Title: HB 1281, House of Representatives
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00002870/00001
 Material Information
Title: HB 1281, House of Representatives
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: HB 1281, House of Representatives
General Note: Box 11, Folder 6 ( Environmental Efficiency Study Commission - 1988 ), Item 3
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002870
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












Florida House of Representatives 1988 HB 1281
By Representatives Wallace, Dantzler




1 A bill to be entitled
2 An act relating to water management) amending
3 s. 373.036, F.S.) adding elements for
4 consideration by the Department of
5 Environmental Regulation in the formulation of
6 the state water use plans amending a. 373.083,
7 F.S. authorizing water management .districts to
8 delegate certain powers and duties to local
9 governments; providing for district remedies as
10 an alternative to local enforcement of local
11 regulations, providing for consolidation of law
12 suits) amending ss. 373.109 and 403.182, F.S.,
13 relating to the authority of local governments
14 to set permit fees amending as. 373.016,
.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 Hater Resources Act of 1972Z
l18 providing for Department of Environmental
19 Regulatioh supervision of water management
20 disttictss providing additional department
21 duties) providing responsibility of water
22 management districts, and deleting certain
23 departweat responsibility, with respect to
24 saltwater barrier lies, minimum surface water
25 flows anc levels, Wind certification by a
26 professional engineer as a condition for
27 permitted activity; providing for certain
r8 district rules relating to personnel matters;
!9 authorizing the districts to enter into
30 interagency agtiemndts specifying additional
31 authority of the districts with respect to

ODIN: rds tr re dleions) words undelind raddii.1
CODING: Wordt etrieken are deletions) words underlined are additions.







Florida House of RepresentatiYe
152-48-3-8


HB 1281


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31


2

CODING: Hords stricken are deletions; words underlined are additional


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


water resources) provide for
district use of fine s ':s
enforcement, amendlJrw
373.209, 373.217, 373' 5 229
373.233, 373.236, .37 Fi 46
and 373.249, F.S., relt$IC tive uses
of water) providing res the water
management districts with pt i artesian
wells, implementation of colnIe U e
permits, including requirement, ad tions,
; j 4.. ,.
and applications therefore and du~rljtmo
1 11; -* I.. n I- ,
modification, renewal, and revocation thereof,
and declaration of a water shortage or
emergency) deleting certain responsibility of
the department; amending as. 373.303, 373.309,
373.323, 373.316, 373.319, 373.323, 373.326,
373.339. ,and 37S.342, F.S.; providing authority
of the water management districts relating to
the regulation of water wells) providing
responsibility of the districts, and deleting
certain department responsibility, with respect
to the construction, repair, abandonment, and
inspection of water wells, licensing of water
well contractors, and exemptions from
regulation) amending sJ. 373.406, 373.409,
373.413, 373.414, 373.416, 373.419, 373.423,
373.426, 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


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31


CODING: Hords stricken are deletions) words underlined are additions.


HB 1281


of the department, with respect to permits,
inspections, and requirements for the
construction, alteration, maintenance,
operation, or abandonment of any dam,
impoundment, reservoir, or appurtenant work or
works, exemptions from or revocation or
modification of permits, permitting criteria
for dredging and filling in certain wetlands,
and abatement actions and emergency measures)
amending as. 373.603 and 373.609, F.S.)
specifying enforcement authority of, and
requiring local enforcement assistance to, the
water management districts) deleting reference
to the department) amending s. 373.613, F.S.)
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 department)
repealing s. 373.308, F.S., relating to
department delegation to the districts of
programs for regulating water wells) saving as.
373.323-373.342, F.S., from Sunset repeal)
saving ss. 373.073-373.103, FS., from Sundown
repeal) amending s. 373.106, F.S.) providing
that construction of certain sewage treatment
projects are within the exclusive jurisdiction
of the Department of Environmental Regulation)
amending s. 403.061, F.S.) providing additional
powers and duties of the department) amending
s. 403.121, F.S.) providing enforcement
procedures) amending s. 253.665, F.S.)
3






Florida House of Representatives 1988
152-M45-3-8


1
2
3





7


9
10
11
12
13




16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31


HB 1281


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


requiring the Board of Trustees of the Internal
Improvement Trust Fund to adopt certain rules
with respect to the grant of eventss,
licenses, and leases to riparian owners
*.;4
authorizing the board to tape certain review
action providing a procedure for tea division
of fees from the grant of oeeaments, licenses,
and leaessi providing for future transfer of
powers and duties relating to the Harren S.
HNety Hetlands Protection Act of 1984 to
th~fl er4 n agmelnt districts) creating s.
373161 .- ir. acting water management
distit qeosolidate certain permitting
crl' A- liag and filling in wetlands
with' l ater management rules;
amendil$., 3 mad 403.265, F.S., to
confori L renumbering s. 403.813,
F.S. ) !trai &, Mhility for certain
environs! fal the Department of
Environmen thae after
management d :. 373.104,
F.S. provdip .L fpA P ssumqce of
permits for disfr p fj ie.fpr projects by
the department ?rviSdig a time frame
'* t. ?t .?": '* "
providing for a study to leteraine advisability
of transferring o~her water programs to the
water management di4triots; amending ss.
403.816 and 403.921, F.S.; correcting cross
references; creating s. 373.1735, F.S.;
providing legislative intent requiring water
management districts to adopt certain rules
4


S 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31


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


HB 1281


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.; conforming language
with respect to the delegation of functions by
the Department of Environmental Regulation to
water 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 s. 253.51, 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
lease) amending s. 378.402, F.S.) providing
legislative intent relating to duplication of
regulation for wetlands; amending as. 378.503
and 378.803, F.S., relating to setting certain
reclamation performance standards for limestone
and other resources amending ss. 403.851,
403.852, 403.855, 403.856, 403,857, 403.858,
403.859, 403.861, 403.863, 403.8635, and
403.864, F.S.) revising the Florida Safe
Drinking Hater Act) providing responsibility of
the Department of Environmental Regulation for
operation of the state water supply program)
authorizing delegation of certain
responsibilities to county health departments
or local pollution control programs) providing
5


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






Florida housee of Representatives 1988
152-84B3-8


HB 1281


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27


29
30
31


yI:


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


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


HB 1281


(i) The promotion of both water conservation as an
integral part of water management programs, rules, and plans
and the use and reuse of water of the lowest acceptable


quality Mr th u ose i tended


y y p rp n .
(1 ) The development of innovative methods of water
recyclines encouraged by incentives tranted by t t


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
inspections of property, establishment of
laboratories for analysis of water samples, 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 Department
of Health and Rehabilitative Servicess amending
s. 381.261, F.S., to conform; amending s.
380.06, F.S, relating to developments of
regional impacts revising provisions which
relate to conceptual agency review of
development approval concurrently with
development-of-regional-impact review)
providing procedure for the reviewing agency
.,, 4 -4
and for development order adoptions directing
the Department of Comannity Affairs to revise
certain procedures) providing effective dates.


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


Section 1. Paragraphs li) and (j) are added to
subsection (2) of section 373.036, Florida Statutes, to read,
373.036 State water use plan.--
(2) In the formulation of the state water use plan,
the department shall give due consideration tos


board.--
(1) In addition to other powers and duties allowed it
by law, the governing board is authorized to:
WaJ44 Contract with public agencies, private
corporations, or other persons) sue and be sued) and appoint
and remove agents and employees, including specialists and
consultants.
hbt-24 Issue orders to implement or enforce any of the
provisions of this chapter or regulations thereunder.
igJ34 Make surveys and investigations of the water
supply and resources of the district and cooperate with other
governmental agencies in similar activities.
(2)(a) The covernina 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
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
necessary or desirable. Such a delegation shall be made only


if the governing board determines that the county's or


30 manidPality's Proaram


for administerine the de d


31 statute, rule, or regulations
7

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


Section 2. Section 373.083, Florida Statutes, is
amended to read
373.083 General powers and duties of the governing


. --


""'~~'






Florida House of Representatives 1988 HB 1281
1 S-tB-3-8





1 1. Provides by ordinance, regulation, or local law for
2 requirements compatible uith or strijgt or more extensivA
3 than those imposed by the sti titea the rules and regulations
4 adopted pursuaht thereto.
5 2. Provides for the infora*Wha Wof such requirements
6 by approifia e adBinimtrativB andl jkicit l rocesses.
7 Provgidef for adfinfllMiv le aanization. staff.
:.A oa i-Ma.ta and other resources nedessirv to effectively and


9 effiioWLafty mare such requirements.
S "-' t i '1~--rifnw in this act shafrl Drevent any county or
I muinat ... ... -- .from enforcing the county's or
2 m, M-lf t d ralneeas. rau.ationl. or orders. All
3 r-ead fIM& S- Etl"% S "A -ent districts under this chapter
A .~.IA- JS ae.rrnative to loal enforcement

_, Tt..~ bla, -fif n1.ulat1on, or order. When the


ad a local program institute


same party for violation of a


dltatihon, ordinance, or order


...... AS.MS A3AIZ4.I, -
2eate d
20 aria I a '14 "'ut g hal-e oen ns oi sted
21 when PMsAU L
22 Secta left ttrAtj"' jft 6, Florida Statutes, is
23 amended tcr *
24 hfie tlees.--When a water
25 management AdIplements a permit system
26 under this ben delegated to it
27 pursuant to s.'illb lish a schedule of fees
28 for filing appf idttWrdr pe permits. While such
29 fees shall ,(at.l ...i*.b. h -dtistriet for processing
30 the applicatleL the cost of
31 1m.itort the r',w-1,nit- according toa

C1u

CODING: words tri4e .are atinst Word underlined are additions.

._. *..


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


HB 1281


schedule set in s. 403.087. However, permit fees shall not be
required from any governmental entity.
(I1 All moneys received under the provisions of this
section shall be allocated for the use of the water management
district and shall be in addition to moneys otherwise
appropriated in any general appropriation act.
(2) The failure of any person to pay the fees
established hereunder constitutes grounds for revocation or
denial of his permit.


Nothing herein shall affect the authority of local governments


Ito establish fees relatina t i


ne. but not


limited to. the authority to establish the amount of such


Section 4. Subsection (10) is added to section
403.182, Florida Statutes, to read;
403.182 Local pollution control programs.--
(10) Nothing herein shall affect the authority of


local governments to establish fees relating to permitas
including but not limited to, the authority to e i


.h the


21 amount of such fees.
22 Section 5. Subsection 133 of section 373.016, Florida
23 Statutes, is amended to read
24 373.016 Declaration of policy.--
25 (31 The Legislature recognizes that the water resource
26 problems of the state vary from region to region, both in
27 magnitude and complexity. It is therefore the intent of the
28 Legislature to vest in the Department of Environmental
Regulation or its successor agency the power and
30 responsibility to accomplish the conservation, protection,
31 management, and control of the waters of the state and with

9

CODING: Words stricken are deletions words underlined are additions.


-






HB 1281


Frla t se of Representatives 1988
IUt.. II "


sufficient flexibility and discretion to accomplish these ends
through a.PerviSiLn of deiegation-el-apprepyrate-powers-to the
various water management districts. The department shall
ado l and enforce such rules and review procedures as may be


ar ranueniant to administer ttsumervisorv role


54


6


8
9
10
11
12
13
14
16
16
17
18
19
20
21.
22
23
24
25
26
27
28
29
30
31


t


CODING: Words stricken are deletions) words underlined are addition


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


HB 1281


maintain, and administer a statewide environmental resources
data bank, and act as a clearing house for environmental
information,
I11) Establish a research institute to design and
administer a comprehensive research program on environmental


issues of


to the Lenisln+nra s..A .44.


Universities, agencies, local governments. and private firms
may be eligible, individually or cooperatively, to Participate


in the institute's resear m


The roaram hall b


funded by an annual transfer of 30 percent of the balance of


the Florida Permit Fee Trust Fund described in s 405 08 1


over the water management districts. The-department-may
exeretse-any-pewer-herein-autherieed-to-be-exeretsed-by-a
water-management-distriett-however-te-the-greatest-extent
praetleable-sueh-power-should-be-delegated-te-the-governing
beard-eo-a-water-management-distriet'
Section 6. Subsection (7) of section 373.026, Florida
Statutes, is amended, and subsections 110) and (111 are added
to said section, to reads
373.81t General powers and duties of the department.-
The Department of Environmental Regulation, or its successor
agency, shall be responsible for the administration of this
chapter at the state level. However, it is the policy of the
state that, to the greatest extent possible, the department
may enter into ihteragency or interlocal agreements with any
other stat asg by, aEy water management district, or any
local Vferiden 'bnhducting programs related to or materially
affectilf the water resources of the state. All such
agreements shall be subject to the provisions of s. 373.046.
In addition to its other powers and duties, the department
shall, to the greatest extent possibles
(7) Exercise general supervisory authority over all
water management districts. The-departmet-may-exercise-any
power-herei-autthot ed-to-be-exeeised-by-a-water-managee nt
distrstet
10)I Harshall the state's many research resources to


12 Section 7. Section 373.029Y Florida Statutep, is
13 renumbered as section 403.0623, Florida Statutes.
14 Section 8. Subsections (1), (2), (3),,and (4) pf
15 section 373.033, Florida Statutes, are amended to reads
16 373.033 Saltwater barrier line.--
17 (1) The goyerning board of any water management
18 district department may, at the request of the board of county
19 commissioners of any countyT-at-the-request-el-the-poverqinf
20 beard-ef-any-water-management-distriaet or any municipality or
21 water district responsible for the protection of a public
22 water supply, or, having determined by adoption of an
23 appropriate resolution that saltwater intrusion has become a
24 matter of emergency proportions, by its own initiative,
25 establish generally along the seacoast, inland from the
26 seashore and within the limits of the area within which the
27 petitioning board has jurisdiction, a saltwater barrier line
28 inland of which no canal shall be constructed or enlarged, and
29 no natural stream shall be deepened or enlarged, which shall
30 discharge into tidal waters without a dam, control structure
31 or spillway at or seaward of the saltwater barrier line, which

11

CODING: Hords stricken are deletions) words underlined are additions.


pn~1 epleeieinmakina Process. and establish.


