Title: Water Resources - Chapter 373
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Title: Water Resources - Chapter 373
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Spatial Coverage: North America -- United States of America -- Florida
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Abstract: Water Resources - Chapter 373
General Note: Box 11, Folder 7 ( Environmental Efficiency Study Commission - 1988 ), Item 7
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. 157WR


CHAPTER 373
WATER RESOURCES
PART I STATE WATER RESOURCE PLAN (ss. 373.012-373.197)
PART II PERMITTING OF CONSUMPTIVE USES OF WATER
(ss. 373.203-373.249)
PART III REGULATION OF WELLS (ss. 373.303-373.342)
PART IV MANAGEMENT AND STORAGE OF SURFACE WATERS
(ss. 373.403-373.4595)
PART V FINANCE AND TAXATION (ss. 373.495-373.59)
PART VI MISCELLANEOUS PROVISIONS (ss. 373.603-373.619)


PART I

STATE WATER RESOURCE PLAN

373.012 Topographic mapping.
373.013 Short title.
373.016 Declaration of policy.
373.019 Definitions.
373.023 Scope and application.
373.026 General powers and duties of the depart-
ment.
373.029 Southeast River Basins Resources Advisory
Board.
373.033 Saltwater barrier line.
373.036 State water use plan.
373.039 Florida water plan.
373.0395 Ground water basin resource availability in-
ventory.
373.0397 Floridan and Biscayne aquifers; designation
of prime ground water recharge areas.
373.042 Minimum flows and levels.
373.043 Adoption and enforcement of regulations by
the department.
373.044 Rules and regulations; enforcement; avail-
ability of personnel rules.
373.046 Interagency agreements.
373.047 Cooperation between districts.
373.056 State agencies, counties, drainage districts,
municipalities, or governmental agencies
or public corporations authorized to con-
vey or receive land from water manage-
ment districts.
373.069 Creation of water management districts.
373.0691 Transfer of areas.
373.0693 Basins; basin boards.
373.0695 Duties of basin boards; authorized expendi-
tures.
373.0697 Basin taxes.
373.0698 Creation and operation of basin boards; oth-
er laws superseded.
373.073 Governing board.
373.076 Vacancies in the governing board; removal
from office.


373.079 Members of governing board; oath of office;
staff.
373.083 General powers and duties of the governing
board.
373.084 District works, operation by other govern-
mental agencies.
373.085 Use of works or land by other districts or pri-
vate persons.
373.086 Providing for district works.
373.087 District works using aquifer for storage and
supply.
373.088 Application fees for certain real estate trans-
actions.
373.089 Sale of lands.
373.093 Lease of lands or interest in land.
373.096 Releases.
373.099 Execution of instruments.
373.103 Powers which may be vested in the govern-
ing board at the department's discretion.
373.106 Permit required for construction involving un-
derground formation.
373.107 Citation of rule.
373.109 Permit application fees.
373.113 Adoption of regulations by the governing
board.
373.114 Land and Water Adjudicatory Commission;
review of district rules and orders; depart-
menl review of district rules.
373.116 Procedure for water use and impoundment
construction permit applications.
373.117 Certification by professional engineer.
373.118 General permits.
373.119 Administrative enforcement procedures; or-
ders.
373.123 Penalty.
373.129 Maintenance of actions.
373.136 Enforcement of regulations and orders.
373.139 Acquisition of real property.
373.146 Publication of notices, process, and papers.
373.149 Existing districts preserved.
373.171 Rules and regulations.
373.175 Declaration of water shortage; emergency
orders.
373.191 County water conservation projects.


C -


Ch. 373


FvS. 1987


WATER RESOURCES









( Ch. 373
373.196 Legislative findings.
373.1961 Water production
373.1962 Regional water supply
373.1963 Assistance to West Co
Supply Authority.
373.1965 Kissimmee River Valley
Nubbins Slough Basin
cil on restoration; proj
373.197 Kissimmee River Valley
Nubbins Slough Basr
measures authorized.
373.012 Topogrpap mapping.
(1) In order to accelerate topo
this state by the United States Ge
Department of Transportation is he
directed to set aside, to pledge, ar
annually out of its State Transporta
sum of $30,000; and the Board of Tn
Improvement Trust Fund is hereby
reacted to set aside, to pledge and t
nually out of the Land Acquisition
of $10,000; and the South Florida
District out of its funds to be derived
of special assessments of its fle
authorized and directed to set asic
make available annually such sum
to meet the needs for topographic
fecting said district. Such sums sha
S i Treasurer of the United Slates or to
to be applied by the Department
Geological Survey, as to said Depar
tion and to said Board of Trustee;
provement Trust Fund, toward the
ceeding one-half the cost of stand
ping in this state conducted by the
logical Survey and as to said flood
applied toward the payment of suc
of such cost as said district may c
however, that said sums authorize
the Department of Transportation
Trustees of the Internal Improverm
not prevent either of said agencies
tional amounts for topographic ma
either agency may consider of priori
est of said agencies
(2) To further accelerate the
graphic mapping may be carried on
agency having funds available fc
county or drainage or reclamation or
organized under the laws of this st
or corporation, is authorized to con
such mapping by depositing with
Transportation such amounts as m
be applied in lke manner toward I
in this state as set forth in subsecl
(3) The Department of Transpo
Trustees of the Internal Improveme
state, and the South Florida Water
are hereby authorized to make su
0 enter into such agreements with t
may be necessary to carry out the
tion.


;~`~~~Sl r~ Wr:~; v T~~r:ri( fl-' ~ -;" .-. .


WATER RESOURCES


authorities.
ast Regional Water
and Taylor Creek-
, coordinating coun-
ecl implementation.
and Taylor Creek-
Srestoration project,

graphic mapping in
logical Survey, the
reby authorized and
id to make available
action Trust Fund the
ustees of the Internal
Authorized and di-
o make available an-
Trust Fund the sum
Water Management
Iout of the proceeds
od control taxes, is
le, to pledge and to
as may be required
mapping of areas at-
l be delivered to the
other proper officer,
of the Interior, U. S.
tment of Transporta-
s of the Internal Im-
payment of not ex-
id topographic map-
SUnited States Geo-
control district to be
h proportion or part
determine Provided,
d in this section for
and for the Board of
ent Trust Fund shall
from providing addi-
Iping of areas which
ty status in the inter-
rate at which topo-
in Florida, any state
r the purpose, any
flood control district
ate, any person. firm
tribute to the cost of
the Department of
ay be determined to
opographic mapping
tion (1)
rotation, the Board of
nt Trust Fund of this
Management District
ch arrangements or
he United States as
purposes of this sec-


F.&. 1ia


(4) The Board of Trustees of the Internal Improve.
mert Trust Fund, as and when copies of topographic
maps are made available to it, shall file such maps in the
same manner as other maps and plats of land surveys
by the United States, and the maps shall be available for
examination by any interested person
Hile .- 1.2.3 4. ch 57-775. 2 ch 61-119. s I.ch 65-476. a 23 27
35 ch W6-106. 2 3 ch 13-51 s 35, ch 9-66
373.913 Short te.-This chapter shall be known as
the "Florida Water Resources Act of 1972."
HlMEy.-,. 1 pan I ch 72-299
373.01 Declratlon of poly.-
(1) The waters in the state are among its basic re-
sources. Such waters have not heretofore been con-
served or fully controlled so as to realize their full benefi-
cial use.
(2) It is further declared to be the policy of the Legis-
lature:
(a) To provide for the management of water and re-
lated land resources;
(b) To promote the conservation, development, and
proper utilization of surface and ground water;
(c) To develop and regulate dams, impoundments,
reservoirs, and other works and to provide water storage
for beneficial purposes;
(d) To prevent damage from floods, soil erosion, and
excessive drainage,
(e) To preserve natural resources, fish, and wildlife;
(f) To promote the pubhc policy set forth in s.
403.021;
(g) To promote recreational development, protect
public lands, and assist ir maintaining the navigability
of nvers and harbors, and
(h) Otherwise to promote the health, safety, and
general welfare of the people of this state.
(3) The Legislature recognizes that the water re-
source problems of the state vary from region to region,
both Rn magnitude and complexity It is therefore the in-
tent of the Legislature to vest in the Department of Envi-
ronmental Regulation or its successor agency the power
and responsibility to accomplish the conservation, pro-
tection, management, and control of the waters of the
state and with sufficient flexibility and discretion to ac-
complish these ends through delegation of appropriate
powers to the various water management districts The
department may exercise any power herein authorized
to be exercised by a water management district; howev-
er, to the greatest extent practicable, such power
should be delegated to the governing board of a water
management district
HIn y.-i 2 paiel ch 72-299. s 36, ch. 79-65. 70. ch. 83-310.
373.019 Definitions.-When appearing in this chap-
ter or in any rule, regulation, or order adopted pursuant
thereto, the following words shall, unless the context
clearly indicates otherwise, mean:
(1) "Department" means the Department of Environ-
mental Regulation or its successor agency or agencies.
(2) "Water management district" means any flood
control, resource management, or water management
district operating under the authority of this chapter.
106


--


I











FS. W WT


(3) "Governing board" means the governing board of
a water management district.
(4) "Reasonable-beneficial use" means the use of
waler in such quantity as is necessary for economic and
efficient utilization for a purpose and in a manner which
is both reasonable and consistent with the public inter-
est.
(5) "Person" means any and all persons, natural or ar-
tificial, including any individual, firm, association, organi-
zation, partnership, business trust, corporation, compa-
ny, the United States of America, and the state and all
political subdivisions, regions, districts, municipalities,
and public agencies thereof. The enumeration herein is
not intended to be exclusive or exhaustive.
(6) "Domestic use" means the use of water for the in-
dividual personal household purposes of drinking, bath-
ing, cooking, or sanitation All other uses shall not be
considered domestic.
(7) "Nonregulated use" means any use of water
which is exempted from regulation by the provisions of
this chapter
(8) "Water" or "waters in the state" means any and all
water on or beneath the surface of the ground or in the
atmosphere, including natural or artificial watercourses,
lakes, ponds, or diffused surface water and water perco-
lating, standing, or flowing beneath the surface of the
ground, as well as all coastal waters within the jurisdic-
tion of the state.
(9) "Ground water" means water beneath the sur-
face of the ground, whether or not flowing through
known and definite channels
(10) "Surface water" means water upon the surface of
the earth, whether contained in bounds created natural-
ly or artificially or diffused Water from natural springs
shall be classified as surface water when it exits from
the spring onto the earth's surface.
(11) "Stream" means any river, creek, slough, or natu-
ral watercourse in which water usually flows in a defined
bed or channel. It is not essential that the flowing be uni-
form or uninterrupted. The fact that some part of the bed
or channel has been dredged or improved does not pre-
vent the watercourse from being a stream.
(12) "Other watercourse" means any canal, ditch, or
other artificial watercourse in which water usually flows
in a defined bed or channel It is not essential that the
flowing be uniform or uninterrupted
(13) "Coastal waters" means waters of the Atlantic
Ocean or the Gulf of Mexico within the jurisdiction of the
state.
(14) "Impoundment" means any lake, reservoir, pond,
or other containment of surface water occupying a bed
or depression in the earth's surface and having a dis-
cernible shoreline.
(15) "Works of the district" means those projects and
works, including, but not limited to, structures, impound-
ments, wells, streams, and other watercourses, together
with the appurtenant facilities and accompanying lands,
which have been officially adopted by the governing
board of the district as works of the district.
H otmy.-s 3. part I,. ch 72-299; a 37. ch 79-65. s 1. ch 80-259, s. 5, ch.
82-101


373.023 Scope and application.-
(1) All waters in the state are subject to regulation
under the provisions of this chapter unless specifically
exempted by general or special law.
(2) No state or local government agency may en-
force, except with respect to water quality, any special
act, rule, regulation, or order affecting the waters in the
state controlled under the provisions of this act, whether
enacted or promulgated before or after the effective
date of this act, until such special act, rule, regulation,
or order has been filed with the department. However,
any agency empowered to issue emergency orders af-
fecting such waters may enforce such emergency or-
ders prior to filing such orders with the department. Any
rule or regulation in effect on the effective date of this
act which is not filed with the department within 180
days after the effective date of this act shall be deemed
repealed if the notice hereinafter called for shall have
been received by the state or local agency issuing such
rule or regulation The department is directed to notify
by certified or registered mail every state or local gov-
ernment agency known to be authorized to enforce any
special act. rule. regulation or order affecting the waters
of the state regarding the provisions of this subsection.
The department is directed to review periodically such
special acts, rules, regulations, and orders and to rec-
ommend to the appropriate agencies or the Legislature
the amendment, consolidation, or revocation of inconsis-
tencies or duplications therein.
(3) Any state or local governmental agency or other
person having the power of eminent domain or condem-
nation under the laws of this state must notify the de-
partment or the governing board of a water manage-
ment district prior to exercising that power
lgry.-s 4 pan I ch 72-299 s 1. ch 73-190
373.026 General powers ad duties of the deprt-
mnt--The Department of Environmental Regulation,
or its successor agency, shall be responsible for the ad-
ministration 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 interagency or
interocal agreements with any other state agency, any
water management district, or any local government
conducting programs related to or materially affecting
the water resources of the state. All such agreements
shall be subject to the provisions of s. 373.046. In addi-
tion to its other powers and duties, the department shall,
to the greatest extent possible:
(1) Conduct, independently or in cooperation with
other agencies, topographic surveys, research, and in-
vestigations into all aspects of water use and water qual-
ity.
(2) Be the central repository for all scientific and fac-
tual information generated by local governments, water
management districts, and state agencies relating to
water resources and. to that end, collect, maintain, and
make available such information to public and private
users within the state and assist in the acquisition of sci-
entific and factual data from water management dis-
tricts, local governments, and the United States Geolog-
ical Survey All local governments, water management
districts, and state agencies are directed to cooperate


.. '. s..;;.~:- ; .


FS. 1987


WATER RESOURCES


Ch. 373













ch 373 R


with the department or its agents in making available to
it for this purpose such scientific and factual data as
they may have, generate, or possess, as the department
deems necessary. The department is authorized to pre-
scribe the format and ensure quality control for all data
collected or submitted.
(a) Additionally, the department shall annually pub-
lish a bibliography of all water resource investigations
conducted in the state; the first such bibliography shall
be published no later than July 1. 1984.
(b) The department is additionally directed to estab-
lish priorities for the development of a computerized
ground water data base upon the following principles:
1. Regions deemed prone to ground water contami-
nation due to land use.
2. Regions that have an identifiable direct connec-
tion with any confined aquifer utilized as a drinking water
aquifer.
3. Any region dependent on a single source aquifer.
(3) Cooperate with other state agencies, water man-
agement districts, and regional, county, or other local
governmental organizations or agencies created for the
purpose of utilizing and conserving the waters in this
state; assist such organizations and agencies in coordi-
nating the use of their facilities; and participate in an ex-
change of ideas, knowledge, and data with such organi-
zations and agencies. For this purpose, thedepartment
may maintain an advisory staff of experts.
(4) Prepare and provide for dissemination to the
public of current and useful information relating to the
water resources of the state.
(5) Identify by continuing study those areas of the
state where saltwater intrusion is a threat to freshwater
resources and report its findings to the water manage-
ment districts, boards of county commissioners, and
public concerned.
(6) Conduct, either independently or in cooperation
with any person or governmental agency, a program of
study, research, and experimentation and evaluation in
the field of weather modification.
(7) Exercise general supervisory authority over all
water management distncts The department may exer-
cise any power herein authorized to be exercised by a
water management district.
(8Xa) Provide such coordination, cooperation, or ap-
proval necessary to the effectuation of any plan or proj-
ect of the Federal Government in connection with or
concerning the waters in the slate. Unless otherwise
provided by state or federal law, the department shall,
subject to confirmation by the Legislature, have the
power to approve or disapprove such federal plans or
projects on behalf of the state if such plan or project is
for a coastalinlet, the department shall first consult with
the Division of Beaches and Shores of the Department
of Natural Resources for a determination of the impact
of the plan or project on the sandy beaches in the state.
If the Department of Natural Resources determines that
the plan will have a significant adverse impact on the
sandy beaches, the Department of Environmental Regu-
lation shall not approve the plan or project unless it is
revised to mitigate those impacts in accordance with the
recommendations of the Department of Natural Re-
sources.


(b) The department, subject to confirmation by the
Legislature. shall act on behalf of the state in the negoti-
ation and consummation of any agreement or compact
with another state or states concerning waters of the
state.
(9)(a) Hold annually a conference on water re-
sources developmental programs. Each agency, com-
mission, district, municipality, or political subdivision of
the state responsible for a specific water resources de-
velopment program requiring federal assistance shall
present at such conference its programs and projects
and the needs thereof. Notice of the time and place of
the annual conference on water resources developmen-
tal programs shall be extended by mail at least 30 days
prior to the date of such conference to any person who
has filed a written request for notification with the de-
partment Adequate opportunity shall be afforded for
participation at the conference by interested members
of the general public.
(b) Upon termination of the water conference, the
department shall select those projects for presentation
in the Florida program of public works which best repre-
sent the publc welfare and interest of the people of the
state as required for the proper development, use, con-
servation, and protection of the waters of the state and
land resources affected thereby. Thereafter, the depart-
ment shall present to the appropriate committees and
agencies of the Federal Government a program of public
works for Florida, requesting authorization for funds for
each project
NHti0.-s. 5, put I. ch. 72-299; 4. ch. 74-114; s. 38, ch. 79-65; s. 2. ch.
83-310, s. It. ch 8-138; 21, ch. 81-97.
373.029 Souheast River Basins Resources Advi-
sory Bord.-
(1) The Governor of this state shall have authority to
appoint a representative of this state to serve on the Re-
sources Advisory Board, Southeast River Basins. as said
board is now, or may hereafter be, authorized, designat-
ed, and constituted. This power of appointment shall in-
clude the authority to fill vacancies in the position of rep-
resentative of this state on said board from whatever
cause existing and, from time to time, to make appoint-
ments for successive terms.
(2) The representative of this state on said board
shall be reimbursed by this state for his necessary travel
expenses while engaged in the business of said board,
as provided by s. 112061
(3) For the purpose of paying Florida's pro rata
share of the expense of maintaining and operating the
Resources Advisory Board, Southeast River Basins, the
department may expand an amount not in excess of
S$25,000 per annum out of moneys allocated the depart-
ment.
(4) The Resources Advisory Board, Southeast River
Basins, is hereby authorized to enter into whatever
agreement or agreements are necessary for the purpose
of extending old-age and survivors insurance coverage
to the employees of said board. Funds appropriated to
or available to said board may be expended for such
purpose. The board is hereby authorized to take whatev-
er action or actions deemed necessary to provide the
aforesaid coverage.
HMisty.-s. 1,2,3. ch. 63-407, 1.ch 65-510s 1, ch 67-595. ss 25.35.ch


a


WATER RESOURCES


Ch 373


F.. 1987




i- .' ,i--r


F.S. 1987 WATER REI

69- 106. s 25. ch 73-190, s 39. ch 79-65
Noe.-Former s 373 193
373.033 Saltwater barrier I n.-
(1) The department may, at the request of the board
of county commissioners of any county, at the request
of the governing board of any water management dis-
trict, or any municipality or wal r district responsible for
the protection of a public water supply, or, having deter-
mined by adoption of an appro nate resolution that salt-
water intrusion has become ar titer of emergency pro.
portions, by its own initiative. establish generally along
the seacoast, inland from the ashore and within the
limits of the area within which he petitioning board has
jurisdiction, a saltwater barrier I ne inland of which no ca-
nal shall be constructed or enlarged, and no natural
stream shall be deepened or enlarged which shall dis-
charge into tidal waters without a dam, control structure
or spillway at or seaward of I ie saltwater barrier lne,
which shall prevent the mover nent of salt water inland
of the saltwater barrier line. Pr vided, however, that the
department is authorized, in cases where saltwater in-
trusion is not a problem, to w; ve the requirement of a
barrier structure by specific p( rmit to construct a canal
crossing the saltwater barrier ne without a protective
device and provided, further tht the agency petitioning
for the establishment of the s itwater barrier line shall
concur in the waiver.
(2) Application by a board f county commissioners
or by the governing board of a water management dis-
trict, a municipality or a water district for the establish-
ment of a saltwater barrier line shall be made by adop-
tion of an appropriate resolutii agreeing to:
(a) Reimburse the depart ant the cost of necessary
investigation, including, but nrt limited to, subsurface
exploration by drilling, to dete mine the proper location
of the saltwater barrier line in t I county or in all or part
of the district over which the applying agency has jurs-
diction
(b) Require compliance w th the provisions of this
law by county or distinct force s under their control; by
those individuals or corporate ons filing plats for record
and by individuals, corporations or agencies seeking au-
thority to discharge surface or subsurface drainage into
tidal waters.
(3) The board of county co missioners of any coun-
ty or the governing board of ar y water management dis-
trict, municipality or water district desiring to establish
a saltwater barrier line is authe Ized to reimburse the de-
partment for any expense ent iled m making an investi-
gation to determine the pro location of the saltwater
barner line, from any funds av ilable to them for general
administrative purposes.
(4) The department, any ard of county commis-
sioners, and the governing board of any water manage-
ment district, municipality, or water district having com-
petent jurisdiction over an area in which a saltwater bar-
rier is established shall be charged with the enforcement
of the provisions of this section, and authority for the
maintenance of actions set forth in s. 373.129 shall apply
to this section.
(5) The provisions of s. 373.191 shall apply specifi-
cally to the authority of the board of county commission-


SOURCES


Ch. 373


ers, or to the governing board of a water management
district, a municipality, or a water district having jurisdic-
tion over an area in which a saltwater barrier ine is es-
tablished, to expend funds from whatever source may
be available to them for the purpose of constructing salt-
water barner dams, dikes, and spillways within existing
canals and streams in conformity with the purpose and
intent of the board in establishing the saltwater barrier
line.
HiSteo -s 2. ch 63-210; st 25. 35. ch 69-106: s 25 ch 73-190; & 14. ch.
78-95 s 40 ch 79-65; 85. ch 79-164
N4M.-Former s 373 194
373.036 State water use plan.-
(1) The department shall proceed as rapidly as pos-
sible to study existing water resources in the state;
means and methods of conserving and augmenting
such waters, existing and contemplated needs and
uses of water for protection and procreation of fish and
wildlife. irrigation, mining, power development, and do-
mestic, municipal, and industrial uses, and all other re-
lated subjects, including drainage, reclamation, flood
plain or flood-hazard area zoning, and selection of reser-
voir sites The department shall cooperate with the Ex-
ecutive Office of the Governor, or its successor agency,
progressively to formulate, as a functional element of a
comprehensive state plan, an integrated, coordinated
plan for the use and development of the waters of the
state, based on the above studies This plan, with such
amendments, supplements, and additions as may be
necessary from time to time, shall be known as the state
water use plan
(2) In the formulation of the state water use plan, the
department shall give due consideration to.
(a) The attainment of maximum reasonable-
beneficial use of water for such purposes as those re-
ferred to in subsection (1).
(b) The maximum economic development of the wa-
ter resources consistent with other uses.
(c) The control of such waters for such purposes as
environmental protection, drainage, flood control, and
water storage.
(d) The quantity of water available for application to
a reasonable-beneficial use
(e) The prevention of wasteful, uneconomical, im-
practical. or unreasonable uses of water resources.
(f) Presently exercised domestic use and permit
rights
(g) The preservation and enhancement of the water
quality of the state and the provisions of the state water
quality plan.
(h) The state water resources policy as expressed
by this chapter.
(3) During the process of formulating or revising the
state water use plan, the department shall consult with,
and carefully evaluate the recommendations of, con-
cerned federal, state, and local agencies, particularly
the governing boards of the water management dis-
tricts, and other interested persons
(4) Each governing board is directed to cooperate
with the department in conducting surveys and investi-
gations of water 'resources, to furnish the department
with all available data of a technical nature, and to ad-
vise and assist the department in the formulation and


LL ~












WATER RESOURCES


drafting of those portions of the state plan applicable to
the district.
(5) The department shall not adopt or modify the
state water use plan or any portion thereof without first
holding a public hearing on the matter At least 90 days
in advance of sbch hearing, the department shall notify
any affected governing boars, and shall give notice of
such hearing by publication within the affected region
pursuant to the provisions of chapter 120. except such
notice by publication shai be extended at least 90 days
in advance of such hearings.
(6) For the purposes of this plan the department
may. in consultation with the affected governing board,
divide each water managinent district into sections
which shall conform as nearly as practicable to hydro-
logically controllable areas and describe al water re-
sources within each area.
(7) The department shall give careful consideration
to the requirements of public recreation and to the pro-
tection and procreation of fish and wildlife. The depart-
ment may prohibit or restrict other future uses on certain
designated bodies of water which may be inconsistent
with these objectives.
(8) The department may designate certain uses in
connection with a particular source bt supply which, be-
cause of the nature of the activity or the amount of water
required, would constitute an undesirable use for which
the governing board may deny a permit.
(9) The department may designate certain uses in
connection with a particular source of supply which, be-
cause of the nature of the activity or the amount of water
required, would result in an enhancement or improve-
ment of the water resources of the area. Such uses shall
be preferred over other uses in the event of competing
applications under the permitting systems authorized
by this chapter
(10) The department, in cooperation with the Execu-
tive Office of the Governor, or its successor agency, may
add to the state water use plan any other information.
directions, or objectives it deems necessary or desirable
for the guidance of the governing boards or other agen-
cies in the administration and enforcement of this chap-
ter.
HMiy.-s. 6, part 1, c 12-299* s 2.3 ch 73-190. 122, ch. 79-19
373.039 Florida water plan.-The state water use
plan together with the water quality standards and clas-
sifications of the department or its successor agency
shall constitute the Florida water plan. The state water
use plan should be developed i coordination with the
water quality standards system
nI ry.-s 7. pil I ch 12-291 s 41. ch 79-65
373.39 Ground water bain resource availability
Invetory.-Each water management district shall de-
velop a ground water basin resource availabihty invento-
ry covering those areas deemed appropriate by the gov-
erning board. This inventory shall include, but not be lim-
ited to, the following:
(1) A hydrogeologic study to dehne the ground wa-
ter basin and its associated recharge areas.
(2) Site specific areas in the basin deemed prone to
contamination or overdraft resulting from current or pro-
jected development


(3) Prime ground water recharge areas
(4) Cnteria to establish minimum seasonal surface
and ground water levels.
(5) Areas suitable for future water resource develop.
ment within the ground water basin
(6). Existing sources of wastewater discharge suit-
able for reuse as well as the feasibility of integrating
coastal welfields.
(7) Potential quantities of water available for con-
sumptive uses.
Upon completion, a copy of the ground water basin
availability inventory shall be submitted to each affected
municipaety, county, and regional planning agency. This
inventory shall be reviewed by the affected municipali-
ties, counties, and regional planning agencies for con-
sistency with the local government comprehensive plan
and shall be considered in future revisions of such plan.
It is the intent of the Legislature that future growth and
development planning reflect the limitations of the avail-
able ground water or other available water supplies.
ilterl.-s 6. Ch 82-101
373.037 Foidn and lleayne aquMif; deaigna-
won of prime ground water resage arem -Upon
preparation of an inventory of prime ground water re-
charge areas for the Floridan or Biscayne aquifers as a
part of the requirements of s. 373.0395(3), but prior to
adoption by the governing board, the water manage-
ment district shall publish a legal notice of public hear-
ing on the designated areas for the Flondan and Bis-
cayne aquifers, with a map delineating the boundaries
of the areas, in newspapers defined in chapter 50 as
having general circulation within the area to be affected.
The notice shall be at least one-fourth page and shall
read as follows
NOTICE OF PRIME RECHARGE AREA DESIGNATION
The i.a. rotr.ni.ulmln proposes to designate spe-
cific land areas as areas of prime recharge to the ina
at.del Aquifer
Al concerned citizens are invited to attend a public
hearing on the proposed designation to be held on _I-
fwdlW at i.iwrm L aL.
A map of the affected areas follows
The governing board of the water management district
shall adopt a designation of prime ground water re-
charge areas to the Floridan and Biscayne aquifers by
rule within 120 days after the public hearing, subject to
the provisions of chapter 120
lHllry.-s 2 ch 85-42
373.042 Minimum flows and levels.-Within each
section, or the water management district as a whole,
the department or the governing board shall establish
the following:
(1) Minimum flow for all surface watercourses in the
area. The minimum flow for a given watercourse shall be
the limit at which further withdrawals would be signifi-
cantly harmful to the water resources or ecology of the
area.
(2) Minimum water level. The minimum water level
shall be the level of ground water in an aquifer and the


Ch. 373


F.&. IM


I Iss --- s_ I ___ _











S F.S. 197


level of surface water at which further withdrawals
would be significantly harmful to the water resources of
the area.
The minimum flow and minimum water level shall be cal-
culated by the department and the governing board us-
ing the best information available. When appropriate,
minimum flows and levels may be calculated to reflect
seasonal variations. The department and the governing
board shall also consider, and at their discretion may
Provide for, the protection of nonconsumptive uses in
the establishment of minimum flows and levels.
NHMiy.-s 8.9& tl. h r2-29. 2 ch 73-190
Nmes-Foamnf 373017 O

373M.03 Adpn and nfortm emt of veguleas
by Onr depatmenst-The department shall adopt, pro-
mulgate, and enforce such regulations and review pro-
cedures as may be necessary or convenient to adminis-
ter the provisions of this chapter.
-ns y.-s pll. ch 72-290 s 5. ch 4-114

373.M04 anft.l d Pimg nmte.- !a cnavan -
ab t of p rama rlt--itn administering this chap-
ter, the governing board of the district is authorized to
make and adopt reasonable rules, regulations, and or-
ders which are consistent with law; end such rules, regu-
lations, and orders may be enforced by mandatory in-
junction 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 Ad-
ministrative Code or the Florida Administrative Weekly.
Hemy.-e 4. ch 29790. 195 25 ch 73-190. 3. ch 84-341
Na e.-rorm. s 318 151
373.046 nteagency ageements.-
(1) The department may enter into interagency
agreements with or among any other state agencies
conducting programs or exercising powers related to or
affecting the water resources of the state. Such agree-
ments may establish principal-agency or contract rela-
tionships; provide for cross-deputization of enforce-
Sment personnel: provide for consolidation of facilities.
equipment, or personnel; or provide such other relation-
Sships as may be deemed beneficial to the public inter-
est. Such interagency agreements shall be promulgated
in the same manner as rules and regulations, subject to
chapter 120. AN state agencies conducting programs or
exercising powers relating to or affecting the water re-
sources of the state are hereby authorized to delegate
such authority to the department or any of the several
water management districts pursuant to such interagen-
cy agreements
(2) The St. Johns River Water Management District
and the Southwest Florida Water Management District
shall enter into an interagency agreement allowing the
j. Southwest Florida Water Management District to proc-
S ess all permit applications for activities within Polk Coun-
Sty requiring a permit from the St. Johns River Water Man-
i agement District.
y a .-- s 9, part I, ch. 72-299; s 3, ch 85-211

373.047 Cooperation between districts.-Any wa-
ter management district is authorized to advise flood


control districts or other water management districts of
the state in processing matters with the federal govern-
ment and to render such technical assistance as may be
helpful to the efficient operation of such other distncts.
HIsl .-s I ch 61-245 a 25. c 713-190. a 2. n 86-22
N-.-Former 1 37852

373.056 Stfte agencies, counties, drainage die-
trict, mnlcipalMlee, or goeernmental agencies or
publ cpairalihrm awtoruid to cenny or receive
taml fram waer mmagmnat dhiIcll.-
(1Ka) When it is found to be in the public interest
and for the public convenience and welfare, and for the
public benefit, and necessary for carrying out the works
or improvement of any water management district re-
ferred to in this chapter for the protection of property
and the inhabitants in the district against the effects of
water, either from its surplus or deficiency, and for as-
sisting the district in acquiring land for the purposes of
the district at least public expense, any state agency,
any county, any drainage district, any municipality, or
any governmental agency or public corporation in this
state holding title to land is hereby authorized, in the dis-
cretion of the proper officer or officers, the county com-
missioners of any county, or the governing board of any
agency referred to in this section, to convey the title to
or to dedicate land, title to which is in such agency, in-
cluding tax-reverted land, or to grant use rights therein
to any water management district
(b) The land to which this section applies shall be lo-
cated within the boundaries of the water management
district.
(2) Land granted or conveyed to the district or dedi-
cated to the purposes thereof, or use rights in such land
granted thereto, shall be for the public purposes of the
district, and may be made subject to the condition that
in the event such land is not so used, or if used and sub-
sequently its use for such purpose is abandoned, that
granted shall cease as to the district and shall automati-
cally revert to the granting agency
(3) Any county, municipalty, drainage district, or
other taxing agency holding title to land through tax re-
version, foreclosure, or forfeiture, or through other pro-
cedure by which tag title vested in such agency, may,
pending the determination of needs of such district,
withhold from sale or other disposition from time to time
such land as in the judgment of such agency may be
needed or helpful n facilitating the purposes of this
chapter. In the event more than one taxing agency holds
tax title to the same land, resulting in multiple reversion.
each of the agencies may grant to such district such
right, title, or interest as it may have in such land.
(4) Any water management district within this chap-
ter shall have authority to convey to any other agency
described herein or to the United States Government,
including its agencies, land or rights in land owned by
such district not required for its purposes, under such
terms arind conditions as the governing board of such
district may determine.
(5) Any land granted or conveyed to such district, or
dedicated to the purposes thereof, or the use right of
which has been granted thereto shall not be subject to
the district taxes or other taxes or special assessments


