accomplish these ends
through sueri.ion of detegtteeo-o-appreptate-powers-t the
various water manageemnt districts. The daesrtmuet shall
adoet and enforce such rules and review procedures as may be


necassarY or I otvenilt tO -mes'luLr rm- Iu- ------ -L


6 over the wtulr maasemeMat districts. Thb-dopartmeat6aM'3y '
e7 iexMe searIY-pmeye-hreta-sttherised-t*-he-e1ereaed-by-a
u waterrmanagement-ditr*te-he erwl-te-tho-pratreatesmte
9 praette-mbaer-eb-po*er-sheeld-be-datloated-to-the-'overain
.0 hoed-eg-a-etor-smangeomtl-distrtts
S Section 6. Subsetion (7) of section 573.026, Florida
2 Statutes* is amended, and subsections 1101 and 411) are added
M to said section, to reads
14 373.026 Seneral powers and duties of the department.--
5 The Department of Environmental Regulations or its successor
6 agency, shall be responsible for the administration of this
7 chapter at the state level. Nowevers it is the policy of the
IS state that, to the greatest extent possibles the department
9 may enter into interagency or intorlocal agreements with any
20 other state agency any water management districts or any
21 local government conduting programs related to or materially
22 affecting the water resources of the state. All such
Agreements shall be subject.to the provisions of s. 373.046.
24 In addition to its other powers and duties, the department
2 shall, to the greatest extent possibles
26 471 Exercise general supervisory authority over all
2 water management districts. The-dopartment-ay-eerese-any
mr oe-hrete-sthormd-t*-be-exeresed-by-a-uater-anspeat /
29 d6strtiet /
30 110) Marshall the state's many research resources to
31 aid the e _vironmental decisionaakine process, and establish,
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1 maintain, and administer a statewide environmental resources
2 data bank. and act as a clearing house for environmental
3 irforamtion.
4 tIll Establish a research institute to design and
5 administer a comprehemnive research proaram on environmental
6 issues df COncmek to the Ledislature 'nd state agencies.
7 Universities. agencies. local aovernaent., and Private firms
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in the institute* h


a research enw.s... The wrouse, sha e


10 funded by an annual transfer of 30 Percent of the balance of


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the Floridalersit Fee Trust Fu 1


Section 7. Section 373.029, Florida Statutes, is
renumbered as section 403.0623, Florida Statutes.
Section 8. Subsections III, 12), 131, and 141 of
section 373.033, Florida Statutes, are amended to reads
373.033 Saltwater barrier line.--
Ill The governing board of any water management
district department say, at the request of the board of county
commissioners of any county -at-the-request-o -the-governing
beerd-e-any-water-management-distraet, or any municipality or
water district responsible for the protection of a public
water supply, or, having determined by adoption of an
appropriate resolution that saltwater intrusion has become a
matter of emergency proportions, by its own initiatives
establish generally along the seacoast, inland from the
seashore and within the limits of the area within which the
petitioning board'has jurisdiction, a saltwater barrier line
inland of which no canal shall be constructed or enlarged, and
no natural stream shall be deepened or enlarged, which shall
discharge into tidal waters without a daa, control structure
or spillway at or seaward of the saltwater barrier line, which
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shall prevent the movement of Malt water inland of the
saltwater barrier line. Provided, however, that the sovernine
boad department is authoried, in cases where saltwater
intrusion is not a problems to waive the requirement of a
barrier structure by specify permit to construct a canal
cr i "t I.ltfato~' batri! *ie without ,a proteqtivo
device and provided, further that the agency petitioning for
the establishment of the saltwater barrier lne shall concur
in the waiver.
S (2) Application by a board of county commissioners or
by the governing board of a-oater-easmeant-dateett a
municipality or a water disatrit for the establishment of a
I saltwater barrier line shall be made by adoption of an
appropriate resolution agreeing too
Sa) lRaiburse the water mnaement district department
Sthe cost of necessary investigation, including, but not
V limited to. subsurface exploration by drilling, to determine
the proper location of the saltwater barrier line in that
County or in all or part of the district over which the
Applying agency has jurisdiction.
I Ib) Require ceaplianoe with the provisions of this law
2 by county or district forces under their controls by those
3 individuals or corporations filing plate for record and by
4 individuals corporations or agencies seeking authority to
5 discharge surfaoo or subsurface drainage into tidal waters.
S31) The board of county commissioners of any county or
7 the governing board of any water-anagemeat-dsatraet
8 municipality or water district desiring to establish a
Saltwater barrier line is authorized to reaiburse the water
Smanagement district department for any expense entailed in
I making an investigation to determine the proper location of
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HB 1281


the saltwater barrier lines from any funds available to them
for general adimisatrative purposes.
t4) The-department Any board of county commissioners,
and the governing board of any water management district,
municipality, or water district having competent jurisdiction
ovor a area in which .a saltwater barrier is established shall
be charged with the enforcement of the provisions of this
section, and authority for the maintenance of actions set
forth Is a. 373.129 shall apply to this section.
Section 9. Section 373.039, Florida Statutes, is
renuabered as section 403.0618, Florida Statutes.
Section 10. Section 373.042, Florida Statutes, is
amended to reads
373.042 Ninimum flows and levels.--Hithin each
sections or the water management district as a whole, the
department-or the governing board shall establish the
followings
III) minimum flow for all surface watercourses in the
area. The minimum flow for a given watercourse shall be the
limit at which further withdrawals would be significantly
harmful to the water resources or ecology of the area.
42) Miniman water level. The minimum water level
shall be the level of ground water in an aquifer and the level
of surface water at which further withdrawals would be
significantly harmful to the water resources of the area.


The sinlaum flow and minimum water level shall be calculated
by the-department-and the governing board using the best
information available. When appropriate, minimum flows and
levels may be calculated to reflect seasonal variations. The
departmeat-and-the governing board shall also consider, and at
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Section t1. Subsection IIl of section 373.046, Florida
Statutes, is amended to roads
373.046 Interagency agreements.--
III The department or the water management district
may enter into interagency agreements with or among any other
state agencies or water managment districts conducting
programs or exercising powers related to or affecting the
water resources of the state. Such agreements may establish
principal-agency or contract relationships provide for cross-
deputization of enforcement personnel provide for
consolidation of facilities, equipment or personnel or
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their discretion may provide for, the protection of
enoconsumptive uses in the establishment of minimum flows and
levels.
Section 11. Section 373.044, Florida Statutes, is
amended to reads
,n ,r: '3731044 Riles and ~reulatioast enforcmehkts

availability of personnel rules.--Is administering this
chapters the governing board of the district is authorized to
make and adopt reasonable rules, regulations and orders which
are consistent with laew and such rules, regulations, and
orders may be enforced by mandatory injunction or other
appropriate action in the courts of the state. Rules relating
to personnel matters shall be made available to the public and
affected persons at no more than cost but need not be
published in the Florida Administrative Code or the Florida
Administrative Weekly. Personnel rules shall include a system
of career ladders which allow qualified scientific and
enforcement nrsonnel to advance in salary and seniority in


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provide such other relationships as may be deemed beneficial
to the public interest. Such interagency agreements shall be
promulgated in the same manner as rules and regulations,
subject to chapter 120. All state agencies and water
anaaament districts conducting programs or exercising powers
'rblating to or affecting the water resources of the state are
hereby authorized to delegate such authority to the department
or any of the several water management districts pursuant to
such interagency agreements.
Section 13. Section 373.103, Florida Statutes, is
amended to reads
373.103 Additional powers which-may-be vested in the
governing boards berd-at-the-department s-diseretion.--In
addition to the other powers and duties allowed it by law, the
governing boards of the beard-of-a water management districts
hall distriet-may be specifically authorized by-the
department to,
I13 Administer and enforce all provisions of this
chapter, including the permit systems established in parts II,
III, and IV of this chapter.
(t2 Cooperate with the United States in the manner
provided by Congress for flood control, reclamation,
conservation, and allied purposes in protecting the
inhabitants, 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.
13) Plan, construct, operate, and maintain works of
the district as defined in this chapter.
441 Determine, establish, and control the level of
waters to be maintained in all canals, lakes, rivers,
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channels, reservoirs, streams, or other bodies of water
controlled by the districts to maintala such waters at the
levels so determined and established by means of dams, locks,
floodgates, dikes, and other structuresi and to regulate the
discharge into or withdrawal from, the' canals, lakes, rivers,
obannels, reservoirs, streaks, or other bodies of water
oontrolled by the district or which are a work of the
district, including review of mall watershed projects (Pub.
L. No. 83-566. .
IS) Expend, at the discretion of the governing board,
for purposes of promotion, advertisement, and improvement of
the program and objectives of the districts a yearly sum not
to exceed 0.25 percent of the moneys collected by taxation
within the district.
46) Exercise such additional power and authority
compatible with this chapter and other statutes and federal
laws affecting the district as may be necessary to perform
such duties and acts and to decide such matters and dispose of
the same as are not specifically defined iA or covered by
statute.
47) Prepare, in cooperation with the department, that
part of the state water use plan applicable to the district.
Section 14. Subsections (11 and i3) of section
373.117, Florida Statutes, are amended to read@
373.117 Certification by professional engineer.--
Il) If an application for a permit or license to
conduct an activity regulated under this chapter requires the
services of a professional engineer as regulated and defined
by chapter 471, the departoent-or governing board of a water
management district nay require, as a condition of granting a
permit or license, that a professional engineer licensed under
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chapter 471 certify upon completion of the permitted or
licensed activity that such activity has been completed in
substantial comformance with the plans and specifications
approved by the department-er board.
II) No permitted or licensed activity which is
required to be so certified shall be'placed nto use or
operation until the professional engineer's certificate 4s
filed with the department-*r board.
Section IS. Subsection 11) of section 373.136, Florida
Statutes, is amended to read
373.136 Enforcement of regulations and orders.--
I1) The governing board may enforce its regulations
and orders adopted pursuant to this chapter, by suit for
injunction or other appropriate action in the courts of the
state. Here fines are used as a method of enforcement, the
aoverning board shall adopt rules which establish a procedure
for determining the fine.
Section 16. Subsection 131 of section 373.203, Florida
Statutes, s amended to reads
373.201 Definitions.--
13( "Plugging" is defined as plugging, capping, or
otherwise controlling a well as deemed appropriate by-the
department-or by the appropriate water management district.
Section 17. Section 373.206, Florida Statutes, is
amended to reads
373.206 Artesian wells flow regulated.--Every person,
stock company, association, corporation, county, or
municipality owning or controlling the real estate upon which
is located a flowing artesian well in this state shall, within
90 days after June 15, 1953, provide each such well with a
valve capable of controlling the discharge from the well and
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1 hall keep the valve so adjusted that only a supply of water
2 is available which is necessary for ordinary use by the owner,
3 tenant, occupant, or person in control of the land for
4 personal use and for conducting his business. Upon the
5 determination by the-Bpartment-S-Eantrem-entat-egUtatiea-or
6 the appropriate water enag ehebt district that the water in an
7 artesian well is of such poor quality as to have an adverse
Impact upon an aquifer or other water body which serves as a
9 source of public drinking water or which is likely to be such
10 a source in the future, such well shall be plugged in
11 accordance with thA department-or appropriate water management
12 district specifications for well plugging.
13 Section 18. Subsection 12) and paragraph (b) of
14 subeection 13) of section 373.209, Florida Statutesa are
15 amended to road
16 373.209 Artesian wallai penalties for violation.--
17 (21 A well is exempt from the provisions of this
18 section unless the water management district Department-o
19 Envirenmental-Ragulatti can show that the uncontrolled flow
20 of water from the well does not have a reasonable and
21 beneficial use, as defined in a. 373.01915).
22 13) Any person who violates any provision of this
23 section shall be subject to either
24 (b) A civil penalty of $100 a day for each and every
2day of such violation and for each and every act of violation.
26 The civil penalty may be recovered by the water management
27 board of the water management district in which the well is
28 located er-by-tbh-department in a suit in a court of competent
2 jurisdiction in the county where the defendant resides, in the
30 county of residence of any defendant if there is more than one
31 defendant, or in the county where the violation took place.