-~~- --^


ces y


~n~nri~~


sy......I


.' s" e"` -~- Y ~ U 5 IY I I I~1


-


aga AMe ZUvIroXUWMU M X --


1 I~~ ~~l~~A~ml


I






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


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24


26
27
28
29
30
31


HB 1281


shall prevent the movement of salt water inland of the
saltwater barrier line. Provided, however, that the governing
boar department is authorized, in cases where saltwater
intrusion is not a problem, to waive the requirement of a
barrier structure by specific pefrhit to construct a canal
crossing the saltwater' barriet-linae without a protective
device and provided, futthior'tv:- the agency petitioning for
the establishment Of the saltwater barrier line shall concur
in the waiver.
121 Application by a board county commissioners or
by the go~epaftg board o6 a-water-mahagement-distriet, a
municipality d a water district for the establishment of a
saltwater barrier line shall be made by adoption of an
appropriate resolution, agreeing to,
(a) Reimburse the water management district department
the cost of necessary investigation, including, but not
limited to, subsurface exploration by drilling, to determine
the proper location of the saltwater barrier line in that
county or in all or part 6o the district over which the-
applying agency has jurisdiction.
(b) Require compliance with the provisions of this law
by county or district force under their control) by those
individuals or corporations filing plates for record and by
individuals, corporations or agencies seeking authority to
discharge surface or subsurface drainage into tidal waters.
(3) The board of county commissioners of any county or
the governing board-of any water-management-dtstriet,
municipality or water district desiring to establish a
saltwater barrier line is authorized to reimburse the water
management district department for any expense entailed in
making an investigation to determine the proper location of


12

CODINGO: Nords strieken are deletions) words underlined are addition


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


HB 1281


1 the saltwater barrier line, from any funds available to them
2 for general administrative purposes.
3 14) The-department, Any board of county commissioners,
4 and the governing board of any water management district,
5 municipality, or water district having competent jurisdiction
6 over an area in which a saltwater barrier is established shall
7 be charged with the enforcement of the provisions of this
8 section, and authority for the maintenance of actions set
9 forth in s. 373.129 shall apply to this section.
10 Section 9. Section 373.039, Florida Statutes, is
11 renumbered as section 403.0618, Florida Statutes.
12 Section 10. Section 373.042, Florida Statutes, is
13 amended to read
14 373.042 Minimum flows and levels.--Within each
15 section, or the water management district as a whole, the
16 department-er the governing board shall establish the
17 following
S18 (1) Hinimum flow for all surface watercourses in the
V 19 area. The minimum flow for a given watercourse shall be the
i 20 limit at which further withdrawals would be significantly
21 harmful to the water resources or ecology of the area.
rI 22 (2) Minimum water level. The minimum water level
S23 shall be the level of ground water in an aquifer and the level
24 of surface water at which further withdrawals would be
25 significantly harmful to the water resources of the area.
26
S27 The minimum flow and minimum water level shall be calculated
, 28 by the-department-and the governing board using the best
29 information available. When appropriate, minimum flows and
30 levels may be calculated to reflect seasonal variations. The
31 department-and-the governing board shall also consider, and at

13

CODING: Words stricken are deletions) words underlined are additions.






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


HB 1281


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31


include a pay grade for trial attorneys,
Section 12. Subsection (1) of section 373.046, Florida
Statutes, is amended to read
373.046 Interagency agreements.--
(1) The department or the water management district
may enter into interagency agreements with or among any other
state agencies or water management 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
14


CODING: Words stricken are deletions) words underlined are additions.


KB 1281


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


their discretion may provide for, the protection of
nonconsumptive uses in the establishment of minimum flows and
levels.
Section 11. Section 373.044, Florida Statutes, is
amended to read
373.044 Rules and regulations; enforcement)
availability of personnel rules.--In administering this
chapter, the governing board of the district is authorized to
make and adopt reasonable rules, regulations, and orders which
are consistent with law) 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 Heekly. Personnel rules shall include a system
of career ladders which allow qualified scientific and
enforcement Personnel to advance in salary and seniority in
nonadministrative positions. Personnel rules shall also


1 provide such other relationships as may be deemed beneficial
2 to the public interest. Such interagency agreements shall be
3 promulgated in the same manner as rules and regulations,
4 subject to chapter 120. All state agencies and water
5 management districts conducting programs or exercising powers
6 relating to or affecting the water resources of the state are
7 hereby authorized to delegate such authority to the department
8 or any of the several water management districts pursuant to
9 such interagency agreements.
10 Section 13. Section 373.103, Florida Statutes, is
11 amended to read:
12 373.103 Additional powers which-may-be vested in the
13 governing boards board-at-the-departmentfa-discretion.--In
14 addition to the other powers and duties allowed it by law, the
15 governing boards of the beard-of-a water management districts
16 shall district-may be specifically authorized by-the
17 department to:
18 (1) Administer and enforce all provisions of this
19 chapter, including the permit systems established in parts II,
20 III, and IV of this chapter.
21 (2) Cooperate with the United States in the manner
22 provided by Congress for flood control, reclamation,
23 conservation, and allied purposes in protecting the
24 inhabitants, the land, and other property within the district
25 from the effects of a surplus or a deficiency of water when
26 the same may be beneficial to the public health, welfare,
27 safety, and utility.
28 (3) Plan, construct, operate, and maintain works of
29 the district as defined in this chapter.
30 (4) Determine, establish, and control the level of
31 waters to be maintained in all canals, lakes, rivers,
15

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


I







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


HB 1281


1 channels, reservoirs, streams, or other bodies of water
2 controlled by the district; to maintain such waters at the
3 levels so determined and established by means of dams, locks,
4 floodgates, dikes, and other structures) and to regulate the
5 discharge into, or withdrawal from, the canals, lakes, rivers,
6 channels, reservoirs, streams, or other bodies of water
7 controlled by the district or which are a work of the
8 districts including review of small watershed projects (Pub.
9 L. No. 83-566).
10 (S) Expend, at the discretion of the governing board,
11 for purposes of promotion, advertisement, and improvement of
12 the program and objectives of the district, a yearly sum not
13 to exceed 0.25 percent of the moneys collected by taxation
14 within the district.
15 (6) Exercise such additional power and authority
16 compatible with this chapter and other statutes and federal
17 laws affecting the district as may be necessary to perform
18 such duties and acts and to decide such matters and dispose of
19 the same as are not specifically defined in or covered by
20 statute.
21 (7) Prepare, in cooperation with the department, that
22 part of the state water use plan applicable to the district.
23 Section 14. Subsections (1) and (3) of section
24 373.117, Florida Statutes, are amended to reads
25 373.117 Certification by professional engineer.--
26 (1) If an application for a permit or license to
27 conduct an activity regulated under this chapter requires the
28 services of a professional engineer as regulated and defined
29 by chapter 471, the department-or governing board of a water
30 management district may require, as a condition of granting a
31 permit or license, that a professional engineer licensed under
16

CODING: Words strieken are deletionst words underlined are additions.


I1


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


HB 1281


1 chapter 471 certify upon completion of the permitted or
2 licensed activity that such activity has been completed in
3 substantial conformance with the plans and specifications
4 approved by the department-or board.
5 (3) No permitted or licensed activity which is
6 required to be so certified shall be placed into use or
7 operation until the professional engineer's certificate is
8 filed with the department-or board.
9 Section 15. *Subsection (1) of section 373.136, Florida
10 Statutes, is amended to read,
11 373.136 Enforcement of regulations and orders.--
12 11 The governing board may enforce its regulations
13 and orders adopted pursuant to this chapter, by suit for
14 injunction or other appropriate action in the courts of the
15 state. Hhere fines are used as a method of enforcement, the
16 governing board shall adopt rules which establish a procedure
17 for determining the fine.
18 Section 16. Subsection (3) of section 373.203, Florida
19 Statutes, is amended to read
20 373.203 Definitions.--
21 13) "Plugging" is defined as plugging, capping, or
22 otherwise controlling a well as deemed appropriate by-the
23 department-er by the appropriate water management district.
24 Section 17. Section 373.206, Florida Statutes, is
25 amended to reads
26 373.206 Artesian wells flow regulated.--Every person,
27 stock company, association, corporation, county, or
28 municipality owning or controlling the real estate upon which
29 is located a flowing artesian well in this state shall, within
30 90 days after June 15, 1953, provide each such well with a
31 valve capable of controlling the discharge from the well and

17

CODING: Words stricken are deletions words underlined are additions.


I







,.



,!'







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


HB 1281


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


1 shall 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, occupants or person in control of the land for
4 personal use and for conducting his business. Upon the
5 determination by the-Bepartment-of-Envirementae-ReCguation-or
6 the appropriate water management district that the water in an
7 artesian well is of such poor quality as to have an adverse
8 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 the department-or appropriate water management
12 district specifications for well plugging.
13 Section 18. Subsection (2) and paragraph (b) of
14 subsection (3) of section 373.209, Florida Statutes, are
15 amended to reads
16 373.209 Artesian wells) penalties for violation.--
17 (2) A well is exempt from the provisions of this
18 section unless the water management district Bepartment-of
19 Environmental-RegPelaton can show that the uncontrolled flow
20 of water from the well does not have a reasonable and
21 beneficial use, as defined in s, 373.019(5).
22 (3) 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
25 day 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 or-by-the-department in a suit in a court of competent
29 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.
18

CODING: Words stricken are deletions) words underlined are additions,


2
3
4
5
6
7
8
9
10
11
12
13
:14
*5
16
17
18
19
20
21
22
23
24
25
26
27



30
31


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-department by appropriate counsel. The payment
of any such damages does not impair or abridge any cause of
action which any person may have against the person violating
any provision of this section,
Section 19. Subsection (1) of section 373.217, Florida
Statutes, is amended to reads
373.217 Superseded laws and regulations.--
(1) It it the intent of the Legislature to provide a
means whereby reasonable programs for the issuance of permits
authorizing the consumptive use of particular quantities of
water may be implemented by the water management districts
author ed-by-the-Bepartment-of-Environmental-Regulateon,
subject to judicial review and also subject to review by the
Governor and Cabinet, sitting as the Land and Hater
Adjudicatory Commission as provided in s. 373.114.
Section 20. Section 373.219, Florida Statutes, is
amended to reads
373.219 Permits required.--
(1) The governing board or-the-department may require
such permits 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.
(2) In the event that any person shall file a
complaint with the governing board or-the-department that any
other person is making a diversion, withdrawal, impoundment,


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


HB 1281


... -------------~--iii~L~i~'~i---~-~







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


HB 1281


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
161
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31


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


or consumptive use of water not expressly exempted under the
provisions of this chapter and without a permit to do so, the
governing board er-the-department shall cause an investigation
to be made, and if the facts stated in the complaint are
verified the governing board or-the-department shall order the
discontinuance of the use.
Section 21. Subsections (2) and (3) of section
373.223, Florida Statutes, are amended to reads
373.223 Conditions for a permit.--
(2) The governing board or-the-department may
authorize the holder of a use permit to transport and use
ground or surface water beyond overlying land, across county
boundaries, or outside the watershed from which it is taken if
the governing board or-department determines that such
transport and use is consistent with the public interest, and
no local government phali adopt or enforce any law, ordinance,
rule, regulation, or order to the contrary.
(3) The governing board o-the-department, by
regulation, may reserve from use by permit applicants, water
in such locations and quantities, and for such seasons of the
year, as in its judgment may be required for the protection of
fish and wildlfe or toa public health and safety. Such
reservations shall be subject to periodic review and revision
in the light of changed conditions. However, all presently
existing legal uses of water shall be protected so long as
such use is not contrary to the public interest.
Section 22. Section 373.229, Florida Statutes, is
amended to reads
373.229 Application for permit.--


HB 1281


(1) All permit applications filed with the governing
board or-the-department under this part and notice thereof
required under s. 373.116 shall contains
(a) The name of the applicant and his address or, in
the case of a corporation, the address of its principal
business office)


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
"8

29
30
31


The date of filing;
The date set for a hearing, if any)
The source of the water supply)
The quantity-of water applied for)
The use to be made of the water and any
thereon
The place of use)
The location of the well or point of diversion)


and
(1) Such other information as the governing board or
the-department may deem necessary.
(2) The notice shall state that written objections to
the proposed permit may be filed with the governing board or
the-department by a specified date. The governing board or
the-department, at its discretion, may request further
information from either applicant or objectors, and a
reasonable time shall be allowed for such responses.
(3) If the proposed application is for less than
100,000 gallons per day, the governing board or-the-department
may 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 or-the-department, after proper investigation
by its staff, may, at its discretion, approve the application
without a hearing.