WI IL -q*pl~1DS+$ ~~~ -'~-


WATER lsOURESC


Ch. 373


a


llAnM "111101HICI E----














-h. 373 WATER RES. 5 t*I


so long as such title or such rights remain in such dis-
trict.
(6) All rights-of-way of a water management district
which are within the boundaries of a drainage district
shall not be liable for maintenance taxes of the drainage
district.
Nislft.-ss 1. 2,3.4.5, ch 25213 1949; s 6, ch. 61-497; s. 25, ch. 73-190; .
3 ch 86-22
W o.-Form s. 378 46,
373.069 Creation of water managment ditrict.-
(1) At 1159 pm on December 31, 1976, the state
shall be divided into the following water management
districts:
(a) Northwest Florida Water Management District.
(b) Suwannee River Water Management District.
(c) St. Johns River Water Management District.
(d) Southwest Florida Water Management Distnct.
(e) South Florida Water Management Dslrict.
(2) Notwithstanding the provisions of any other spe-
cial or general act to the contrary, the boundaries of the
respective districts named in subsection (1) shall in-
clude the areas within the following boundaries-
(a) Northwest Florida Water Management District.-
Begin at the point where the section line between Sec-
lions 26 and 27, Township 4 South. Range 3 East inter-
sects the Gulf of Mexico. thence north along the section
line to the northwest corner of Section 2. Township 1
South, Range 3 East, thence east along the Talahassee
Base Line to the southeast comer of Section 36, Town-
S ship 1 North, Range 4 East; thence north along the range
line to the northwest corner of Section 6, Township 1
North, Range 5 East; thence east along the township
line to the southeast corner of Section 36, Township 2
North, Range 5 East: thence north along the range line
to the northeast corner of Section 24, Township 2 North,
Range 5 East; thence west along the section line to the
southwest corner of the east '/2 of Section 13, Township
2 North. Range 5 East. thence north to the northwest
corner of the east '/2 of Section 13, Township 2 North,
S Range 5 East, thence east along the section line to the
southeast corner of Section 12, Township 2 North,
Range 5 East, thence north along the range line to the
northeast corner of Section 24, Township 3 North,
Range 5 East; thence west along the Watson Line to the
southwest corner of Lot Number 168; thence north along
the line between Lot Numbers 168 and 169, 154 and 155
to the Georgia line; thence westward along the Georgia-
Florida line to the intersection of the south boundary of
the State of Alabama, thence west along the Alabama-
Florida lne to the intersection of the northwest corner Al-
abama-Florida Boundary; thence south along the Ala-
bama-Florida line to the Gulf of Mexico; thence east
along the Gulf of Mexico, including the waters of said
Gulf within the jurisdiction of the State of Flonda. to the
Point of Beginning.
(b) Suwannee River Water Management District.-
Begin in the Gulf of Mexico on the section line between
Sections 29 and 32, Township 15 South, Range 15 East;
thence east along the section lines to the southwest cor-
ner of Section 27, Township 15 South, Range 17 East;
thence north along the section line to the northwest cor-
(I ner of Section 3, Township 15 South, Range 17 East;
thence east along the section line to the easterly right


of way line of State Road No. 337, thence northerly along
said easterly right of way line of State Road No. 337 to
the southerly right of way line of State Road No. 24;
thence northeasterly along said southerly right of way
line of State Road No 24 to the Levy-Alachua county
line; thence south along the Levy-Alachua county line,
also being the range line between Range 17 and 18 East
to the southeast corner of Section 36, Township 11
South, Range 17 East; thence easterly along the Levy-
Alachua county line, also being the township line be-
tween Townships 11 and 12 South, to the southeast cor-
ner of Section 36, Township 11 South, Range 18 East;
thence rorth along the range line to the northwest cor-
ner of Section 19, -Township 9 South, Range 19 East;
thence east along the section line to the southeast cor-
ner of Section 13, Township 9 South, Range 19 East;
thence north along the range line to the northwest cor-
ner of Section 6, Township 9 South, Range 20 East;
thence eastward along the township line to the south-
east corner of Section 36, Township 8 South, Range 20
East; thence north along the township line to the north-
west corner of Section 18, Township 8 South, Range 21
East, thence east along the section line to the northeast
comer of Section 15, Township 8 South. Range 21 East;
thence south along the section line to the southwest cor-
ner of Section 23, Township 8 South. Range 21 East;
thence east along the section line to the northeast cor-
ner of Section 26, Township 8 South, Range 21 East;
thence south along the section line to the southwest cor-
ner of the north '/2 of Section 25, Township 8 South,
Range 21 East; thence east along a line to the northeast
corner of the south half of Section 25, Township 8 South,
Range 21 East; thence south along the range line to the
southwest corner of Section 30. Township 8 South,
Range 22 East, thence east along the section line to the
northeast corner of Section 32. Township 8 South,
Range 22 East; thence south along the section lne to
the southwest corner of Section 16, Township 9 South,
Range 22 East. thence eastward along the section line
to the southeast corner of the west '/e of Section 18,
Township 9 South, Range 23 East; thence northward to
the northeast corner of the west '/e of Section 18, Town-
ship 9 South, Range 23 East, thence west to the south-
west corner of Section 7. Township 9 South, Range 23
East. thence northward along the Bradford-Clay County
lne to the northeast corner of Section 36, Township 8
South, Range 22 East, thence west along the section
line to the southwest corer of the east '/2 of Section 25,
Township 8 South, Range 22 East. thence north to the
northeast corner of the west '/2 of Section 24, Township
8 South, Range 22 East; thence west along the section
line to the southwest corner of Section 13. Township 8
South, Range 22 East, thence north along the section
line to the northwest corner of Section 25, Township 7
South, Range 22 East. thence east along the section line
to the southeast corer of Section 24, Township 7 South,
Range 22 East; thence north along the Bradford-Clay
County line to the intersection of the south boundary of
Baker County; thence west along the Baker-Bradford
County line to the intersection of the east boundary of
Union County; thence west along the Union-Baker
County line to the southwest corner of Section 18, Town-
ship 4 South, Range 20 East; thence north 'along the


WATER IagaIusRCs


- *" ---'g--


Ch. 373


se ian,




*ft


wa&TrE ms namIsae


range hne to the northeast corner of Section 1, Township
3 South, Range 19 East, thence west along the township
line to the intersection of the east boundary of Conumbia
County; thence north along the Baker-Coumbia County
line to the intersection of the north boundary line of the
State of Florida; hence westward along the QGorgia-
Florida line to the northwest comer of Lot Number 155;
thence south along tie line between Lot Number 154
and 156, IWandl 169 to the Watson Line; hence east
along the Watseltine to the northeast comet of Section
24, TownShip 3 Ntorth, Range 5 East; thence south along
the rargp line betwAen Ranges 5 and 6 East to the
southeast corner of Section 12, Township 2 North,
Range 5 East; thence west along the section line to the
northwest corner of te east '/ of Section 13, Township
2 North, Range 5 East thence south to the southwest
corner of the east '/2 of Section 13, Township 2 North,
Range 5 East; thence east along the section line to the
northeast corner of Section 24, Township 2 North,
I Range 5 East; thence south along the range line be-
tween Ranges 5 and 6 East to the southeast comer of
SSection 36, Township 2 North, Range 5 East; thence
West along the township line between Township 1 and
S2 North to the northwest comer of Section 6, Township
I 1 North, Range 5 6st; thence south along the range line
between Ranges 4 and 5 East to the southeast corer
of Section 36, Township 1 North, Range 4 East; thence
west along the Tallahassee Base Line to the northwest
corner of Section 2, Township 1 South, Range 3 East;
thence south along the section line to the Gulf of Mexico;
thence along the shore of the Gulf of Mexico, including
the waters of said gulf within the jurisdiction of the State
of Flonda, to the point of the beginning.
(c) St. Johns River Water Management District. -Be-
gin at the intersection of the south boundary of Indian
River County with the Atlantic Ocean; thence west along
the Indian River-St. Lucie County line to the intersection
of the west boundary of St. Lucie County; thence south
along the Okeechobee-St Lucie County line to the
southeast corner of Section 1. Township 34 South,
Range 36 East; thence west along the section line to the
northwest corner of Section 10, Township 34 South,
Range 36 East; thence south along the section line to
the southeast corner of Section 9, Township 34 South,
Range 36East; thence west along the section line to the
northwest corner of Section 18, Township 34 South,
Range 36 East; thence south along the range line be-
tween Ranges 35 and 36 East to the southeast corner
of Section 12. Township 34 South, Range 35 East;
thence west along the section line to the northwest cor-
ner of Section 13, Township 34 South, Range 35 East;
thence south along the seCtion line to the southeast cor-
ner of Sectiqn 35, Townthip 34 South, Range 35 East;
thence west along the township kne between Town-
ships 34 and 35 south to the southwest corer of Sec-
tion 35, Township 34 South. Range 34 East; thence north
along the section line to the Okeechobee-Osceola
County line; thence west along the Okeechobee-
Osceola County line to the southwest corner of Section
34. Township 32 South, Range 33 East; thence north
along the section line to the northwest corner of Section
3, Township 31 South, Range 33 East, thence east along
the township line between Townships 30 and 31 South


to the southeast corner of Section 36, Township 30
South, Range 33 East; thence north along the range line
between Ranges 33 and 34 East to the northeast corer
of Section 1, Township 30 South, Range 33 East; thence
west along the township line between Townships 29 and
30 south to the southwest corner of Section 31, Town-
ship 29 South, Rang& 33 East; thence north along the
range line between Ranges.32 and 33 East to the north-
west corner of Section 6, Township 28 South, Range 33
East; thence east along the township line between
Townships 27 and 2 south to the southeast corner of
Section 36, To*nship 27 South, Range 32 East; thence
north along the range line between Ranges 32 and 33
East to the northeast corner of Section 1, Township 26
South, Range 32 East; thence west along the township
line between Townships 25 and 26 South to the south-
west corner of Section 33, Township 25 South, Range
32 East; thence north along the section line to the Or-
ange-Osceola County line: thence westerly along the
Orange-Osceola County ine to the Southwest corer of
Section 31, Township 24 South. Range 32 East; thence
north along the ranbe line to the intersection with the
northerly right-of-way line of State Road 528. also
known as the Bee Line Expressway. thence westerly
along the northerly right-of-way line of State Road 528
to the intersection with the northerly right-of-way line of
State Road 528A; thence westerly along the northerly
right-of-way line of State Road 528A to the westerly
right-of-way line of U.S. Highway 441; thence northerly
along the right-of-way line to the section line between
sections 22 and 27 of Township 22 South, Range 29
East; thence west along the section lines to the North-
east corner of Section 25, Township 22 South, Range 28
East; thence south along the range line between
Ranges 28 and 29 East to the Southeast corer of Sec-
tion 36, Township 22 South, Range 28 East; thence west
along the township line between Townships 22 and 23
South to the Northeast corer of Section 2. Township 23
South. Range 27 East; thence south to the Southeast
comer of Section 11, Township 23 South, Range 27
East; thence west along the section lines to the South-
west corner of Section 7, Township 23 South, Range 27
East. also being the Lake-Orange County line; thence
south along the range line between Ranges 26 and 27
East to the southwest comer of Section 18, Township 26
South. Range 27 East; thence east along the section line
to the northeast corner of Section 19, township 26
South. Range 27 East; thence south along the section
lin to the southwest corner of Section 32, Township 26
South, Range 27 East, thence east along the township
line between Townships 26 and 27 South to the north-
east corner of Seckon 5, Township 27 South. Range 27
East; thence south along the section lines to the south-
erty right-of-way line of State Road 600. thence wester-
ly along the southerly aght-of-way kne of said State
Road No 600 to the west boundary of Section 27, Town-
ship 27 South, Range 26 East; thence north along the
section lines to the northeast corner of Section 16,
Township 25 South, Range 26 East; thence west along
the section line to the southwest corner of Section 9,
Township 25 South, Range 26 East; thence north along
the section lines to the Lake-Polk County line; thence
west along the county line to the southwest corner of


(


: pI t1 7


ftk tfl


9 A IM7 Il~ ~~k 1&712YI











WATER RESOURCES


F.S. 197 1


Section 32, Township 24 South. Range 26 East. thence
into Lake County. north along the section lines to the
northeast corner of Section 30, Township 24 South,
Range 26 East; thence west along the section lines to
the northeast corner of Section 28, Township 24 South,
Range 25 East; thence north along the section lines to
the northeast corner of Section 16, Township 24 South,
Range 25 East; thence west along the section line to the
northwest corner of Section 16. Township 24 South,
Range 25 East; thence north along the section line to the
northeast corner of Section 8. Township 24 South,
Range 25 East; thence west along the section lines to
the range line between Rangps 24 and 25; thence north
along the range line to the northeast comer of Section
1, Township 23 South. Range 24 East, also being on the
township line between Townships 22 and 23 South;
thence west along the township line to the northwest
corner of Section 6. Township 23 South, Range 24 East,
also being on the Sumter-Lake County line: thence
north along the Sumter-Lake County line, also being the
range line between Ranges 23 and 24 East, to the north-
east corner of Section 1. Township 18 South, Range 23
East, and the Marion County line: thence west aong the
Sumter-Marion County lne, also being the township line
between Townships 17 and 18 South, to the westerly
right-of-way line of Interstate Highway 75; thence north-
ely along the westerly right-of-way line of Interstate
Highway 75 to the Alachua-Manon County line, said line
also being the township line between Townships 11 and
12 South, thence west along the Alachua-Manon Coun-
ty line to the northwest corner of Section 3, Township 12
South, Range 19 East, and the Levy County line. thence
westerly along the Levy-Alachua County line, also being
the township line between Townships 11 and 12 South,
to the southeast corner of Section 36, Township 11
South, Range 18 East; thence north along the range line
between Ranges 18 and 19 East to the northwest corner
of Section 19. Township SSouth. Range 19 East; thence
east along the section line to the southeast comer of
Section 13, Township 9 South, Range 19 East; thence
north along the range line between Ranges 19 and 20
East to the northwest corner of Section 6, Township 9
South, Range 20 East; thence easterly along the town-
ship line between Townships 8 and 9 South to the south-
east corner of Section 36. Township 8 South. Range 20
East; thence north along the range line between Ranges
20 and 21 East to the northwest comer of Section 18.
Township 8 South. Range 21 East; thence east along the
section line to the northeast comer of Section 15, Town-
ship 8 South. Range 21 East; thence south along the
section line to the southwest corner of Section 23, Town-
ship 8 South, Range 21 East: thence east along the sec-
tion line to the northeast comer of Section 26, Township
8 South, Range 21 East. thence south along the section
line to the southwest comer of the north '/2 of Section
25, Township 8 South, Range 21 East; thence east to the
northeast corner of the south '/2 of Section 25. Township
8 South. Range 21 East, thence south aong the range
line between Ranges 21 and 22 East to the southwest
corner of Section 30, Township 8 South, Range 22 East;
thence east along the section line to the northeast cor-
ner of Section 32, Township 8 South, Range 22 East;
thence south along the section line to the southwest cor-


ner of Section 16, Township 9 South, Range 22 East:
thence eastward along the section lne to the southeast
corner of the west '/. of Section 18, Township 9 South,
Range 23 East; thence northward to the northeast cor-
ner of the west '/a of Section 18. Township 9 South,
Range 23 East; thence west to the southwest corner of
Section 7, Township 9 South, Range 23 East; thence
northward along the Bradford-Clay County kne to the
northeast corner of Section 36, Township 8 South,
Range 22 East, thence west along the section line to the
southwest corner of the east '/2 of Section 25, Township
8 South, Range 22 East; thence north to the northeast
corner of the west '/2 of Section 24, Township 8 South,
Range 22 East; theoce west along the section line to the
southwest corner of Section 13. Township 8 South,
Range 22 East; thence north along the section line to the
northwest corner of Section 25. Township 7 South,
Range 22 East; thence east along the section line to the
Bradford-Clay County line; thence north along the Brad-
ford-Clay County line to the intersection of the south
boundary of Baker County; thence west along the Ba-
ker-Bradford County line to the intersection of the east
boundary of Union County; thence west along the Ba-
ker-Union County line to the southwest corner of Sec-
tion 18. Township 4 South, Range 20 East, thence north
along the range line between Ranges 19 and 20 East to
the northeast corner of Section 1, Township 3 South,
Range 19 East; thence west along the township line be-
tween Townships 2 and 3 South to the Baker-Columbia
County line; thence north along the Baker-Columbia
County line to the north boundary line of the State of
Florida; thence easterly along the Florida-Georgia line
to the Atlantic Ocean; thence southerly along the Atlan-
tic Ocean, including the waters of said ocean within the
jurisdiction of the State of Florida to the point of begin-
ning.
(d) Southwest Florida Water Management District. -
Begin at the intersection of the north boundary of Lee
County with the Gulf of Mexico; thence eastward along
the Lee-Charlotte County line to the Southeast corner
of Section 33, Township 42 South, Range 24 East.
thence North into Charlotte County. along the section
lines to the Northeast corner of Section 4, Township 42
South, Range 24 East; thence East along the township
line between Townships 41 and 42 South to the South-
east corner of Section 36, Township 41 South. Range 25
East; thence north along the section line to the north-
west corner of Section 6, Township 41 South. Range 26
East, thence east along the section line to the southeast
corer of Section 36, Township 40 South, Range 26
East; thence North along the range line between Ranges
26 and 27 to the Northeast comer of Section 1, Township
40 South. Range 26 East, and the Charlotte-Desoto
County lne; thence east along the Charlotte-Desoto
County line to the southeast comer of Section 36, Town-
ship 39 South, Range 27 East: thence north along the
DeSoto-Highlands County line to the intersection of the
South boundary of Hardee County; thence north along
the Hardee-Highlands County line to the southwest cor-
ner of Township 35 South, Range 28 East; thence east
along the north boundary of Township 36 South to the
northeast corner of Section 1, Township 36 South,
Range 28 East; thence south along the range line to the


Ch. 373











WATER RP80URCts


C



























C


southeast comer of Section 12, Township 37 South,
Range 28 East; thence east along the section ine to the
northeast corner of Section 15, Township 37 South,
Range 29 East; thence south along the section line to
the southeast corner of Section 34, Township 37 South,
Range 29 East; thence east along the township line to
the northeast corner of Section 1, Township 38 South,
Range 29 East; thence south along the range line to the
southeast corner of Section 1. Township 39 South,
Range 29 East; thence east along the section line tothe
northwest comer of Section 11, Township 39 South,
SRange 30 East; thence north along the section line to the
southwest comer of Section 35, Township 38 South,
Range 30 East; thence east along the township line to
the southeast comer of the west '/4 of Section 35. Town-
ship 38 South. Range 30 East; thence north aong the
'/4-section line of Sections 35, 26, and 23. Township 38
South, Range 30 East to the northeast corner of the west
I/4 section of Section 23. Township 38 South. Range 30
East; thence west along the section fine to the northwest
corner of Section 23, Township 38 South. Range 30
, East: thence north along the section line to the north-
Swest corner of Section 2, Township 37 South, Range 30
East; thence west along the township line to the south-
west corner of Section 34, Township 36 South, Range
S30 East, thence north along the section line to the north-
Swest corner of Section 3, Township 36 South, Range 30
East; thence west.along the township kne to the south-
west corner of Section 31, Township 35 South, Range
S30 East; thence north along the range line between
i Ranges 29 and 30 East, through Townships 35, 34, and
33 South, to the northeast comer of Township 33 South.
Range 29 East. being on the Highlands-Polk County
line. thence west along the Highlands-Polk County line
Sto the southeast comer of Township 32 South. Range 28
East: thence north along the range line between Ranges
28 and 29 East, in Townships 32 and 31 South, to the
northeast corner of Section 12 in Township 31 South.
S Range 28 East; thence east along the section line to the
northeast corner of Section 7, Township 31 South,
Range 29 East; thence nortralong the section line to the
S northwest corner of Section 17, Township 30 South,
Range 29 East: thence east along the section line to the
northeast corner of the west '/ of Section 17, Township
30 South, Range 29 East; thence north along the
S /--section line to the northeast corer of the west '/i of
Section 5, Township 30 South. Range 29 East; thence
west along the section line to the southwest comer of
S Section 32. Township 29 South, Range 29 East; thence
north along the section kne to the northeast comer of
Section 19 in Township 29 South. Range 29 East; thence
west along the north boundaries of Section 19, Town-
ship 29 South. Range 29 East. and Sections 24, 23, 22,
21, and 20, Township 29 South, Range 28 East, to the
northwest corner of said-Section 20; thence north along
S the section line to the intersection of said section line
with the west shore line of Lake Pierce in Township 29
South, Range 28 East; thence following the west shore
of Lake Pierce to its intersection again with the west sec-
tion line of Section 5, Township 29 South, Range 28
East; thence north along the section line to the north-
west comer of Section 5, Township 29 South, Range 28
East; thence east along the township line to the south-


west corner of Section 33, Township 28 South, Range
28 East; thence north along the section line to the north-
west corner of the southwest /4 of the southwest '/ of
Section 28, Township 28 South, Range 28 East: thence
east along the '/4-section line to the intersection of said
'/4-section lne with Lake Pierce; thence follow the shore
line northeasterly to its intersection with the '/2-section
line of Section 28, Township 28 South. Range 28 East;
thence north on the /z-section line to the northwest cor-
ner of the southeast '/4 of Section 28, Township 28
South, Range 28 East; thence east to the northeast cor-
ner of the southeast '/4 of Section 28, Township 28
South, Range 28 East; thence south along the section
line to the northwest corer of Section 3, Township 29
South, Range 28 East; thence east along the section line
to the northeast comer of Section 3, Township 29 South,
Range 28 East; thence north along the section line to the
northwest comer of Section 23, Township 28 South,
Range 28 East, thence west along the section hne to the
southwest corner of Section 16, Township 28 South,
Range 28 East; thence north along the section line to the
,northwest corner of Section 16, Township 28 South,
Range 28 East; thence west along the section hne to the
southwest corner of Section 8, Township 28 South,
Range 28 East; thence north along the section lne to the
northwest corner of Section 5. Township 28 South,
Range 28 East: thence west along the township line to
the intersection of said township line with Lake Marion;
thence following the south shore line of Lake Manon to
its intersection again with said township line: thence
west along the township line to the southeast comer of
Section 36. Township 37 South, Range 27 East. thence
north along the range line between Ranges 27 and 28
East to the intersection of said range line with Lake Mari-
on; thence following the west shore of Lake Marion to its
intersection again with the range line between Ranges
27 and 28 East; thence north along said range ine, in
Townships 27 and 26 South, to the northeast corner of
Township 26 South. Range 27 East. being on the Polk-
Osceola County line; thence west along the Polk-
Osceola County line to the northwest corner of Town-
ship 26 South. Range 27 East; thence south along the
range line between Ranges 26 and 27 East to the south-
west corner of Section 18 in Township 26 South. Range
27 East; thence east along the section line to the south-
east corner of said Section 18; thence south along the
section lines to the southwest corner of Section 32 in
Township 26 South, Range 27 East; thence east along
the section lne to the southeast corner of said Section
32. thence south along the section lines to the southerly
right-of-way lne of State Road 600 (U S Route 17 and
92) in Township 27 South. Range 27 East. thence west-
erly along the southerly right-of-way line of said State
Road No 600 to the West boundary of Section 27, Town-
ship 27 South, Range 26 East; thence north along the
section lne to the northeast comer of Section 16, Town-
ship 25 South. Range 26 East; thence west along the
section line to the southwest corner of Section 9, Town-
ship 25 South, Range 26 East; thence north along the
section line to the Lake-Polk County line. thence west
along the county line to the southwest corner of Section
32, Township 24 South, Range 26 East; thence into Lake
County, north along the section lines to the northeast


.~h 27


-F.S. 1987


Chk 73




A :-W- -- -


Ch. 373 WATER

corner of Section 30, Township 24 South, Range 26
East; thence west along the section hnes to the north-
east corer of Section 28. Township 24 South. Range 25
East; thence north along the section lines to the north-
east corner of Section 16, Township 24 South, Range 25
East; thence west along the section line to the northwest
corner of Section 16. Township 24 South. Range 25
East; thence north along the section line to the northeast
comer of Section 8, Township 24 South, Range 25 East;
thence west along the section lines to the range line be-
tween Ranges 24 and 25; thence north along the range
line to the northeast corner of Section 1, Township 23
South, Range 24 East, also being on the township line
between Townships 22 and 23 South; thence west along
the township line to the northwest comer of Section 6,
Township 23 South, Range 24 East also being on the
Sumter-Lake County line; thence north along the Sum-
ter-Lake County line, also being the range line between
Ranges 23 and 24, to the northeast corner of Section 1.
Township 18 South, Range 23 East and the Marion
County line; thence west, along the Sumter-Marion
County line, also being the township line between Town-
ships 17 and 18 South, to the westerly right-of-way line
of Interstate Highway 75; thence northerly along the
westerly right-of-way line of interstate Highway 75 to
the Alachua-Marion County line. said line also being the
township line between Townships 11 and 12 South;
thence west along the Alachua-Marion County line to
the northwest corer of Section 3. Township 12 South,
Range 19 East and the Levy County line; thence wester-
ly along the Levy-Alachua County line, also being the
township line between Townships 11 and 12 South. to
the southeast comer of Section 36, Township 11 South,
Range 17 East; thence north along the Levy-Alachua
County line, also being the range kne between Ranges
17 and 18 East, to the southerly rght-of-way line ol
State Road No. 24; thence southwesterly along said
southerly nght-of-way line to the easterly right-of-way
hne of State Road No 337; thence southerly, along said
easterly right-of-way line of Slate Road No. 337. 1o the
south line of Section 35. Township 14 South. Range 17
East: thence west along the section line to the northwest
corner of Section 3. Township 15 South. Range 17 East
thence south along the section lines to the southwest
corer of Section 27. Township 15 South, Range 17
East; thence west to the Gulf of Mexico; thence soutt
along the Gulf of Mexico. including the waters of saic
gulf within the jurisdiction of the State of Florida, to the
point of beginning.
(e) South Florida Water Management. District.-Be
gin at the intersection of the north boundary of Lee
County with the Gulf of Mexico; thence easterly alon
the Lee-Charlotte County line to the southwest come
of Section 34, Township 42 South. Range 24 East
thence northerly along the section lines to the northwest
corner of Section 3, Township 42 South, Range 24 East
thence easterly along the Township line between Town
ships 41 and 42 South to the southwest corner of Sec
tion 31, Township 41 South, Range 26 East; thenct
northerly along the Range line between Ranges 25 an(
26 East to the northwest corner of Section 6, Townshil
f 41 South, Range 26 East; thence easterly along th
Township line between Townships 40 and 41 South t4


SOURCES


F.S. ls.


-iOURC iS -. IW


the southwest corner of Section 31, Township 40 South,
Range 27 East; thence northerly along the Range line
between Ranges 26 and 27 East to the Charlotte-
DeSoto County line; thence easterly along the Char-
lotte-Desoto County line to the west line of Highlands
County; thence northerly along the Highlands-Desoto
County line and along the Highlands-Hardee County
hne to the northwest corner of Township 36 South.
Range 28 East; thence east along the north boundary of
Township 36 South to the northeast corner of Section 1,
Township 36 South, Range 28 East: thence south along
the range line to the southeast corner of Section 12,
Township 37 South, Range 28 East; thence east along
the section line to the northeast corner of Section 15,
Township 37 South, Range 29 East; thence south along
the section line to the southeast corner of Section 34,
Township 37 South, Range 29 East: thence east along
the township line to the northeast comer of Section 1,
Township 36 South. Range 29 East; thence south along
the ranpe line to the southeast comer of Section 1,
Township 39 South, Range 29 East; thence east along
the section line to the northwest comer of Section 11,
Township 39 South. Range 30 East; thence north along
the section line to the southwest corer of Section 35.
Township 38 South. Range 30 East; thence east along
the township line to the southeast comer of the west '/4
of Section 35. Township 38 South. Range 30 East;
thence north along the '/4-section line of Sections 35,
26, and 23. Township 38 South. Range 30 East to the
northeast comer of the west '/4 section of Section 23,
STownship 38 South. Range 30 East; thence west along
the section line to the northwest corner of Section 23,
Township 38 South, Range 30 East; thence north along
Sthe section line to the northwest corer of Section 2,
i Township 37 South, Range 30 East; thence west along
the township line to the southwest corner of Section 34,
I Township 36 South, Range 30 East; thence north along
Sthe section line to the northwest corner of Section 3,
STownship 36 South. Range 30 East; thence west along
the township line to the southwest corner of Section 31,
STownship 35 South, Range 30 East; thence north along
t the range line between Ranges 29 and 30 East, through
; Townships 35.34, and 33 South, to the northwest corner
t of Township 33 South. Range 30 East. being on the
SHighlands-Polk County line. thence west along the
SHighlands-Polk County line to the southwest corner of
STownship 32 South. Range 29 East; thence north along
Sthe range hne between Ranges 28 and 29 East, in Town-
ships 32 and 31 South, to the northwest corner of Sec-
tn 7 in Township 31 South. Range 29 East. thence east
Along the section lne to the northeast corner of Section
S7, Township 31 South. Range 29 East; thence north
r along the section line to the northwest corner of Section
; 17, Township 30 South, Range 29 East; thence east
t along the section line to the northeast corner of the west
; '/2 of Section 17. Township 30 South. Range 29 East;
-thence north along the '/2-section line to the northeast
Scorner of the west /z2 of Section 5. Township 30 South.
e Range 29 East; thence west along the section line to the
d southwest corner of Section 32, Township 29 South,
p Range 29 East; thence north along the section line to the
3 northeast corner of Section 19 in Township 29 South,
o Range 29 East; thence west along the south boundaries
516











WATER RESOURCES


of Section 18, Township 29 South, Range 29 East and
Sections 13, 14, 15, 16, and 17 in Township 29 South,
Range 28 East, to the southwest corner of said Section
17; thence north along the section line to the intersec-
tion of said section line with the west shore line of Lake
Pierce in Township 29 South, Range 28 East; thence fol-
lowing the west shore of Lake Pierce to its intersection
again with the west section line of Section 5, Township
29 South, Range 28East; thence north along the section
line to the northwest corner of Section 5, Township 29
South, Range 28 East; thence east along the township
line to the southwest corner of Section 33, Township 28
South, Range 28 East; thence north along the section
line to the northwest corner of the southwest 1/4 of the
southwest '/4 of Section 28, Township 28 South, Range
28 East; thence east along the '/4-section line to the in-
tersection of said '/4-section line with Lake Pierce;
thence follow the shore line northeasterly to its intersec-
tion with the '/-section line of Section 28, Township 28
South, Range 28 East; thence north on the '/V-section
line to the northwest corner of the southeast 1/4 of Sec-
tion 28, Township 28 South, Range 28 East, thence east
along the /-section line to the northeast corner of the
southeast 1/4 of Section 28, Township 28 South, Range
28 East; thence south along the section line to the north-
west corner of Section 3. Township 29 South, Range 28
East; thence east along the section line to the northeast
comer of Section 3, Township 29 South, Range 28 East;
thence north along the section fine to the northwest cor-
ner of Section 23, Township 28 South, Range 28 East;
thence west along the section line to the southwest cor-
ner of Section 16, Township 28 South, Range 28 East;
thence north along the section line to the northwest cor-
ner of Section 16, Township 28 South, Range 28 East;
thence west along the section line to the southwest cor-
ner of Section 8, Township 28 South, Range 28 East;
thence north along the section line to the northwest cor-
ner of Section 5, Township 28 South, Range 28 East;
thence west along the township line to the intersection
of said township line with Lake Marion; thence following
the south shore line of Lake Marion to its intersection
again with said township line; thence west along the
township line to the southeast corner of Section 36,
Township 27 South, Range 27 East; thence north along
the range line between Ranges 27 and 28 East to the in-
tersection of said range line with Lake Marion; thence
following the west shore of Lake Marion to its intersec-
tion again with the range line between Ranges 27 and
28 East; thence north along said range line, in Town-
ships 27 and 26 South, to the northwest corner of Town-
ship 26 South, Range 28 East, being on the Polk-
Osceola County line; thence west along the Polk-
Osceola County line to the southwest corer of Town-
ship 25 South, Range 27 East; thence northerly along
the range line between Ranges 26 and 27 East to the
northwest corner of Section 18, Township 23 South,
Range 27 East; thence easterly along the section lines
to the southwest corner of Section 12, Township 23
South, Range 27 East; thence northerly along the sec-
tion lines to the northwest corner of Section 1, Township
23 South, Range 27 East; thence easterly along the
Township line between Townships 22 and 23 South to
the southwest corner of Section 31, Township 22 South,


