Title: Chapter 373, Florida Statutes, 1967 - Division of Geology, Topographic Mapping, Artesian Wells, Water Resources Law, Weather Modification
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 Material Information
Title: Chapter 373, Florida Statutes, 1967 - Division of Geology, Topographic Mapping, Artesian Wells, Water Resources Law, Weather Modification
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Language: English
Publisher: Florida Board of Conservation, Tallahassee, Florida
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Spatial Coverage: North America -- United States of America -- Florida
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Abstract: Jake Varn Collection - Chapter 373, Florida Statutes, 1967 - Division of Geology, Topographic Mapping, Artesian Wells, Water Resources Law, Weather Modification (JDV Box 43)
General Note: Box 18, Folder 5 ( Pamphlets, Books, Articles, etc - 1960s & 1970s ), Item 6
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004222
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
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Full Text







CHAPTER 373


FLORIDA STATUTES, 1967









DIVISION OF GEOLOGY
TOPOGRAPHIC MAPPING
ARTESIAN WELLS
WATER RESOURCES LAW
WEATHER MODIFICATION


Florida Board of Conservation
Tallahassee, Florida






Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.: ETC.


CHAPTER 373
STATE BOARD OF CONSERVATION; GEOLOGICAL DEPARTMENT; WATER
RESOURCES DIVISION; WEATHER MODIFICATION


373.011
373.012
373.021

373.031
373.041

373.051
373.061
373.071
373.072
373.081
373.091
373.101

373.131

373.141


Geological department.
Topographic mapping.
Definitions, 373.031-373.061; artesian
wells.
Artesian wells; flow regulated.
Artesian wells; penalties for viola-
tion.
Procedure where artesian wells are not
capped.
Certain artesian wells exempt.
Water resources law.
Declaration of policy.
Definitions.
Exemptions.
Purpose; preservation of existing
rights and specific limitations.
General powers and duties of divi-
sion.
Authorization for capture, storage,
and use of water.


373.142 Water regulatory districts.
373.143 Presentation of petitions.
373.144 Water regulatory district; governing
board.
373.151 Hearing; notice; record.
373.171 Rules and regulations.
373.172 State water resources appeal board;
review of orders of local boards
in adversary proceedings.
373.173 Judicial review.
373.174 Board; supervisory power over reg-
ulatory districts.
373.181 Conduct of hearings, witnesses.


373.011 Geological department.-
(1) PERSONNEL.-The board shall through
the director of the division of geology employ
such suitable persons, as in the judgment of
the board may be necessary to conduct the
geological survey of the state.
(2) DISBURSEMENTS; SURVEY EX-
PENSES.-For the purpose of expeditiously
and thoroughly carrying out the geological
survey, there shall be included a sufficient
appropriation in the biennial general appro-
priations act. The comptroller shall, upon the
requisition of the geological department, when
approved by the governor, draw his warrant
on the treasurer for the amount so appropri-
ated in such sums as may be needed from time
to time for the purpose of said survey as herein
set forth; and for all such expenditures, the
consent and approval of the governor shall be
obtained, and the vouchers for all such expendi-
tures made from this fund shall be filed with
the comptroller; a statement of his receipts
and expenditures shall be printed in such an-
nual report of the geological department. The
amount annually appropriated, or so much
thereof as may be necessary, shall be expended
for the salaries and for the contingent expenses
of the survey, including compensation of all


373.182 Water regulatory districts; costs of
organizing and administering.
373.191 County water conservation projects.
373.192 Annual conference on water resources
development programs.
373.193 Southeast river basins resources ad-
visory board.
373.194 Salt water barrier line.
373.195 Penalty.
373.201 Power to enforce.
373.211 Enforcement; city and county officers
to assist.
373.221 Maintenance of actions.
373.231 Flood control or drainage districts.
373.241 Penalties.
373.261 Definitions; weather modification law.
373.271 Purpose of weather modification law.
373.281 Artificial weather modification opera-
tion; license required.
373.291 Application for licensing; fee.
373.301 Proof of financial responsibility.
373.311 Issuance of license; suspension or
revocation; renewal.
373.321 Filing and publication of notice of
intention to operate; limitation on
area and time.
373.331 Contents of notice of intention.
373.341 Publication of notice of intention.
373.351 Proof of publication.
373.361 Record and reports of operations.
373.371 Emergency licenses.
373.381 Suspension or revocation of license;
appeal.
373.391 Penalty.

temporary and permanent assistance; traveling
expenses of the geological department, purchase
of materials or other necessary expenses for
outfit; expenses incurred in providing for the
transportation, arrangement and proper exhi-
bition of the geological and other collections
made under the provisions of this law, for post-
age, stationery and printing and the printing
and engraving of maps, and sections to illus-
trate the annual reports.
(3) DUTIES.-The geological department
of the board shall make annually to the gov-
ernor a report of the progress of its surveys
and explorations of minerals, water supply and
other natural resources of the state, and shall
include in such report full description of such
surveys and explorations, occurrences and lo-
cation of mineral and other deposits of value,
surface and subterranean water supply and
power and mineral waters, and the best and
most economical method of development, to-
gether with analysis of soils, minerals and
mineral waters, with maps, charts and drawings
of the same.
(4) COLLECTION OF GEOLOGICAL
SPECIMENS.-The geological department shall
make collections of specimens illustrating the
geological and mineral features of the state;


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Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC.


one suit of which shall be deposited in the of-
fice of the said geological department, at Talla-
hassee and duplicate suits in the libraries of
each of the state colleges; each suit shall be
correctly labeled for convenient use and study.
(5) NOTIFYING OWNER OF DEPOSITS
LOCATED.-The person in charge of the state
geological department and his assistants, when
they discover any mineral deposits, or other
substance of value shall notify the owner of
the land upon which such deposits occur.
Failure to notify the owner of such deposit
before disclosing the same to any other person
shall subject the person, so failing, to a fine
not exceeding one thousand dollars and im-
prisonment not exceeding six months.
(6) CHEMICAL ANALYSIS BY STATE
CHEMIST.-All chemical, analytical or assay
work shall be performed by the state chemist
and his assistants at the direction of the gov-
ernor upon request of the geological depart-
ment of the board.
History.-- 2, ch. 28145, 1953; (1) 84, ch. 61-231.
Note.--Similar provisions in former 8373.16-373.21 and 370.04.
cf.-j775.06, Alternative punishment.
373.012 Topographic mapping.-
(1) In order to accelerate topographic
mapping in this state by the United States
geological survey, the state road department is
hereby authorized and directed to set aside, to
pledge, and to make available annually out of
its state roads trust fund the sum of thirty thou-
sand dollars; and the trustees of the internal
improvement trust fund are hereby authorized
and directed to set aside, to pledge and to make
available annually out of the internal improve-
ment trust fund the sum of ten thousand dol-
lars; and the central and southern Florida flood
control district, out of its funds to be derived
out of the proceeds of special assessments of its
flood control taxes, is authorized and directed
to set aside, to pledge and to make available
annually such sum as may be required to meet
the needs for topographic mapping of areas af-
fecting said district. Such sums shall be de-
livered to the treasurer of the United States or
to other proper officer, to be applied by the
department of the interior, U. S. geological sur-
vey, as to said state road department and to
said trustees, toward the payment of not ex-
ceeding one-half the cost of standard topo-
graphic mapping in this state conducted by the
United States geological survey and as to said
flood control district to be applied toward the
payment of such proportion or part of such
cost as said district may determine. Provided,
however, that said sums authorized in this sec-
tion for the state road department and for the
trustees of the internal improvement trust fund
shall not prevent either of said agencies from
providing additional amounts for topographic
mapping of areas which either agency may con-
sider of priority status in the interest of said
agencies.
(2) To further accelerate the rate at which
topographic mapping may be carried on in
Florida, any state agency having funds avail-
able for the purpose, any county or drainage or


reclamation or flood control district organized
under the laws of this state, any person, firm
or corporation, is authorized to contribute to
the cost of such mapping by depositing with the
state road department such amounts as may be
determined to be applied in like manner toward
topographic mapping in this state as set forth
in subsection (1).
(3) The state road department of Florida,
the trustees of the internal improvement trust
fund of this state, and central and southern.
Florida flood control district are hereby author-
ized to make such arrangements or enter into
such agreements with the United States as may
be necessary to carry out the purposes of this
section.
(4) The trustees of the internal improve-
ment trust fund, as and when copies of topo-
graphic maps are made available to them, 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 ex-
amination by any interested person.
History.-81-4, ch. 57-775; (1), (3) 12, ch. 61-119; (4) 11, ch.
65-475.

373.021 Definitions, 373.031-373.061; ar-
tesian wells.-
(1) An artesian well is defined as an arti-
ficial hole in the ground. from which water
supplies may be obtained 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 penetrate any water bearing
beds that are a part of the artesian water sys-
tem of Florida, as determined by representa-
tives of the Florida geological survey or water
resources division.
(2) Waste is defined to be the causing, suf-
fering or permitting any water flowing from,
or being pumped from an artesian well to run
into any river, creek, or other natural water-
course or channel, or into any bay or pond
(unless used thereafter for the beneficial pur-
poses of irrigation of land, mining or other in-
dustrial purposes of domestic 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 be
used thereon for the beneficial purposes of the
irrigation thereof, industrial purposes, domes-
tic 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.
History.-3, 4, ch. 28253, 1953; (1) $1, ch. 59-248.
Note.-Formerly 8370.051.
373.031 Artesian wells; flow regulated.-
Every person, stock company, association or
corporation, county or municipality owning or
controlling the real estate upon which is lo-
cated a flowing artesian well in this state shall,
within ninety days after June 15, 1953, provide
each such well with a valve capable of con-


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Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.: ETC.


trolling the discharge from the well, and shall
keep the valve so adjusted that only a supply
of water shall be available as is necessary for
ordinary use by the owner, tenant, occupant
or person in control of the land for personal
use and on conducting his business. However,
if the water in a well is so highly mineralized
or otherwise of such poor quality that it is no
longer a usable water supply, as determined by
the division of water resources and conserva-
tion, then it shall be plugged in accordance
with the division's specifications for well plug-
ging.
History.-1l, ch. 28253, 1953; 1, ch. 65-460.
Note.-Formerly 1370.052.
373.041 Artesian wells; penalties for viola-
tion.-The owner, tenant, occupant or person
in control of an artesian well who shall allow
the same to flow continuously without a valve,
or mechanical device for checking or controll-
ing the flow, or shall permit the water to flow
unnecessarily, or shall pump a well unneces-
sarily, or shall permit the water from such well
to go to waste, shall be guilty of a misdemean-
or and subject to the penalties provided by law.
History.-2, ch. 28253, 1953.
Note.-Formerly 370.053.
cf.-775.07, Punishment for misdemeanors.
373.051 Procedure where artesian wells are
not capped.-
(1) Should it not be possible, after a rea-
sonable effort has been made by an agent of
the board of conservation to secure permission
from a landowner to go on, over, and upon said
landowner's property for the purpose of inves-
tigation pertaining to the water resources of
the state, then such agent is hereby granted
permission and authority to go on such land
when necessary so to do to make water surveys
and investigations, and that such entry under
the right hereby granted shall not constitute
trespass, and that such agent shall not by so
entering under the right hereby granted be lia-
ble to arrest or a civil action by reason of such
entry.
(2) Shoull any well be not provided with a
valve or plug as required in 373.031, or
should any well be allowed to flow in violation
of 373.041, then the division of water re-
sources and conservation through its author-
ized agents shall, upon being informed of the
fact, give notice to the owner to correct the de-
fect, and if the same be not corrected within
ten days thereafter, shall be authority to in-
stall the necessary valve, plug or cap upon the
well and control the flow therefrom in accord
with the provisions of 373.031 and 373.041.
(3) The cost of installation of the valve or
plug and the control of the flow from the wells
if made by the officials shall be at the expense
of the owner.
History.-5, ch. 28253, 1953; (1), (2) J2, ch. 59-248; 2, ch.
65-460.
Note.-Formerly 370.054.
373.061 Certain artesian wells exempt.-
Nothing in 373.021-373.051 shall be con-
strued to apply to an artesian well feeding a
lake already in existence prior to June 15, 1953,


which lake is used or intended to be used for
public bathing and/or the propagation of fish,
where the continuous flow of water is neces-
sary to maintain its purity for bathing and the
water level of said lake for fish.
History.-6, ch. 28253, 1953.
Note.-Formerly 370.055.
373.071 Water resources law.-S e c t i o n s
373.071 through 373.241 shall be known and
cited as the "water resources law."
History.-1, ch. 57-380.
373.072 Declaration of policy.-In view of
the rapid growth of population, agriculture,
industry, and other economic activities, the
water resources of the state must be pro-
tected, conserved, and controlled to assure
their reasonable and beneficial use in the
interest of the people of the state. There-
fore, it is declared to be the policy of the
state that:
(1) Waters in the state are a natural re-
source.
(2) The ownership, control of develop-
ment and use of waters for all beneficial
purposes is within the jurisdiction of the
state which in the exercise of its powers may
establish measures to effectuate the proper and
comprehensive utilization and protection of
the waters.
(3) The changing wants and constantly
increasing needs of the people of the state
may require the water resources of the state
to be put to beneficial uses to the extent
of which they are most reasonably capable
and therefore the waste and unreasonable
use of water should be prevented and the
conservation of water should be accomplished.
(4) The public welfare and interest of
the people of the state require the proper
development, wise use, conservation and pro-
tection of water resources together with the
protection of land resources affected thereby.
(5) Increasing diversion of surface and
subsurface water in certain parts of the
state is exceeding or threatening to ex-
ceed the natural replenishment of such wa-
ters and threatens to exhaust such waters
or to render them unfit for use by intrusion
of salt water, or from other causes. It is to the
interest of the citizens of the state to conserve
such waters by allocating their use in a fair
and equitable manner.
(6) The foregoing declarations of policy
shall not be construed to amend or modify
the provisions of 373.101.
History.-1l, ch. 63-336.
373.081 Definitions.-When appearing in
this law or in any rule or regulation adopted
pursuant thereto, the following words shall
mean:
(1) Board or state board-The state board
of conservation.
(2) Division-The division of water re-
sources and conservation.
(3) Local board-The governing board of


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Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC.


any water regulatory district created under the
authority of this chapter.
(4) Water management district-Any flood
control or water management district operating
under the authority of chapter 378.
(5) Water regulatory district-Any water
control body created under the authority of this
chapter.
(6) Beneficial use-A use of water, includ-
ing the method of diversion, storage, transpor-
tation, and application, that is reasonable and
consistent with property rights and with the
public interest in the proper utilization of wa-
ter resources, including, but not limited to,
domestic, agricultural, industrial, power, mu-
nicipal, navigational, fish and wildlife, and rec-
reational use.
(7) Water, or water resources-Surface
water excluding lakes or ponds completely sur-
rounded by land the title to which is vested in
a single owner or in two or more cotenants,
joint tenants or tenants by the entireties; and
ground water.
(8) Average minimum flow-When required
for the purposes of this law, the division shall
determine and establish the average minimum
flow for each month, January through Decem-
ber, for a given watercourse at a given point
thereon. The average minimum flow as used
in this law shall be the average of the five
lowest monthly mean discharge for each month,
January through December, occurring during
the past twenty years of natural flow. The de-
termination shall be based on available flow
data or in the absence of such data, it shall be
established by reasonable calculations by the
division of water resources and conservation
of the state board or its authorized agent.
(9) Average minimum level-When re-
quired for the purposes of this law, the division
shall determine and establish the average min-
imum level for a given lake. The average mini-
mum level as used in this law shall be the
average of the minimum thirty days lake water
level occurring during each of the five years of
lowest levels in the period of the preceding
twenty consecutive years. The determination
shall be based upon available lake level data,
supplemented when available by reasonable
calculations made by the division of water re-
sources and conservation or its authorized
agent.
(10) Mean low level-When required for the
purposes of this law, the division shall deter-
mine and establish the mean low level for
ground water at a given point. The mean low
level as used in this law shall be the level,
as determined by the division of water re-
sources and conservation, below which the low-
ering of the ground water level will cause ir-
reparable damage to adjacent landowners or
contamination of the water source. The deter-
mination shall be based on available ground
water level data, supplemented, when such data
are incomplete, by reasonable calculations
made by the division of water resources and
conservation or its authorized agent. Provided,
however, that said calculations as made by


the board of conservation or its agents shall
not be conclusive or carry any presumption but
said determination shall become conclusive un-
less contested in writing within sixty days after
notification.
History.-2, Ch. 57-380; J2, ch. 63-336; (2), (8)-(10) 81, ch.
65-409.
373.091 Ex emption s.-No provision of
373.081-373.241 shall apply to:
(1) Individual users of water for domestic
purposes or ordinary livestock consumption.
(2) That part of rivers or streams which
constitute the boundary of the state of Florida
or which may divide the lands of the state of
Florida from any other state.
(3) Control of water-borne wastes from
municipalities or industries.
History.-83, ch. 57-380.
373.101 Purpose; preservation of existing
rights and specific limitations.-The purposes
of this law are to implement the declared water
policy of this state by effecting the maximum
beneficial utilization, development and con-
servation of the water resources of the state
in the best interest of all its people and to pre-
vent the waste and unreasonable use of said
resources; however, the present property rights
of persons owning land and exercising existing
water rights appertaining thereto shall be
respected and such rights shall not be restrict-
ed without due process of law nor divested
without payment of just compensation; and
there shall be no authorization to divert water
from springs (or downstream therefrom), now
developed and operated for recreational pur-
poses or as tourist attractions, to a degree that
will materially interfere with such use.
History.-4, Ch. 57-380.
373.131 General powers and duties of divi-
sion.-The division shall have the following
general powers and duties:
(1) To conduct in cooperation with the divi-
sion of geology and other agencies a continuous
study by research and otherwise to determine
the most advantageous and best methods for
obtaining maximum beneficial utilization, de-
velopment and conservation of the water re-
sources of Florida and to make periodic reports
to the board of its findings and recommenda-
tions for transmission to the legislature.
(2) To collect, compile and analyze for its
use and guidance in administering the water
resources law of this state scientific and fac-
tual data from the United States geological
survey, the division of geology, the state board
of health, the agricultural experiment station,
the engineering and industrial experiment sta-
tion and other federal and state agencies, and
such state agencies are directed to cooperate
with the division or its agents in making avail-
able to it for this purpose such scientific and
factual data as they may have.
(3) To cooperate with water management
districts, county or other local governmental
organizations or agencies created by general,
special or local legislation for the purpose of


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Ch. 373 CONSERVATION: GEOLOGICAL: WATER RESOURCES DIV.: ETC.


utilizing and conserving the waters of this state
and to assist such organizations and agencies
in coordinating the use' of their facilities and
in an exchange of ideas, knowledge and data,
and such organizations and agencies are direct-
ed to cooperate with the division in accomplish-
ing this coordination and exchange.
(4) To prepare and provide for the dissem-
ination to the public of current and useful
information on the activities and findings of
the board and cooperating agencies.
(5) To determine and keep current by con-
tinuing study the areas of the state in which
salt water intrusion is a threat, or may become
a threat to the fresh water resources, and to
report its findings to boards of county commis-
sioners and to the public where such studies
are made.
History.-7, ch. 57-380; 17, ch. 61-231; (5) n. $1, ch. 63-210.
373.141 Authorization for capture, storage,
and use of water.-
(1) The board is empowered to authorize
the capture, storage and use of water of any
watercourse only in excess of average mini-
mum flow at the point of capture; to authorize
the capture, storage and use of water of any
lake only in excess of the average minimum
level; to authorize the capture, storage and
use of ground water only in excess of the mean
low level at the point of capture, except in
those instances where hydrologic studies indi-
cate that lowering the ground water level be-
low the mean low level at the point of capture
will not be detrimental to the water resources
of the state or cause irreparable damage to
other users, and to authorize the diversion of
such waters beyond riparian or overlying land;
provided that such capture, storage, use or di-
version of water from a surface or ground wa-
ter source will not interfere with the reason-
able uses existing at the time of the beginning
of the capture, storage, use or diversion.
(2) The board may authorize the govern-
ing body of any legally constituted district con-
cerned with the management of water to per-
form within the boundaries of said district any
of the activities which the board is empowered
to perform by subsection (1) of this section.
History.--8, ch. 57-380; J3, ch. 63-336; (1) 12, ch. 65-409.
373.142 Water regulatory districts.-
(1) The board may create or dissolve any-
where within the state, or any water manage-
ment district may create or dissolve within the
area subject to its jurisdiction, water regula-
tory districts as necessary to serve the purposes
of this law. No district shall be dissolved ex-
cept by the creating agency of such district.
No district shall be created or dissolved ex-
cept pursuant to notice and hearing. A hearing
may be called by the board or the water man-
agement district:
(a) Upon petition from the board of county
commissioners of any county or the boards of
county commissioners of any combination of
counties in this state as may be wholly or part-
ly within any area proposed to be established as
a district; or


(b) Upon petition signed by twenty-five per
cent of the freeholders of any territory pro-
posed to be established as a district, according
to the most recent list of registered freehold-
ers as disclosed by the records of the office of
the supervisor of elections of the counties af-
fected; or
(c) Upon a determination by the board or
water management district after investigation
that a necessity exists for such action.
(2) No district shall be created or dissolved
by the board or the board of a water manage-
ment district unless the necessity therefore to
accomplish the purposes set forth in 373.101
is established by a preponderance of evidence
at the hearing. The findings of fact on which
the action is based shall be set forth in an opin-
ion of the hearing officer.
(3) Any water regulatory district created
under the authority of this section shall con-
form as nearly as practicable to a hydrologi-
cally controllable area based on ground water
and recharge area with appropriate considera-
tion for surface water.
History.-4, ch. 63-336; J2, ch. 65-60.
373.143 Presentation of petitions.-Petitions
provided by 373.142(1) (a) and (b) shall be
presented to the governing body of the water
management district in the event the territory
comprising the proposed district lies within the
boundaries of a water management district;
otherwise, it shall be presented to the board.
Should the governing board of the water man-
agement district deny or elect not to consider
any petition presented to it under this section,
the petitioners may present the petition to the
state board.
History.-15, ch. 63-336.
373.144 Water regulatory district; govern-
ing board.-
S(1) In the event a water management dis-
trict after hearing held on petition presented
pursuant to 373.143, determines the need ex-
ists for the creation of the district, the govern-
ing board of the water regulatory district so
created may be either the governing board of
the water management district or any lesser
board or boards under its jurisdiction, as de-
termined by the water management district.
In the event that no appropriate lesser board
within the water management district is avail-
able, the governing board of the water manage-
ment district may request the governor to ap-
point a local board under the provisions of sub-
section (2) of this section. If the governing
board of a water regulatory district is a less-
er board, or a board appointed by the gover-
nor at the request of the water management
district, the rules, regulations, and orders of
such board shall be subject to the approval of
the governing board of the water management
district.
(2) In the event the state board after hear-
ing held on petition filed pursuant to 373.143
determines the need exists for the creation of
the water regulatory district petitioned, the


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Ch. 373







Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC.


governor shall appoint a local board for the
district consisting of five members who are res-
idents and freeholders of the district. Mem-
bers shall serve for terms of three years except
that the first board shall be appointed two for
three years, two for two years and one for one
year. Members of such local board shall serve
without compensation but shall be entitled to
receive actual traveling expenses, per diem as
provided by 112.061, and other actual expens-
es necessarily incurred in the performance of
official duties.
History.--5, ch. 63-336.
373.151 Hearing; notice; record.-
(1) Notice shall be published of any hear-
ing to be held as provided in 373.142 and
373.171, other than those described in subsec-
tion (2) of this section, once a week for two
weeks in a newspaper or newspapers published
in and having a general circulation in every
county in the district or proposed district. In
the event there is no newspaper published in
the appropriate county or counties, publica-
tion shall be made in a paper having general
circulation in the county or counties affected.
The notice shall state the purpose, time and
place of the hearing.
(2) In the case of any proceeding under
373.171, pursuant to which a local board is-
sues an order to a named person or persons,
natural or artificial, affecting such person's use
of water, rather than an order of general ap-
plicability and future effect, in lieu of the no-
tice provided in subsection (1), of this section
the local board shall give notices at least ten
days prior to such hearing to such person or
persons by personal service or registered or
certified mail, stating the time and place of
such hearing and the proposed action concern-
ing his use of water.
(3) All hearings pertaining to the creation
or dissolution of a water regulatory district
shall be held by the board or the water man-
agement district as the case may be, or by such
persons as the board or district may designate.
All hearings required by this law pertaining to
rules, regulations and orders shall be held by
the local board.
(4) Accurate records of the proceedings
had and all evidence introduced at all hearings
shall be preserved.
History.-9, ch. 57-380; 6, ch. 63-336.
373.171 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,
local boards by action not inconsistent with the
other provisions of this law and without im-
pairing property rights may:
(a) Establish rules, regulations, or orders,
affecting the use of water as conditions war-
rant, 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 ro-
tating uses of water, or by preventing those
uses which the local board finds have ceased
to be reasonable or beneficial.
(c) Make other rules, regulations, and or-
ders necessary for the preservation of the in-
terests of the public and of affected water
users.
(2) In promulgating rules and regulations
and issuing orders under this law the local
board shall act with a view to full protection
of the existing rights to water in this state in-
sofar as is consistent with the purpose of this
law.
(3) No rule, regulation or order shall re-
quire any modification of existing use or dis-
position of water in the district unless it is
shown that the use or disposition proposed to
be modified is detrimental to other water users
or to the water resources of the state.
(4) No rule or regulation, other than a rule
or regulation relating solely to the internal
management of any such board, and no order
shall be adopted, promulgated, issued, amend-
ed, or repealed except after a public hearing
pursuant to notice as provided in 373.151.
No rule or regulation shall be adopted, issued,
amended or repealed unless a need for such
action is shown by a preponderance of the evi-
dence presented at the public hearing.
(5) All rules and regulations adopted by
the local board shall be filed with the secre-
tary of state as provided in part 1, chapter
120. An information copy will be filed with the
division of water resources.
History.-i11, ch. 57-380; 8, ch. 63-336.
373.172 State water resources appeal board;
review of orders of local boards in adversary
proceedings.-
(1) There is hereby created a state water
resources appeal board consisting of five mem-
bers, residents of Florida, none of whom shall
be officers or employees of the state or any
county or municipality or any department, di-
vision or agency thereof, at least one of whom
is a qualified geologist with hydrological train-
ing or experience and one of whom is a quali-
fied engineer with hydrological training or ex-
perience, and one of whom is a member of the
Florida bar. Members of the board shall be ap-
pointed by the governor for terms of three
years, and he shall designate one of the mem-
bers so appointed as chairman; provided mem-
bers of the first board shall be appointed for
the following terms: one member, one year;
two members, two years; and two members,
three years.
(2) Members of the board shall serve with-
out compensation but shall be entitled to re-
ceive their actual travel, subsistence and lodg-
ing expenses incurred while performing their
official duties, provided said expense shall not
exceed the amount provided by 112.061, for
state officers and employees. Such expenses
shall be paid from funds appropriated for the
board of conservation and allocated to the di-
vision of administration of said board.


1875


r


Ch. 373


U


-----






Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC.


(3) (a) Any party aggrieved by the final
order of a local board entered in any proceed-
ing shall have the right to review of such order
by the appeal board created by this section.
(b) Such review may be had by, and only
by, filing a notice of appeal within sixty days
from and after the date of the entry of the
order appealed from. The notice of appeal shall
be filed with the director of the state board,
and copies sent to the local board and other
parties to the original proceeding. Within thir-
ty days after receipt of such notice, the local
board shall file with the appeal board a copy of
the record of the proceedings had before it,
and all the evidence introduced in such pro-
ceeding. This shall constitute the record on ap-
peal. A copy of the record on appeal shall be
provided all parties to the appeal upon pay-
ment by them to the local board of the reason-
able cost of such copy.
(c) The appeal board shall review the rec-
ord on appeal for the purpose of determining
whether the order entered by the local board
conforms with the provisions and purposes of
this act and that the order is in accordance
with the weight of the evidence. Any party to
the appeal, and the local board, may file written
briefs with the appeal board, and when any
party to the proceeding so requests may pre-
sent oral argument.
(d) On the basis of its review the appeal
board may affirm the order, modify the order,
rescind the order or remand the order to the
local board for further proceedings. When re-
manding the order to the local board for fur-
ther proceedings, the appeal board may re-
quest the appropriate division of the board of
conservation to furnish to the local board such
additional information and data as it deems
necessary for the determination of the matter
to be introduced in evidence and considered in
determining the matter.
History.-19, ch. 63-336.
373.173 Judicial review.-
(1) In the case of any action taken on the
basis of any proceeding conducted by the state
board, the governing board of a water manage-
ment district, or a local board, any person, nat-
ural or artificial, aggrieved by such action
shall have the right to appeal such decision
to the district court of appeals in which a ma-
jor portion of the regulatory district lies; pro-
vided that an appeal shall have been first taken
to the appeal board as provided in 373.172.
(2) Such review may be had by, and only
by, filing a notice of appeal within sixty days
from and after the date of the entry of the or-
der of the appeal board. The said notice of ap-
peal shall be filed with the director of the state
board and a copy of it filed with the clerk of
the district court to which returnable.
(3) The proceeding in court shall be con-
fined to an examination of the record of the
proceedings under this law, and no presump-
tion shall be indulged as to the correctness of
the action of any state board, appeals board or
local board hereunder in creating or dissolving
a water district or in adopting, repealing or


amending any rule or regulation or in deter-
mining the reasonableness thereof. The provi-
sions of chapter 59 shall be applicable to such
appeals insofar as the same may be applied.
The original record of the appeal board in the
cause may be transmitted to the court in ac-
cordance with the procedure set forth in 59.27
(4).
History.--10, ch. 63-336.
373.174 Board; supervisory power over reg-
ulatory districts.-The board of conservation ,
shall have gnal "o thnr A
tall e a Dr crnne ir a nd
the board of. conserva lon~iih ~^TB


may review an r u rM
gy a loca or
rescin Ma tKllf st
sure o ce wI d
purposes. o .
fHstory.-sl, ch. 63-336.
373.181 Conduct of hearings, witnesses.-
(1) For the purpose of any hearing author-
ized by this law the appropriate board is au-
thorized to administer oaths to witnesses and
to require the production of books, papers or
other documents; may issue subpoenas to
compel witnesses to testify and produce such
books, papers or other documents (excluding
financial records) in their possession as may
be in the opinion of said board relevant to any
hearing before it; said subpoenas to be served
by the sheriff of the county where the witness
resides or may be found. Such witnesses shall
be entitled to the same per diem and mileage as
witnesses appearing in the circuit court which
shall be paid by the board holding the hearing.
(2) If any person shall refuse to obey any
subpoena as issued or shall refuse to testify
or produce any books, papers or other docu-
ments required by the subpoena, the board con-
ducting the hearing may present its petition to
the circuit court of the county where any such
person is served with the subpoena, or where
he resides, setting forth the facts, and shall
deposit with said court when such subpoena is
issued in its behalf, the per diem and mileage to
secure the attendance of such witness; where-
upon the court shall issue its rule nisi to such
person requiring him to obey the same and un-
less the person shows sufficient cause for fail-
ing to obey the said subpoena, the court shall
direct such person to obey the same and upon
his refusal to comply, he shall be adjudged in
contempt of court and shall be punished as
the court may direct.
History.-112, ch. 57-380; 12, ch. 63-336.
373.182 Water regulatory districts; costs of
organizing and administering.-
(1) In the event a water regulatory district
is created within a water management district,
the cost and expenses incurred in organizing
and administering said regulatory district shall
be borne by the water management district or
its basins or subdistricts from moneys collected
by their existing taxing power.
(2) In the event a water regulatory district


1876


Ch 37


Ch .71







Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC.


is created outside of a water management dis-
trict the cost and expenses incurred in organiz-
ing and administering said regulatory district
shall be paid out of the water resources de-
velopment account of the board of conservation.
History.-- 13, ch. 63-336; (2) 4, ch. 65-287.
373.191 County water conservation pro-
jects.-The several counties of the state may
cooperate with the board 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 neces-
sary in connection with the development and
conservation of the county's water resources
consistent with the provisions of this law and
the rules and regulations adopted pursuant
thereto.
History.-13, Ch. 57-380.
373.192 Annual conference on water re-
sources development programs.-
(1) POLICY AND PURPOSE.-The purpose
of this act is to establish a method whereby all
agencies, commissions, districts, municipalities
and political subdivisons, which are eligible
to receive federal funds for such projects, may
join together in presenting a unified program
of water related public works in Florida for
federal cooperation or assistance. It is recog-
nized that recent efforts in unifying Florida
programs at the national level have met with
increasing success and this act is intended only
as a further implementation of these efforts.
It is urged that the governor's conference on
water resources developments and the conference
provided by this act be one and the same
conference.
(2) The board of conservation shall once
each year hold a conference on water resources
developmental programs. Each agency, com-
mission, district, municipality or political sub-
division of the state, responsible for a specific
water resource development program which
will require federal assistance, shall be given
an opportunity at such conference to present
its programs and projects and the needs there-
of.
(3) Upon the termination of the water con-
ference, it shall be the duty of the board of
conservation to select those projects for pres-
entation in the Florida program, which best
represents the public welfare and interest of
the people of the state as required for the prop-
er development, wise use, conservation and
protection of water resources with the protec-
tion of land resources affected thereby.
(4) Upon making the determination as set
forth in the above section, the board of con-
servation shall present to the appropriate com-
mittees of the federal government, a program
of public works for Florida, requesting author-
ization or funds for each project.
(5) Nothing contained in this act shall be
construed as limiting the powers and authori-
ties of any agency, commission, district, munic-
ipality or political subdivision of the state,
and nothing contained herein is intended to
prohibit or prevent any such group from in-


dividually presenting their own request for
federal assistance.
History.---5, ch. 63-307.
373.193 Southeast river basins resources
advisory board.-
(1) The governor of this state shall have
authority to appoint a representative of this
state to serve on the resources advisory board,
southeast river basins, as said board is now,
or may hereafter be, authorized, designated,
and constituted. This power of appointment
shall include the authority to fill vacancies in
the position of representative of this state on
said board from whatever cause existing and,
from time to time, to make appointments 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
112.061.
(3) For the purpose of paying Florida's pro
rata share of the expense of maintaining and
operating the resources Advisory Board, South-
east River Basins, the Board of Conservation
may expend an amount not in excess of twenty-
five thousand dollars per annum out of moneys
allocated the Division of Administration of the
Board of Conservation.
(4) The resources advisory board, southeast
river basins, is hereby authorized to enter into
whatever agreement or agreements are neces-
sary for the purpose of extending old-age and
survivors insurance coverage to the employees
of said board. Funds appropriated to or avail-
able to said board may be expended for such
purpose. The board is hereby authorized to take
whatever action or actions deemed necessary
to provide the aforesaid coverage.
History.-1-3, ch. 63-407; I1, ch. 65-510; 81, ch. 67-595.
373.194 Salt water barrier line.-
(1) The board may, at the request of the
board of county commissioners of any county,
at the request of the governing board of any
water management district, or any municipality
or water district responsible for the protection
of a public water supply, or, having deter-
mined by adoption of an appropriate resolution
that salt water intrusion has become a matter
of emergency proportions, by its own initiative,
establish generally along the seacoast, inland
from the seashore and within the limits of the
area within which the petitioning board has
jurisdiction, a salt water barrier line inland of
which no canal shall be constructed or en-
larged, and no natural stream shall be deepened
or enlarged, which shall discharge into tidal
waters without a dam, control structure or
spillway at or seaward of the salt water bar-
rier line, which shall prevent the movement of
salt water inland of the salt water barrier line.
Provided, however, that the board of conser-
vation is authorized, in cases where salt water
intrusion is not a problem, to waive the re-
quirement of a barrier structure by specific
permit to construct a canal crossing the salt
water barrier line without a protective device


1877


Ch. 373


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






Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC.


and provided, further that the agency petition-
ing for the establishment of the salt water bar-
rier line shall concur in the waiver.
(2) Application by a board of county com-
missioners or by the governing board of a wa-
ter management district, a municipality or a
water district for the establishment of a salt
water barrier line shall be made by adoption
of an appropriate resolution, agreeing to:
(a) Reimburse the board of conservation
the cost of necessary investigation, including,
but not limited to, subsurface exploration by
drilling, to determine the proper location of
the salt water barrier line in that county or in
all or part of the district over which the ap-
plying agency has jurisdiction.
(b) Require compliance with the provisions
of this law by county or district forces under
their control; by those individuals or corpo-
rations filing plats for record and by indi-
viduals, corporations or agencies seeking au-
thority to discharge surface or subsurface
drainage into tidal waters.
(3) The board of county commissioners of
any county or the governing board of any wa-
ter management district, municipality or water
district desiring to establish a salt water bar-
rier line is authorized to reimburse the board
of conservation for any expense entailed in
making an investigation to determine the prop-
er location of the salt water barrier line, from
any funds available to them for general ad-
ministrative purposes.
(4) No final order establishing a salt water
barrier line shall be adopted by the board until
a public hearing shall be held as provided in
373.151(1), and the evidence presented at the
hearing shall be given consideration in deter-
mining the location of the salt water barrier
line.
(5) The board of conservation, any board
of county commissioners, and the governing
board of any water management district, mu-
nicipality or water district having competent
jurisdiction over an area in which a salt water
barrier is established shall be charged with the
enforcement of the provisions of this section,
and authority for the maintenance of actions
set forth in 373.221, shall apply to this section.
(6) The provisions of 373.191 shall apply
specifically to the authority of the board of
county commissioners, or to the governing
board of a water management district, a mu-
nicipality or a water district having jurisdic-
tion over an area in which a salt water barrier
line is established, to expend funds from what-
ever source may be available to them for the
S purpose of constructing salt water barrier
dams, dikes and spillways within existing ca-
nals and streams in conformity with the pur-
pose and intent of the board in establishing the
salt water barrier line.
Sistory.-52, ch. 63-210.
373.195 Penalty.-Any person, real or arti-
ficial, 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 established salt water barrier line. shall
be guilty of a misdemeanor punishable by a
fine of not more than $100.00 provided that
each day such movement of salt water shall
continue, shall constitute a separate offense of
the provisions of this law.
History.-S3, ch. 63-210.
373.201 Power to enforce.-The state board,
the governing board of any water management
district within which a water regulatory dis-
trict is located, any local board, and any officer
or agent of these boards may enforce any pro-
vision of this law or any rule or regulation
adopted and promulgated or order issued there-
under to the same extent as any peace officer
is authorized to enforce the law. Any officer or
agent of any such board may appear before
any magistrate empowered to issue warrants
in criminal cases and make an affidavit and ap-
ply for the issuance of a warrant in the manner
provided by law and said magistrate, if such
affidavit shall allege the commission of an of-
fense, shall issue a warrant directed to any
sheriff, deputy, or constable for the arrest of
any offender.
History.-14, ch. 57-380; 514, oh. 63-336.
373.211 Enforcement; city and county of-
ficers to assist.-It shall be the duty of every
state and county attorney, sheriff, constable,
police officer and other appropriate city and
county officials, upon request, to assist the
board, the governing board of any water man-
agement district, or any local board, or any of
their agents in the enforcement of the provi-
sions of this law and the rules and regulations
adopted thereunder.
Nstory.--15, ch. 57-380; 15., oh. 63-338.
373.221 Maintenance of actions.-The board,
the governing board of any water management
district, or any local board is authorized to
commence and maintain proper and necessary
actions and proceedings in any court of com-
petent jurisdiction for any of the following
purposes:
(1) To enforce rules, regulations and or-
ders adopted or issued pursuant to this law.
(2) To enjoin or abate violations of the pro-
visions of this law or rules, regulations and
orders adopted pursuant thereto.
(3) To protect and preserve the water re-
sources of the state.
(4) To defend all actions and proceedings
involving its powers and duties pertaining to
the water resources of the state.
Hitory.--16, ch. 57-380; (16, ch. 63-336.
373.231 Flood control or drainage dis-
tricts.-The division of water resources shall
have authority to perform all functions set
forth under this chapter within the boundaries
of any flood control or water management dis-
trict created under the authority of chapter
378; provided, however, that the department
shall not exercise authority over such districts
with respect to their management, operation or
maintenance.
Hlstory.-517, ch. 57-380; t, ch. 61-156.


1878


Ch. 373







Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC.


373.241 Penalties.-Any person who violates
any provision of this law or any rule, regulation
or order adopted or issued pursuant thereto
is guilty of a misdemeanor and upon conviction
shall be subject to punishment by imprison-
ment, not exceeding 6 months or fine not ex-
ceeding $500.00 or both.
History.-118, ch. 57-380.
373.261 Definitions; weather modification
law.-As used in this chapter relating to
weather modification:
(1) "Board" means the state board of con-
servation.
(2) "Person" includes any public or private
corporation.
History.-1, ch. 57-128.
cl.-8370.02(4) Division of administration.
373.271 Purpose of weather modification
law.-The purpose of this law is to promote
the public safety and welfare by providing for
the licensing, regulation and control of inter-
ference by artificial means with the natural
precipitation of rain, snow, hail, moisture or
water in any form contained in the atmosphere.
History.-2, ch. 57-128.
373.281 Artificial weather modification op-
eration; license required.-No person without
securing a license from the board, shall cause
or attempt to cause by artificial means conden-
sation or precipitation of rain, snow, hail,
moisture or water in any form contained in the
atmosphere, or shall prevent or attempt to
prevent by artificial means the natural conden-
sation or precipitation of rain, snow, hail, mois-
ture or water in any form contained in the
atmosphere.
History.-13, ch. 57-128.
373.291 Application for licensing; fee.-
(1) Any person desiring to do or perform
any of the acts specified in 373.281 may file
with the board an application for a license on
a form to be supplied by the board for such
purpose setting forth all of the following:
(a) The name and post office address of the
applicant.
(b) The education, experience and qualifi-
cations of the applicant, or if the applicant is
not an individual, the education, experience
and qualifications of the persons who will be in
control and in charge of the operation of the
applicant.
(c) The name and post office address of the
person on whose behalf the weather modifi-
cation operation is to be conducted if other
than the applicant.
(d) The nature and object of the weather
modification operation which the applicant pro-
poses to conduct, including a general descrip-
tion of such operation.
(e) The method and type of equipment and
the type and composition of materials that
the applicant proposes to use.
(f) Such other pertinent information as the
board may require.
(2) Each application shall be accompanied


by a filing fee in the sum of one hundred dol-
lars and proof of financial responsibility as
required by 373.301.
History.-14, ch. 57-128.
373.301 Proof of financial responsibility.-
(1) No license shall be issued to any person
until he has filed with the board proof of
ability to respond in damages for liability on
account of accidents arising out of the weather
modification operations to be conducted by him
in the amount of ten thousand dollars because
of bodily injury to or death of one person re-
sulting from any one incident, and subject to
said limit for one person, in the amount of one
hundred thousand dollars because of bodily
injury to or death of two or more persons
resulting from any one incident, and in the
amount of one hundred thousand dollars be-
cause of injury to or destruction of property
of others resulting from any one incident.
(2) Proof of financial responsibility may
be given by filing with the board a certificate
of insurance or a bond in the required amount.
History.-15, ch. 57-128.
373.311 Issuance of license; suspension or
revocation; renewal.-
(1) The board shall issue a license to each
applicant who:
(a) By education, skill and experience ap-
pears to be qualified to undertake the weather
modification operation proposed in his applica-
tion.
(b) File proof of his financial responsibility
as required by 373.301.
(c) Pays filing fee required in 373.291.
(2) Each such license shall entitle the li-
censee to conduct the operation described in
the application for the calendar year for which
the license is issued unless the license is sooner
revoked or suspended. The conducting of any
weather modification operation or the use of
any equipment or materials other than those
described in the application shall be cause for
revocation or suspension of the license.
(3) The license may be renewed annually
by payment of a filing fee in the sum of fifty
dollars.
History.-- 6, ch. 57-128.
373.321 Filing and publication of notice of
intention to operate; limitation on area and
time.-Prior to undertaking any operation au-
thorized by the license, the licensee shall file
with the board and cause to be published a
notice of intention. The licensee shall then con-
fine his activities substantially within the time
and area limits set forth in the notice of inten-
tion.
istory.-7, ch. 57-128.
373.331 Contents of notice of intention.-
The nature of intention shall set forth all of
the following:
(1) The name and post office address of
the licensee.
(2) The name and post office address of the
persons on whose behalf the weather modifica-


1879


I


MEMMIMMEMMEN-


Ch. 373







Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC.


tion operation is to be conducted if other than
the licensee.
(3) The nature and object of the weather
modification operation which licensee proposes
to conduct, including a general description of
such operation.
(4) The method and type of equipment and
the type and composition of the materials the
licensee proposes to use.
(5) The area in which and the approximate
time during which the operation will be con-
ducted.
i (6) The area which will be affected by the
operation as nearly as the same may be deter-
mined in advance.
History.-8, ch. 57-128.
373.341 Publication of notice of intention.-
The licensee shall cause the notice of intention
to be published at least once a week for two
consecutive weeks in a newspaper having gen-
eral circulation and published within any coun-
ty wherein the operation is to be conducted
and in which the affected area is located, or if
the operation is to be conducted in more than
one county or if the affected area is located in
more than one county or is located in a county
other than the one in which the operation is
to be conducted, then such notice shall be
published in like manner in a newspaper hav-
ing a general circulation and published within
each of such counties. In case there is no
newspaper published within the appropriate
county, publication shall be made in a news-
paper having a general circulation within the
county.
History.-9, ch. 57-128.
373.351 Proof of publication.-Proof of pub-
lication shall be filed by the licensee with the
board fifteen days from the date of the last
publication of notice. Proof of publication shall
be by copy of the notice as published, attached
to and made a part of the affidavit of the
publisher or foreman of the newspaper publish-
ing the notice.
History.--10. ch. 57-128.
373.361 Record and reports of operations.-
(1) Each licensee shall keep and maintain
a record of all operations conducted by him
pursuant to his license showing the method
employed, the type and composition of mate-
rials used, the times and places of operation,
S the name and post office address of each per-
son participating or assisting in the operation


other than licensee and such other information
as may be required by the board and shall re-
port the same to the board at such times as
they may require.
(2) The records of the board and the reports
of all licensees shall be available for public
examination.
History.--11, ch. 57-128.
373.371 Emergency licenses.-Notwithstand-
ing any provisions of this act to the contrary,
the board may grant a license permitting a
weather modification operation without com-
pliance by the licensee with the provisions of
373.331-373.351, and without publication of
notice of intention as required by 373.321 if
the operation appears to the board to be neces-
sary or desirable in aid of the extinguishment
of fire, dispersal of fog or other emergency.
History.-12, ch. 57-128.
373.381 Suspension or revocation of license;
appeal.-
(1) Any license may be revoked or sus-
pended if the board finds, after due notice to
the licensee and a hearing therein, that the
licensee has failed or refused to comply with
any of the provisions of this act.
(2) Any licensee may apply to the circuit
court for the county of Leon to review any or-
der of the board within the time provided by
the Florida appellate rules. The review shall
be by certiorari in the manner prescribed by
the Florida appellate rules.
(3) Either the board or the licensee may
appeal from the order or decree of the circuit
court to the appropriate district court of ap-
peal in the same manner appeals may be taken
in suits in equity.
History.--13, ch. 57-128; (2) 21, ch. 63-512.
373.391 Penalty.-Any person conducting a
weather modification operation without first
having procured a license, or who shall make
a false statement in his application for license,
or who shall fail to file any report or reports
as required by this act, or who shall conduct
any weather modification operation after rev-
ocation or suspension of his license, or who
shall violate any other provision of this act,
shall be guilty of a misdemeanor and upon
conviction therefore shall be fined not more
than $1,000, or imprisoned not more than 60
days, or both; and if a corporation, shall be
fined not more than $1,000. Each such violation
shall be a separate offense.
History.-14, ch. 57-128.


1880


Ch. 373




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