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


(b)
(c)
(d)
(e)
(f)
limitation
(g)
(h)


--- ---a


r .. ---------------------


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







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


HB 1281


1 Section 23. Section 373.233, Florida Statutes, is
2 amended to reads
3 373.233 Competing applications.--
4 (1) If two or more applications which otherwise comply
S with the provisions of this part are pending for a quantity of
6 water that is inadequate for both or all, or which for any
7 other reason are in conflict, the governing board or-the
8 department shall have the right to approve or modify the
9 application which best serves the public interest.
10 (2) In the event that two or more competing
11 applications qualify equally under the provisions of
12 subsection (1), the governing board er-the-department shall
13 give preference to a renewal application over an initial
14 application.
15 Section 24. Section 373.236, Florida Statutes, is
16 amended to read
17 373.236 Duration of permits.--
18 (1) Permits may be granted for any period of time not
19 exceeding 20 years. The governing board er-the-department may
20 base duration of permits on a reasonable system of
21 classification according to source of supply or type of use,
22 or both.
23 (2) The governing board or-the-department may
24 authorize a permit of duration of up to 50 years in the case
25 of a municipality or other governmental body or of a public
26 works or public service corporation where such a period is
27 required to provide for the retirement of bonds for the
28 construction of waterworks and waste disposal facilities.
29 Section 25. Subsection (2) of section 373.239, Florida
30 Statutes, is amended to reads
31 373.239 Modification and renewal of permit terms.--


Florida House of Representativess- 1988
152-848-3-8


HB 1281


1 (2) If the proposed modification involves water use of
2 100,000 gallons or more per day, the application shall be
3 treated under the provisions of s. 373.229 in the same manner
4 as the initial permit application. Otherwise, the governing
5 board or-the-department may at its discretion approve the
6 proposed modification without a hearing, provided the
7 permitted establishes that's
8 (a) A change in conditions has resulted in the water
9 allowed under the permit becoming inadequate for the
10 permitted's need, or
11 (b) The proposed modification would result in a more
12 efficient utilization of water than is possible under the
13 existing permit.
14 Section 26. Section 373.243, Florida Statutes, is
15 amended to reads
16 373.243 Revocation of permits.--The governing board or
17 the-department may revoke a permit as follows
18 (1) For any material false statement in an application
19 to continue, initiate, or modify a use, or for any material
20 false statement in any report or statement of fact required of
21 the user pursuant to the provisions of this chapter, the
22 governing board or-the-department may revoke the user's
23 permit, in whole or in part, permanently.
24 (2) For willful violation of the conditions of the
25 permit, the governing board or-the-department may permanently
26 or temporarily revoke the permit, in whole or in part.
27 (3) For violation of any provision of this chapter,
28 the governing board or-the-department may revoke the permit,
29 in whole or in part, for a period not to exceed I year.
30 (4) For nonuse of the water supply allowed by the
31 permit for a period of 2 years or more, the governing board or


CODING: Hords stricken are deletions) words underlined are additions.


CODING; Words stricken are deletions) words underlined are additions.:


I






HB 1281


HB 1281


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


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31


the-department may revoke the permit permanently and in whole
unless the user can prove that his nonuse was due to extreme
hardship caused by factors beyond his control.
(5) The governing board or-the-department may revoke a
permit, permanently and in wholes with the written consent of
the permitted.
Section 27. Subsections (1) through (7) of section
373.246, Florida Statutes, are amended to read,
373.246 Declaration of water shortage or emergency.--
(1) The governing board or-the-department by
regulation shall formulate a plan for implementation during
periods of water shortage. Copies of the water shortage plan
shall be submitted to the Speaker of 'the House of
Representatives and the President of the Senate no later than
October 31, 1983. As a part of this plan the governing board
or-the-department shall adopt a reasonable system of water-use
classification according to source of water supply) method of
extraction, withdrawal, or diversion) or use of water or a
combination thereof. The plan may include provisions for
variances and alternative measures to prevent undue hardship
and ensure equitable distribution of water resources.
(2) The governing board er-the-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
or will be available to meet the present and anticipated
requirements 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
be final agency action.
(3) In accordance with the plan adopted under
subsection (1), the governing board er-the-department may
24


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


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31


CODING: Words stricken are deletions) words underlined are additions.


CODING: Words stricken are deletions) words underlined are additions.


impose such restrictions on one or more classes of water uses
as may be necessary to protect the water resources of the area
from serious harm and to restore them to their previous
condition.
(4) A declaration of water shortage and any measures
adopted pursuant thereto may be rescinded by the governing
board or-the-department.
(5) When a water shortage is declared, the governing
board or-the-department shall cause notice thereof to be
published in a prominent place within a newspaper of general
circulation throughout the area. Publication of such notice
will serve as notice to all users in the area of the condition
of water shortage.
(6) The governing board or-the-department shall notify
each permitted in the district by regular mail of any change
in the condition of his permit or any suspension of his permit
or of any other restriction on his use of water for the
duration of the water shortage.
(71 If an emergency condition exists due to a water
shortage within any area of the district, and if the
departmentr-or the executive director of the district with the
concurrence of the governing board finds that the exercise of
powers under subsection 11) is not sufficient to protect the
public health, safety, or welfare} the health of animals, fish
or aquatic life) a public water supply) or recreational,
commercial, industrial, agricultural, or other reasonable
uses, it-or he may, pursuant to the provisions of s. 373.119,
issue emergency orders reciting the existence of such an
emergency and requiring that such action, including, but not
limited to, apportioning, rotating, limiting, or prohibiting
the use of the water resources of the district, be taken as
25


II __ _1__ I






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


HB 1281


1
2
3
4
S
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31


CODING: Words trieken are deletions; words underlined are additions.


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


NB 1281


the-department-or the executive director deems necessary to
meet the emergency.
Section 28. Section 373.249, Florida Statutes, is
amended to reads
373.249 Existing regulatory districts preserved.--The
enactment of this chapter shall not affect any existing water
regulatory districts pursuant to chapter 373, or orders issued
by said regulatory districts, unless specifically revoked,
modified, or amended by such regulatory district or-by-the
department.
Section 29. Subsection (1) of section 373.303, Florida
Statutes, is amended to reads
373.303 Definitions.--As used in this part, the terms
(1) "Abandoned water well" means a well the use of
which has been permanently discontinued. Any well shall be
deemed abandoned which is in such a state of disrepair, as
determined by a representative of the water management
district department, that continued use for the purpose of
obtaining ground water or disposing of water or liquid wastes
is impracticable.
Section 30. Section 373.309, Florida Statutes, is
amended to reads
373.309 Authority to adopt rules regulations, and
procedures.--Each water management district The-department
shall adopts and may from time to time amend, rules and
regulations governing the location, construction, repair, and
abandonment of water wells and shall be responsible for the
administration of this part. With respect thereto, it shall
(1) Enforce the provisions of this part and any rules
and regulations adopted pursuant thereto.


1 (2) Delegate, at its discretion, to any political
2 subdivision any of its authority under this part in the
3 administration of the rules and regulations adopted hereunder.
4 (3) Establish procedures and forms for the submission,
5 review, approval, and rejection of applications,
6 notifications, and reports required under this part.
7 (4) Require at its discretion the making and filing of
8 logs, and the saving of cuttings and cores, which shall be
9 delivered to the water management district department.
10 (5) Issue such additional regulations and take such
11 other actions as may be necessary to carry out the provisions
12 of this part.
13 Section 31. Section 373.313, Florida Statutes, is
14 amended to reads
15 373.313 Prior permission and notification.--
16 (1) Taking into consideration other applicable state
17 laws, in any geographical area where the water management
18 district department determines such permission to be
19 reasonably necessary to protect the ground water resources,
20 prior permission shall be obtained from the water management
21 district department for each of the followings
22 (a) The construction of any water well)
23 (b) The repair of any water well) or
24 (c) The abandonment of any water well.
25
26 However, in any area where undue hardship might arise by
27 reason of such requirement, prior permission will not be
.28 required.
'9 (2) The water management district department shall be
30 notified of any of the following whenever prior permission is
31 not required

27

CODING: Words stricken are deletions) words underlined are additions.


"- I"~






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


HE 1281


1 (a) The construction of any water well)
2 (b) The repair of any water well; or
3 (c) The abandonment of any water well.
4 Section 32. Section 373.316, Florida Statutes, is
5 amended to reads
6 373.316 Existing installations.--No well in existence
7 on the effective date of this part shall be required to
8 conform to the provisions of s. 373.313 or any rules or
9 regulations adopted pursuant thereto. However, any well now
10 or hereafter abandoned or repaired as defined in this part
11 shall be brought into compliance with the requirements of this
12 part and any applicable rules or regulations with respect to
13 abandonment of wells, and any well which is determined by the
14 water management district department to be a hazard to the
15 ground water resources must comply with the provisions of this
16 part and applicable rules and regulations within a reasonable
17 time after notification of such determination has been given.
18 Section 33. Section 373.319, Florida Statutes, is
19 amended to reads
20 373.319 Inspections.--
21 (1) The water management district department is
22 authorized to inspect any water well or abandoned water well.
23 Duly authorized representatives of the water management
24 district department may at reasonable times enter upon and
25 shall be given access to any premises for the purpose of such
26 inspection.
27 (2) If upon the basis of such inspections the water
28 management 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
31
28

CODINGi Words stricken are deletions) words underline are additions.


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


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31


HE 1281


be used until brought into compliance with the rules and
regulations promulgated under this law.
Section 34, Paragraphs (b), Id), (e), and (g) of
subsection (1) and paragraph (a) of subsection (2) of section
373.323, Florida Statutes, are amended to reads
373.323 Hater well contractor licenses) driller and
drilling equipment registration.--
(1) HATER HELL CONTRACTOR LICENSES.--
(b) Each water management district The-department may
adopt and from time to time amend rules and regulations
governing applications for water well contractor licenses.
The water management district shall license as a water well
contractor any person properly making application therefore who
is an adult for all legal purposes, has knowledge of rules and
regulations adopted under this part, and has had not less than
2 years' experience in the work for which he is applying for a
license. Each water management district The-department shall
prepare an examination which each such applicant must pass in
order to qualify for such license.
(d) Licenses issued pursuant to this section are not
transferable and shall expire on July 1 of each year. A
license may be renewed without examination for an ensuing year
by making application not later than 30 days after the
expiration date and paying the applicable fee. Such
application shall have the effect of extending the validity of
the current license until a new license is received or the
applicant is notified by the water management district
department that it has refused to renew his license. After
July 31 of each year, a license will be renewed only upon
application and payment of the applicable fee plus a penalty
of $50.

29


CODING: Words stricken are deletions) words underlined are additions.


I


__





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


HB 1281


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


1 (e) Whenever the department-er water management
2 district determines that the holder of any license issued
3 pursuant 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 suspend or revoke any 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
9 under the procedure provided in chapter 120 is filed sooner.
10 (g) NHe-ater-thana-OBetber-t,-984-the-department
11 shaI-delega-te-te-the-water-management-distrelts-the-powers
12 and-duaaes-ralating-te-proeessine-and-Lssuafg-watea-wet
13 eontraetor-HleensesT A license issued by any water management
14 district shall be valid anywhere in the state.
15 t() DRILLER AND DRILLING EQUIPMENT REGISTRATION.--
16 (a) Every person who operates drilling equipment for
17 the purpose of constructing wells shall register with each
18 water management district in which construction activity takes
19 place. The governing board shall, as minimum conditions of
20 such registration, requires
21 1. A written recommendation from a licensed water well
22 contractor verifying the status of the driller as an employee
23 of the contractor.
24 2. Demonstration of sufficient experience and
25 practical knowledge needed to operate drilling equipment of
26 the type to be used in actual well construction.
27 3. A written examination considered appropriate by the
28 board and designed to verify the driller's knowledge of
29 commonly accepted drilling practices and applicable rules of
30 the district and-the-department.
31
30

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


1 Section 35. Subsection (1) of section 373.326, Florida
2 Statutes, is amended to read;
3 373.326 Exemptions.--
4 (1) When the water management district department
5 finds that compliance with all requirements of this part would
6 result in undue hardship, an exemption from any one or more
7 such requirements may be granted by the water management
8 district department to the extent necessary to ameliorate such
9 undue hardship and to the extent such exemption can be granted
10 without impairing the intent and purpose of this part.
11 Section 36. Section 373.339, Florida Statutes, is
12 amended to reads
13 373.339 Existing regulations preserved.--The enactment
14 of this chapter shall not apply in any area where water wells
15 are regulated by a water regulatory district pursuant to the
16 authority of chapter 373 unless and until the water management
17 district department shall modify or revoke such regulations
18 and provide that such area will thereafter be governed by the
19 provisions of this part.
20 Section 37. Subsection (1) of section 373.342, Florida
21 Statutes, is amended to read:
22 373.342 Permits.--
23 (1) The governing board of any water regulatory
24 district which, pursuant to the authority of s. 373.339 or
25 pursuant to authority delegated to it by the water management
26 district department under sr-33r3098-or s. 373.309(2),
27 regulates water wells may in its discretion authorize its
28 executive director to issue permits for the construction,
29 repair, or modification of any water well.
30 Section 38. Subsection (4) of section 373.406, Florida
31 Statutes, is amended to reads
31

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


HB 1281


- I .ii)-L







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


HB 1281


1
2
3
4
5
6
7
8
9
10
11
12
13
14


16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31


CODING: Words stricken are deletions) words underlined are additions.