Range 29 East; thence northerly along the Range line
between Ranges 28 and 29 East to the northwest corner
of Section 30, Township 22 South, Range 29 East;
thence easterly along the section lines to the westerly
right-of-way line of U.S. Highway 441; thence southerly
along the westerly right-of-way line to the intersection
with the northerly right-of-way line of State Road 528A;
thence easterly along the northerly right-of-way line to
the intersection with the northerly right-of-way line of
State Road 528, also known as the Bee Line Express-
way; thence easterly along the northerly right-of-way
line of State Road 528 to the intersection with the range
line between Township 23 South, Range 31 East and
Township 23 South, Range 32 East; thence southerly
along the Range line between Ranges 31 and 32 East
to the Orange-Osceola County line; thence easterly
along said county line between Townships 24 and 25
South to the northeast corer of Section 5, Township 25
South, Range 32 East; thence southerly along the sec-
tion lines to the southeast corner of Section 32, Town-
ship 25 South, Range 32 East; thence easterly along the
Township line between Townships 25 and 26 South to
the northeast comer of Section 1, Township 26 South,
Range 32 East; thence southerly along the Range line
between Ranges 32 and 33 East to the southeast corner
of Section 36, Township 27 South, Range 32 East;
thence westerly along the township line between Town-
ships 27 and 28 South, to the northeast corner of Sec-
tion 1, Township 28 South, Range 32 East; thence south-
erly along the Range line between Ranges 32 and 33
East to the southeast corer of Section 36, Township 29
South, Range 32 East; thence easterly along the Town-
ship line between Townships 29 and 30 South to the
northeast corner of Section 1, Township 30 South,
Range 33 East; thence southerly along the Range line
between Ranges 33 and 34 East to the southeast corner
of Section 36, Township 30 South, Range 33 East;
thence westerly along the Township line between Town-
ships 30 and 31 South to the northeast corner of Section
4, Township 31 South, Range 33 East; thence southerly
along the section lines to the Osceola-Okeechobee
County line; thence easterly along said county line to the
northeast corner of Section 3, Township 33 South,
Range 34 East; thence southerly along the section lines
to the southeast corner of Section 34, Township 34
South, Range 34 East; thence easterly along the Town-
ship line between Townships 34 and 35 South to the
southwest corner of Section 36, Township 34 South,
Range 35 East; thence northerly along the section lines
to the northwest corner of Section 13, Township 34
South, Range 35 East; thence easterly along the section
line to the Range line between Ranges 35 and 36 East;
thence northerly along said Range line to the northwest
corner of Section 18, Township 34 South, Range 36
East; thence easterly along the section lines to the
southwest corner of Section 10, Township 34 south,
Range 36 East; thence northerly along the section line
to the northwest corner of said Section 10; thence east-
erly along the section lines to the Okeechobee-St. Lucie
County line; thence northerly along said county line to
the south line of Indian River County; thence easterly
along the St. Lucie-lndian River County line to the Atlan-
tic Ocean; thence southerly along the Atlantic Ocean to


bl I
511





A____


*


F.S. 1987


Ch. 373




I. ..


Ch. 373


WATER REiOURCES


the Gulf of Mexico; thence northerly along the Gulf of
Mexico. including the waters of said Ocean and of said
Gulf and the islands therein within the jurisdiction of the
State of Florida, to the point of beginning.
leMu y.-s 12. pal I. ch 12-29,. 6. dch 73-MI a 1. ch S-125;, 1. 1 ch.
76-243.. 113, cn 77-104 I. ch 78-6
3730691 Transfer of amu.-
(1) At the time of change of boundaries of the re-
spective districts under is. 373.069(3), 1976 Supple-
ment to Florida Statutes 1975, all contractualobligations
with respect to an area being transferred to another dis-
trict shaH be assumed by the district receiving such
area; all real property interests owned by a district within
an area to be transferred shall be conveyed to the dis-
trict receiving such area; and all equipment, vehicles,
other personal property, and re rds owned, located,
and used by a district solely within an area being trans-
ferred shall be delivered to the district receiving such
area. However, if an area is transferred from a district
with a contractual obligation to the United States of
America for the operation and maintenance of works
within such area, then the deiveries and conveyances
required in this section shall be deferred until the United
States has approved the assumption of the contractual
obligations by the receiving district.
(2) The change of boundaries shall not affect the
continuing authority, obligations, and commitments of
the water management districts, except as set forth in
this section.
aeItmy.-s. 2. ch. 76-243
'Nfl.-The citation o 1976 Supplement to Florida Statutes 1975' was iserted
by th edito to clay the reference to 373 069(3 which appeared only in he
1976 Suppiemeni
373.0693 Basins; basin boards.-
(1 a) Any areas within a district may be designated
by the district governing board as subdistricts or basins.
The designations of such basins shall be made by the
district governing board by resolutions thereof. The gov-
erning board of the district may change the boundaries
of such basins, or create new basins, by resolution.
(b) No subdistrict or basin in the St. Johns Water
Management Distrct other than established by this act
shall become effective until approved by the Legisla-
ture.
(2) Each basin shall be under the control of a basin
board which shall be composed of not less than three
members, but shall include one representative from
each of the counties included in the basin
(3) Each member of the various basin boards shall
serve for a period of 3 years or until his successor is ap-
pointed, except that the board membership of each new
basin shall be divided into three groups as equally as
possible, with members in such groups to be appointed
for 1,2, and 3 years, respectively Each basin board shall
choose a vice chairman and a secretary to serve for a
period of 1 year. The term of office of a basin board
member shall be construed to commence on July 1 pre-
ceding the date of his appointment and to terminate
June 30 of the year of the end of his term.
(4) Members of basin boards shall be appointed by
the Governor, subject to confirmation by the Senate at
the next regular session of the Legislature; and the re-
fusal or failure of the Senate to confirm an appointment


r


shallcreate a vacancy in the office to which the appoint.
ment was made.
(5) Basin board members shall receive no compen-
sation for services as such; but, while officially on work
for the district, they shall receive their actual traveling
expenses between their respective places of residence
and the place where official district business is conduct.
ed, subsistence, lodging, and other expenses in the
amount actually incurred These expenses may not ex-
ceed the statutory amount allowed state officers and.
employees. This subsection applies retroactively to the
effective date of the creation of each of the five separate
water management districts.
(6Xa) Notwithstanding the provisions of any other
general or special law to the contrary, a member of the
governing board of the district residing m the basin or,
if no member resides in the basin, a member of the gov-
erning board designated by the chairman of the govern-
ing board shall be the ex officio chairman of the basin
board. The ex officio chairman shall preside at all meet-
ings of the basin board, except that the vice chairman
may preside in his absence. The ex officio chairman shall
have no official vote, except in case of a tie vote being
cast by the members, but shall be the liaison officer of
the district in all affairs in the basin and shall be kept in-
formed of all such affairs.
(b) Basin boards within the Southwest Florida Water
Management District shall meet regularly as determined
by a majority vote of the basin board members. Subject ,
to notice requirements of chapter 120, special meetings,
both emergency and nonemergency, may be called ei-
ther by the ex officio chairman or the elected vice chair-
man of the basin board or upon request of two basin
board members. The district staff shall include on the
agenda of any basin board meeting any item for discus-
sion or action requested by a member of that basin
board. The district staff shall notify any basin board, as
well as their respective counties, of any vacancies oc-
curring in the district governing board or their respective
basin boards.
(7) At 11:59 p:m. on December 31, 1976, the Mana-
sota Watershed Basin of the Ridge and Lower Gulf
Coast Water Management District, which is annexed to
the Southwest Florida Water Management District by
change of its boundaries pursuant to chapter 76-243,
Laws of Florida, shall be formed into a subdistrict or ba-
sin of the Southwest Florida Water Management District,
subject to the same provisions as the other basins in
such district. Such subdistnct shall be designated initial-
ly as the Manasota Basin The members of the govern-
ing board of the Manasota Watershed Basin of the Ridge
and Lower Gulf Coast Water Management District shall
become members of the governing board of the Mana-
sota Basin of the Southwest Florida Water Management
District.
(8Xa) At 11:59 p.m. on December 31, 1976, the area
being transferred from the Southwest Florida Water
Management District to the St. Johns River Water Man-
agement District by change of boundaries pursuant to
chapter 76-243, Laws of Florida, shall be formed into a
subdistrict or basin of the St. Johns River Water Man-
agement District. Such basin shall be designated as the
Oklawaha River Basin. The members of the governing


F.s. 1as


--- -- ------ ------zP =L




- .. 1


rF 1987
PoS. la57


board of the Oklawaha River Basin of the Southwest
Florida Water Management District shall become the
members of the governing board of the newly formed
basin. The governing board of the St Johns River Water
Management District may change the boundaries, but
may not abolish the basin.
(b)1. The entire area of the St. Johns River Water
Management District, less those areas in the Oklawaha
Basin, shall be formed into a subdistrict or basin of the
St. Johns River Water Management District. Such area
shall be designated as the Greater St. Johns River Ba-
sin. The Greater St. Johns River Basin shall have all the
powers, duties, functions, and responsibilities provided
and authorized for subdistricts or basins of water man-
agement districts.
2. The governing board of the St. Johns River Water
Management District shall also serve as the governing
board of the Greater St Johns River Basin.
(9) At 11:59p.m. on December 31, 1976, a portion
of the Big Cypress Basin of the Ridge and Lower Gulf
Coast District which is being annexed into the South
Florida Water Management District by change of bound-
aries pursuant to chapter 76-243, Laws of Florida, shall
be formed into a subdistrict or basin of the South Florida
Water Management District. Such portion shall be desig-
nated as the Big Cypress Basin. On or before December
31, 1976. the Governor shall appoint not fewer than five
persons residing in the area to serve as members of the
governing board of the basin, effective at the time of
transfer and subject to confirmation by the Senate as
provided in subsection (4).
(a) The initial boundaries of the Big Cypress Basin
shall be established by resolution of the governing
board of Central and Southern Florida Flood Control Dis-
trict, after notice and hearing, and generally shall en-
compass the Big Cypress Swamp and southwestern
coastal area hydrologic cataloging unit, as indicated on
River Basin and Hydrologic Unit Map of Florida-1975,
Florida Department of Natural Resources. Bureau of Ge-
ology Map Series No. 72.
(b) If the governing board shall fail to establish the
initial boundaries on or before December 31, 1976, the
initial boundaries shall be the same boundaries as de-
scribed for the Big Cypress Basin of the Ridge and Low-
er Gulf Coast Distnct
(c) The governing board of the South Florida Water
Management District subsequently may change the
boundaries of the basin, but may rot abolish the basin.
(10), At 11:59 p.m. on December 31. 1976, the entire
area of the South Florida Water Management District, in-
cluding all areas being annexed into the district pursu-
ant to chapter 76-243, Laws of Florida, but less those
areas in the Big Cypress Basin, shall be formed into a
subdistrict or basin of the South Florida Water Manage-
ment District. Such area shall be designated as the
Okeechobee Basin.
(a) The governing board of the South Florida Water
Management District shall also serve as the governing
board of the Okeechobee Basin.
(b) The governing board of the South Florida Water
Management District may change the boundaries of the
Okeechobee Basin or may subdivide the basin into
smaller basins to be governed by basin boards to be ap-


pointed by the Governor, subject to confirmation by the
Senate as provided in subsection (4). However, the ba-
sin may not be enlarged to include the area included
within the initial boundaries of the Big Cypress Basin.
(c) The local effort required in connection with con-
struction, operation, and maintenance of the coopera-
tive federal project referred to as the Central and South-
ern Florida Flood Control Project, which remains after
the upper St. Johns portion is transferred to the St.
Johns River Water Management District, shall be funded
by tax levies on all taxable property within the Okeecho-
bee Basin. In the event the Okeechobee Basin is subdi-
vided into smaller basins, as authorized in paragraph
(b), the governing board shall ascertain the equitable
pro rata share for each smaller basin and charge back
such share so as to insure that the portion of the Central
and Southern Florida Flood Control Project remaining in
the South Florida Water Management District shall con-
tinue to be funded on an equal basis throughout the en-
tire Okeechobee Basin as initially described on Decem-
ber 31, 1976.
(1 1)a) Basins existing within the Southwest Florida
Water Management District, as described in rule 400-
0.061, Florida Administrative Code, may not be abol-
ished or combined without the approval of the Legisla-
ture, except that the entire area lying to the East of the
Hillsborough County line and presently located within
the Hillsborough Basin is hereby annexed into the Peace
River Basin. Within the Southwest Florida Water Man-
agement District, the entire area lying to the East of the
HiHsborough County line and presently located within
the Alafia Basin is hereby annexed into the Peace River
Basin.
(b) Assets or liabilities of the basin located in those
areas transferred from the Hillsborough and Alafia Ba-
sins into the Peace River Basin pursuant to this section,
including funds held in trust, shall be transferred to the
Peace River Basin.
fMl .-s-. 6. ch. 73-190; s. 3. ch. 76-243; s. 1, ch. 77-382 s. 1. ch. 79-50; s.
1. ch 82-6. s. h. 82-64 s. 4, ch. 84-341; s. 1. ch. 85-146.
ola--Repealed effective October 1 1988, by s. 1. ch. 82-46. and scheduled for
review pursuant to s. 11.611 in advance of that date.
1373.0695 Duties of basin boards; authorized ex-
penditures.-
(1) The various boards shall be responsible for dis-
charging the following described functions in their re-
spective basins:
(a) The preparation of engineering plans for devel-
opment of the water resources of the basin and the con-
duct of public hearings on such plans.
(b) The development and preparation of overall ba-
sin plan of secondary water control facilities for the guid-
ance of subdrainage districts and private land owners
in the development of their respective systems of water
control which will be connected to the primary works of
the basin to complement the engineering plan of primary
works for the basin.
(c) The preparation of the annual budget for the ba-
sin and the submission of such budget to the governing
board of the district for inclusion in the district budget.
(d) The consideration and prior approval of final con-
struction plans of the district for works to be constructed
in the basin.


Sr-


Lh 927


WATI RESOURCES M 272 r~


WATER RIESOIRCS









Oh. 373 WATER RESOURCES F.S. 1987


(e) The administration of the affairs of the basin.
(f) Planning for and, upon request by a county, mu-
nicipality, or regional water supply authority, providing
water supply and transmission facilities for the purpose
of assisting such counties, municipalities, and regional
water supply authorities within or serving the basin.
(2) Basin board moneys shall be utilized for:
(a) Engineering studies of works of the basin.
(b) Payment for the preparation of final plans and
specifications for construction of basin works executed
by the district.
(c) Payment of costs of construction of works of the
Sbasin executed by the district.
(d) Payment for maintenance and operation of basin
works as carried out by the district.
(e) Administrative and regulatory activities of the ba-
sin.
(f) Payment for real property interests for works of
the basin.
(g) Payment of costs of road, bridge, railroad, and
utilities modifications and changes resulting from basin
works.
(3) The works of the basin shall be those adopted by
the respective basin .oards. Such works may be adopt-
ed jointly with other basins and may be within or without
the area of the basin.
(4) In the exercise of the duties and powers granted
herein, the basin boards shall be subject to all the limita-
tions and restrictions imposed on the water manage-
ment districts in s. 373.1961.
uM -.--. 6.ch 73-t0:. 3. ch 74-114.S 1.ch. 82-46
'sLt.- rpeed dllecl eOctobr 1. M, bys I.c 82-46. and scheduled la
revww pursumat to 61611 n admvnc aol Ih date.
373.017 Bas ttenes.-The respective basins may,
pursuant to s. 9(b), Art. VII of the State Constitution, by
resolution request the governing board of the district to
levy ad valorem taxes within such basin. Upon receipt
of such request, a basin tax levy shall be made by the
governing board of the district to finance basin functions
enumerated in s. 373.0605, notwithstanding the provi
sions of any other general or special law to the contrary
and subject to the provisions of s. 373.503(3).
(1) The amount of money to be raised by said ta
levy shall be determined by the adoption of an annua
budget by the district board of governors, and the aver
age millege for the basin shall be that amount required
to raise the amount called for by the annual budget
when applied to the total assessment of the basin as de
termined for county taxing purposes. However, no suct
tax shall be levied within the basin unless and until the
annual budget and required tax levy shall have been ap
proved by formal action of the basic board, and no coun
ty in the district shall be taxed under this provision at
rate to exceed one mill.
(2) The taxes provided for in this section shall be ex
tended by the county property appraiser on the county
tax roll in each county within, or partly within, the basir
and shall be collected by the tax collector in the sam<
manner and time as county taxes, and the proceed,
therefrom paid to the district for basin purposes. Saic
taxes shall be a lien, until paid, on the property against
> which assessed and enforceable in like manner as coun
ty taxes. The property appraisers, tax collectors, an(


clerks of the circuit court of the respective counties shall
be entitled to compensation for services performed in
connection with such taxes at the same rates as apply
to county taxes.
(3) It is hereby determined that the taxes authorized
by this subsection are in proportion to the benefits to be
derived by the several parcels of real estate within the
basin from the works authorized herein.
HIsMy.-s 6 ch 73-190 s 2. ch. 75-125: s. ch. 76-243
373.0609 Crealon and operation of basin boards;
other laws superseded.-The provisions of ss.
373.0693-373 0697 shall govern the creation and opera-
tion of basin boards within any water management dis-
trict, the provisions of any other general or special law
to the contrary notwithstanding.
HitoM.--s. 5. ch. 84-341.
373.073 Governing board.-
(1Xa) The governing board of each water manage-
ment district shall be composed of nine members who
shall reside within the district. The term of office of mem-
bers of the board shall be 4 years. Members of the gov-
erning boards continued under this chapter shall be ap-
pointed from the district at large as vacancies occur on
the governing boards Such vacancies shall be filled ac-
cording to the residency requirements of paragraph (b).
(b) Notwithstanding the provisions of any other gen-
eral or special law to the contrary, vacancies in the gov-
erning boards of the water management districts shall
be filled according to the following residency require-
ments, representing areas designated by the U. S. Wa-
ter Resources Council in U. S. Geological Survey, River
Basin and Hydrological Unit Map of Florida-1975, Map
Series No. 72:
1. Northwest Florida Water Management District:
a. One member shall reside in the area generally
designated as the "Perdido River Basin-Perdido Bay
Coastal Area-Lower Conecuh River-Escambia River Ba-
.sin" hydrologic units and that portion of the "Escambia
Bay Coastal Area" hydrologic unit which lies west of Pen-
sacola Bay and Escambia Bay.
b. One member shall reside in the area generally
I designated as the "Blackwater River Basin-Yellow River
. Basin-Choctawhatchee Bay Coastal Area" hydrologic
units and that portion of the "Escambia Bay Coastal Ar-
tea" hydrologic unit which lies east of Pensacola Bay and
SEscambia Bay.
S c. One member shall reside in the area generally
designated as the "Choctawhatchee River Basin-St. An-
. drews Bay Coastal Area" hydrologic units.
d. One member shall reside in the area generally
Designated as the "Lower Chattahoochee-Apalachicola
River-Chipola River Basin-Coastal Area between
SOchlockonee River Apalachicola Rivers-Apalachicola
y Bay coastal area and offshore islands" hydrologic units.
S e. One member shall reside in the area generally
Designated as the "Ochlockonee River Basin-St. Marks
s and Wakulla Rivers and coastal area between Aucilla
Sand Ochlockonee River Basin" hydrologic units.
t f. Four members shall be appointed at large, ex-
- cept that no county shall have more than two members
d on the governing board.
520


-~---r 1


I


I


L













FAS 1987


2. Suwannee River Water Management District:
a. One member shall reside in the area generally
designated as the "Aucilla River Basin" hydrologic unit.
b. One member shall reside in the area generally
designated as the "Coastal Area between Suwannee
and Aucilla Rivers" hydrologic unit.
c. One member shall reside in the area generally
designated as the "Withlacoochee River Basin-Alapaha
River Basin-Suwannee River Basin above the Withla-
coochee River" hydrologic units.
d. One member shall reside in the area generally
designated as the "Suwannee River Basin below the
Withlacoochee River excluding the Santa Fe River Ba-
sin" hydrologic unit.
e. One member shall reside in the area generally
designated as the "Santa Fe Basin-Waccasassa River
and coastal area between Withlacoochee and Suwan-
nee River" hydrologic units.
f. Four members shall be appointed at large, ex-
cept that no county shall have more than two members
on the governing board.
3. St. Johns River Water Management District:
a. One member shall reside in the area generally
designated as the 'St. Mary River Basin-Coastal area
between St. Marys and St. Johns Rivers" hydrologic
units.
b. One member shall reside in the area generally
designated as the "St. Johns River Basin below Ok-
lawaha River-Coastal area between the St. Johns River
and Ponce de Leon Inlet" hydrologic units.
c. One member shall reside in the area generally
designated as the "Oklawaha River Basin" hydrologic
unit.
d. One member shall reside in the area generally
designated as the "St. Johns River Basin above the Ok-
lawaha River" hydrologic unit.
e. One member shall reside in the area generally
designated as the "Coastal area between Ponce de
Leon Inlet and Sebastian Inlet-Coastal area Sebastian
Inlet to St. Lucie River" hydrologic units.
f. Four members shall be appointed at large, ex-
cept that no county shall have more than two members
on the governing board.
4. South Florida Water Management District:
a. Two members shall reside in Dade County.
b. One member shall reside in Broward County.
c. One member shall reside in Palm Beach County.
d. One member shall reside in Collier County, Lee
County, Hendry County, or Charlotte County.
e. One member shall reside in Glades County,
Okeechobee County, Highlands County, Polk County,
Orange County, or Osceola County.
f. Two members, appointed at large, shall reside in
an area consisting of St. Lucie, Martin, Palm Beach,
Broward, Dade, and Monroe Counties.
g. One member, appointed at large, shall reside in
an area consisting of Collier, Lee, Charlotte, Hendry,
Glades, Osceola, Okeechobee, Polk, Highlands, and Or-
ange Counties.
h. No county shall have more than three members
on the governing board.


5. Southwest Florida Water Management District:
a. One member shall reside in the river basin gener-
ally designated as the Withlacoochee River.
b. One member shall reside in the area generally
comprised of the Hillsborough, Alafia, and Little Mana-
tee River basins.
c. One member shall reside in the river basin gener-
ally designated as the Peace River.
d. One member shall reside in the area generally
comprised of the Manatee and Myakka River basins.
e. One member shall reside in the watershed ba-
sins lying north of the Anclote River basin and west of
the Oklawaha River basin, excluding the Withlacoochee
River.
f. One member shall reside in the watershed ba-
sins lying south of the northern limits of the Anclote River
basin and west of the Hillsborough River basin, includ-
ing all of Pinellas County.
g. Three members shall be appointed at large, ex-
cept that no county shall have more than two members
on the governing board, and Pinellas County and Hills-
borough County shall each have two members.
(2) Members of the governing boards shall be ap-
pointed by the Governor, subject to confirmation by the
Senate at the next regular session of the Legislature,
and the refusal or failure of the Senate to confirm an ap-
pointment shall create a vacancy in the office to which
the appointment was made.
HIteIl .-s. 13. part ch. 72-29: s. 11. ch. 75-22: s. 6, ch. 76-243; s. 1, ch.
77-72; s. 3, ch. 80-259: 226. ch. 81-259: s. ch. 82-46.
Nl e.-Repeaied effective October I. 198. by s. 1. ch. 82-46, and scheduled for
review pursuant to s. 11611 in advance of that date.

1373.076 Vacancies in the governing board; removal
from office.-
(1) Vacancies occurring in the governing board of a
district prior to the expiration of the affected term shall
be filled for the unexpired term.
(2) The Governor shall have authority to remove
from office any officer of said district in the manner and
for cause defined by the laws of this state applicable to
situations which may arise in said district.
ni0IU.-s 14, pad I. ch 72-299: s. oh. 82-46.
'Wte.-Repealed effective October 1, 1908. by s. 1, ch 82-46, and scheduled for
review pursuant to s 11 611 in advance of that date.
1373.079 Members of governing board; oath of of-
flce; staff.-
(1) Each member of the governing board of the dis-
trict, before entering upon his official duties, shall take
and subscribe to an oath, before some officer authorized
by law to administer oaths, that he will honestly, faithful-
ly, and impartially perform the duties devolving upon him
in office as member of the governing board of the district
to which he was appointed and that he will not neglect
any of the duties imposed upon him by this chapter.
(2) Immediately after their appointment, and every 2
years thereafter, members composing the governing
board shall meet at some convenient place and choose
one of their number as chairman of the board, and some
suitable person, who may or may not be a member of the
governing board, and who may be required to execute
bond for the faithful performance of his duties as the
governing board may determine, as secretary. Such
board shall adopt a seal with a suitable device and shall


~


PeA WATER RESOURCES Ch. 373


WATER RESOURCES


Ch. 373




----; I.-


ATER REP" 101114 ..


WATaFR RaFAnlAlCe


keep a well-bound book entitled, in effect, "Record of
Governing Board of District," in which shall be rec-
orded minutes of all meetings, resolutions, proceedings,
certificates, bonds given by all employees, and any and
all corporate acts, which book shall at reasonable times
be open to the inspection of any citizen of this state or
taxpayer in the district or his agent or attorney.
(3) The chairman and members of the board shall re-
ceive no compensation for services as such; but, while
officially on work for the district, they shall receive their
actual traveling expenses between their respective
places of residence and the place where official district
business is conducted, subsistence, lodging, and other
expenses in the actual amount incurred therefore These
expenses may not exceed the statutory amount allowed
state officers and employees. Payment or reimburse-
ment to governing board members for the use of private
or charter aircraft may be no greater than that allowed
for commercial air travel for equivalent distances. This
subsection applies retroactively to the effective date of
the creation of each of the five separate water manage-
ment districts.
(4)(a) The governing board of the district is author-
ized to employ an executive director and such engi-
neers, other professional persons, and other personnel
and assistants as it deems necessary and under such
terms and conditions as it may determine and to termi-
nate such employment. The governing board may dele-
gate all or part of its authority under this paragraph to
the executive director.
(b) Any internal auditor employed by a water man-
agement district shall be hired by the governing board
of the water management district and shall report direct-
ly to the board.
(5) The governing board may employ a legal staff for
the purposes of:
(a) Providing legal counsel on matters relating to the
exercise of its powers and duties;
(b) Representing it in all proceedings of an adminis-
trative or judicial nature; and
(c) Otherwise assisting in the administration of the
provisions of this chapter.
(6) By resolution the governing board may deter-
mine the location of its principal office and provide for
the change thereof.
(7) The governing board shall meet at least once a
month and upon call of the chairman.
nHbyr.--. 15, part 1, ch. 72-299 a. 1. Ch. 82-46; sa. 6. 12. ch.' 4-341
t-Rd effective Ocltober 1. 1.9K by e. 1. ch. 82-46. and scheduled for
review pursuant to 11.611 i advance of that date.

137&083 General power and duties of se govern-
ing board.-In addition to other powers and duties al-
lowed it by law, the governing board is authorized to:
(1) Contract with public agencies, private corpora-
tions, or other persons; sue and be sued; and appoint
and remove agents and employees, including special-
ists and consultants.
(2) Issue orders to implement or enforce any of the
provisions of this chapter or regulations thereunder.
(3) Make surveys and investigations of the water
supply and resources of the district and cooperate with
other governmental agencies in similar activities.
Msry.-- 16. part 1. ch 72-299 a. 1. ch. 82-46.


'Note.-Repealed effective October 1, 1988, by a. ., ch. 82-46, and scheduled for
review pursuant to s 11611 in advance of that date.

'373.084 District works, operation by other govern.
mental agencies.-The district may permit governing
bodies of water conservation districts, drainage and oth-
er improvement districts, and federal, state and local
governments, authorities or agencies to operate and
maintain the works of the district under conditions which
the governing board may deem advisable.
muay.-a. 4, ch 29790. 1955; s 25. ch. 73-190; a. 1. ch. 82-46.
'aoe.-Repealedeffective October 1, 1988, by a. 1, ch. 82-46. and scheduled for
reviw pursuant to s 1 611 in advance of that date.
NeWo.- sFo 378.161.

1373065 Use of works or land by other districts or
private persons.-
(1) The governing board has authority to prescribe
the manner in which local works provided by other dis-
tricts or by private persons will connect with and make
use of the works or land of the district, to issue permits
therefore, and to cancel the permits for noncompliance
with the conditions thereof or for other cause. It is unlaw-
ful to connect with or make use of the works or land of
the district without consent in writing from its governing
board, and the board has authority to prevent or, if done,
estop or terminate the same. The use of the works or
land of the district for access is governed by this section
and is not subject to the provisions of s. 704.01. Howev-
er, any land or works of the district which have historical-
ly been used for public access to the ocean by means
of the North New River Canal and its tributaries may not
be closed for this purpose unless the district can dem-
onstrate that significant harm to the resource would re-
sult from such public use.
(2) Damage resulting from unlawful use of such
works, or from violations of the conditions of permit is-
sued by the board shall, if made by other than a public
agency, be subject to such penalty as is or may be pre-
scribed by law and in addition thereto by a date and in
a manner prescribed by the board, repair of said dam-
age to the satisfaction of said board, or deposit with said
board a sum sufficient therefore, and if by a public agen-
cy, then at the expense of such agency the repair of said
damage to the satisfaction of the board or the deposit
with said board of a sum sufficient therefore.
Hielmy.-s 17, ch 25209, 1949. s 25. ch 73-190; s. 1 ch. 82-46. s 7, ch
84-341.
'NOe-Repealed effective October 1. 1988, by s I. ch. 82-46, and scheduled for
review pursuant to s. 11 611 n advance of that date.
Noea.-Former s 378 17

'373.086 Providing for district works.-
(1) In order to carry out the works for the district, and
for effectuating the purposes of this chapter, the govern-
ing board is authorized to clean out, straighten, enlarge,
or change the course of any waterway, natural or artifi-
cial, within or without the district; to provide such canals,
levees, dikes, dams, sluiceways, reservoirs, holding ba-
sins, floodways, pumping stations, bridges, highways,
and other works and facilities which the board may
deem necessary; to establish, maintain, and regulate
water levels in all canals, lakes, rivers, channels, reser-
voirs, streams, or other bodies of water owned or main-
tained by the district, to cross any highway or railway
with works of the district and to hold, control, and ac-


Ch. 373


J AuL, _


a A Al-a


r













WATER RESOURCES


quire by donation, lease, or purchase, or to condemn
any land, public or private, needed for rights-of-way or
other purposes, and may remove any building or other
obstruction necessary for the construction, mainte-
nance, and operation of the works; and to hold and have
full control over the works and rnghts-of-way of the dis-
trict.
(2) The works of the district shall be those adopted
by the governing board of the district, The district may
require or take over for operation and maintenance such
works of other districts as the governing board may
deem advisable under agreement with such districts.
(3)(a) Notwithstanding the provisions of chapter
120, the temporary construction, operation, or mainte-
nance of water supply backpumping facilities to be used
for storage of surplus water shall not require a permit un-
der this chapter, chapter 253, or chapter 403 from the
Department of Environmental Regulation if the govern-
ing board issues an order declaring a water emergency
which order is approved by the Secretary of Environ-
mental Regulation. Such approval may be given by tele-
phone and confirmed by appropriate order at a later
date. The temporary construction, operation, or mainte-
nance of the facilities shall cease when the governing
board or the secretary issues an order declaring that the
emergency no longer exists. If the district intends to op-
erate any such faculties permanently under nonemer-
gency conditions, it shall apply for the appropriate re-
quired permits from the Department of Environmental
Regulation within 30 days of rescinding the emergency
order.
(b) Notwithstanding the provisions of chapter 120,
emergency orders issued pursuant to this subsection
shall be valid for a period of 90 days and may be re-
newed for a single 90-day period.
Histoy.-s. 16ch. 25209 1949. s 2. ch 29790. 1956. 1, ch.61-147; 3, ch.
61-497; 2, ch 63-224; I ch 67-20. 6 I par VI. ch 72-299; 25, ch. 73-190.
s. 1, ch. 82-46; a. 4, ch 82-101.
'NWt.-Repealed ftecve October 1. 1988. by. 1, ch. 82-46. and scheduled for
review pursuant to s. 11.611 in advance of Ihat date.
Noe,.-Former a. 378 16

1373M87 District works using aquifer for storage
and supply.-The governing board may establish works
of the district for the purpose of introducing water into,
or drawing water from, the underlying aquifer for storage
or supply. However, only water of a compatible quality
shall be introduced directly into such aquifer.
Hst1oy.--s I, ch 72-318. s .ch 82-46
NoMe.-Repealed etaecrve October 1968. bys I ch 82-46 and scheduled tor
review pursuant lo 11611 n advance of that date.