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The place of suit shall be selected by the board or
department, and the suit, by direction of the board or
department, shall be instituted and conducted in the name of
the board or-departent by appropriate counsel. The payment
of any such damages does not impair or abridge any cause of
Cti d which any person iay have against the person violating
any provision of this section.
Section 19. Subsection I1) of section 373.217, Florida
Statutes, is amended to reads
373.217 Superseded laws and regulations.--
II) It Is the nltent of the Legislature to provide a
aeans whereby reasonable programs for the issuance of permits
authorizing the consumptive use of particular quantities of
water may be inmlemented by the water management districts
ethertsaed-by-the-epartmeant-o-Eavraenta -Regulation,
subject to judicial review and also subject to review by the
Governor and Cabinet, sitting as the Land and Hater
Adjudicatory Coamission aa provided in a. 373.114.
Section 20. Section 373.219, Florida Statutes, is
amended to reads
373.219 Permits required.--
II) The governing board or-the-department may require
auch perolts for consumptive use of water and may impose such
reasonable conditions as are necessary to assure that such use
is consistent with the overall objectives of the district or
department and is not harmful to the water resources of the
area. However, no permit shall be required for domestic
consumption of water by individual users.
12) In the event that any person shall file a
complaint with the governing board er-the-department that any
other person is making a diversion, withdrawal, impoundment,
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1 or consumptive use of water not expressly exempted under the
, 2 provisions of this chapter and without a permit to do so, the
1 governing board *r-the-dpartmet shall ease an investigation
4 to be made and if the faots,stated in the complaint are
Sverified the governing board ee-the-deertment shall order the
""i' 6af i'lai-6l'of o th 4''.. I
7 Section 21. Subsections (2) and tS) of section
373.tt2, Florida Statutes, are amended to read
9 373.tt Coaditions for a pertt.--
10 2) The governing bord or-the-depertment ay
11 authorie the holder of use permit to transport and use
12 ground or surface water beyond overlying land, across county
13 boundaries, or outside the watershed from which it is taken if
14 the governing board r-department determines that such
15 transport and use is consistent with the public interest, and
16 no local government shall adopt or enforce any law, ordinance
17 rule, regulation, or order to the contrary.
18 13) The governing board or-the-departmet, by
19 regulation, may reserve from use by permit applicants, water
'0 in suh locations and quantities, and for such seasons of the
21 year, as in its judgment nay be required for the protection of
22 fish and wildlife or the public health and safety. Such
23 reservations shall be subject to periodic review and revision
24 in the light of changed conditions. Nowevers all presently
25 existing legal uses of water shall be protected so long as
26 such use is not contrary to the public interest.
27 Section 22. Section 373.2t29 Florida Statutes, is
2 amended to reads
2 377.22t Application for permit.-
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Ill All permit applications filed with the governing
board er-tbe-department under this part and notice thereof
required under s. 373.116 shall contains
ta The name of the applicant and his address or, in
the case of a corporation, the address of its principal
business offices
Ib) The date of filings
tei The date set for a hearing, if anys
Idi The source of the water supply
tel The quantity of water applied fors
If) The use to be made of the water and any
limitation thereona
I g The place of uses
Ith The location of the well or point of diversions
and
1il Such other information as the governing board or
the-department nay deem necessary.
121 The notice shall state that written objections to
the proposed permit nay be filed with the governing board or
the-depertment by a specified date. The governing board or
the-depertentn at its discretion, may request further
information from either applicant or objectors, and a
reasonable time shall be allowed for such responses.
3S) If the proposed application is for less than
100,00 gallons per day, the governing board or-the-department
nay consider the application and any objections thereto
without a hearing. If the proposed application is for 100,000
gallons per day or more and no objection is received, the
governing board er-the-department, after proper investigation
by its staff, say, at its discretion, approve the application
without a hearing.
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Section 23. Section 373.233, Florida Statutes* is
amended to reads
373.253 Competing applioatio.--
(1) If two or more applications which otherwise comply
with the provisions of this part are pending for a quantity of
'Watr that's inadequate fr' both or all or shich f6r any
other reason are in conflicts the governing board or-the
department shall have the right to approve or modfy the
application which best serves the public interest.
12t In the event that two or more competing
applications qualify equally under the provisions of
subseotion III, the governing board or-the-department shall
give preference to a renewal application over an initial
application.
Section l4. Section 373.236, Florida Statutes, is
amended to reads
373.236 Duration of permits.--
I1) Permits may be granted for any period of time not
exceeding l2 years. The governing board wr-the-depart.met ay
I base duration of permits on a reasonable system of
classification according to source of supply or type of use.
Sor both.
1 12) The governing board r-the-departent may
k authorize a permit of duration of up to 50 years in the case
of a municipality or other governmental body or of a public
6 works or public service corporation where such a period is
7 required to provide for the retirement of bonds for the
8 construction of waterworks and waste disposal facilities.
9 Section 5s. Subsection t2) of section 373.239, Florida
0 Statutes, is amended to reads
11 373.239 modification and renewal of permit terms.-
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412 If the proposed modification involves water use of
100,000 gallons or more per day, the application shall be
treated under the provisions of s. 373.229 in the same manner
as the initial permit application. Otherwise, the governing
board or-the-department nay at its discretion approve the
proposed moaification without a hearing, provided the
permitted establishes that's
Ila A change in conditions has resulted in the water
allowed under the permit becoming inadequate for the
perittee's need, or
ibl The proposed modification would result in a more
efficient utilization of water than is possible under the
existing permit.
Section 26. Section 373.243, Florida Statutes, is
amended to reads
373.243 Revocation of permits.--The governing board or
tke-departmeat may revoke a permit as follows
III For any material false statement in an application
to continue, initiates or modify a use, or for any material
false statement in any report or statement of fact required of
the user pursuant to the provisions of this chapter, the
governing board or-the-department may revoke the user's
permits in whole or in parts permanently.
12) For willful violation of the conditions of the
permits the governing board or-tbe-department may permanently
or temporarily revoke the permit, in whole or in part.
(SI For violation of any provision of this chapter,
the governing board or-the-department may revoke the permit,
in whole or in part, for a period not to exceed 1 year.
41) For nonuse of the water supply allowed by the
permit for a period of 2 years or more, the governing board or
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the-department may revoke the permit permanently and in whole
unless the user can prove that his Rosuse was due to extreme
hardship caused by factors beyond his control.
i (5I The governing board *-the-departeat may revoke a
permit permanently and in whole with the written cosent of
the permitted.
"""" I tetion 't7.' S7ubucta'tri -1l tfhrer I 1741 df sebtio

373.E46, Florida Statutes, are aendd to read
373.t6 Declaration of water shortage or emergeny.--
1) Tho governing board or-teo-department by
regulation shall formulate a plan for Laplemmetatio during
periods of water shortage. Copies of the water shortage plan
shall be submitted to the Speaker of the Mouse of
representatives and the President of the Senate no later than
October 31, 193. As a part of this plan the governing board
er-the-departmet shall adopt a reasonable system of water-use
classification aeording to source of water supply ooethod of
extraction, withdrawals or diversions or use of water or a
oabination thereof. The plan may include provisions for
variances and alternative measures to prevent undue hardship
and ensure equitable distribution of water resources.
1) The governing board *r-tbe-department by order may
Declare that a water shortage exists for a source or sources
Within all or part of the district when insufficient water is
Sor will he available to meet the present and anticipated
Srequirements of the users or when conditions are such as to
Require temporary reduction in total use within the area to
protect water resources from serious harm. Such orders will
Sb final agency action.
0 3 In accordance with the plan adopted under
I subsection II) the governing board or-the-department may
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V 1 I ipoaoe such restrictions on one or more classes of water uses
2 as ay be necessary to protect the water resources of the area
3 fro serious hamr and to restore them to their previous
4 condition.
5 14I A declaration of water shortage and any measures
,, adopted pursuant thereto, ay be, ecinded by,the governing
7 board er-the-department.
ISI) hen a water shortage is declared, the governing
9 board er-the-department shall cause notice thereof to be
10 published to a prominent place within a newspaper of general
11 circulation throughout the area. Publication of such notice
12 Mill serve as notice to all users in the area of the condition
13 of water shortage.
14 I6) The governing board or-the-department shall notify
S1S each permitted in the district by regular mail of any change
16 in the condition of his permit or any suspension of his permit
17 or of any other restriction on his use of water for the
18 duration of the water shortage.
19 171 If an emergency condition exists due to a water
20 shortage within any area of the district, and if the
21 department-ere the executive director of the district with the
22 concurrence of the governing board finds that the exercise of
23 powers under subsection II) is not sufficient to protect the
24 public health, safety, or welfare the health of animals, fish
25 or aquatic life a public water supply or recreational,
26 commercial, industrial, agricultural, or other reasonable
27 uses, it-or he may, pursuant to the provisions of s. 373.119,
S iAssue emergency orders reciting the existence of such an
29 emergency and requiring that such actions including, but not
30 limited to, apportioning, rotating, limiting, or prohibiting
31 the use of the water resources of the districts be taken as
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the-department-er the executive director deems necessary to
meet the emergency.
Section 28. Section 373.t29, Florida Statutes, is
amended to reads
373.249 Existing regulatory districts preserved.--The
wnbtmett df this chapter ihi11 not affect at e4*isting water
regulatory districts pursuant to chapter 373, or orders issued
by said regulatory districts, unless specifically revoked,
modified, or mended by such regulatory district or-by-the
department.
Section 2t. Sueection 1 6I of section 373.303. Florida
Statutes, i amended to read
373.303 Definitions.--A used in this part, the terms
(I "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 water management
district department, that continued use for the purpose of
obtaining ground water or disposing of water or liquid wastes
I is impracticable.
1 Section 30. Section 373.309, Florida Statutes, is
Samended to reader
3 373.309 Authority to adopt rules, regulations, and
4 procedures.--Each water .-man Ant district Te-department
shall adopts and may from time to time mend, rules and
6 regulations governing the location, construction, repair, and
7 abandonment of water wells and shall be responsible for the
administration of this part. With respect thereto, it shall
S (1 Enforce the provisions of this part and any rules
10 and regulations adopted pursuant thereto.


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12) Delegate, at its discretion, to any political
subdivision any of its authority under this part in the
administration of the rules and regulations adopted hereunder.
131 Establish procedures and forms for the submission,
review, approval, and rejection of applications,
notifications, 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 shall be
delivered to the water management district department.
(51 Issue such additional regulations and take such
other actions as may be necessary to carry out the provisions
of this part.
Section 31. Section 373.313, Florida Statutes, is
amended to reads
373.313 Prior permission and notification.--
I1) Taking into consideration other applicable state
laws, in any geographical area where the water management
district department determines such permission to be
reasonably necessary to protect the ground water resources,
prior permission shall be obtained from the water management
district department for each of the followings
la) The construction of any water wells
Ibl The repair of any water wells or
(cl The abandonment of any water well.


However, in any area where undue hardship might arise by
reason of such requirement, prior permission will not be
required.
(21 The water management district department shall be
notified of any of the following whenever prior permission is
not required
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Sa) The construction of any water well
lb The repair of any water wulls or
I tel The abandonmet of any water well.
Section 3t. Section 375.316, Florida Statutes, is
amended to read,
S 373.316 Existin i'ntallations.--o well in existed

Son the effective date of this part shall be required to
conform to the provisions of s. 373.313 or any rules or
Regulations adopted pursuant thereto. However, any well now
0 or hereafter abandoned or repair as defined in this part
1 shall be brought into compliane with the requirements of this
2 part and any applicable rules or regulations with respect to
3 abandonment of wells, and any well whih is determined by the
4 uMter mnaemaj t district department to be a hazard to the
5 round water resources must comply with the provisions of this
,6 part and applicable rules and regulations within a reasonable
Stime after notification of such determination has been given.
a Section 35. Section 375.319, Florida Statutes, is
L amended to reads
to 373.319 Inspections.--
I 11) The water mamsement district department is
t2 authorized to inspect any water well or abandoned water well.
23 Duly authorized representatives of the water hLmanaM t
4 district department ay at reasonable times enter upon and
2t shall be given access to any praises for the purpose of such
26 inspection.
27 121 If upon the basis of such inspections the water
2 maSna-ement district department finds applicable laws, rules
29 or regulations have not been complied with, it shall
30 disapprove the well. If disapproved, no well shall thereafter
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I be used until brought into compliance with the rules and
2 regulations promulgated under this law.
S Section 34. Paragraphs Ibs, Idi, (el, and Igo of
4 subsection Il and paragraph Inl of subsection 121 of section
5 373.323, Florida Statutes, are amended to reads
6 37S.3S3 Hater well contractor licenses driller and
7 drilling equipment registration.--
I11 MATTER ELL CONTRACTOR LICENSES.--
9 lb) Each water management district The-department may
10 adopt and from time to time amend rules and regulations
4 governing applications for water well contractor licenses.
12 The water management district shall license as a water well
IS contractor any person properly making application therefore who
14 is an adult for all legal purposes, has knowledge of rules and
Regulations adopted under this part, and has had not less than
14 2 years? experience in the work for which he is applying for a
17 license. Each water management district The-department shall
1 prepare an examination which each such applicant must pass in
19 order to qualify for such license.
20 Id Licenses issued pursuant to this section are not
21 transferable and shall expire on July 1 of each year. A
22 license may be renewed without examination for an ensuing year
23 by making application not later than 30 days after the
24 expiration date and paying the applicable fee. Such
25 application shall have the effect of extending the validity of
24 the current license until a new license is received or the
27 applicant is notified by the water management district
8 department that it has refused to renew his license. After
SJuly 31 of each year, a license will be renewed only upon
30 application and payment of the applicable fee plus a penalty
31 of $50.
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1 I *I Hhenever the department-or water mnagement
2 district determines that the holder of any license issued
3 pIrsuant to this section has violated any provision of this
4 part or any rule or regulation adopted pursuant thereto, the
5 department-or water management district is authorized to
6 6jspend' r rev6ke bay such license. Any order' issued pursuant
7 to this subsection shall become effective 30 days after
8 service thereof unless a written petition requesting hearing
under the procedure provided in chapter 1tO is filed sooner.
10 Ig) No-1ater-than-etber-t--tI9-4-th-department
r1 .kan-.dml*s-e.-thka-wuateraasea*mat-deatrts*-the-peer's


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and-dteis-relattn-t-e-pe**ssnl-an-d-tsang-ater-ueat
eentretoer-lesenses A license issued by any water management
district shall be valid anywhere in the state.
(21 DRILLER AND DRILLING EQUIPMENT REGISTRATION.--
(a) Every person who operates drilling equipment for
the purpose of constructing wells shall register with each
water management district in which construction activity takes
place. The governing board shall, as miniaum conditions of
such registration, requires
1. A written recommendation from a licensed water well
contractor verifying the status of the driller as an employee
of the contractor.
2. Demonstration of sufficient experience and
practical knowledge needed to operate drilling equipment of
the type to be used in actual well construction.
3. A written examination considered appropriate by the
board and designed to verify the driller's knowledge of
commonly accepted drilling practices and applicable rules of
the district and-the-department.