HB 1281


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


373.406 Exemptions.--The following exemptions shall
apply$
(4) All rights and restrictions set forth in this
section shall be enforced by the governing board er-the
Bepartment-e9-Environmental-Regelatien-er-its-sueeesser
agency, and nothing contained herein shall be construed to
establish a basis for a cause of action for private litigants.
Section 39. Subsections (1) and (2) of section
373.409, Florida Statutes, are amended to reads
373.409 Headgates, valves, and measuring devices.--
(1) The department-er-the governing board may, by
regulations require the owner of any dam, impoundment,
reservoir, appurtenant works or works subject to the
provisions of this part to install and maintain a substantial
and serviceable headgate or valve at the point designated by
the-department-or the governing board to measure the water
discharged or diverted.
(2) If any owner shall not have constructed or
installed such headgate or valve or such measuring device
within 60 days after the governing board or-department has
ordered its constructions the governing board oe-department
shall have such headgate, valves or measuring device
constructed or installed, and the costs of installing the
headgate, valves or measuring device shall be a lien against
the owner's land upon which such installation takes place
until the governing board er-department is reimbursed in full.
Section 40. Section 373.413, Florida Statutes, is
amended to reads
373.413 Permits for construction or alteration.--
(1) Except for the exemptions set forth herein, the
governing board er-the-department may require such permits and


1 impose such reasonable conditions as are necessary to assure
2 that the construction or alteration of any dam, impoundment,
3 reservoir, appurtenant work, or works will not be harmful to
4 the water resources of the district. The department-or-the
5 governing board may delineate areas within the district
6 wherein permits may be required.
7 (2) A person proposing to construct or alter a dam,
8 impoundment, reservoir, appurtenant work, or works subject to
9 such permit shall apply to the governing board or-department
10 for a permit authorizing such construction or alteration. The
11 application shall contain the followings
12 (a) Name and address of the applicant.
13 (b) Name and address of the owner or owners of the
14 land upon which the works are to be constructed and a legal
15 description of such land.
16 (c) Location of the work.
17 Id) Sketches of construction pending tentative
18 approval.
19 (e) Name and address of the person who prepared the
20 plans and specifications of construction.
21 (f) Name and address of the person who will construct
22 the proposed work.
23 (g) General purpose of the proposed work.
24 (h) Such other information as the governing board or
25 department may require.
26 (3) After receipt of an application for a permit, the
27 governing board or-department shall cause a notice thereof to
28 be published in a newspaper having general circulation within
29 the affected area. In addition, the governing board or
30 department shall send a copy of such notice to any person who
31 has filed a written request for notification of any pending
33

CODING: Hords stricken are deletions) words underlined are additions.


I _~~~=~ ~_~_____~~~_~~~ ____~___ ___ ~ __ _~~;_~-------------






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


HB 1281


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31


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


HB 1281


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


applications affecting the particular designated area. This
notice shall be sent by regular mail prior to the date of
publication. The notice shall contains
(a) The name and address of the applicant or, in the
case of a corporation, the address of its principal business
office)
(b) The date of filing;
(c) The date set for a hearing, if any;
(d) The source of the water to be contained)
(e) The quantity of water to be contained"
(f) The use to be made of the water and any limitation
thereons and
(g) Such other information as the governing board or
the-department may deem necessary.
(4) The notice provided for in subsection (3) 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 or-department, at its discretion,
may request further information from either applicant or
objectors, and a reasonable time shall be allowed for such
responses.
(5) If no substantial objection to the application is
received, the governing board or-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 (1) of section 373.414, Florida
Statutes, is amended to reads
373.414 Wetlands.--


34


1 (1) By-Mareh-3H-198T-for-these-water-management
2 distriots-to-whieh-the-depeartet-has-d.iegated-the
3 responsibility-for-administration-of-i s-stermwater-ruIeO Each
4 water management district shall adopt a rule which establishes
5 specific permitting criteria for certain small isolated
6 wetlands which are not within the jurisdiction of the
7 department for purposes of regulation of dredging and filling.
8 The rule shall includes
9 (a) One or more size thresholds of isolated wetlands
10 below which impacts on fish and wildlife and their habitats
11 will not be considered. These thresholds shall be based on
12 biological and hydrological evidence that shows the fish and
13 wildlife values of such areas to be minimal)
14 (b) Criteria for review of fish and wildlife and their
15 habitats for isolated wetlands larger than the minimum itzes
16 (c) Criteria for the protection of threatened and
17 endangered species in isolated wetlands regardless of size and
18 land use) and
19 (d) Provisions for consideration of the cumulative and
20 offsite impacts of a project or projects.
21 Section 42. Section 373.416, Florida Statutes, is
22 amended to reads
23 373.416 Permits for maintenance or operation.--
24 (1) Except for the exemptions set forth in this part,
25 the governing board or-department may require such permits and
26 impose such reasonable conditions as are necessary to assure
27 that the operation or maintenance of any dam, impoundment,
28 reservoir, appurtenant work, or works will not be inconsistent
29 with the overall objectives of the district and will not be
30 harmful to the water resources of the district.
31
35

CODING: Words stricken are deletions) words underlined are additions.






Florida House of Representatives 1988 HB 1281
152-848-3-8





1 (2) Except as otherwise provided in ss. 373.426 and
2 373.429, a permit issued by the governing board or-department
3 for the maintenance or operation of a dam, impoundment,
4 reservoir, appurtenant work, or works shall be permanent, and
5 the sale or conveyance of such dam, impoundment, reservoir,
6 appurtenant work, or works, or the land on which the same is
7 located, shall in no way affect the validity of the permit,
8 provided the owner in whose name the permit was granted
9 notifies the governing board or-department of such change of
10 ownership within 30 days of such transfer.
11 Section 43. Section 373.419, Florida Statutes, is
12 amended to reads
13 373.419 Completion report.-Within 30 days after the
14 completion of construction or alteration of any dam,
15 impoundment, reservoir, appurtenant work, or works, the
16 permitted shall file a written statement of completion with
17 the governing board or-department. The governing board or
18 department shall designate the form of such statement and such
19 information as it shall require.
20 Section 44. Section 373.423, Florida Statutes, is
21 amended to reads
22 373.423 Inspection.--
23 (1) During the construction or alteration of any dam,
24 impoundment, reservoir, appurtenant work, or works, the
25 governing board or-department shall make at its expense such
26 periodic inspections as it deems necessary to ensure
27 conformity with the approved plans and specifications included
28 in the permit.
29 (2) If during construction or alteration the governing
30 board er-department finds that the work is not being done in
31 accordance with the approved plans and specifications as
36

CODINGs Words strieken are deletions) words underlined are additions.


HB 1281


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


indicated in the permit, it shall give the permitted 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
specifications. The failure to act in accordance with the
orders of the governing board or-department after receipt of
written notice shall result in the initiation of revocation
proceedings in accordance with s. 373.429.
(3) Upon completion of the work, the executive
director of the district or-the-Bepartment-of-Env*ronmentaI
Reguwatien-or-i*s-saeeesser-ageney 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 refuse immediate entry or access to any authorized
representative of the governing board or-the-department who
requests entry for purposes of such inspection and presents
appropriate credentials.
Section 45. Subsection (1) of section 373.426, Florida
Statutes, is amended to reads
373.426 Abandonment.--
(1) Any owner of any dam, impoundment, reservoir,
appurtenant work, 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 abandonment will not be inconsistent with the
overall objectives of the district.
Section 46. Section 373.429, Florida Statutes, is
amended to reads


CODING; Words stricken are deletions; words underlined are additions.


I







Florida House of Representatives 1988
152-848-5-8


HB 1281


1
2
3
S 4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
S 27
28
29
30
31


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


373.429 Revocation and modification of permits.--The
governing board or-the-department may revoke or modify a
permit at any time if it determines that a dam, impoundment,
reservoir, appurtenant work, or works has become a danger to
the public.health or safety or if its operation has become
inconsistent with the objectives of the district. The
affected party may file a written petition for hearing no
later than 14 days after notice of revocation or modification
is served. If the executive director of the district or-the
division determines that the danger to the public is imminent,
he may order a temporary suspension of the construction,
alteration, or operation of the works until the hearing is
concluded, or may take such action as authorized under s.
373.439.
Section 47. Section 373.433, Florida Statutes, is
amended to read
373.433 Abatement.--Any dam, impoundment, reservoir,
appurtenant work, or works which violates the laws of this
state or which violates the standards of the governing board
er-the-department shall be declared a public nuisance. The
operation of such dam, impoundment, reservoir, appurtenant
work, or works may be enjoined by suit by the state or any of
its agencies or by a private citizen. The governing board or
the-department shall be a necessary party to any such suit.
Nothing herein shall be construed to conflict with the
provisions of s. 373.429.
Section 48. Section 373.436, Florida Statutes, is
amended to read
373.436 Remedial measures.--
(1) Upon completion of any inspection provided for by
s. 373.423(3), the executive director shall determine what
38


HB 1281


1
2

I. 3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
r 27
28
29
30
31


CODING: Words strieken are deletions; words underlined are additions.


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,
impoundment, reservoir, appurtenant works or works may file a
written petition for hearing before the governing board or-the
department no later than 14 days after such order is served.
If, after such order becomes final, the owner shall.fail to
make the specified alterations or repairs, the governing board
or-the-department may, in its discretion, cause such
alterations or repairs to be made,
(2) Any cost to the district or-the-dep*tment of
alterations or repairs made by it under the provisions of
subsection (1) 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, As
amended to read
373.439 Emergency measures.--
41) The executive director, with the concurrence of
the governing board, or-the-Bepartment-e-Envirenmental
Regulation shall immediately employ any remedial means to
protect life and property if either
(a) 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.
(2) In applying the emergency measures provided for in
this section, the executive director er-the-Bepartment-of
39


i I


CODING: Words striekem are delstions words underli are aa dditia,04'.







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


HB 1281


1 Environmental-Regulation may in an emergency do any of the
2 followings
3 ta) Lower the water level by releasing water from any
4 impoundment or reservoir.
5 (b) Completely empty the impoundment or reservoir.
6 (c) Take such other steps as may be essential to
7 safeguard life and property.
8 (3) The executive director or-the-Bepartment-of
9 Envirenmental-Regulation shall continue in full charge and
10 control of such dam, impoundment reservoir, and its
11 appurtenant works until they are rendered safe or the
12 emergency occasioning the action has ceased.
13 Section 50. Section 373.603, Florida Statutes, is
14 amended to reads
15 373.603 Power to enforce.--The Department-of
16 Envrrenmetal-Regtattan-er-the governing board of any water
17 management district and any officer or agent thereof may
18 enforce any provision of this law or any rule or regulation
19 adopted and promulgated or order issued thereunder to the same
20 extent as any peace officer is authorized to enforce the law.
21 Any officer or agent of any such board may appear before any
22 magistrate empowered to issue warrants in criminal cases and
23 make an affidavit and apply'for the issuance of a warrant in
24 the manner provided by laws and said magistrate, if such
25 affidavit shall allege the commission of an offense, shall
26 issue a warrant directed to any sheriff or deputy for the
27 arrest of any offender. The governing board shall establish
28 incentives to encourage the third-party reporting of
29 violations. The provisions of this section shall apply to the
30 Florida Water Resources Act of 1972 in its entirety.
31

40

CODING: Words stricken are deletions) words underlined are additions.


HB 1281


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


22
23
24
25
26
27
28
29
30
31


Section 51. Section 373.609, Florida Statutes, is
amended to read
373.609 Enforcement) city and county off cers to
assist.--It shall be the duty of every state and county
attorney, sheriff, police officers and other appropriate city
and county officials upon request, to as ist the-departmentt
the governing board of any water management 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 52. Section 373.613, Florida Statutes, is
amended to reads
373.613 Penalties.--Any person who violates any
provision of this law or any rule, regulation or order adopted
or issued pursuant thereto is guilty of a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s.
775.083. Where fines are used as the method of enforcement,
the governing board shall adopt rules establishing procedures


Ga... ,l.4....,4..4... 4hr manmv.4n aC 4ha GIr..


=va M MenAIM sem mU 11 mYw10MAI Xe Mnw mumn.
Section 53. Sections 373.043 and 373.308, Frida
Statutes, are hereby repealed.
Section 54. Notwithstanding the provisions of the
Regulatory Sunset Act or of any other provis qn of law hich
provides for review and repeal in accordance with s. 11.61.
Florida Statutes, sections 373.323-373.342& Florida Statutes,
shall not stand repealed on October 1. 1,988 .andmahall
continue in full force and affect as amended herein.
Section 55. Notwithstanding the provisions of the
Sundown Act or of any other provision of law which provides
for review and repeal in accordance with s. 11.611, Florida
Statutes, sections 373.073-373.103, Florida Statutes, shall


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


-1


~^~~"~~' ~---~~"I~---~-~-~-~-~ -~ `---- II






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


HB 1281


not stand repealed on October 1. 1988. and shall continue in


full force and effect as amended herein


Section 56. Effective January 1, 1990, subsection (1)
of section 373.106, Florida Statutes, is amended to reads
373.106 Permit required for construction involving
artificial recharge and underground formation.--
(1) No construction may be begun on a project
involving artificial recharge or the intentional introduction
of water into any underground 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 which uses artificial recharge,
wetlands overflow, or the intentional introduction of water


inia an undinarmand formation as a mathad nt K r


disposal shall be within the exclusive jurisdiction of the


de apartment. h hl eeep rm+i rma


20 Section 57. Effective January 1, 1990, subsection (2)
21 of section 403.061, Florida Statutes, is amended, subsections
22 (12) through (31) are renumbered as subsections (13) through
23 (31), respectively, and a new subsection (12) is added to said
24 section to reads
25 403.061 Departments powers and duties.--The department
26 shall have the power and the duty to control and prohibit
27 pollution of air and water in accordance with the law and
28 rules and regulations adopted and promulgated by it and, for
29 this purpose, to,
30 (2) Hire only such employees as may be necessary to
31 effectuate the responsibilities of the department, and retain

42

CODING: Words stricken are deletions) words underlined are additions.


