Title: Laws of Florida - Chapter 75-22 - House Bill No.670
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Title: Laws of Florida - Chapter 75-22 - House Bill No.670
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Language: English
Publisher: 1975 Environmental Reorganization Act
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Spatial Coverage: North America -- United States of America -- Florida
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Abstract: Laws of Florida - Chapter 75-22 - House Bill No.670
General Note: Box 11, Folder 7 ( Environmental Efficiency Study Commission - 1988 ), Item 8
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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CHAPTER 75-22 LAWS OF FLORIDA

CHAPTER 75-21
House Bill No. 670
AN ACT relating to bond requirements for licensed dealers of special
fuels; amending s. 206.90(1), Florida Statutes, providing that no bond
shall be required of licensed dealers under certain conditions; providing
an effective date.
Be It Exacted by the Legislature of the State of Florida:
Section 1. Subsection (1) of section 206.90, Florida Statutes, is amend-
ed to read:
206.90 Bond required of licensed dealers.-

(1) Every dealer shall file with the department a bond or bonds in
the penal sum of not t set he one hundred delrsM e more than thirty-
five thousand dollars. The sum of said bond shall be approximately three
times the average monthly special fuels tax paid or due by such dealer
during the preceding twelve calendar months under this part, with a
surety approved by the department, upon which the dealer shall be the
principal obligor and the state shall be the obligee, conditioned upon the
faithful compliance with the provisions of this part. If the sum of three
times a dealer's average monthly tax is less than fifty dollars, no bond
shall be required.
Section 2. This act shall take effect July 1, 1975.
Approved by the Governor May 22, 1975.
Filed in Office Secretary of State May 22, 1975.



CHAPTER 75-22

Committee Substitute for Committee Substitute for
Senate Bill No. 123
AN ACT relating to environmental reorganization; providing a declaration
of policy; defining terms; creating the Department of Environmental
Regulation; creating environmental districts and authority for sub-
districts; creating the Environmental Regulation Commission; provid-
ing for appeals under chapter 258 to the governor and cabinet; provid-
ing for the governor and cabinet to perform the duties of the Depart-
ment of Pollution Control Board under the Florida Electrical Power
Plant Siting Act; providing for the powers and duties of the Environ-
mental Regulation Commission and the Department of Environmental
Regulation; providing procedures for issuing certain permits and li-
censes; providing for exemption of certain activities from state regula-
tion; providing for the establishment of bulkhead lines; transferring
the Department of Pollution Control to the Department of Environ-
mental Regulation except for certain powers, duties and functions
vested in the governor and cabinet; transferring certain powers, duties













LAWS OF FLORIDA CHAPTER 75-22

and functions of the Department of Pollution Control relating to open
burning to the Department of Agriculture and Consumer Services; trans-
ferring certain powers, duties and functions of the Department of
Health and Rehabilitative Services to the Department of Environmental
Regulation and providing for interagency agreements with county health
units; transferring certain powers, duties and functions of the Board
of Trustees of the Internal Improvement Trust Fund to the Department
of Environmental Regulation; transferring certain powers, duties and
functions of the Department of Natural Resources to the Department of
Environmental Regulation; prescribing certain planning functions; pre-
scribing organization and duties of the Department of Natural Re-
sources; merging the Board of Trustees of the Internal Improvement
Trust Fund into the Department of Natural Resources except for certain
powers, duties and functions relating to trademarks, copyrights and
patents; providing for the transfer of funds; transferring the powers,
duties and functions of the Department of Health and Rehabilitative
Services relating to shellfish to the Department of Nathral Resources;
amending s. 20.25(17), Florida Statutes; prescribing the authority of the
Department of Natural Resources relating to the Game and Fresh
Water Fish Commission; abolishing the Coastal Coordinating Council and
reassigning its powers, duties, staff and functions to the Division of
Resource Management of the Department of Natural Resources; pro-
viding authority for the alignment of units and functions of the Depart-
ment of Environmental Regulation and the Department of Natural Re-
sources below the division level; requiring reports to the legislature;
providing for cooperation among affected agencies; providing for non-
abrogation of rules and legal or administrative proceedings; repealing
s. 20.26, Florida Statutes, relating to the creation of the Department
of Pollution Control; repealing a. 25.186, Florida Statutes, relating to
the rules for permitting procedures of the Board of Trustees of the
Internal Improvement Trust Fund; repealing s. 258.122, Florida Statutes,
relating to the fixing of bulkheads; repealing s. 20.27, Florida Statutes,
1974 Supplement, relating to the creation and renaming of the Board
of Trustees of the Internal Improvement Trust Fund; providing for
severability; providing an effective date.
Be It Bnacted by the Legislature of the State of Florida:
Section 1. Short title.-This act shall be known and may be cited as the
Florida Environmental Reorganization Act of 1975.
Section 2. Declaration of policy.-Reasserting the policy of the Govern-
mental Reorganization Act of 1969, as stated in s. 20.02, Florida Statutes,
that structural reorganization should be a continuing process,
nizing that 6 years have passed since the 1969 reorganizatioe- thee
intent of the legislature to promote the efficient, effective and economical
operation of certain environmental agencies by centralizing authority over
and pinpointing responsibility for the management of the environment,
by authorizing the delegation of substantial decision-making authority
to the district level, and by consolidating compatible administrative, plan-
ning, permitting, enforcement and operational activities. Further, it is
the intent of this act to promote proper administration of Florida's land-
mark environmental laws.


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CHAPTER 75-22 LAWS OF FLORIDA

PART I
Section 8. When used in this act the term, phrase or word:
(1) "Commission" means the Environmental Regulation Commission.
(2) "Department" means the Department of Environmental Regula-
tion.
(3) "Environmental district center" means the facilities and personnel
which are centralized in each district for the purposes of carrying out the
provisions of this act.
(4) "District" or "environmental district" means one of the geographi-
cal areas, the boundaries of which are established pursuant to this act.
(5) "Manager" means the head of an environmental district who shall
supervise all environmental functions of the department within such
environmental district.
(6) "Secretary" means the secretary of the Department of Environ-
mental Regulation.
(7) "Subdistrict" means a geographical area, the boundaries of which
may be established as a part of a district.
(8) "Channel" is a trench, the bottom of which is normally covered
entirely by water, with the upper edges of its sides normally below water.
(9) "Canal" is a man-made trench, the bottom of which is normally
covered by water with the upper edges of its sides normally above water.
(10) "Drainage ditch and/or irrigation ditch" is a man-made trench
dug for the purpose of draining water from the land or for transporting
water for use on the land and is not built for navigational purposes.
(11) "Swale" is a man-made trench which only contains contiguous
areas of standing or flowing water following the occurrence of rainfall or
flooding.
(12) "Standard" means any rule of the Department of Environmental
Regulation relating to air and water quality, noise, and solid waste manage-
ment. The term "standard" does not include rules of the department
which relate exclusively to the internal management of the department,
the procedural processing of applications, the administration of rule mak-
ing or adjudicatory proceedings, the publication of notices, the conduct
of hearings, or other procedural matters.
Section 4. Department of Environmental Regulation.-There is created
a Department of Environmental Regulation.
(1) The head of the department is the secretary of environmental
regulation, who shall be appointed by the governor subject to confirma-
tion by the senate. The secretary shall serve at the pleasure of the
governor.
(2) There shall be an assistant secretary appointed by and serving at
the pleasure of the secretary.

44














LAWS OF FLORIDA CHAPTER 76-22

(8) The following divisions of the Department of Environmental Regu-
lation are established:
(a) Division of Administrative Services;
(b) Division of Environmental Programs; and
(c) Division of Environmental Permitting.
(4) There shall be a manager for each environmental district who
shall be appointed by and serve at the pleasure of the secretary. The
manager shall maintain his office in the environmental .district center,
which shall be collocated with the office of a water management district
to the maximum extent practicable.

(5) The secretary shall establish environmental districts. The environ-
mental districts shall be collocated with the water management districts
to the maximum extent practicable. The secretary shall have the authority
to adjust the environmental district boundaries to best serve the purposes
of this act.
(6) The secretary may establish subdistricts with one branch office in
each, for the purpose of making services more 'accessible to the citizens
of each district.
(7) There is created as a part of the Department of Environmental
Regulation an Environmental Regulation Commission. The commission
shall be composed of seven citizens of this state appointed by the governor,
subject to confirmation by the senate. The commission shall include one,
but not more than two, member from each water management district
who has resided in the district for at least 1 year and the remainder from
the state at large. Membership shall be representative of but not limited
to interested groups including agriculture, real estate, environmentalist,
the construction industry and lay citizens. The governor shall appoint the
chairman, and the vice chairman shall be elected from among the member-
ship. Four members shall be appointed on July 1, 1975, for terms ending
July 1, 1979; three members shall be appointed on July 1, 1975, for terms
ending on July 1, 1977. All appointments thereafter shall be for 4-year
terms. The governor may at any time fill vacancies for the unexpired
term. Te members of the commission shall serve without compensation
but shall be paid travel and per diem as provided in s. 112.061, Florida
Statutes, while in the performance of their official duties. Administrative
personnel and other support services necessary for the commission shall
be furnished by the department
Section 5. (1) The governor and cabinet sitting as the Board of
Trustees of the Internal Improvement Trust Fund and as the owners of
\ state lands are vested with the authority to hear and decide appeals of
department decisions under chapter 258, Florida Statutes. Such notice of
appeal shall be filed with the governor and cabinet within 15 days of such
decision. The hearing shall be appellate in nature; however, the governor
and cabinet may, at their discretion, take additional testimony. Such hear-
ings shall be completed and a decision rendered within 60 days of receipt of
the appeal. Hearings shall be in accordance with provisions of chapter
120, Florida Statutes.














CHAPTER 75-22 LAWS OF FLORIDA

(2) The governor and cabinet shall perform the duties now vested in
the Pollution Control Board of the Department of Pollution Control,
pursuant to the Florida Electrical Power Plant Siting Act, sections
403.509, 403.511, 408.512 and 408.518, Florida Statutes. For the purposes
of this subsection the governor shall perform the duties of the chairman
of the Pollution Control Board, as defined in section 408.611, Florida
SStatutes.
Section 6. Duties of the Department of Environmental Regulation.-
(1) Duties of the commission.-
(a) The commission shall exercise the exclusive standard-setting
authority of the department, except as provided in s. 6(1)(b) and s. 11
of this act. The commission shall also act as an adjudicatory body for final
actions taken by the department, except for those appeals and decisions
authorized in s. 5 of this act.
(b) The commission shall direct the department to have a study
conducted of the economic and environmental impact which sets forth the
benefits and costs to the public of any proposed standard that would be
stricter or more stringent than one which has been set by federal agencies
pursuant to federal law or regulation. The commission shall also direct
the department to prepare such a study on any standard existing on
the effective date of this act which sets a stricter or more stringent
standard than one which has been set by federal agencies pursuant to
federal law or regulation; all sueh studies hall be submitted to the
governor and cabinet no later than March 1, 1976. Such studies as are
provided for in this paragraph shall be submitted to the commission, who
shall Initially adopt the standards. Fpial action shall be by the governor
and cabinet, who shall accept, reject, modify or remand for further
proceedings the standard within 00 days freo the submission. Such review
shall be appellate in nature. Hearing shall be in accordance with the
provisions of chapter 120, Florida Statutes.
(c) The commission shall have final state approval on applications
for and disbursements of federal grants.
(2) Duties of the secretary.-In addition to those powers and duties
of heads of departments set forth in chapter 20, Florida Statutes, the
secretary shall employ legal counsel to represent the department in
matters affecting the department. Ezept for appeals o permits specifically
signed by this act to the governor and cabinet, and unes otherwise
prohibited by law, the secretary may delegate the authority assigned to
the department by this act to the district managers; provided, for projects
qualifying as developments of regional impact pursuant to chapter 880,
Florida Statutes, and chapter 2F-2, Florida Administrative Code, the
secretary and the Tallahassee offie shall perform all the duties relating
to the granting, modification or denial of permits under chapter 258 and
408, Florida Statutes, subject to sections 5 and 6(1) of this act.
(8) Duties of the divisions.-
(a) The Division of Administrative Services shall perform duties in-
eluding but not limited to personnel, fiscal, purchasing, education and
information.

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LAWS OF FLORIDA CHAPTER 75-22

(b) The Division of Environmental Programs shall perform duties in-
eluding but not limited to administration, coordination, and supervision
of program relating to planning, grants, air quality, water quality and
quantity, noise and solid waste management.
(4) The Division of Environmental Permitting shall perform duties
including but not limited to the following: processing of applications for
power plant site certifications pursuant to part II, chapter 408, Florida
Statutes, and processing of those other classifications of permits, licenses,
and certificates which the secretary may designate. The division shall also
establish uniform procedures and forms for the orderly determination of
Decisions relating to permits, licenses, certificates, and exemptions. The
division shall provide the necessary technical and legal support to carry
South enforcement functions of the department. The division shall supervise
and direct all district operations.
(5) (a) Duties of the environmental district centers.-
Under the supervision of the Division of Environmental Permitting all
field services and inspections required in support of the decisions of
the department relating to the issuance of permits, licenses, certificates,
or exemptions shall be accomplished at the environmental district center
level to the maximum extent practicable.
(b) The processing of all applications for permits, licenses, certificates,
and exemptions shall be accomplished at the district center, except for
those applications specifically assigned to the Division of Environmental
Permitting and those applications assigned by interagency agreement as
provided in this act
(c) When the secretary determines that a water management district
has the financial and technical capability to carry out water quality
and other functions of the department, those powers, duties, and functions
or parts thereof, may be contracted or delegated to such water management
district. This may include but shall not be limited to planning, regulation
and permitting of point sources and nonpoint sources of pollution, and other
field services. Any powers, duties and functions ms delegated shall be carried
out n accordance with the rules, regulations ad standards of the depart-
ment, and shall follow the uniform procedures and forms established by
the Division of Environmental Permitting. Nothing contained in this
act shall be construed to adversely affect or divest any water management
district of the power to levy ad valorem taxes.
Section 7. (1) The secretary is authorized to adopt procedural rules
providing for a short form application and issuance at the district center
of permits for certain activities. These activities shall include the following
and any others established by rule under the Administrative Procedure Act:
(a) Projects not exceeding 4,000 cubic yards of material placed in or
removed from the navigable waters of the state;
(b) Dockage or marina facilities not exceeding 20,000 square feet of
submerged lands;
(c) New seawalls or similar structures not exceeding 800 linear feet
of shoreline;
















CHAPTER 75-22 LAWS OF FLORIDA

(d) The installation of buoys, signs, fences, ski ramps, and aids to
navigation;
(e) The installation of subaqueous transmission and distribution lines
laid on, or embedded in, the bottoms of waters of the state carrying water,
electricity, communication cables, oil and gas; and
(f) The performance for 10 years from the issuance of the original
permit of maintenance dredging of permitted navigation channels, port
harbors, turning basins and harbor berth. The Trustees of the Internal
Improvement Trust Fund may fix and recover from the permitted an
amount equal to the difference between the fair market value and the
actual cost of the maintenance dredging for material removed during
such maintenance dredging. Provided, however, no charge shall be exacted
by the state for material removed during such maintenance dredging by a
public port authority. The removing party may subsequently sell such
material, provided that proceeds from such sale that exceed the costs
of maintenance dredging shall be remitted to the state and deposited in
the Internal Improvement Trust Fund.
(2) No permit under chapters 378, 408, or 258, Florida Statutes, shall
be required for activities associated with the following types of projects;
however, nothing in this subsection shall relieve an applicant from comply-
ing with applicable local pollution control programs authorized under
chapter 408, Florida Statutes, or other requirements of county and munici-
pal governments:
(a) The installation of overhead transmission lines, with the support
structures not constructed in waters of the state and which do not create
a navigational hazard;
(b) The installation of mooring pilings and dolphins associated with
private docking facilities, and the installation of private docks of 500
square feet or les of over-water surface are constructed on plingl so
as not to substantially impede the flow or create a navigational hazard,
and involving no filling;
(c) The installation of beat ramps on artificial bodies of water where
navigational access to the proposed ramp exists;
(d) The replacement or repair of existing docks, provided that no
fill material is to be used, and provided that the replacement or repaired
dock is in the same location and of the same configuration and dimensions
as the dock being replaced or repaired;
(e) Seawalls restored at their previous location or upland of, or with
1 foot waterward of their previous location;
(f) The performance for 10 years from the issuance of the original
permit granted prior to July 1, 1975, of maintenance dredging of existing
man-made canals, channels and intake and discharge structures where the
spoil material is to be removed and deposited on a self-contained, upland
spoil site which will prevent the escape of the spoil material into the waters
of the state; provided that"no more dredging is to be performed than
is necessary to restore the canal, channels and intake and discharge strue-
tures to original design specifications. The Trustees of the Internal













LAWS OF FLORIDA CHAPTER 76-22

Improvement Trust Fund may fix and recover from the permitted an
amount equal to the difference between the fair market value and the
actual cost of the maintenance dredging for material removed during
such maintenance dredging. Provided, however, no charge shall be exacted
by the state for material removed during such maintenance dredging by a
public port authority. The removing party may subsequently sell such
material, provided that proceeds from such sale that exceed the costs of
maintenance dredging shall be remitted to the state and deposited in the
Internal Improvement Trust Fund.
(g) The maintenance of existing dikes and irrigation and drainage
ditches, provided that spoil material is deposited on a self-contained, up-
land spoil site which will prevent the escape of the spoil material into
waters of the state; provided that no more dredging is performed than
is necessary to restore the dike, or irrigation or drainage ditch to its
original design specifications;
(h) The repair of existing pipes for the purpose (Of discharging storm
water runoff;
(i) Construction of private docks and seawalls in artificially created
waterways, where such construction will not violate existing water quality
standards, impede navigation or affect flood control; and
(j) The construction and maintenance of sales.
(3) All bulkhead lines heretofore established pursuant to section
253.122, Florida Statutes, are hereby established at the line of mean high
Water or ordinary high water. There shall be no filling waterward of the
line of mean high water or ordinary high water except upon compliance
with chapter 258, Florida Statutes.
Section 8. The Department of Pollution Control is transferred by a
type three transfer, as defined a. 20.06(8), Florida Statutes, to the
department except for those duties vested in the governor and cabinet
under section 5 of this act, and except that all powers, duties, and func-
tions of the Department of Pollution Control relating to the regulation
of open burning connected with rural land clearing, agricultural, or
forestry operations (except fires for cold or frost protection) are trans-
ferred by a type four transfer, as defined in 20.06(4), Florida Statutes,
to the Department of Agriculture and Consumer Services.
Section 9. (1) All powers, duties, and functions of the Bureau of
Sanitary Engineering of the Department of Health and Rehabilitative
Services not transferred elsewhere by this act, are transferred by a type
four transfer as defined in a. 20.06(4), Florida Statutes, to the department,
except for the following functions which shall remain with the Department
of Health and Rehabilitative Services:
(a) Inspection of interstate common carrier water facilities; and
(b) Services relating to public swimming pools and bathing places.
(2) With respect to public water supply and sewage treatment and
disposal facilities, the functions of the department with regard to con-
struction, operation and expansion permitting, monitoring and surveillance,














CHAPTER 75-22 LAWS OF FLORIDA

and enforcement where applicable, shall be conducted by the Division of
Health or county health unit under interagency agreements delegating
functions to said Division of Health or county health unit, to be performed
on behalf of the department. Plan review and approval with respect to
these functions shall be delegated to those county health units that are
determined by the department to be capable of performing this function,
provided that same is conducted pursuant to uniform rules and regulations
or standards of the department. The interagency agreement shall include
provisions regarding the acquisition, flow, use and analysis of data.
Plan review and approval relating to major public waterworks or sewage
treatment and disposal projects of a regional nature, may be performed
directly by the department, if it is determined that same may facilitate the
processing and obtaining of any federal funding available for such projects.
Alternative interagency agreements may be entered into with county or
regional agencies other than county health units in regard to functions
other than water supply, where it is determined by the department that
said agency is capable of performing the functon in lieu of a county
health unit.
(8) Nothing in this section shall serve to negate the powers, duties and
responsibilities of the secretary of the Department of Health and Re-
habilitative Services relating to the protection of the public from the
spread of communicable disease epidemics and plagues.
Section 10. All powers, duties, and functions of the Board of Trustees
of the Internal Improvement Trust Fund, relating to the issuance of per-
mits, certificates, licenses, exemptions and enforcement pursuant to chapter
26, Florida Statutes, are transferred by a type four transfer, as defined
in a. 20.06(4), Florida Statutes, to the department
Section 1L All powers, duties and functions of the Department of
Natural Resources relating to water management as set forth in chapter
88, Florida Statutes, and chapter 74-114, Laws of Florida, are transferred
by a type four transfer, as defined in a. 20.06(4), Florids Statutes, to the
department, provided that nothing in thin transfer shall affect the existence
of, or membership on, any water management district board; and provided
further that, notwithstanding the provisions of s. 878.086(7), Florida
Statutes, the governor and eabinet, sitting as the Land and Water Ad-
judieatory Commission, shall have the exclusive power by a vote of four
of the members, to review, and may rescind or modify any rule or order
of a water management district, except those rules which involve only
the internal management of the water management district, to insure
compliance with the provisions aad purposes of chapter 878, Florida
Statutes. Such review may be initiated at any time by the governor and
cabinet, by the secretary, by the Environmental Regulation Commission, or
by an interested party aggrieved by such rule or order, by filing a request
for such review with the Land and Water Adjudicatory Commission and
serving a copy on the water management district. Such request for review
is not a precondition to the effectiveness of such rule or order, or to
the seeking of judicial review as provided by_ ss-a.T188 and 120.68,
Florida Statutes. The powers, duties and functions of the Department of
Natural Resources exercised by the Bureau of Water Resources are
transferred by a type four transfer, as defined in s. 20.06(4), Florida













LAWS OF FLORIDA CHAPTER 76-22

Statutes, to the department. All powers, duties and functions of the De-
partment of Natural Resources relating to permits, lenses, and exemp-
tions, pursuant to chapter 253, Florida Statutes, are transferred by a type
four transfer, as defined in s. 20.06(4), Florida Statutes, to the department.
All powers, duties and functions of the Department of Natural Resources
relating to water management districts, as set forth in chapter 298,
Florida Statutes, are transferred by a type four transfer, as defined in
s. 20.06(4), Florida Statutes, to the department; provided, however, that
the department shall not have the authority to borrow money, issue notes,
or incur indebtedness.
Section 12. Except for the coordination of governmental planning and
programming activities, as provided in s. 28.012, Florida Statutes, the
powers, duties and functions of the Division of State Planning of the
Department of Administration, prescribed in part I of chapter 28, Florida
Statutes, which relate to the development of the data for the environmental
quality portions of the State Comprehensive Plan, are transferred by a
type four transfer, as defined in s. 20.06(4), Florlta Statutes, to the
department for those environmental programs which fall under its
jurisdiction. Those powers, duties, and functions relating to the develop-
ment of data for the natural resources portions of the State Comprehensive
Plan are transferred by a type four transfer, as defined'in s. 20.06(4),
Florida Statutes, to the Department of Natural Resources for those natural
resource programs which fall undet its jurisdiction.
PART II
Section 18. Notwithstanding any provision of law to the contrary, the
following shall be the divisions of the Department of Natural Resources:
(1) Division of Administrative Services;
(2) Division of Marine Resources;
(8) Division of Recreation and Parks;
(4) Division of Resource Management; and
(5) Division of Law Enforcement.
Section 14. Management and organization.-
(1) Within the Department of Natural Resources, there is created
the position of assistant executive director, who shall aid in the overall
management of the department.
(2) The Division of Marine Resources shall perform all duties currently
assigned to the division except law enforcement.
(8) The Division of Resource Management shall perform all powers,
duties, and functions of the Division of Interior Resources not transferred
elsewhere by this act The division shall also perform functions including
but not limited to preservation, manaement, and protection of lands
held by the state other than parks, rereational and wilderness areas, and
shall develop plans and carry out the programs of coetal sne manage-
ment, utilizing interagency cooperation and agreements to insre the par-
ticipation of other state and local agencies involved in coastal omn manage-













CHAPTER 75-22 LAWS OF FLORIDA

ment. The division shall also carry out the responsibilities of boundary
determination pursuant to chapter 253, Florida Statutes.
(4) The Division of Recreation and Parks shall preserve, manage,
regulate and protect all parks and recreational areas held by the state
and may provide these services by contract or interagency agreement for
any water management district where the governing board of a water
management district designates or sets aside any park or recreation
area within its boundaries.
(5) The Division of Law Enforcement shall perform the duties cur-
rently assigned to the Bureau of Law Enforcement of the Division of
Marine Resources.
Section 15. The Board of Trustees of the Internal Improvement Trust
Fund is merged into the Department of Natural Resources, and all of
the statutory powers, duties and functions, records, personnel, property, and
unexpended balances of appropriations, allocations, or other funds of the
Board of Trustees of the Internal Improvement Trust Fund not transferred
elsewhere by this act, are transferred to the Department of Natural Re-
sources. Notwithstanding any other provision of law to the contrary, the
uncommitted fund balance of the Internal Improvement Trust Fund as
of July 1, 1975, and all revenues subsequently'accruing from sources now
designated by law for deposit in the Internal Improvement Trust Fund
shall be deposited in the Land Acquisition Trust Fund created by s.
375.041, Florida Statutes, to be used in accordance with chapter 375,
Florida Statutes. However, all the powers, duties, and functions of the
Board of Trustees of the Internal Improvement Trust Fund relating to
trademarks, copyrights, and patents not involving an interest in real
property, as enumerated in s. 286.021 and s. 286.081, Florida Statutes,
are transferred by a type four transfer, as defined in s. 20.06(4), Florida
Statutes, to the Department of State.

Section 16. All powers, duties and functions of the Sea Resources
Section of the Bureau of Sanitary Engineering of the Division of Health
of the Department of Health and Rehabilitative Services relating to but
not limited to the regulation of shellfish are transferred by a type four
transfer, as defined in s. 20.06(4), Florida Statutes, to the Department
of Natural Resources; provided that the Department of Health and
Rehabilitative Services shall contract with the Department of Natural
Resources for laboratory services.

Section 17. Subsection (17) of section 20.25, Florida Statutes, is amend-
ed to read:

20.25 Department of Natural Resources.-There is created a De-
partment of Natural Resources.

(17) The Game and Fresh Water Fish Commission functions, prescribed
by chapter 372, are transferred by a type one transfer to the Department
of Natural Resources. seeept that the eemmission shall esreise its
powers peseribed by e. 4f Art, W *f the etete eeamtitetieo idepeadently
ef the head a4 the Department e4 Natural Bemseri em The Department of
Natural Resources shall have authority pursuant to the type one transfer












LAWS OF FLORIDA CHAPTER 75-22

to directly supervise, review, and approve the commission's exercise of
executive powers in the area of budgeting.

Section 18. (1) The powers, duties, staff, and functions of the Florida
Coastal Coordinating Council as created in a. 870.0211, Florida Statutes,
are hereby reassigned to the Division of Resource Management of the
Department of Natural Resources, and the Florida Coastal Coordinating
Council is abolished.

(2) All programs, powers, duties, and functions of the Department of
Natural Resources, as created under s. 20.26, Florida Statutes, and as other-
wise provided by law are maintained, except as specifically altered,
created, or transferred in this act.
PART III

Section 19. The heads of the Department of Environmental Regulation
and the Department of Natural Resources shall organize the internal
structure of their respective departments to conform to the requirements
of this act in a manner which will promote efficient and effective opera-
tion of the departments. Such internal organization shall be completed prior
to March 1, 1976. In accomplishing such organization, the head of each
department shall allocate the duties and functions of the department
among the divisions which are established by this act, and may, prior to
March 1, 1976, establish bureaus, sections, and subsections within such
divisions without approval of the Department of Administration. No new
bureaus, sections, or subsections may be established within such divisions
after March 1, 1976, until approved by the Department of Administration
or by law.

Section 20. On or before March 1, 1976, the secretary of the Depart-
ment of Environmental Regulation shall submit a report to the governor,
and the executive director of the Department of Natural Resources shall
submit a report to the head of the Department of Natural Resources. The
reports shall then be submitted to the speaker of the house of representa-
tives and the president of the senate. The reports shall contain the
organization plan of each respective department in effect on March 1, 1976,
and a detailed description of the placement within the departmental
structure of all of the authorized programs and functions administered
or accomplished by each department.

Section 21. The Department of Administration and all other state
agencies shall assist and cooperate with the Department of Environmental
Regulation and the Department of Natural Resources to ensure the orderly
and efficient transfer of the powers, duties, functions, and agencies trans-
ferred by this act.
Section 22. Except as provided in sections 403.510 and 403.511, Florida
Statutes, nothing in this act shall be construed to have altered the authority
of county and municipal governments as provided by law.

Section 28. (1) Any rule or regulation of a public agency involved in
or affected by the reorganization of the executive agencies as set forth
in this act, which was valid when adopted under the authority granted













CHAPTER 75-23 LAWS OF FLORIDA

by the legislature to adopt such rule, to the extent it is not inconsistent
with this act, shall remain in effect until it expires by its terms or is
specifically repealed or revised as provided by law.
(2) The provisions of this act shall be incorporated into chapter 20,
Florida Statutes, and provisions of chapter 20, Florida Statutes, not
repealed by this act shall apply to the agencies created, transferred, or
otherwise altered.
(8) Nothing in this act shall alter or affect rights previously vested
under chapter 880, Florida Statutes.
Section 24. No legal or administrative proceeding' pending as of the
effective date of this act shall be abated or delayed because of any
transfer made in this act, and any department to which are transferred
the powers, duties, and functions of an agency relating to a pending
proceeding shall be substituted as a party in interest in such proceeding.
Section 25. All statutory law which names units of government in the
various agencies of the executive branch in a manner in conflict with the
nomenclature used herein is amended so as to be consistent with the
nomenclature used in this act If any agency, program, power, duty, or
function transferred herein is changed in name or substance by another
act of the legislature during the 1975 regular session, the agency, program,
power, duty, or function, as amended, is transferred in a manner con-
sistent with the intent expressed by this act. "
Section 26. Section 20.26, Florida Statutes, section 20.27, Florida Stat-
utes, 1974 Supplement, and sections 258.122 and 268.186, Florida Statutes,
are hereby repealed.
Section 27. The Department of Environmental Regulation and the
Department of Natural Resources shall accomplish this reorganization
within existing resources and appropriations authorized by the legislature.
Section 28. If say provision of this act or the application thereof to
any person or circumstance is held Invalid, the invalidity shall not affect
other provisions or applications of the eat which ean be given effect
without the invalid provision or application, and to this end the provisions
of this act are declared severable.
Section 29. This act shall take effect July 1, 1975.
Approved by the Governor May 22,1976.
Filed in Office Secretary of State May 22, 1975.



CHAPTER 75-23
House Bill No. 121
AN ACT relating to criminal procedure; creating 921.24, Florida Statutes,
requiring all felony judgments to be in writing; requiring the finger-
printing of a convicted felon in open court as a part of the felony




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