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Section 55. Subsection III of section 373.326, Florida
Statutes, is amended to reads
373.326 Exemptions.--
i11 When the water management district department
finds that compliance with all requirements of this part would
'dsult ir undue hardshipt 'n exemption 'froa any one or more
such requirements may be granted by the water management
district department to the extent necessary to ameliorate such
undue hardship and to the extent such exemption can be granted
without impairing the intent and purpose of this part.
Section 36. Section 373.339, Florida Statutes, is
amended to reads
373.339 Existing regulations preserved.--The enactment
of this chapter shall not apply in any area where water wells
are regulated by a water regulatory district pursuant to the
authority of chapter 373 unless and until the water management
district department shall modify or revoke such regulations
and provide that such area will thereafter be governed by the
provisions of this part.
Section 37. Subsection 411 of section 373.342, Florida
Statutes, is amended to reads
373.342 Permits.--
(11 The governing board of any water regulatory
district which, pursuant to the authority of s. 373.339 or
pursuant to authority delegated to it by the water management
district department under sr-373ri30-or s. 373.309123,
regulates water wells may in its discretion authorize its
executive director to issue permits for the construction,
repair, or modification of any water well.
Section 38. Subsection 14) of section 373.406, Florida
Statutes, is amended to reads
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1 373.406 Exemptions.--The following exemptions shall
2 apply I
3 14) All rights and restrictions set forth in this
4 section shall be enforced by the governing board or-the
5 Bepartmemt-oe-Envirepnental-egrqletien-er-*ts-sueeesser '
6 agenery and nothing contained herein shall be construed to
7 establish a basis for a cause of action for private litigants.
8 Section 39. Subsections I1I and I21 of section
9 373.409, Florida Statutes, are amended to reads
10 373.409 Headgates, valves, and measuring devices.--
11 I3 IThe department-er-the governing board may by
12 regulations require the owner of any das, inpoundeont,
13 reservoirs appurtenant work, or works subject to the
14 provisions of this part to install and maintain a substantial
15 and serviceable headgate or valve at the point designated by
16 the-department-or the governing board to measure the water
17 discharged or diverted.
18 (42 If any owner shall not have constructed or
19 installed such headgate or valve or such measuring device
20 within 60 days after the governing board er-department has
21 ordered its constructions the governing board er-department
22 shall have such headgate, valve, or measuring device
23 constructed or installed, and the costs of installing the
24 headgate, valve, or measuring device shall be a lien against
25 the owner's land upon which such installation takes place
26 until the governing board er-department is reimbursed in full.
27 Section 40. Section 373.4133 Florida Statutes, is
28 amended to reads
29 373.413 Permits for construction or alteration.--
30 111 Except for the exemptions set forth herein, the
31 governing board or-the-department may require such permits and
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iApose such reasonable conditions as are necessary to assure
that the construction or alteration of any dams impoundment,
reservoir, appurtenant work, or works will not be harmful to
the water resources of the district. The department-r-the
governing board may delineate areas within the district
wherein permits nay be required.
t12 A person proposing to construct or alter a dan,
tapoundment, reservoir, appurtenant work, or works subject to
such permit shall apply to the governing board or-department
for a permit authorizing such construction or alteration. The
application shall contain the followings
S aI Name and address of the applicant.
Ib Nae and address of the owner or owners of the
land upon which the works are to be constructed and a legal
description of such land.
Ie) Location of the work.
Id) Sketches of construction pending tentative
approval.
Io) Name and address of the person who prepared the
plans and specifications of construction.
If) Name and address of the person who will construct
the proposed work.
I) General purpose of the proposed work.
Ihl Such other information as the governing board or
department may require.
13) After receipt of an application for a permit, the
governing board or-department shall cause a notice thereof to
be published in a newspaper having general circulation within
the affected area. In addition, the governing board or
department shall send a copy of such notice to any person who
has filed a written request for notification of any pending
33


COOING: Nords stricken are deletions) words underlined are additions.


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Florida House of Representatives 1988
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applications affecting the particular designated area. This
notice shall be sent by regular mall.prior to the date of
publication. The notice shall contains
Ia) The name and address of the applicant or, in the
case of a corporation, the address of its principal business
offidces' .. ,. .
Ib) The date of filings
(c) The date set for a hearings if anys
Id) The source of the water to be contained
(o) The quantity of water to be contained
If The use to be made of the water and any limitation
thereon and
Ig) Such other information as the governing board or
the-departoent may deem necessary.
(41 The notice provided for in subsection i3) shall
state that written objections to the proposed permit may be
filed with the governing board er-department by a specified
date. The governing board r-departments at its discretion,
may request further information from either applicant or
objectors, and a reasonable time shall be allowed for such
responses.
S5) If no substantial objection to the application is
received, the governing board er-the-department, after proper
investigation by its staff, may at its discretion approve the
application without a hearing. Otherwise, it shall set a time
for a hearing in accordance with the provisions of chapter
120.
Section 41. Subsection III of section 373.414, Florida
Statutes, is amended to reads
373.414 Wetlands.--


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MB 1281


*turzues-wo-wuaun- n e-oparmrunu -.-uezvrw-un
responsiblHty-fer-administrettion-of-its -sterm ater-ruleT Each
water manaeMnt district shall adopt a rule which establishes
specific permitting criteria for certain small isolated
,Mtlands which are not within the jurisdiction of the
department for purposes of regulation of dredging and filling.
The rule shall includes
la) One or more size thresholds of isolated wetlands
below which impacts on fish and wildlife and their habitats
will not be considered. These thresholds shall be based on
biological and hydrological evidence that shows the fish and
wildlife values of such areas to be minimal
(b) Criteria for review of fish and wildlife and their
habitats for isolated wetlands larger than the minitmu sizes
s(c Criteria for the protection of threatened and
endangered species in isolated wetlands regardless of size and
land uses and
Idi Provisions for consideration of the cumulative and
offsite impacts of a project or projects.
Section 42. Section 373.416, Florida Statutes, is
amended to reads
373.416 Permits for maintenance or operation.--
(1 Except for the exemptions set forth in this part,
the governing board or-department nay require such permits and
impose such reasonable conditions as are necessary to assure
that the operation or maintenance of any dam, impoundment,
reservoir, appurtenant work, or works will not be inconsistent
with the overall objectives of the district and will not be
harmful to the water resources of the district.


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t42 Except as otherwise provided in as. 373.426 and
3731.429, a permit issued by the governing board eo-department
for, the maintenance or operation of a dam impoundment,
reservoir, appurtenant work, or works shall be permanent and
the sale or conveyance of such damn impoundeent, reservoirs
appurtenant work, oruorks or *'te land on which the same is
located, shall in no way affect the validity of the permit,
provided the owner in whose name the permit was granted
notifies the governing board or-department of such change of
ownership within 30 days of such transfer.
Section 43. Section 373.419, Florida Statutes, is
amended to read*
373.419 Completion report.--Nithin 0O days after the
completion of construction or alteration of any dam,
impoundment, reservoir, appurtenant work, or works, the
permnttee shall file a written statement of completion with
the governing board or-department. The governing board or
department shall designate the form of such statement and such
information as it shall require.
Section 44. Section 573.423, Florida Statutes. is
amended to reads
373.423 Inspection.--
Ill During the construction or alteration of any dans
lnpoundnent, reservoir, appurtenant work, or works, the
governing board or-department shall make at its expense such
periodic inspections as it deems necessary to ensure
confomity with the approved plans and specifications included
in the permit.
121 If during construction or alteration the governing
board er-department finds that the work is not being done in
accordance with the approved plans and specifications as
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CODING: Words stricken are deletions, words underlined are additions.


IB 1281


indicated in the permit, it shall give the pernittee written
notice stating with which particulars of the approved plans
and specifications the construction is not in compliance and
shall order immediate compliance with such plans and
specifiCtions.. The failure to act in.accordaneo with the
orders of the governing board er-department after receipt of
written notice shall result in the initiation of revocation
proceedings in accordance with s. 373.429.
13 Upon completion of the work, the executive
director of the district *r-the-Separtment-of-Envtrenental
legulatten-er-it-seueeesser-aleney shall have periodic
inspections made of permitted dams, reservoirs, impoundments,
appurtenant work, or works to protect the public health and
safety and the natural resources of the state. No person
shall retfse immediate entry or access to any authorized
representative of the governing board er-the-department who
requests entry for purposes of such inspection and presents
appropriate credentials.
Section 45. Subsection I1I of section 373.426, Florida
Statutes, is amended to reads
373.416 Abandonment.--
III Any owner of any dam, impoundment, reservoir,
appurtenant works or works wishing to abandon or remove such
work may first be required by the governing board or-the
department to obtain a permit to do so and may be required to
meet such reasonable conditions as are necessary to assure
that such abeadonment will not be inconsistent with the
overall objectives of the district.
Section 46. Section 373.429, Florida Statutes, is
amended to reads


I -- AMR










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M 1281


1 373.429 Revocation and modification of permits.--The
2 governing board er-the-department ay revoke or modify a
3 ermit at any time if it determines that a dam, impoundment,
4 reservoir, appurtenant work, or works has become a danger to
5 the public health or safety or if its operation has become
6 tinonsitteht with the objectives of the district. The
7 affected party may file a written petition for hearing no
8 later than 14 days after notice of revocation or modification
9 is served. If the executive director of the district or-the
10 division determines that the danger to the public i imminent,
11 he may order a temporary suspension of the construction,
12 alteration, or operation of the works until the hearing is
13 concluded, or may take such action as authorized under s.
14 373.439.
15 Section 47. Section 373.433, Florida Statutes, Is
16 amended to reads
17 373.433 Abatement.--Any dam, impoundment, reservoir,
18 appurtenant work, or works which violates the laws of this
19 state or which violates the standards of the governing board
20 or-the-department shall be declared a public nuisance. The
21 operation of such dam, impoundment, reservoir, appurtenant
22 work, or works may be enjoined by suit by the state or any of
23 its agencies or by a private citizen. The governing board or
24 the-department shall be a necessary party to any such suit.
25 Nothing herein shall be construed to conflict with the
26 provisions of s. 373.429.
27 Section 48. Section 373.436, Florida Statutes, is
28 amended to reads
29 373.436 Remedial measures.--
30 (11 Upon completion of any inspection provided for by
31 s. 373.423131, the executive director shall determine what
38

COOING: Words stricken are deletions; words underlined are additions.


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alterations or repairs are necessary and order that such
alterations and repairs shall be made within a time certain,
which shall be a reasonable time. The owner of such dam,
mpoundment, reservoir, appurtenant work, or works may file a
written petition for hearing before the governing board or-the
depertdnt no later thaw 14 days after s~ch order is served.
If, after such order becomes final, the owner shall fail to
make the specified alterations or repairs, the governing board
er-the-department nay, ints discretion, cause such
alterations or repairs to be made.
12 Any cost to the district or-the-department of
alterations or repairs made by it under the provisions of
subsection (1I shall be a lien against the property of the
landowner on whose lands the alterations or repairs are made
until the governing board er-department is reimbursed, with
reasonable interest and attorney's fees, for its costs.
Section 49. Section 373.439, Florida Statutes, is
amended to reads
373.439 Emergency measures.--
I I The executive director, with the concurrence of
the governing board, er-the-lepartment-e5-Envtrenmenta
Regulation shall immediately employ any remedial means to
protect life and property if either
as) The condition of any dam, impoundment, reservoir,
appurtenant work, or works is so dangerous to the safety of
life or property as not to permit time for the issuance and
enforcement of an order relative to maintenance or operation.
(b) Passing or imminent floods threaten the safety of
any dam, impoundment, reservoir, appurtenant work, or works.
(21 In applying the emergency measures provided for in
this section, the executive director er-the-Bepartment-of
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COOING: Words stricken are deletions words undrlined are additions.