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


4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31


these employees by establishine career paths for evalified
scientific and enforcement personnel to allow advanosatht in


5 salary and seniority in no Y


establishina a pay arade for tr l attorneva.


i12) Have exclusive uriadiatian o er methods of


ni dustrial and domestic wa reatment and dissonal and


the amount of water reuse required. Nastewater disposal


ni eludes, but is not Itmited to. land spreadines rapid


infiltration, percolation. wetlands overflow. and dee well
infection. \
Section 58. Paragraph faT of subsectio' (2) of section
403.121,Florida Statutesx is amended to read
403.121 Enforcement; procedures remedies.--The
department shall have the following judicial and
administrative remedies available to it for violations of this
chapter, as specified in s. 403.161(1).
(2) Administrative remedies
(a) The department may institute an administrative
proceeding to establish liability and to recover damages for
any injury to the air, waters, or property, including animals
plant, or aquatic life, of the state caused by any violation.
The department may order that the violator pay a specified sum
as damages to the state. The department shall adopt nrle
which establish a procedure for determining the dasapae.
Judgment for the amount of damages determined by the
department may be entered in any court having jurisdiction
thereof and may be enforced as any other judgment. 'Th
department shall establish incentives to encourage the third-
party reporting of violations.


CODING: Words stricken are deletions, words underlined are additions.


7


I=


--~---~


d11


UJl .


HB 1281







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


HB 1281


1 Section 59. Subsection (1) of section 253.665, Florida
Z Statutes, is amended, and subsection (4) is added to said
3 section, to reads
4 253.665 Grant of easements, licenses, and leases.--
5 (1) Notwithstandina the provisions of s. 253.02121,
6 the Board of Trustees of the Internal Improvement Trust Fund
7 of this state is authorized. and empowered, and direct to
8 adopt rules to take effect not later than October 1. 1989.


authorizing the reseective water manacement die~riet.


-r
hathudandamanacL12RRetaa d


11 and to act on its behalf in making a grant unto riparian
12 owners as herein defined, their heirs, successors and assigns,
13 perpetual easements and easements, licenses and leases for
14 specified terms of years, permitting such riparian owners,
15 their heirs, successors and assigns, to construct, maintain
16 and operate structures and facilities on, in and under the bed
17 of any navigable stream or any river owned in whole or in part
18 by the state, for the purpose of providing water of a suitable
19 quality for industrial, domestic or other use; provided,
20 however, any instrument granting such easement, lease or
21 license may contain provisions to the effect that such
22 structures and facilities shall be so constructed as not to
23 obstruct the channel of the stream or river or unreasonably
24 interfere with navigation, commerce or fishing thereon.
25 Beginning January 1. 1990. the board, on its own motion, may
26 initiate review of such action by a water management district.


To initiate review, the board shall cive notice to the water
management district and the riparian owner within 30 days of
such action. When review is initiated under this provision.
the water management district board action shall not be


subaiet +t annual under a. x7T 11&


44

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


Florida House of Representatives 1988
152-848-3-8 -: ."


4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31


HB 1281


(4) Notwithstanding the provisions of a. 253.01i11)bl.


revenues derived from a*Plioatiem fe. fi the erant of


easements. licenses, and 1*5.54 ,,Ae, 4kml ~II I ea..#A,...a.


by the water management districts ai;aets for the board


shall be divided. Tlhe water qauagman dishints shall retain


20 percent and the remainder shall be placed into the


internal rmnsrvemant Thuet Fugw4.


Section 60. Effective January 1990. sections
403.91, 403.911. 403.912, 403.913, 403.914. 403.916. 403.918.


4O3.919. 403.92. 403.921. 403.922. A03.@21. O~aIAPe. 4flte,2


and MIX 927. Florida M4at t.4 1


373, Florida Statutes, and the powers and duties heretofore
granted to the Departaent of Environmental Regulation under


anchantiann-shatLhe transtarratin the Raintmannament


districts.
Section 61. Effective January 1. 1990. AectionS
403.93, 403.931, 40.932M, 403.,933, 403.935, .403.934. and


403.938. Florida Statutes are ranmnbered A. sections 373.493


373.4931. 373.4932. 373.4933. 373.4935. 373.4936. and
373.4938. Florida Statutes.


Section 62. Section,373I0.5M Florida Statutes, is
created to read!
I z 4 I~
373.0285 Wetlands dredaing and fillings mealitings
rules --Forr vurtposes of reaulation of dredaine and fllin4


each water management district operating under the aXidea~e of
the department shall adopt rules, between July 1. 1989. and


November 1., 1989. which consolidate its rules relating to
management and storage of surface water with ermittinf


criteria for wetlands protected under the l~rren S. Wmndepsan


Wetlands Protection Act of 1984 and for those isola d


wetlands protected under s. 373.414. The rules shall strive


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


ww.-=wwwwwr murwnwwwr mum mwn a wamma wgem m WWaw
W


I IlI


J


---


--


criteria ...f.r. ..et....nd...e.... .. .... .. .. .... 9 loet r yiI


i


c7~=-1~








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


KB 1281


1 to achieve statewide uniformity and consistency, but allow for
2 regional variations. The secretary of the department shall
3 review the rules usina general supervisory authority pursuant
4 to this chapter and consistency review authority pursuant to
5 Chapter 17-40. Florida Administrative Code. Such rules shall
6 not take effect before January 1, 1990.
7 Section 63. Effective January 1, 1990, paragraph (d)
8 of subsection (7) of section 378.503, Florida Statutes, is
9 amended to reads
10 378.503 Limestone reclamation performance standards.--
11 (7) Resource extraction which results in a water body
12 shall provide one of the following shoreline treatments
13 (d) Slope requirements of the U.S. Army Corps of
14 Engineers or the water management district Department-of
15 Envirenmental-Regutatten-under-the-Harren-ST-Henderson
16 Hethands-Preteetien-Aet-of-*984.
17 Section 64. Effective January 1, 1990, subsection (3)
18 of section 403.265, Florida Statutes, is amended to read.
19 403.265 Peat mining) permitting.--
20 (3) The department may adopt rules which are
21 consistent with the rules of the water management districts
22 governing dredaina and filling in wetlands, powers-and-duties
23 tisted-in-sT-4o539ta 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
28 by the Environmental Regulation Commission for such
29 designation on April 1, 1984.
30 Section 65. Effective January 1, 1990, section
31 403.813, Florida Statutes, is renumbered as section 373.028,
46

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


HB 1281


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


1 Florida Statutes, and subsection (1) and the introductory
2 paragraph and paragraphs (b), (e) ), o), p), and (q) of'
3 subsection (2) of said section are amended, to reads
4 373.028 403r8t3 Permits issued by water management
5 districts at-distriet-eenters) exceptions.--
6 (1) Each water management district The-seeretary is
7 authorized to adopt procedural rules providing for a short-
8 form application for, and issuance at-the-distriet-eenter of,
9 permits for certain activities. These activities shall
10 include the following and any others established by rules
11 (a) Projects not exceeding 10,000 cubic yards of
12 material placed in or removed from the navigable waters of the
13 state;
14 (b) Dockage or marina facilities not exceeding 30,000
15 square feet of submerged lands;
16 (c) New seawalls or similar structures not exceeding
17 500 linear feet of shoreline;
18 (d) The installation of buoys, signs, fences, ski
19 ramps, and fish attractors by the Florida Game and Fresh Hater
20 Fish Commission)
21 (e) 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 (m) or
25 paragraph (n) of subsection (2)'1 and
26 (f) 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
29 berths. The Board of Trustees of the Internal Improvement
30 Trust Fund may fix and recover from the permitted an amount
31 equal to the difference between the fair market value and the
47

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


I






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


HB 1281


1 actual cost of the maintenance dredging for material removed
2 during such maintenance dredging. However, no charge shall be
3 exacted by the state for material removed during such
4 maintenance dredging by a public port authority. The'removing
5 party may subsequently sell such material. However, proceeds
6 from such sale that exceed the costs of maintenance dredging
7 shall be remitted to the state and deposited in the Internal
8 Improvement Trust Fund.
9 (2) No permit under this chapter, chapter 403 373,
10 chapter 61-6913 Laws of Florida, or chapter 25214 or chapter
11 25270, 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 from any
14 requirement to obtain permission to use or occupy lands owned
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 from complying with applicable local
18 pollution control programs authorized under this chapter or
19 other requirements of county and municipal governments:
20 (b) The installation and repair of mooring pilings and
21 dolphins associated with private docking facilities and the
22 installation of private docks, any of which docks:
23 1. Has 500 square feet or less of over-water surface
24 area for a dock which is located in an area designated as
25 Outstanding Florida Haters or 1,000 square feet or less of
26 over-water surface area for a dock which is located in an area
27 which is not designated as Outstanding Florida Haters,
28 2. Is constructed on or held in place by pilings or is
29 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.


BH 1281


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


1 3. Shall not substantially impede the flow of water or
2 create a navigational hazard
3 4. Is used for recreational, i~oncommercial activities
4 associated with the mooring or storage of boats and boat
5 paraphernalia and
6 5. Is the sole dock constructed puisuant to this
7 exemption as measured along the shoreline for a distance of 65
8 feet, unless the parcel of land or individual lot as platted
9 is less than 65 feet in length along the shoreline* in which
10 case there may be one exempt dock allowed per parcel or lot.
11 .
12 Nothing in this paragraph shall prohibit the owter management
13 district department from taking appropriate enforcement action
14 pursuant to this chapter to abate Or prohibit any activity
15 otherwise exempt from permitting pursuant to this paragraph if
16 the water management district department can demonstrate that
17 the exempted activity has caused water pollution in violation
18 of this chapter.
19 te) The restoration of seawalls at their previous
20 locations or upland of, or within 1 foot waterward of, their
21 previous locations. However, this shall not affect the
22 permitting requirements of chapter 161, and water management
23 district department rules shall clearly indicate that this
24 exception does not constitute an exception fromthe 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
29 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

CODING: Words stricken are deletions) words underlined are additions.


~__1 I







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


HB 1281


1 control. However, this shall not affect the permitting
2 requirements of chapter 161, and water management district
3 department rules shall clearly indicate that this exception
4 does not constitute an exception from the permitting
5 requirements of chapter 161.
6 (p) The restoration of existing insect control
7 impoundment dikes which are less than 100 feet in length.
8 Such impoundments shall be connected to tidally influenced
9 waters for 6 months each year beginning September 1 and ending
10 February 28 if feasible or operated in accordance with an
11 impoundment management plan approved by the water management
District department. A dike restoration may involve no more
13 dredging than is necessary to restore the dike to its original
14 design specifications. For the purposes of this paragraph,
15 restoration does not include maintenance of impoundment dikes
16 of operating insect control impoundments.
17 (q) The construction, operation, or maintenance of
18 stormwater management facilities which are designed to serve
19 single family residential projects, including duplexes,
20 triplexes, and quadruplexes, if they are less than 10 acres
21 total land and have less than 2 acres of impervious surface
22 and if the facilities
23 1. Comply with all regulations or ordinances
24 applicable to stormwater management and adopted by a city or
25 county)
26 2. Are not part of a larger common plan of development
27 or sale; and
28 3. Discharge into a stormwater discharge facility
29 exempted or permitted by the department under this chapter 4p3
30 which has sufficient capacity and treatment capability as
31 specified in this chapter and is owned, maintained, or
50

CODING: Words stricken are deletions) words underlined are additions.