373.088 Application fees for certain real estate
transacgons.-The governing board may adopt rules to
provide for the assessment and collection of reasonable
fees for the processing of applications for sale. ease-
ment, lease, exchange, release, nonuse commitment,
disclaimer, quitclaim deed, or reissuance or correction
of deed with respect to any interest in lands, such fees
to be commensurate with the actual cost of processing
such applications.
lc ty .-s 3, ch. 82-101. s 34, ch 83-218
1373.089 Sale of lands.-The governing board of the
district may sell lands to which the district has acquired


title or to which it may hereafter acquire title in the follow-
ing manner:
(1) Any lands determined by the governing board to
be surplus may be sold by the district, at any time, for
the highest price obtainable; however, in no case shall
the selling price be less than the appraised value of the
lands as determined by a certified appraisal obtained no
less than 120 days before the sale.
(2) All sales of land shall be for cash or upon terms
and security to be approved by the governing board, but
a deed therefore shall not be executed and delivered until
full payment is made.
(3) Before selling any land, except as provided in
subsection (5), it shall be the duty of the district to cause
a notice of intention to sell to be published in a newspa-
per published in the county in which the land is situated
once each week for 3 successive weeks (three inser-
tions being sufficient), the first publication of which shall
be not less than 30 days nor more than 45 days prior to
any sale, which notice shaH set forth the time and place
of the sale and a description of lands to be offered for
sale.
(4) All sales shall be conducted at the county court-
house in the county in which the land is located on any
day of the week except Sunday and at any time speci-
fied in the notice between the hours of 11 a.m. and 2
p.m.
(5) Public sale shall not be required when surplus
lands are being resold to the then owner of that adjacent
parcel from which the surplus land was originally parted.
provided such sale is made within 1 year from the time
the land is declared surplus; and the owner of the adja-
cent parcel shall be notified by registered mail to the ad-
dress shown on the county tax roll within 30 days after
the land is declared surplus.
(6) Public sale shall not be required when a building
determined to be surplus was constructed or purchased
using funds from the General Revenue Fund and the
buyer is another regional agency or state agency that
will use the structure in furtherance of its programs.
HItA.-a. 4. ch: 2979. 1955; s. 25, ch. 3-190; .. 1ch 82-46 9. ch 82-101;
a 2;ch 85-347
'NMl.-Repeald elecliae Ocober 1. 1988.by 1. ch. 82-46 and scheduled for
review pursuant Io s 11611 -n adance of that date.
Nop.--Former s 37848

373.093 Lease of lands or interest in land.-The
governing board of the district may lease any lands or
interest in land, including but not limited to oil and miner-
al rights, to which the district has acquired title, or to
which it may hereafter acquire title in the following man-
ner:
(1) For the best price and terms obtainable, to be
determined by the board.
(2) Before leasing any land, or interest in land includ-
ing but not limited to oil and mineral rights, the district
shall cause a notice of intention to lease to be published
in a newspaper published in the county in which said
land is situated and such other places as the board may
determine once each week for 3 successive weeks
(three insertions being sufficient), the first publication of
which shall be not less than 30 nor more than 45 days
prior to any lease, which said notice shall set forth the


Ch. 373


F.S. 1987













...3 3....R .. .C ... a.


time and place of leasing and a description of the lands
to be leased.
(3) It shall not be necessary to publish the notice as
provided by subsection (2) where the lease is made to
a person in connection with land acquisition by the dis-
trict and the lease results in a diminution of the cost to
the district in the acquisition of the land.
Hty.-l 4. ch 29790. 19566 2. ch 73-190. 1. ch 82-46
'Ne.-RepealedellecteOctober I. 19. by I.ch 82-46.andscheduledfor
review pursuant to 111 i advance o tha dale
Ne.-Forrners 37849

'373.09 Relases.-The governing board of the
district may release any canal easement, reservation or
right-of-way interests, conveyed to it for which it has no
present or apparent future use under terms and condi-
tions determined by the board.
IHlms.-s. 4. ch 29790. 105. a 25. ch 73-190. a 1, ch. 82-46
Noea.-Repealed allectice October 1. 19, by I 1. ch 82-46. and scheduled lor
review pursuant o a 1611 i n advance oi that dale
NMe.-Former a 3750.

1373.09S Executln of instruments.-Any instru-
ments of sale, lease, release or conveyance executed
pursuant to the provisions of this chapter shall be exe-
cuted in the name of the district by its governing board
acting by the chairman or vice chairman of said board
and shall have the corporate seal of the board affixed
thereto attested by its secretary and any such instru-
ment shall be effective to pass the title or interest of the
district in the property conveyed; provided, the district
S shall not warrant the title to any property sold, leased,
released or conveyed
IsI.--a 4 ch 29798. 19 25. h 73-190. a. 1. ch. 82-46.
1'~l--Rpealedo elecoI Odb 1.198. by I. ch. 82-46. and scheduled for
review pursuant to s 11611 n advance of that dale
Islm.-Former a. 378.1.

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


(5) Expend, at the discretion of the governing board
for purposes of promotion, advertisement, and improve.
ment of the program and objectives of the district, a
yearly sum not to exceed 0.25 percent of the moneys
collected by taxation within the district.
(6) Exercise such additional power and authority
compatible with this chapter and other statutes and fed.
eral laws affecting the district as may be necessary to
perform such duties and acts and to decide such mat-
ters and dispose of the same as are not specifically de-
fined in or covered by statute.
(7) Prepare, in cooperation with the department,
that part of the state water use plan applicable to the
district.
l iy.-a. 17. part I, ch. 72-299 s. 7. ch. 73-190; s. 2 h. 80-258; s. 1 h.
82-4 .
'NIs .-Repealed effective October 1. 1988, by a. ch. 82-46, and scheduled for
review pursuant to a. 11611 in advance of that date.

373.106 Permit required for construction involving
undawround forteon.--
(1) No construction may be begun on a project in-
volving artificial recharge or the intentional introduction
of water into any underground formation except as per-
mitted in chapter 377. without the written permission of
the governing board of any water management district
within which the construction will take place. Such appli-
cation shall contain the detailed plans and specifications
for the construction of the project.
(2) .Each water management distinct has the exclu-
sive authority to process and issue permits under this
section and permits and licenses delegated under s.
403.812, except permits required by the department
pursuant to 42 U.S.C. s. 300h until delegated by the de-
partment to the districts.
(3) A water management district may do any act
necessary to replenish the ground water of the district.
The district may, among other things, for the purposes
of replenishing the ground water supplies within the dis-
trict:
(a) Buy water;
(b) Exchange water;
(c) Distribute water to persons in exchange for ceas-
ing or reducing ground water extractions;
(d) Spread, sink, arid inject water into the under-
ground;
(e) Store, transport, recapture, reclaim, purify, treat,
or otherwise manage and control water for the beneficial
use of persons or property within the district; and
(f) Build the necessary works to achieve ground wa-
ter replenishment
llui.--a. 18. partI, ch 72-299. s. 14, h. 78-95; a 71, ch. 83-310; s 2. ch.
84-338: a. 1, ch. 84-341.

373.107 Citation of rule.-ln addition to any other
provisions within this part or any rules promulgated
hereunder, the permitting agency shall, when request-
ing information for a permit application pursuant to this
part or such rules promulgated hereunder, cite a specif-
ic rule. If a request for information cannot be accompa-
nied by a rule citation, failure to provide such information
cannot be grounds to deny a permit.
Hlltoa.-s 3,ch 79-161


I w-


Ch. 373


WATER RESOURCES


F.S- 197


I













P a14A7 WATER RESOURCES


373109 Permit application fee.-When a water
management district governing board implements a per-
mit system under this chapter or one which has been
delegated to it pursuant to s. 403.812, it may establish
a schedule of fees for filing applications for the required
permits. Such fees shall not exceed the cost to the dis-
trict for processing the application. However, permit
fees shall not be required from any governmental entity.
(1) AH moneys received under the provisions of this
section shall be allocated for the use of the water man-
agement district and shall be in addition to moneys oth-
erwise appropriated in any general appropriation act.
(2) The failure of any person to pay the fees estab-
lished hereunder constitutes grounds for revocation or
denial of his permit.
NIb y.-s 19. part I. ch 72-299: s. 7. h. 76-243; s. 8, ch. 84-341; s. 27, ch.
87-225

373.113 Adoption of regulMatn by he governing
board.-In administering the provisions of this chapter
the governing board shall adopt, promulgate, and en-
force such regulations as may be reasonably necessary
to effectuate its powers, duties, and functions pursuant
to the provisions of chapter 120.
iHMey.-s 20 pan ch 72-299.
373.114 Land and Water Adjudicatory Commis-
son; review of district rues and orders department re-
view of district le.-
(1) Except as provided in subsection (2), the Gover-
nor and Cabinet, sitting as the Land and Water Adjudi-
catory Commission, have the exclusive authority to re-
view any order or rule of a water management district,
other than a rule relating to an internal procedure of the
district, to ensure consistency with the provisions and
purposes of this chapter
(a) Such review may be initiated by the department
or by a party to the proceeding by filing a request for re-
view with the Land and Water Adjudicatory;Commission
and serving a copy on the department and on any per-
son named in the rule or order within 20 day after adop-
tion of the rule or the rendering of the order; however,
when the rule or order to be reviewed has statewide or
regional significance, as determined by the Land and
Water Adjudicatory Commission within 60 days after re-
ceipt of a request for review, the commission may ac-
cept a request for review from any affected person with-
in 30 days after adoption of the rule or the rendering of
the order.
(b) Review by the Land and Water Adjudicatory
Commission is appellate in nature and shall be based on
the record below The matter shall be heard by the com-
S mission not more than 60 days after receipt of the re-
quest for review or the determination by the commission
that the rule or order has statewide or regional signifi-
cance, whichever is later.
(c) If the Land and Water Adjudicatory Commission
determines that a rule or order is not consistent with the
provisions and purposes of this chapter, it may, in the
case of a rule, require the water management district to
initiate rulemaking proceedings to amend or repeal the
rule or, in the case of an order, rescind or modify the or-
der or remand the proceeding to the water management


district for further action consistent with the order of the
Land and Water Adjudicatory Commission.
(d) A request for review under this section shall not
be a precondition to the seeking of judicial review pursu-
ant to s. 120.68 or the seeking of an administrative deter-
mination of rule validity pursuant to s. 120.56.
(2) The department shall have the exclusive authori-
ty to review rules of the water management districts,
other than rules relating to internal management of the
distncts, to ensure consistency with the state water poli-
cy as set forth in the rules of the department. Within 30
days after adoption or revision of any water manage-
ment district rule, the department shall initiate a review
of such rule pursuant to this section.
(a) Within 30 days after adoption of a rule, any af-
fected person may request that a hearing be held before
the secretary of the department, at which hearing evi-
dence and argument maybe presented relating to the
consistency of the rule with state water policy, by filing
a request for hearing with the department and serving
a copy on the water management district.
(b) If the department determines that the rule is in-
consistent with the state water policy, it may order the
water management district to initiate rulemaking pro-
ceedings to amend or repeal the rule.
(c) An order of the department requiring amend-
ment or repeal of a rule may be appealed to the Land
and Water Adjudicatory Commission by the water man-
agement district or any other party to the proceeding
before the secretary.
Hieo y.-s t1. ch. 75-22 s. 72, ch. 83-310.
373.11 Procedure for water use and impoundment
censructlon permit applications.-
(1) Applications for water use permits, under part II
of this chapter; for permits for construction or alteration
of dams, impoundments, reservoirs, and appurtenant
works, under part IV of this chapter; and for permits un-
der s. 403.812 shall be filed with the water management
district on appropriate forms provided by the governing
board.
(2) Upon receipt of an application for a permit of the
type referred to in subsection (1), the governing board
shall cause a notice thereof to be published in a newspa-
per having general circulation within the affected area.
In addition, the governing board shall send, by regular
mail, a copy of such notice to any person who has filed
a written request for notification of any pending applica-
tions affecting this particular designated area.
H1atWy.-s. 21, pat 1. ch 72-299; s. 14, ch, 78-9. e. 73, ch. 83-310.
373.117 Certification by professional ngineer.-
(1) If an application for a permit or license to conduct
an activity regulated under this chapter requires the ser-
vices of a professional engineer as regulated and de-
fined by chapter 471, the department or governing
board of a water management district may require, as
a condition of granting a permit or license, that a profes-
sional engineer licensed under chapter 471 certify upon
completion of the permitted or licensed activity that
such activity has been completed in substantial con-
formance with the plans and specifications approved by
the department or board.


WATER RESOURCES


z.; ... r~~~---~~I~~_ ~a~[~l3b--____~------I---R-L~BN~RIIJII


Ch. 373


a 1tR7




I I1


Ch.373


WATER RESOURCES


(2) The cost of such certification by a professional
engineer shall be borne by the permitted.
(3) No permitted or licensed activity which is re-
quired to be so certified shall be placed into use or oper-
ation until the professional engineer's certificate is filed
with the department or board.
nMf r.--. 4. ch 79-10

373.118 General prmits.-
(1) The governing board may adopt rules establish-
ing a general permit system under this chapter for proj-
ects, or categories of projects, which have, either singly
or cumulatively, a minimal adverse impact on the water
resources of the district. Such rules shall specify design
or performance criteria which, if applied, would result in
compliance with the conditions for issuance of permits
established in this chapter and district rules.
(2) A general permit system relating to water use
may provide for the granting of permits for the use of wa-
ter in specified amounts within identified areas of the
district. General permits for water use shall be subject
to all the provisions of part H except the provisions of s.
373.229.
(3) In lieu of the publication of notice requirements
of as. 373.116, 373.229, and 373.413, the governing
board may establish alternative notice requirements for
general permits, which requirements take into account
the nature and scope of the projects permitted and the
effect the proposed activity may have on other persons.
HMUt.-I 1 ci 83-1l0
373.119 Admintrativ enforcement procedures;
ornem.-
(1) Whenever the executive director of a water man-
agement district has reason to believe that a violation of
any provision of this chapter or any regulation promul-
gated thereunder or permits or order issued pursuant
thereto has occurred, is occurring, or is about to occur,
the executive director may cause a written complaint to
be served upon the alleged violator or violators The
complaint shall specify the provision or provisions of this
chapter or regulation or permit or order alleged to be vio-
lated or about to be violated and the facts alleged to
constitute a violation thereof, and may order that neces-
sary corrective action be taken within a reasonable time
to be prescribed in such order. Any such order shall be-
come final unless the person or persons named therein
request by written petition a hearing no later than 14
days after the date such order is served.
(2) Whenever the executive director, with the con-
currence and advice of the governing board, finds that
an emergency exists requiring immediate action to pro-
tect the public health, safety, or welfare; the health of an-
imals, fish or aquatic life; a public water supply; or recre-
ational, commercial, industrial, agricultural or other rea-
sonable uses, the executive director may, without prior
notice, issue an order reciting the existence of such an
emergency and requiring that such action be taken as
the executive director deems necessary to meet the
emergency.
(3) Any person to whom an emergency order is di-
S reacted pursuant to subsection (2) shall comply therewith
immediately, but on petition to the board shall be afford-


ed a hearing as soon as possible.
Hiiey-.-s 22, part I. ch 72-299; s. 14, ch. 78-95.


F.S. 198 F


I
C
t


373.123 Penalty.-Any person, real or artificial, that
shall construct or enlarge, or cause to be constructed
or enlarged, a canal or shall enlarge or deepen a natural
stream in such a manner as to permit salt water to move
inland of an estabhshed saltwater barrier line, shall be
guilty of a misdemeanor of the second degree, punish-
able as provided in s 775.083. Each day such move-
ment of salt water shall continue, shall constitute a sepa-
rate offense of the provisions of this law.
IgN*o--s 3. ch .63-210 s. 324. ch. 71-136; a. 25, cfi. 73-190.
NW-.-Fonn s 373.195.

373.129 Maintenance of actions.-The depart-
ment, the governing board of any water management
district, or any local board is authorized to commence
and maintain proper and necessary actions and pro-
ceedings in any court of competent jurisdiction for any
of the following purposes:
(1) To enforce rules, regulations, and orders adopt-
ed or issued pursuant to this law.
(2) To enjoin or abate violations of the provisions of
this law or rules, regulations, and orders adopted pursu-
ant hereto.
(3) To protect and preserve the water resources of
the state.
(4) To defend all actions and proceedings involving
its powers and duties pertaining to the water resources
of the state
(5Xa) To recover a civil penalty for each offense in
an amount not to exceed $10,000 per offense. Each date
during which such violation occurs constitutes a sepa-
rate offense.
(b) A civil penalty recovered pursuant to paragraph
(a) shall be deposited in the Water Management Lands
Trust Fund established under s. 373.59 and utilized ex-
clusively by the water management district that depos-
its Ihe money into the fund Any such civil penalty recov-
ered after the expiration of such fund shall be deposited
in the Pollution Recovery Fund created by s. 403.165
and utilized exclusively within the water management
district that deposits the money into the fund.
(6) To recover investigative costs, court costs, and
reasonable attorney's fees.
Huw- -s 16. ch 57-380. s. 16. ch. 63-336: ss 25. 35. ch. 69-106: s. 25, ch.
73-190; s 42. ch 79-65, s 9, ch. 84-341.
Ne.--Former s 373 221

373.136 Enforcement of regulations and orders.-
(1) The governing board may enforce its regulations
and orders adopted pursuant to this chapter, by suit for
injunction or other appropriate action in the courts of the
state.
(2) Any action by a citizen of the state to seek judi-
cial enforcement of any of the provisions of this chapter
shall be governed by the Florida Environmental Protec-
tion Act, s. 403.412.
NMils y.-s 25. part ch 72 299
373.139 Acquisition of real property.-
(1) The Legislature declares it to be necessary for
the public health and welfare that water and water-
related resources be conserved and protected. The ac-


-;... i.;.-.: 'L












WATER RESOURCES


quisition of real property for this objective shall consti-
tute a public purpose for which public funds may be ex-
pended
(2) The governing board of the district is empow-
ered and authonzed to acquire fee title to real property
and easements therein by purchase, gift. devise, lease,
eminent domain, or otherwise for flood control, water
storage, water management, and preservation of wet-
lands, streams and lakes, except that eminent domain
powers may be used only for acquiring real property for
flood control and water storage.
(3) Appraisal reports are confidential and exempt
from the provisions of chapter 119 until an option con-
tract is executed or, if no option contract is executed,
until 30 days before a contract or agreement for pur-
chase is considered for approval by the governing
board. In the event that negotiation is terminated by the
district, the appraisal report shall become available pur-
suant to chapter 119. Notwithstanding the provisions of
this section and s. 253.025, a district and the Division of
State Lands may share and disclose appraisal reports
or appraisal information when joint acquisition of proper-
ty is contemplated. A district and the Division of State
Lands shall maintain the confidentiality of such appraisal
reports or appraisal information in conformance with this
section and s. 253.025.
(4) Lands acquired for the purposes enumerated in
subsection (2) may also be used for recreational pur-
poses, and whenever practicable such lands shall be
open to the general public for recreational uses.
(5) For the purpose of introducing water into, or
drawing water from, the underlying aquifer for storage
or supply, the governing board is authorized to hold,
control, and acquire by donation, lease, or purchase any
land, public or private.
(6) This section shall not limit the exercise of similar
powers delegated by statute to any state or local gov-
ernmental agency or other person.
Histor.-s 26. part I. ch 72-299; s. 1. ch 72-318. s 3. ch. 85-347; 7. ch.
86-294

373.146 Publication of notices, process, and pa-
pers.-Whenever in this chapter the publication of any
notice, process, or paper is required or provided for, un-
less otherwise provided by law, the publication thereof
in some newspaper or newspapers as defined in chap-
ter 50 having general circulation within the area to be af-
fected shall be taken and considered as being sufficient.
HMloy.--s. 44, ch. 25209. 1949 s. 27. part 1. ch. 72-299; s 25. ch. 73-190: s. 14.
ch. 78-95
Nte.-Former s 378.44

373.149 Exising districts preserved.-The enact-
ment of this act shall not affect the existence of the Cen-
tral and Southern Florida Flood Control District created
by chapter 25270, Laws of Florida, 1949, or the South-
west Florida Water Management District, created by
chapter 61-691, Laws of Florida, or any contract or obli-
gation of such districts entered into prior to the effective
date of this act. The two districts shall continue to exer-
cise the taxing powers authorized to them in the territo-
ries within their respective boundaries, except that noth-
ing herein shall limit the department in considering and
recommending to the 1973 session of the Legislature


changes in the boundaries and transfers of funds, ap-
propriations, personnel, property, or equipment be-
tween or among the existing districts and districts creat-
ed by this chapter The two districts shall continue to ex-
ercise the powers presently authorized by chapters 378
and 373, notwithstanding provisions contained to the
contrary in this chapter, until any such powers shall be
specifically revoked or modified by the department pur-
suant to this chapter, except that the provisions of s.
373.139 relating to acquisition of real property shall ap-
ply.
HM ay.-s 28. part I, ch. 72-299.

73.171 Rules and regulations.-
(1) In order to obtain the most beneficial use of the
water resources of the state and to protect the public
health, safety, and welfare and the interests of the water
users affected, governing boards, by action not incon-
sistent with the other provisions of this law and without
impairing property rights, may:
(a) Establish rules, regulations, or orders affecting
the use of water, as conditions warrant, and forbidding
the construction of new diversion facilities or wells, the
initiation of new water uses, or the modification of any
existing uses, diversion facilities, or storage facilities
within the affected area.
(b) Regulate the use of water within the affected
area by apportioning, limiting, or rotating uses of water
or by preventing those uses which the governing board
finds have ceased to be reasonable or beneficial.
(c) Make other rules, regulations, and orders neces-
sary for the preservation of the interests of the public
and of affected water users.
(2) In promulgating rules and regulations and issu-
ing orders under this law, the governing board shall act
with a view to full protection of the existing rights to wa-
ter in this state insofar as is consistent with the purpose
of this law.
(3) No rule, regulation or order shall require any mod-
ification of existing use or disposition of water in the dis-
trict unless it is shown that the use or disposition pro-
posed to be modified is detrimental to other water users
or to the water resources of the state.
(4) All rules and regulations adopted by the govern-
ing board shall be filed with the Department of State as
provided in chapter 120. An information copy will be filed
with the Department of Environmental Regulation.
iHaMy.-s 11. ch 57-380, s 8. ch. 63-336; s. 10,25,35. ch. 69-106. s 8. ch.
76-243: 1. ch 77-117, s 14, ch. 78-95.
373.175 Declaration of water shortage; emergency
orders.-
(1) The governing board of the district may by order
declare that a water shortage exists within all or part of
the district when insufficient ground or surface water is
available to meet the needs of the users or when condi-
tions are such as to require temporary reduction in total
use within the area to protect water resources from seri-
ous harm.
(2) The governing board may impose such restric-
tions on one or more users of the water resource as may
be necessary to protect the water resources of the area
from serious harm.


.. .


aS 1987


Ch. 373


-------- ----------











WATER RESOURCES


(3) When a water shortage is declared, the govern-
ing board shall cause notice thereof tobe published in
a prominent place within a newspaper of general circula-
tion throughout the area Publcation of such notice shall
serve as notice to all users in the area of the condition
of water shortage.
(4) If an emergency condition exists due to a.water
shortage within any area of the district and the executive
director of the district, with the concurrence of the gov-
erning board, finds that the exercise of powers under
this section 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, he may,
pursuant to the provisions of chapter 120, issue emer-
gency orders reciting the existence of such an emergen-
cy and requiring that such action, including, but not lim-
ited to, apportioning, rotating, kmiting, or prohibiting the
use of the water resources of the district, be taken as
the executive director, with the concurrence of the gov-
erning board, deems necessary to meet the emergency.
MlorMy.-s 1. ch. 72-730; 2. ch. 73-490; s. 1. C. 73-2 ; s. 14, ch. 78-45
s 35.ch 83-218
No.-Formr s. 378 152

373.191 County water conservation projects.-The
several counties of the state may cooperate with the di-
vision by engaging in county water development and
conservation projects and may use county funds and
equipment for this purpose and to do all other things
necessary in connection with the development and con-
servation of the county's water resources consistent
with the provisions of this law and the rules and regula-
tions adopted pursuant thereto.
MNitr.-s 13. ch. 57-380. s 25. 35. ch. -106.
373.196 Legislative findings.-
(1) It is the finding of the Legislature that coopera-
tive efforts between municipalities, counties, water man-
agement districts, and the Department of Environmental
Regulation are mandatory in order to meet the water
needs of rapidly urbanizing areas in a manner which will
supply adequate and dependable supplies of water
where needed without resulting in adverse effects upon
the areas from whence such water is withdrawn. Such
efforts should utilize all practical means of obtaining wa-
ter, including, but not limited to, withdrawals of surface
water and ground water, recycling of waste water, and
desalinization, and will necessitate not only cooperation
but also well-coordinated activities. The purpose of this
act is to provide additional statutory authority for such
cooperative and coordinated efforts.
(2) Municipalities and counties are encouraged to
create regional water supply authorities as authorized
herein. It is further the intent that municipalities, coun-
ties, and regional water supply authorities are to have
the primary responsibility for water supply, and water
management districts and their basin boards are to en-
gage only in those functions that are incidental to the ex-
ercise of their flood control and water management pow-
ers.
(3) Nothing herein shall be construed to preclude
the various municipalities and counties from continuing
to operate existing water production and transmission


facilities or to enter into cooperative agreements with
other municipalities and counties for the purpose of
meeting their respective needs for dependable and ade-
quate supplies of water, provided the obtaining of water
through such operations shall not be done in a manner
which results in adverse effects upon the areas from
whence such water is withdrawn.
1H1ei .-s. I, ch. 74-114; s. 43, ch. 79-6
373.1981 Water production.-In the performance
of, and in conjunction with, its other powers and duties,
the governing board of a water management district ex-
isting pursuant to chapter 373:
(1) Shall engage in planning to assist counties, mu-
nicipalities, and regional water supply authorities in
meeting water supply needs in such manner as will give
priority to encouraging conservation and reducing ad-
verse environmental effects of improper or excessive
withdrawals of water from concentrated areas As used
in this section, regional water supply authorities are re-
gional water authorities created under s. 373.1962 or
other laws of this state.
(2) Shall assist counties, municipalities, and water
supply authorities in meeting water supply needs in
such manner as will give priority to encouraging conser-
vation and reducing adverse environmental effects of
improper or excessive withdrawals of water from con-
centrated areas.
(3) May establish, design, construct, operate, and
maintain water production and transmission facilities for
the purpose of supplying water to counties, municipali-
ties, and regional water supply authorities. The permit
required by part II of this chapter for a water manage-
ment district engaged in water production and transmis-
sion shall be granted, denied, or granted with conditions
by the department.
(4) Shall not engage in local distribution.
(5) Shall not deprive, directly or indirectly, any coun-
ty wherein water is withdrawn of the prior right to the
reasonable and beneficial use of water which is required
to supply adequately the reasonable and beneficial
needs of the county or any of the inhabitants or property
owners therein.
(6) May provide water and financial assistance to re-
gional water supply authorities, but may not provide wa-
ter to counties and municipalities which are located
within the area of such authority without the specific ap-
proval of the authority or, in the event of the authority's
disapproval, the approval of the Governor and Cabinet
sitting as the Land and Water Adjudicatory Commission.
The district may supply water at rates and upon terms
mutually agreed to by the parties or, if they do not agree,
as set by the governing board and specifically approved
by the Governor and Cabinet sitting as the Land and
Water Adjudicatory Commission.
(7) May acquire title to such interest as is necessary
in real property, by purchase, gift, devise, lease, eminent
domain, or otherwise, for water production and transmis-
sion consistent with this section. However, the district
shall not use any of the eminent domain powers herein
granted to acquire water and water rights already devot-
ed to reasonable and beneficial use or any water pro-
duction or transmission facilities owned by any county,
28


Ch. 373


F.S. 187


U


I -~ -- r* ~i r-~


.-. I r "' .


r











P.S 1987_ WAERREOUCE C. 7


Municipality, or regional water supply authority. The dis-
trict may exercise eminent domain powers outside of its
district boundaries for the acquisition of pumpage facih-
ties. storage areas, transmission facilities, and the nor-
mal appurtenances thereto, provided that at least 45
Says prior to the exercise of eminent domain, the district
notifies the district where the property is located after
public notice and the district where the property is locat-
S ed does not object within 45 days after notification of
such exercise of eminent domain authority.
(8) In addition to the power to issue revenue bonds
pursuant to s. 373.584, may issue revenue bonds for the
purposes of paying the costs and expenses incurred in
carrying out the purposes of this chapter or refunding
obligations of the district issued pursuant to this section.
Such revenue bonds shall be secured by, and be pay-
able from, revenues derived from the operation, lease,
or use of its water production and transmission facilities
and other water-related facilities and from the sale of
water or services relating thereto. Such revenue bonds
may not be secured by, or be payable from, moneys de-
nved by the district from the Water Management Lands
Trust Fund or from ad valorem taxes received by the dis-
tnct. All provisions of s. 373.584 relating to the issuance
of revenue bonds which are not inconsistent with this
section shall apply to the issuance of revenue bonds
pursuant to this section. The district may also issue
bond anticipation notes in accordance with the provi-
sions of s. 373.584.
(9) May join with one or more other water manage-
ment districts, counties, municipalities, or regional water
supply authorities for the purpose of carrying out any of
its powers, and may contract with such other entities to
finance acquisitions, construction, operation, and main-
tenance The contract may provide for contributions to
be made by each party thereto, for the division and ap-
portionment of the expenses of acquisitions, construc-
tion, operation, and maintenance, and for the division
and apportionment of the benefits, services, and prod-
ucts therefrom The contracts may contain other cove-
nants and agreements necessary and appropriate to ac-
complish their purposes.
MiNigy.-s. 2, ch. 74-14; s. 14, h. 76-243: s. 7. ch. 82-101; s 2. ch. 87-347.
373.1962 Regional water supply author .-
(1) By agreement between local governmental units
created or existing pursuant to the provisions of Art. VIII
of the State Constitution, pursuant to the Florida Interlo-
cal Cooperation Act of 1969, s 163 01, and upon the ap-
proval of the 'Governor and Cabinet sitting as head of
the Department of Natural Resources to ensure that
such agreement will be in the public interest and com-
plies with the intent and purposes of this act, regional
water supply authorities may be created for the purpose
of developing, recovering, storing, and supplying water
for county or municipal purposes in such a manner as
will give priority to reducing adverse environmental ef-
fects of excessive or improper withdrawals of water from
concentrated areas. In approving said agreement the
Governor and Cabinet, sitting as head of the Depart-
ment of Natural Resources, shall consider, but not be
limited to, the following:


(a) Whether the geographic territory of the proposed
authority is of sufficient size and character to reduce the
environmental effects of improper or excessive with-
drawals of water from concentrated areas.
(b) The maximization of economic development of
the water resources within the territory of the proposed
authority.
(c) The availability of a dependable and adequate
water supply.
(d) The ability of any proposed authority to design,
construct, operate, and maintain water supply facilities
in the locations, and at the times necessary, to ensure
that an adequate water supply will be available to all citi-
zens within the authority.
(e) The effect or impact of any proposed authority
on any municipality, county, or existing authority or au-
thorities.
(f) The existing needs of the water users within the
area of the authority.
(2) In addition to other powers and duties agreed
upon, and notwithstanding the provisions of s. 163.01,
such authority may:
(a) Upon approval of the electors residing in each
county or municipality within the territory to be included
in any authority, levy ad valorem taxes, not to exceed
one-half mill, pursuant to s. 9(b), Art. VII of the State
Constitution. No tax authorized by this paragraph shall
be levied in any county or municipality without an affirm-
ative vote of the electors residing in such county or mu-
nicipality
(b) Acquire water and water rights, develop, store,
and transport water; provide, sell and deliver water for
county or municipal uses and purposes, provide for the
furnishing of such water and water service upon terms
and conditions and at rates which will apportion to par-
ties and nonparties an equitable share of the capital cost
and operating expense of the authority's work to the
purchaser.
(c) Collect, treat, and recover wastewater.
(d) Not engage in local distribution
(e) Exercise the power of eminent domain in the
manner provided by law for the condemnation of private
property for public use to acquire title to such interest
in real property as is necessary to the exercise of the
powers herein granted, except water and water rights
already devoted to reasonable and beneficial use or any
water production or transmission facilities owned by any
county or municipality.
(f) Issue revenue bonds in the manner prescribed
by the Revenue Bond Act of 1953, as amended, part I,
chapter 159, to be payable solely from funds derived
from the sale of water by the authority to any county or
municapalty. Such bonds may be additionally secured
by the full faith and credit of any county or municipality,
as provided by s. 159.16 or by a pledge of excise taxes,
as provided by s. 159.19. For the purpose of issuing rev-
enue bonds, an authority shall be considered a "unit" as
defined in s. 159.02(2) and as that term is used in the
Revenue Bond Act of 1953, as amended. Such bonds
may be issued to finance the cost of acquiring proper-
ties and facilities for the production and transmission of
water by the authority to any county or municipality,
which cost shall include the acquisition of real property


1P 18


-,-^- L-1..1 -


WATFA tRESOURCES


Ch. 373











C 3WATR Rff~fttef4 C& 40


and easements therein for such purposes. Such bonds
may be n the form of refunding bonds to take up any
outstanding bonds of the authonty or of any county or
municipality where such outstanding bonds are secured
by properties and facilities for production and transmis-
sion of water, which properties and facilities are being
acquired by the authority. Refunding bonds may be is-
sued to take up and refund all outstanding bonds of said
authority that are subject to call and termination, and all
bonds of said authority that are not subject to call or re-
demption, when the surrender of said bonds can be pro-
cured from the holder thereof at prices satisfactory to
the authority. Such refunding bonds may be issued at
any time when, in the judgment of the authority, it will
be to the best interest of the authority financially or eco-
nomically by securing a lower rate of interest on said
bonds or by extending the time of maturity of said bonds
or, for any other reason, in the judgment of the authority.
advantageous to said authority.
(g) Sue and be sued in its own name
(h) Borrow money and incur indebtedness and issue
bonds or other evidence of such indebtedness.
(i) Join with one or more other public corporations
for the purpose of carrying out any of its powers and for
that purpose to contract with such other public corpora-
tion or corporations for the purpose of financing such ac-
quisitions, construction, and operations Such contracts
may provide for contributions to be made by each party
thereto, for the division and apportionment of the ex-
penses of such acquisitions and operations, and for the
division and apportionment of the benefits, services,
and products therefrom. Such contract may contain
such other and further covenants and agreements as
may be necessary and convenient to accomplish the
purposes hereof.
(3) When it is found to be in the public interest, for
the public convenience and welfare, for a public benefit.
and necessary for carrying out the purpose of any re-
gional water supply authority, any state agency, county,
water control district existing pursuant to chapter 298,
water management district existing pursuant to chapter
373. municipality, governmental agency, or public cor-
poration in this state holding title to any interest in land
is hereby authorized, in its discretion, to convey the title
to or dedicate land, title to which is in such entity, includ-
ing tax reverted land, or to grant use-rights therein, to
any regional water supply authority created pursuant to
this section. Land granted or conveyed to such authority
shall be for the pubic purposes of such authority and
may be made subject to the condition that in the event
said land is not so used, or if used and subsequently its
use for said purpose is abandoned, the interest granted
shall cease as to such authority and shall automatically
revert to the granting entity.
(4) Each county or municipality which is a party to
an agreement pursuant to subsection (1) shall have a
preferential right to purchase water from the regional
water supply authority for use by such county or munici-
pality.
(5) In carrying out the provisions of this section, any
county wherein water is withdrawn by the authority shall
not be deprived.directly or indirectly, of the prior right
to the reasonable and beneficial use of water which is


required adequately to supply the reasonable and bene-
ficial needs of the county or any of the inhabitants or
property owners therein
(6) Upon a resolution adopted by the governing
body of any county or municipality, the authority may
subject to a majority vote of its voting members, include
such county or municipality in its regional water supply
authority upon such terms and conditions as may be
prescribed.
(7) The authority shall design, construct, operate,
and maintain facilities in the locations and at the times
necessary to insure that an adequate water supply wil
be available to all citizens within the authority.
sIeY .-s 7.ch 14-t4. s I.ch 77-174. a35.ch 79-5. It cn 86-22
'NI-b -Section I1, n 75-22 rainsferredpoiera. due. uadlunctonm of the D.
parl wn of Nautal Resouces telatng lo war management io he Deparmeni ot
Enwonmenta Regulaton.

373.1963 Assitance to Wet Coat Regional Wa-
to1 Supply Authority.-
(1) In lieu of the provisions in paragraph
373 1962(2)(a). the Southwest Florida Water Manage-
ment District shall assist the West Coast Regional Water
Supply Authority for a period of 5 years, terminating De-
cember 31, 1981. by levying an ad valorem tax, upon re-
quest of the authority, of not more thtn 0.05 mill on all
taxable property within the limits of the authority During
such period the corresponding basin board ad valorem
tax levies shall be reduced accordingly.
(2) The authority shall prepare its annual budget in
the same manner as prescribed for the preparation of
basin budgets, but such authority budget shall not be
subject to review by the respective basin boards or by
the governing board of the district.
(3) The annual millage for the authority shall be the
amount required to raise the amount called for by the an-
nual budget when applied to the total assessment on all
taxable property within the limits of the authority, as de-
termined for county taxing purposes
(4) The authority may, by resolution, request the
governing board of the district to levy ad valorem taxes
within the boundaries of the authority Upon receipt of
such request, together with formal, certification of the
adoption of its annual budget and of the required tax
levy, the authority lax levy shall be made by the govern-
ing board of the district to finance authority functions
(5) The taxes provided for in this section shall be ex-
tended by the property appraiser on the county tax roll
in each county within, or partly within, the authority
boundaries and shall be collected by the tax collector in
the same manner and time as county taxes, and the pro-
ceeds therefrom paid to the district which shall forthwith
pay them over to the authority. Until paid, such taxes
shall be a lien on the property against which assessed
and enforceable in like manner as county taxes. The
property appraisers, tax collectors, and clerks of the cir-
cuit court of the respective counties shall be entitled to
compensation for services performed in connection with
such taxes at the same rates as apply to county taxes.
(6) The governing board of the district shall not be
responsible for any actions or lack of actions by the au-
thority.
HMtory.- s 13. ch 76 243 s I ch 77-174


Ch. 373


WATER RRSLlarsA


Me 4a.


r







F.S. 196


I


,* 373.1995 Kissimmee River Valley and Taylor
SCreek-Nubbna Slough Basin; coordinating council on
restoran; project n 1Apmnion.-
(1) There is created the Coordinating Council on the
Restoration of the Kissimmee River Valley and Taylor
SCreek-Nubbins Slough Basin The council shall be com-
posed of the Executive Director of the Department of
Natural Resources, the Executive Director of the Florida
Game and Fresh Water Fish Commission, the Executive
Director of the Central and Southern Florida Flood Con-
trol District, and the Commissioner of the Department of
Agriculture and Consumer Services, or their designees,
and the Secretary of the Department of Environmental
Regulation, who shall serve as chairman.
(2) In recognition of the complete findings of the
Special Project to Prevent the Eutrophication of Lake
Okeechobee, the council shall develop measures which
are to be taken by the Department of Environmental
Regulation, the Department of Natural Resources, the
Game and Fresh Water Fish Commission, and the Cen-
tral and Southern Florida Flood Control District to restore
the water quality of the Kissimmee River Valley and Tay-
lor Creek-Nubbins Slough Basin. Such measures shall
be designed to minimize and ultimately remove the
Threats to the agricultural industry, the wildlife, and the
People of central and southern Florida, posed by land
uses and water management practices which cause the
Degradation of water quality in such area and shall be
designed to alleviate excessive nutrent loading from the
Taylor Creek-Nubbins Slough Basin. In developing such
measures, the council shall seek to:
(a) Conserve and improve ground and surface water
supplies throughout the region.
(b) Improve the quality of water for all beneficial pur-
poses throughout the region, and in Lake Okeechobee.
(c) Restore the natural seasonal water level fluctua-
tions in the lakes of the Kissimmee River and in its natu-
ral flood plains and marshlands
(d) Recreate conditions favorable to increases in
production of wetland vegetation, native aquatic life,
and wetland wildlife.
(e) Protect presently developed areas from unnatu-
ral floods, to the extent that such protection is now
achievable.
(f) Utilize the natural and free energies of the river
system to the greatest extent possible, so as to hold to
a minimum all recurring annual needs of petroleum ener-
gy supplies.
(g) Provide for the effective enforcement of existing
laws designed to prevent excessive nutrient loading of
area waters.
(3) The Department of Environmental Regulation,
the Department of Natural Resources, the Game and
Fresh Water Fish Commission, and the Central and
Southern Florida Flood Control District shall each imple-
ment and enforce those measures developed by the
council which are within its jurisdiction. The Secretary of
the Department of Environmental Regulation shall be re-
sponsible for the overall supervision of the enforcement
of such measures.
(4) The Central and Southern Florida Flood Control
District or its successor agency shall establish a Special
Trust Fund for the Restoration of the Kissimmee River


7;,.;-----i .i._. ._
r


Ch. 373


WATER RESOURCES


Valley and Lake Okeechobee, which shall be funded
from State General Revenue, federal matching funds,
donations, and district funds, provided that district
funds shall equal 20 percent of State General Revenue
funds.
(5) The Secretary of the Department of Environmen-
tal Regulation shall present to the Legislature, within 1
year of the effective date of this act, the council's com-
prehensive report and complete plans for implementa-
tion of the corrective actions required, including fund re-
quirements, and the implementation of the program
within 5 years after the effective date of this act. During
the 5-year implementation period, the Secretary of the
Department of Environmental Regulation shall present
to the Legislature an annual, comprehensive, interim
progress report.
(6) Upon completion of the entire program to the sat-
isfaction of the council and the Legislature, the council
shall cease to exist, and all funds and moneys remaining
in the Special Fund shall be immediately paid over to the
General Revenue Fund.
H .--s. 1. ch. 76-113.
373.197 Kisimmee River Valley and Taylor Creek-
Nubblns Slough Bai restoration project; measures
authorzed.-
(1) The Legislature hereby directs the Florida De-
partment of Environmental Regulation, in conjunction
with the South Florida Water Management District, to
seek appropriate authorization by the Congress of the
United States for a restudy of the Kissimmee River Val-
ley and the Taylor Creek-Nubbins Slough Basin.
(2) The Legislature recommends that the authoriza-
tion provide that the Board of Engineers for Rivers and
Harbors, created under s. 3 of the Rivers and Harbors
Act, approved June 13, 1902, be directed to review the
report of the Chief of Engineers on Central and Southern
Florida, published as House Document Numbered 643,
Eightieth Congress, and other pertinent reports, with a
view to determining whether any modification of the rec-
ommendations contained therein and of the system of
works constructed pursuant thereto is advisable with re-
spect to questions of the quality of water entering the
Kissimmee River and Taylor Creek-Nubbins Slough and
Lake Okeechobee therefrom, flood control, recreation,
navigation, loss of fish and wildlife resources, other cur-
rent and foreseeable environmental problems, and loss of
environmental amenities in those areas Potential modifi-
cation alternatives, if any, shall include, but not be limit-
ed to, consideration of restoration of all or parts of the
Kissimmee River below Lake Kissimmee and of the Tay-
lor Creek-Nubbins Slough Basin.
(3) The Department and the Water Management
District shall also seek to assure that this restudy.be
conducted by the Corps of Engineers in close coopera-
tion with the Coordinating Council on the Restoratiori of
the Kissimmee River Valley and the Taylor Creek-
Nubbins Slough Basin and that the study be responsive
to the problems and needs identified by the Coordinat-
ing Council and consider development of detailed physi-
cal and mathematical models to assess and predict
these identified problems.
HIMswy.-s I. ch 77-404











F.S. 1987


PART II
PERMITTING OF CONSUMPTIVE
USES OF WATER
373.203 Definitions.
373.206 Artesian wells; flow regulated.
373.207 Abandoned artesian wells.
373.209 Artesian wells; penalties for violation.
373.213 Certain artesian wells exempt.
373.216 Implementation of program for regulating the
consumptive use of water.
373.217 Superseded laws and regulations.
373.219 Permits required.
373.223 Conditions for a permit.
373.2235 Effect of prior land acquisition on consump-
tive use permitting.
373.224 Existing permits.
373:226 Existing uses.
373.229 Application for permit.
373.2295 Interdistrict transfers of groundwater.
373 232 Citation of rule.
373.233 Competing applications.
373.236 Duration of permits.
373.239 Modification and renewal of permit terms.
373.243 Revocation of permits
373.244 Temporary permits.
373.245 Violations of permit conditions.
373.246 Declaration of water shortage or emergency.
373.249 Existing regulatory districts preserved.
373.203 DenrtIonf.-
(1) "Abandoned artesian well" is defined as an arte-
sian well:
(a) That does not have a properly functioning valve;
(b) The use of which has been permanently discon-
tinued;
(c) That does not meet current well construction
standards;
(d) That is discharging water containing greater
than 500 milligrams per liter of chlorides into a drinking
water aquifer;
(e) That is in such a state of disrepair that it cannot
be used for its intended purpose without having an ad-
verse impact upon an aquifer which serves as a source
of drinking water or which is likely to be such a source
in the future; or
(f) That does not have proper flow control on or be-
low the land surface.
(2) An "artesian well" is defined as an artificial hole
in the ground from which water supplies may be ob-
tained and which penetrates any water-bearing rock,
the water in which is raised to the surface by natural
flow, or which rises to an elevation above the top of the
water-bearing bed. "Artesian wells" are defined further
to include all holes, drilled as a source of water, that pen-
etrate any water-bearing beds that are a part of the arte-
sian water system of Florida, as determined by repre-
sentatives of the Florida Geological Survey or Depart-
ment of Environmental Regulation.
(3) "Plugging" is defined as plugging, capping, or
otherwise controlling a well as deemed appropriate by


r


the department or by the appropriate water manage-
ment district.
(4) "Waste" is defined to be the causing, suffering,
or permitting any water flowing from, or being pumped
from, an artesian well to run into any river, creek, or other
natural watercourse or channel, or into any bay or pond
(unless used thereafter for the beneficial purposes of irri-
gation of land, mining, or other industrial purposes of do-
mestic use), or into any street, road or highway, or upon
the land of any person, or upon the public lands of the
United States or of the state, unless it is used thereon
for the beneficial purposes of the irrigation thereof, in-
dustrial purposes, domestic use, or the propagation of
fish. The use of any water flowing from an artesian well
for the irrigation of land shall be restricted to a minimum
by the use of proper structural devices in the irrigation
system.
Ioir.-ss- 3.4. ch. 28253. 1953; 1. ch. 59-248; as. 25.35. ch 69-106; 25,
ch. 73-190 44, ch 79-65; s. 6. ch. 83-310.
No.-Former s. 370.051. 373.021.
373.206 Arstsan wefls; flow fgulated.-Every per-
son, stock company, association, corporation, county, or
municipality owning or controlling the real estate upon
which is located a flowing artesian well in this state shall,
within 90 days after June 15, 1953, provide each such
well with a valve capable of controlling the discharge
from the well and shaH keep the valve so adjusted that
only a supply of water is available which is necessary for
ordinary use by the owner, tenant, occupant, or person
in control of the land for personal use and for conducting
his business. Upon the determination by the Depart-
ment of Environmental Regulation or the appropriate wa-
ter management district that the water in an artesian
well is of such poor quality as to have an adverse impact
upon an aquifer or other water body which serves as a
source of public drinking water or which is likely to be
such a source in the future, such well shall be plugged
in accordance with department or appropriate water
management district specifications for well plugging.
HI y-.-s 1.cn 28253 1953; s 1. ch. 65-460ss. 25.35. ch 69-106: s. 2. ch.
73-190; : 45. ch 79-65. 7. ch. 83-310.
No --Forme ss. 370 052, 373.031.
373.207 Abandoned artesian wlls.-
(1) Each water management district shall develop a
work plan which identifies the location of all known aban-
doned artesian wells within its jurisdictional boundaries
and defines the actions which the district must take in
order to ensure that each such well is plugged on or be-
fore January 1, 1992. The work plan shall include the fol-
lowing:
(a) An initial inventory which accounts for all known
abandoned artesian wells in the district.
(b) The location and owner of each known aban-
doned well.
(c) The methodology proposed by the district to ac-
complish the plugging of all known abandoned wells
within the district on or before January 1, 1992.
(d) Data relating to costs to be incurred for the plug-
ging of all wells, including the per-well cost and person-
nel costs.
(e) A schedule of priority for the plugging of wells,
which schedule is established to mitigate damage to the
ground water resource due to water quality degradation.
32


! I 1


F.5 1Plt


I


Ch. 373


WATER RESOURCES


1













F.S. 1987 WATER RESOURCES


(2) Each water management district shall submit it.
work plan to the Secretary of Environmental Regulatior
S no later than January 1, 1984. Thereafter, each water
management district shall submit an annual update o
its work plan until January 1, 1992, or until all wells identi
fled by the plan are plugged, whichever is later.
lMUsty.-s 8. ch 83-310.
373.209 Afteeian wes penalte for violation.-
S (1) No owner, tenant, occupant, or personin contrc
of an artesian well shall knowingly and intentionally:
(a) Allow the well to flow continuously without
valve or mechanical device for checking or controlling
the flow.
(b) Permit the water to flow unnecessarily.
(c) Pump a well unnecessarily.
(d) Permit the water from the well to go to waste.
(2) A well is exempt from the provisions of this sec
tion unless the Department of Environmental Regulatior
can show that the uncontrolled flow of water from thI
well does not have a reasonable and beneficial use, a,
defined in s. 373.019(5).
S (3) Any person who violates any provision of thi.
section shall be subject to either:
(a) The remedial measures provided for in s
373.436; or
(b) A civil penalty of $100 a day for each and ever
day of such violation and for each and every act of viola
tion. The civil penalty may be recovered by the wate
management board of the water management district ii
which the well is located or by the department in a sui
in a court of competent lursdiction in the county when
the defendant resides, in the county of residence of an
defendant if there is more than one defendant, or in thi
county where the violation took place. The place of sui
shall be selected by the board or department, and th
suit, by direction of the board or department, shall be in
stituted and conducted in the name of the board or de
apartment by appropriate counsel. The payment of ani
such damages does not impair or abridge any cause o
action which any person may have against the person
violating any provision of this section.
(4) The penalties provided by this section shall ap
ply notwithstanding any provisions of law to the con
trary.
nrMry..- 2 28253, 1953: s. 323, ch. 71-136. s 25. ch. 73-190: s 1. c
74-279: s 46. ch 79-66 s. 146. ch. 79-400.
Not.-Former ss. 370 053. 373041
373.213 Certain artesian wells xempt-Nothin
in 'ss. 373.203, 373.206, 373.209. or s. 373.213 shall b!
construed to apply to an artesian well feeding a lake al
ready in existence prior to June 15, 1953, which lake i:
used or intended to be used for public bathing and/o
the propagation of fish, where the continuous flow of wa
ter is necessary to maintain its purity for bathing and thl
water level of said lake for fish.
HliMry.-s 6, ch 28253 1953 s. 25. ch 73-190
teNo.--The reference toss s 373 20, 373 206,373.209 or s 373 213* was subsi
tuted by the editors tor a reference to 'ss 370 051-370.055" to conform to the renun
bring by the reviser incident to compiling the Florida Statutes 1957 and the subsw
quent renumbering of those sections by s 25, ch 73-190 Section 370 054. as r
numbered 373051. was repealed by s I, part VI. ch, 72-299
Noet.-Former ss 370055. 373061
373.216 Implementation of program for regulating
the consumptive use of water.-The governing boart


s of each water management district shall, no later than
n October 31, 1983, implement a program for the issuance
r of permits authorizing the consumptive use of particular
f quantities of water covering those areas deemed appro-
Spriate by the governing board. Appropriate monitoring
efforts shalt be a part of any such program implemented.
Notice of any required hearing on the proposed imple-
mentation of these regulations shall be published at
Least once a week for 2 weeks in a newspaper of general
circulation in the area to be affected by such regula-
Stions, the last notice appearing no less than 10 days pri-
or to the date of the public hearing, in addition to any no-
tice required by chapter 120.
Hl ry.-s. prt I, ch. 72-299; s. 8, ch. 73-190 s. 14. ch. 78-95: s. 8, ch.
82-101.
373.217 Superseded laws and regulations.-
S (1) It is the intent of the Legislature to provide a
n means whereby reasonable programs for the issuance
D of permits authorizing the consumptive use of particular
s quantities of water may be authorized by the Depart-
ment of Environmental Regulation, subject to judicial re-
s view and also subject to review by the Governor and
Cabinet, sitting as the Land and Water Adjudicatory
.Commission as provided in s. 373.114.
(2) It is the further intent of the Legislature that Part
y H of the Florida Water Resources Act of 1972, as amend-
Sed, as set forth in ss. 373.203-373.249, shall provide the
r exclusive authority for requiring permits for the con-
i sumptive use of water and for authorizing transportation
t thereof pursuant to s. 373.223(2).
e (3) If any provision of Part II of the Florida Water Re-
y sources Act of 1972, as amended, as set forth in ss.
e 373,203-373.249, is in conflict with any other provision,
t limitation, or restriction which is now in effect under any
3 law.or ordinance of this state or any political subdivision
or municipality, or any rule or regulation promulgated
Sthereunder; Part II shall govern and control, and such
y other law or ordinance or rule or regulation promulgated
f thereunder shall be deemed superseded for the pur-
i pose of regulating the consumptive use of water. How-
ever, this section shall not be construed to supersede
the provisions of the Florida Electrical Power Plant Siting
Act.
(4) Other than as provided in subsection (3) of this
section, Part If of the Florida Water Resources Act of
1972, as amended, preempts the regulation of the con-
sumptive use of water as defined in this act.
S MH eey.-s. 9. ch. 76-243; s. 1. ch 77-174
l- 373.219 Permits required.-
s (1) The governing board or the department may re-
quire such permits for consumptive use of water and
Smay impose such reasonable conditions as are neces-
e sary to assure that such use is consistent with the over-
all 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.
e- (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, im-
g poundment, or consumptive use of water not expressly
j exempted under the provisions of this chapter and with-
533


Ch. 373


---- %












...TER RESOURCES F & 1227


out a permit to do so, the governing board or the depart-
ment shall cause an investigation to be made, and if the
facts slated in the complaint are verified the governing
board or the department shall order the discontinuance
of the use.
HMstry.-s 2, part ch 72-299; s 9, ch 73-190.

373.223 Condtions for a permit-
(1) To obtain a permit pursuant to the provisions of
this chapter, the applicant must establish that the pro-
posed use of water:
(a) Is a reasonable-beneficial use as defined in s.
373.019(4);
(b) Will not interfere with any presently existing legal
use of water; and
(c) Is consistent with the public interest.
(2) The governing board or the department may au-
thorite 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 deter-
mines that such transport and use is consistent with the
public interest, and no local government shall adopt or
enforce any law, ordinance, rule, regulation, or order to
the contrary.
(3) The governing board or the department, by regu-
lation, 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 wildlife or the public health and
safety. Such reservations shall be subject to periodic re-
view 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.
HMiy.-- 3 pan I ch 72-299: 10. ch. 73-190:; 10, ch. 76-243: 35. ch.
85-861.

373.2235 Effect of prior end acquisition n con-
sumptiv use pmrinig g.-The fact that any applicant
has acquired, by the exercise of eminent domain or oth-
erwise, any land for the specific purpose of serving as
a site for a wellfield or nght-of-way prior to obtaining a
consumptive use permit from a water management dis-
trict does not create any presumption of entitlement to
a consumptive use permit. Evidence relating to such pri-
or acquisition of land or right-of-way by any applicant
is not admissible in any proceeding related to consump-
tive use permitting and has no bearing upon any water
management distinct's determination of reasonable ben-
eficial use in the permitting process. In the event that
any applicant elects to acquire land prior to obtaining a
consumptive use permit from a water management dis-
trict, such action shall be considered a voluntary risk as-
sumed by the applicant, and the fact of such prior acqui-
sition shall not be admissible in any administrative or ju-
dicial proceeding relating to consumptive use permitting
under this chapter, including any appeal taken from a
water management district decision.
M4iteo.-s 85, ch. 83-310.
373.224 Existing permits.-Any permits or permit
agreements for consumptive use of water executed or
issued by an existing flood control, water management,


or water regulatory district pursuant to chapter 373 or
chapter 378 prior to December 31, 1976, shall remain in
ful force and effect in accordance with its terms until
otherwise modified or revoked as authorized herein.
IMe1s .--s. t, ch. 73-190; s. 3, ch 75-125.

373.226 Existing uss.-
(1) All existing uses of water, unless otherwise ex-
empted from regulation by the provisions of this chap-
ter, may be continued after adoption of this permit sys-
tem only with a permit issued as provided herein
(2) The governing board or the department shall is-
sue an initial permit for the continuation of all uses in ex-
istence before the effective date of implementation of
this part if the existing use is a reasonable beneficial use
as defined in 's. 373 019(4) and is allowable under the
common law of this state.
(3) Application for permit under the provisions of
subsection (2) must be made within a period of 2 years
from the effective date of implementation of these regu-
lations in an area. Failure to apply within this period shall
create a conclusive presumption of abandonment of the
use, and the user, if he desires to revive the use, must
apply for a permit under the provisions of s. 373 229.
MiM.--s 4. pani c d 72-29. s 12. ch 13-190
NOM--Thew reWnce to "s 373 019(4Y was substituted by me ea.rton or a reler
ence lo' 373 0191' to conform to he renumbermg by I 37 ch 79-65

373.229 Appliation for permit.-
(1) All permit applications filed with the governing
board or the department under this part and notice
thereof required under s. 373.116 shall contain
(a) The name of the applicant and his address 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 supply;
(e) The quantity of water applied for;
(f) The use to be made of the water and any limita-
tion thereon,
(g) The place of use;
(h) The location of the well or point of diversion; and
(i) 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 gov-
ermng board or the department, at its discretion, may re-
quest further information from either applicant or objec-
tors, and a reasonable time shall be allowed for such re-
sponses
(3) If the proposed application is for less than
100,000 gallons per day, the governing board or the de-
partment may consider the application and any objec-
tions thereto without a hearing. If the proposed applica-
tion is for 100,000 gallons per day or more and no objec-
tion is.received, the governing board or the department,
after proper investigation by its staff, may, at its discre-
tion, approve the application without a hearing.
Histoy.-s 5 part i. ch 72-299. s 13. ch. 73-190: s 11, ch 76-243, s 1. ch
77-174.
373.2295 Interdistrict transfers of groundwater.-
(1) As used in this section, "interdistrict transfer and


,.e


Ch. 373


WATER RESOURCES


F.S 1g7














F.S. 1987 WATER RESOURCES Ch. 373


use" means a consumptive water use which involves the
withdrawal of groundwater from a point within one water
management district for use outside the boundaries of
that district.
(2) To obtain a permit for an interdistrict transfer and
use of groundwater, an applicant must file an applica-
tion in accordance with s. 373 229 with the water man-
agement district having jurisdiction over the area from
which the applicant proposes to withdraw groundwater
and submit a copy of the application to the water man-
agement district having jurisdiction over the area where
the water is to be used.
(3) The governing board of the water management
district where the groundwater is proposed to be with-
drawn shall review the application in accordance with
This part, the rules of the district which relate to con-
sumptive water use permitting, and other applicable
provisions of this chapter.
(4) In determining if an application is consistent with
the public interest as required by s. 373 223, the project-
ed populations, as contained in the future land use ele-
ments of the comprehensive plans adopted pursuant to
chapter 163 by the local governments within which the
withdrawal areas and the proposed use areas are locat-
ed, will be considered together with other evidence
presented on future needs of those areas. If the pro-
posed interdistrict transfer of groundwater meets the re-
Squirements of this chapter, and if the needs of the area
where the use will occur and the specific area from
which the groundwater will be withdrawn can be satis-
fled, the permit for the interdistrict transfer and use shall
be issued.
(5) In addition to other requirements contained in
this part, the water management district where the
groundwater is proposed to be withdrawn shall:
(a) Furnish copies of any application, information,
correspondence, or other related material to the water
management district having jurisdiction over the area
where the water is to be used; and
(b) Request comments on the application and the
future water needs of the proposed use area from the
water management district having jurisdiction over the
area where the water is to be used. If comments are re-
ceived, they must be attached to the preliminary notice
of intended agency action and may not create a point
of entry for review whether issued by the governing
board or district staff.
(6) Upon completion of review of the application, the
water management district where the groundwater is
proposed to be withdrawn shall prepare a notice of pre-
liminary intended agency action which shall include an
evaluation of the application and a recommendation of
approval, denial, or approval with conditions. The notice
shall be furnished to the district where the water is to be
used, the applicant, the Department of Environmental
Regulation, the local governments having jurisdiction
over the area from which the groundwater is to be with-
drawn and where the water is to be used, and any per-
son requesting a copy of the notice.
(a) Any interested person may, within the time spec-
ified in the notice, notify in writing the district from where
the groundwater is to be withdrawn of such person's po-


sition and comments or objections, if any, to the prelimi-
nary intended action.
(b) The filing of the notice of intended agency action
shall toll the time periods contained in s. 120.60 for the
granting or denial of a permit for an interdistrict transfer
and use of groundwater.
(c) The preliminary intended agency action and any
comments or objections of interested persons made
pursuant to paragraph (a) shall be considered by the
governing board of the water management district
where the groundwater is proposed to be withdrawn.
Following such consideration, the governing board shall
issue a notice of intended agency action.
(d) Any substantially affected person who submitted
a notification pursuant to paragraph (a) may request re-
view by the department within 14 days after the filing of
the notice of intended agency action. If no request for
review is filed, the notice of intended agency action shall
become the final order of the governing board.
(7) Notwithstanding the provisions of chapter 120,
the department shall, within 30 days after its receipt of
a request for review of the water management district's
action, approve, deny, or modify the water management
district's action on the proposed interdistrict transfer
and use of groundwater. The department shall issue a
notice of its intended action. Any substantially affected
person who requested review pursuant to paragraph
(6)(a) may request an administrative hearing pursuant to
chapter 120 within 14 days after notice of the depart-
ment's intended action. The parties to such proceeding
shall include, at a minimum, the affected water manage-
ment districts and the applicant. The proceedings initiat-
ed by a petition under s. 120.57, following the depart-
ment's issuance of a notice of intended agency action,
is the exclusive proceeding authorized for the review of
agency action on the interdistrict transfer and use of
groundwater. This procedure is to give effect to the leg-
islative intent that this section provide a single, efficient,
simplified, coordinated permitting process for the in-
terdistrict transfer and use of groundwater.
(8) The department shall issue a final order which is
subject to review pursuant to s. 373.114 or s. 120.68.
(9) In administering this part, the department or the
water management districts may enter into interagency
agreements. However, such agreements are not subject
to the provisions of s. 373.046 and chapter 120.
(10) The state hereby preempts any regulation of the
interdistrict transfer and use of groundwater. If any pro-
vision of this section is in conflict with any other provi-
sion or restriction under any law, administrative rule, or
ordinance, this section shall govern and such law, rule,
or ordinance shall be deemed superseded for the pur-
poses of this section. A water management district or
the department may not adopt special rules which pro-
hibit or restrict interdistrict transfer and use of ground-
water in a manner inconsistent with this section.
(11) Any applicant who has submitted an application
for interdistrict transfer and use of groundwater which
is pending on July 11, 1987, may have the application
considered pursuant to this section. New permits are
not required for interdistrict transfers existing on July 11,
1987, for the duration of the permits issued for such
uses.


F.S. 1987


Ch. 373


WATER RESOURCES










9% 17 V&t
I !V11


(12) If, after the final order of the department or final
agency action under this section, the proposed use of
the site designated in the application for groundwater
production, treatment, or transmission facilities does not
conform with the existing zoning ordinances, a rezoning
application may be submitted. If local authorities deny
the application for rezoning, the applicant may appeal
this decision to the Land and Water Adjudicatory Com-
mission, which shall authorize a variance or nonconform-
ing use to the existing comprehensive plan and zoning
ordinances, unless the commission determines after no-
tice and hearing that such variance or nonconforming
use is contrary to the public interest.
(13) The permit required under this section and other
sections of this chapter and chapter 403 are the sole
permits required for interdistnct transfer and use of
groundwater, and such permits are in lieu of any license,
permit, or similar document required by any state agen-
cy or political subdivision pursuant to chapter 163, chap-
ter 380, or chapter 381, and the Florida Transportation
Code.
(14) When a consumptive use permit under this sec-
tion is granted for water use beyond the boundaries of
a local government from which or through which the
groundwater is withdrawn or transferred and a local gov-
ernment denies a permit required under chapter 125 or
chapter 153 for a facility or any infrastructure which pro-
duces, treats, transmits, or distributes such groundwa-
ter, the person or unit of government applying for the
permit under chapter 125 or chapter 153 may appeal the
denial to the Land and Water Adjudicatory Commission.
The commission shall review the local government ac-
tion for consistency with this chapter and the interdis-
trict groundwater transfer permit and may reverse, mod-
ify, or approve the local government's action.
Hshtny.-s I, ch. 87-347.
373.232 Citaton of rute.-ln addition to any other
provisions within this part or any rules promulgated
hereunder, the permitting agency shall, when request-
ing information for a permit application pursuant to this
part or such rules promulgated hereunder, cite a specif-
ic rule. If a request for information cannot be accompa-
nied by a rule citation, failure to provide such information
cannot be grounds to deny a permit.
HMIs-y.-s 4. ch. 79-161.
373.233 Competng applicatona.-
(1) If two or more applications which otherwise com-
ply with the provisions of this part are pending for a
quantity of water that is inadequate for both or all, or
which for any other reason are in conflict, the governing
board or the department shall have the right to approve
or modify the application which best serves the public
interest.
(2) In the event that two or more competing applica-
tions qualify equally under the provisions of subsection
(1), the governing board or the department shall give
preference to a renewal application over an initial appli-
cation.
HWMty.-s 6. part I, ch. 72-299
373.236 Duration of permits.-
(1) Permits may be granted for any period of time


not exceeding 20 years. The governing board or the de.
apartment may base duration of permits on a reasonable
system of classification according to source of supply or
type of use, or both.
(2) The governing board or the department may au-
thorize a permit of duration of up to 50 years in the case
of a municipality or other governmental body or of a pub-
lic works or public service corporation where such a pen.
od is required to provide for the retirement of bonds for
the construction of waterworks and waste disposal facil-
ities.
HMiw y.-s. 7, put I. ch. 72-299
373.239 Modiication and rnewal of permit tens
(1) A permitted may seek modification of any terms
of an unexpired permit.
(2) If the proposed modification involves water use
of 100,000 gallons or more per day, the application shall
be treated under the provisions of s 373.229 in the same
manner as the initial permit application. Otherwise, the
governing board or the department may at its discretion
approve the proposed modification without a hearing,
provided the permitted establishes that:
(a) A change in conditions has resulted in the water
allowed under the permit becoming inadequate for the
permitted's need, or
(b) The proposed modification would result in a
more efficient utilization of water than is possible under
the existing permit
(3) All permit renewal applications shall be treated
under this part in the same manner as the initial permit
application.
y.-- pa 8. ch 72-299 s. 14, ch. 73-190.
373.243 Revocation of permits.-The governing
board or the department may revoke a permit as follows:
(1) For any material false statement in an application
to continue, initiate, or modify a use, or for any material
false statement in any report or statement of fact re-
quired of the user pursuant to the provisions of this
chapter, the governing board or the department may re-
voke the user's permit, in whole or in part, permanently.
(2) For willful violation of the conditions of the per-
mit, the governing board or the department may perma-
nently or temporarily revoke the permit, in whole or in
part.
(3) For violation of any provision of this chapter, the
governing board or the department may revoke the per-
mit, in whole or in part, for a period not to exceed 1 year.
(4) For nonuse of the water supply allowed by the
permit for a period of 2 years or more, the governing
board or the department may revoke the permit perma-
nently 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 re-
voke a permit, permanently and in whole, with the writ-
ten consent of the permitted.
HIkry.-s. 9. part I. ch 72-299 14, ch. 78-95.
373.244 Temporary permits.-
(1) The governing board of a water management
district may issue, or may authorize its executive direc-
tor to issue, temporary permits for the consumptive use


---~


Ch 3f73


WATER RESOURCES


se

I











WATER RESOURCES Ch. 373


Sof water while an application is pending for a permit pur-
suant to ss. 373.219 and 373.229.
(2) Such a temporary permit shall be issued for a pe-
riod of time to expire on the day following the next regu-
lar meeting of the governing board. At such meeting, the
governing board shall consider whether it appears that
the proposed use meets the criteria set forth in s.
373.223(1) and that such temporary permit is necessary
for consumptive use of water prior to final action on an
application for a permit pursuant to ss. 373.219 and
S373.229.
(3) The governing board may summarily extend the
Stem of a temporary permit for subsequent periods of
time to expire on or before the day following the next
regular meeting of the governing board.
(4) The board shall review temporary permits at
each regular meeting and may terminate a temporary
Permit or refuse to extend it further upon a finding that
Sthe water use does not meet the criteria set forth in s.
373.223(1) or that adverse effects are occurring as a re-
suit of water use under the temporary permit or that the
water authorized to be used under such permit is no
longer required by the permitholder.
(5) The notice and hearing that might otherwise be
* required pursuant to s. 373.116(2) and chapter 120 shall
not be required prior to issuance or extension of a tem-
I porary permit pursuant to the provisions of this section.
(6) Issuance of a temporary permit pursuant to the
Provisions of this section shall not in any way be con-
strued as a commitment to issue a permit pursuant to
as. 373 219 and 373 229. No action taken by the govern-
ing board, or by the executive director if so authorized,
shall be construed to estop the governing board from
subsequently denying an application for a permit pursu-
ant to ss. 373.219 and 373.229.
let ,-s. 1t.ch 79-160.
S 373.245 Violations of pemrt conditions.-Holders
Sof consumptive use permits who violate conditions of
such permits shall be liable to abutting consumptive use
permithoiders for damages caused by such permit viola-
tions. No cause of action shall accrue under this section
until the complainant has first applied for and then been
denied relief by the water management district for the
permit violations complained of. The provisions of this
section are supplemental, and nothing in this section is
intended to preclude the use of any other existing cause
of action, remedy, or procedure.
ilitmy.-s. 10. ch. 82-101.
373.246 Declaration of water shortage or emergen-
cy.-
(1) The governing board or the department by regu-
lation 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 lat-
er than October 31, 1983. As a part of this plan the gov-
erning board or the department shall adopt a reasonable
system of water-use classification according to source
of water supply; method of extraction, withdrawal, or di-
version; or use of water or a combination thereof. The
plan may include provisions for variances and alterna-


tive measures to prevent undue hardship and ensure
equitable distribution of water resources.
(2) The governing board or 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 an-
ticipated 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 sub-
section (1). the governing board or the department may
impose such restrictions on one or more classes of wa-
ter uses as may be necessary to protect the water re-
sources of the area from serious harm and to restore
them to their previous condition.
(4) A declaration of water shortage and any mea-
sures adopted pursuant thereto may be rescinded by
the governing board or the department.
(5) When a water shortage is declared, the govern-
ing 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 no-
tify 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 wa-
ter for the duration of the water shortage.
(7) if an emergency condition exists due to a water
shortage within any area of the district, and if the depart-
ment, or the executive director of the district with the
concurrence of the governing board, finds that the exer-
cise of powers under subsection (1) 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 exist-
ence of such an emergency and requiring that such ac-
tion, including, but not limited to, apportioning, rotating,
limiting, or prohibiting the use of the water resources of
the district, be taken as the department or the executive
director deems necessary to meet the emergency.
(8) An affected party to whom an emergency order
is directed under subsection (7) shall comply immediate-
ly, but may challenge such an order in the manner set
forth in s. 373.119.
mlgty.--s 10, part U. ch. 72-299; s. 14, ch. 78-95; s. t1, ch 82-101, a. 10. ch.
84-341

373249 Existing regulato district peserved.-
The enactment of this chapter shall not affect any exist-
ing water regulatory districts pursuant to chapter 373,
or orders issued by said regulatory districts, unless spe-
cifically revoked, modified, or amended by such regula-
tory district or by the department.
Hiotr.-s 11 part I. ch 72-299.
PART III
REGULATION OF WELLS


-~--111111~111111 "


WATER RESOURCES


Ch. 373


M 1987











Ch. 373

373.303
373.306
373.308

373.309

373.313
373.314
373.316
373.319
373.323

373.326
373.329
373.333
373.336
373.339
373.342


- -.

Definitions
Scope.
Implementation of programs for regulating
water wells.
Authority to adopt rules, regulations, and pro-
cedures
Prior permission and notification.
Citation of rule.
Existing installations.
Inspections.
Water wellcontractor licenses, driller and drill-
ing equipment registration.
Exemptions.
Fees.
Enforcement.
Penalties
Existing regulations preserved.
Permits.


373.303 DefAntionls-As used in this part, the term:
(1) "Abandoned water welr means a well the use of
which has been permanently discontinued. Any well
shall be deemed abandoned which is in such a state of
disrepair, as determined by a representative of the de-
partment, that continued use for the purpose of obtain-
ing ground water or disposing of water or liquid wastes
is impracticable.
(2) "Construction of water wells" means all parts nec-
essary to obtain ground water by wells, including the lo-
cation and excavation of the well, but excluding the in-
stallation of pumps and pumping equipment.
(3) 'Department' means the Department of Environ-
mental Regulation
(4) "Political subdivision" means a city, town, county,
district, or other public body created by or pursuant to
state law, or any combination thereof acting coopera-
tively or jointly.
(5) "Repair* means any action which involves the
physical alteration or replacement of any part of a well,
but does not include the alteration or replacement of any
portion of a well which is above ground surface
(6) "Water well contractor" means any person, firm,
or corporation engaged in the business of constructing
water wells.
(7) "Well" means any excavation that is drilled,
cored, bored, washed, driven, dug, jetted, or otherwise
constructed when the intended use of such excavation
is for the location, acquisition, development, or artificial
recharge of ground water, but such term does not in-
clude any well for the purpose of obtaining or prospect-
ing for oil, natural gas, minerals, or products of mining
or quarrying; for inserting media to dispose of oil brines
or to repressure oil-bearing or natural gas-bearng for-
mation; for storing petroleum, natural gas, or other prod-
ucts; or for temporary dewatering of subsurface forma-
tions for mining, quarrying, or construction purposes.
(8) "Well seal" means an approved arrangement or
device to prevent contaminants from entering the well
at the upper terminal.
MI y.-- 1, part h, ch. 72-299; ,. 228, ch. 81-259: ss 74. 75. ch 83-310
373.306 Scope.-No person shall construct, repair,
abandon, or cause to be constructed, repaired, or aban-

I5


F.. 1987


doned, any water well contrary to the provisions of this
part and applicable rules and regulations. This part shall
not apply to equipment used temporarily for dewatering
purposes or to the process used in dewatering.
Hlley.-s. 2. part M. ch 72-299; 15. ch. 73-190.
373.30 Implementation of programs for regulating
water wells.-
(1) The department shall authorize the governing
board of a water management district to implement a
program for the issuance of permits for the location, con-
struction, repair. and abandonment of water wells.
(2) The department shall authorize the governing
board of a water management district to exercise any
power authorized to be exercised by the department un-
der ss. 373.309, 373.313, 373.316, 373.319, 373.323,
373.326, 373.329, and 373.333 and shall encourage the
district to fully exercise such powers as soon as practi-
cable.
(3) Delegations pursuant to subsections (1) and (2)
and ss. 373.323 and 373:333 may be rescinded only if
the secretary determines that such delegations are not
being carried out in accordance with the rules of the de-
partment.
(4) Notwithstanding the provision in this section for
delegation of authority to a water management district,

the department may prescribe minimum standards for
the location, construction, repair, and abandonment of
water wells throughout all or parts of the state, as may
be determined by the department.
wHtrM.-s 2. ch. 79-t6; s. 76. ch. 83-310.
373.309 Authority to adopt rules, regulations, and
procedures.-The department shall adopt, and may
from time to time amend, rules and regulations govern-
ing the location, construction, repair, and abandonment
of water wells and shall be responsible for the adminis-
tration of this part. With respect thereto, it shall:
(1) Enforce the provisions of this part and any rules
and regulations adopted pursuant thereto.
(2) Delegate, at its discretion, to any political subdi-
vision any of its authority under this part in the adminis-
tration of the rules and regulations adopted hereunder.
(3) Establish procedures and forms for the submis-
sion, review, approval, and rejection of applications, no-
tifications, and reports required under this part.
(4) Require at its discretion the making and filing of
logs, and the saving of cuttings and cores, which shall
be delivered to the department.
(5) Issue such additional regulations and take such
other actions as may be necessary to carry out the provi-
sions of this part.
WMiury.-s 3. part ch 72-299. a. 229. ch 81-259
373.313 Prior permission and notification.-
(1) Taking into consideration other applicable state
laws, in any geographical area where the department
determines such permission to be reasonably necessary
to protect the ground water resources, prior permission
shall be obtained from the department for each of the
following:
(a) The construction of any water well;
(b) The repair of any water well; or


I .1


WATER RESOURCES


impw


Ilr' E:- I













C 4 1987 WATWO r%6l SIP*


(c) The abandonment of any water well.
However, in any area where undue hardship might arise
by reason of such requirement, prior permission will not
be required.
(2) The department shall be notified of any of the fol-
lowing whenever prior permission is not required:
(a) The construction of any water well;
(b) The repair of any water well; or
(c) The abandonment of any water well.
IgM y.-s. 4, part M, ch. 72-299.
373.314 Citatin of rule.-n addition to any other
provisions within this part or any rules promulgated
hereunder, the permitting agency shall, when request-
ing information for a permit application pursuant to this
part or such rules promulgated hereunder, cite a specif-
ic rule. If a request for information cannot be accompa-
nied by a rule citation, failure to provide such information
cannot be grounds to deny a permit.
Hia4u .-s. 5, ch. 79-161.
373.316 Existing installations.-No well in exist-
ence on the effective date of this part shall be required
to conform to the provisions of s. 373.313 or any rules
or regulations adopted pursuant thereto. However, any
well now or hereafter abandoned or repaired as defined
in this part shall be brought into compliance with the re-
quirements of this part and any applicable rules or regu-
lations with respect to abandonment of wells, and any
well which is determined by the department to be a haz-
ard to the ground water resources must comply with the
provisions of this part and applicable rules and regula-
tions within a reasonable time after notification of such
determination has been given.
HISty.-s 5. pat l. ch. 72-299.
373.319 Inspections.-
(1) The department is authorized to inspect any wa-
ter well or abandoned water well. Duly authorized repre-
sentatives of the department may at reasonable times
enter upon and shall be given access to any premises
for the purpose of such inspection.
(2) If upon the basis of such inspections the depart-
ment finds applicable laws, rules, or regulations havq
not been complied with, it shall disapprove the well. If
disapproved, no well shall thereafter be used until
brought into compliance with the rules and regulations
promulgated under this law.
HNta y.-s 6. part II. ch. 72-2990 s 14, ch. 78-95.
1373.323 Water wel contractor licenses; driller and
drilling equipment ritration.-
(1) WATER WELL CONTRACTOR LICENSES.-
(a) Every person who wishes to engage in business
as a water well contractor shall obtain from the water
management district a license to conduct such busi-
ness.
(b) 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 per-
son properly making application therefor'who is an adult
for all legal purposes, has knowledge of rules and regu-
lations adopted under this part, and has had not less


than 2 years' experience in the work for which he is ap-
plying for a license. The department shall prepare an ex-
amination which each such applicant must pass in order
to qualify for such license.
(c) A political subdivision engaged in well drilling
shall be licensed under this part but shall be exempt
from paying the license fees for the drilling done by reg-
ular employees of, and with equipment owned by, it.
(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 en-
suing 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 re-
ceived or the applicant is notified by the department
that it has refused to renew his license. After July 31 of
each year, a license will be renewed only upon applica-
tion and payment of the applicable fee plus a penalty of
$50.
(e) Whenever the department or water management
district determines that the holder of any license issued
pursuant to this section has violated any provision of this
part or any rule or regulation adopted pursuant thereto,
the department or water management district is author-
ized to suspend or revoke any such license. Any order
issued pursuant to this subsection shall become effec-
tive 30 days after service thereof unless a written peti-
tion requesting hearing under the procedure provided in
chapter 120 is filed sooner.
(f) No application for a license issued pursuant to
this section may be made within 1 year after revocation
thereof.
(g) No later than October 1, 1984, the department
shall delegate to the water management districts the
powers and duties relating to processing and issuing
water well contractor licenses. A license issued by any
water management district shall be valid anywhere in
the state.
(2) DRILLER AND DRILLING EQUIPMENT REGIS-
TRATION.-
(a) Every person who operates drilling equipment for
the purpose of constructing wells shall register with
each water management district in which construction
activity takes place. The governing board shall, as mini-
mum conditions of such registration, require:
1. A written recommendation from a licensed water
well contractor verifying the status of the driller as an
employee of the contractor.
2. Demonstration of sufficient experience and prac-
tical knowledge needed to operate drilling equipment of
the type to be used in actual well construction.
3. A written examination considered appropriate by
the board and designed to verify the driller's knowledge
of commonly accepted drilling practices and applicable
rules of the district and the department.
(b) It is the responsibility of each licensed water well
contractor to annually notify the governing board of the
district in which he resides or in which his principal place
of business is located of all registered drillers in his em-
ploy. In addition, each licensed contractor shall notify
the board in a timely manner if a registered driller ceases
to be an employee.


' R 1987


UWATCIR CONl It e


l*. 47


P












C... V3 T..R S.1


(c) Each licensed water well contractor shall register
with the governing board each piece of drilling equip-
ment he owns, leases, or operates. Upon registration of
the equipment, the water well contractor's license num-
ber shall be prominently displayed thereon.
Hll .--rs 7. pirt. n 72-2m.s 114. ch. 77-104. 14 ch. 78-95; s 77, ch.
83-310 s ch 84-94
'Nte.-Repealed effective October I. 1. by ch. 84-94. and scheduled for
review pursuant to a. 1161 in advance of that date.

1373.326 Exenmpions.-
(1) When the department finds that compliance with
all requirements of this part would result in undue hard-
ship, an exemption from any one or more such require-
ments may be granted by the department to the extent
necessary to ameliorate such undue hardship and to the
extent such exemption can be granted without impair-
ing the intent and purpose of this part
(2) Nothing in this part shall prevent a person who
has not obtained a license pursuant to s. 373 323 from
constructing a well that is 2 inches or under in diameter,
on his own or leased property, intended for use only in
a single family house which is his residence, or intended
for use only for farming purposes on his farm, and when
the waters to be produced are not intended for use by
the public or any residence other than his own. Such
persons shall comply with all rules and regulations as to
construction of wells adopted under this part.
herly.-- 8. part I. ch 72-299, I. ch. 84-94
IMe.--R-pd a effective October I. 198. by s 1.ch 84-94. and scheduled lor
review pursuant to a 1161 in advance ol that dale

'373.329 Fees-The following fees are required:
(1) A fee of $100 shallaccompany each new applica-
tion for a license required under s 373.323.
(2) A fee of $25 shall accompany each application
for a renewal of license under s. 373.323.
iMetmy.-- 9, part I, ch 72-2, 16, ch. 73-190; s. 1. ch. 84-94.
'No.-R-epeald effective October 1. 1988 by a. ch. 4-94. and scheduled for
review pursuant to a. 11.61 in advance of tha date.

'373.333 Enforcement.--
(1) Whenever the water management district has
reasonable grounds for believing that there has been a
violation of this part or any rule or regulation adopted
pursuant hereto, it shall give written notice to the person
alleged to be in violation. Such notice shall identify the
provision of this part or regulation issued hereunder al-
leged to be violated and the facts alleged to constitute
such violation.
(2) Such notice shall be served in the manner re-
quired by law for the service of process upon a person
in a civil action or by registered United States mail to the
last known address of the person. Notice alleging a vio-
lation of a rule setting minimum standards for the loca-
tion, construction, repair, or abandonment of wells shall
be accompanied by an order of the water management
district requiring remedial action which, if taken within
the time specified in such order, will effect compliance
with the requirements of this part and regulations issued
hereunder. Such order shall become final unless a re-
quest for hearing as provided in chapter 120 is made
within 30 days from the date of service of such order.
Hitory.-. 10, part m, ch. 72-299; s. 78, ch. 83-310. a 1, ch. 84-94; s. 3. ch.
84-338 s 2, ch. 84-31.
'Note.-Repealed effective October 1t 1988, by s. I.ch 84-94, and scheduled for
review pursuant to a. 11.61 in advance of that date.


'373336 Peain-s.-Any person who violates any
provision of this part or regulation or order issued here-
under shall, upon conviction, be guilty of a misdemeanor
of the second degree, punishable as provided in ss.
775.082 and 775.083. Continuing violation after notice
thereof shall constitute a separate violation for each day
so continued.
Hil .-a 11. partl ch 72-29. 17. ch 73-190: s 1, ch. 84-94.
'Hato-Repeaed eecte Oclober 1988 by 1. 9ch. 84-94. and scheduled for
review pursuant to a 11.61 in advance of that date.

1373.339 Exitng egululons preserved.-The en-
actment of this chapter shall not apply in any area where
water wells are regulated by a water regulatory district
pursuant to the authority of chapter 373 unless and until
the department shall modify or revoke such regulations
and provide that such area will thereafter be governed
by the provisions of this part.
iellaP.-s 12. put ch 72-290; 9a ch 84-94
1'o.-Repeled elective ctobe 1. 1988. bys I ch. 84-94. and scheduled for
review pursuant to a 111 advance of thael dale

'373.42 Pmerits.-
(1) The governing board of any water regulatory dis-
trict which, pursuant to the authority of s. 373.339 or pur-
suant to authority delegated to it by the department un-
der s. 373.308 or s. 373.309(2), regulates water wells
may in its discretion authorize its executive director to
issue permits for the construction, repair, or modification
of any water well.
(2) In granting authority to its executive director un-
der subsection (1), the governing board shall prescribe
those certain circumstances in which such a permit may
be issued.
HimYr.-- 3. ch 7-160: a 1. ch 84-94.
'Note.-Rspealed effecve October 1. 1988, by s. 1. ch 84-94, and scheduled for
levew pursuant to s 1161 n advance of that date.

PART IV

MANAGEMENT AND STORAGE
OF SURFACE WATERS

373.403 Definitions.
373.406 Exemptions.
373 409 Headgates, valves, and measuring devices.
373.413 Permits for construction or alteration.
373.414 Wetlands.
373.416 Permits for maintenance or operation.
373.417 Citation of rule.
373.419 Completion report.
373.423 Inspection.
373.426 Abandonment.
373.429 Revocation and modification of permits.
373.433 Abatement.
373.436 Remedial measures.
373.439 Emergency measures
373.443 Immunity from liability
373.451 Short title; legislative findings and intent.
373.453 Surface water improvement and manage-
ment plans and programs.
373.455 Review of surface water improvement and
management plans.
373.457 Implementation of surface water improve-
ment and management plans and pro-
grams.


i' i~ Y~'L^I]YII 9 a. I


~~LUY;I I


F.S. 1987


Ch. 373


WATER RESOURCES












F.S. 1987

373.459

373.4595


WATER RESOURCES


Surface Water Improvement and Manage-
ment Trust Fund.
Lake Okeechobee improvement and man-
agement.


373.403 Definitions.-When appearing in this part
or in any rule, regulation, or order adopted pursuant
thereto, the following terms mean:
(1) "Dam" means any artificial or natural barrier, with
appurtenant works, raised to obstruct or impound, or
which does obstruct or impound, any of the surface wa-
ters of the state.
(2) "Appurtenant works" means any artificial im-
provements to a dam which might affect the safety of
such dam or, when employed, might affect the holding
capacity of such dam or of the reservoir or impoundment
created by such dam.
(3) "Impoundment" means any lake, reservoir, pond,
or other containment of surface water occupying a bed
or depression in the earth's surface and having a dis-
cernible shoreline.
(4) "Reservoir" means any artificial or natural holding
area which contains or will contain the water impounded
by a dam.
(5) "Works" means all artificial structures, including,
but not limited to, ditches, canals, conduits, channels,
culverts, pipes, and other construction that connects to,
draws water from, drains water into, or is placed in or
across the waters in the state.
(6) "Closed system" means any reservoir or works lo-
cated entirely within agricultural lands owned or con-
trolled by the user and which requires water only for the
filling, replenishing, and maintaining the water level
thereof.
(7) "Alter" means to extend a dam or works beyond
maintenance in its original condition, including changes
which may increase or diminish the flow or storage of
surface water which may affect the safety of such dam
or works.
(8) "Maintenance" or "repairs" means remedial work
of a nature as may affect the safety of any dam, im-
poundment, reservoir, or appurtenant work or works, but
excludes routine custodial maintenance.
NHesoy.-s. 1 part I. ch. 72-299 s. 18, ch. 73-190: s. 4. ch 80-259: s. 1 ch.
82-101.
373.406 Exemptions.-The following exemptions
shall apply:
(1) Nothing herein, or in any rule, regulation, or order
adopted pursuant hereto, shall be construed to affect
the right of any natural person to capture, discharge,
and use water for purposes permitted by law.
(2) Nothing herein, or in any rule, regulation, or order
adopted pursuant hereto, shall be construed to affect
the right of any person engaged in the occupation of ag-
riculture, silviculture, floriculture, or horticulture to alter
the topography of any tract of land for purposes consist-
ent with the practice of such occupation. However, such
alteration may not be for the sole or predominant pur-
pose of impounding or obstructing surface waters.
(3) Nothing herein, or in any rule, regulation, or order
adopted pursuant hereto, shall be construed to be appli-
cable to construction, operation, or maintenance of any
agricultural closed system. However, part II of this chap-


ter shall be applicable as to the taking and discharging
of water for filling, replenishing, and maintaining the wa-
ter level in any such agricultural closed system. This
subsection shall not be construed to eliminate the ne-
cessity to meet generally accepted engineering prac-
tices for construction, operation, and maintenance of
dams, dikes, or levees.
(4) All rights and restrictions set forth in this section
shall be enforced by the governing board or the Depart-
ment of Environmental Regulation or its successor agen-
cy, and nothing contained herein shall be construed to
establish a basis for a cause of action for private liti-
gants.
HM oiy.-s 2, part IV ch. 72-299; s. 47, ch. 79-66; s. 5. ch 80-259; s. 2, ch.
82-101.

373.409 Headgates, valves, and measuring de-
vices.-
(1) The department or the governing board may, by
regulation, require the owner of any dam, impoundment,
reservoir, appurtenant work, or works subject to the pro-
visions of this part to install and maintain a substantial
and serviceable headgate or valve at the point designat-
ed by the department or the governing board to mea-
sure the water discharged or diverted.
(2) If any owner shall not have constructed or in-
stalled such headgate or valve or such measuring de-
vice within 60 days after the governing board or depart-
ment has ordered its construction, the governing board
or department shall have such headgate, valve, or meas-
uring device constructed or installed, and the costs of
installing the headgate, valve, or measuring device shall
be a lien against the owner's land upon which such in-
stallation takes place until the governing board or de-
partment is reimbursed in full.
(3) No person shall alter or tamper with a measuring
device so as to cause it to register other than the actual
amount of water diverted, discharged, or taken. Viola-
tion of this subsection shall be a misdemeanor in the
second degree, punishable under s. 775.082(4)(b).
i-oy.-s 3. part IV. ch. 72-29; s. 28. ch. 87-225
373.413 Permits for construction or alteration.-
(1) Except for the exemptions set forth herein, the
governing board or the department may require such
permits and impose such reasonable conditions as are
necessary to assure that the construction or alteration
of any dam, impoundment, reservoir, appurtenant work,
or works will not be harmful to the water resources of the
district. The department or the governing board may de-
lineate areas within the district wherein permits may be
required.
(2) A person proposing to construct or alter a dam,
impoundment, reservoir, appurtenant work, or works
subject to such permit shall apply to the governing
board or department for a permit authorizing such con-
struction or alteration. The application shall contain the
following:
(a) Name and address of the applicant.
(b) Name and address of the owner or owners of the
land upon which the works are to be constructed and
a legal description of such land.


Ch. 373


z











f~h 47A WWAThfUM 0Wl~dtflVQC a0 -1 37


(c) Location of the work.
(d) Sketches of construction pending tentative ap
proval.
(e) Name and address of the person who prepare(
the plans and specifications of construction.
(f) Name and address of the person who will con
struct the proposed work.
(g) General purpose of the proposed work.
(h) Such other information as the governing board o
department may require.
(3) After receipt of an application for a permit, th4
governing board or department shall cause a notice
thereof to be published in a newspaper having genera
circulation within the affected area. In addition, the gov
earning board or department shall send a copy of sucl
notice to any person who has filed a written request fo
notification of any pending applications affecting th<
particular designated area This notice shall be sent bj
regular mail prior to the date of publication. The notice
shall contain:
(a) The name and address of the applicant or, in thN
case of a corporation, the address of its principal busi
ness 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 limit
S tion thereon; and
(g) Such other information as the governing board o
the department may deem necessary.
(4) The notice provided for in subsection (3) shal
state that written objections to the proposed permit ma'
be filed with the governing board or department by
specified date. The governing board or department, a
its discretion, may request further information from ei
their applicant or objectors, and a reasonable time sha
be allowed for such responses.
(5) If no substantial objection to the application is re
ceived, the governing board or the department, afte
proper investigation by its staff, may at its discretion ap
prove the application without a hearing. Otherwise, i
shall set a time for a hearing in accordance with the pro
visions of chapter 120.
Hstoy.-s. 4, pat IV. ch. 72-299; s. 19. ch 73-190; s.. 14 ch. 78-95.

373.414 Wetlands.-
(1) By March 31, 1987, for those water management
districts to which the department has delegated the re
sponsibility for administration of its stormwater rule
each district shall adopt a rule which establishes special
ic permitting criteria for certain small isolated wetland;
which are not within the jurisdiction of the department
for purposes of regulation of dredging and filling. Thi
rule shall include:
(a) One or more size thresholds of isolated wetland:
below which impacts on fish and wildlife and their hab
tats will not be considered. These thresholds shall b
S based on biological and hydrological evidence tha
shows the fish and wildlife values of such areas to b
minimal;


(b) Criteria for review of fish and wildlife and their
- habitats for isolated wetlands larger than the minimum
size;
S (c) Criteria for the protection of threatened and en-
dangered species in isolated wetlands regardless of
. size and land use; and
(d) Provisions for consideration of the cumulative
and offsite impacts of a project or projects.
r (2) This section does not affect the authority of the
water management districts to regulate impacts on wa-
e ter quality and water quantity.
S Hi-s.-ss. 4.5. ch. 6-186.
d 373.416 Permits for mantnanc or operation.-
(1) Except for the exemptions set forth in this part,
h the governing board or department may require such
r permits and impose such reasonable conditions as are
e necessary to assure that the operation or maintenance
f of any dam, impoundment, reservoir, appurtenant work,
e or works will not be inconsistent with the overall objec-
tives of the district and will not be harmful to the water
i resources of the district.
(2) Except as otherwise provided in ss. 373.426 and
373.429, a permit issued by the governing board or de-
partment for the maintenance or operation of a dam, im-
poundment, reservoir, appurtenant work, or works shall
be permanent, and the sale or conveyance of such dam,
impoundment, reservoir, appurtenant work, or works, or
- the land on which the same is located, shall in no way
affect the validity of the permit, provided the owner in
r whose name the permit was granted notifies the govern-
ing board or department of such change of ownership
i within 30 days of such transfer.
HIaM y.-s 5. part IV. ch. 72-299; s. 20. ch 73-190
a 373.417 Citation of rule.-In addition to any other
t provisions within this part or any rules promulgated
- hereunder, the permitting agency shall, when request-
II ing information for a permit application pursuant to this
part or such rules promulgated hereunder, cite a specif-
-ic rule. If a request for information cannot be accompa-
r nied by a rule citation, failure to provide such information
-cannot be grounds to deny a permit.
t uW y.-s 6. ch 79-161.
373.419 Completion report-Within 30 days after
the completion of construction or alteration of any dam,
impoundment, reservoir, appurtenant work, or works,
the permitted shall file a written statement of completion
t with the governing board or department. The governing
. board or department shall designate the form of such
Statement and such information as it shall require.
l HMEy.-s. 6. pat IV, ch. 72-299
s 373.423 Inspection.-
it (1) During the construction or alteration of any dam,
e impoundment, reservoir, appurtenant work, or works,
the governing board or department shall make at its ex-
s pense such periodic inspections as it deems necessary
i- to ensure conformity with the approved plans and speci-
e fications included in the permit.
It (2) If during construction or alteration the governing
e board or department finds that the work is not being
done in accordance with the approved plans and speci-
542


--~i r


th 17'1


WATArc BceatruIQ^


We iaeT












P.S. 967 ATERRESORCESCh. 373


fications as indicated in the permit, it shall give the per-
mittee written notice stating with which particulars of
the approved plans and specifications the construction
is not in compliance and shall order immediate compli-
ance with such plans and specifications The failure to
Sact 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 ac-
cordance with s. 373.429.
(3) Upon completion of the work, the executive di-
rector of the district or the Department of Environmental
Regulation or its successor agency shall have periodic
inspections made of permitted dams, reservoirs, im-
poundments, 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.
MNoaty.-s. 7. part IV ch. 72-299; s 21. ch. 73-190. s. 48. ch. 79-66: s. 13, ch.
84-341.
373.426 Abandonment--
(1) Any owner of any dam, impoundment, reservoir,
appurtenant work, or works wishing to abandon or re-
move 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.
(2) Where any permitted dam, impoundment, reser-
voir, appurtenant work, or works is not owned nor direct-
ly controlled by the state or any of its agencies and is
not used nor maintained under the authority of the own-
er for a period of 3 years, it shall be presumed that the
owner has abandoned such dam, impoundment, reser-
voir, appurtenant work, or works, and has dedicated the
same to the district for the use of the people of the dis-
trict.
(3) The title of the district to any such dam, im-
poundment, reservoir, appurtenant work, or works may
be established and determined in the court appointed
by statute to determine the title to real estate.
Hisftr.-s 6. part IV. ch. 72-299 s. 22, ch 73-190
373.429 Revocatio and modification of permit.-
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 objec-
tives 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 di-
rector of the district or the division determines that the
danger to the public is imminent, he may order a tempo-
rary suspension of the construction, alteration, or opera-
tion of the works until the hearing is concluded, or may
take such action as authorized under s. 373.439.
HI ty.-s. 9, part IV, ch 72-299; s 14. ch 78-95
373.433 Abatement-Any dam, impoundment, res-
ervoir, appurtenant work, or works which violates the
laws of this state or which violates the standards of the


governing board or the department shall be declared a
public nuisance. The operation of such dam, impound-
ment, reservoir, appurtenant work, or works may be en-
joined 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.
Hutoey.-s. 10, part IV. ch. 72-299.
373.436 Remedial measures.-
(1) Upon completion of any inspection provided for
by s. 373.423(3), the executive director shall determine
what 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 work,
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 alter-
ations 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 department of alter-
ations or repairs made by it under the provisions of sub-
section (1) shall be a lien against the property of the
landowner on whose lands the alterations or repairs are
made until the governing board or department is reim-
bursed, with reasonable interest and attorney's fees, for
its costs.
History .-s 11. part IV ch. 72-299; s. 14, ch. 78-95
373.439 Emegency measures.-
(1) The executive director, with the concurrence of
the governing board, or the Department of Environmen-
tal Regulation shall immediately employ any remedial
means to protect life and property if either:
(a) The condition of any dam, impoundment, reser-
voir, appurtenant work, or works is so dangerous to the
safety of life or property as not to permit time for the is-
suance and enforcement of an order relative to mainte-
nance 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 or the Depart-
ment of Environmental Regulation may in an emergency
do any of the following:
(a) Lower the water level by releasing water from
any impoundment or reservoir.
(b) Completely empty the impoundment or reservoir.
(c) Take such other steps as may be essential to
safeguard life and property.
(3) The executive director or the Department of Envi-
ronmental Regulation shall continue in full charge and
control of such dam, impoundment, reservoir, and its ap-
purtenant works until they are rendered safe or the
emergency occasioning the action has ceased.
Histor.--s 12, part IV. ch 72-299; a 49. ch 79-65
373.443 Immunity from llability.-No action shall be
brought against the state or district, or any agents or


F.S. 1987


WATER RESOURCES


Ch. 373






. ,WGJT pr-rNq11


cltkh 7


WATER RESOURCES


F.S. 1987


employees of the state or district, for the recovery of
damages caused by the partial or total failure of any
dam, impoundment, reservoir, appurtenant work, or
works upon the ground that the state or district is liable
by virtue of any of the following:
(1) Approval of the permit for construction or alter-
ation.
(2) The issuance or enforcement of any order rela-
tive.to maintenance or operation.
(3) Control or regulation of dams, impoundments,
reservoirs, appurtenant work, or works regulated under
this chapter.
(4) Measures taken to protect against failure during
emergency.
I-.-s 13. pt IV. ch. 72-299
373.451 Short tel; legslaive findings and ntent
(1) Sections 373 451-373 4595 may be cited as the
'Surface Water Improvement and Management Act."
(2) Legislative intent -The Legislature finds that
the water quality of many of the surface waters of the
state has been degraded, or is in danger of becoming
degraded, and that the natural systems associated with
many surface waters have been altered so that these'
surface waters no longer perform the important func-
tions that they once performed. These functions include
(a) Providing aesthetic and recreational pleasure for
the people of the state;
(b) Providing habitat for native plants, fish. and wild-
life, including endangered and threatened species.
(c) Providing safe dnnking water to the growing pop-
ulation of the state: and
(d) Attracting visitors and accruing other economic
benefits.
(3) The Legislature finds that the declining quality of
the state's surface waters has been detrimental to the
public's right to enjoy these surface waters and that it
is the duty of the state, through the state's agencies and
subdivisions, to enhance the environmental and scenic
value of surface waters.
(4) The Legislature finds that factors contributing to
the decline in the ecological, aesthetic, recreational, and
economic value of the state's surface waters include:
(a) Point and nonpoint source pollution: and
(b) Destruction of the natural systems which purify
surface waters and provide habitats.
(5) The Legislature finds that surface water prob-
lems can be corrected and prevented through plans and
programs for surface water improvement and manage-
ment that are designed and implemented by the region-
al water management distncts, with the participation
and cooperation of the state's agencies and local gov-
ernments.
(6) It is therefore the intent of the Legislature that
each water management district design and implement
plans and programs for the improvement and manage-
ment of surface waters.
(7) It is also the intent of the Legislature that state-
wide research be conducted to provide a better scientif-
ic understanding of the causes and effects of surface
water pollution and of the destruction of natural systems
in order to improve and manage surface waters and as-


sociated natural systems.
HIMmy.-s. 1. ch. 87-97.
373.453 Surface water improvement and manage-
ment plans and programs.-
(1) Each water management district, in cooperation
with the Department of Environmental Regulation, the
Game and Fresh Water Fish Commission, and the De-
partment of Natural Resources, shall prepare a list, by
March 1, 1988, which shall prioritize water bodies of re-
gional or statewide significance within each water man-
agement district. The list shall be based on criteria
adopted by rule of the Department of Environmental
Regulation and shall assign priorities to the water bodies
based on their need for protection and restoration.
Critena developed by the Department of Environmental
Regulation shall include, but need not be limited to, con-
sideration of violations of water quality standards occur-
ring in the water body, the amounts of nutrients entering
the water body and the water body's trophic state, the
existence of or need for a continuous aquatic weed con-
trol program in the water body. the biological condition
of the lake, reduced fish and wildlife values, and threats
to agricultural and urban water supplies and recreational
opportunities. The sum of $500.000 shall be available
from the Surface Water Improvement and Management
Trust Fund to the Department of Environmental Regula-
tion for fiscal year 1987-1988 to be used cooperatively
by the department and the water management districts
to identify and prioritize water bodies within the district
that are of regional and statewide significance and in
need of restoration. In developing their respective priori-
ty lists, water management districts shall give consider-
ation to the following priority areas:
(a) The South Florida Water Management District
shall give priority to the restoration needs of Lake Okee-
chobee, Biscayne Bay, and the Indian River Lagoon sys-
tem and their tributaries.
(b) The Southwest Florida Water Management Dis-
trict shall give priority to the restoration needs of Tampa
Bay and its tributaries.
(c) The St. Johns River Water Management District
shall give priority to the restoration needs of Lake Apop-
ka, the Lower St. Johns River, and the Indian River La-
goon system and their tributaries.
(2) Once the priority lists are established, the water
management districts, in cooperation with the Depart-
ment of Environmental Regulation, the Game and Fresh
Water Fish Commission, the Department of Natural Re-
sources, and local governments, shall develop surface
water improvement and management plans for the wa-
ter bodies based on the priority lists approved by the
Department of Environmental Regulation. Each plan
shall include a schedule established by the water man-
agement district and agreed to by the Department of En-
vironmental Regulation for restoring water bodies on the
priority list. These plans shall also enumerate preventive
measures which need to be taken, to augment surface
water improvement and management efforts. The De-
partment of Environmental Regulation shall establish a
uniform format for such plans. The plans shall be re-
viewed and, if necessary, revised annually by the water
44


L


M-- 272~---


1


a












F.A. 1987 WATER RESOURCES


management districts. These plans shall include, but not
be limited to:
(a) A description of the water body system, its his-
torical and current uses, its hydrology, and a history of
the conditions which have led to the need for restora-
tion;
(b) An identification of all governmental units that
have jurisdiction over the water body and the land within
a 1-mile perimeter of the water body, including local, re-
Sgional, state, and federal units;
(c) A description of adjacent land uses and those of
important tributaries, point and nonpoint sources of pol-
lution, and permitted discharge activities;
(d) A list of the owners of point and nonpoint sources
of water pollution that are discharged into each water
body and tributary thereto and that adversely affect the
Public interest, including separate lists of those sources
that are:
1. Operating without a permit;
S 2. Operating with a temporary operating permit;
and
3. Presently violating effluent limits or water quality
standards.
SThe plan shall also include a timetable for bringing all
sources into compliance with state standards when not
contrary to the public interest. This paragraph does not
authorize any existing or future violation of any applica-
01 ble statute or regulation and does not diminish the au-
thority of the Department of Environmental Regulation;
(e) A description of strategies and potential strate-
gies for restoring the water body to Class III or better;
(f) A listing of studies that are being or have been
prepared for the surface water body;
(g) A description of the research and feasibility
studies which will be performed to determine the partic-
ular strategy or strategies to restore the water body;
(h) A description of the measures needed to man-
age and maintain the Water body once it has been re-
stored and to prevent future degradation; and
(i) An estimate of the funding needed to carry out
the restoration strategies.
(3) Each water management district shall be respon-
sible for planning, implementing, and coordinating resto-
ration strategies for the priority water bodies within the
district which have been approved by the Department
of Environmental Regulation as water bodies of regional
and statewide significance in need of restoration. The
governing board of the appropriate water management
district shall hold at least one public hearing and public
workshops in the vicinity of the water body under con-
sideration as may be necessary for obtaining public in-
put prior to finalizing the surface water improvement and
management plans for the water bodies on the priority
list. The water management district shall then forward
a copy of the plans to the Department of Environmental
Regulation and to appropriate local governmental units.
By September of 1988 and each September thereafter,
the water management districts, in cooperation with the
SDepartment of Environmental Regulation, shall develop
a funding proposal for the next fiscal year's water resto-
ration activities for priority water bodies which specifies
the activities that need funding and the amounts of fund-


ing and fully describes the specific restoration activities
proposed.
(4) The governing board of each water management
district is encouraged to appoint advisory committees
as necessary to assist in formulating and evaluating
strategies for water body protection and restoration ac-
tivities and to increase public awareness and intergov-
ernmental cooperation. Such committees should in-
clude representatives of the Game and Fresh Water Fish
Commission, the Department of Natural Resources, the
Department of Agriculture and Consumer Services, ap-
propriate local governments, federal agencies, existing
advisory councils for the subject water body, and repre-
sentatives of the public who use the water body.
(5) The water management districts may contract
with appropriate state, local, and regional agencies to
perform various tasks associated with implementation of
the surface water improvement and management plans.
IwMr.-s. 2. ch. 87-97
373.465 Review of surface water improvement and
management plans.-
(1) At least 30 days prior to any public hearing on its
surface water improvement and management plan, a
water management district shall transmit its proposed
plan to the Department of Environmental Regulation, the
Game and Fresh Water Fish Commission, the Depart-
ment of Agriculture and Consumer Services, and the De-
partment of Natural Resources and shall transmit a sum-
mary of the proposed plan to affected counties and mu-
nicipalities. A copy of the proposed plan shall be provid-
ed to any affected county or municipality upon request.
(2) The Department of Environmental Regulation
shall review each proposed surface water improvement
and management plan for the purpose of determining:
(a) Whether the costs described in the plan, as pro-
jected by the water management districts, are reason-
able estimates of the actual costs of the programs in the
plan;
(b) The likelihood of the programs in the plan result-
ing in significant improvements in water quality in the
priority surface waters designated in the plan; and
(c) The combination of programs which can be fund-
ed based on available revenues within the Surface Wa-
ter Improvement and Management Trust Fund.
If the department determines that a plan or program
does not meet these requirements, that the projected
costs are not reasonable estimates of the actual costs
of the programs in the plan, or that a program in the plan
is not likely to result in significant water improvements
in the priority surface water, the department shall recom-
mend modifications of or additions to the plan, or a pro-
gram thereof, to the district at the district's public hear-
ing on the proposed plan.
(3) The Game and Fresh Water Fish Commission
shall review each proposed surface water improvement
and management plan for the purpose of determining
the effects of the plan on wild animal life and freshwater
aquatic life and their habitats. If the commission deter-
mines that the plan, or a program thereof, has adverse
effects on these resources, and that such adverse ef-
fects exceed the beneficial effects on these resources,


Ch. 373


-----------------






~Fn~-,W XY


WATER RESOURCES


the commission shall recommend modifications of or ad
editions to the plan, or a program thereof, to the district
at the district's public hearing on the proposed plan. ThI
commission shall also recommend to the district at the
district's public hearing on the proposed plan any modi
fiction or addition to the plan, or a program thereof
which would result in additional beneficial effects or
wild animal life or freshwater aquatic life or their habitats
(4) The Department of Natural Resources shall re
view each proposed surface water improvement anx
management plan for the purpose of determining the ef
fects of the plan on state-owned lands and on marin<
and estuarine aquatic life and their habitats. If the de
apartment determines that the plan, or a program thereof
has adverse effects on these resources, and that suct
adverse effects exceed the beneficial effects on thesis
resources, the department shall recommend modifica
tions of or additions to the plan, or a program thereof
to the district at the district's public hearing on the pro
posed plan. The department shall also recommend mod
ifications of or additions to the plan, or a program there
of, to the district at the district's public hearing on tht
proposed plan.
(5) The Department of Agriculture and Consume
Services shall review each proposed surface water im
provement and management plan for the purpose of de
termining the effects of the plan on the agricultural re
sources of the area and the state. If the department de
mk termines that the plan, or a program thereof, has ad
verse effects on these resources, and that such adverse
effects exceed the beneficial effects on these re
sources, the department shall recommend modifica
tions of or additions to the plan, or a program thereol
to the district at the district's public hearing on the pro
posed plan. The department shall also recommend mod
ifications of or additions to the plan, or a program there
of, to the district at the district's public hearing on thi
proposed plan.
(6) The water management districts, the Depart
ment of Environmental Regulation, the Department c
Transportation, the Department of Natural Resources
and the Department of Health and Rehabilitative Sei
vices shall review their rules as they pertain to pollution
of surface waters to determine where such rules could
be strengthened to protect surface waters. The ager
cies shall also review their enforcement programs fo
weaknesses in pursuing violations which result in sui
face water pollution. By March 1, 1988, the agencies
shall report to the Governor, the Speaker of the Hous
of Representatives, the President of the Senate, and th
minority leaders of the House of Representatives an
the Senate, their findings and recommendations for rerr
edies.
Wamty.-s 3. ch 87-97
373.457 Implementation of surface water improve
meant and management plans and programs.-
(1) The funds in the Surface Water Improvement an
Management Trust Fund shall be available to the water
management districts for detailed planning for and in
plementation of surface water improvement and mar
agement plans. However, ss. 373.451-373.4595 do nc
prohibit a water management district from requestin


- and receiving funds from the Surface Water Improve-
t ment and Management Trust Fund prior to March 1,
S1988, for surface water improvement and management
i activities.
(2) In developing implementing programs for their
surface water improvement and management plans, the
i water management districts shall consider the following
.program recommendations for the use of funds for fiscal
Year 1987-1988 in the priority areas identified in s.
1 373.453:
- (a) The sum of $4,800,000 shall be available for the
e South Florida Water Management District for Lake
SOkeechobee.
(b) The sum of $2,000,000 shall be available for the
1 South Florida Water Management District for Biscayne
i Bay, of which up to,$500,000 is recommended to clean
up the Miami River. The remainder of the funds available
are recommended for retrofitting the 55 stormwater out-
falls already idenhfied by the Environmental Resources
Management Department of Metro-Dade County as
Posing the greatest threat to the Biscayne Bay area or
e for other projects or activities that will contribute to the
restoration of Biscayne Bay.
r (c) The sum of $1,500,000 shall be available for the
Indian River Lagoon System, of which up to $178,000 is
Recommended for the Marine Resource Council. For the
Funds made available for this area and recommended to
Sbe used, 70 percent shall be available for programs of
the St. Johns River Water Management District and 30
e percent shall be available for programs of the South Flor-
ida Water Management District. The secretary of the De-
apartment of Environmental Regulation shall settle any
dispute between the two districts relating to funding al-
locations.
I- (d) The sum of $2,000,000 shall be available for the
Southwest Florida Water Management District for Tam-
a pa Bay and its estuaries, of which up to $850,000 is rec-
ommended for a water quality assessment and scientific
information compilation.
if (e) The sum of $2,200,000 shall be available for the
i, St. Johns River Water Management District for Lake
Apopka.
S (f) The sum of $2,500,000 shall be available for the
d St. Johns River Water Management District for the Low-
er St. Johns River, of which up to $1,000,000 is recom-
ir mended for stormwater cleanup based on Duval Coun-
r- ty's providing equal matching funds.
s The amounts set forth in this subsection for the priority
e areas that are unencumbered at the end of fiscal year
d 1987-1988 shall remain in the Surface Water Improve-
ment and Management Trust Fund and be available for
the water bodies previously assigned.
(3) Each water management district shall prepare
detailed plans for and shall implement the programs in
r its surface water improvement and management plan
upon the release of funds by the Department of Environ-
d mental Regulation.
=r (4) Each water management district shall update an-
i- nually, as necessary, its approved surface water im-
n- provement and management plan. If a district deter-
it mines that modifications of or additions to its plan are
g necessary, such modifications or additions shall be sub-
546


Ch. 373


F.S. 1987


(I


II


ii.











WATER RESOURCES


ject to the review process established in s. 373.455.
Hitoy.-s 4. ch 87-97
373.459 Surface Water Improvement and Manage-
i ment Trust Fund.-
(1) There is created, within the Department of Envi-
ronmental Regulation, the Surface Water Improvement
and Management Trust Fund to be used as a nonlapsing
fund for the deposit of funds appropriated by the Legis-
lature for the purposes of ss. 373.451-373.4595. The de-
partment shall administer all funds appropriated to or re-
ceived for the Surface Water Improvement and Manage-
ment Trust Fund. The moneys in the Surface Water Im-
provement and Management Trust Fund are continually.
appropriated for the purposes of ss. 373.451-373.4595.
Expenditure of the moneys shall be limited to the costs
of detailed planning for and implementation of programs
prepared for priority surface waters. Moneys from the
fund shall not be expended for planning for, or construc-
tion or expansion of, treatment facilities for domestic or
industrial waste disposal.
(2) The secretary of the Department of Environmen-
tal Regulation shall authorize the release of money from
the Surface Water Improvement and Management Trust
Fund within 30 days after receipt of a resolution adopted
by the governing board of a water management district
certifying that the money is needed for detailed planning
for or implementation of programs approved pursuant to
s. 373.453. Beginning with the state fiscal year 1988-
1989 and annually thereafter, a water management dis-
trict may not receive more than 30 percent of the mon-
eys in the Surface Water Improvement and Management
Trust Fund in any fiscal year unless otherwise provided
by law.
(3) The amount of money that may be released to a
water management district from the Surface Water Im-
provement and Management Trust Fund for approved
programs, or continuations of approved programs, to im-
prove and manage the surface waters described in ss.
373.451-373.4595 is limited to not more than 80 percent
of the amount of money necessary for the approved pro-
grams. The district shall provide at least 20 percent of
the amount of money necessary for the programs.
(4) Moneys in the trust fund which are not needed
to meet current obligations incurred under this section
shall be transferred to the State Board of Administration,
to the credit of the trust fund, to be invested in the man-
ner provided by law. Interest received on such invest-
ments shall be credited to the trust fund.
Hitory.-s 5, ch 87-97
373.4595 Lake Okeechobee improvement and
management.-
(1) LAKE OKEECHOBEE PROGRAM--The South
Florida Water Management District shall immediately
design and implement a program to protect the water
quality of Lake Okeechobee. Such program shall be
based upon the recommendations of the Lake Okeecho-
bee Technical Advisory Committee report entitled "Final
Report: Lake Okeechobee Technical Committee" and
dated August 1986, including the recommendations re-
lating to the diversion of Taylor Creek-Nubbins Slough,
but such program may include other projects. In addi-
tion, the program design shall be completed by Decem-


ber 1, 1988, and shall be designed to result, by July 1.
1992, in reductions of phosphorous loadings to the lake
by the amount specified as excess in the South Florida
Water Management District's Technical Publication
81-2.
(2) DIVERSIONS: LAKE OKEECHOBEE TECHNICAL
ADVISORY COUNCIL.-
(a) The Legislature finds that efforts to reduce nutri-
ent levels in Lake Okeechobee have resulted in diver-
sions of nutrient-laden waters to other environmentally
sensitive areas, which diversions have resulted in ad-
verse environmental effects. The Legislature also finds
that both the agriculture industry and the environmental
community are committed to protecting Lake Okeecho-
bee and these environmentally sensitive areas from fur-
ther harm and that this crisis must be addressed imme-
diately. Therefore:
1. The South Florida Water Management District
shall not divert waters to the Indian River estuary, the
Caloosahatchee River or its estuary, or the Everglades
National Park, in such a way that the state water quality
standards are violated, that the nutrients in such divert-
ed waters adversely affect indigenous vegetation com-
munities or wildlife, or that fresh waters diverted to the
Caloosahatchee or Indian River estuaries adversely af-
fect the estuarine vegetation or wildlife, unless the re-
ceiving waters will biologically benefit by the diversion.
However, diversion is permitted when an emergency is
declared by the water management district, if the secre-
tary of the Department of Environmental Regulation con-
curs.
2. The South Florida Water Management district
may divert waters to other areas, including Lake Hicpo-
chee, unless otherwise provided by law. However, the
district shall monitor the effects of such diversions to de-
termine the extent of adverse or positive environmental
effects on indigenous vegetation and wildlife. The re-
suits of the monitoring shall be reported to the Lake
Okeechobee Technical Advisory Council. If the monitor-
ing of such diversions reveals continuing adverse envi-
ronmental effects, the district shall make recommenda-
tions to the Legislature by July 1, 1988, on how to cease
the diversions.
(b)1. There is hereby created a Lake Okeechobee
Technical Advisory Council. Council members shall be
experts in the fields of botany, wildlife biology, aquatic
biology, water quality chemistry, or hydrology and shall
consist of:
a. Three members appointed by the Governor:
b. Three members appointed by the Speaker of the
House of Representatives;
c. Three members appointed by the President of
the Senate;
d. One member from the Institute of Food and Agri-
cultural Sciences, University of Florida, appointed by the
President of the University of Florida; and
e. One member from the College of Natural Sci-
ences, University of South Florida, appointed by the
President of the University of South Florida.
Members shall be appointed not later than July 15, 1987.
2. The purpose of the council shall be to investigate
the adverse effects of past diversions of water and po-


7-


F.S. 1987


rh 9.79


F.S. 187 ATR RESURCESCh 37












WATER RESOURCES


tential effects of future diversions on indigenous wildlife
and vegetation and to report to the Legislature, no later
than March 1, 1988, with findings and recommendations
proposing permanent solutions to eliminate such ad-
verse effects.
3. The South Florida Water Management District
shall provide staff and assistance to the council. The De-
partment of Environmental Regulation, the Game and
Fresh Water Fish Commission, and the district shah co-
operate with the council.
4. The council shall meet not less than once every
2 months at the call of the chairman, or at the call of fou
other members of the council. The council shall elect
from its members a chairman and vice chairman and
such other officers as the council deems necessary. The
council may establish other procedures for the conduct
of its business.
5. The members of the council are not entitled to
compensation but are eligible for per diem and travel ex-
penses pursuant to s. 112.061.
Iut .--s. 6, ch. 87-97.
PART V
FINANCE AND TAXATION
373.495 Water resources development account.
373.498 Disbursements from water resources devel.
opment account.
373.501 Appropriation of funds to water management
districts.
373.503 Manner of taxation.
373.506 Costs of district.
373.507 Districts, basins, and taxing authorities; budg
et and expense reports; audits.
373.516 Benefits to rights-of-way.
373.536 District budget and hearing thereon.
373.539 Imposition of taxes.
373.543 Land held by Board of Trustees of the Interna
Improvement Trust Fund; areas not taxed
373.546 Unit areas.
373.553 Treasurer of the board; depositories.
373.556 Investment of funds.
373.559 May borrow money temporarily.
373.563 Bonds.
373.566 Refunding bonds.
373.569 Bond election.
373.573 Bonds to be validated.
373.576 Sale of bonds.
373.579 Proceeds from taxes for bond purposes.
373.583 Registration of bonds.
373.584 Revenue bonds.
373.586 Unpaid warrants to draw interest.
373.589 Audit by Auditor General.
373.59 Water Management Lands Trust Fund.
373.49S Water resources development account-
There is hereby created in the General Revenue Fun(
an account to be known as the "Water Resources Devel
opment Account." Subject to such appropriation as th<
Legislature may make from time to time, the purpose o
said account shall be to provide assistance to the wate
management districts created under this act for the pro
tection, conservation, or development of the water re


sources of the state.
HIN y.-s 10. part I, ch. 72-299; as 4. 25, ch 73-190.
No.--Former s. 373 059.
373.498 Disbursements water resources de.
veopment account.-Subject to the provisions of this
chapter, there shall be available to any flood control or
water management district created under this chapter
or by special acts of Legislature, out of said Water Re.
sources Development Account upon the approval of the
Department of Environmental Regulation, a sum or sums
of money not exceeding in the aggregate the total esti
mated amount required to cover the costs allocated to
the district for constructing the works of said district, for
the acquisition of lands for water storage areas, for high-
way bridge construction, and for administration and pro-
motion. These works may include small watershed proj-
ects (Pub. L. No. 83-566). Said sum or sums shall be
available as money is required for said purposes and
may be a grant to said districts. Also, subject to the pro-
visions of this chapter, there shall be available to any
navigation district or agency created under chapter 374
or by special act of the Legislature, out of said Water Re-
sources Development Account upon approval of the de-
partment, a sum or sums of money not exceeding in the
aggregate the total estimated amount required to cover
the costs allocated to the district for constructing the
works, for highway bridge construction, for the acquisi-
tion of land for rights-of-way, for water storage areas,
and for administration and promotion. Said sum or sums
shall be available as money is required for said purposes
and may be a grant to said districts or agencies.
Hlisty.-s. 4. ch 25209, 1949; s. 2. ch. 6-287; 1. ch. 67-199; as. 25,35. ch.
S 69-106; 2. ch 70-143: s. 25. ch 73-190;s. 50.Ch. 79-6.
Noe.-Fomer s. 378 04.
373.501 Appropriation of funded to water manage-
ment districts.-The department may allocate to the
water management districts, from funds appropriated to
Sthe department, such sums as may be deemed neces-
sary to defray the costs of the administrative, regulatory,
and other activities of the districts. The governing
boards shall submit annual budget requests for such
purposes to the department, and the department shall
consider such budgets in preparing its budget request
for the Legislature.
HlN y.-s. 11. part I. ch. 72-299; as. 5, 25. ch. 73-190.
Nos.-Fomer s. 373.066.
373.503 Manner of taxation.-
(1) It is the finding of the Legislature that the general
regulatory and administrative functions of the districts
herein authorized are of general benefit to the people of
the state and should fully or in part be financed by gen-
eral appropriations. Further, it is the finding of the Legis-
lature that water resources programs of particular bene-
fit to limited segments of the population should be fi-
-nanced by those most directly benefited. To those ends,
This chapter provides for the establishment of permit ap-
- plication fees and a method of ad valorem taxation to fi-
e nance the activities of the district.
f (2)(a) The Legislature declares that the millage
r authorized for water management purposes by s. 9(b),
- Art. VII of the State Constitution shall be levied only by
-the water management districts set forth in this chapter
548


I1.l1^


Ch. 373


P.A. IQo,


I JA


F lr


4?


L














WATER RESOURCES


and intends by this section to prevent any laws which
would allow other units of government to levy any por-
tion of said millage. However, this does not preclude
such units of government from financing and engaging
in water management programs if otherwise authorized
\ by law.
(b) Pursuant to s. 11(a)(21), Art. HIl of the State Con-
Sstitution, the Legislature hereby prohibits special laws
Sor general laws of local application pertaining to the allo-
Scation of any portion of the millage authorized for water
r management purposes by s. 9(b), Art. VII of the State
SConstitution to any unit of government other than those
districts established by this chapter.
S(c) The authority of the Central and Southern Florida
Flood Control District and the Southwest Florida Water
Management District to levy ad valorem taxes within the
territories specified in chapter 25270, Laws of Florida,
1949, and chapter 61-691, Laws of Florida, respectively,
as heretofore amended, shall continue until those dis-
Stricts have authority to levy ad valorem taxes pursuant
to this section.
1(3)(a) The districts may levy ad valorem taxes on
property within the district solely for the purposes of this
chapter and of chapter 25270; Laws of Florida, 1949, as
amended, and chapter 61-691, Laws of Florida, as
amended. The authority to levy ad valorem taxes as pro-
vided in this act shall commence with the year 1977.
However, the taxes levied for 1977 by the governing
boards pursuant to this section shall be prorated to en-
sure that no such taxes will be levied for the first 4 days
of the tax year, which days will fall prior to the effective
date of the amendment to s. 9(b), Art. VII of the Constitu-
tion of the State of Florida, which was approved March
9, 1976. When appropriate, taxes levied by each govern-
ing board may be separated by the governing board into
a millage necessary for the purposes of the district and
a millage necessary for financing basin functions speci-
fied in s. 373.0695. Beginning with the taxing year 1977,
and notwithstanding the provisions of any other general
or special law to the contrary, the maximum total millage
rate for district and basin purposes shall be:
1. Northwest Florida Water Management District:
0.05 mill.
2. Suwannee River Water Management District:
0.75 mill.
3. St. Johns River Water Management District: 0.6
mill.
4. Southwest Florida Water Management District:
1.0 mill.
5. South Florida Water Management District: 0.80
mill.
(b) The maximum millage assessed for district pur-
poses shall not exceed 25 percent of the total author-
ized millage when there are one or more basins in a dis-
trict, and the maximum millage assessed for basin pur-
poses shall not exceed 75 percent of the total author-
ized millage, except that:
1. The apportionment in the South Florida Water
Management District shall be a maximum of 40 percent
for district purposes and a maximum of 60 percent for
basin purposes, respectively.
2. Within the Southwest Florida Water Manage-
ment District, the maximum millage assessed for district


purposes shall not exceed 40 percent of the total author-
ized millage when there are one or more basins in the
district, and the maximum millage assessed for basin
purposes shall not exceed 60 percent of the total author-
ized millage.
(4) It is hereby determined that the taxes authorized
by this chapter are in proportion to the benefits to be de-
rived by the several parcels of real estate within the dis-
tricts to which territories are annexed and transferred.
It is further determined that the cost of conducting elec-
tions within the respective districts or within the trans-
ferred or annexed territories, including costs incidental
thereto in preparing for such election and in informing
the electors of the issues therein, is a proper expendi-
ture of the department, of the respective districts, and
of the district to which such territory is or has been an-
nexed or transferred.
(5) Each water management district created under
this chapter which does not receive state shared reve-
nues under part II of chapter 218 shall, before January
1 of each year, certify compliance or noncompliance
with s. 200.065 to the Department of Banking and Fi-
nance. Specific grounds for noncompliance shall be
stated in the certification. In its annual report required
by s. 218.32(2), the Department of Banking and Finance
shall report to the Governor and the Legislature those
water management districts certifying noncompliance
or not reporting.
m-l .-s 1. part V, ch. 72-299; s. 24. ch. 73-190; s 12. ch 76-243; s. 6. ch.
80-259: s 41. ch 80-274; s. 2.ch. 85-146; ss. 1. 2. ch. 85-211, s 10. ch. 87-97.
'1el.--Section 2. ch 85-211. provides that It]e provisions of this act relating
to the 225 mllage assessment and the distribution of that millage assessment be-
tween the district and the basins for the St. Johns River Water Maagement District
areepealed on October 1. 1990. and shall be reviewed by the Legislature pursuant
to t I 61, Florida Statutes. Adtionaly. theprovisions relating to such 225millsage
assessment and distribution shall apply to the tax rolls for 985 and each subse-
quent year'
NW.-Chapter 76-243. which enacted paragraph (2Xb), was passed by the req-
uisite three-fifths vote in each house. See s. 1(aX21). Art I1, State Constitution.

373.506 Costs of district-If it should appear nec-
essary to procure funds with which to pay the expenses
of a district, or to meet emergencies, before a sufficient
sum can be obtained from the collection of the tax, the
board may borrow a sufficient amount of money to pay
expenses and to meet emergencies and may issue inter-
est-bearing negotiable notes therefore and pledge the
proceeds of the tax imposed under the provisions of this
chapter for the repayment thereof. Said board may issue
to any person performing work or services or furnishing
anything of value interest-bearing negotiable evidence
of debt.
MHisy.-s 19. ch 2S209. 1949 s 25. ch. 73-190: s 15 ch 76-243
Note.-Former s 378 19

373.507 Districts, basins, and taxing authorities;
budget and expense reports; audits.-Each district
and basin referred to in chapter 373 shall furnish a de-
tailed copy of its budget and past year's expenditures
to the Governor, the Legislature, and the governing
body of each county in which the district or basin has
jurisdiction or derives any funds for the operations of the
district or basin. Each district, basin, and taxing authori-
ty shall make provision for an annual postaudit of its fi-
nancial accounts. These postaudits shall be made in ac-
cordance with the rules of the Auditor General promul-


F.S. 1987


Ch. 373











Ch. 373 WATER RESOURCES F.S. 1987


gated pursuant to ss. 166.241 and 11.47.
H9io y.-s. 16, ch. 76-243. s. 1, ch. 77-367. s 12, ch. 82-101.

373.516 Benefitto rlght-of-way.-The govern-
ing board of the district shall assess benefits to rights-
of-way of railroads and other public service corpora-
tions in like manner as for other property, and the imposi-
tion and collection of said tax shall be in like manner as
is provided with respect to other property, except that
the basis of value of railroad rights-of-way for assess-
ment purposes is hereby fixed at $4,000 per mile without
reference to number of tracks, or other facilities thereon,
and the governing board of the district shall furnish the
property appraiser of the county in which such rights-
of-way is located a description thereof, the number of
miles in length and the tax rate on value-benefit basis
to be applied in assessing district taxes against said
rights-of-way.
HNit -y.-s. 22. ch. 25209, 1949; s. 25, ch. 73-190; s. 1, ch. 77-102.
No-.-Fomnr a. 378.22.

373.536 Dstrict budget and hearing thereon.-
1(1) The fiscal year of districts created under the pro-
visions of this chapter shall extend from October 1 of
one year through September 30 of the following year.
The budget officer of the district shall, on or before July
15 of each year, submit for consideration by the govern-
ing board of the district a tentative budget for the district
covering its proposed operation and requirements for
the ensuing fiscal year. The tentative budget shall be
adopted in accordance with the provisions of s. 200.065;
however, if the mailing of the notice of proposed proper-
ty taxes is delayed beyond September 3 in any county
in which the district lies, the district shall advertise its in-
tention to adopt a tentative budget and millage rate, pur-
suant to s. 200.065(3)(g), in a newspaper of general paid
circulation in that county. The budget shall set forth,
classified by object and purpose, and by fund if so des-
ignated, the proposed expenditures of the district for
bonds or other debt, for construction, for acquisition of
land, for operation and maintenance of the district
works, for the conduct of the affairs of the district gener-
ally, and for other purposes, to which may be added an
amount to be held as a reserve.
(2) The budget shall also show the estimated
amount which will appear at the beginning of the fiscal
year as obligated upon commitments made but uncom-
pleted. There shall be shown the estimated unobligated
or net balance which will be on hand at the beginning
of the fiscal year, and the estimated amount to be raised
by district taxes and from other sources for meeting the
requirements of the district.
(3) As provided in s. 200.065(2)(d), the board shall
publish one or more notices of its intention to finally
adopt a budget for the district for the ensuing fiscal year.
The notice shall appear adjacent to an advertisement
which shall set forth the tentative budget in full. The no-
tice and advertisement shall be published in one or more
newspapers having a combined general circulation in
the counties having land in the district.
(4) The hearing to finally adopt a budget and millage
rate shall be by and before the governing board of the
district as provided in s. 200.065 and may be continued
from day to day until terminated by the board. The final


budget for the district will thereupon be the operating
and fiscal guide for the district for the ensuing year; how-
ever, transfers of funds may be made within the budget
by action of the goveming board at a public meeting of
the governing board. Should the district receive unantic-
ipated funds after the adoption of the final budget, the
final budget may be amended by including such funds,
so long as notice of intention to amend is published one
time in one or more newspapers qualified to accept legal
advertisements having a combined general circulation
in the counties in the district. The notice shall set forth
the proposed amendment and shall be published at
least 10 days prior to the public meeting of the board at
which the proposed amendment is to be considered.
However, in the event of a disaster or of an emergency
arising to prevent or avert the same, the governing
board shall not be limited by the budget but shall have
authority to apply such funds as may be available there-
for or as may be procured for such purpose.
NEM .-s 28. h 2520. 1949: a. 3 ch. 29790, 1955. s. 4. ch 61-497; s1. .ch.
6-432. a 1. ch 6-74. 25. ch. 73-190; s. 18, ch 74-234: a. 46, ch. 80-274; a.
230. Ch 81-259. a 3. ch 84-164 s. 2,ch. 86-190.
'N0I-As -me ended by a. ch. c 86- 4. h. 190. provides, in pertinent
pat. that I"t]q act sha apply to 1987 assessment rols and thereafter."
NMtm-Forma a. 378.28.

V373.53 Impoaston of taxes.-
(1) Each year the governing board of the district
shall certify to the property appraiser of the county in
which the property is situate, timely for the preparation
of the tax roll, the tax rate to be applied in determining
the amount of the district's annual tax, and the property
appraiser shall extend on his county tax roll the amount
of such tax, determined at the rate certified to him by the
governing board, and shall certify the same to the tax
collector at the same time and in like manner as for coun-
ty taxes.
(2) Collection of district taxes, the issuance of tax
sale certificates for nonpayment thereof, the redemption
or sale of said certificates, the vesting of title by tax for-
feiture, and the sale of the land and other real estate so
forfeited shall be at the same time, in conjunction with,
and by like procedure and of like effect as is provided
by law with respect to county taxes, nor may either the
county or the district taxes be paid or redemption effect-
edwithout the payment or redemption of both. The title
to district tax forfeited land shall vest in the county on
behalf of said district along with that of the county for
county tax forfeited land, said district tax forfeited land
to be held, sold, or otherwise disposed of by said county
for the benefit of said district. The proceeds therefrom,
after deducting costs, shall be paid to the district in
amounts proportionate to the respective tax liens there-
on.
(3) The district tax liens shall be of equal dignity with
those of the county.
(4) The tax officers of the county are hereby author-
ized and directed to perform the duties devolving upon
them under this chapter, and to receive compensation
therefore at such rates or charges as are provided by law
with respect to similar services or charges in other
cases.
cifai i.-s. 29. ch 25209. 1949, s 25, ch 73 190 s 1. ch 77 102
Nte.-Former a 37829.
550


_ __ __










s.1987W RRO ..R..S h 7 2


373.543 Land held by Board of Trustees of the In-
teal Improvement Trust Fund; areas not taxed.-
(1) Land comprising part of the principal of the State
School Trust Fund declared by the constitution to be
"sacred and inviolate," or other real estate, title to which
is in the State Board of Education, shall not be subject
to the district tax nor shall there be liability therefore upon
any stale agency.
(2) There shall be excluded from district taxes all
bodies of navigable water and unreclaimed water areas
meandered by the public surveys, all rights-of-way of
said district, all areas devoted or dedicated to the use
of and for the works of the district, rights-of-way of
state and county highways, and streets within the limits
of incorporated towns, and property owned by a public
agency open to the use of the public or for the public
benefit not leased to or operated by a private agency.
Hmlmr.-s 30. ch 2205. 1949. s 2.ch 61-119. ss 27 35. ch g9-10. 25.
h 73-190 s 1. ch 77-102 s 231. ch 81-259
nsb.--Fomwr s. 378.3.

373.546 Unt areas.-The governing board may, in
its discretion, adopt and effectuate unit areas embrac-
ing separate or combined drainage basins, or parts
thereof, or areas of related lands and works, for conven-
ience or economy in constructing, maintaining and oper-
ating the works of the district, and for the purpose of im-
posing taxes within each area to meet these require-
ments of the said area.
mleey.-s 31 ch 25209. 1949. 25. ch 73-190.
Noe.-Forme& s 37831

373.553 Treasurer of the board; depositories-
(1) The governing board shall designate a treasurer
who shall be custodian of all funds belonging to the
board and to the district, and such funds shall be dis-
bursed upon the order of, or in the manner prescribed
by, the governing board by warrant or check signed by
the treasurer or assistant treasurer and countersigned
by the chairman or vice chairman of the board. The
board is authorized to establish procedures for dis-
bursement of funds in such amounts and in such man-
ner as the board may prescribe, except that disburse-
ment of funds prior to specific board approval may only
be authorized upon certification by its chief executive of-
ficer or his designated assistant to the treasurer or assis-
tant treasurer and to the chairman or vice chairman of
the board that such disbursement is proper and in order
andis within budgetary limits. Any such disbursements
shall be reported to the board at its next regular meet-
ing.
(2) The board is authorized to select as depositories
in which the funds of the board and of the district shall
be deposited in any qualified public depository as de-
fined in s. 280.02, and such deposits shall be secured
in the manner provided in chapter 280.
lgoy.--s 33, ch 2520 1949. s 3, ch 63-224, s 25. ch. 73-190; s ch.
73-213. s 115. ch. 77104, 13 ch 82-10t
Noe.-Fxomer s 37833.

373.556 Investment of funds.-The governing
board of the district may, in its discretion, invest funds
of the district in the following manner:
(1) That portion of the funds of the district which the
board anticipates will be needed for emergencies may
be invested in bonds or other obligations, either bearing


interest or sold on a discount basis, of the United States,
or the United States Treasury, or those for the payment
of the principal and interest of which the faith and credit
of the United States is pledged.
(2) All other funds of the district may be invested in
securities named in subsection (1) hereof, or in bonds
or other interest-bearing obligations of any incorporated
county. city, town. school district or road and bridge dis-
trict located in the state, for which the full faith and credit
of such political subdivision has been pledged: provid-
ed, such political subdivision or its successor, through
merger, consolidation or otherwise, has not within 5
years previous to the making of such investment, de-
faulted for more than 6 months in the payment of any
part of the principal or interest of its bonded indebted-
ness; and, provided, the securities purchased under the
provisions of this subsection shall have a maturity date
on or before the anticipated date of need for the funds
represented thereby.
HI fy.-s 4 ch 29790 1956. s 25 ch 73-190
Hm.-Forme r 37s 331

373.559 May borrow money temporarily.-In order
to provide for the works described by this chapter, the
governing board is hereby authorized and empowered
to borrow money temporarily, from time to time, for a pe-
riod not to exceed 1 year at any one time, not including
renewals thereof, and to issue its promissory notes
therefore upon such terms and at such rates of interest
as the said board may deem advisable, payable from the
taxes herein levied and imposed, and the increment
thereof. Any of such notes may be used in payment of
amounts due, or to become due, upon contracts made
or to be made by said board for carrying on the work
authorized and provided for herein, and the said board
may, to secure the payment of any of such notes, hy-
pothecate bonds herein authorized to be issued, and
may thereafter redeem such hypothecated bonds. Any
of the notes so issued may be paid out of the proceeds
of bonds authorized to be issued by this chapter.
Witioy.-s 34. ch 25209 1949; s. 25. ch. 73-190.
NO.-Former s 37834

373.563 Bonds.-
(1) The governing board is hereby authorized and
empowered to borrow money on permanent loans and
incur obligations from time to time on such terms and at
such rates of interest as it may deem proper, not ex-
ceeding 7.5 percent per annum, for thepurpose of rais-
ing funds to prosecute to final completion the works and
all expenses necessary or needful to be incurred in car-
rying out the purposes of this chapter; and the better to
enable the said board to borrow the money to carry out
the purposes aforesaid, the board is hereby authorized
and empowered to issue in the corporate name of said
board, negotiable coupon bonds of said district.
(2) The bonds to be issued by authority of this chap-
ter shall be in such form as shall be prescribed by the
said board, shall recite that they are issued under the
authority of this chapter, and shall pledge the faith and
credit of the governing board of the district for the
prompt payment of the interest and principal thereof.
(3) Said bonds shall have all the qualities of negotia-
ble paper under the Law Merchant, and shall not be in-


WATER BRESCOWESE


Ch. 373


PA 1967





s--sr P4~rr~n~~-'-- ---


WATER RESOURCES


valid for any irregularity, or defect in the proceedings for
the issue and sale thereof except forgery; and shall be
incontestable in the hands of bone fide purchasers or
holders thereof for value. The provisions of this chapter
shall constitute an irrevocable contract between said
board and the district and the holders of any bonds and
the coupons thereof, issued pursuant to the provisions
hereof. Any holder of any of said bonds or coupons may
either at law or in equity by suit, action or mandamus en-
force and compel the performance of the duties required
by this chapter of any of the officers or persons men-
tioned in this chapter in relation to the said bonds, or to
the collection, enforcement and application of the taxes
for the payment thereof.
(4) The amount of bonds to be issued in any one
year, when added to the amount then outstanding, shalt
be not greater than can be supported for that year in ac-
cordance with the bond schedule out of 90 percent of
the taxes imposed, or to be imposed, for that year, plus
other moneys in the hands of the district usable for bond
purposes after deducting therefrom amounts estimated
to be required for maintenance and operation of the
works of the district, cost of administration, and
amounts for such other purposes as the governing
board may determine, nor shall the governing board levy
in any year taxes insufficient to support said bonds for
such year on the basis herein described.
(5) Al bonds and coupons not paid at maturity shall
bear interest at a rate not to exceed 7.5 percent per an-
num from maturity until paid. or until sufficient funds
have been deposited at the place of payment.
(6) The bonds to be issued by authority of this chap-
ter shall be in denominations of not less than $100, bear-
ing interest from date at a rate not to exceed 5 percent
per annum, payable semiannually, to mature at annual
intervals within 40 years commencing after a period of
not later than 10 years, to be determined by said board,
both principal and interest payable at some convenient
place designated by said board to be named in said
bonds, which said bonds shall be signed by the chair-
man of the board, attested with the seal of said district
and by the signature of the secretary of said board. In
case any of the officers whose signatures, countersigna-
tures and certificates appear upon the said bonds and
coupons shall cease to be such officer before the deliv-
ery of such bonds to the purchaser, such signature or
countersignature and certificate shall nevertheless be
valid and sufficient for all purposes the same as if they
had remained in office until the delivery of the bonds.
(7) Interest coupons shall be attached to the said
bonds and the said coupons shall be consecutively
numbered, specifying the number of the bond to which
they are attached, and shall be attested by the litho-
graphed or engraved facsimile signature of the chair-
man and secretary of said board
(8) In the discretion of said board, it may be provided
that at any time, after such date as shall be fixed by the
said board, said bonds may be redeemed before maturn-
ty at the option of said board, or its successors in office.
If any bond so issued subject to redemption before ma-
turity shall not be presented when called for redemption,
it shall cease to bear interest from and after the date so
fixed for redemption.


HlW ,y.-s 35. ch 25209. 1949: s I, ch 61-147. s 25, ch 73-190; s. 33. ch.
73-302 s I ch 77-174 s. 147. ch 79-400.
NMO.-Fomw es 378.35.

373.566 Refunding bonds.-The governing board
shall have authority to issue refunding bonds to take up
any outstanding bonds of said district failing due and
becoming payable, when, in the judgment of said board,
it shall be for the best interests of said district so to do.
The said board is hereby authorized and empowered to
issue refunding bonds to take up and refund all bonds
of said district outstanding that are subject to call and
termination, and all bonds of said district that are not
subject to call or redemption, where the surrender of
said bonds can be procured from the holder thereof at
prices satisfactory to the board. Such refunding bonds
may be issued at any time when in the judgment of said
board it will be to the interest of the district financially
or economically by securing a lower rate of interest on
said bonds or by extending the time of maturity of said
bonds, or for any other reason in the judgment of said
board advantageous to said district.
=My.-s 36. ch 25209 1949: S 25. ch. 73-190.
m.-Fomer s 378.36.

373.569 Bond election.-When required by the
State Constitution, the governing board shall call an
election of the freeholders in said district, in which said
election the matter of whether or not said bonds shall be
issued shall be decided as provided by law with respect
to bond elections
MHIy.t-s 37 ch 25209 949. as 25, ch 73-190
NoF.-Forme. s 378 37

373.573 Bonds to be validated.-Whenever the
governing board shall have authorized the issuance of
bonds under the provisions of this chapter, the said
board may, if it shall so elect, have said bonds validated
in the manner provided by chapter 75, and to that end
the said board may adopt a suitable resolution for the
issuance of said bonds.
INMl.-s 38 ch 25209. 1949: 25. ch 73-190
IL-.-Formw s 37838.

373.576 Sale of bonds.-AII of said bonds shall be
executed and delivered to the treasurer of said district,
who shall sell the same in such quantities and at such
rates as the board may deem necessary to meet the
payments for the works and improvements in the dis-
trict. Said bonds shall not be sold for less than 95 cents
on the dollar, with accrued interest.
HIMl.--s. 39. ch 25209. 1949. s. 25. ch 73-190
Nblt-Fomer s 37839

373.579 Proceeds from taxes for bondpurpos.-
It shall be the duty of the treasurer as custodian of the
funds belonging to the said board and to the district, out
of the proceeds of the taxes levied and imposed by this
chapter and out of any other moneys in his possession
belonging to the district, which moneys so far as neces-
sary shall be set apart and appropriated for the purpose,
to apply said moneys and to pay the interest upon the
said bonds as the same shall fall due and at the maturity
of the said bonds to pay the principal thereof.
seloy.-s 40. ch 25209. 1949. s 25. ch 73-190
NOa.-Forme s 318 40


t*h 972


F.S. 1917


U


M 14" W ATI 111 111SO---M9 11












WATER RESOURCES


373.583 Registration of bonds.-
(1) Whenever the owner of any coupon bond issued
pursuant to the provisions of this chapter shall present
such bond and all unpaid coupons thereof to the treas-
urer of the district with request for the conversion of
such bond into a registered bond, such treasurer shall
cut off and cancel the coupons of any such coupon
bond so presented, and shall stamp, print or write upon
such coupon bond so presented either upon the back
or the face thereof as may be convenient, a statement
to the effect that said bond is registered in the name of
the owner and that thereafter the interest and principal
of said bond are payable to the registered owner. There-
after and from time to time any such bond may be trans-
Sferred by such registered owner in person or by attorney
J duly authorized on presentation of such bond to the
i treasurer, and the bond again registered as before, a
similar statement being stamped or written thereon.
S (2) Such statement stamped, printed or written
Supon any such bond may be in substantially the follow-
ing form:
T (Date, giving month, year and day.)
This bond is to be registered pursuant to the statutes
in such case made and provided in the name of (here
insert name of owner), and the interest and principal
Thereof are hereafter payable to such owner.
STreasuraer
(3) If any bond shall have been registered as afore-
said, the principal and interest of said bond shall be pay-
able to the registered owner. The treasurer shall enter
in the register of said bonds to be kept by him, or in a
separate book, the fact of the registration of such
bonds, and in whose names respectively, so that said
register or book shall at all times show what bonds are
registered and the name of the registered owner there-
of.
NHi q.-s. 41, ch 25209, 1949 s 25. ch. 73-190.
Noe.-Former s. 378.41.
373.584 Revenue bonds.-
(1) In addition to issuing general obligation bonds as
provided in s. 373.563, districts may also, from time to
time, issue revenue bonds to pay the costs and ex-
penses incurred in carrying out the purposes of this
chapter or to refund revenue bonds of the district issued
pursuant to this section. In anticipation of the sale of
Such revenue bonds, the district may issue negotiable
bond anticipation notes and may renew the same from
time to time: but the maximum maturity of any such
note, including renewals thereof, shall not exceed 5
years from the date of issue of the original note. Such
notes shall be paid from the revenues hereinafter provid-
ed or from the proceeds of sale of the revenue bonds of
such district in anticipation of which they were issued.
The notes shall be issued in the same manner as the rev-
enue bonds.
(2) The revenue bonds and notes shall be payable
solely out of revenues derived by the district from the
Water Management Lands Trust Fund as provided in s.
373.59. Revenue bonds and notes shall be, and shall be
deemed to be, for all purposes, negotiable instruments,
subject only to the provisions of the revenue bonds and
notes for registration.


(3) The revenue bonds may be issued as serial
bonds or as term bonds; or the district, in its discretion,
may issue bonds of both types. The revenue bonds shall
be authorized by resolution of the governing board and
shall bear such date or dates; mature at such time or
times, not exceeding 40 years from their respective
dates; bear interest at such rate or rates; be payable at
such time or times; be in such denominations; be in such
form; carry such registration privileges; be executed in
such manner; be payable in lawful money of the United
States at such place or places; and be subject to such
terms of redemption, including redemption prior to ma-
turity, as such resolution or resolutions may provide. If
any officer whose signature, or a facsimile of whose sig-
nature, appears on any bonds or coupons ceases to be
such officer before the delivery of such bonds, such sig-
nature or facsimile shall nevertheless be valid and suffi-
cient for all purposes as if he had remained in office until
the delivery. The revenue bonds or notes may be sold
at public or private sale for such price or prices as the
governing board shall determine. Pending preparation
of the definitive bonds, the district may issue interim re-
ceipts or certificates which shall be exchanged for such
definitive bonds.
H*oiy.-s 4. ch 85-347.
373.586 Unpaid warrants to draw interest-If any
warrant issued under this chapter is not paid when pres-
ented to the treasurer of the district because of lack of
funds in the treasury, such fact shall be endorsed on the
back of such warrant, and such warrant shall draw inter-
est thereafter at a rate not exceeding 6 percent per an-
num, until such time as there is money on hand to pay
the amount of such warrant and the interest then accu-
mulated; but no interest shall be allowed on warrants af-
ter notice to the holder or holders thereof that sufficient
funds are in the treasury to pay said endorsed warrants
and interest.
IHlto.-s 42. ch. 25209. 1949: s. 25, ch. 73-190. s. 116. ch 77-104.
Nol.-Former s 37842.
373.589 Audit by Auditor General.-At the direction
of the Governor, audit of the district's accounts may be
made from time to time by the Auditor General, and such
audit shall be within the authority of said Auditor Gener-
al, to make. Copy of such audit shall be furnished the
Governor and the governing board of the district, and a
copy shall be filed with the clerks of the circuit courts of
each county within or partly within said district. The ex-
pense of said audit shall be paid by the district upon a
statement thereof rendered to the district by the Auditor
General. Payment of the amount thereof shall be made
to the State Department of Banking and Finance to be
entered in and to reimburse the account of the Auditor
General so as not to reduce the legislative appropriation
for said Auditor General.
HiMt .-s 43. ch 25209, 1949; s. 8. ch 69-82; s 12.35, ch 69-106; s 25, ch.
73-190
Not.-Former s 378.43
373.59 Water Management Lands Trust Fund.-
(1) There is established within the Department of
Environmental Regulation the Water Management
Lands Trust Fund to be used as a nonlapsing fund for
the purposes of this section. The moneys in this fund are


I


F.S. 1987


Ch. 373












Ch. 373 WATER RESOURCES F.S. 1987


hereby continually appropriated for the purposes of land
acquisition, management, maintenance, and capital im-
provements in accordance with the provisions of this
section. Up to 10 percent of the moneys in the fund may
be allocated annually to the districts for management,
maintenance, and capital improvements pursuant to
subsection (7). The districts may contract with state
agencies to provide the management and maintenance
services.
(2)(a) Subsequent to public hearings, similar to
those held pursuant to s. 120.54, each district shal file
a 5-year plan for acquisition with the Legislature and the
Secretary of Environmental Regulation by January 15,
1982. Annually thereafter, each district shall file with the
Legislature and the secretary a report of acquisition ac-
tivity together with modifications or additions to its 5-
year plan of acquisition. The report shall also include a
description of land management activity. Expenditure of
moneys-from the Water Management Lands Trust Fund
shall be limited to the costs for acquisition, manage-
ment, maintenance, and capital improvements of lands
included within the plan as filed by each district; howev-
er, no such acquisition of lands shall occur without a
public hearing similar to those held pursuant to the pro-
visions set forth in s. 120.54.
(b) Moneys from the fund shall be used for contin-
ued acquisition, management, maintenance, and capital
improvements of the following lands and lands set forth
in the 5-year land acquisition plan of the district
1. By South Florida Water Management District-
lands in the water conservation areas and areas ad-
versely affected by raising water levels of Lake Okee-
chobee in accordance with present regulation sched-
ules, and the Savannahs Wetland area in Martin County
and St. Lucie County.
2. By Southwest Florida Water Management Dis-
trict-lands in the Four River Basins areas, including
Green Swamp, Upper Hillsborough and Cypress Creek,
Anclote Water Storage Lands (Starkey), Withlacoochee
and Hillsborough riverine corridors, and Sawgrass Lake
addition.
3. By St. Johns River Water Management District-
Seminole Ranch, Latt Maxey and Evans properties in the
upper St. Johns River Basin.
4. By Suwannee River Water Management District
-lands in Suwannee River Valley.
5. By Northwest Florida Water Management District
-lands in the Choctawhatchee and Apalachicola River
Valleys:
(3) Moneys from the Water Management Lands
Trust Fund shall be used for acquiring the fee or other
interest in lands necessary for water management, wa-
ter supply, and the conservation and protection of water
resources, except that such moneys shall not be used
for the acquisition of rights-of-way for canals or pipe-
lines. Such moneys shall also be used for management,
maintenance, and capital improvements. Lands ac-
quired with moneys from the fund shall be managed and
maintained in an environmentally acceptable manner
and, to the extent practicable, in such a way as to re-
store and protect their natural state and condition. The
secretary of the Department of Environmental Regula-
tion shall release acquisition moneys from the Water


Management Lands Trust Fund to a district following re-
ceipt of a resolution adopted by the governing board
identifying the lands being acquired and certifying that
such acquisition is consistent with the plan of acquisi-
tion and other provisions of this act. The governing
board shall also provide to the Secretary of Environmen-
tal Regulation a copy of all certified appraisals used to
determine the value of the land to be purchased. If the
purchase price is greater than the appraisal price, the
governing board shall submit written justification for the
increased price. The Secretary of Environmental Regula-
tion may withhold moneys for any purchase that is not
consistent with the 5-year plan or the intent of this act
or that is in excess of appraised value. The governing
board may appeal any denial to the Land and Water Ad-
judicatory Commission pursuant to s. 373.114. The sec-
retary of the Department of Environmental Regulation
shall release to the districts moneys for management,
maintenance, and capital improvements following re-
ceipt of a resolution and request adopted by the govern-
ing board which specifies the designated managing
agency, specific management activities, public use, es-
timated annual operating costs, and other acceptable
documentation to justify release of moneys.
(4) Water management land acquisition costs shall
include payments to owners and costs and fees associ-
ated with such acquisition.
(5) If a district issues revenue bonds or notes under
s. 373.584, the district may pledge its share of the mon-
eys in the Water Management Lands Trust Fund as se-
curity for such bonds or notes. The Department of Envi-
ronmental Regulation shall pay moneys from the trust
fund to a district or its designee sufficient to pay the
debt service, as it becomes due, on the outstanding
bonds and notes of the district; however, such pay-
ments shall not exceed the district's cumulative portion
of the trust fund. However, any moneys remaining after
payment of the amount due on the debt service shall be
released to the district pursuant to subsection (3).
(6) Any unused portion of a district's share of the
fund shall accumulate in the trust fund to the credit of
that district. Interest earned on such portion shall also
accumulate to the credit of that district to be used for
land acquisition, management, maintenance, and capi-
tal improvements as provided in this section. The total
moneys over the life of the fund available to any district
under this section shall not be reduced except by reso-
lution of the district governing board stating that the
need for the moneys no longer exists.
(7) Moneys from the Water Management Lands
Trust Fund shall be allocated to the five water manage-
ment districts in the following percentages:
(a) Thirty percent to the South Florida Water Man-
agement District.
(b) Twenty-five percent to the Southwest Florida
Water Management District.
(c) Twenty-five percent to the St. Johns River Water
Management District.
(d) Ten percent to the Suwannee River Water Man-
agement District.
(e) Ten percent to the Northwest Florida Water Man-
agement District.


L '~FI~1


-







J







Cb. 373 WATER RESOURCE F8.1gg


73-190: s 117, ch 77-104 s 232, ch 81-259.
O.-Fomer s 373.211
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 misde-
meanor of the second degree, punishable as provided
in s. 775.082 or s. 775.083.
Hita1y.-s. 18. ch 57-380, s 325. ch 71-136: s 25, ch. 73-190.
NO.--Fomnw s. 373 24?
373.614 Unlawful damage to district property or
works; penalty.-The governing board of the district
shall have the power, and is authorized, to offer and pay
rewards of up to $1,000 to any person furnishing infor-
mation leading to the arrest and conviction of any per-
son who has committed an unlawful act or acts upon the
rights-of-way, land, or land interests of the district or
has destroyed or damaged district properties or works.
Hish y.-s. 25. ch. 73-190: s. ch. 73-212.
NoW--Former s. 378.163.
373.616 Liberal construction.-The provisions of
this chapter shall be liberally construed in order to effec-
tively carry out its purposes.
HistM.-s. 4, part VI. ch 72-299.
373.6161 Chapter to be liberally construed.-This
chapter shall be construed liberally for effectuating the
purposes described herein, and the procedure herein
prescribed shall be followed and applied with such lati-
tude consistent with the intent thereof as shall best
meet the requirements or necessities therefore.
MiS.--s. 46, ch 25209; s 6, ch 25213. 1949; 25, ch. 73-190.
NWM.-Former s. 37847.
373.617 Judicial review relating to permits and Ii-
censes.-
(1) As used in this section, unless the context other-
wise requires:
(a) "Agency" means any official, officer, commission,
authority, council, committee, department, division, bu-
reau, board, section, or other unit or entity of state gov-
ernment.
(b) "Permit" means any permit or license required by
this chapter.
(2) Any person substantially affected by a final ac-
tion of any agency with respect to a permit may seek re-
view within 90 days of the rendering of such decision
and request monetary damages and other relief in the
circuit court in the judicial circuit in which the affected


property is located; however, circuit court review shall
be confined solely to determining whether final agency
action is an unreasonable exercise of the state's police
power constituting a taking without just compensation.
Review of final agency action for the purpose of deter-
mining whether the action is in accordance with existing
statutes or rules and based on competent substantial
evidence shall proceed in accordance with chapter 120.
(3) If the court determines the decision reviewed is
an unreasonable exercise of the state's police power
constituting a taking without just compensation, the
court shall remand the matter to the agency which shall,
within a reasonable time:
(a) Agree to issue the permit;
(b) Agree to pay appropriate monetary damages;
however, in determining the amount of compensation to
be paid, consideration shall be given by the court to any
enhancement to the value of the land attributable to gov-
emmental action; or
(c) Agree to modify its decision to avoid an unrea-
sonable exercise of police power.
(4) The agency shall submit a statement of its
agreed-upon action to the court in the form of a pro-
posed order. If the action is a reasonable exercise of po-
lice power, the court shall enter its final order approving
the proposed order. If the agency fails to submit a pro-
posed order within a reasonable time not to exceed 90
days which specifies an action that is a reasonable exer-
cise of police power, the court may order the agency to
perform any of the alternatives specified in subsection
(3).
(5) The court shall award reasonable attorney's fees
and court costs to the agency or substantially affected
person, whichever prevails.
(6) The provisions of this section are cumulative and
shall not be deemed to abrogate any other remedies
provided by law.
Hi ys.-ss 1.2, 3 4. 5, 6. ch. 78-85.
373.619 Recognition of water and sewer-saving
devices.-The Legislature urges all public-owned or in-
vestor-owned water and sewerage systems to reduce
connection fees and regular service charges for custom-
ers who utilize water or sewer-saving devices, includ-
ing, but not limited to. individual graywater disposal sys-
tems.
Hsoy.-s 2. ch 82-10








556


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Ch. 373


WATER RESOURCES


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