September 24, 1973
KEY WORDS: Ao-1
TO: LMB 373 ph 3
RE: Basin Board Membership
[A] There is currently a conflict in the statutes concerning the
term of-office for basin board members in the SWFWMD. This con-
flict should be resolved in favor of the more recent statute
which establishes their terms at three (3) years.
Originally basin board members were given three (3) year
terms. (Ch. 61-691, 5 Fla. Laws) In 1972, 13 of Part I of
Ch. 72-299, Fla. Laws apparently changed their terms to four (4)
years. In 1973, paragraph 7 was added to 12 of Part I of the
1972 Florida Water Resources Act. (See Ch. 73-190, Fla. Laws)
This paragraph gives basin board members three (3) year terms.
However, B of Part I was never repealed or amended so as to be
consistent with the 1973 legislation.
Because these two provisions conflict with each other so
completely and cannot, in my opinion, be construed in harmony
together, the doctrine of repeal by implication should be used to
resolve the conflict in favor of the more recent statute.
30 Fla. Jur., Statutes 152
Routh V. Richards (1931)
103 Fla. 752, 138 So. 69.
See Sweet v. Josephson (1965)
(173 So. 2d 444) for prerequisites
to application of doctrine of
repeal by implication.
[B] There appears to be no requirement in the 1973 amendment to
the Fla. Water Resources Act of 1972 for reorganization of the var-
ious basin boards in the SWFWMD.
The provisions of Ch. 73-190 Fla. Laws, relating to the officers
and the terms of their office within the various basin boards,
reaffirm without change the earlier provisions of Ch. 61-691, Fla.
Laws. Compare paragraphs 7 & 10 of 12 of Part I, Ch. 73-190,
Fla. Laws and paragraphs 5 & 7 of 5 of Ch. 61-691, Fla. Laws.
December 9, 1976 S -66
RE: Basin Board Membership
Section 373.0693(2) provides that each basin board shall
be composed of not less than three members but shall
include one representative from each of the counties within
Section 5(4), Ch. 61-691, provides that watershed basins
wholly contained in one county shall have a board of
Section 5(3) provides that basins including all or a part of
two counties only shall have a board of three members.
Section 5(2) provides that each watershed basin shall have
a board composed of one representative from each of the
Chapter 61-691 controls, in so far as it relates to SWFWMD,
except where specifically modified by act of the legislature.
When the Water Resources Act was originally enacted in 1972,
it contained a provision which was codified as Section 373.073(1)(a),
Florida Statutes, which increased the length of terms of future
basin board members for SWFWMD from three to four years upon
expiration of current terms. It also stated: "the residency
requirements prescribed in Ch. 61-691, Laws of Florida,
shall continue to apply to all subsequent appointments." This
would apply to both governing board and basin board members.
Section 373.0693(3), Florida Statutes, which was enacted as
part of Ch. 73-190, Laws of Florida, provides that basin board
members shall serve for three year terms. The general rule is
that a later enacted statute controls where there is a direct
conflict between two laws, thus the three year term provision
would be controlling.
Section 6 of Ch. 76-243, Laws of Florida, substantially amends
Section 373.073 and strikes subparagraph (1)(a), entirely,
thereby deleting all reference to the four year term for SWFWMD
basin board members as well as the reference to residency
requirements prescribed in Ch. 61-691.
This then leavesthe following laws still on the books:
Section 373.0693(2) and (3), Florida Statutes
states that each basin board shall be composed
of not less than three members, but shall
_ ____ _~ __
include one representative from each of the 7 3'7
included counties in the basin and each mem-
ber shall serve for a period of three years
or until his successor is appointed.
Section 5(2), (3), (4) and (5), Ch. 61-691, Laws
provides that basin boards shall be composed
of one representative from each of the
included counties, that basins which include
all or a part of two counties only shall have
a board of three members, and basins wholly
contained in one county shall have a board
of three members, and that the various board
members shall serve for periods of three years
or until their successors are appointed.
Section 373.0693(7), Florida Statutes
provides that the members of the Manasota
Basin of the Ridge and Lower Gulf Coast
District shall become members of the
governing board of the Manasota Basin of
the Southwest District. Currently, there are
five members of this basin board. Therefore,
these five members would become members of
the basin board of the newly constituted
Manasota Basin when it becomes part of SWFWMD.
However, in the future, the basin board
membership of the Manasota Basin would be
limited by the provisions of Ch. 61-691,
resulting in a three member board after
attrition takes its toll.