HB 1281


Florida House of Representatives 1988
152-848B3-8 .' i


operated by a city, county, special district with drainage
responsibility, or water management district; however, this
exemption does not authorize discharge to a facility without
the facility owner's prior written consent.
Section 66. Effective January 1, 1990, section
373.104, Florida Statutes, is created to reads
373.104 Permits for water mana geent district
activities and proiects.--Hater Manasement district activities
or projects which, beina conducted byotheras would require a
/ rs44 nurBuian t4his ha sse r shafll hb rseulated by the


... .. _
department using the ru r


12 management district to other permit applicants.
13 Section 67. The transfer of the reasonsibilities
14 described in sections 65 and 66 shall be accomplished with the
15 cooperation of the Desartment of Eavironmental Regulation and
16 the water management districts by January 1. 1990. The
17 advisability of the transfer of other water Programn to the
18 water management districts shall be studied. and a
19 determination by the Legislature as to whether and to what
20 extent such tramafer should be made shall be completed by
21 October 1s. 992.
22 Section 68. Effective January 1, 1990, subsection (1)
23 of section 403.816, Florida Statutes, is amended to reads
24 403.816 Permits for maintenance dredging of deepwater
25 ports and beach restoration projects.--
26 (1) The department shall establish a permit system
27 under this chapter and chapter 253 which provides forth
28 performance, for up to 25 years from the issuance of the
!9 original permit, of maintenance dredging of permitted
30 navigation channels, port harbors, turning basins, harbor
31 berths, and beach restoration projects approved pursuant to
51

CODING: Words stricken are deletions) words underlined are additions.


as


-L






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


19


20


HB 1281


chapter 161. No charge shall be exacted by the state for
material removed during such maintenance dredging by a public
port authority except as provided in a. 373.028(11f)
483r8f30ti*ff.
Section 69. Effective January 1, 1990, paragraph Id)
of subsection (1) of section 403.921, Florida Statutes, is
amended to reads
403.921 Permits) duration) fees.--
(1)
(d) This subsection does not apply to any permit
issued pursuant to s. 373.028(1)(f) 43ra8 3 44f4 or s.
403.816.
Section 70. Section 373.1735, Florida Statutes, is
created to read,
373.1735 Storawater reaulation.--
(1) The Lewislature finds that the discharge of
untreated storawater is a source of water pollution and
requires regulation. Therrefor aaeh uatsr manamaran


district shalli
dadopt and administer a program r


pollution by discharges of stormrater


(2) Each water management district shall adopt by
November 15, 1989, and enforces effective J 0


rules which consolidate its rules relating to management and
storage of surface waters with rules for the regulation of
stormwater discharges. The department shall continue to
administer and enforce the provisions of Chapter 17-25,
Florida Administrative Code, in any water management district
which has not adopted rules for the regulation of stormwater


until the water management district has adopted its rules.


HB 1281


Florida House of Representatives 19I
152-848-3-8


district, the department shall cease its adotnlstration of
Chapter 17-25, Florida Administrative ode.
Section 71. Effective January 1, 990, section
403.812, Florida Statutes, is amendedto read.
403.812 Delegation of functions tp water management
districts.--
(1) a4--The-department-may-delegate,-te-these-water
manapement-dlstriets-thait-it-fnds-t-be-finanietaly-and
teehnieanty-eapable-ef-lmpiementin-the-delegatitnT-ita-pewers
and-duties-pertaining-tC-the-adinistratoln-ef-ita-URepuLatlen
of-Stermwater-Rulet .
Ib4--When-the-stermwater-rele-ia-delegata-hte-a-water
management-distriet7-the-deparment-shall-net-require-a-permit
for-dredge-and-fill-aetivites-that-are-required-fer-the
eenneetien-ef-stormwater-manaement-facilitie-te-watera-and
that-are-incidental-te-the-eenstrueteionef-sweh-faeilitieaT
Fer-the-purposes-of-dredge-and-fill-rerula ten-u"ateru-do
net-inelude-theae-eentained-Nwthmn-artifietally-enastrueted
steormater-treatment-and-eenveyanee-systeas-that-are designed
slely-fer-the-purpeae-ef-atermwater-treatmentt-and-thet-are
reputated-by-the-department-er-a-water-eanaegemet-diataeet-te
whieh-the-reaponsibility-for-atormweter-re eltifn-has-been
dealegatedr
Ee4--Nithin-12-mentha-fellowing-JilyI-I9a85s-the-4euth
Florida-Water-Management-Biatriet-shall-adept-performance
eriteria-for-review-ef-the-fgrendwater-diseharge-of
stormwaterr--Upen-adeptton-of-such-performanee-eriteria-by-the
distrietT-the-department-shali -neat-requ ire-a-separate
groundwater-permit-feo-permitted-stermwater-faeeities -within
the-districta


CODING: Words strieken are deletions; words underlined are additions.


CODING: Words stricken are deletions) words underlined are additions.


Uson the adoption of sairamuaia, r~ule. hi a p~


................................... IW BBiWli I


--


.... .. ....... .. b v d


I


ma-iarmn,.. ne


UDan +he adop+lnn nf + TI
wMan as X& MMUMILMSUNUA






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


KB 1281


rB1--n-eaBtuoen-wo-any-tunetoen-ae egatee-usneer
2 svbseotion-F.tI When the secretary determines that a water
3 management district has the financial and technical capability
4 to carry out water quality and other functions of the
5 department, those powers, duties, and functions, or parts
6 thereof, may be contracted or delegated to such water
7 management district. Any powers, duties, and functions so
8 delegated shall be carried out in accordance with the rules,
9 regulations, and standards of the department. Nothing
10 contained in this act shall be construed to adversely affect
11 or divest any water management district of the power to levy
12 ad valorem taxes.
13 Igllc' A delegation pursuant to this section may be
14 rescinded only if the secretary determines that such
15 delegation is not being carried out in accordance with the
16 rules of the department.
17 Section 72. Effective January 1, 1990, subsection (4)
18 of section 161.041, Florida Statutes, is amended to reads
19 161.041 Permits required.--
20 (4) The department may, as a condition to the granting
21 of a permit under this section, require mitigation, financial,
22 or other assurances acceptable to the department as may be
23 necessary to assure performance of conditions of a permit or
24 enter into contractual agreements to best assure compliance
25 with any permit condition. Such conditions shall be
26 consistent with scientific assessments and recommendations
27 made by the water management district in its regulation of
28 surface water quality. The department may also require notice
29 of the permit conditions required and the contractual
30 agreements entered into pursuant to the provisions of this
31
54

CODING: Words stricken are deletions words underlined are additions.


HB 1281


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


1 subsection to be filed in the public records of the county in
2 which the permitted activity is located.
3 Section 73. Effective aarJ`y 14, 190, section 253.51,
4 Florida Statutes, is amended to read
5 253.51 Oil and gas teases o'state lands by the board
6 of trustees.--The Board of Trustees of ithe Internal
7 Improvement Trust Fund is hereby authorized and empowered to
8 negotiate, sell, and convey l4aeshod estates in nd to lands
9 the title to which is vested in any State board, department or
10 agency thereof or lands the title to which is vested in the
11 state with its control and management in any h board,
12 department or agency, for the purpose of the development
13 thereof, and the production 'therefrom, of oil and grsi to any
14 person, firm, corporation or association authorized to i
15 business in the state, upon such terms and conditions as may
16 be agreed upon by the contracting parties, not inconsistent
17 with law and the provisions of the chapter. Where oil and gas
:-
18 leases involve sovereign submerged land or wetland areas
19 within the jurisdiction of the water management districts.
20 scientific assessments and recommendations of their technical
21 staff shall be binding in the evaluation of the terms and
22 conditions of the lease.
23 Section 74. Effective Janu;ar 1, 1990, subsection (3)
24 of section 378.402, Florida Statutes, is amended to read,
25 378.402 Legislative findings and intent,--
26 (3) The Legislature recognizes that where possible and
27 feasible the department should enter into memoranda of
28 understanding to eliminate duplication and maximize the
29 effectiveness of the regulatory process in the management and
30 protection of our natural resources. DuPlication of
31 regulation for wetlands as defined in this chapter shall be
SS
DING words st ke are de ion55 words derl are additions
CODING: Words stricken are deletionsa words underlined are additions.


- -








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


1
2
3
4
5
6
7
*8
9
10
11
12
13
14
15
16
17
18
19
20
21


61I


HB 1281


eliminated by the binding acceptance of scientific assessments
and recommendations made by the water management districts in
the reclamation performance standards.


Section 75. Effective January 1, 1990, subsection (3
of section 378.503, Florida Statutes, is amended to read#
378.503 Limestone reclamation performance standards.
(3) Reclamation shall achieve the stormwater,
drainage, wetlands, and other surface and ground water
management requirements of the Department of Environmental
Regulation and the appropriate water management district.
Scientific assessments and recommendations made as a Dart of


such requirements shall be binding in setting Performance
standards.i
Section 76. Effective January 1, 1990, subsection (1)
of section 378.803, Florida Statutes, is amended to reads
378.803 Other resources reclamation performance
standards.--
(1) Reolamation shall achieve the stormwater,
drainage, wetlands, and other surface and groundwater
requirements of the Department of Environmental Regulation and
the appropriate water management district. Scientific
assessments and recommendations made as a part of such


23 requirements shall be binding in setting performance


24
25
26
27
28
29
30
31


standards.
Section 77. The introductory paragraph of section
403.851, Florida Statutes, is amended to reads
403.851 Declaration of policy; intent.--It is the
policy of the state that the citizens of Florida shall be
assured of the availability of safe drinking water.
Reeognising-that-this-policy-enoempasses-both-envirenmental
and-publie-health-aspectsy It is the intent of the Legislature
56


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


HB 1281


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


)


--


I-- -.FA


-Y-


1 to provide a water supply program operated jointly by the
2 Department of Environmental Regulation This program may be
3 delegated to a county health department or a local pollution
4 controlPProaram under a. 403.182. ,-t-a-head-ageney-roee-ef
5 primary-respensibility-fer-the-prOcram-lnd-by-the-Bepartment
6 ef-Health-and-Rehabilitative-Services-and-its-unitsy-tneludifn
7 county-health-departmentsT-in-a-suppertive-rele-with-specifie
8 duties-and-responsibilitie-f+sof-ts-own Hithout any
9 relinquishment of Florida's sovereign powers and
10 responsibilities to provide for the public heath, public
11 safety, and public welfare of the people of Florida, the
12 Legislature intends,
13 Section 78. Subsection (1) of section 403.852, Florida
14 Statutes, is amended to reads
15 403.852 Definitions.--As used in ss. 403.850-403.864i
16 (1) "Department" means tepartnt n h apartment of Environmental
17 Regulation, which is 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 Imminent hazards.--In-eoordtiatio--with-the
23 Bepartment-ef-Health-and-RehabtLtative-Serv~Yes The
24 department, upon receipt of information from the Department of
25 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 tos
57

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








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


HB 1281


1 Section 80. Section 403.856, Florida Statutes, is
2 amended to reads
3 403.856 Plan for emergency provision of water.--The
4 department shall adopt an adequate planT-after-eensultation
5 wth-the-Bepartment-ef-Health-and-Rehabiltatiye-ServieesT for
6 the provision of safe drinking water under emergency
7 circumstances. When, in the judgment of the department,
8 emergency circumstances exist in the state with respect to a
9 need for safe drinking water, it may issue such rule or order
10 as it may deem necessary in order to provide such water where
11 it would not otherwise be available.
12 Section 81. Section 403.857, Florida Statutes, is
13 amended to reads
14 403.857 Notification of users and regulatory
15 agencies.--Nhenever a public water supply systems
16 (1) Is not in compliance with the state primary and
17 secondary drinking water regulations)
18 (2) Fails to perform monitoring required by rules or
19 regulations adopted by the department)
20 (3) Is subject to a variance granted for an inability
21 to meet a maximum contaminant level requirement)
22 (4) Is subject to an exemption) or
23 (5) Fails to comply with the requirements prescribed
24 by a variance or exemption,


26 the owner or operator of the system shall, as soon as
27 practicable, notify the local public health departments oi
28 local pollution control program, the department, and the
29 communications media serving the area served by the system of
30 that fact and of the extent, nature, and possible health
31 effects of such fact. Such notice shall also be given by the
58

CTDING: Words m*in4ei(an ar rlm1e .la+ir wn"r4e srwlprlinad are additions.


Florida House of Representatives 1988 1B 1281
1S2-84B-3-8





1 owner or operator of the system by publication in a newspaper
2 of general circulation, as determined 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 system 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 month) if the
11 system issues its water bills less often than oh e every 3
12 months, such notice shall be included in each of the water
13 bills issued by the system for each customer, However, the
14 provisions of this section notwithstanding, the department may
f5 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 er-ef-the-Bepartaent-of
20 Healeh-and-Rehabilitative-Serviees 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
'8 Statutes, is amended to reads
49 403.859 Prohibited acts.--The following acts and the
30 causing thereof are prohibited and are violations of this acts
31
59

CODING: Words stricken are deletions words underlined are additions.


_YI _I_ ___ ___ _rl___ll _I__~_IIVIX_*I______-- -I~~








HB 1281


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


(4) Failure by a supplier of water to allow any duly
authorized representative of the department or-of-the
Bepartment-ef-Health-and-Rehabilitative-Servies to conduct
inspections pursuant to s. 403.858.
Section 84. Subsections (9), (10), and (14) of section
403.861, Florida Statutes, are amended, and subsections (20)
through (26) are added to said section, to read:
403.861 Department) powers and duties.--The department
shall have the power and the duty to carry out the provisions
and purposes of this act and, for this purpose, toi
(9) Require department or county health department SE
local pollution control program review and approval of
complete plans and specifications prior to the installation,
operation, alteration, or extension of any public water
system.
(10) Establish and maintain laboratories for
radiological, microbiological, and chemical analyses of water
samples fro"ipublic water systems, which are submitted to such
laboratories for analysis. Copies of the reports of such
analyses and quarterly summary reports shall be submitted to
the department if-the-department-determines-that-an-additiena
taberatory-capability-beyend-that-previded-by-the-Bepartment
ef-Heaith-and-Rehab*&htative-Servi:es-is-neeessary.
(14) Establish and collect fees for conducting state
laboratory analyses as may be necessary, to be collected and
used by either the department or-the-Bepartment-of-Health-and
Rehabilitative-Services in conducting its public water supply
laboratory functions.
(20) Require each delegated program to:


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


HB 1281


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


1 a) Collect such water samples for apalyvis as may be
9 required by the terms of this part'' from ablti water systems


-
within its lurisdiction.
) b( Submit the collected wher Bandles to the


5 appropriate laboratory for analysis;
6 (c) Maintain reports of analyses for fts own records.
7 (d) Conduct complaint investigation of public water
8 systems to determine compliance with federal, state, and local
9 standards and permit compliance.
0 le) Notify the appropriate department office of


potential violations of federal. state. and local standards
and permit conditions by public water systems and assist the
department in enforcement actions with respect to such
violations to the maximum extent practicable.
If) Review and evaluate laboratory analyses of water
samples from Private water systems.
(21) Require delegated programs tor
(a) Review and evaluate each application for the
constructions modification, or expansion of a public water


system to determine compliance with federal, states and local


requirements. ijion omPletion of such review and evaluation.