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Florida house of Representatives 1988
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1 EnvireamenteIl-Ruatien may i n emergency do any of the
2 following
3 la) Lower the water level by releasing water from any
l4 Ipoundment or reservoir.
5 i 6 C6mipletel empty ti he ipoundment or reservoir.
6 lc Take such otler steps as my be essential to
7afepuard life,and property.
SI3 The executive director or-the-oepartmet-of
9 Environmental-egulatto shall continue in full charge and
10 control of such doa, ipoundment, reservoir, and Its
11 appurtenant works until they are rendered safe or the
12 emergency occasioning the action has ceased.
13 Section so. Section 373.603, Florida Statutes, is
14 mended to reads
15 373.603 Power to enforce.--The Department-es
16 Envlrementel-hes etbea-et -the governing board of any water
17 management district and any officer or agent thereof may
1 enforce any provision of this law or any rule or regulation
1 adopted and promulgated or order issued thereunder to the same
to extent as any peace officer is authorized to enforce the law.
21 Any officer or spent of amy such board may appear before any
22 magistrate empowered to iasue warrants In orimlnal cases and
23 make an affidavit and applyfor the issuance of a warrant in
4 the manner provided by laws and said magistrate, it such
25 affidavit shall allege the comisslon of as offense, shall
26 issue a warrant directed to any sheriff or deputy for the
27 arrest of any offender. The governina board shall establish
26 iaoentives to eacouramg the third-arty reeortin of
29 violaton The provisions of this section shall apply to the
3 Florida Hater Resources Act of 1972 to its entirety.
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Section SI. Section 373.609, Florida Statutes, is
mended to read
373.609 Enforcmesnt city and county officers to
assist.--It shall be the duty of every state and county
attorney, sheriff, police officer, and other appropriate city
and county official, upon request, to assist th-department,
the goverung' board of any water natgLment district, or any
local board, or any of their agents in the enforcement of the
provisions of this law and the rules and regulations adopted
thereunder.
Section St. Section 373.613, Florida Statutes, is
amended to read.
73.615 Penalties.--Any person who violates any
provision of this law or any rule, regulation or order adopted
or issud pursuant thereto is guilty of a misdemeanor of the
second degree, punishable as provided in a. 775.061 or s.
775.03. Sere fines are ued as the method of enforcement.
the averai ord shall ad t rules estabishinae srocedurea


for deterministthe amme e fines


Section S3. Sections 373.043 and 373.308. Florida
Statutes, are hereby resaled.
Section 56. M tuithataAdim tuhe revisions of the
Modulator S uset Act or of arn other revision of la w which
resides for review and reoonl in waordaone with a. 11.61I
Florida Statutes. *at, io s 37l.3tI-3l3.l4* Florida Statutes.


COOING: Hords stricken are deletionse words underlind are additions.


CODINOs Words stricken are deletiones wrds underli are a dditiou.









Florida House of Representatives 1988
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ani alandEssealed on October 1. 1988. and shall continue in


full fI e rara ARA eFF 4 A. LA4 A .


Section 56. Effective January l 1990, subsection 1ll)
of section 373.106, Florida Statutes, s amended to reader
373.106 Permit required for construction involving
Artificial re areM and "mndrgroend formatlon.--
III No construction may be begun on a project
involving artificial recharge or the intentional introduction
of water into any nderground formation except as permitted in
chapter 377, without the written permission of the governing
board of any water management district within which the
construction will take place. Such application shall contain
the detailed plans and specifications for the construction of
the project. Construction of a domestic or industrial
wastewater treatment facility uhich uses artificial rechar e,
wetlands overflow, or the intentional introduction of water
into an undar ound formation as a mmth d a uaf vooern


disposal shall be within the exclusive lurindiction of the
-. -- A. A- inxuK Kr uj .ov n -


Section 57. Effective January I, 1990, subsection t12
of section 403.061, Florida Statutes, is amended, subeoetions
t2l through 1301 are remembered as subsections 113S through
(311, respectively, and a new subsection 1tl is added to said
actionn to reader
403.061 Departments powers and duties.--The department
shall have the power and the duty to control and prohibit
pollution of air and water in accordance with the law and
rules and regulations adopted and promulgated by It and, for
this purpose, tos
2(t Hire only such employees as may be necessary to
effectuate the responsibilities of the department, and retain
42


Florida House of Representatives 1968
152-648-3-8


1 the" eamlovees by establishing career oaths for nuallfied
2 scientific ad enfortfcemt nersonnel to allow advancement in
5 salary and seniority in nonadinistrative Pmoitions, and by
4 establishing a pay grade for trial attorneys.
a 11I Maw& arlusive iuriadiction over methods of


a',


iihdustrial anld 'Iaeetio uaeewater treatmemi and disposal nnd


7 the am out of water remm reunred. Mastewater disposal


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but is not 12nited to. Ian eadines rapid


)I~ltratllom percozn'aou. ainuI orrvur-u


..A~A- Ut 1 4~** tiell


latection.
Section a5. Paragraph la of subsection Ita of section
403.121, Florida Statutes, is amended to reads
403.121 Enforcemeats procedures remedies.--The
department shall have the following judicial and
administrative remedies available to it for violations of this
chapters as specified in a. 403.161111.
Its Administrative remedies
)al The department may institute an administrative
proceeding to establish liability and to recover damages for
any injury to the air, waters, or property, including animal,
plant, or aquatic life, of the state caused by any violation.
The department nay order that the violator pay a specified sum
as damages to the state. The department shall adopt rules
which establish a procedure for determining the damages.
Judgment for the amount of damages determined by the
department say be entered in any court having jurisdiction
thereof and may be enforced as any other judgment. IbM
A--. -m kalal establish imncntives to encourage the third-


party reporting of violations.



43


COOING: Hords stricken are deletions; words underlined are additions.


CODING: Nords stricken are deletionss words undrlind are additions.


MB 1281


-~


I


............ .n


i ludes


ncr llr rr ~ r --- --


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_-------------


~ursrr m p~ ann sr1~-A~WM


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ISZ-84B-3-8


Ns 1281


NB It81


Florida House of Representatives 198
1S2-84B-3-8


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Section 59. Subsection 11I of section 253.665, Florida
Statutes, is amended, and subsection (4) is added to said
section, to reads
253.665 Grant of asements, licenses, and leases.--
11 Notwithstanding the provisions of s. 253.O2121.
the Board of Trustees of the Internal Iproveent Trust Fund
of this state is authorized and empowered. and directed to
adoet rules to take effect not later than Oetober 1. lae.


nuthorfizin the reseectiwe water manaaeeent die&..4nCe


heada2dadL hubmit La 12ERA te Satxs d


and to act on its behalf in making a grant unto riparian
owners as herein defined, their heirs, successors and assigns,
perpetual easements and easaemnts, licenses and leases for
specified terms of years, permitting such riparian owners,
their heirs, successors and assins, to construct, maintain
and operate structures and facilities one in and under the bed
of any navigable stream or any river owned in whole or in part
by the state, for the purpose of providing water of a suitable
quality for industrial, domestic or other use provided,
however, any instrument granting such easement, lease or
license may contain provisions to the effect that such
structures and facilities shall be so constructed as not to
obstruct the channel of the stream or river or unreasonably
interfere with navigation, commerce or fishing theeon.
Beoinnina Januarny 1990. the board. on its w mation u


initiate rewiew at eneb notion hi, n ante, oe.4rr A~h..


-4


To initiate reviews the board shall she notice to the water
annammanddistrict and the rAparian owner a f


such aetian. iflach review 4 iuitintl a ..4k. thin a..4..4,...


t revenues


U'


,i;


It
13


I 1
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16
17


141 otuithstandien the provisions of a. t53.0llhlllbi


S-


derived from _p-licatio* fee for the erast of


~Uurr- lluur.rd u~r unnr his seetie performed


by the water management districts as aets fr the boar--
btau ru cr : 1------t dl~trirt as aMemts for the board


The 1 w -materm--e-t districts shall retain


20 eroent. and the rematdemr shall be placed into the


Internal horovemeat Trust Fund.


Section 60. Effective January 1. 1990. sections
940 .. 40 1911. 403.91'. 443 913 403.914. 403.916. 403.918.


.(9 4%9.459h4%9? 0 7*4%94


,r9d1 4.&1-9. A391 4122 ...........
and 3 .927, Florida Statutes, shall he transferred to charter


Floriom atatMuE. --


A b.4i* heretofore


easated to the Desartmest of FaRviSonmetal Regulation under


asuch -as tio hall be trasferred to *the water management


districts.
Section 61. Effective Januarv 1. 1990. sections
4~s.es. 40s.931. 40. t. 403.933. 403.93S. 403.936. and


I


9&


are renushered as section s 975.499*


xlx.4tSl. IF373 tL 93 373,493S. 173A936. and


173.4938. Florida Statutes.
Section 6t. Section 3735.et5, Florida Statutes, is
created to read
173.0165 Ntlands dredain and fillies permitting
rles..-For ePrsoms of regulation df dredNinl and filling.
each water Maae e it district operation under the guidance of


th .me---r nt shall dMt rulMes between July 1969. and


0 *


30 the water management district board action shall not be
31 subject to appeal under a. 373.114.

44

CODING: Nords stricken are deletionsi words underlined *e additions.


. ur .one .L4..L~ f .~iiaeIt rules reltinaito


2" hiTih- r cnso idat ---itsee rues relat. i Ie
2e a-n-a-e-t and sto.-a of surfe- water with Permitting
29 criteri, for vgtland- Protected und- the Warren S. Ienderson


Wetlands Protection Act of 19* and for those isolated
wetlands Potected under a. 175.414. The rules shall strive


CODING: Nords stricken are deletionsa words underlined are additions.


-~----~~~-~ ~-----~ --- ------ -~~--


3I


ado rue to taeefc o ae hsOtbr1 t


........... mils


I


19 403


_
_


tv


11-- ----- -


|71. N]L man stte en anM v__u_ --=r "- = m li .. ... .


sumn www* nw, .


I&


I


Bein 3mur 2.19stebad nIsonntomv


--


--1 -1-m-t---- ray or- such... acio b awte ne tdi ri ,


l-


I- "


maaeet ititan h ipra werwti 3 aso


--









Florida House of Representatives 1968
152-48B-3-8


IB Ital


to achieve statewide uniformity and consistency, but allow for
regional vaulatio sm I -T.


... .. ....... .. ....ry of the d -p-rtme hal
3, r ev ienw the ru les u sin a ese fer l s8 e i s r aut o__ y msun-
to this chapter and _.on-ist---- revi-e au -tho v muran n *


-I
j


Chapter 17-40. Florida ahimistra~tive Cod". ueh owl.. k.112


'i"ot'take ef"'fko4 I" ieee


Section 63. Effective Jamery I, 1990, paragraph Id
of subsection (7) of section 378.50, Florida Statutes, is
amended to read,
378.503 Limestone reclamation performance standards.--
171 Resource extration wuich results In a amter body
shall provide one of the following shoreline treatments
(d) Slope requirements of the U.S. Army Corps of
Engineers or the water manas ant district Bepartment-of
EivronmetaMtoi-oru lmt -eMndele-Mterr-N e-m-lr -eaderdea
Netlindso-Proteetin-Aet-o.*f-e o.
Section 64. Effective January 1, 1990s subsection (I3
of section 403.265, Florida Statutes. is amended to reads
403.265 Peat minging peraitting.--
(S3 The department may adopt rules which are
consistent with the rules of the water mana-ement districts
covernina dredainm aid F1 ll1 4 A -...-. .4 ..--


23 listed-in-sv-405r9g to govern the mining of peat, including
24 stricter permitting and enforcement provisions for the mining
25 for sale or consumption of peat or peat soils within or
26 contiguous to the areas which have been designated as
27 Outstanding Florida Haters or which were under consideration
8 by the Enviromental Regulation Commission for such
29 designation on April 1, 1964.
30 Section 65. Effective January I, 1990. section
1 403.813, Florida Statutes, is renumbered as section 373.028,


SCOOING: Mords stricken are deletions; words underline are additions.


MB 1281


Florida House of Representatives 198M
152-84B-3-8


r-


S1 Florida Statutes, and subsection 11) and the introductory
2 paragraph and paragraphs Ibl, sel, lo), Ip), and Iq) of
Ssubsection t12 of said section are amended, to read$
4 IZI7.0 4e OS,8 Permits issued by water mnaaement
5 districts at-dtitriet-enterai exceptions.--
S....'" I I'l ch, water management 'district The-seertary is
7 authorized to adopt procedural rules providing for a short-
8 form application for, and issuance at-the-distriet-eanter of,
9 permits for certain activities. These activities shall
10 include the following and any others established by rules
11 la) Projects not exceeding 10,000 cubic yards of
12 material placed in or removed from the navigable waters of the
13 states
14 (b) Dockage or marina facilities not exceeding 30,000
S IS square feet of submerged lands)
16 lc) Mew seawalls or similar structures not exceeding
17 500 linear feet of shorelines
18 Id) The installation of buoys, signs, fences, ski
19 ramps, and fish attractors by the Florida Game and Fresh Hater
20 Fish Commissioni
t21 o The installation of subaqueous transmission and
22 distribution lines laid on, or embedded in, the bottoms of
23 waters of the. state carrying water, electricity, communication
24 cables, oil, and gas, except as exempted by paragraph la) or
25 paragraph In) of subsection 2)1 and
26 If) The performance for 10 years from the issuance of
27 the original permit, of maintenance dredging of permitted
28 navigation channels, port harbors, turning basins, and harbor
S29 berths. The Board of Trustees of the Internal Improvement
30 Trust Fund may fix and recover from the pernittee an aount
31 equal to the difference between the fair market value and the
47

COOING: Nords stricken are deletions words underlind are additions.


**


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152-848-3-8


NB 1281


1 actual cost of the maintenance dredging for material removed
2 during such maintenance dredging. Nowever, no charge shall be
3 exacted by the state for material removed during such
4 maintesoncedredgiLn by a public port authority. The roving
Party nay subsequently sellU.ch material. However, proceeds
6 from such sale that exceed the costs of malatensan dredging
'f" shll be ritted to th. siate and deposited in the lIternal
SImprovement Trust Fund.
9 Ii No permit under this chapter, chapter 0s Blp3,
10 chapter 61-691, Laws of Florida, or chapter 25tl4 or chapter
11 t1570t Laws of Florida, 1949, shall be required for activities
12 associated with the following types of projects however,
13 nothing in this subsection relieves an applicant fro any
14 requirement to obtain permission to use or ocupy lands ouned
15 by the Board of Trustees of the Internal improvement Trust
16 Fund or any water management district in its governmental or
17 proprietary capacity or fro complying with applicable local
1 pollution control programs authorized under this chapter or
1 other requirements of county and municipal governments
o (Ib) The installation and repair of moorin pilings and
21 dolphins associated with private docking facilities and the
22 installation of private docks, any of which docks,
23 1 Na 50s0 square foet or less of over-water surface
24 area for a dock which is located In an area designated as
2 Outstanding Florida Mnters or 1000 square feet or less of
26 over-water surface area for a dock which is located i n area
27 which 1s not designated as Outstanding Florida NHterst
t2 2. Is constructed on or held in place by pilings or is
2 a floating dock which is constructed so as not to involve
30 filling or dredging other than that necessary to install the
31 pilings
48
COOING: Nords stricken are deletions; words underlined are additions.


NB 1281


Florida louse of Representatives 1988
152-848-3-


0 1 3. Shall not substantially impede the flow of water or
2 create a navigational hazards
S 4. Is used for recreational, noncommercial activities
associated with the mooring or storage of boats and boat
S paraphernalia and
6 5. Is the sole dock constructed pursuant to this
7 exemption as measured along the shoreline for a distance of 63
8 feet, unless the parcel of land or individual lot as platted
9 is less than 65 foot in length along the shoreline, in which
10 case there may be one exempt dock allowed per parcel or lot.
11
t1 Nothing in this paragraph shall prohibit the water management
13 diJtro t department from taking appropriate enforcement action
14 pursunt to this chapter to abate or prohibit any activity
.', IS otherwise exempt from permitting pursuant to this paragraph If
16 the water anaement district department can demonstrate that
17 the exempted activity has caused water pollution in violation
18 of this chapter.
19 IsW The restoration of seawalls at their previous
20 locations or upland of, or within I foot waterward of, their
81 previous locations. However, this shall not affect the
22 permitting requirement of chapter 161, and water management
23 diltralc department rules shall clearly indicate that this
24 exception does not constitute an exception from the permitting
25 requirements of chapter 161.
26 to) The construction of private seawalls in waters of
27 the state where such construction is between and adjoins at
28 both ends existing seawalls, follows a continuous and uniform
S29 seawall construction line with the existing seawalls, is no
30 more than 150 feet in length, and does not violate existing
31 water quality standards, impede navigation, or affect flood
49

COOING: Nords stricken are deletions words udrlind are additions.


Ahm


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C
Florida House of Representatives 1988
152-848-3-8


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23
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NB 1281


control. However, this shall not affect the permitting
requirements of chapter 161, and water anaaement district
department rules shall clearly indicate that this exception
does not constitute an exception free the permitting
requirements of chapter 161.
Ip) The restoration of existing insect control
impoundment dikes which are less than 100 feet in length.
Such impoundments shall be connected to tidally influenced
waters for 6 months each year beginning September I and ending
February 28 if feasible or operated in accordance with an
impoundaent management plan approved by the water anaemennt
district department. A dike restoration say involve no more
dredging than is necessary to restore the dike to its original
design specifications. For the purposes of this paragraph,
restoration does not include maintenance of impoundment dikes
of operating insect control impoundeents.
Iq The construction, operation, or maintenance of
stormwater management facilities which are designed to serve
single family residential projects, including duplexes,
triplexes, and quadruplexes, if they are less than 10 acres
total land and have less than acres of impervious surface
and if the facilities
1. Comply with all regulations or ordinances
applicable to storwater management and adopted by a city or
county
2. Are not part of a larger common plan of development
or sales and
3. Discharge into a stornwater discharge facility
exempted or permitted by the department under this chapter 40}
which has sufficient capacity and treatment capability as
specified in this chapter and is owned, maintained, or
50


WB 1281


Florida Mouse of Representatives 1988
152-804-3-8


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to
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31


operated by a city, county, special district with drainage
responsibility, or water management 0listrict however, this
exemption does not authorize discharge to a facility without
the facility ower's prior written consent.
Section 66. Effective January I 1990, section
373.104, Florida Statutes, is created to reade
37.10 Permits for water a-.emeent district
rativities nsd rot ts.-M-ter .maagmEnt district activities
4c-*ts which. bein conducted by others. would reuirs a


10 ar -it -rseu to this chapter 'all be regulated by the
11 deiartatst uiai' the rnule which rwold be anmlied by the water
It SAArm at district to other Permit anlicants.
13 Sectioe 67. The transfer of the resMonsibilities
14 described in -eations 65 and 66 Lhall be -acamlished with the
KL _-__ tm A of athrE faArtnt of Enviromental IReulation and


MARSE .
6 1 A BABAAAAABLEli sast.La.122As..Ibs


tht.BSE -----
adviahility of the transfer of other water Prorams to the
uter m aMare-mat district shall be studied, and a
etermiatiso by the LMislature as to Ahether and to what
.extet such trmatfer sho'I.d e mad shall be completed by
October l 1992.
Section 6. Effective January 1, 1990, subsection (1)
of section 403.816, Florida Statutes, is amended to reads
403.016 Permits for maintenance dredging of deepwater
ports and beach restoration projects.-
1) The department shall establish a permit system
under this chapter and chapter 253 which provides for the
performances for up to 25 years from the issuance of the
original permit, of maintenance dredging of permitted
navigation channels, port harbors, turning basins, harbor
berths, and beach restoration projects approved pursuant to
51


COOING: mords stricken are deletions, words unvhrlir are additions.


i"


6.,


CODING: Nords stricken are deletionss words underli are M wlitiam.





*FI ,.Nose. of Repr sentatved .

l a House of eretiaj .- ,-aa,,
*I~tt'Q~- 196


13
is











11
1:


14
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19
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24


2
23


31
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NDB 1l1


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L


L MacI t w ter ma naement district shall adoet _
Nove'her 1a, 1969. and enforce effective January 1A-
rules whicv _onsolidate its rule. relate, to rlanaement and
storase of sUrfae eer th rules for the re...laio of

tomilater di .aforr. 1 o d -- i f t. .. ha.ta rff.

Florida Adainistratiue Code aIn Mate ra'e- B ent di-trict
which has ot d s for the reUlation of M torawater

until the water anaemn _ent district has adopted its rules.
UPon the adoPtion of stor ater rules by l ate r -nausa...


Fiorida louse of Represbt t tlves 198
15t-8B-3-8-


MB 2ItI


*I 1


--_--ict- the de--rtm-t -h-ll cease* its -ad-taistration of
M-as.er 17045. Florida AdJinistrative Codas.


Scthapter 163. No care shall be exacted by the state for
Material removed during such maiteanc dredging by a public
Sport authority except a4 provided in s. I73J.lOtl.i)f
403T8613#Ift4.
Section 69. Effective January i, 1990, paragraph Id)
of s b.. spt 11 ofs tiom n *. 4 9t Florida Statutes, to
amended to read,
403.9tl Permites duratloAo fees.--
(1)
Id) This subsection does not apply to any permit
issued pursuant to s. 37I.0tM ilI 403*lrJn349 4 or a.
403.816.
Section 70. Section 373.1735, Florida Statutes, is
created to read
373.1735 Stormuster regulatio.--
SII The Lewislature finds that the discharge
untr eatd stor-ater is a soure or p water mollutioa and
reeulres reaulation Therefore, we ater ansment
district shall adot and ada'inter a rora to va-rnst Mater
sollutioa by dischars e.r _-


geeotooo edb.~an9irlretiWI~e~thatteuiredbdro-*thor-

aam.4nsudan~lto-the eonstructiom)-fsU~-hei iti51


14


U, atim*ludeC thsenel te-? ned~thinar hieL ya Csue

26
g1 alWquLn-ed-Y~hedaprtheeutaMOnoeahb
22 uIresponsib~~L&4iy~9ots'mUMeteUmationaebe


23
" ,


r.. n-.rr-- *--.r------ -~

CII. ~,mtteae9.~U rfOV ~.t-teCA#bytbO


~I .e~~~nIots4~ gIl0!h


30
31


dlsit*h~dpt?(-.)"InC~ntsr~hallo~rrip~t

the-disrtrietv


CODING: ords stricken are deletionss words underlid are addition.


COOINaG: ords stricken are deletionsi words underlin are additions.


a. 12 P. auida f-oisttr-ia C2*i--- i -
3 Soetion 71. Effective Jainrys 1 1, 990 section
4 403.81t, Florida Statutes, is amended to reads
5 405.81t Delegatio of functions to water managent
6 distrts.- '
7 (1i 3l*e4--lt-dprtmlrt-r'I-* e-t-he*'h*te
8 mna emet-distrete-th-t-At-f--dst-*bed-ft&nm ledtly-d


10 and-detfee-ypeitiaia --**nt-"the-deiamstattea-* 'sefuiet
11 o0-Stoemt*or-kntev*
12t f--.Nhen.the-sto-wiater-rer -6s-dl e -to***-t*** o*i


I __


.-- ~r(~mr-l~n~C~-~k


L-- L -------- ---------


rmaer.


*' f*


..... L -UIY


e 11 -






C
Florida Mouse of Representatives I1MW
1S2-846S-3-8


C


1B 1261


F*"--In"-aMitot-*o-a*ny-fw ti-oi lodnltoed-Mndr
2 subseetitn-e 4, Nhoe the secretary determine that a water
3 management district has the financial and technical capability
to carry out water quality and other functions of the
S department, those powers, duties, and functions, or parts
"' thetHoft, My be contratdd 'or delegated to snuh water ,
7 management district. Any power, duties, and functions so
delegated shall be carried out in accordance with the rules,
Sregulation,. and standards of the department. Nothing
0 contained In this act shall be costrued to adversely affect
11 or divest any water management district of the power to levy
12 ad valorem taxes.
13 LZJ454 A delegation pursuant to this section may be
14 rescinded only i the secretary determine that euch
1 delegation Is not being carried out in accordance with the
16 rules of the department.
17 Section 7t. Effective January I, 1990, subsection I4)
1 of section 161.041, Florida Statutes, i amended to read.
19 161.041 Permit required.--
to 14) The department may, as a condition to the granting
21 of a permit under this sections, require aitilgtion, financial,
22 or other assurances acceptable to the department as may be
23 necessary to ensure performance of conditions of a permit or
2 enter into contractual agreements to best assure compliance
25 with any permit conditions. Such conditions shall be
26 consistent with scientific assessmnts and ren-- o nation
27 Made by the water mansennt district i its rp*MulatIl< *


surface water quality. The department may also require notice
of the permit conditions required and the contractual
agreements entered into pursuant to the provisions of this


54


MB 1281


Florida Nouse of Representatives 1968
152-6846--8


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subsection to be filed in the public records of the county in
which the permitted activity is located.
Section 73. Effective January t 1990, section 253.51,
Florida Statutes, is amended to reader
253.51 Oil and gas leases on state lands by the board
of trubtees.--The Board of truatees of the Ihte~nal'
improvement Trust Fund is hereby authorized and empowered to
negotiate. sell, and convey leasehold estates in and to lands
the title to which is vested in any state board, department or
agency thereof or lands the title to which is vested in the
state with its control and management in any such board,
department or agency, for the purpose of the development
thereof, and the production therfrom, of oil and gas, to any
person, firm, corporation or association authorized to do
business in the state, upon such tnern and conditions as may
be agreed upon by the contracting parties, not inconsistent
with law and the provisions of the chapter. here oil and asn
lenses involve soverelsn submerged land or wetland areas
..&&ir _. 4 risdietion of the ater management districts.


scientific assesnsn ts nd recommendation of their technical
staff shall he bindiss in the evaluation of the terms and
onditions of the lease
Section 7. Effective January 1, 1990, subsection (3
of section 37.402, Florida Statutes, is amended to reads
78.402 Legislative findings and intent.--
13S The Legislature recognizes that where possible and
feasible the department should enter into memoranda of
understanding to eliminate duplication and maximize the
effectiveness of the regulatory process in the management and
protection of our natural resources. Duplication of
regulation for wetlands as defined in this chapter shall be


COOING: Words stricken are deletions) words undrli~ e are additions.


CODING: Nords stricken are deletions words underlind are additions.


--~LUIIII "L IT-`


1


I
>

L

















aIEEi-- uin5r --meimasmny districts is


3 the reclamation mrfor Masn ta*ndrdn.


Section 75. Effective January Is 1990, subection (43
Sof osction 378.503, Florida Statutes, ia amended to road, ,
378.503 Limestone reelamatieo performance stadards.--
45) IRelamation shall achieve the stormater,
drainage, wetlnds, and other surface and ground water
management requirements of the Department of Enviroemental
Regulation and the appropriate water management district.
Scientific assessment and _re endatiom made as a mart of
such requirements shall b i iadin. in ,attieM erformace
standards.
Section 76. Effective January 1, 1990, subeection I1
of section 378.803, Florida Statutes, is amended to reads
378.803 Other resources reclamation performance
standards.--
1 ) Reclamation shall achieve the storawater,
drainage, wetlands, and other surface and groundwater
requirements of the Department of Environmental Regulation and
the appropriate water management district. acientifiR
assessments and reconmmedations made as ar as -o -


KIMirftentsn "all be bindin. in naiima m..#


.... ....o __ J -y
24 standards.
25 Section 77. The introductory paragraph of section
26 403.851, Florida Statutes, i amended to read.
27 403.851 Declaration of policy Intent.--It is the
28 policy of the state that the citizens of Florida *hall be
29 assured of the availability of safe drinking water.
30 Rkeoeft6ing-tirt-thi -poley-eoeempase-beth-.environme ta
31 and-publie-health-aspect.a It is the intent of the Legislature
56

COOING: Nords stricken are deletions, words underlined are additions.


IS 128l


Florida Mouse of Representatives 1968
152-848-3-8


&4'


a~nd recenmdr~A&4. b.k L rr


C-


Florida Nouse of Representatives 1988
152-848-3-8


NB 1281


MI --.


--


a


Iru


)rllrilr,~ *Y ~L- L-~--


- ---- ~


00


1 to provide a water supply program operated jointly by the
2 Department of Environmental RBeulation. This proaram may be
3 1dele-ted to a county health department or a local Pollution
4 control aroram under s. 40.182. -n--a-lead-eney-rle-*9
5 p*pa*-reoppeO! .btstr-e e- *rpoeiTru. -by-the-Bepartent
6 ef-.Nealth-eed-AehabAtt tve-Servteel-Mnd-ts-estt -neteding
7 eouety-health-departmenter-n-s-pportive-rele-wtth-speef ie
8 dutties-nd-responsibilities-of-tts-owr Nithout any
9 relinquitment of Florida's sovereign powers and
1l responsibilities to provide for the public health, public
11 safety, and public welfare of the people of Florida, the
12 Legislature intends
1I Section 78. Subsection (I) of section 403.852, Florida
114 Statutes, is amended to reads
15 403.852 Definitions.--As used in as. 403.850-403.864o
16 (1) "Department" means the Department of Environmental
17 Regulation, which i charged with the-primary responsibility
18 for the administration and implementation of the Florida Safe
19 Drinking Hater Act.
20 Section 79. The introductory paragraph of section
21 403.855, Florida Statutes, is amended to reads
22 403.855 Inminent hasards.--In-eeordinaton-with-the
23 Teparaent-e*-Neelth-and-Rhebilitative-Servie The
24 department, upon receipt of information from the Department of
2I5 health and Rehabilitative Services or other sources that a
26 contaminant which is present in, or is likely to enter, public
27 or private water supplies may present an imminent and
28 substantial danger to the public health, may take such actions
29 as it may deem necessary in order to protect the public
30 health. Department actions shall include, but are not limited
31 to,
57

CODING: Nords stricken are deletions; words underlined are additions.








Florida House of Representatives 198
352-848-3-8


HB Ital


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17
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19
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29
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the owner or operator of the system shall, as soon as
practicable, notify the local public health departments go
local pollution control Program- the department, and the
communications media serving the area served by the system of
that fact and of the extent, nature, and possible health
effects of such fact. Such notice shall also be given by the


MUMNi: Nnrij t ft~rim r a r. ,ip. a-..-e .%r"Pin i are additions.


HB 181


Florida House of Representatives 1988
15-8MB-3-8


I








I
1


I


S Section 80. Section 403.856, Florida Statutes, is
2 amended to reads

.3 8p03.56 Plan for emergency provision of water.--The
department shall adopt a adequate plan,-aeter-eeseetatea
Swth-the-Beperte.nt-e-Neati-and-embebhb atve-.erveees for
'the'pr6vislon 'of sat drinking water under emergency
Circumstances. INen, in the judgment of the department,
Emergency circumstances exist in the state with respect to a
need for safe drinking water, it may issue such rule or order
as it may deem necessary in order to provide such water where
it would not otherwise be available.
Section 81. Section 403.857, Florida Statutes, is
amended to reads
403.857 Notification of users akd regulatory
agencies.--Nhenever a public water supply systems
I13 Is not in compliance with the state primary and
secondary drinking water regulations,
t12 Fails to perform monitoring required by rules or
regulations adopted by the departments
31 Is subject to a variance granted for an inability
to meet a maximum contaminant level requirements
(4) Is subject to an exemptions or
IS) Falls to comply with the requirements prescribed
by a variance or exemption,


C- T`


1 owner or operator of the system by publication in a newspaper
2 of general circulation, as deteraned by the department,
3 within the area served by such water system at least once
4 every 3 months as long as the violation, variance, or
5 exemption continues. Such notice shall also be given with the
6 water'bills of the systo as 'long as the violation, variance,
7 or exemption continues, as follows if the water bills of a
8 public water system are issued at least as often as once every
9 3 months, such notice shall be included in at least one water
10 bill of the system for each customer every 3 months if the
11 system issues its water bills less often than once every 3
It months, such notice shall be included in each of the water
13 bills issued by the system for each customer. However, the
S4 provisions of this section notwithstanding, the department may
S prescribe by rule reasonable alternative notice requirements.
16 Section 82. Section 403.858, Florida Statutes, is
17 amended to reads
18 403.858 Inspections.--Any duly authorized
19 representative of the department or-of-the-Bepartaent-of
20 Nealtb-and-Rehabtlitative-Servtees may enter, take water
21 samples from, and inspect any property, premises, or place,
22 except a building which is used exclusively for a private
23 residence, on or at which a public water system is located or
24 is being constructed or installed, at any reasonable time, for
25 the purpose of ascertaining the state of compliance with the
26 law or with rules or orders of the department.
27 Section 83. Subsection (4) of section 403.859, Florida
s Statutes, is amended to reads
403.859 Prohibited acts.--The following acts and the
30 causing thereof are prohibited and are violations of this acts
31
59

CODING: Hords stricken are deletions words underlined are additions.








Florida House of Representatives 1988
152-84B-3-8


NB 121t


1 (41 Failure by a supplier of water to allow any duly
2 authorized representative of the department or-of-the
SBepartment-ef-nealth-and-lehabitative-Serviees to conduct
inspections pursuant to i. 403. 5.
5 Section a8. Subsections 191, 110), and 1141 of section
,, O03. 6I, Flprida Statuto are amended, and subsections (tol
7 through 162) are added to sid section, to reads
8 403.611 Departments powers and duties.-The department
Shall have the power and the duty to carry out the provisions
10 and purposes of this act and, for this purpose, tos
11 191 Require department or county health department or
12 local pollution control erosran review and approval of
13 complete plans ..,d specifications prior to the installation,
14 operation, alteration, or extension of any public water
15 system.
16 1101 Establish and maintain laboratories for
17 radiological, microbiological, and chemical analyses of water
1 samples from public water systems, which are iubmittd to suck
19 laboratories for analysis. Copies of the reports of such


-A...... .. ,.. ..s .s.


m A. .LIe b L&A m


L- -I ..L-12 a- -


iU-tbe-Espartment-deermtnesl-rtht-e-aiie


as smeoreorry-wpaetstrsy-seFane-uwa-proeveo-ry-tme- eparmenmt
23 of-Neelth-and-sebabHiitetive-Berviees-is-neeeosery.
24 (141 Establish and collect fees for conducting state
25 laboratory analyses as nay be necessary, to be collected and
26 used by either the department er-the-Bepartnent-of-Nealth-end
27 Rehabiitttive-Serviaes in conducting its public water supply
28 laboratory functions.
29 1201 Reauire each delegated Procram to.


MB It81


Florida Iouse of Representatives 1988
152-84-3-8


1 ia) Collect such water samples for alnavals as may be
t resuired l t tes of this prt. from public water eysto

3 within Its irtedicties.
4 1bh Mbtit the collected ",tear sample to the
5 amroriate laboratory for analvasis
4 I 5ep> l' fkt"ia resort s of anamlyses for ita own records,
7 Id) CondCMt complaint investigation of public water
Ss systems to dote m cIM--lf .e with f -ral.h states. and local
9 standards and permit eiamllce.
10 Is) cMotif the a&rooPriate dieartment office of
11 nsatial vi-oltions of f-eadrl ot*te. nd lcal s standard


S.:
Is



16
17


19
to
21
22
23
24
25
26
27


21
36
31


and semn-it eaditioam by Publia water systems ad assist the
d -artmt is eafor ft actions with renamct to such
wvltios to t AM extern t racttc able.
IfI Reew ad evaluate laboratory analyses of Mter
-MIlM froM trie- water svytem.
t2i| ee-ire deleted programs toe
alt Rview and evaluate each application for the
structiol. m, -iiatie~. or ar-ioa of a Publia water
.__ ..-.-. m a Ili --a- with federal, state, and, local


.t.I.t leti of Muh revi end evaluation.

.the allocation shall be forw" to the department for final


b Review. evaluate. and arrove or disaM rove
ptplicatloon for the expansion of distribution systems.
Written notifiation of action taken on such applications
shall be ford toi the department.
to Maintaia iven tor, operational. and
bacteriological recrds and carrv out monitori,.
urvill e an'd sanitrry surve-s of public water systems t

61


COOING: Words stricken are deletions words ad~erlined are additions.


CODING: Hard* stricken are deletions$ words undarli are a dditions.


9

I








Florida Hose of Representatives 19M
152-848-3-8


iB 1281


ensure compliance with federal, state, and local re.ulations-.


l di P t


relating to driving water and ublie water systems
It2) &eouire delerated cror-ns to
a I Perfpra hbaterioloai cal analyses of water samples


subhittbd for analvsis.'" ..
lb) Submit coesm of the reorts of such analyses to
the department.
t1231 ake available to the central and branch
laboratories funds suffleri et ----a e


11 to carry out the public water smlv functions and
12 resonsibilities reeutred of such laboratories as provided in
13 this section.
14 4241 Have general suservision and control over all
19


Q inflhudad an this cart.


1251 Assist state and local mencies in the
determinat io and investigation of suspected waterborme
disease outbreaks. Includim diseases asseoia*ed .4 k_ -&


contaminant .
1 63 Upon request coasult with and advise may county
or municipal authority as a o 4 ter .
o l puum


]


23 Section 65. Subsections I(1, t12, 431, and 151 of
24 action 403.863, Florida Statute*, are amended to read.
25 403.863 State public water supply laboratory
26 certification progra.--
27 I(1 Nathin-tlO-dys-of-the.efftive.dae.of-gtha-s.
28 the-department-and-the-Bepartrnat-et-Health-ard-lehab6tattve*
29 Serve -shaL-f~entty-deeop-o-state-progr>-d The
90 department oe-Nealth-and-Rehabilitative-Services shall adopt
1 rules for the evaluation and certification of all laboratories
62


Florida House of Representatives 1988
152-M64-3-8


C
hB 1281


is the state, other that fe principal stae laboratory, which
perform or make application to perform analyses pursuant to
the Florida Safe Drkinkig Hater Act. Seeb-9e*at-devetpep-t
.n ...she-- a sh-_Lk-th-es-of~a-urtie-*-f-he


i State-PLtbe-a teor-Sarterm--' try aV -rro- rmn -wR -" ......
6 b ythe.rdl armthet-fr o-1-t-F4ed al-**vet*me*t-tb*-order -t
7 tmplement-the-fedeal-etwv
S 121t The department of-Moelth-ard-ARelSbiltative
9 Services shall have the responsibility fo the operation and
A ilplementation of the state laboratory certifiation program
II e*xeptthot aup-eea-mpoe*ttoa-of-tho-eveiet*on-mnd-revl w-*s
LL the-liebratett-y-eertiteat*-smpplcato"--te-evaIuattea-sh


17


I -arawar-ded-*aIenmw~tttO.dSint'bmrtm')


f*e-retoeo-anad -eemet,-prer-t-ftiat-apprvao-eor
dtoapproval.
IS) Ien the department deleates responsibility for
the operation and imp tation of the state laboratory


1U certification rram to a o natvy health unit or local
19 ollutioa control a eorm under a. 40.162. the dePartment
to shall also tran ter funds necessary to support the protraM.
21 A -fedkerm-r t-nds-reC ved-hy-the-depar tent-for the
2 epe rt.*M ad.--mpl em-tat*-ehe-tthe- te-oboratory
23- g*tiusieh-pbegmethalle-t- r-nsfered-tohe-Bpeartment
S.. ,..- ---I4.&b.-,,lt&th*-htMee-mby-l-tterMeny-o'remtoo


@4


COOING: Hords stricken are doletions; words underlined are additions.


4 w se-Mueet ------- -
fS betwemn-the*e* pertmeat -Sehefreenmet-shal-re tre-ith
26 department -ea-leBtbh-ad-elhabitIatetve-Serve l -te-PrtvIde
t7 tle-department-with-a-e'arter'y-aeeeent -"e "-thl-fMiads
traw ferredr
r| 15) For the purposes of this section, the term
30 "principal state laboratory" moans the central laboratory of
31 the department of-Hoealh-and-eheabilit tive-Services.
63

COOING: Mords stricken are deletions words underlied are additions.


I


a* 3L- --. M-MAh -


r)l I
r
i


va e wa er systems and al
d


--------- ---~~ -~-~~-~


I


--


-- -


hath


I


I







FU MB-ouse of Representatives 198
s1-84d8-3-8


hB Ita1


Section 86. Section 403.8635, Florida Statutes, is
2 mended to reads
3 403.8635 State drinking water ample laboratory
4 certification progr .--
5 Il In addition to certifying laboratories pursuant to
a* 403.863. the department *f-Iealth-ead-b.ahabilittie
SServiee i .authorized to establish a periodic certification
and approval program for laboratories that perform analyses of
drinking water samples, which program will assur the
3 acceptable quality, reliability, and validity of all testing
results.
t I The department if-NMeelth-end-thabilittutve
Serviee. has the responsibility for the operation and
implementation of laboratory certification pursuant to this
section e et ht-p-teeh6t,*mtone*vat-e6aed
ovow'-o*-en-apP-ittea-erok-bo ore-er-tlf ttlMoa h.e


theepa-rtmet-f*-EmvAreamente,-Ieieat*-.*-r ev .-,.,nd
**Hmeat-prt*r-t*-fiial-apprvnJl-*e-dt-pprelj.
I3 The department *e-Nmelth-ad-- rhabhi attive
Serves is authorized to charge and collect fes for the
evaluation and certification of laboratories pursuant to this
part. The fee schedule *hall be based on the nuber of
analytical functions for which certification is sought. Such
fees shall be sufficient to met the costs incurred by the
department ef-Nealth-and-ohabHlitative-Servi*es in the
administration and operation of this program. All fees shall
be deposited in a trust fund adnistatered-by-the-Beparteent-of
Ieaith-and-mehabilitative-Servoe, to be used for the sole
purpose of this section.


64


C
HB 1281


Florida House of Representatives 1968
152-848-3-8


9


COOING: Nords stricken are deletionsm words underlined are additions.


*1 Section 87. Section 403.864, Florida Statutes, is
2 ended to reads
3 403.864 Public water supply accounting program.-
4 11f It is the intest of the Legislature to require a
5 yearly accounting of funds, overhead, personnel, and property
6,I d by the department a-4the-SlPartmet-oef-' Ith- 'd
7 kehbilitative-Serviee and its units, including each of the
8 county health departments or delegated Proareas, in conducting
9 their respective responsibilities for the state public water
10 supply program. Such accounting shall be presented to the
11 Governor, the President of the Senate, and the Speaker of the
12 Nouse of Representatives by the department and-the-Department
13 eot-ealth-and-shabilitative-Bervies no later than February 1
14 of each year. The first accounting shall be due by February
0 I, 1979, and shall cover the state fiscal year 1978-1979.
16 (t2 In furtherance of this intent, the-lepartent-ef
17 Mealth-and-Behabilitative-Serviees the department, and the
18 Auditor general shall jointly develop an accounting program
19 for um by the department and-the-epartment-ef-Nealth-and
2tO e hmbiit*tive-Servioes and its units, including the county
21 health departments ad delemated roaraMs to determine the
tt funds, overhead, personnel, and property used by Abe
2S dmuartmunt eh-ef-the-deprtment in conducting its
24 respective public water supply functions and responsibilities
25 for each fiscal year. The accounting program shall provide
26 information sufficient to satisfy state auditing and federal
27 grant and aid reporting requirements and-shall-inelude
'8 peviaiean-reequirng-he-Bepartetne-of-NeaIth-and
hehabi*itathve-Serviee-teT
30 a4.--geeegte-fmre -an-aeeount ifn-tandpolntl-funds
$1 dataribated-te-eounty-hea th-departmnts-fer-peblte- water
65

COOING: Hords stricken are deletions words undrlind are additions.


at
is
19


__







FioLA House of Representatives 1988
ISZ-6oB-3-6


NB 1281


2 Fundav
3

5 Dee~tn5Ste~eath~ad~ehbi~~etie~sev~es.. -foods~i
'~ W ~-eke


w


12
13


14


17


ei


24
25
26
27
28
29
30
31


partia~ysw~th~9unds~atbfamedee~see.i.,


------- -- --- --r----wo-----wwwsummes-massa-ree-seen
23 feade-r***Aved-and-eaed-@*r-
pshlke-mater- f


SSection 88. Section 403.86,. Florida Statutes. is
hereby resealed.
Section 89. Section 381.261, Florida Statutes, is
amended to read
381.261 Supervisions private and certain public water
systems and individual sewage disposal systems.--The
Department of Health and Rehabilitative Services and its
agents shall have general supervision and control over all

66


COOING: Words stricken are deletions; words underline are additions.


HB 1281


Florida Nouse of Representatives 1988
152-848-3-8


1 private water systems. public water systems not covered or
2 included in the Florida Safte Drinking Hater Act Iss. 403.850-
3 401.866) and individual sewage disposal systems and-over-these
4 aspeet-a--the-pubIe-water-pply-pregra -for -tih-t-has
5 theo-det es-ad-respea*omsthttes-providted-odr'"-Aa-ser-486E"


7 Section 90. Subsection 19) of section 380.06, Florida
8 Statutes. Is amended, and paragraph 1h) is added to subsection
9 415 of said section, to reads
10 380.06 Developmente of regional iapact.--
11 i9) CONCEPTUAL AGENCY REVIEN.--
12 tall. In order to faclltate the planning and
15 preparation of permit applications for projects that undergo
14 development-of-regioal-imct review, and in. order to
15 coordinate the information required to issue such permits, all
16 I-avloe -- shall mundero a-develope-aey-e*e*****ett est
17 conceptual agency review under this subsection either
18 concurrently with development-of-regional-Itpact review and
19 comprehensive plan amendments, if applicable, unless the
20 da-.loter withdras from coM-e-tual agsacy review by giving
21 trittem ntlesr to the retlonal planning council no later than
22 2Lad or subsequent to a preapplication conference held
23 pursuant to subsection (7).
14 2. "Conceptual agency review" means general review of
25 the proposed location, densities, intensity of use, character,
26 and major design features of a proposed development required
27 to undergo review under this section for the purpose of
28 considering whether these aspects of the proposed development
V29 comply with the issuing agency's statutes and rules.
30 3. All agencies that may require a permit shall
31 Participate in co-ce-stual agency review, and such agencies
67

COOING: Hords stricken are delationss words undrlin are additions.


7w







Flori doue of Representatives 198 B 11
152-8tB-3-8 b I


NB 1281


Florida Nouse of Representatives 1988
ISZ-84-3-8


shall sartiisqte in the erealication conference. The
Sreiou l JanBnin concil shbll notify l .afRfe d -mriia
aacnles o.f tsch4ld re hition onerencs. T
4 developer *ay also nottiy sermittie seies and r.eeest
5 their participation.
4 '" or ^
"0 "* "*As a'* art oft 'the m0licati fote ap.vla_-oset ,


agaitual asrow or2 fao aocstrpatea^tie aor merati eRRti ait
for each seittng n si ted the W areal elaaing
10 5l to arts in the e htI rview troces. The
11 vel sll fl the aiat.r development ameroval

1 and & lI a en UcLy A Bs i a i ua s sRE s iA i c su bset io lI p.1
1The dveloeor shall forward tWhe aien y tmliations to thi

14 ressetive erirtti en tes withi I days thereafter. The
15 rebtona l an conl loduct at least oae meeting
16 at rvieuingr tac iu hema ad 60 days rafIr tb
17auslication-Iiled 1to1 review ta is'se asntis.
i 5. If a reviewing a_ en determines that the

Sconcetual review a_ -licatn insufflcet. It ma- request

additional information from the di-elcer. H, never the 9_--
2 dL time serio spotentld in d I .60t shll ant e tlled
22 The developer maeid the intorat oe or e .rt there
23 or inform' te maythat it ill nt lurnisb th inforation

2 The extent of aency review shall daseed UPON the ont of
information provided to the agency.




265
26 6. No later the 40 days after the r e nal alatmmins
27 nDcil sends notie to he local overcome t as retired h
2a Paragraph g103 1ci the aen shallorward a resort to the
29 Ameropriate reional slaia ouncl Setting out the agency's

30 cnlusin on sPtential d-velopnt iacts and statingP
31 other the agency has granted conestual arowal or intends


COoING: Hords stricken are deletions, words udjrlined are addition.


6,9


to crant comcesteal approval, uith or without conditions, or
to deny oeotual approval. If the aency intends to deny
concestual aesroval. the report shall tate the reasons


7. It the


aeny resort states that the ency ranted


,6 c..o tual Msroval. or has issued an intent to grant
7 comcestual aroval, the regional slamming council may comnt
8 em the reMio m implication of the concesteul asroval but
9 may mot make _oeflictim recommendations or finding. The
10 ree omal alansim council shall forward all agency reports to
11 the local overmnt with the regional resort rendered
It nrssu at to submetios tll. In considering the criteria of
13 lubse tion 114) for issuance of a development order, the local


Sii


MAW&rAmeat shall he guided he conventual agency approval Or
I


-1m.. r4.41- hin "agec Jurisdiction Th


&e COoeutsoe Or um u~vmlasmuur K5a inIrAA ~nr --- r


the 7eemOv reort 10es urnv cOnuzv-Irnmm uI I I


18 the local government's adopted comprehensive stan or land
19 development rem latiosn,
tO IJV ConAeptual agency review is a licensing action
21 subject to chapter ItO, and approval or denial constitutes
tt final agency actioal eept-t-tht- o-der-tim -ported
2S pe tnst- in-vr- TaeH -lw4--she --her- ed-*-the-fen"*r-twhen
24 the-ffeeted S fre-the-dve.lperr-pursrret-*-parehragph-E>ib4. Itah
t6 reviewing aemov fails to ce at colcestual review within
7 tlhe time -riod seritfied is s. Ito.60lth. the concestual


*10.t0.tl. It proposed agency action on the conceptual
approval is the subject of a proceeding under s. 120.57? final
agency action shall be conclusive as to any issues actually
69


*3.
31


COOINGS Hords stricken are deletionst words underlind are additions.


__


..


..


I


raurcurrt L~~1 Lo ridd bY oouowtuOIooooov ~rov~.or


urrlr sr trrur ulMlr (br urrav'r ~clrid~e~lor. 'fho


Ja ....


-- ------rr_


I~M~~ dl\l bn ~-Y1l ~I)I)Z~VI~ to CCOI~~C Ylth 1






Flori house of Representatives 19
152-MB-3-8


NB t121


I raised and adjudicated in the proceeding, and such issues may
e aot be raised in any subsequent proceeding under s. 120.57 on
I the proposed development by any parties to the prior
4 proceeding. The aenacy may require the develops to publish
Notice of wrooseod aenYv action is Accordance with -.
S 40.; 2.!9., .. ... .i ... ... .
L 2.v A conceptual agency review approval shall be
Svalid for up to 10 years, unless otherwise provided in a state
or regional agency rule, and ay be reviewed and reissued for
Additional periods of time under procedures established by the
agency.
S tb By July I, 1=r 1966, the Department of
Environmental Regulation, eac water management district, and
other state or regional agencies that require constructloe or
operation permits shall establish by rule a set of procedures
necessary for conceptual agency review for the following
permitting activities within their respective regulatory
jurisdictional
I. The construction and operation of potential sources
of wateirpollution air sollutioe and haardous waste
telfd stonerater.
2. Dredging and filling activities.
3. The management and storage of surface waters.
The constreution and operation of works of the
district, only f a conceptual agency review approval is
requested under subparagraph I S.

Any state or regional agency may establish rules for
conceptual faenay review for any other permitting activities
within its respective regulatory jurisdiction.


3
41



7


10

11
12
It
it


17
Ila


23
24

26
27


)
to

30
31


Florida Nouse of Representatives 1988
152-8B-3-8


NB 1281


e)il. Each agency participating in conceptual agency
reviews shall determine and establish by rule its information
and application requirements and furnish these requirement to
the state land planning agency and to any developer seeking
conceptual agency review under this subsection.
.. -2 Each'agency shill cooperated' with' e state land
planning agency to standardise, to the extent possible, review
procedures data requirements, and data collection
methodologies ang all participating agencies, consistent
with the requirements of the statutes that establish the
permitting programs for each agency.
Md4--At-te-ee* asne*ae-o-the-eeep**ual-ageney-revtews
**.#-*u--kl -*v-*otte-er-*t-s e -p oed-B*enc-netton -n


required-by-sl6OFev 4-and-sihall-orward-a-py-rof-the
iiette*o-the-s-ppeprtats-reF esa o -planntng-eeene-with-a
eet-*rtap-eet-the-ageney*sd-neres eas- pen-p*tential
dvepermt-t*pate-ad-steartin lthether-the-ageney-Antends-te
-a.I..mnaesa.p-- rpvel-uth-er-wttheereut-endtttans-r-to


-I"- --*---


19 denyo-elespUt-apprvalw "--gf e-t*Lae se-mn"n-wta-mnrT
20 **W**lpt1--appreval-te-1repert"shal-state-the-reases
21 thefee.--.-*ney -yeerem-the-deuveoper-*e-publsh
*1 u ewee.- endet*F- --U v-eaot-i -aeeerdanee-with-sT


1d)I+ An agency's decision to grant conceptual
approval shall not relieve the developer of the requirement to
obtain a permit and to met the. standards for issuance of a
construction or operation permit or to meet the agency's
information requirements for such a permit. Nevertheless,
there hall he a rebuttable presumption that the developer is
entitled to receive a construction or operation permit for an
activity for which the agency granted conceptual review
71


CODING: Nords stricken are deletions$ words underlind are additions.


___


.7


CODING: Nords stricken are deletions; words undorlind are additions.







F -4- Nous" of Representatives 198
152-84d-3-8


IB 12a1


ChIh


Florida House of Representatives 198
152-84B-3-8


1
i


4
5I


7








is
12
13
14

19

15



1
20
21


approval, to the extent that the project for which the
applicant seeks a permit is in accordance with the conceptual
approval and with the agency's standards and criteria for
iassing a construction or operation permit. The agency may
revoke or appropriately modify a valid conceptual approval if
'th 'ag'fey'shovse .... ,I, ,
1. That a dvelopr an-applisant or his agent has
submitted materially false or inaccurate information inA the
application for conceptual approvals
2. That the developer has violated a condition of the
conceptual approvals or
3. That the development will cause a violation of the
agency's applicable laws or rules.
144 NIothing contained in thin subsection shall
modify or abridge the law of vested rights or estoppel.
l1614 Nothing contained in this subsection shall be
construed to preclude an agency from adopting rules for
conceptal review for developments which are not developments
of regional pact.
Il The developer say. in his discretion, *lect to
submit a oamlete wrmt aslication ad receive a full permit
revlow se44L A -- %_


66; ":se P Win .


*bb t* ~Y- LL5- -------__


& s *i A L


25 the coacentual review ur6eas established in this subsection
6 the Provisions of submnararah lal. 7 shall not anu to the
2 regional lannina council resort or the local sovernme-t
8 development orders provided. however. nothing in this section
29 shall be deemed to nullify such nrior concstual awn roval, and
50 no other right or benefit conferred under this chatter shall


I

t

3


4
5 '


.,


be affected by a developer's decision to withdraw from
wanestUal reviM under this section.
I IS) LOCAL GOVEMENrT DEVELU Kr ODER.--
Ith This chapter shall govern development review


-_1 o--- r v a-do' tion. All develeament


'.wrdir odditions shall 'U b oad' uon 'the loc* government's


AdBRISA.SSB.R
-


A A AAREBhathaJIan or land daxAAAAAABI


I...uA rn lal minI I~I~ cons ..- m --


*1


18

it
11



16




19


to he is coaliance withl the Local Governst ConSrnt ae


pleas.ina ad l n .evalopa-t bulat iona *At the loal


aovepwrat b lla not in e "'oedio s an develosenst-of-
reioa-l-l-ment develoe--t that the loca1 sovernulet could
not Iose on a similar non-dvelomenet-of-Mresionl-impact


develaeent.
Seatloa 91. 1 The Dnepartment of Caomunity Artair
I* rmated to -vi the aHlication for develowsnt *pprovwl


and the grocedral rules for develoment-of-rteional-aimact
review under Adelim s designed to _d-te the tyves and level
or information regirted to eliminate unnecessarV information
subhittals. The -desart-t sha initiate rulemakinL by
totober I. IM-,
its This section shall take affelt upon becaoin a

Iu.
Section 92. Except as otherwise provided herein, this
act shall take effect October It *19.









73


I


tS
at


26


27



50
31


COOING: Nords stricken are deletions words underlined are additions.


COOING: Words stricken are deletions words undarlind are additions.


I


dures


___,___.., ,-- LI1 Lur aulld


I
ML.


*A


11


u-- i-TMwwwr Jn a Bmewnwaj Trewas *rIT


o se the amelicatten de


-


m


. . Ii i






C


Florida House of Representatives 198
152-848-3-8


3B z121


m* HHH~m~--l----------------~.1
HOUSE SUMUARY
Revises various provisiobs relatit' to the management of
the water resources of th'state.
In the formulation of the state water use plan, requires
the Department of Elwironeatal elation to give due
considerstio to ts. rmotio o nboth ft ot
and plans and use ad reuA water o th lowest
.cetable quality fea the puosa aIntended and to the
devolopoet of innovative wethbd or water recycling,
enooraged by ineantivesa gfrted by the department.
Athorises governing boards of water anaant districts
to delegate powers and duties for adaiiatration of the
Florida Water ARsoureeo Aet of 197t to eomty and
municipal govereates under certain circumstances.
Provides for district remedies as an alternative to local
enforcosest of local provisions, and provides for
consolidation of district and local lawsuits against the
same party.
Provides that proviaons relating to permit application
fees of the water managaent districts and to permit
issued by the Department of Envireamental g ulation
purs nt to a local pollution control program Ahall not
affect the authority of any local government to establish
fee related to permits, iAl"ding. but not limited to,
the authority to establish tNh amoat of such fees.
Revises responsibilities with respect to the anagement
of water resoareas leader chapter 373. F.S. Gives the
water manaeamet districts authority and re o ability
for A lemetation and erforement ro proviaoIa relating
to the Florida Mater basources Act, conumptive sea
permittinga the regulation of water wells, and the
manaaFgeen and storage of surface waters. requires the
Department of Environmental Regulatio to adopt roles and
review procedures as necessary to adalanitor It
supervision of the water management districts. See bill
for details.
Provides that construction of a sewage treatment project
which uss artificial rehrge or th international
introduction of water into as underground formation a
method of wastewater disposal ball be within the
exclusive jurisdiction of the Dpartment of Eavironmental
Regulation rather than the local water management
district. Provides that the dpartamet shall have
exclusive jurisdiction over methods of wastewater
disposal and the amount of water rause required.
Directs the Board of Trustees of tho XIternal aIprovement
Trust Fund to adopt rules authorizing the respective
water management districts, beginning January 1, 390, to
serve a agents for the board and to act ia ts behalf in
granting riparian owners described easements, licenoo ,
and leases. Provides that the board, on its own motion,


Florida House of Representatives 19a
15Z-648-3-


4
5


I s


t
I


11



It


12
* 2

is




at







27



32
51


nay iititate review of such action by a wator management
district. Provides that revenues derived from
appliation fees for the grant of easements, licenses,
and loaes shall be divided between the water ana maoent
districts and the maternal Improvement Trust Fund in a
described manser.
Provides for transfer of jurisdiction over the Marren S.
Menderson Wetlands Protection Act of 19M from the
Department. of Eat viroe*aoul Igulatigo to wter .
-ngiiaeant district, ft ectlve January.1 19 99. Directs
water mana-gment districts to adopt rules to consolidate
dredgan and filling permitting Oriteria for wetlands
former protected uder said et, and for certain other
isolated wetlds, with district rules relating to
surface after management and storage. Provides for
issame of eviroees tal permits for ertain dredging
and filling projects, inol 4ag constractton or
maintenance of certain UrinasL soalla, transmission
lines and navigation chenaela, by water management
districts rather tha the Dpartet of Iatural
aesovrmes. Provides for suchtransfar of
responsibilities by January 1 99, and provides for a
study to determine the advisability of transferring other
water roram to the water management districts.
Provldes or issuance of permits for district projects by
the department.
Delaresa the intert of the Legislature that the discharge
of untreated stormaater is a source of water pollution
and requires roflation by water marement districts.
Directs each water aement district to adopt rules,
*ffective anuary I1 m a consolidating its rules
relating to management and storage of surface waters with
rules for the regulation of stormater discharges.
Requires that conditions for coastal construction permits
ed by the Department ot Nateral Resources be
consistent with scientific assessments and
recom edatton made by wter management districts in
egulattg srface water quality. Provides that where
oi and gas ~se iavolve severeinl aoerged lands or
wetland areas within the jurisdict on of the water
agement distriets, sentifi assessments and
rec etien4s of thei districts shall be binding In the
evalatie of the ters and conditions of the lease.
Provides that the districts' scientific assessments and
Sreeomeodate* Ishall be inding in setting reclamation
perfomane stodards with respect to the extraction of
I mestone and other resources.
Reviaes the Florida Safe Drinking Hater Act to provide
responsibility of the Department of Environmental
tulatees and remove joint responsibility of the
partamnt of Mealt nd Rehabilitative Services, for
operation of the state water aply program. Removes
Ldties and responibilities of o Department of Health
and rehabilitative Services with respect tot plans for
emergency provision of waters water sampling and
inspection of certain property) establishment of
laboratories for analysis of water samples analysis of
75


COOING: Nords stricken are delotionsi words undarlind are additions.


C

0 1281


- I F-, a


CODING: mords stricken ore doletiones words Lmodrli ore aa dditionis


I









Florida House of Representatives 196
ISt-SM--3-


MB 3283


les from te public water supply system the state
b tc water supply laboratory certification proares and
public water supply acountin program. Autores
deletion of certau resp oMibiltles the Derrtment
of Evirommeatal legflatio to county health de"rtments
or local pollution coatrl programs. ovides for
transfer of certain fulds for aolgaite program. See
bill for details.
Amends and revises growth M nagement rovisios wMich
relate to developmets ofa regional impact aa the
ceptU l agency review of deovlopment approval
coeurrely with th* develoament-eegiomal- mpact
review. Directs the Departm t of CommIity Affairs to
revise certain procedures. See ill for details.


11







7
8

01

11


COOING: Words stricken are deletions words uderline are additions.


I)


V r'viyp..


This pblication was produced at as average cost of 1.12 cents
sI gle age to 1ooli ar with tohe Wles and for
afo ma La m ers of the Legislature and the public.


I


I 1, ; ,




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