22 the application shall be forwarded to the department for final
23 action.


diA


25 applications for the expansion of distribution systems.
26 Written notification of action taken on such applications
27 shall be forwarded to the department.
9 (c) Maintain inventory, operational, and
29 bacteriolotical records and carry out monitoring,
30 surveillance, and sanitary surveys of public water systems to
31
61

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


J.I


(b) Reviews eva ua e, e


1 ^. \ n-..l- d***1 k -








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


KB 1281


ensure compliance with federal, state, an s


Ed) Particinate in aduoa~inna1 avne +vaininn,


relating to drinking wter and public water systems


(22) Remuire dsileaatad


FY way,
(a) Perform bacteriolovical an s


submitted for analysis'
(b) Submit copies of the reports of such analyses to
the department.
(23) Make available to the central and branch
laboratories funds sufficient to the maximum extent possible


-r- -- -- -- "- .. .... "A"... .
11 to carry out the public water supply functions and
12 reaponalbilities required of such laboratories as provided in
13 this section.
14 (24) Have general supervision and control over all
15 private water systems and all public water systems not covered
16 or included in this Part.
17 (25) Assist state and local agencies in the
18 determinatiornaind investigation of suspected waterborne
19 disease outbreaks, including diseases associated with chemical
?0 uontainantsj
2) i -6) Upon request, consult with and advise any county
Zl r miuniciPal authority as to water supply activities.
23 Section 85. Subsections (1), (2), (3), and (5) of
24 aeution 403.863, Florida Statutes, are amended to read,
25 403.863 State public water supply laboratory
26 certification program.--
27 (1) Hithin-*e2-daysa-o-the-effeetive-date-of-this-aety
28 the-department-and-the- artment-of-Health-and-Rehabiitatve
29 Services-shat-eiently-devetep-a-state-program7-and The
30 department of-Health-and-Rehabilitative-Services shall adopt
31 rulun for the evaluation and certification of all laboratories
62

COUING: Nords stricken are deletions words underlined are additions.


HB 1281


Florida House of Representatives 1986
152-848-3-8 -t 4 ..- ;l


___~~ ____


E2RESES


Any-federal-prant-faunds-reeetved-by-the-department-er-the
eperatoen-and- implementation-ef-the-state-laqboe tery
eertif ieaten-preoram-shll-be-transferred-to-the-Department
of-Health-and-Rehabilitative-Services-by-interawenay-agreement
between-the-two-departmentsT--Such-agreement-shal-requere-the
Bepartment-of-Health-and-Rehabilitat*ve-Serviees-te-provide
the-department-with-a-quarterly-aeeoanttng-of-the-funds
transferred
(5) For the purposes of this section, the term
"principal state laboratory" means the central laboratory of
the department ae-Health-and-Rehabilitative-Services.
63


CODING: Words stricken are deletionsa words underlined are additions.


1
2
3
4
5
6
7
8
9
10
11
12
13
14
'.S
16
17
18
19
ft


in the state, other than the principal state laboratory, which
'perform or make application to perform analyses pursuant to
the Florida Safe Drinking Water Act. iSeh-~eint-development
shea -be-funded-tn-part-threugh-the-use-ef-a-persten-ef-the
State-Publie-Water-Systems-Superaviion-Prefram-Prants-received
by-the-department-frem-the-Fedeeal-Gevernment-at -erder-to
implement-the-federat-aeti
(2) The department of-Health-and-Rehabiitative
Services shall have the responsibility for the operation and
implementation of the state laboratory certification program,
exeept-that,-upon-eempleaion-of-the-evaluatioeniad-rev ie-of
Ithe-taberatery-eertifetataep-applteateon,-the-evauat&en-shall
be-forwarded,-aeong-with-reeeaendettiensT-te-the-department
fer-review-and-eemmenty-priwer-te-final-approval-er
disapproval.
(3) When the department delegates responsibility for
the operation and implementation of the state laboratory
certification program to a county health unit or local
pollution control program under s. 403.182. the department


shall also transfer funds necessary to munoort the erocram


(d) Pa------ata-'~- i e .-i I^f^ W fVW I- J- 4 4*


reatngtodrnin wte ad uli wte ns-m


II"'lm Tn


s-h-a --n~s8 +ransfar funds nagessary- t8suertt


m






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


HB 1281


1 Section 86. Section 403.8635, Florida Statutes, is
2 amended to reads
3 403.8635 State drinking water sample laboratory
4 certification program.--
5 (1) In addition to certifying laboratories pursuant to
6 s. 403.863, the department of-Health-and-Rehabilitative
7 Services is authorized to establish a periodic certification
8 and approval program for laboratories that perform analyses of
9 drinking water samples, which program will assure the
10 acceptable quality, reliability, and validity of all testing
11 results.
12 (2) The department of-Health-and-Rehabilitative
13 Services has the responsibility for the operation and
14 implementation of laboratory certification pursuant to this
15 section-except-that-pon-eampoletion-ef-the-evaluat*on-and
16 review-of-an-app eateon-for -aboratery-eert if eatieon-the
17 evalwatten-ahat-be-eforwardedT-aleng-with-reeommendatiensy-to
18 the-BepartmenB-et -Envtrenaehtal-Re ulatien-eor-revlew-and
19 eemment-prierwt-finai-appreval-er-disappreval.
20 (3) The department eo-Health-and-Rehabilitative
21 Services is authorized to charge and collect fees for the
22 evaluation and certification of laboratories pursuant to this
23 part. The fee schedule shall be based on the number of
24 analytical functions for which certification is sought. Such
25 fees shall be sufficient to meet the costs incurred by the
26 department of-Health-and-Rehabittative-Serviees in the
27 administration and operation of this program. All fees shall
28 be deposited in a trust fund administered-by-the-Bepartment-ef
29 Health-and-Rehabilitative-Services to be used for the sole
30 purpose of this section.
31
64

CODING: Hords ericken are deletions; words underlined are additions.


HB 1281


Florida House of Representatives 19SA.
152-84B-3-8


1 Section 87. Section 403.864, Florida Statutes, is
2 amended to reads
3 403.864 Public water supply accounting program.--
4 (1) It is the intent of the Legsla4ture to require a
5 yearly accounting of funds, overhead* personnel, and property
6 used by the department and-the-Bepartment-ef-Health-and
7 Rehabilitative-Services and its units, including each of the
8 county health departments or delegated proeras, in conducting
9 their respective responsibilities for the state public water
la supply program. Such accounting shall be presented to the
11 Governor, the President of the Senate, and the Speaker of the
14 House of Representatives by the department and- he-Bepartment
13 ef-Health-and-Rehabilitative-Services no later than February 1
14 of each year. The first accounting shall be due by February
5 1, 1979, and shall cover the state fiscal year 1978-1979.
16 (2) In furtherance of this intent, the-Bepeatment-ef
17 Health-and-Rehabi~ ative-'Setvees, the department and the
18 Auditor General shall jointly develop an accounting program
19 for use by the department and-the-Bepartment-ef-Health-and
20 Rehabilitative-Services and its units, including the county
21 health departments and delegated program, to determine the
22 funds, overhead, personnel, and property used by Uhg
23 department eaeh-ef-the-departments 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-shael-inaldde
28 provisaens-requ&irng-the-Bepartment-of-Health-and
9 Rehabilitat ve-Serviees-te
30 (a4--Segregate--fram-an-aeeo 31 distributed-te-eeenty-health-departments-fer-publie-water
65

COOINGt Hords atriehen are deletions; words underlined are additions.


l






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


NB 1281


1 aupply-functiens-From-ether-county-health-department-trust
2 fund37
3 (-b4--Segregate-freom-an-accountingr-standpeont-funds
4 distributed-te-the-central-and-branch-laborateries-of-the
5 Bepartment-of-Hea th-and-Rehabtitlative-Sorviee-eor-publie
'r yT* *A "
6 waster-uppl -iunetions-from-ether-kaboratory=? l ,,---- .
7 Fe-)--Require-eh -seounty-healtth-depertekft -he-eentkral
8 and-each-branch- labratory-of -the-Depairtm.et- .-,l r"1-and
.-9 "T. ,
9 Rehabilitative-Serveasee-and-any-other-entst -.-:
10 Bepartaent-of-Health-and-Rehabilttative-o-Sevy ef-tvelvead-in
11 and-earrying-oeut-pub li-water-supply-funettens-e-aee.unt-te
*, ,.'r. o 1
12 the-Bepartment-of-Health-and-Rehabititatiye-59r k e7,y -n-a
13 semiannual-bsasi-for-the-funds-received,-fix*la ,- e r-seurcee
14 and-used-for-publie-water-supply-funetioensv
18 d4 -Require-each -ounty-health-deprim t.e j^-rvatral
16 and-eaeh-braneh- laboratery-of-the-Bepoart9n- p-tRlt-ad
17 Rehabilitative-Servieeasr-nd-any-other-enty-- ,.
18 Bepartment-ef-Health-and-Rehbi littatve-Servi ~Ant-|Mj~aj -An
19 earrying-oeut-ublia-water-swpply-9necteia -eit.se or-e
20 partially-with-flundS-either-federal-er-statv-q .-fr '
21 the-departaent-threugh-an-interageney-agreeme*nt-a getp-meene
22 te-eeeunt-toe-the-department-en-a-semiannual-basi
23 funds-reeeived-and-used-for-publie-water-swpply-f 4I T
24 Section 88. Section 403.862. Florida St ..
25 hereby repealed.
26 Section 89. Section 381.261, Florida Statutes,, i
27 amended to reads
28 381.261 Supervision, private and certain publaOc. ater
29 systems and individual sewage disposal systems.--The
30 Department of Health and Rehabilitative Services and its
31 agents shall have general supervision and control over all
66

CODING: Words stricken are deletions) words underlined are additions.


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


HS 1281


1 private water systems, public water systems not covered or
2 included in the Florida Safe Drinking aeter Act (as. 403.850-
3 403.864) and individual sewage disposal systems and-ever-these
4 aspeets-of-the-publie-water-supply-program-for-whieh-it-has
5 the-dttes-and-respensibilH*tea-preoded-fer-in-asa-4e3T86a-
6 483r864.
7 Section 90. Subsection (9) of section 380.06, Florida
8 Statutes, is amended, and paragraph (h) is added to subsection
9 (15) of said section, to reads
10 380.06 Developments of regional impact.--
11 (9) CONCEPTUAL AGENCY REVIEW.--
12 (ail. In order to facilitate the planning and
13 preparation of permit applications for projects that undergo
14 development-of-regional-impact review, and in, order to
15 coordinate the information required to issue such permits, all
16 developers shall unlders a-developer-eay-eleet-te-reqvest
17 conceptual agency review under this subsection either
18 concurrently with development-of-regional-impact review and
19 comprehensive plan amendments, if applicable unless the
20 developer withdraws from conceptual aaencv review by giving
21 written notice to the regional Planning council no later than
22 90day subsequent to a preapplication conference held
23 pursuant to subsection (7).
24 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
29 comply with the issuing agency's statutes and rules.
30 3. All agencies that may require a permit shall
31 participate in conceptual agency review, and such agencies

67e

CODING! Words st4rieken are deletions; words uderlined are additions.


* -4.







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


HB 1281


shall participate in the Preapplication conference. The

re ional Plannine council shall notify e


arecie o sceduedpreapplication o~nferences


The


developer may also notify Permittiaa agencies and request
theig Participation,
4. As a Part of the application for development
approval, the developer shall complete the apiplicatAon 'for
cnonetual approval o~r Lnntnt or ranermtinn normit


for each permitting agency deaionaetd by the mrional planning
council to participate in the eoneIetual evks process. The
developer shall file the application for development approval
and all agency applications as prescribed in subsection 1101.
The developer shall forward the aaeno applications to the
respective Permittina agencies within 10 days thereafter. The
regional Planninc council shall conduct at least one meeting
of all reviewing agencies between 45 and 60 days after the
application is filed to review the agencies' proposed actions.
5. If a reviewing agency determines that the
conceptual ravyiL application is insufficient, it may request
additional information from the developer. Howeyer. the 90-
day time period sooified in a. 12O.4~2i) shall not he tlld.
The developer may provide the information or amy v art thereof
or inform the agency that it will not furnish he information.'
The extent of agency review shall depend upon the amount of
information provided to the agency.
6. No later than 40 days after the regional planning
council sends notice to the local government as required by
paragraph (lOlic), the agency shall forward a report to the


aPPromriate r~eaionla Planining oouhewl seating nu+ 4,hm


ennnludlonn.n nn a~arrfll Antjrl


impacts and stating


NB 1281


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


1 to arant conceptual approval, with or without conditions, or


0I


I- I.


31 whether the agency has granted conceptual approval or intends

68

CODING: Words atrieken are deletions) words underlined are additions.


to~denv conceptual approval. If' the


4na4~nds to deny


tondenya concepvals athel If .'h


therefore.
7. If the agency report states that the agency granted
conceptual approval, or has issued an intent to trant
conceptual approval, the regional planning council may comment
on the regional implications of the conepetual approval but
may not make conflicting recommendations or findings. The
regional planning council shall forward all aeency reports to
the local government with the regional report rendered


Pursuant to subsection (12)


In consider ma tIh. criteria of


subsection (14) for issuance of a development orders the local
government shall be guided by conceptual agency approval or
permit on issues within the aency's* urisdiction. The
conditions of the development order shall be consistent with


the aaencv rePort unless itheconditions would conflietiwitti


18 the local government's adopted comprehensive Plan or land
19 development regulations.
20 8j3S Conceptual agency review is a licensing action

21 subject to chapter 120, and approval or denial constitutes
22 final agency actiony-exeept-that-the-98-day-tie-petod

23 specified-in-sr-te8T68(8e-shata-be-teled-far-the-ageney-when
24 the-affeeted-regienal-planning-ageney-requests-infermation
25 from-the-develeper-pursuant-to-paragraph-l Ifbthe
26 reviewing agency fails to complete conceptual review within
27 the time period specified in s. 120.60(2), the conceptual
28 approval shall be deemed approved in accordance with s.
29 120.60(2). If proposed agency action on the conceptual
30 approval is the subject of a proceeding under s. 120.57, final
31 agency action shall be conclusive as to any issues actually
69

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


91


4v
11
12


"wnvy .-arrow ,


m D V


-


31


I yTT 'r .. "TF . . . . .. .


a


----~~-~-


. .
.


I


l


qqepav


a~orori~e r'mfiona ulriiineremuhil ++in + +


0w- -. w.. 4w... 1 m n A


"""'"`






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


HB 1281


1 raised and adjudicated in the proceeding, and such issues may
2 not be raised in any subsequent proceeding under s. 120.57 on
3 the proposed development by any parties to the prior
4 proceeding. The agency may require the developer to publish
5 notice of proposed agency action in accordance with s.
6 403.815.
7 .Ltr A conceptual agency review approval shall be
8 valid for up to 10 years, unless otherwise provided in a state
9 or regional agency rule, and may be reviewed and reissued for
10 additional periods of time under procedures established by the
11 agency.
12 (b) by July 1, 1928 *986, the Departmeht of
13 Environmental Regulation, each water management district, and
14 other state or regional agencies that require construction or
15 operation permits shall establish by rule a set of procedures
16 necessary for conceptual agency review for the following
17 permitting activities within their respective regulatory
18 jurisdictions,
19 1. The, construction and operation of potential sources
20 of water pollution, air pollution, and hazardous waste
21 *neotdinf -ndustrial-wastewater.-demestie-wastewater-and
22 stormwater.
23 2. Dredging and filling activities.
24 3. The management and storage of surface waters.
25 4. The construction and operation of works of the
26 district, only if a conceptual agency review approval is
27 requested under subparagraph 3.
28
29 Any state or regional agency may establish rules for
30 conceptual agency review for any other permitting activities
31 within its respective regulatory jurisdiction.
70

CODING: Hords stricken are deletions) words underlined are additions.


"-------"e "


KB 1281


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


(c)l. Each agency participating in conceptual agency
reviews shall determine and establish by rule its information
and application requirements and furnish these requirements to
the state land planning agency and to any developer seeking
conceptual agency review under this subsection.
2. Each agency shall cooperate with the state land
planning agency to standardize, to the extent possible, review
procedures, data requirements, and data collection
methodologies among all participating agencies, consistent
with the requirements of the statutes that establish the
permitting programs for each agency.
fd4.--At-the-eenth-eneeeptualCageney-review7
the-ageney-shatl-give-notiee-ef-kts-proposed-ageney-aetten-as
required-by-srT-S8r6em34-and-sha-r-forward-a-epy-of-the
netiee-to-the-appropriate-reenala-panninr-eeuneit-with-a
report-setting-eut-the-ageneyAs-eonelusoens-on-petential
S. -_e--.zm..-u.j_ .wkn- .- -- -----nay-Antenda-to


deany -eoneep tuai approvE i ?-wifh-r-hCefeYC intends Zeaa enY

eoneep tvali app wevai7 th -ae2Crta-har i5rtate -theweimsr~


21 therefor?--The-aenrey-may-reu*re-ee-eve Oper-e-pu sZ=n
22 notiee-ef-prepesed-agefey-ae6 tn-tn-aeeerdawee-w*h-sr
23 403r85r
24 idl)e4 An agency's decision to grant conceptual
25 approval shall not relieve the developer of the requirement to
26 obtain a permit and to meet the. standards for issuance of a
27 construction or operation permit or to meet the agency's
28 information requirements for such a permit. Nevertheless,
9 there shall be a rebuttable presumption that the developer is
30 entitled to receive a construction or operation permit for an
31 activity for which the agency granted conceptual review
71

CODING: Hords striekem are deletionss words underlined are additions.







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


HB 1281


HB 1281


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


1 approval, to the extent that the project for which the
2 applicant seeks a permit is in accordance with the conceptual
3 approval and with the agency's standards and criteria for
4 issuing a construction or operation permit. The agency may
5 revoke or appropriately modify a valid conceptual approval if
6 the agency shows
7 1. That a developer an-applicant or his agent has
8 submitted materially false or inaccurate information in the
9 application for conceptual approvals
10. 2. That the developer has violated a condition of the
11 conceptual approval) or
12 3. That the development will cause a violation of the
13 agency's applicable laws or rules.
14 Wf9tf4 Nothing contained in this subsection shall
15 modify or abridge the law of vested rights or estoppel.
16 jfJlkg Nothing contained in this subsection shall be
17 construed to preclude an agency from adopting rules for
18 conceptual review for developments which are not developments
19 of regional i ,jhact.
20 (a) The developer may. in his discretion, elect to
21 submit a complete pearit application and receiLv a full Permit
22 review concurrent with development-of-reaional-impact review.
23 (h) If a developer obtains a conceptual approval prior
24 to filing the application for development approval, or outside
25 the conceptual review process established in this subsection.
26 the provisions of subparagraph (a)7. shall not apply to the
27 regional planning council report or the local government
28 development orders provided, however, nothing in this section
29 shall be deemed to nullify such prior conceptual approval, and


be affected by a developer's decision to withdraw from


conceptual review under thi setos


(15) LOCAL GOVERNMENT DEVELOPMENT ORDER.--
(h) This chapter shall govefe development: revile


procedures and development order adoption. All development
order conditions shall be based upon the local government's


adopted local comprehensive plan or land development


,44,~e Uhan a 4aoal ocesrehensive elan hesB heitfciifl


to be in compliance with the grnment Comprehensive


Planning and Land Development Regulation Act. the local


government shall not impose conditi o on a dvioment-of-
reoaonal-impaet development that the local government could


not impose on a similar non-development-of-retionaC-l4*agt


development.
Section 91. 11) The DePartment of Community Affairs
is directed to revise the application for development approval


and the procedural rules for development-of-reatonal*impact


review under dutdelines designed to date the tyPaea nd level


nf informntion required to eliminate unnecessary information


submittal. Therdeuartaent shall initiate rulemekiha by


October le 1988.
(2) This section shall take effect upof becoming a


Section 92. Except as otherwise provided herein, this
act shall take effect October 1, 1988.


CODING: Words stricken are deletions) words underlined are additions.


30 no other right or benefit conferred under this chapter shall


I,.~~-r-~- -- ---- ------.


Is l


r uhreule anmea l l i. ... ha be foun


CODING: Words stricken are deletions) words underlined are additions.







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


HB 1281


1 **K*w+wwr*wewrwwwwwwwww
2 HOUSE SUMMARY
3 Revises various provisions relating to the management of
the water resources of the state.
4
In the formulation of the state water use plan, requires
5 the Department of Environmental Regulation to give due
consideration to the promotion of bth water conservation
6 as an integral part of water management programs, rules,
and plans and the use andreuseof water of the lowest
7 acceptable quality for the'purpose ntended"nd to the
development of innovative methods of water recycling,
8 encouraged by incentives granted by the department.
9 Authorizes governing boards of water management districts
to delegate powers and duties for administration of the
10 Florida water Resources Act of 1972 to county and
municipal gvfyevmenta, under certain ciriamstaes.
11 Provl!ds for district remedies as an alternative to local
enforcement of local provisions, and provides fog.
12 consolidation of district and local lawsuits against the
13
Provides, that provisions relating to permit application
issued by the Department of Environmental Regulation
15 pursuant to a local pollution control program shall not
affect the authority of any local government. to establish
16 fees related to permits, including, but not limited to,
the authority to establish the amount of such .9ee.
17
Revises responsibilities with respect to the smagament
18 of water resources under chapter 373, F.S. Gives the
water management districts authority and reap o bity
19 for implementation and enforcement of provisions relating
to the Florida Hater Resources Act, consumptive ius
20 permitting, the regulation of water wells, and the
management and storage of surface waters. Req f ir the
21 Department of Environmental Regulation to adopt'rules and
review procedures as necessary to administer it
22 supervision of the water management districts. See bill
for details.
23
Provides that construction of a sewage treatment project
24 which uses artificial recharge or the intentional
introduction of water into an underground formation as a
25 method of wastewater disposal shall be within the
exclusive jurisdiction of the Department of.Environmental
26 Regulation rather than the local water management
district. Provides that the department shall have
27 exclusive jurisdiction over methods of wastewater
disposal and the amount of water reuse required.
28
Directs the Board of Trustees of the Internal Improvement
29 Trust Fund to adopt rules authorizing the respective
water management districts, beginning January 1, 1990, to
30 serve as agents for the board and to act in its behalf in
granting riparian owners described easements, licenses,
31 and leases. Provides that the boards on its own motion,
74

CODING: Words stricken are deletions words underlined are additions.


HS 1281


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


may initiate review of such action by a water management
district. Provides that revenues derived from
application fees for the grant of easements, licenses,
and less shall be divided between the water management
districts and the Internal Improvement Trust Fund in a
described manner.
Provides for transfer of jurisdictionl-ver the Warren S.
Henderson Wetlands Protection Act of 1984 from the
Department of Environmental Regulation to the water
management districts, effective January 1, 1990. Directs
water management districts to adopt rules to sonsolidate
dredging and filling permitting criteria for wetlands
formerly protected under said acts and for certain other
isolated wetlands, with district rules relating to
surface water management and storage. Provides for
issuance of environmental permits or certain dredging
and filling projects, including construction or
maintenance of certain marinas, seawalls, transmission
lines, and navigation channels, by water management
districts rather than the Department of Natural
Resources. Provides for such transfer of
responsibilities by January 1, 1990, and provides for a
study to determine the advisability of transferring other
water programs to the water management districts.
Provides or issuance of permits for district projects by
the department.
Declares the intent of the Legislature that the discharge
of untread stated stwater is a source of water pollution
and requires regulation by water management districts.
Directs each water management district to adopt rules,
effective January 1, 1990, consolidating its rules
relating to management and storage of surface waters with
rules for the regulation of stormwater discharges.
Requires that conditions for coastal construction permits
issued by the Department of Natural Resources be
consistent with scientific assessments and
recommendations made by water management districts in
regulating surface water quality. Provides that where
oil and gas leases involve sovereign submerged lands or
wetland areas wi thin the jurisdiction of the water
management districts, scientific assessments and
recommendations of the districts shall e binding in the
evaluation of the terms and conditions of the lease.
Provides that the districts' scientific assessments and
recommendations shall be binding in setting reclamation
performance standards with respect to the extraction of
limestone and other resources.
Revises the Florida Safe Drinking Hater Act to provide
responsibility of the Department of Environmental
Regulation, and remove joint responsibility of the
Department of Health and Rehabilitative Services, for
operation of the state water supply program. Removes
duties and responsibilities of the Department of Health
and Rehabilitative Services with respect too plans for
emergency provision of waters water sampling and
inspection of certain property; establishment of
laboratories for analysis of water samples) analysis of
75


CODINGt Words stricken are deletions; words underlined are additions.

















Florida House of Representatives 1988 NB 1281
152-848-3-8





1 sample from the public water supply system the state
public water supply laboratory certification program and
2 the public water supply accountii program. Authorizes
delegation of certain responsibilities by the Department
3 of Environmental Regulation to county health departments ;
or local pollution control programs. Provides for
4 transfer of certain funds for delegated programs. See
bill for details.
Amends and revises growth management provisions which
6 relate to developments of regional impact and the
conceptual agency review of 4evelepeent approval
7 concurrently with the development-of-regional-impact
review. Direct* the Department of Community Affairs to
8 revise certain procedures. See bill for details.
9
10
11

This publication tas produOed at an average cost of 1.12 cents
13 per single page in compliance with the Rules and for
the information of members of the Legislature and the public.

15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
76

COOING: oHrds stricken are deletions words underlined are additions.




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs