Title: Water Resources, Chap. 373, Water Resources - State Water Resource Plan, Permitting of Consumptive Uses of Water, Regulation of Wells, Management and Storage of Surface Waters, Finance and Taxation and Miscellaneous Provisions
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00004479/00001
 Material Information
Title: Water Resources, Chap. 373, Water Resources - State Water Resource Plan, Permitting of Consumptive Uses of Water, Regulation of Wells, Management and Storage of Surface Waters, Finance and Taxation and Miscellaneous Provisions
Physical Description: Book
Language: English
Publisher: F.S. 1981 Water Resources Ch. 373
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Water Resources, Chap. 373, Water Resources - State Water Resource Plan, Permitting of Consumptive Uses of Water, Regulation of Wells, Management and Storage of Surface Waters, Finance and Taxation and Miscellaneous Provisions (JDV Box 86)
General Note: Box 22, Folder 4 ( Court Cases in The State Of Florida - 1982 ), Item 5
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004479
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text





FS. 1981 WATER RESOURCES Ch a73


CHAPTER 373
WATER RESOURCES
PART I STATE WATER RESOURCE PLAN (ss. 373.012-373.197)
PART II PERMITTING OF CONSUMPTIVE USES OF WATER
(as. 373.203-373.249)
PART III REGULATION OF WELLS (ss. 373.303-373.342)
PART IV MANAGEMENT AND STORAGE OF SURFACE WATERS
(ss. 373.403-373.443)
PART V FINANCE AND TAXATION (ss. 373.495-373.59)
PART VI MISCELLANEOUS PROVISIONS (as. 373.603-373.617)


PART I


STATE WATER RESOURCE PLAN
373.012 Topographic mapping.
373.013 Short title.
373.016 Declaration of policy.
373.019 Definitions.
373.023 Scope and application.
373.026 General powers and duties of the depart-
ment.
373.029 Southeast River Basins Resources Advi-
sory Board.
373.033 Saltwater barrier line.
373.036 State water use plan.
373.039 Florida water plan.
373.042 Minimum flows and levels.
373.043 Adoption and enforcement of regulations
by the department.
373.044 Rules and regulations; enforcement.
373.046 Interagency agreements.
373.047 Cooperation between districts.
373.056 State agencies, cities, etc., authorized to
convey land to flood control districts.
373.069 Creation of water management districts.
373.0691 Transfer of areas.
373.0693 Basins; basin boards.
373.0695 Duties of basin boards; authorized expen-
ditures.
373.0697 Basin taxes.
373.073 Governing board.
373.076 Vacancies in the governing board; remov-
al from office.
373.079 Members of governing board; oath of of-
fice; staff.
373.083 General powers and duties of the govern-
ing board.
373.084 District works, operation by other govern-
mental agencies.
373.085 Use of works by other districts.
373.086 Providing for district works.
373.087 District works using aquifer for storage
and supply.
373.089 Sale of lands.
373.093 Lease of lands or interest in land.
373.096 Releases.
373.099 Execution of instruments.


373.103 Powers which may be vested in the gov-
erning board at the department's dis-
cretion.
373.106 Permit required for construction involv-
ing underground formation.
373.107 Citation of rule.
373.109 Permit application fees.
373.113 Adoption of regulations by the governing
board.
373.114 Land and Water Adjudicatory Commis-
sion; review of district policies, rules,
and orders.
373.116 Procedure for water use and impound-
ment construction permit applications.
373.117 Certification by professional engineer.
373.119 Administrative enforcement procedures;
orders.
373.123 Penalty.
373.129 Maintenance of actions.
373.136 Enforcement of regulations and orders.
373.139 Acquisition of real property.
373.146 Publication of notices, process, and pa-
pers.
373.149 Existing districts preserved.
373.171 Rules and regulations.
373.175 Declaration of water shortage; emergency
orders.
373.191 County water conservation projects.
373.196 Legislative findings.
373.1961 Water production.
373.1962 Regional water supply authorities.
373.1963 Assistance to West Coast Regional Water
Supply Authority.
373.1965 Kissimmee River Valley and Taylor
Creek-Nubbins Slough Basin; coordi-
nating council on restoration; project
implementation.
373.197 Kissimmee River Valley and Taylor
Creek-Nubbins Slough Basin restora-
tion project; measures authorized.

373.012 Topographic mapping.-
(1) In order to accelerate topographic mapping in
this state by the United States Geological Survey, the
Department of Transportation is hereby authorized
and directed to set aside, to pledge, and to make


F.S. 1981


WATER RESOURCES


Ch- 7.1










Ch. 373 WATER RESOURCES P.S. 1981


available annually out of its State Transportation
Trust Fund the sum of $30,000; and the Board of
Trustees of the Internal Improvement Trust Fund is
hereby authorized and directed to set aside, to pledge
and to make available annually out of the Land Ac-
quisition Trust Fund the sum of $10,000; and the
South Florida Water Management District out of its
funds to be derived out of the proceeds of special as-
sessments 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 affecting said
district. Such sums shall be delivered to the Treasur-
er of the United States or to other proper officer, to
be applied by the Department of the Interior, U. S.
Geological Survey, as to said Department of Trans-
portation and to said Board of Trustees of the Inter-
nal Improvement Trust Fund, toward the payment of
not exceeding one-half the cost of standard topo-
graphic mapping in this state conducted by the Unit-
ed States Geological Survey and as to said flood con-
trol 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 autho-
rized in this section for the Department of Transpor-
tation and for the Board of 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 consider of priority status in the interest of said
agencies.
(2) To further accelerate the rate at which topo-
graphic mapping may be carried on in Florida, any
state agency having funds available for the purpose,
any county or drainage or reclamation or flood con-
trol district organized under the laws of this state,
any person, firm or corporation, is authorized to con-
tribute to the cost of such mapping by depositing
with the Department of Transportation 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 Department of Transportation, the
Board of Trustees of the Internal Improvement
Trust Fund of this state, and the South Florida Wa-
ter Management District are hereby authorized to
make such arrangements or enter into such agree-
ments with the United States as may be necessary to
carry out the purposes of this section.
(4) The Board of Trustees of the Internal Im-
provement Trust Fund, as and when copies of topo-
graphic maps are made available to it, shall file such
maps in the same manner as other maps and plats of
land surveys by the United States, and the maps
shall be available for examination by any interested
person.
History.-ss. 1, 2, 3. 4. ch. 57-775; s. 2. ch. 61-119; s. 1, ch. 65-475; as. 23, 27,
35. ch. 69-106; as. 2, 3. ch. 73-57: a. 35. ch. 79-65.

373.013 Short title.-This chapter shall be
known as the "Florida Water Resources Act of 1972."
History.-s. 1. pan I, ch. 72-299.

373.016 Declaration of policy.-
(1) The waters in the state are among its basic re-


sources. Such waters have not heretofore been con-
served or fully controlled so as to realize their full
beneficial use.
(2) It is further declared to be the policy of the
Legislature:
(a) To provide for the management of water and
related land resources;
(b) To promote the conservation, development,
and proper utilization of surface and ground water;
(c) To develop and regulate dams, impound-
ments, reservoirs, and other works and to provide wa-
ter storage for beneficial purposes;
(d) To prevent damage from floods, soil erosion,
and excessive drainage;
(e) To preserve natural resources, fish and wild-
life;
(f) To promote recreational development, protect
public lands, and assist in maintaining the navigabili-
ty of rivers and harbors; and
(g) Otherwise to promote the health, safety, and
general welfare of the people of this state.
(3) The Legislature recognizes that the water re-
source problems of the state vary from region to re-
gion, both in magnitude and complexity. It is there-
fore the intent of the Legislature to vest in the De-
partment of Environmental Regulation or its succes-
sor agency the power and responsibility to accom-
plish the conservation, protection, management, and
control of the waters of the state and with sufficient
flexibility and discretion to accomplish these ends
through delegation of appropriate powers to the vari-
ous water management districts. The department
may exercise any power herein authorized to be exer-
cised by a water management district; however, to
the greatest extent practicable, such power should be
delegated to the governing board of a water manage-
ment district.
History.-s. 2, part I, ch. 72-299; s. 36, ch. 79-65.

373.019 Definitions.-When appearing in this
chapter or in any rule, regulation, or order adopted
pursuant thereto, the following words shall, unless
the context clearly indicates otherwise, mean:
(1) "Department" means the Department of En-
vironmental Regulation or its successor agency or
agencies.
(2) "Water management district" means any flood
control, resource management, or water management
district operating under the authority of this chapter.
(3) "Governing board" means the governing board
of a water management district.
(4) "Reasonable-beneficial use" means the use of
water in such quantity as is necessary for economic
and efficient utilization for a purpose and in a man-
ner which is both reasonable and consistent with the
public interest.
(5) "Person" means any and all persons, natural
or artificial, including any individual, firm, associa-
tion, organization, partnership, business trust, corpo-
ration, company, the United States of America, and
the state and all political subdivisions, regions, dis-
tricts, municipalities, and public agencies thereof.
The enumeration herein is not intended to be exclu-
sive or exhaustive.


Ch. 373


WATER RESOURCES


F.S. 1981










F.S. 1981 WATER RESOURCES Ch. 373


(6) "Domestic use" means any use of water for in-
dividual personal needs or for household purposes
such as drinking, bathing, heating, cooking, or sanita-
tion.
(7) "Nonregulated use" means any use of water
which is exempted from regulation by the provisions
of this chapter.
(8) "Water" or "waters in the state" means any
and all water on or beneath the surface of the ground
or in the atmosphere, including natural or artificial
watercourses, lakes, ponds, or diffused surface water
and water percolating, standing, or flowing beneath
the surface of the ground, as well as all coastal waters
within the jurisdiction of the state.
(9) "Ground water" means water beneath the sur-
face of the ground, whether or not flowing through
known and definite channels.
(10) "Surface water" means water upon the sur-
face of the earth, whether contained in bounds creat-
ed naturally or artificially or diffused. Water from
natural springs shall be classified as surface water
when it exits from the spring onto the earth's surface.
(11) "Stream" means any river, creek, slough, or
natural watercourse in which water usually flows in a
defined bed or channel. It is not essential that the
flowing be uniform or uninterrupted. The fact that
some part of the bed or channel shall have been
dredged or improved does not prevent the water-
course from being a stream.
(12) "Other watercourse" means any canal, ditch,
or other artificial watercourse in which water usually
flows in a defined bed or channel. It is not essential
that the flowing be uniform or uninterrupted.
(13) "Coastal waters" means waters of the Atlan-
tic Ocean or the Gulf of Mexico within the jurisdic-
tion of the state.
(14) "Impoundment" means any lake, reservoir,
pond, or other containment of surface water occupy-
ing a bed or depression in the earth's surface and
having a discernible shoreline.
(15) "Works of the district" means those projects
and works, including, but not limited to, structures,
impoundments, wells, streams, and other water-
courses, together with the appurtenant facilities and
accompanying lands, which have been officially
adopted by the governing board of the district as
works of the district.
History.--. 3, part I. ch. 72-299; 37. ch. 79-65; a. ch. 80-259.

373.023 Scope and application.-
(1) All waters in the state are subject to regula-
tion under the provisions of this chapter unless spe-
cifically exempted by general or special law.
(2) No state or local government agency may en-
force, except with respect to water quality, any spe-
cial act, rule, regulation, or order affecting the waters
in the state controlled under the provisions of this
act, whether enacted or promulgated before or after
the effective date of this act, until such special act,
rule, regulation, or order has been filed with the de-
partment. However, any agency empowered to issue
emergency orders affecting such waters may enforce
such emergency orders prior to filing such orders
with the department. Any rule or regulation in effect
on the effective date of tnis act which is not filed with


the department within 180 days after the effective
date of this act shall be deemed repealed if the notice
hereinafter called for shall have been received by the
state or local agency issuing such rule or regulation.
The department is directed to notify by certified or
registered mail every state or local government agen-
cy known to be authorized to enforce any special act,
rule, regulation or order affecting the waters of the
state regarding the provisions of this subsection. The
department is directed to review periodically such
special acts, rules, regulations, and orders and to rec-
ommend to the appropriate agencies or the Legisla-
ture the amendment, consolidation, or revocation of
inconsistencies or duplications therein.
(3) Any state or local governmental agency or
other person having the power of eminent domain or
condemnation under the laws of this state must noti-
fy the department or the governing board of a water
management district prior to exercising that power.
History.-s. 4, part I. ch. 72-299; s. 1, ch. 73-190.

373.026 General powers and duties of the
department.-The Department of Environmental
Regulation, or its successor agency, shall be responsi-
ble for the administration of this chapter at the state
level. However, the department may enter into in-
teragency agreements with any other state agency
conducting programs related to or materially affect-
ing the water resources of the state. All such intera-
gency agreements shall be subject to the provisions of
s. 373.046. In addition to its other powers and duties,
the department is authorized:
(1) To conduct, independently or in cooperation
with other agencies, topographic surveys, research,
and investigations into all aspects of water use and
water quality.
(2) To collect, compile, and analyze, for its use
and guidance in administering the water resource
laws of this state, scientific and factual data from the
United States Geological Survey or any state agency.
State agencies are directed to cooperate with the de-
partment or its agents in making available to it for
this purpose such scientific and factual data as they
may have.
(3) To cooperate with other state agencies, water
management districts, and regional, county, or other
local governmental organizations or agencies created
for the purpose of utilizing and conserving the waters
in this state; to assist such organizations and agencies
in coordinating the use of their facilities; and partici-
pate in an exchange of ideas, knowledge, and data
with such organizations and agencies. For this pur-
pose the department may maintain an advisory staff
of experts.
(4) To prepare and provide for dissemination to
the public of current and useful information relating
to the water resources of the state.
(5) To identify by continuing study those areas of
the state where saltwater intrusion is a threat to
freshwater resources and report its findings to the
water management districts, boards of county com-
missioners, and public concerned.
(6) To conduct, either independently or in coop-
eration with any person or governmental agency, a


F.S. 1981


WATER RESOURCES


Ch. 373










('. ','7.z WATS'D .5'sAIT WFQ 1981


program of study, research, and experimentation and
evaluation in the field of weather modification.
(7) To exercise general supervisory authority over
all water management districts. The department may
exercise any power herein authorized to be exercised
by a water management district. 'The department
shall review, and may rescind or modify, any policy,
rule, regulation, or order of a water management dis-
trict, except those policies, rules, or regulations which
involve only the internal management of the district,
to insure compliance with the provisions and pur-
poses of this chapter. Such review may be initiated at
any time either by the department or by an interest-
ed person aggrieved by such policy, rule, regulation,
or order by filing a request for such review with the
department and serving a copy on the water manage-
ment district. Such request for review is not a pre-
condition to the effectiveness of such policy, rule,
regulation, or order, or to the seeking of judicial re-
view as otherwise provided.
(8)(a) To provide such coordination, cooperation,
or approval necessary to the effectuation of any plan
or project of the Federal Government in connection
with or concerning the waters in the state. Unless
otherwise provided by state or federal law, the de-
partment shall, subject to confirmation by the Legis-
lature, have the power to approve or disapprove such
federal plans or projects on behalf of the state.
(b) The department, subject to confirmation by
the Legislature, shall act on behalf of the state in the
negotiation and consummation of any agreement or
compact with another state or other states concern-
ing waters of the state.
(9)(a) To hold annually a conference on water re-
sources developmental programs. Each agency, com-
mission, district, municipality, or political subdivi-
sion of the state responsible for a specific water re-
sources development program requiring federal assis-
tance shall present at such conference its programs
and projects and the needs thereof. Notice of the
time and place of the annual conference on water re-
sources developmental programs shall be extended
by mail at least 30 days prior to the date of such con-
ference to any person who has filed a written request
for notification with the department. Adequate op-
portunity shall be afforded for participation at the
conference by interested members of the general
public.
(b) Upon termination of the water conference,
the department shall select those projects for presen-
tation in the Florida program of public works which
best represent the public welfare and interest of the
people of the state as required for the proper devel-
opment, use, conservation, and protection of the wa-
ters of the state and land resources affected thereby.
Thereafter, the department shall present to the ap-
propriate committees and agencies of the Federal
Government a program of public works for Florida,
requesting authorization for funds for each project.
History.-s. 5. part I. ch. 72-299: s. 4, ch. 74-114; s. 38. ch. 79-65.
'Note.-Se s. 11. ch. 75-22 (s. 373.114). which vests exclusive authority to re-
view policies, rules, regulations. and orders of water management districts in the
Governor and Cabinet. sitting as the Land and Water Adjudicatory Commis-
sion.


373.029 Southeast River Basins Resources
Advisory Board.-
(1) The Governor of this state shall have authori-
ty to appoint a representative of this state to serve on
the Resources Advisory Board, Southeast River Ba-
sins, as said board is now, or may hereafter be, autho-
rized, designated, and constituted. This power of ap-
pointment 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 s. 112.061.
(3) For the purpose of paying Florida's pro rata
share of the expense of maintaining and operating
the Resources Advisory Board, Southeast River Ba-
sins, the department may expend an amount not in
excess of $25,000 per annum out of moneys allocated
the department.
(4) The Resources Advisory Board, Southeast
River Basins, is hereby authorized to enter into what-
ever agreement or agreements are necessary for the
purpose of extending old-age and survivors insurance
coverage to the employees of said board. Funds ap-
propriated to or available to said board may be ex-
pended for such purpose. The board is hereby autho-
rized to take whatever action or actions deemed nec-
essary to provide the aforesaid coverage.
History.-a 1, 2,3, ch. 63-407; s. 1. ch. 65-510; s. 1, ch. 67-595; as. 25. 35, ch.
69-106: 25. ch. 73-190; s. 39, ch. 79-65.
Note.-Former a. 373.193.

373.033 Saltwater barrier line.-
(1) The department may, at the request of the
board of county commissioners of any county, at the
request of the governing board of any water manage-
ment district, or any municipality or water district
responsible for the protection of a public water sup-
ply, or, having determined by adoption of an appro-
priate resolution that saltwater intrusion has become
a matter of emergency proportions, by its own initia-
tive, establish generally along the seacoast, inland
from the seashore and within the limits of the area
within which the petitioning board has jurisdiction, a
saltwater barrier line inland of which no canal shall
be constructed or enlarged, 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 saltwater barrier line,
which shall prevent the movement of salt water in-
land of the saltwater barrier line. Provided, however,
that the department is authorized, in cases where
saltwater intrusion is not a problem, to waive the re-
quirement of a barrier structure by specific permit to
construct a canal crossing the saltwater barrier line
without a protective device and provided, further
that the agency petitioning for the establishment of
the saltwater barrier line shall concur in the waiver.
(2) Application by a board of county commission-
ers or by the governing board of a water management
district, a municipality or a water district for the es-
tablishment of a saltwater barrier line shall be made
by adoption of an appropriate resolution, agreeing to:


aJI'PP~ ~Pfn~TT)rPC


Ch 373


FS 1981









WATER RESOURCES


(a) Reimburse the department the cost of neces-
sary investigation, including, but not limited to, sub-
surface exploration by drilling, to determine the
proper location of the saltwater barrier line in that
county or in all or part of the district over which the
applying agency has jurisdiction.
(b) Require compliance with the provisions of
this law by county or district forces under their con-
trol; by those individuals or corporations filing plats
for record and by individuals, corporations or agen-
cies seeking authority to discharge surface or subsur-
face drainage into tidal waters.
(3) The board of county commissioners of any
county or the governing board of any water manage-
ment district, municipality or water district desiring
to establish a saltwater barrier line is authorized to
reimburse the department for any expense entailed
in making an investigation to determine the proper
location of the saltwater barrier line, from any funds
available to them for general administrative pur-
poses.
(4) The department, any board of county com-
missioners, and the governing board of any water
management district, municipality, or water district
having competent jurisdiction over an area in which
a saltwater barrier is established shall be charged
with the enforcement of the provisions of this sec-
tion, and authority for the maintenance of actions set
forth in s. 373.129 shall apply to this section.
(5) The provisions of s. 373.191 shall apply specif-
ically to the authority of the board of county commis-
sioners, or to the governing board of a water manage-
ment district, a municipality, or a water district hav-
ing jurisdiction over an area in which a saltwater bar-
rier line is established, to expend funds from whatev-
er source may be available to them for the purpose of
constructing saltwater barrier dams, dikes, and spill-
ways within existing canals and streams in conformi-
ty with the purpose and intent of the board in estab-
lishing the saltwater barrier line.
History.-s. 2, ch. 63-210; s. 25, 35. ch. 69-106; s. 25. ch. 73-190: s. 14, ch.
78-95; s. 40, ch. 79-65; s. 85. ch. 79-164.
Note.-Former s. 373.194.

373.036 State water use plan.-
(1) The department shall proceed as rapidly as
possible to study existing water resources in the
state; means and methods of conserving and aug-
menting such waters; existing and contemplated
needs and uses of water for protection and procre-
ation of fish and wildlife, irrigation, mining, power
development, and domestic, municipal, and industri-
al uses; and all other related subjects, including
drainage, reclamation, flood plain or flood-hazard
area zoning, and selection of reservoir sites. The de-
partment shall cooperate with the Executive Office of
the Governor, or its successor agency, progressively
to formulate, as a functional element of a comprehen-
sive state plan, an integrated, coordinated plan for
the use and development of the waters of the state,
based on the above studies. This plan, with such
amendments, supplements, and additions as may be
necessary from time to time, shall be known as the
state water use plan.
(2) In the formulation of the state water use plan,
the department shall give due consideration to:


(a) The attainment of maximum reason-
able-beneficial use of water for such purposes as
those referred to in subsection (1).
(b) The maximum economic development of the
water resources consistent with other uses.
(c) The control of such waters for such purposes
as environmental protection, drainage, flood control,
and water storage.
(d) The quantity of water available for applica-
tion to a reasonable-beneficial use.
(e) The prevention of wasteful, uneconomical,
impractical, or unreasonable uses of water resources.
(f) Presently exercised domestic use and permit
rights.
(g) The preservation and enhancement of the wa-
ter quality of the state and the provisions of the state
water quality plan.
(h) The state water resources policy as expressed
by this chapter.
(3) During the process of formulating or revising
the state water use plan, the department shall con-
sult with, and carefully evaluate the recommenda-
tions of, concerned federal, state, and local agencies,
particularly the governing boards of the water man-
agement districts, and other interested persons.
(4) Each governing board is directed to cooperate
with the department in conducting surveys and in-
vestigations of water resources, to furnish the depart-
ment with all available data of a technical nature,
and to advise and assist the department in the for-
mulation and drafting of those portions of the state
plan applicable to the district.
(5) The department shall not adopt or modify the
state water use plan or any portion thereof without
first holding a public hearing on the matter. At least
90 days in advance of such hearing, the department
shall notify any affected governing boards, and shall
give notice of such hearing by publication within the
affected region pursuant to the provisions of chapter
120, except such notice by publication shall be ex-
tended at least 90 days in advance of such hearings.
(6) For the purposes of this plan the department
may, in consultation with the affected governing
board, divide each water management district into
sections which shall conform as nearly as practicable
to hydrologically controllable areas and describe all
water resources within each area.
(7) The department shall give careful consider-
ation to the requirements of public recreation and to
the protection and procreation of fish and wildlife.
The department may prohibit or restrict other future
uses on certain designated bodies of water which may
be inconsistent with these objectives.
(8) The department may designate certain uses in
connection with a particular source of supply which,
because of the nature of the activity or the amount of
water required, would constitute an undesirable use
for which the governing board may deny a permit.
(9) The department may designate certain uses in
connection with a particular source of supply which,
because of the nature of the activity or the amount of
water required, would result in an enhancement or
improvement of the water resources of the area. Such
uses shall be preferred over other uses in the event of


F.S. 1981


Ch.; 373










. -PQ-- --- --- -


competing applications under the permitting systems
authorized by this chapter.
(10) The department, in cooperation with the Ex-
ecutive Office of the Governor, or its successor agen-
cy, may add to the state water use plan any other in-
formation, directions, or objectives it deems neces-
sary or desirable for the guidance of the governing
boards or other agencies in the administration and
enforcement of this chapter.
History.-s. 6, part I, ch. 72-299; ss. 2. 3. ch. 73-190; s. 122, ch. 79-190.

373.039 Florida water plan.-The state water
use plan together with the water quality standards
and classifications of the department or its successor
agency shall constitute the Florida water plan. The
state water use plan should be developed in coordina-
tion with the water quality standards system.
History.-s. 7. part 1, ch. 72-299; 41, ch. 79-65.

373.042 Minimum flows and levels.-Within
each section, or the water management district as a
whole, the department or the governing board shall
establish the following:
(1) Minimum flow for all surface watercourses in
the area. The minimum flow for a given watercourse
shall be the limit at which further withdrawals would
be significantly harmful to the water resources or
ecology of the area.
(2) Minimum water level. The minimum water le-
vel shall be the level of ground water in an aquifer
and the level of surface water at which further with-
drawals would be significantly harmful to the water
resources of the area.

The minimum flow and minimum water level shall be
calculated by the department and the governing
board using the best information available. When ap-
propriate, minimum flows and levels may be calculat-
ed to reflect seasonal variations. The department and
the governing board shall also consider, and at their
discretion may provide for, the protection of noncon-
sumptive uses in the establishment of minimum
flows and levels.
History.-s. 6. part I, ch. 72-299; s. 2, ch. 73-190.
Note.-Former a. 373.036(7).

373.043 Adoption and enforcement of regu-
lations by the department.-The department shall
adopt, promulgate, and enforce such regulations and
review procedures as may be necessary or convenient
to administer the provisions of this chapter.
History.-s. 8. part I. ch. 72-299; s. 5. ch. 74-114.

373.044 Rules and regulations; enforcement.
-In administering this chapter the governing board
of the district is authorized to make and adopt rea-
sonable rules, regulations and orders consistent with
law and such rules, regulations and orders may be en-
forced by mandatory injunction, or other appropriate
action in the courts of the state.
History.-s. 4, ch. 29790, 1955; s. 25. ch. 73-190.
Note.-Former a. 378.151.

373.046 Interagency agreements.-The de-
partment may enter into interagency agreements
with or among any other state agencies conducting


programs or exercising powers related to or affecting
the water resources of the state. Such agreements
may establish principal-agency or contract relation-
ships, provide for cross-deputization of enforcement
personnel, provide for consolidation of facilities,
equipment or personnel, or such other relationships
as may be deemed beneficial to the public interest.
Such interagency agreements shall be promulgated in
the same manner as rules and regulations, subject to
chapter 120. All state agencies conducting programs
or exercising powers relating to or affecting the water
resources of the state are hereby authorized to dele-
gate such authority to the department or any of the
sevgraj water management districts pursuant to such
interagency agreements.
History.-s. 9, part ,I ch. 72-299.

373.047 Cooperation between districts.
-Any flood control district created under the au-
thority of chapter 378 is authorized to advise other
flood control districts or water management districts
of the state in processing matters with the federal
government and to render such technical assistance
as may be helpful to the efficient operation of such
other districts.
History.-s. I. ch. 61-245; s. 25, ch. 73-190.
Note.-Former a. 378.52.

373.056 State agencies, cities, etc., author-
ized to convey land to flood control districts.-
(1)(a) When it is found to be in the public inter-
est and for the public convenience and welfare, and
for the public benefit, and necessary for carrying out
the works of improvement of any flood control dis-
trict referred to in this chapter for the protection of
property and the inhabitants in said district against
the effects of water, either from its surplus or defi-
ciency, and for assisting said district in acquiring
land for the purposes of said district at least public
expense, any state agency, any county, any drainage
district, any municipality or any governmental agen-
cy or public corporation in this state holding title to
land, is hereby authorized, in the discretion of the
proper officer or officers, the county commissioners
of any county, or the governing board of any agency
referred to in this section, to convey the title to or to
dedicate land, title to which is in such agency, includ-
ing tax reverted land, or to grant use rights therein to
any flood control district created under any law en-
acted by the Legislature at its 1949 session.
(b) The land to which this section shall apply
shall be located within the boundaries of said flood
control district.
(2) Land granted or conveyed to said district or
dedicated to the purposes thereof, or use rights in
said land granted thereto, shall be for the public pur-
poses of said district, and may be made subject to the
condition that in the event said land is not so used, or
if used and subsequently its use for said purpose is
abandoned, that granted shall cease as to said district
and shall automatically revert to the granting agency.
(3) Any county, municipality, drainage district,
or other taxing agency holding title to land through
tax reversion, foreclosure, forfeiture, or through other
procedure by which tax title vested in such agency,


WATER RES~ITRCIES


F.S. 1981


rCh '7








W.A 1.9 .....--- --C h -- 7--- 1


may, pending the determination of needs of said dis-
trict, withhold from sale or other disposition from
time to time such land as in the judgment of such
agency may be needed or helpful in facilitating the
purposes of this chapter. In the event more than one
taxing agency holds tax title to the same land, result-
ing in multiple reversion, each of said agencies may
grant to said district such right, title or interest as it
may have in said land.
(4) Any flood control district within this chapter
shall have authority to convey to any other agency
described herein land or rights in land owned by said
district not required for its purposes, under such
terms and conditions as the governing board of said
district may determine.
(5) Any land granted or conveyed to such district,
or dedicated to the purposes thereof, or the use right
of which has been granted thereto, shall not be sub-
ject to the district taxes, or other taxes or special as-
sessments so long as said title or said rights remain in
said district.
(6) All rights of way of a flood control district,
which are within the boundaries of a drainage dis-
trict, shall not be liable for maintenance taxes of the
drainage district.
History.--M. 1, 2, 3, 4, 5, ch. 25213. 1949; .6, ch. 61-497; s 25. ch. 73-190.
Note.-Former s. 378.46.

373.069 Creation of water management dis-
tricts.-
(1) At 11:59 p.m. on December 31, 1976, the state
shall be divided into the following water management
districts:
(a) Northwest Florida Water Management Dis-
trict.
(b) Suwannee River Water Management District.
(c) St. Johns River Water Management District.
(d) Southwest Florida Water Management Dis-
trict.
(e) South Florida Water Management District.
(2) Notwithstanding the provisions of any other
special or general act to the contrary, the boundaries
of the respective districts named in subsection (1)
shall include the areas within the following bounda-
ries:
(a) Northwest Florida Water Management Dis-
trict.-Begin at the point where the section line be-
tween Sections 26 and 27, Township 4 South, Range
3 East intersects the Gulf of Mexico; thence north
along the section line to the northwest corner of Sec-
tion 2, Township 1 South, Range 3 East; thence east
along the Tallahassee Base Line to the southeast cor-
ner of Section 36, Township 1 North, Range 4 East;
thence north along the range line to the northwest
corner of Section 6, Township 1 North, Range 5 East;
thence east along the township line to the southeast
corner of Section 36, Township 2 North, Range 5
East; thence north along the range line to the north-
east corner of Section 24, Township 2 North, Range
5 East; thence west along the section line to the
southwest corner of the east 12 of Section 13, Town-
ship 2 North, Range 5 East; thence north to the
northwest corner of the east 1/2 of Section 13, Town-
ship 2 North, Range 5 East; thence east along the sec-
tion line to the southeast corner of Section 12, Town-


ship 2 North, Range 5 East; thence north along the
range line to the northeast corner of Section 24,
Township 3 North, Range 5 East; thence west along
the Watson Line to the southwest corner of Lot
Number 168; thence north along the line between Lot
Numbers 168 and 169, 154 and 155 to the Georgia
line; thence westward along the Georgia-Florida line
to the intersection of the south boundary of the State
of Alabama; thence west along the Alabama-Florida
line to the intersection of the northwest corner Ala-
bama-Florida Boundary; thence south along the Ala-
bama-Florida line to the Gulf of Mexico; thence east
along the Gulf of Mexico, including the waters of said
Gulf within the jurisdiction of the State of Florida, to
the Point of Beginning.
(b) Suwannee River Water Management Dis-
trict.-Begin in the Gulf of Mexico on the section
line between Sections 29 and 32, Township 15 South,
Range 15 East; thence east along the section lines to
the southwest corner of Section 27, Township 15
South, Range 17 East; thence north along the section
line to the northwest corner of Section 3, Township
15 South, Range 17 East; thence east along the sec-
tion line to the easterly right of way line of State
Road No. 337; thence northerly along said easterly
right of way line of State Road No. 337 to the south-
erly right of way line of State Road No. 24; thence
northeasterly along said southerly right of way line of
State Road No. 24 to the Levy-Alachua county line;
thence south along the Levy-Alachua county line,
also being the range line between Range 17 and 18
East to the southeast corner of Section 36, Township
11 South, Range 17 East; thence easterly along the
Levy-Alachua county line, also being the township
line between Townships 11 and 12 South, to the
southeast corner of Section 36, Township 11 South,
Range 18 East; thence north along the range line to
the northwest corner of Section 19, Township 9
South, Range 19 East; thence east along the section
line to the southeast corner of Section 13, Township
9 South, Range 19 East; thence north along the range
line to the northwest corner of Section 6, Township 9
South, Range 20 East; thence eastward along the
township line to the southeast corner of Section 36,
Township 8 South, Range 20 East; thence north
along the township line to the northwest corner of
Section 18, Township 8 South, Range 21 East; thence
east along the section line to the northeast corner of
Section 15, Township 8 South, Range 21 East; thence
south along the section line to the southwest corner
of Section 23, Township 8 South, Range 21 East;
thence east along the section line to the northeast
corner of Section 26, Township 8 South, Range 21
East; thence south along the section line to the south-
west corner of the north /2 of Section 25, Township
8 South, Range 21 East; thence east along a line to
the northeast corner of the south half of Section 25,
Township 8 South, Range 21 East; thence south
along the range line to the southwest corner of Sec-
tion 30, Township 8 South, Range 22 East; thence
east along the section line to the northeast corner of
Section 32, Township 8 South, Range 22 East; thence
south along the section line to the southwest corner
of Section 16, Township 9 South, Range 22 East;
thence eastward along the section line to the south-


F.S. 1 981


WAT~IR RESnlTR~E~


Ch 373









h WA. .... ... -3-


east corner of the west Vs of Section 18, Township 9
South, Range 23 East; thence northward to the
northeast corner of the west v/ of Section 18, Town-
ship 9 South, Range 23 East; thence west to the
southwest corner of Section 7, Township 9 South,
Range 23 East; thence northward along the Brad-
ford-Clay County line to the northeast corner of Sec-
tion 36, Township 8 South, Range 22 East; thence
west along the section line to the southwest corner of
the east /2 of Section 25, Township 8 South, Range
22 East; thence north to the northeast corner of the
west /2 of Section 24, Township 8 South, Range 22
East; thence west along the section line to the south-
west corner of Section 13, Township 8 South, Range
22 East; thence north along the section line to the
northwest corner of Section 25, Township 7 South,
Range 22 East; thence east along the section line to
the southeast corner of Section 24, Township 7
South, Range 22 East; thence north along the Brad-
ford-Clay County line to the intersection of the south
boundary of Baker County; thence west along the Ba-
ker-Bradford County line to the intersection of the
east boundary of Union County; thence west along
the Union-Baker County line to the southwest corner
of Section 18, Township 4 South, Range 20 East;
thence north along the range line to the northeast
corner of Section 1, Township 3 South, Range 19
East; thence west along the township line to the in-
tersection of the east boundary of Columbia County;
thence north along the Baker-Columbia County line
to the intersection of the north boundary line of the
State of Florida; thence westward along the Geor-
gia-Florida line to the northwest corner of Lot Num-
ber 155; thence south along the line between Lot
Number 154 and 155, 168 and 169 to the Watson
Line; thence east along the Watson Line to the north-
east corner of Section 24, Township 3 North, Range
5 East; thence south along the range line between
Ranges 5 and 6 East to the southeast corner of Sec-
tion 12, Township 2 North, Range 5 East; thence
west along the section line to the northwest corner of
the east V1/ of Section 13, Township 2 North, Range 5
East; thence south to the southwest corner of the east-
/2 of Section 13, Township 2 North, Range 5 East;
thence east along the section line to the northeast
corner of Section 24, Township 2 North, Range 5
East; thence south along the range line between
Ranges 5 and 6 East to the southeast corner of Sec-
tion 36, Township 2 North, Range 5 East; thence
west along the township line between Townships 1
and 2 North to the northwest corner of Section 6,
Township 1 North, Range 5 East; thence south along
the range line between Ranges 4 and 5 East to the
southeast corner of Section 36, Township 1 North,
Range 4 East; thence west along the Tallahassee Base
Line to the northwest corner of Section 2, Township
1 South, Range 3 East; thence south along the section
line to the Gulf of Mexico; thence along the shore of
the Gulf of Mexico, including the waters of said gulf
within the jurisdiction of the State of Florida, to the
point of the beginning.
(c) St. Johns River Water Management District.
-Begin at the intersection of the south boundary of
Indian River County with the Atlantic Ocean; thence
west along the Indian River-St. Lucie County line to


the intersection of the west boundary of St. Lucie
County; thence south along the Okeechobee-St. Lucie
County line to the southeast corner of Section 1,
Township 34 South, Range 36 East; thence west
along the section line to the northwest corner of Sec-
tion 10, Township 34 South, Range 36 East; thence
south along the section line to the southeast corner of
Section 9, Township 34 South, Range 36 East; thence
west along the section line to the northwest corner of
Section 18, Township 34 South, Range 36 East;
thence south along the range line between Ranges 35
and 36 East to the southeast corner of Section 12,
Township 34 South, Range 35 East; thence west
along the section line to the northwest corner of Sec-
tion 13, Township 34 South, Range 35 East; thence
south along the section line to the southeast corner of
Section 35, Township 34 South, Range 35 East;
thence west along the township line between Town-
ships 34 and 35 south to the southwest corner of Sec-
tion 35, Township 34 South, Range 34 East; thence
north along the section line to the Okeecho-
bee-Osceola County line; thence west along the Okee-
chobee-Osceola County line to the southwest corer
of Section 34, Township 32 South, Range 33 East;
thence north along the section line to the northwest
corner of Section 3, Township 31 South, Range 33
East; thence east along the township line between
Townships 30 and 31 South to the southeast corner
of Section 36, Township 30 South, Range 33 East;
thence north along the range line between Ranges 33
and 34 East to the northeast corner of Section 1,
Township 30 South, Range 33 East; thence west
along the township line between Townships 29 and
30 south to the southwest corner of Section 31,
Township 29 South, Range 33 East; thence north
along the range line between Ranges 32 and 33 East
to the northwest corner of Section 6, Township 28
South, Range 33 East; thence east along the township
line between Townships 27 and 28 south to the
southeast corner of Section 36, Township 27 South,
Range 32 East; thence north along the range line be-
tween Ranges 32 and 33 East to the northeast corner
of Section 1, Township 26 South, Range 32 East;
thence west along the township line between Town-
ships 25 and 26 South to the southwest corner of Sec-
tion 33, Township 25 South, Range 32 East; thence
north along the section line to the Orange-Osceola
County line; thence westerly along the Or-
ange-Osceola County line to the Southwest corner of
Section 31, Township 24 South, Range 32 East;
thence north along the range line to the intersection
with the northerly right-of-way line of State Road
528, also known as the Bee Line Expressway; thence
westerly along the northerly right-of-way line of
State Road 528 to the intersection with the northerly
right-of-way line of State Road 528A; thence westerly
along the northerly right-of-way line of State Road
528A to the westerly right-of-way line of U.S. High-
way 441; thence northerly along the right-of-way line
to the section line between sections 22 and 27 of
Township 22 South, Range 29 East; thence west
along the section lines to the Northeast corner of Sec-
tion 25, Township 22 South, Range 28 East; thence
south along the range line between Ranges 28 and 29
East to the Southeast corner of Section 36, Township


WATER RESOURCES


F.S. 1981


Ch 373









FS191WATER RESOUIRCES (.1h 2'72Q


22 South, Range 28 East; thence west along the town-
ship line between Townships 22 and 23 South to the
Northeast corer of Section 2, Township 23 South,
Range 27 East; thence south to the Southeast corer
of Section 11, Township 23 South, Range 27 East;
thence west along the section lines to the Southwest
corner of Section 7, Township 23 South, Range 27
East, also being the Lake-Orange County line; thence
south along the range line between Ranges 26 and 27
East to the southwest corner of Section 18, Township
26 South, Range 27 East; thence east along the sec-
tion line to the northeast corer of Section 19, town-
ship 26 South, Range 27 East; thence south along the
section line to the southwest corer of Section 32,
Township 26 South, Range 27 East; thence east along
the township line between Townships 26 and 27
South to the northeast corner of Section 5, Township
27 South, Range 27 East; thence south along the sec-
tion lines to the southerly right-of-way line of State
Road 600; thence westerly along the southerly
right-of-way line of said State Road No. 600 to the
west boundary of Section 27, Township 27 South,
Range 26 East; thence north along the section lines to
the northeast corner of Section 16, Township 25
South, Range 26 East; thence west along the section
line to the southwest corner of Section 9, Township
25 South, Range 26 East; thence north along the sec-
tion lines to the Lake-Polk County line; thence west
along the county line to the southwest corner of Sec-
tion 32, Township 24 South, Range 26 East; thence
into Lake County, north along the section lines to the
northeast corner of Section 30, Township 24 South,
Range 26 East; thence west along the section lines to
the northeast corner of Section 28, Township 24
South, Range 25 East; thence north along the section
lines to the northeast corner of Section 16, Township
24 South, Range 25 East; thence west along the sec-
tion line to the northwest corer of Section 16, Town-
ship 24 South, Range 25 East; thence north along the
section line to the northeast corner of Section 8,
Township 24 South, Range 25 East; thence west
along the section lines to the range line between
Ranges 24 and 25; thence north along the range line
to the northeast corner of Section 1, Township 23
South, Range 24 East, also being on the township line
between Townships 22 and 23 South; thence west
along the township line to the northwest corner of
Section 6, Township 23 South, Range 24 East, also
being on the Sumter-Lake County line; thence north
along the Sumter-Lake County line, also being the
range line between Ranges 23 and 24 East, to the
northeast corner of Section 1, Township 18 South,
Range 23 East, and the Marion County line; thence
west along the Sumter-Marion County line, also be-
ing the township line between Townships 17 and 18
South, to the westerly right-of-way line of Interstate
Highway 75; thence northerly along the westerly
right-of-way line of Interstate Highway 75 to the Al-
achua-Marion County line, said line also being the
township line between Townships 11 and 12 South;
thence west along the Alachua-Marion County line to
the northwest corner of Section 3, Township 12
South, Range 19 East, and the Levy County line;
thence westerly along the Levy-Alachua County line,
also being the township line between Townships 11


and 12 South, to the southeast corner of Section 36,
Township 11 South, Range 18 East; thence north
along the range line between Ranges 18 and 19 East
to the northwest corner of Section 19, Township 9
South, Range 19 East; thence east along the section
line to the southeast corner of Section 13, Township
9 South, Range 19 East; thence north along the range
line between Ranges 19 and 20 East to the northwest
corner of Section 6, Township 9 South, Range 20
East; thence easterly along the township line between
Townships 8 and 9 South to the southeast corner of
Section 36, Township 8 South, Range 20 East; thence
north along the range line between Ranges 20 and 21
East to the northwest corner of Section 18, Township
8 South, Range 21 East; thence east along the section
line to the northeast corner of Section 15, Township
8 South, Range 21 East; thence south along the sec-
tion line to the southwest corner of Section 23, Town-
ship 8 South, Range 21 East; thence east along the
section line to the northeast corner of Section 26,
Township 8 South, Range 21 East; thence south
along the section line to the southwest corner of the
north '/2 of Section 25, Township 8 South, Range 21
East; thence east to the northeast corner of the south
'/2 of Section 25, Township 8 South, Range 21 East;
thence south along the range line between Ranges 21
and 22 East to the southwest corner of Section 30,
Township 8 South, Range 22 East; thence east along
the section line to the northeast corner of Section 32,
Township 8 South, Range 22 East; thence south
along the section line to the southwest corner of Sec-
tion 16, Township 9 South, Range 22 East; thence
eastward along the section line to the southeast cor-
ner of the west /V of Section 18, Township 9 South,
Range 23 East; thence northward to the northeast
corner of the west Vs of Section 18, Township 9
South, Range 23 East; thence west to the southwest
corner of Section 7, Township 9 South, Range 23
East; thence northward along the Bradford-Clay
County line to the northeast corner of Section 36,
Township 8 South, Range 22 East; thence west along
the section line to the southwest corner of the east /2
of Section 25, Township 8 South, Range 22 East;
thence north to the northeast corner of the west /2 of
Section 24, Township 8 South, Range 22 East; thence
west along the section line to the southwest corner of
Section 13, Township 8 South, Range 22 East; thence
north along the section line to the northwest corner
of Section 25, Township 7 South, Range 22 East;
thence east along the section line to the Brad-
ford-Clay County line; thence north along the Brad-
ford-Clay County line to the intersection of the south
boundary of Baker County; thence west along the Ba-
ker-Bradford County line to the intersection of the
east boundary of Union County; thence west along
the Baker-Union County line to the southwest corner
of Section 18, Township 4 South, Range 20 East;
thence north along the range line between Ranges 19
and 20 East to the northeast corner of Section 1,
Township 3 South, Range 19 East; thence west along
the township line between Townships 2 and 3 South
to the Baker-Columbia County line; thence north
along the Baker-Columbia County line to the north
boundary line of the State of Florida; thence easterly
along the Florida-Georgia line to the Atlantic Ocean;


F.S. 1981


WATER RESCIITRCIES


Ch 373










Ch. 373WAREU


thence southerly along the Atlantic Ocean, including
the waters of said ocean within the jurisdiction of the
State of Florida to the point of beginning.
(d) Southwest Florida Water Mahagement Dis-
trict.--Begin at the intersection of the north bounda-
ry of Lee County with the Gulf of Mexico; thenee
eastward along the Lee-Charlotte County line to the
Southeast corner of Section 33, Township 42 South,
Range 24 East; thence North into Charlotte County,
along the section lines to the Northeast corner of Sec-
tion 4, Township 42 South, Range 24 East; thence
East along the township line between Townships 41
and 42 South to the Southeast corner of Section 36,
Township 41 South, Range 25 East; thence north
along the section line to the northwest corner of Sec-
tion 6, Township 41 South. Range 26 East; thence
east along the section line to the southeast corner of
Section 36, Township 40 South, Range 26 East;
thence North along the range line between Ranges 26
and 27 to the Northeast corner of Section 1, Town-
ship 40 South, Range 26 East, and the Char-
lotte-Desoto County line; thence east along the Char-
lotte-Desoto County line to the southeast corner of
Section 36, Township 39 South, Range 27 East;
thence north along the DeSoto-Highlands County
line to the intersection of the South boundary of
Hardee County; thence north along the
Hardee-Highlands County line to the southwest cor-
ner of Township 35 South, Range 28 East; thence
east along the north boundary of Township 36 South
to the northeast corner of Section 1, Township 36
South, Range 28 East; thence south along the range
line to the southeast corner of Section 12, Township
37 South, Range 28 East; then e st along tho sec-
tion line to the northeast corner of Section 15, Town-
ship 37 South, Range 29 East: the~ce south along the
section line to the southeast corner of Section 34,
Township 37 South. Range 29 East; thence east along
the township line to the northeast corner of Section
1, Township 38 South. Range 29 East; thence south
along the racing line to the southeast corner of Sec-
tion 1, Township 39 South, Range 29 East; thence
east along the section line to the northwest corner of
Section 11, Township 39 South, Range 30 East;
thence north along the section line to the southwest
corner of Section 35, Township 38 South, Range 30
East; thence east along the township line to the
southeast corner of the west /4 of Section 35, Town-
ship 38 South, Range 30 East; thence north along the
/4 -section line of Sections 35, 26, and 23, Township
38 South, Range 30 East to the northeast corner of
the west /4 section of Section 23, Township 38 South,
Range 30 East; thence west along the section line to
the northwest corner of Section 23, Township 38
South, Range 30 East; thence north along the section
line to the northwest corner of Section 2, Township
37 South, Range 30 East; thence west along the town-
ship line to the southwest corner of Section 34,
Township 36 South, Range 30 East; thence north
along the section line to the northwest corner of Sec-
tion 3, Township 36 South, Range 30 East; thence
west along the township line to the southwest corner
of Section 31, Township 35 South, Range 30 East;
thence north along the range line between Ranges 29
and 30 East, through Townships 35, 34, and 33


South, to the northeast corner of Township 33 South,
Range 29 East, being on the Highlands-Polk County
line; thence west along the Highlands-Polk County
line to the southeast corner of Township 32 South,
Range 28 East; thence north along the range line be-
tween Ranges 28 and 29 East, in Townships 32 and
3i South, to the northeast corer of Section 12 in
Township 31 South, Range 28 East; thence east along
the section line to the northeast corner of Section 7,
Township 31 South, Range 29 East; thence north
along the section line to the northwest corner of Sec-
tion 17, Township 30 South, Range 29 East; thence
east along the section line to the northeast corner of
the west 1/2 of Section 17, Township 30 South, Range
29 East; thence north along the /2 -section line to the
northeast corner of the west /2 of Section 5, Town-
ship 30 South, Range 29 East; thence west along the
section line to the southwest corner of Section 32,
Township 29 South, Range 29 East; thence north
along the section line to the northeast corner of Sec-
tion 19 in Township 29 South, Range 29 East; thence
west along the north boundaries of Section 19, Town-
ship 29 South, Range 29 East, and Sections 24, 23, 22,
21, and 20, Township 29 South, Range 28 East, to the
northwest corner of said Section 20; thence north
along the section line to the intersection of said sec-
tion line with the west shore line of Lake Pierce in
Township 29 South, Range 28 East; thence following
the west shore of Lake Pierce to its intersection again
with the west section line of Section 5, Township 29
South, Range 28 East; thence north along the section
line to the northwest corner of Section 5, Township
29 South, Range 28 East; thence east along the town-
ship line to the southwest corner of Section 33,
Township 28 South, Range 28 East; thence north
along the section line to the northwest corner of the
southwest /4 of the southwest / of Section 28,
Township 28 South, Range 28 East; thence east along
the 1/ -section line to the intersection of said
'/-section line with Lake Pierce; thence follow the
shore line northeasterly to its intersection with the
'/2-section line of Section 28, Township 28 South,
Range 28 East; thence north on the /2-section line to
the northwest corner of the southeast / of Section
28, Township 28 South, Range 28 East; thence east to
the northeast corner of the southeast / of Section
28, Township 28 South, Range 28 East; thence south
along the section line to the northwest corner of Sec-
tion 3, Township 29 South, Range 28 East; thence
east along the section line to the northeast corner of
Section 3, Township 29 South, Range 28 East; thence
north along the section line to the northwest corner
of Section 23, Township 28 South, Range 28 East;
thence west along the section line to the southwest
corner of Section 16, Township 28 South, Range 28
East; thence north along the section line to the north-
west corner of Section 16, Township 28 South, Range
28 East; thence west along the section line to the
southwest corner of Section 8, Township 28 South,
Range 28 East; thence north along the section line to
the northwest corner of Section 5, Township 28
South, Range 28 East; thence west along the town-
ship line to the intersection of said township line
with Lake Marion; thence following the south shore
line of Lake Marion to its intersection again with said


Ch. 373


WATFR REqOIURCF,,


F.S. 1981










Q .Q1 W----i RIITC-----E------ 7


township line; thence west along the township line to
the southeast corner of Section 36, Township 37
South, Range 27 East; thence north along the range
line between Ranges 27 and 28 East to the intersec-
tion of said range line with Lake Marion; thence fol-
lowing the west shore of Lake Marion to its intersec-
tion again with the range line between Ranges 27 and
28 East; thence north along said range line, in Town-
ships 27 and 26 South, to the northeast corner of
Township 26 South, Range 27 East, being on the
Polk-Osceola County line; thence west along the
Polk-Osceola County line to the northwest corner of
Township 26 South, Range 27 East; thence south
along the range line between Ranges 26 and 27 East
to the southwest corner of Section 18 in Township 26
South, Range 27 East; thence east along the section
line to the southeast corner of said Section 18; thence
south along the section lines to the southwest corner
of Section 32 in Township 26 South, Range 27 East;
thence east along the section line to the southeast
corner of said Section 32; thence south along the sec-
tion lines to the southerly right-of-way line of State
Road 600 (U.S. Route 17 and 92) in Township 27
South, Range 27 East; thence westerly along the
southerly right-of-way line of said State Road No.
600 to the West boundary of Section 27, Township 27
South, Range 26 East; thence north along the section
line to the northeast corner of Section 16, Township
25 South, Range 26 East; thence west along the sec-
tion line to the southwest corner of Section 9, Town-
ship 25 South, Range 26 East; thence north along the
section line to the Lake-Polk County line; thence
west along the county line to the southwest corner of
Section 32, Township 24 South, Range 26 East;
thence into Lake County, north along the section
lines to the northeast corner of Section 30, Township
24 South, Range 26 East; thence west along the sec-
tion lines to the northeast corner of Section 28,
Township 24 South, Range 25 East; thence north
along the section lines to the northeast corner of Sec-
tion 16, Township 24 South, Range 25 East; thence
west along the section line to the northwest corner of
Section 16, Township 24 South, Range 25 East;
thence north along the section line to the northeast
corner of Section 8, Township 24 South, Range 25
East; thence west along the section lines to the range
line between Ranges 24 and 25; thence north along
the range line to the northeast corner of Section 1,
Township 23 South, Range 24 East, also being on the
township line between Townships 22 and 23 South;
thence west along the township line to the northwest
corner of Section 6, Township 23 South, Range 24
East also being on the Sumter-Lake County line;
thence north along the Sumter-Lake County line,
also being the range line between Ranges 23 and 24,
to the northeast corner of Section 1, Township 18
South, Range 23 East and the Marion County line;
thence west, along the Sumter-Marion County line,
also being the township line between Townships 17
and 18 South, to the westerly right-of-way line of In-
terstate Highway 75; thence northerly along the west-
erly right-of-way line of Interstate Highway 75 to the
Alachua-Marion County line, said line also being the
township line between Townships 11 and 12 South;
thence west along the Alachua-Marion County line to


the northwest corner of Section 3, Township 12
South, Range 19 East and the Levy County line;
thence westerly along the Levy-Alachua County line,
also being the township line between Townships 11
and 12 South, to the southeast corner of Section 36,
Township 11 South, Range 17 East; thence north
along the Levy-Alachua County line, also being the
range line between Ranges 17 and 18 East, to the
southerly right-of-way line of State Road No. 24;
thence southwesterly along said southerly
right-of-way line to the easterly right-of-way line of
State Road No. 337; thence southerly, along said
easterly right-of-way line of State Road No. 337, to
the south line of Section 35, Township 14 South,
Range 17 East; thence west along the section line to
the northwest corner of Section 3, Township 15
South, Range 17 East; thence south along the section
lines to the southwest corner of Section 27, Township
15 South, Range 17 East; thence west to the Gulf of
Mexico; thence south along the Gulf of Mexico, in-
cluding the waters of said gulf within the jurisdiction
of the State of Florida, to the point of beginning.
(e) South Florida Water Management District.
-Begin at the intersection of the north boundary of
Lee County with the Gulf of Mexico; thence easterly
along the Lee-Charlotte County line to the southwest
corner of Section 34, Township 42 South, Range 24
East; thence northerly along the section lines to the
northwest corner of Section 3, Township 42 South,
Range 24 East; thence easterly along the Township
line between Townships 41 and 42 South to the
southwest corner of Section 31, Township 41 South,
Range 26 East; thence northerly along the Range line
between Ranges 25 and 26 East to the northwest cor-
ner of Section 6, Township 41 South, Range 26 East;
thence easterly along the Township line between
Townships 40 and 41 South to the southwest corner
of Section 31, Township 40 South, Range 27 East;
thence northerly along the Range line between
Ranges 26 and 27 East to the Charlotte-DeSoto
County line; thence easterly along the Char-
lotte-Desoto County line to the west line of High-
lands County; thence northerly along the High-
lands-Desoto County line and along the High-
lands-Hardee County line to the northwest corner of
Township 36 South, Range 28 East; thence east along
the north boundary of Township 36 South to the
northeast corner of Section 1, Township 36 South,
Range 28 East; thence south along the range line to
the southeast corner of Section 12, Township 37
South, Range 28 East; thence east along the section
line to the northeast corner of Section 15, Township
37 South, Range 29 East; thence south along the sec-
tion line to the southeast corner of Section 34, Town-
ship 37 South, Range 29 East; thence east along the
township line to the northeast corner of Section 1,
Township 38 South, Range 29 East; thence south
along the range line to the southeast corner of Sec-
tion 1, Township 39 South, Range 29 East; thence
east along the section line to the northwest corner of
Section 11, Township 39 South, Range 30 East;
thence north along the section line to the southwest
corner of Section 35, Township 38 South, Range 30
East; thence east along the township line to the
southeast corner of the west /4 of Section 35, Town-


WATRR RPCnrTRCPS


Ch. 373


1S 1Q91









Ch._ 33WATERRESOURCES FS1981


ship 38 South, Range 30 East; thence north along the
I/-section line of Sections 35, 26, and 23, Township
38 South. Range 30 East to the northeast corner of
the west /A section of Section 23, Township 38 South,
Range 30 East; thence west along the section line to
the northwest corner of Section 23, Township 38
South, Range 30 East; thence north along the section
line to the northwest corner of Section 2, Township
37 South, Range 30 East; then west along the town-
ship line to the southwest corner of Section 34,
Township 36 South, Range 30 East; thence north
along the section line to the northwest corner of Sec-
tion 3, Township 36 South, Range 30 East; thence
west along the township line to the southwest corner
of Section 31, Township'35 South, Range 30 East;
thence north along the range line between Ranges 29
and 30 East, through Tbwnships 35, 34, and 33
South, to the northwest corner of Township 33
South, Range 30 East, being on the Highlands-Polk
County line; thence west along the Highlands-Polk
County line to the southwest corner of Township 32
South, Range 29 East; thence north along the range
line between Ranges 28 and 29 East, in Townships 32
and 31 South, to the northwest corner of Section 7 in
Township 31 South, Range 29 East; thence east along
the section line to the northeast corer of Section 7,
Township 31 South, Range 29 East; thence north
along the section line to the northwest corner of Sec-
tion 17, Township 30 South, Range 29 East; thence
east along the section line to the northeast corner of
the west ,'2 of Section 17, Township 30 South, Range
29 East; thence north along the '/2-section line to the
northeast corer of the west /s ,of Section 5, Town-
ship 30 South, Range 29 East; thence pst along the
section line to the southwest corner of Sectioh 32,
Township 29 South, Range 29 East; thence north
along the section line to the northeast corner of Sec-
tion 19 in Township 29 South, Range 29 East; thence
west along the south boundaries of Section 10, Town-
ship 29 South, Range 29 East and Sections 13, 14, 15,
16, and 17 in Township 29 South, Range 28 East, to
the southwest corner of said Section 17; thence north
along the section line to the intersection of said sec-
tion line with the west shore line of Lake Pierce in
Township 29 South, Range 28 East; thence following
the west shore of Lake Pierce to its intersection again
with the west section line of Section 5, Township 29
South, Range 28 East; thence north along the section
line to the northwest corner of Section 5, Township
29 South, Range 28 East; thence east along the town-
ship line to the southwest corner of Section 33,
Township 28 South, Range 28 East; thence north
along the section line to the northwest comer of the
southwest '.4 of the southwest '/4 of Section 28,
Township 28 South, Range 28 East; thence east along
the / -section line to the intersection of said
Y-section line with Lake Pierce; thence follow the
shore line northeasterly to its intersection with the
Y3-section line of Section 28, Township 28 South,
Range 28 East; thence north on the V/ -section line to
the northwest corner of the southeast V of Section
28, Township 28 South, Range 28 East; thence east
along the -section line to the northeast corer of
the southeast / of Section 28, Township 28 South,
Range 28 East; thence south along the section line to


the northwest corner of Section 3, Township 29
South, Range 28 East; thence east along the section
line to the northeast corner of Section 3, Township 29
South, Range 28 East; thence north along the section
line to the northwest corner of Section 23, Township
28 South, Range 28 East; thence west along the sec-
tion line to the southwest corner of Section 16, Town-
ship 28 South, Range 28 East; thence north along the
section line to the northwest corner of Section 16,
Township 28 South, Range 28 East; thence west
along the section line to the southwest corner of Sec-
tion 8, Township 28 South, Range 28 East; thence
north along the section line to the northwest corer
of Section 5, Township 28 South, Range 28 East;
thence west along the township line to the intersec-
tion of said township line with Lake Marion; thence
following the south shore line of Lake Marion to its
intersection again with said township line; thence
west along the township line to the southeast corner
of Section 36, Township 27 South, Range 27 East;
thence north along the range line between Ranges 27
and 28 East to the intersection of said range line with
Lake Marion; thence following the west shore of Lake
Marion to its intersection again with the range line
between Ranges 27 and 28 East; thence north along
said range line, in Townships 27 and 26 South, to the
northwest corer of Township 26 South, Range 28
East, being on the Polk-Osceola County line; thence
west along the Polk-Osceola County line to the
southwest corner of Township 25 South, Range 27
East; thence northerly along the range line between
Ranges 26 and 27 East to the northwest corer of
Section 18, Township 23 South, Range 27 East;
thence easterly along the section lines to the south-
west corner of Section 12, Township 23 South, Range
27 East; thence northerly along the section lines to
the northwest corner of Section 1, Township 23
South, Range 27 East; thence easterly along the
Township line between Townships 22 and 23 South
to the southwest corner of Section 31, Township 22
South, Range 29 East; thence northerly along the
Range line between Ranges 28 and 29 East to the
northwest corner of Section 30, Township 22 South,
Range 29 East; thence easterly along the section lines
to the westerly right-of-way line of U.S. Highway 441;
thence southerly along the westerly right-of-way line
to the intersection with the northerly right-of-way
line of State Road 528A; thence easterly along the
northerly right-of-way line to the intersection with
the northerly right-of-way line of State Road 528,
also known as the Bee Line Expressway; thence east-
erly along the northerly right-of-way line of State
Road 528 to the intersection with the range line be-
tween Township 23 South, Range 31 East and Town-
ship 23 South, Range 32 East; thence southerly along
the Range line between Ranges 31 and 32 East to the
Orange-Osceola County line; thence easterly along
said county line between Townships 24 and 25 South
to the northeast corner of Section 5, Township 25
South, Range 32 East; thence southerly along the sec-
tion lines to the southeast corner of Section 32,
Township 25 South, Range 32 East; thence easterly
along the Township line between Townships 25 and
26 South to the northeast corner of Section 1, Town-
ship 26 South, Range 32 East; thence southerly along


Ch. 373


WATER RESOURCES


F.S. 1981









Ch. 373


the Range line between Ranges 32 and 33 East to the
southeast corner of Section 36, Township 27 South,
Range 32 East; thence westerly along the township
line between Townships 27 and 28 South, to the
northeast corner of Section 1, Township 28 South,
Range 32 East; thence southerly along the Range line
between Ranges 32 and 33 East to the southeast cor-
ner of Section 36, Township 29 South, Range 32 East;
thence easterly along the Township line between
Townships 29 and 30 South to the northeast corner
of Section 1, Township 30 South, Range 33 East;
thence southerly along the Range line between
Ranges 33 and 34 East to the southeast corner of Sec-
tion 36, Township 30 South, Range 33 East; thence
westerly along the Township line between Townships
30 and 31 South to the northeast corner of Section 4,
Township 31 South, Range 33 East; thence southerly
along the section lines to the Osceola-Okeechobee
County line; thence easterly along said county line to
the northeast corner of Section 3, Township 33
South, Range 34 East; thence southerly along the sec-
tion lines to the southeast corner of Section 34,
Township 34 South, Range 34 East; thence easterly
along the Township line between Townships 34 and
35 South to the southwest corner of Section 36,
Township 34 South, Range 35 East; thence northerly
along the section lines to the northwest corner of Sec-
tion 13, Township 34 South, Range 35 East; thence
easterly along the section line to the Range line be-
tween Ranges 35 and 36 East; thence northerly along
said Range line to the northwest corner of Section 18,
Township 34 South, Range 36 East; thence easterly
along the section lines to the southwest corner of Sec-
tion 10, Township 34 south, Range 36 East; thence
northerly along the section line to the northwest cor-
ner of said Section 10; thence easterly along the sec-
tion lines to the Okeechobee-St. Lucie County line;
thence northerly along said county line to the south
line of Indian River County; thence easterly along the
St. Lucie-Indian River County line to the Atlantic
Ocean; thence southerly along the Atlantic Ocean to
the Gulf of Mexico; thence northerly along the Gulf
of Mexico, including the waters of said Ocean and of
said Gulf and the islands therein within the jurisdic-
tion of the State of Florida, to the point of beginning.
History.-s. 12, part ch. 72-299: s. 6, ch. 73-190; s. 1, ch. 75-125; s. 1. ch.
76-243; s. 113, ch. 77-104; s. I, ch. 78-65.

373.0691 Transfer of areas.-
(1) At the time of change of boundaries of the re-
spective districts under s. 373.069(3), all contractual
obligations with respect to an area being transferred
to another district shall be assumed by the district
receiving such area; all real property interests owned
by a district within an area to be transferred shall be
conveyed to the district receiving such area; and all
equipment, vehicles, other personal property, and re-
cords owned, located, and used by a district solely
within an area being transferred shall be delivered to
the district receiving such area. However, if an area is
transferred from a district with a contractual obliga-
tion to the United States of America for the opera-
tion and maintenance of works within such area, then
the deliveries and conveyances required in this sec-
tion shall be deferred until the United States has ap-


proved the assumption of the contractual obligations
by the receiving district.
(2) The change of boundaries shall not affect the
continuing authority, obligations, and commitments
of the water management districts, except as set forth
in this section.
History.-s. 2, ch. 76-243.

373.0693 Basins; basin boards.-
(1) Any areas within a district may be designated
by the district governing board as subdistricts or ba-
sins. The designation of such basins shall be made by
the district governing board by resolutions thereof.
The governing board of the district may change the
boundaries of such basins, or create new basins, by
resolution. No subdistrict or basin in the St. Johns
Water Management District other than established
by this act shall become effective until approved by
the Legislature.
(2) Each basin shall be under the control of a ba-
sin board which shall be composed of not less than
three members, but shall include one representative
from each of the included counties in the basin.
(3) Each member of the various basin boards
shall serve for a period of 3 years or until his succes-
sor is appointed, except that the board membership
of each new basin shall be divided into three groups
as equally as possible, with members in such groups
to be appointed for 1, 2, and 3 years, respectively.
Each basin board shall choose a vice chairman and a
secretary to serve for a period of 1 year. The term of
office of a basin board member shall be construed to
commence on July 1 preceding the date of his ap-
pointment and to terminate June 30 of the year of
the end of his term.
(4) Members of basin boards shall be appointed
by the Governor, subject to confirmation by the Sen-
ate at the next regular session of the Legislature, and
the refusal or failure of the Senate to confirm an ap-
pointment shall create a vacancy in the office to
which the appointment was made.
(5) Basin board members shall receive no com-
pensation for such services, but while officially on
work for the district shall receive their actual travel-
ing expenses and subsistence and lodging, not to ex-
ceed the statutory amount allowed state officers and
employees, and other expenses in the actual amount
incurred.
(6) Notwithstanding the provisions of any other
general or special law to the contrary, a member of
the governing board of the district residing in the ba-
sin or, if no member resides in the basin, a member of
the governing board designated by the chairman of
the governing board shall be the ex officio chairman
of the basin board. The ex officio chairman shall pre-
side at all meetings of the basin board, except that
the vice chairman may preside in his absence. The ex
officio chairman shall have no official vote, except in
case of a tie vote being cast by the members, but shall
be the liaison officer of the district in all affairs in the
basin and shall be kept informed of all such affairs.
(7) At 11:59 p.m. on December 31, 1976, the
Manasota Watershed Basin of the Ridge and Lower
Gulf Coast Water Management District, which is an-
nexed to the Southwest Florida Water Management


F.S. 1981I


WATER RESOURCES


Ch. 373










Ch. 3 WT O C F.S 19


District by change of its boundaries pursuant to
chapter 76-243, Laws of Florida, shall be formed into
a subdistrict or basin of the Southwest Florida Water
Management District, subject to the same provisions
as the other basins in such district. Such subdistriet
shall be designated initially as the Manasota Basin.
The members of the governing board of the Mana-
sota Watershed Basin of the Ridge and Lower Gulf
Coast Water Management District shall become
members of the governing board of the Manasota Ba-
sin of the Southwest Florida Water Management Dis-
trict.
(8)(a) At 11:59 p.m. on December 31, 1976, the
area being transferred from the Southwest Florida
Water Management District to the St. Johns River
Water Management District by change of boundaries
pursuant to chapter 76-243, Laws of Florida, shall be
formed into a subdistrict or basin of the St. Johns
River Water Management District. Such basin shall
be designated as the Oklawaha River Basin. The
members of the governing boaid of the Oklawaha
River Basin of the Southwest Florida Water Manage-
ment District shall become the members of the gov-
erning board of the newly formed basin. The govern-
ing board of the St. Johns River Water Management
District may change the boundaries, but may not
abolish the basin.
(b)l. On July 1, 1977, the entire area of the St.
Johns River Water Management District, less those
areas in the Oklawaha Basin, shall be formed into a
subdistrict of basin of the St. Johns River Water
Management District. Such area shall be designated
as the Greater St. Johns River Basin.
2. The governing board of the St. Johns River
Water Management District shall also serve as the
governing board of the Greater St. Johns River Ba-
sin.
(9) At 11:59 p.m. on December 31, 1976, a portion
of the Big Cypress Basin of the Ridge and Lower Gulf
Coast District which is being annexed into the South
Florida Water Management District by change of
boundaries pursuant to chapter 76-243, Laws of Flor-
ida, shall be formed into a subdistrict or basin of the
South Florida Water Management District. Such
portion shall be designated as the Big Cypress Basin.
On or before December 31, 1976, the Governor shall
appoint rot fewer than five persons residing in the
area to serve as members of the governing board of
the basin, effective at the time of transfer and subject
to confirmation by the Senate as provided in subsec-
tion (4).
(a) The initial boundaries of the Big Cypress Ba-
sin shall be established by resolution of the governing
board of Central and Southern Florida Flood Control
District, after notice and hearing, and generally shall
encompass the Big Cypress Swamp and southwestern
coastal area hydrologic cataloging unit, as indicated
on River Basin and Hydrologic Unit Map of Flori-
da-1975, Florida Department of Natural Resources,
Bureau of Geology Map Series No. 72.
(b) If the governing board shall fail to establish
the initial boundaries on or before December 31,
1976, the initial boundaries shall be the same bound-
aries as described for the Big Cypress Basin of the
Ridge and Lower Gulf Coast District.


(c) The governing board of the South Florida
Water Management District subsequently may
change the boundaries of the basin, but may not
abolish the basin.
(10) At 11:59 p.m. on December 31, 1976, the en-
tire area of the South Florida Water Management
District, including all areas being annexed into the
district pursuant to chapter 76-243, Laws of Florida,
but less those areas in the Big Cypress Basin, shall be
formed into a subdistrict or basin of the South Flori-
da Water Management District. Such area shall be
designated as the Okeechobee Basin.
(a) The governing board of the South Florida
Water Management District shall also serve as the
governing board of the Okeechobee Basin.
(b) The governing board of the South Florida
Water Management District may change the bounda-
ties of the Okeechobee Basin or may subdivide the
basin into smaller basins to be governed by basin
boards to be appointed by the Governor, subject to
confirmation by the Senate as provided in subsection
(4). However, the basin may not be enlarged to in-
elude the area included within the initial boundaries
of the Big Cypress Basin.
(c) The local effort required in connection with
construction, operation, and maintenance of the co-
operative federal project referred to as the Central
and Southern Florida Flood Control Project, which
remains after the upper St. Johns portion is trans-
ferred to the St. Johns River Water Management
District, shall be funded by tax levies on all taxable
property within the Okeechobee Basin. In the event
the Okeechobee Basin is subdivided into smaller ba-
sins, as authorized in paragraph (b), the governing
board shall ascertain the equitable pro rata share for
each smaller basin and charge back such share so as
to insure that the portion of the Central and South-
ern Florida Flood Control Project remaining in the
South Florida Water Management District shall con-
tinue to be funded on an equal basis throughout the
entire Okeechobee Basin as initially described on De-
cember 31, 1976.
RiH tory.--. 6, ch. 73-190; s. 3, ch. 76-243; s. 1, ch. 77-382; s. 1, ch. 79-50.

373.0695 Duties of basin boards; authorized
expenditures.-
(1) The various boards shall be responsible for
discharging the following described functions in their
respective basins:
(a) The preparation of engineering plans for de-
velopment of the water resources of the basin and the
conduct of public hearings on such plans.
S(b) The development and preparation of overall
basin plan of secondary water control facilities for
the guidance of subdrainage districts and private
land owners in the development of their respective
systems of water control which will be connected to
the primary works of the basin to complement the
engineering plan of primary works for the basin.
(c) The preparation of the annual budget for the
basin and the submission of such budget to the gov-
erning board of the district for inclusion in the dis-
trict budget.
(d) The consideration and prior approval of final


Ch. 373


WATFIR REqOTTRrFEq


F.S. 1981









PWQ 1QI wATPDvio D)VQAf7'P11VU Q Uk


construction plans of the district for works to be con-
structed in the basin.
(e) The administration of the affairs of the basin.
(f) Planning for and, upon request by a county,
municipality, or regional water supply authority, pro-
viding water supply and transmission facilities for
the purpose of assisting such counties, municipalities,
and regional water supply authorities within or serv-
ing the basin.
(2) Basin board moneys shall be utilized for:
(a) Engineering studies of works of the basin.
(b) Payment for the preparation of final plans
and specifications for construction of basin works ex-
ecuted by the district.
(c) Payment of costs of construction of works of
the basin executed by the district.
(d) Payment for maintenance and operation of
basin works as carried out by the district.
(e) Administrative and regulatory activities of
the basin.
(f) Payment for real property interests for works
of the basin.
(g) Payment of costs of road, bridge, railroad, and
utilities modifications and changes resulting from ba-
sin works.
(3) The works of the basin shall be those adopted
by the respective basin boards. Such works may be
adopted jointly with other basins and may be within
or without the area of the basin.
(4) In the exercise of the duties and powers grant-
ed herein, the basin boards shall be subject to all the
limitations and restrictions imposed on the water
management districts in s. 373.1961.
History.-s. 6. ch. 73-190; s. 3. ch. 74-114.

373.0697 Basin taxes.-The respective basins
may, pursuant to s. 9(b), Art. VII of the State Consti-
tution, by resolution request the governing board of
the district to levy ad valorem taxes within such ba-
sin. Upon receipt of such request, a basin tax levy
shall be made by the governing board of the district
to finance basin functions enumerated in s. 373.0695,
notwithstanding the provisions of any other general
or special law to the contrary, and subject to the pro-
visions of s. 373.503(3).
(1) The amount of money to be raised by said tax
levy shall be determined by the adoption of an annu-
al budget by the district board of governors, and the
average millage for the basin shall be that amount re-
quired to raise the amount called for by the annual
budget when applied to the total assessment of the
basin as determined for county taxing purposes.
However, no such tax shall be levied within the basin
unless and until the annual budget and required tax
levy shall have been approved by formal action of the
basin board, and no county in the district shall be
taxed under this provision at a rate to exceed one
mill.
(2) The taxes provided for in this section shall be
extended by the county property appraiser on the
county tax roll in each county within, or partly with-
in, the basin and shall be collected by the tax collec-
tor in the same manner and time as county taxes, and
the proceeds therefrom paid to the district for basin
purposes. Said taxes shall be a lien, until paid, on the


property against which assessed and enforceable in
like manner as county taxes. The property apprais-
ers, tax collectors, and clerks of the circuit court of
the respective counties shall be entitled to compensa-
tion for services performed in connection with such
taxes at the same rates as apply to county taxes.
(3) It is hereby determined that the taxes author-
ized by this subsection are in proportion to the bene-
fits to be derived by the several parcels of real estate
within the basin from the works authorized herein.
History.-s. 6, ch. 73-190; s. 2. ch. 75-125; s. 5, ch. 76-243.

373.073 Governing board.-
(1)(a) The governing board of each water man-
agement district shall be composed of nine members
who shall reside within the district. The term of of-
fice of members of the board shall be 4 years. Mem-
bers of the governing boards continued under this
chapter shall be appointed from the district at large
as vacancies occur on the governing boards. Such va-
cancies shall be filled according to the residency re-
quirements of paragraph (b).
(b) Notwithstanding the provisions of any other
general or special law to the contrary, vacancies in
the governing boards of the water management dis-
tricts shall be filled according to the following resi-
dency requirements, representing areas designated
by the U. S. Water Resources Council in U. S. Geo-
logical Survey, River Basin and Hydrological Unit
Map of Florida-1975, Map Series No. 72:
1. Northwest Florida Water Management Dis-
trict:
a. One member shall reside in the area generally
designated as the "Perdido River Basin-Perdido Bay
Coastal Area-Lower Conecuh River-Escambia River
Basin" hydrologic units and that portion of the "Es-
cambia Bay Coastal Area" hydrologic unit which lies
west of Pensacola Bay and Escambia Bay.
b. One member shall reside in the area generally
designated as the "Blackwater River Basin-Yellow
River Basin-Choctawhatchee Bay Coastal Area" hy-
drologic units and that portion of the "Escambia Bay
Coastal Area" hydrologic unit which lies east of Pen-
sacola Bay and Escambia Bay.
c. One member shall reside in the area generally
designated as the "Choctawhatchee River Basin-St.
Andrews Bay Coastal Area" hydrologic units.
d. One member shall reside in the area generally
designated as the "Lower Chattahoo-
chee-Apalachicola River-Chipola River Ba-
sin-Coastal Area between Ochlockonee River Apa-
lachicola Rivers-Apalachicola Bay coastal area and
offshore islands" hydrologic units.
e. One member shall reside in the area generally
designated as the "Ochlockonee River Basin-St.
Marks and Wakulla Rivers and coastal area between
Aucilla and Ochlockonee River Basin" hydrologic
units.
f. Four members shall be appointed at large, ex-
cept that no county shall have more than two mem-
bers on the governing board.
2. Suwannee River Water Management District:
a. One member shall reside in the area generally
designated as the "Aucilla River Basin" hydrologic
unit.


17 1a0 i


HWAhrP DVfMITIfWaC


PhrT 9









Ch 373 WATER RE~AITRCREF' 1g


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


comprised of the Hillsborough, Alafia, and Little
Manatee River basins.
c. One member shall reside in the river basin gen-
erally designated as the Peace River.
d. One member shall reside in the area generally
comprised of the Manatee and Myakka River basins.
e. One member shall reside in the watershed ba-
sins lying north of the Anclote River basin and west
of the Oklawaha River basin, excluding theWithla-
coochee River.
f. One member shall reside in the watershed ba-
sins lying south of the northern limits of the Anclote
River basin and west of the Hillsborough River basin,
including all of Pinellas County.
Three members shall be appointed at large, ex-
cept that no county shall have more than two mem-
bers on the governing board, and Pinellas County
and Hillsborough County shall each have two mem-
bers.
(2) Members of the governing boards shall be ap-
pointed by the Governor, subject to confirmation by
the Senate at the next regular session of the Legisla-
ture, and the refusal or failure of the Senate to con-
firm an appointment shall create a vacancy in the of-
fice to which the appointment was made.
Hstory.-s. 13. part 1. ch. 72-299; a. II, ch. 75-22; s. 6, ch. 76-243; s. 1. ch.
77472; s. 3, ch. 80-259; s. 226, ch. 81-259.

373.076 Vacancies in the governing board;
removal from office.-
(1) Vacancies occurring in the governing board of
a district prior to the expiration of the affected term
shall be filled for the unexpired term.
(2) The Governor shall have authority to remove
from office any officer of said district in the manner
and for cause defined by the laws of this state appli-
cable to situations which may arise in said district.
1Hitory.-e. 14, pat I. ch. 72-299.

373.079 Members of governing board; oath
of office; staff.-
(1) Each member of the governing board of the
district, before entering upon his official duties, shall
take and subscribe to an oath, before some officer au-
thorized by law to administer oaths, that he will hon-
estly, faithfully and impartially perform the duties
devolving upon him in office as member of the gov-
erning board of the district to which he was appoint-
ed and that he will not neglect any of the duties im-
posed upon him by this chapter.
(2) Immediately after their appointment, and ev-
ery 2 years thereafter, members composing the gov-
erning board shall meet at some convenient place and
choose one of their number chairman of the board,
and some suitable person secretary, who may or may
not be a member of the governing board, and who
may be required to execute bond for the faithful per-
formance of his duties as the governing board may
determine. Such board shall adopt a seal with a suit-
able device, and shall keep a well bound book enti-
tled, in effect, "Record of Governing Board of
District," in which shall be recorded minutes of all
meetings, resolutions, proceedings, certificates, bonds
given by all employees, and any and all corporate
acts, which book shall at reasonable times be open to


r.Ch 73


WATER RESOlTRClF.S


F.S. 1981










....98.WTE ........ Q. Q


the inspection of any citizen of Florida or taxpayer in
the district or his agent or attorney.
(3) The chairman and members of the board shall
receive no compensation for such services, but while
officially on work for the district shall receive their
actual traveling expenses and subsistence and lodg-
ing, not to exceed the statutory amount allowed state
officers and employees, and other expenses in the ac-
tual amount incurred therefore.
(4) The governing board of the district is author-
ized to employ an executive director and such engi-
neers, other professional persons, and other person-
nel and assistants as the board may deem necessary
and under such terms and conditions as it may deter-
mine, and to terminate such employment.
(5) The governing board may employ a legal staff
for the purposes of:
(a) Providing legal counsel on matters relating to
the exercise of its powers and duties;
(b) Representing it in all proceedings of an ad-
ministrative or judicial nature; and
(c) Otherwise assisting in the administration of
the provisions of this chapter.
(6) By resolution the governing board may deter-
mine the location of its principal office and provide
for the change thereof.
(7) The governing board shall meet at least once
a month and upon call of the chairman.
History.-s. 15, part I, ch. 72-299.

373.083 General powers and duties of the
governing board.-In addition to other powers and
duties allowed it by law, the governing board is au-
thorized to:
(1) Contract with public agencies, private corpo-
rations, or other persons; sue and be sued; and ap-
point and remove agents and employees, including
specialists and consultants.
(2) Issue orders to implement or enforce any of
the provisions of this chapter or regulations thereun-
der.
(3) Make surveys and investigations of the water
supply and resources of the district and cooperate
with other governmental agencies in similar activi-
ties.
History.-s. 16. part I, ch. 72-299.

373.084 District works, operation by other
governmental agencies.-The district may permit
governing bodies of water conservation districts,
drainage and other improvement districts, and feder-
al, state and local governments, authorities or agen-
cies to operate and maintain the works of the district
under conditions which the governing board may
deem advisable.
History.-s. 4, ch. 29790,1955; 25, ch. 73-190.
Note.-Former s. 378.161.

373.085 Use of works by other districts.

(1) The governing board shall have authority to
prescribe the manner in which local works provided
by other districts or by private persons shall connect
with and make use of the works of the district, to is-
sue permits therefore, and to cancel the same for non-
compliance with the conditions thereof, or for other


cause. It shall be unlawful to connect with or make
use of the works of said district without consent in
writing from its governing board, and said board shall
have authority to prevent, or if done to estop or ter-
minate the same.
(2) Damage resulting from unlawful use of such
works, or from violations of the conditions of permit
issued by the board shall, if made by other than a
public agency, be subject to such penalty as is or may
be prescribed by law and in addition thereto by a
date and in a manner prescribed by the board, repair
of said damage to the satisfaction of said board, or
deposit with said board a sum sufficient therefore, and
if by a public agency, then at the expense of such
agency the repair of said damage to the satisfaction
of the board or the deposit with said board of a sum
sufficient therefore.
History.-. 17, ch. 25209, 1949; s. 25, ch. 73-190.
Note.-Former s. 378.17.

373.086 Providing for district works.-
(1) In order to carry out the works for the dis-
trict, and for effectuating the purposes of this chap-
ter, the governing board is authorized to clean out,
straighten, enlarge or change the course of any water-
way, natural or artificial, within or without the dis-
trict; to provide such canals, levees, dikes, dams,
sluiceways, reservoirs, holding basins, floodways,
pumping stations, bridges, highways and other works
and facilities which the board may deem necessary;
establish, maintain and regulate water levels in all ca-
nals, lakes, rivers, channels, reservoirs, streams or
other bodies of water owned or maintained by the
district; to cross any highway, or railway with works
of the district and to hold, control and acquire by do-
nation, lease or purchase, or to condemn any land,
public or private, needed for rights-of-way or other
purposes, and may remove any building or other ob-
struction necessary for the construction, mainte-
nance and operation of the works, and to hold and
have full control over the works and rights-of-way of
the district.
(2) The works of said district shall be those
adopted by the governing board of the district. The
district may require or take over for operation and
maintenance such works of other districts as the gov-
erning board may deem advisable under agreement
with such districts.
History.-.L 16, ch. 25209. 1949: s. 2, ch. 29790, 1955; 1. ch. 61-147; s. 3. ch.
61-497; s. 2, ch. 63-224: s. 1, ch. 67-206; s. 1, pat VI. ch. 72-299, 25. ch. 73-190.
Note.-Former a. 378.16.

373.087 District works using aquifer for
storage and supply.-The governing board may es-
tablish works of the district for the purpose of intro-
ducing water into, or drawing water from, the under-
lying aquifer for storage or supply. However, only wa-
ter of a compatible quality shall be introduced direct-
ly into such aquifer.
History.-L 1, ch. 72-318.

373.089 Sale of lands.-The governing board
of the district may sell lands to which the district has
acquired title or to which it may hereafter acquire ti-
tle in the following manner:


F.S. 1981


WATER RESOURCES


8h 373









Ch._ .7a WTERSOURCS 19_ 1


(1) Any lands determined by the governing board
to be surplus may be sold by the district, at any time
for the highest price obtainable.
(2) All sales of land shall be for cash or upon
terms and security to be approved by the governing
board, but a deed therefore shall not be executed and
delivered until full payment is made.
(3) Before selling any land, except as provided in
subsection (5) hereof, it shall be the duty of the dis-
trict to cause a notice of intention to sell to be pub-
lished in a newspaper published in the county in
which said land is situated once each week for 3 suc-
cessive weeks (three insertions being sufficient), the
first publication of which shall be not less than 30 nor
more than 45 days prior to any sale, which notice
shall set forth the time and place of the sale and a de-
scription of lands to be offered for sale.
(4) All sales shall be conducted at the county
courthouse in the county in which the land is located
on any day of the week except Sunday and at any
time specified in the notice between the hours of 11
a.m. and 2 p.m.
(5) Public sale shall npt be required where sur-
plus lands are being resold to the then owner of that
adjacent parcel from which the surplus land was orig-
inally parted; provided such sale is made within 1
year from the time the land is declared surplus; and
the owner of the adjacent parcel shall be notified by
registered mail to the address shown on the county
tax roll within 30 days after the land is declared sur-
plus.
History.-- 4. ch. 29790. 1955; s. 25, ch. 73-190.
Not.-Former a. 378.48.

373.093 Lease of lands or interest in land.
-The governing board of the district may lease any
lands or interest in land, including but not limited to
oil and mineral rights, to which the district has ac-
quired title, or to which it may hereafter acquire title
in the following manner:
(1) For the best price and terms obtainable, to be
determined by the board.
(2) Before leasing any land, or interest in land in-
cluding but not limited to oil and mineral rights, the
district shall cause a notice of intention to lease to be
published in a newspaper published in the county in
which said land is situated and such other places as
the board may determine once each week for 3 suc-
cessive weeks (three insertions being sufficient), the
first publication of which shall be not less than 30 nor
more than 45 days prior to any lease, which said no-
tice shall set forth the time and place of leasing and
a description ofthe lands to be leased.
(3) It shall not be necessary to publish the notice
as provided by subsection (2) where the lease is made
to a person in connection with land acquisition by the
district and the lease results in a diminution of the
cost to the district in the acquisition of the land.
History.-s. 4, ch. 29790. 1955; a. 25, ch. 73-190.
Not.--Former 378.49.

373.096 Releases.-The governing board of the
district may release any canal easement, reservation
or right-of-way interests, conveyed to it for which it
has no present or apparent future use under terms
and conditions determined by the board.
Histor.- 4. ch .9790, 1955, 1 25. ch. 3-190.
Note.-Former a. 378.50.


373.099 Execution of instruments.-Any in-
struments of sale, lease, release or conveyance exe-
cuted pursuant to the provisions of this chapter shall
be executed in the name of the district by its govern-
ing board acting by the chairman or vice chairman of
said board and shall have the corporate seal of the
board affixed thereto attested by its secretary and
any such instrument shall be effective to pass the ti-
tle or interest of the district in the property con-
veyed; provided, the district shall not warrant the ti-
tle to any property sold, leased, released or conveyed.
Hlstory.-- 4, ch; 29790, 1955; s. 25, ch. 73-190.
Note.-Former 378.51.

3.73.103 Powers which may be vested in the
governing board at the department's discretion.
-In addition to the other powers and duties allowed
it by law, the governing board of a water manage-
ment district may be specifically authorized by the
department to:
(1) Administer and enforce all provisions of this
chapter, including the permit systems established in
parts II, III, and IV of this chapter.
(2) Cooperate with the United States in the man-
ner provided by Congress for flood control, reclama-
tion, conservation, and allied purposes in protecting
the inhabitants, the land, and other property within
the district from the effects of a surplus or a deficien-
cy of water when the same may be beneficial to the
public health, welfare, safety, and utility.
(3) Plan, construct, operate, and maintain works
of the district as defined in this chapter.
(4) Determine, establish, and control the level of
waters to be maintained in all canals, lakes, rivers,
channels, reservoirs, streams, or other bodies of water
controlled by the district; to maintain such waters at
the levels so determined and established by means of
dams, locks, floodgates, dikes, and other structures;
and to regulate the discharge into, or withdrawal
from, the canals, lakes, rivers, channels, reservoirs,
streams, or other bodies of water controlled by the
district or which are a work of the district, including
review of small watershed projects (Pub. L. No.
83-566).
(5) Expend, at the discretion of the governing
board, for purposes of promotion, advertisement, and
improvement of the program and objectives of the
district, a yearly sum not to exceed 0.25 percent of
the moneys collected by taxation within the district.
(6) Exercise such additional power and authority
compatible with this chapter and other statutes and
federal laws affecting the district as may be necessary
to perform such duties and acts and to decide such
matters and dispose of the same as are not specifical-
ly defined in or covered by statute.
(7) Prepare, in cooperation with the department,
that part of the state water use plan applicable to the
district.
Hitory.-s. 17. part I. ch. 72-299; s. 7. ch. 73.190; a. 2, ch. 80-259.

373.106 Permit required for construction in-
volving underground formation.-
(1) No construction may be begun on a project in-
volving artificial recharge or the intentional introduc-
tion of water into any underground formation except


Ch. 373


WATER RESOURCES


F.S. 1981









RS._ i9_i WA___hR REORCE Ch.__ a7


as permitted in chapter 377, without the written per-
mission of the governing board of any water manage-
ment district within which the construction will take
place. Such application shall contain the detailed
plans and specifications for the construction of the
project.
(2) A water management district may do any act
necessary to replenish the ground water of said dis-
trict. The district may, among other things, for the
purposes of replenishing the ground water supplies
within the district:
(a) Buy water;
(b) Exchange water;
(c) Distribute water to persons in exchange for
ceasing or reducing ground water extractions;
(d) Spread, sink, and inject water into the under-
ground;
(e) Store, transport, recapture, reclaim, purify,
treat, or otherwise manage and control water for the
beneficial use of persons or property within the dis-
trict; and
(f) Build the necessary works to achieve ground
water replenishment.
History.-s. 18, part 1, ch. 72-299; a. 14, ch. 78-95.

373.107 Citation of rule.-In addition to any
other provisions within this part or any rules promul-
gated hereunder, the permitting agency shall, when
requesting information for a permit application pur-
suant to this part or such rules promulgated hereun-
der, cite a specific rule. If a request for information
cannot be accompanied by a rule citation, failure to
provide such information cannot be grounds to deny
a permit.
History.-s. 3, ch. 79-161.

373.109 Permit application fees.-When a
water management district governing board imple-
ments a permit system under part II, III, or IV of this
chapter, it shall establish a schedule of fees for filing
applications for the required permits. Such fees shall
reflect the cost to the district for processing the ap-
plication. However, permit fees shall not be required
from any governmental entity.
(1) All moneys received under the provisions of
this section shall be allocated for the use of the water
management district and shall be in addition to mon-
eys otherwise appropriated in any general appropria-
tion act.
(2) The failure of any person to pay the fees es-
tablished hereunder shall constitute grounds for re-
vocation of his permit.
History.-s. 19. part I, ch. 72-299: s. 7, ch. 76-243.

373.113 Adoption of regulations by the gov-
erning board.-In administering the provisions of
this chapter the governing board shall adopt, promul-
gate, and enforce such regulations as may be reason-
ably necessary to effectuate its powers, duties, and
functions pursuant to the provisions of chapter 120.
History.-a. 20. part 1. ch. 72-299.

373.114 Land and Water Adjudicatory Com-
mission; review of district policies, rules, and
orders.-The Governor and Cabinet, sitting as the


Land and Water Adjudicatory 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 manage-
ment of the water management district, to insure
compliance with the provisions and purposes of this
chapter. Such review may be initiated at any time by
the Governor and Cabinet, by the secretary, by the
Environmental Regulation Commission, or by an in-
terested party aggrieved by such rule or order, by fil-
ing a request for such review with the Land and Wa-
ter Adjudicatory Commission and serving a copy on
the water management district. Such request for re-
view is not a precondition to the effectiveness of such
rule or order, or to the seeking of judicial review as
provided by ss. 373.133 and 120.68.
Hiatory.-s. 11. ch. 75-22.

373.116 Procedure for water use and im-
poundment construction permit applications.-
(1) Applications for water use permits, under
part II of this chapter, and for permits for construc-
tion or alteration of dams, impoundments, reservoirs,
and appurtenant works, under part IV of this chap-
ter, shall be filed with the water management district
on appropriate forms provided by the governing
board.
(2) Upon receipt of an application for a permit of
the type referred to in subsection (1), the governing
board shall cause a notice thereof to be published in
a newspaper having general circulation within the af-
fected area. In addition, the governing board shall
send, by regular mail, a copy of such notice to any
person who has filed a written request for notifica-
tion of any pending applications affecting this partic-
ular designated area.
Hlstory.-s. 21. part I, ch. 72-299; s. 14, ch. 78-95.

373.117 Certification by professional engi-
neer.-
(1) If an application for a permit or license to
conduct an activity regulated under this chapter re-
quires the services of a professional engineer as regu-
lated and defined by chapter 471, the department or
governing board of a water management district may
require, as a condition of granting a permit or license,
that a professional engineer licensed under chapter
471 certify upon completion of the permitted or li-
censed activity that such activity has been completed
in substantial conformance with the plans and speci-
fications approved by the department or board.
(2) The cost of such certification by a profession-
al engineer shall be borne by the permitted.
(3) No permitted or licensed activity which is re-
quired to be so certified shall be placed into use or
operation until the professional engineer's certificate
is filed with the department or board.
History.-s. 4. ch. 79-160.

373.119 Administrative enforcement proce-
dures; orders.-
(1) Whenever the executive director of a water
management district has reason to believe that a vio-
lation of any provision of this chapter or any regula-


F.S. 1981


WATER RESOITRCES


Ch. 7A









Ch. $73 W R UC F 98


tion promulgated thereunder or permits or order is-
sued pursuant thereto has occurred, is occurring, or is
about to occur, the executive director may cause a
written complaint to be served upon the alleged vio-
lator or violators. The complaint shall specify the
provision or provisions of this chapter or regulation
or permit or order alleged to be violated or about to
be violated and the facts alleged to constitute a viola-
tion thereof, and may order that necessary corrective
action be taken within a reasonable time to be pre-
scribed in such order. Any such order shall become fi-
nal unless the person or persons named therein re-
quest by written petition a hearing no later than 14
days after the date such order is served.
(2) Whenever the executive director, with the
concurrence and advice of the governing board, finds
that an emergency exists requiring immediate action
to protect the public health, safety, or welfare; the
health of animals, fish or aquatic life; a public water
supply; or recreational, commercial, industrial, agri-
cultural or other reasonable uses, the executive direc-
tor may, without prior notice, issue an order reciting
the existence of such an emergency and requiring
that such action be taken as the executive director
deems necessary to meet the emergency.
(3) Any person to whom an emergency order is
directed pursuant to subsection (2) shall comply
therewith immediately, but on petition to the board
shall be afforded a hearing as soon as possible.
History.--. 22, part L h. 72-299 14. ch. 78-95.

373.123 Penalty.-Any person, real or artificial,
that shall construct or enlarge, or cause to be con-
structed or enlarged, a canal or shall enlarge or deep-
en a natural stream in such a manner as to permit
salt water to move inland of an established saltwater
barrier line, shall be guilty of a misdemeanor of the
second degree, punishable as provided in s. 775.083.
Each day such movement of salt water shall continue,
shall constitute a separate offense of the provisions of
this law.
Hitory.-s. 3, ch. 63-210: s. 324, ch. 71-136; a 25, ch. 73-190.
Note.-Formr a 373.195.

373.129 Maintenance of actions.-The de-
partment, the governing board of any water manage-
ment district, or any local board is authorized to
commence and maintain proper and necessary ac-
tions and proceedings in any court of competent ju-
risdiction for any of the following purposes:
(1) To enforce rules, regulations and orders
adopted or issued pursuant to this law.
(2) To enjoin or abate violations of the provisions
of this law or rules, regulations and orders adopted
pursuant thereto.
(3) To protect and preserve the water resources
of the state.
(4) To defend all actions and proceedings involv-
ing its powers and duties pertaining to the water re-
sources of the state.
History.- 16, ch. 57-380; s. 16, ch. 63-336; s. 25, 35, ch. 69-106; a. 25, ch.
73-190; 42, ch. 79-65.
Note.-Former s. 373.221.

373.136 Enforcement of regulations and or-
ders.-


(1) The governing board may enforce its regula-
tions and orders adopted pursuant to this chapter, by
suit for injunction or other appropriate action in the
courts of the state.
(2) Any action by a citizen of the state to seek ju-
dicial enforcement of any of the provisions of this
chapter shall be governed by the Florida Environ-
mental Protection Act, s. 403.412.
History.-. 25. part I ch. 72-299.

373.139 Acquisition of real property.-
(1) The Legislature declares it to be necessary for
the public health and welfare that water and wa-
ter-related resources be conserved and protected.
The acquisition of real property for this objective
shall constitute a public purpose for which public
funds may be expended.
(2) The governing board of the district is empow-
ered and authorized to acquire fee title to real prop-
erty and easements therein by purchase, gift, devise,
lease, eminent domain, or otherwise for flood control,
water storage, water management, and preservation
of wetlands, streams and lakes, except that eminent
domain powers may be used only for acquiring real
property for flood control and water storage.
(3) Lands acquired for the purposes enumerated
in subsection (2) may also be used for recreational
purposes, and whenever practicable such lands shall
be open to the general public for recreational uses.
(4) For the purpose of introducing water into, or
drawing water from, the underlying aquifer for stor-
age or supply, the governing board is authorized to
hold, control, and acquire by donation, lease, or pur-
chase any land, public or private.
(5) This section shall not limit the exercise of
similar powers delegated by statute to any state or lo-
cal governmental agency or other person.
history.--. 26. part I, ch. 72-299; a. 1, ch. 72-318.

373.146 Publication of notices, process, and
papers.-Whenever in this chapter the publication
of any notice, process, or paper is required or provid-
ed for, unless otherwise provided by law, the publica-
tion thereof in some newspaper or newspapers as de-
fined in chapter 50 having general circulation within
the area to be affected shall be taken and considered
as being sufficient.
History.--. 44, ch. 2209, 1949 27, part 1, ch. 72-299; s. 25, ch. 73-190 s.
14. ch. 78-96.
Not.-Former a. 378.44.

373.149 Existing districts preserved.-The
enactment of this act shall not affect the existence of
the Central and Southern Florida Flood Control Dis-
trict created by chapter 25270, Laws of Florida, 1949,
or the Southwest Florida Water Management Dis-
trict, created by chapter 61-691, Laws of Florida, or
any contract or obligation of such districts entered
into prior to the effective date of this act. The two
districts shall continue to exercise the taxing powers
authorized to them in the territories within their re-
spective boundaries, except that nothing herein shall
limit the department in considering and recommend-
ing to the 1973 session of the Legislature changes in
the boundaries and transfers of funds, appropria-
tions, personnel, property, or equipment between or


WATER RESOURCES


F.S. 1981


Ch 373a









.. 1 t QJ I Qjm JLfjlV .1. UV.jQ (i. 7I


among the existing districts and districts created by
this chapter. The two districts shall continue to exer-
cise the powers presently authorized by chapters 378
and 373, notwithstanding provisions contained to the
contrary in this chapter, until any such powers shall
be specifically revoked or modified by the depart-
ment pursuant to this chapter, except that the provi-
sions of s. 373.139 relating to acquisition of real prop-
erty shall apply.
History.-s. 28, part I. ch. 72-299.

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, governing boards, by action
not inconsistent with the other provisions of this law
and without impairing property rights, may:
(a) Establish rules, regulations, or orders affect-
ing the use of water, as conditions warrant, and for-
bidding the construction of new diversion facilities or
wells, the initiation of new water uses, or the modifi-
cation of any existing uses, diversion facilities, or
storage facilities within the affected area.
(b) Regulate the use of water within the affected
area by apportioning, limiting, or rotating uses of wa-
ter or by preventing those uses which the governing
board finds have ceased to be reasonable or benefi-
cial.
(c) Make other rules, regulations, and orders nec-
essary for the preservation of the interests of the
public and of affected water users.
(2) In promulgating rules and regulations and is-
suing orders under this law, the governing board shall
act with a view to full protection of the existing rights
to water in this state insofar as is consistent with the
purpose of this law.
(3) No rule, regulation or order shall require any
modification of existing use or disposition of water in
the district unless it is shown that the use or disposi-
tion proposed to be modified is detrimental to other
water users or to the water resources of the state.
(4) All rules and regulations adopted by the gov-
erning board shall be filed with the Department of
State as provided in chapter 120. An information
copy will be filed with the Department of Environ-
mental Regulation.
History.-. 11, ch. 57-380 s. S, ch. 63-336; s. 10. 25, 35, ch. 69-106; s 8, ch.
76-243; a. 1, ch. 77-117; s. 14, ch. 78-95.

373.175 Declaration of water shortage;
emergency orders.-
(1) The governing board of the district may by
order declare that a water shortage exists within all
or part of the district when insufficient ground or
surface water is available to meet the needs of the us-
ers or when conditions are such as to require tempo-
rary reduction in total use within the area to protect
water resources from serious harm.
(2) The governing board may impose such restric-
tions on one or more users of the water resource as
may be necessary to protect the water resources of
the area from serious harm.
(3) When a water shortage is declared, the gov-


earning board shall cause notice thereof to be pub-
lished in a prominent place within a newspaper of
general circulation throughout the area. Publication
of such notice shall serve as notice to all users in the
area of the condition of water shortage.
(4) If an emergency condition exists due to a wa-
ter shortage within any area of the district and the
executive director of the district, with the concur-
rence of the governing board, finds that the exercise
of powers under this section is not sufficient to pro-
tect the public health, safety, or welfare, the health of
animals, fish, or aquatic life, a public water supply, or
recreational, commercial, industrial, agricultural, or
other reasonable uses, he may, pursuant to the provi-
sions of chapter 120, issue emergency orders reciting
the existence of such an emergency and requiring
that such action, including, but not limited to, appor-
tioning, rotating, limiting, or prohibiting the use of
the water resources of the district, be taken as the ex-
ecutive director, with the concurrence of the govern-
ing board, deems necessary to meet the emergency.
'(5) The Department of Natural Resources shall
review, and may rescind, modify, or approve, any pol-
icy rule, regulation, or order of a water management
district authorized by this section.
History.-s. 1, ch. 72-730; s. 25, ch. 73-190; 1. ch. 73-295; s. 14, ch. 78-95.
'Note.-See e. 11. ch. 75-22 (a. 373.114), which vests exclusive authority to re-
view police ,rul regulations, and order of water management district in the
Governor and Cabinet, sitting as the Land and Water Adjudicatory Commis-
sion.
Not.--Former 37.152.

373.191 County water conservation proj-
ects.-The several counties of the state may cooper-
ate with the division by engaging in county water de-
velopment and conservation projects and may use
county funds and equipment for this purpose and to
do all other things necessary in connection with the
development and conservation of the county's water
resources consistent with the provisions of this law
and the rules and regulations adopted pursuant
thereto.
History.-s. 13, ch. 57-380; as. 25. 35, ch. 69-106.

373.196 Legislative findings.-
(1) It is the finding of the Legislature that coop-
erative efforts between municipalities, counties, wa-
ter management districts, and the Department of En-
vironmental Regulation are mandatory in order to
meet the water needs of rapidly urbanizing areas in a
manner which will supply adequate and dependable
supplies of water where needed without resulting in
adverse effects upon the areas from whence such wa-
ter is withdrawn. Such efforts should utilize all prac-
tical means of obtaining water, including, but not
limited to, withdrawals of surface water and ground
water, recycling of waste water, and desalinization,
and will necessitate not only cooperation but also
well-coordinated activities. The purpose of this act is
to provide additional statutory authority for such co-
operative and coordinated efforts.
(2) Municipalities and counties are encouraged to
create regional water supply authorities as authorized
herein. It is further the intent that municipalities,
counties, and regional water supply authorities are to
have the primary responsibility for water supply, and
water management districts and their basin boards


FS 1981


WATER RESOURCES


Ch Q37









WATER RESOURCES


are to engage only in those functions that are inci-
dental to the exercise of their flood control and water
management powers.
(3) Nothing herein shall be construed to preclude
the various municipalities and counties from contina-
ing to operate existing water production and trans-
mission facilities or to enter into cooperative agree-
ments with other municipalities and counties for the
purpose of meeting their respective needs for de-
pendable and adequate supplies of water, provided
the obtaining of water through such operations shall
not be done in a manner which results in adverse ef-
fects upon the areas from whence such water is with-
drawn.
History.-- 1, c, 74-114; s. 43, ch. 79-65.

373.1961 Water production.-In the perfor-
mance of, and in conjunction with, its other powers
and duties, the governing board of a water manage-
ment district existing pursuant to chapter 373:
(1) May engage in planning to assist counties,
municipalities, and regional water supply authorities
in meeting the water supply needs of the rapidly ur-
banizing areas within its district in such manner as
will give priority to reducing adverse environmental
effects of improper or excessive withdrawals of water
from concentrated areas.
(2) Upon request of a county, municipality, or re-
gional water supply authority, shall assist such coun-
ties and municipalities and water supply authorities
in meeting the water supply needs of the rapidly ur-
banizing areas within its district in such manner as
will give priority to reducing adverse environmental
effects of improper or excessive withdrawals of water
from concentrated areas.
(3) At the request of a county, municipality, or
regional water supply authority, may establish water
production and transmission facilities for the pur-
pose of supplying water to such counties, municipali-
ties, and regional water supply authorities.
(4) Shall not engage in local distribution.
(5) Shall not deprive, directly or indirectly, any
county wherein water is withdrawn of the prior right
to the reasonable and beneficial use of water which is
required to supply adequately the reasonable and
beneficial needs of the county or any of the inhabi-
tants or property owners therein.
(6) May provide water and financial assistance to
regional water supply authorities, but may not pro-
vide water to counties and municipalities which are
located within the area of such authority without the
specific approval of the authority or, in the event of
the authority's disapproval, the approval of the Gov-
ernor and Cabinet sitting as the Land and Water Ad-
judicatory Commission. The district may supply wa-
ter at rates and upon terms mutually agreed to by the
parties or, if they do not agree, as set by the govern-
ing board and specifically approved by the Governor
and Cabinet sitting as the Land and Water Adjudica-
tory Commission.
(7) May acquire title to such interest as is neces-
sary in real property, by purchase, gift, devise, lease,
eminent domain, or otherwise, for water production
and transmission consistent with this section. How-
ever, the district shall not use any of the eminent do-


main powers herein granted to acquire water and wa-
ter rights already devoted to reasonable and benefi-
cial use or any water production or transmission fa-
cilities owned by any county, municipality, or region-
al water supply authority.
bstory.--. 2. ch. 74-114; 14, ch. 76-243.

373.1962 Regional water supply authorities.

(1) By agreement between local governmental
units created or existing pursuant to the provisions of
Art. VIII of the State Constitution, pursuant to the
Florida Interlocal Cooperation Act of 1969, s. 163.01,
and upon the approval of the 'Governor and Cabinet
sitting as head of the Department of Natural Re-
sources to insure that such agreement will be in the
public interest and complies with the intent and pur-
poses of this act, regional water supply authorities
may be created for the purpose of developing, stor-
ing, and supplying water for county or municipal pur-
poses in such a manner as will give priority to reduc-
ing adverse environmental effects of excessive or im-
proper withdrawals of water from concentrated areas.
In approving said agreement the 'Governor and Cabi-
net, sitting as head of the Department of Natural Re-
sources, shall consider, but not be limited to, the fol-
lowing:
(a) Whether the geographic territory of the pro-
posed authority is of sufficient size and character to
reduce the environmental effects of improper or ex-
cessive withdrawals of water from concentrated ar-
eas.
(b) The maximization of economic development
of the water resources within the territory of the pro-
posed authority.
(c) The availability of a dependable and adequate
water supply.
(d) The ability of any proposed authority to de-
sign, construct, operate, and maintain water supply
facilities in the locations, and at the times necessary,
to insure that an adequate water supply will be avail-
able to all citizens within the authority.
(e) The effect or impact of any proposed authori-
ty on any municipality, county, or existing authority
or authorities.
(f) The existing needs of the water users within
the area of the authority.
(2) In addition to other powers and duties agreed
upon, and notwithstanding the provisions of s.
163.01, such authority may:
(a) Upon approval of the electors residing in each
county or municipality within the territory to be in-
cluded in any authority, levy ad valorem taxes, not to
exceed one-half mill, pursuant to s. 9(b), Art. VII of
the State Constitution. No tax authorized by this
paragraph shall be levied in any county or municipal-
ity without an affirmative vote of the electors resid-
ing in such county or municipality.
(b) Acquire water and water rights; develop,
store, and transport water; provide, sell and deliver
water for county or municipal uses and purposes;
provide for the furnishing of such water and water
service upon terms and conditions and at rates which
will apportion to parties and nonparties an equitable


Ch. 373


F.S. 1981









We. IORI WAT6 D 0 I.1C (nUV. r Q


share of the capital cost and operating expense of the
authority's work to the purchaser.
(c) Not engage in local distribution.
(d) Exercise the power of eminent domain in the
manner provided by law for the condemnation of pri-
vate property for public use to acquire title to such
interest in real property as is necessary to the exer-
cise of the powers herein granted, except water and
water rights already devoted to reasonable and bene-
ficial use or any water production or transmission fa-
cilities owned by any county or municipality.
(e) Issue revenue bonds in the manner prescribed
by the Revenue Bond Act of 1953, as amended, part
I, chapter 159, to be payable solely from funds de-
rived from the sale of water by the authority to any
county or municipality. Such bonds may be addition-
ally secured by the full faith and credit of any county
or municipality, as provided by s. 159.16 or by a
pledge of excise taxes, as provided by s. 159.19. For
the purpose of issuing revenue bonds, an authority
shall be considered a "unit" as defined in s. 159.02(2)
and as that term is used in the Revenue Bond Act of
1953, as amended. Such bonds may be issued to fi-
nance the cost of acquiring properties and facilities
for the production and transmission of water by the
authority to any county or municipality, which cost
shall include the acquisition of real property and
easements therein for such purposes. Such bonds
may be in the form of refunding bonds to take up any
outstanding bonds of the authority or of any county
or municipality where such outstanding bonds are se-
cured by properties and facilities for production and
transmission of water, which properties and facilities
are being acquired by the authority. Refunding
bonds may be issued to take up and refund all out-
standing bonds of said authority that are subject to
call and termination, and all bonds of said authority
that are not subject to call or redemption, when the
surrender of said bonds can be procured from the
holder thereof at prices satisfactory to the authority.
Such refunding bonds may be issued at any time
when, in the judgment of the authority, it will be to
the best interest of the authority financially or eco-
nomically by securing a lower rate of interest on said
bonds or by extending the time of maturity of said
bonds or, for any other reason, in the judgment of the
authority, advantageous to said authority.
(f) Sue and be sued in its own name.
(g) Borrow money and incur indebtedness and is-
sue bonds or other evidence of such indebtedness.
(h) Join with one or more other public corpora-
tions for the purpose of carrying out any of its powers
and for that purpose to contract with such other pub-
lic corporation or corporations for the purpose of fi-
nancing such acquisitions, construction, and opera-
tions. Such contracts may provide for contributions
to be made by each party thereto, for the division and
apportionment of the expenses of such acquisitions
and operations, and for the division and apportion-
ment of the benefits, services, and products there-
from. Such contract may contain such other and fur-
ther covenants and agreements as may be necessary
and convenient to accomplish the purposes hereof.
(3) When it is found to be in the public interest,


for the public convenience and welfare, for a public
benefit, and necessary for carrying out the purpose of
any regional water supply authority, any state agen-
cy, county, water control district existing pursuant to
chapter 298, water management district existing pur-
suant to chapter 373, municipality, governmental
agency, or public corporation in this state holding ti-
tle to any interest in land is hereby authorized, in its
discretion, to convey the title to or dedicate land, ti-
tle to which is in such entity, including tax reverted
land, or to grant use-rights therein, to any regional
water supply authority created pursuant to this sec-
tion. Land granted or conveyed to such authority
shall be for the public purposes of such authority and
may be made subject to the condition that in the
event said land is not so used, or if used and subse-
quently its use for said purpose is abandoned, the in-
terest granted shall cease as to such authority and
shall automatically revert to the granting entity.
(4) Each county or municipality which is a party
to an agreement pursuant to subsection (1) shall have
a preferential right to purchase water from the re-
gional water supply authority for use by such county
or municipality.
(5) In carrying out the provisions of this section,
any county wherein water is withdrawn by the au-
thority shall not be deprived, directly or indirectly, of
the prior right to the reasonable and beneficial use of
water which is required adequately to supply the rea-
sonable and beneficial needs of the county or any of
the inhabitants or property owners therein.
(6) Upon a resolution adopted by the governing
body of any county or municipality, the authority
may, subject to a majority vote of its voting members,
include such county or municipality in its regional
water supply authority upon such terms and condi-
tions as may be prescribed.
(7) The authority shall design, construct, operate,
and maintain facilities in the locations and at the
times necessary to insure that an adequate water
supply will be available to all citizens within the au-
thority.
History.-- 7, ch. 74-114; 1. ch. 77-174;. 35, ch. 79-5.
'Not.--Section 11, ch. 75-22 transferred powers. duties, and function of the
Department of Natural Reources relating to water management to the Depart.
ment of Environmental Regulation.

373.1963 Assistance to West Coast Regional
Water Supply Authority.-
(1) In lieu of the provisions in paragraph
373.1962(2)(a), the Southwest Florida Water Man-
agement District shall assist the West Coast Regional
Water Supply Authority for a period of 5 years, ter-
minating December 31, 1981, by levying an ad va-
lorem tax, upon request of the authority, of not more
than 0.05 mill on all taxable property within the lim-
its of the authority. During such period the corre-
sponding basin board ad valorem tax levies shall be
reduced accordingly.
(2) The authority shall prepare its annual budget
in the same manner as prescribed for the preparation
of basin budgets, but such authority budget shall not
be subject to review by the respective basin boards or
by the governing board of the district.
(3) The annual millage for the authority shall be


FC 1Q91


WATER RESOURCES


Ch 373









WATER RESOURCES


the amount required to raise the amount called for by
the annual budget when applied to the total assess-
ment on all taxable property within the limits of the
authority, as determined for county taxing purposes.
(4) The authority may, by resolution, request te
governing board of the district to levy ad valorem
taxes within the boundaries of the authority. Upon
receipt of such request, together with formal certifi-
cation of the adoption of its annual budget and of the
required tax levy, the authority tax levy shall be
made by the governing board of the district to fi-
nance authority functions.
(5) The taxes provided for in this section shall be
extended by the property appraiser on the county tax
roll in each county within, or partly within, the au-
thority boundaries and shall be collected by the tax
collector in the same manner and time as county tax-
es, and the proceeds therefrom paid to the district
which shall forthwith pay them over to the authority.
Until paid, such taxes shall be a lien on the property
against which assessed and enforceable in like man-
ner as county taxes. The property appraisers, tax col-
lectors, and clerks of the circuit court of the respec-
tive counties shall be entitled to compensation for
services performed in connection with such taxes at
the same rates as apply to county taxes.
(6) The governing board of the district shall not
be responsible for any actions or lack of actions by
the authority.
Hitory.-- 13. ch. 76.243: .. 1, ch. 77-174.

373.1965 Kissimmee River Valley and Tay-
lor Creek-Nubbias Slough Basin; coordinating
council on zretortion; project implementation.

(1) There is created the Coordinating Council on
the Restoration of the Kissimmee River Valley and
Taylor Creek-Nubbins Slough Basin. The council
shall be composed of the Executive Director of the
Department of Natural Resources, the Executive Di-
rector of the Florida Game and Fresh Water Fish
Commission, the Executive Director of the Central
and Southern Florida Flood Control District, and the
Commissioner of the Department of Agriculture and
Consumer Services, or their designees, and the Secre-
tary of the Department of Environmental Regula-
tion, who shall serve as chairman.
(2) In recognition of the complete findings of the
Special Project to Prevent the Eutrophication of
Lake Okeechobee, the council shall develop measures
which are to be taken by the Department of Environ-
mental Regulation, the Department of Natural Re-
sources, the Game and Fresh Water Fish Commis-
sion, and the Central and Southern Florida Flood
Control District to restore the water quality of the
Kissimmee River Valley and Taylor Creek-Nubbins
Slough Basin. Such measures shall be designed to
minimize and ultimately remove the threats to the
agricultural industry, the wildlife, and the people of
central and southern Florida, posed by land uses and
water-management practices which cause the degra-
dation of water quality in such area and shall be de-
signed to alleviate excessive nutrient loading from
the Taylor Creek-Nubbins Slough Basin. In develop-
ing such measures, the council shall seek to:


(a) Conserve and improve ground and surface
water supplies throughout the region.
(b) Improve the quality of water for all beneficial
purposes throughout the region, and in Lake Okee-
chobee.
(c) Restore the natural seasonal water level fluc-
tuations in the lakes of the Kissimmee River and in
its natural flood plains and marshlands.
(d) Recreate conditions favorable to increases in
production of wetland vegetation, native aquatic life,
and wetland wildlife.
(e) Protect presently developed areas from un-
natural floods, to the extent that such protection is
now achievable.
(f) Utilize the natural and free energies of the riv-
er:system to the greatest extent possible, so as to hold
to a minimum all recurring annual needs of petrole-
um energy supplies.
(g) Provide for the effective enforcement of exist-
ing laws designed to prevent excessive nutrient load-
ing of area waters.
(3) The Department of Environmental Regula-
tion, the Department of Natural Resources, the
Game and Fresh Water Fish Commission, and the
Central and Southern Florida Flood Control District
shall each implement and enforce those measures de-
veloped by the council which are within its jurisdic-
tion. The Secretary of the Department of Environ-
mental Regulation shall be responsible for the overall
supervision of the enforcement of such measures.
(4) The Central and Southern Florida Flood Con-
trol District or its successor agency shall establish a
Special Trust Fund for the Restoration of the Kis-
sunmee River Valley and Lake Okeechobee, which
shall be funded from State General Revenue, federal
matching funds, donations, and district funds, pro-
vided that district funds shall equal 20 percent of
State General Revenue funds.
(5) The Secretary of the Department of Environ-
mental Regulation shall present to the Legislature,
within 1 year of the effective date of this act, the
qquncil's comprehensive report and complete plans
for implementation of the corrective actions re-
quired, including fund requirements, and the imple-
mentation of the program within 5 years after the ef-
fective date of this act. During the 5-year implemen-
tation period, the Secretary of the Department of
Environmental Regulation shall present to the Legis-
lature an annual, comprehensive, interim progress re-
port.
(6) Upon completion of the entire program to the
satisfaction of the council and the Legislature, the
council shall cease to exist, and all funds and moneys
remaining in the Special Fund shall be immediately
paid over to the General Revenue Fund.
Bitory.--L 1, ch. 76-113.

373.197 Kissimmee River Valley and Taylor
Creek-Nubbins Slough Basin restoration proj-
ect; measures authorized.-
(1) The Legislature hereby directs the Florida
Department of Environmental Regulation, in con-
junction with the South Florida Water Management
District, to seek appropriate authorization by the
Congress of the United States for a restudy of the


Ch. 373


F.S. 1981









P.S. 19R1 WAhI REuCE Ch. a73_______


Kissimmee River Valley and the Taylor
Creek-Nubbins Slough Basin.
(2) The Legislature recommends that the autho-
rization provide that the Board of Engineers for Riv-
ers and Harbors, created under s. 3 of the Rivers and
Harbors Act, approved June 13, 1902, be directed to
review the report of the Chief of Engineers on Cen-
tral and Southern Florida, published as House Docu-
ment Numbered 643, Eightieth Congress, and other
pertinent reports, with a view to determining wheth-
er any modification of the recommendations con-
tained therein and of the system of works construct-
ed pursuant thereto is advisable with respect to ques-
tions of the quality of water entering the Kissimmee
River and Taylor Creek-Nubbins Slough and Lake
Okeechobee therefrom, flood control, recreation, nav-
igation, loss of fish and wildlife resources, other cur-
rent and foreseeable environmental problems, and loss
of environmental amenities in those areas. Potential
modification alternatives, if any, shall include, but
not be limited to, consideration of restoration of all
or parts of the Kissimmee River below Lake Kissim-
mee and of the Taylor Creek-Nubbins Slough Basin.
(3) The Department and the Water Management
District shall also seek to assure that this restudy be
conducted by the Corps of Engineers in close cooper-
ation with the Coordinating Council on the Restora-
tion of the Kissimmee River Valley and the Taylor
Creek-Nubbins Slough Basin and that the study be
responsive to the problems and needs identified by
the Coordinating Council and consider development
of detailed physical and mathematical models to as-
sess and predict these identified problems.
History.-. ch. 77-04.
PART II

PERMITTING OF CONSUMPTIVE
USES OF WATER

373.203 Definitions.
373.206 Artesian wells; flow regulated.
373.209 Artesian wells; penalties for violation.
373.213 Certain artesian wells exempt.
373.216 Implementation of program for regulating
the consumptive use of water.
373.217 Superseded laws and regulations.
373.219 Permits required.
373.223 Conditions for a permit.
373.224 Existing permits.
373.226 Existing uses.
373.229 Application for permit.
373.232 Citation of rule.
373.233 Competing applications.
373.236 Duration of permits.
373.239 Modification and renewal of permit terms.
373.243 Revocation of permits.
373.244 Temporary permits.
373.246 Declaration of water shortage or emergen-
cy.
373.249 Existing regulatory districts preserved.

373.203 Definitions.-


(1) An "artesian well" is defined as an artificial
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 de-
fined 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 system of Florida, as
determined by representatives of the Florida Geolog-
ical Survey or Department of Environmental Regula-
tion.
(2) "Waste" is defined to be the causing, suffering
or permitting any water flowing from, or being
pumped from, an artesian well to run into any river,
creek, or other natural watercourse or channel, or
into any bay or pond (unless used thereafter for the
beneficial purposes of irrigation of land, mining or
other industrial 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 bene-
ficial purposes of the irrigation thereof, industrial
purposes, domestic use, or the propagation of fish.
The use of any water flowing from an artesian well
for the irrigation of land shall be restricted to a mini-
mum by the use of proper structural devices in the ir-
rigation system.
History.-- 3.4, ch. 28253.1953: 1, ch. 59-248; s. 25,35, ch. 69-106; 25,
ch. 73-190;. 44. ch. 79-65.
Note.-Former m 370.051, 373.021.

373.206 Artesian wells; flow regulated.-Ev-
ery person, stock company, association or corpora-
tion, county or municipality owning or controlling
the real estate upon which is located a flowing arte-
sian well in this state shall, within 90 days after June
15, 1953, provide each such well with a valve capable
of controlling the discharge from the well, and 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 busi-
ness. However, if the water in a well is so highly min-
eralized or otherwise of such poor quality that it is no
longer a usable water supply, as determined by the
Department of Environmental Regulation, then it
shall be plugged in accordance with the department's
specifications for well plugging.
History.-. 1, ch. 28253. 1953;s. 1, ch. 65-460; u. 25,35. ch. 69-106 s. 25, ch.
73-190;, 45, ch. 79-65.
Note.-Former s 37;052, 373.031.

373.209 Artesian wells; penalties for viola-
tion.-
(1) No owner, tenant, occupant, or person in con-
trol of an artesian well shall knowingly and intention-
ally
(a) Allow the well to flow continuously without a
valve or mechanical device for checking or controlling
the flow.
(b) Permit the water to flow unnecessarily.
(c) Pump a well unnecessarily.
(d) Permit the water from the well to go to waste.
(2) A well is exempt from the provisions of this


F-S. 191i


WATER RESOITRCEf


Ch- 373









C.7WAT.R R T1? VC 101


section unless the Department of Environmental
Regulation can show that the uncontrolled flow of
water from the well does not have a reasonable and
beneficial use, as defined in s. 373.019(5).
(8) Any person who violates any provision of this
section shall be subject to either:
(a) The remedial measures provided for in s.
373.436; or
(b) A civil penalty of $100 a day for each and ev-
ery day of such violation and for each and every act
of violation. The civil penalty may be recovered by
the water management board of the water manage-
ment district in which the well is located or by the
department in a suit in a court of competent jurisdic-
tion in the county where the defendant resides, in the
county of residence of any defendant if there is more
than one defendant, or in the county where the viola-
tion took place. The place of suit shall be selected by
the board or department, and the suit, by direction of
the board or department, shall be instituted and con-
ducted in the name of the board or department by
appropriate counsel. The payment of any such dam-
ages does not impair or abridge any cause of action
which any person may have against the person violat-
ing any provision of this section.
(4) The penalties provided by this section shall
apply notwithstanding any provisions of law to the
contrary.
History.-s. 2, ch. 28253, 1953; s. 323. ch. 71-136; a. 25. ch. 73-190; s. 1, ch.
74-279; s. 46. cb. 79-6 s a 146. ch 79-400.
Note.-Former s. 370.053 373041

373.213 Certain artesian wells exempt.
-Nothing in ss. 370.051-370.055 shall be construed
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 wa-
ter is necessary to maintain its purity for bathing and
the water level of said lake for fish.
History.--. 6, ch. 253, 1963; 25, c. 73-190t
Note.-Former s. 370.0s, 373.061.

373.216 Implementation of program for reg-
ulating the consumptive use of water.-The de-
partment may authorize the governing board of a wa-
ter management district to implement a program for
the issuance of permits authorizing the consumptive
use of particular quantities of water. Notice of any
required hearing oi the proposed implementation of
these regulations shall be published at least once a
week for 2 weeks in a newspaper of general circula-
tion in the area to be affected by such regulations,
the last notice appearing no less than 10 days prior to
the date of the public hearing, in addition to any no-
tice required by chapter 120.
History.-s. 1, part II. 7c. 72-29~ s. 8, ch. 73-190; s. 14. ch. 78-95.

373.217 Superseded laws and regulations.-
(1) It is the intent of the Legislature to provide a
means whereby reasonable programs for the issuance
of permits authorizing the consumptive use of partic-
ular quantities of water may be authorized by the De-
partment of Environmental Regulation, subject to ju-
dicial review and also subject to review by the Gover-


nor and Cabinet, sitting as the Land and Water Ad-
judicatory Commission as provided in s. 373.114.
(2) It is the further intent of the Legislature that
Part II of the Florida Water Resources Act of 1972,
as amended, as set forth in as. 373.203-373.249, shall
provide the exclusive authority for requiring permits
for the consumptive use of water and for authorizing
transportation thereof pursuant to s. 373.223(2).
(3) If any provision of Part II of the Florida Wa-
ter Resources Act of 1972, as amended, as set forth in
as. 373.203-373.249, is in conflict with any other pro-
vision, limitation, or restriction which is now in effect
under any law or ordinance of this state or any politi-
cal subdivision or municipality, or any rule or regula-
tion promulgated thereunder, Part II shall govern
and control, and such other law or ordinance or rule
or regulation promulgated thereunder shall be
deemed superseded for the purpose of regulating the
consumptive use of water. However, this section shall
not be construed to supersede the provisions of the
Florida Electrical Power Plant Siting Act.
(4) Other than as provided in subsection (3) of
this section, Part II of the Florida Water Resources
Act of 1972, as amended, preempts the regulation of
the consumptive use of water as defined in this act.
History.-s. 9, ch. 76-243: s. 1, ch. 77-174.

373.219 Permits required.-
(1) The governing board or the department may
require such permits for consumptive use of water
and may impose such reasonable conditions as are
necessary to assure that such use is consistent with
the overall objectives of the district or department
and is not harmful to the water resources of the area.
However, no permit shall be required for domestic
consumption of water by individual users.
(2) In the event that any person shall file a com-
plaint with the governing board or the department
that any other person is making a diversion, with-
drawal, impoundment, or consumptive use of water
not expressly exempted under the provisions of this
chapter and without a permit to do so, the governing
board or the department shall cause an investigation
to be made, and if the facts stated in the complaint
are verified the governing board or the department
shall order the discontinuance of the use.
History.-s. 2, part II, ch. 72-299; 9, ch. 73-190.

373.223 Conditions for a permit.-
(1) To obtain a permit pursuant to the provisions
of this chapter, the applicant must establish that the
proposed use of water:
(a) Is a reasonable beneficial use as defined in s.
373.019(5); and
(b) Will not interfere with any presently existing
legal use of water; and
(c) Is consistent with the public interest.
(2) The governing board or the department may
authorize the holder of a use permit to transport and
use ground or surface water beyond overlying land,
across county boundaries, or outside the watershed
from which it is taken if the governing board or de-
partment determines that such transport and use is
consistent with the public interest, and no local gov-


Ch. 373


WATER RESOURCES


FS 1081










F.S. 1981 WATER RESOURCES Ch. 373


ernment shall adopt or enforce any law, ordinance,
rule, regulation, or order to the contrary.
(3) The governing board or the department, by
regulation, may reserve from use by permit appli-
cants, water in such locations and quantities, and for
such seasons of the year, as in its judgment may be
required for the protection of fish and wildlife or the
public health and safety. Such reservations shall be
subject to periodic review and revision in the light of
changed conditions. However, all presently existing
legal uses of water shall be protected so long as such
use is not contrary to the public interest.
History.-a. 3, part nI. ch. 72-299 s. 10, ch. 73-190, s. 10, ch. 76-243.

373.224 Existing permits.-Any permits or
permit agreements for consumptive use of water exe-
cuted or issued by an existing flood control, water
management, or water regulatory district pursuant to
chapter 373 or chapter 378 prior to December 31,
1976, shall remain in full force and effect in accord-
ance with its terms until otherwise modified or re-
voked as authorized herein.
History.--s. 11, ch. 73-190:; 3,ch. 75-125.

373.226 Existing uses.-
(1) All existing uses of water, unless otherwise ex-
empted from regulation by the provisions of this
chapter, may be continued after adoption of this per-
mit system only with a permit issued as provided
herein.
(2) The governing board or the department shall
issue an initial permit for the continuation of all uses
in existence before the effective date of implementa-
tion of this part if the existing use is a reasonable
beneficial use as defined in s. 373.019(5) and is allow-
able under the common law of this state.
(3) Application for permit under the provisions of
subsection (2) must be made within a period of 2
years from the effective date of implementation of
these regulations in an area. Failure to apply within
this period shall create a conclusive presumption of
abandonment of the use, and the user, if he desires to
revive the use, must apply for a permit under the
provisions of s. 373.229.
History.-s. 4, part II, ch. 72-299; s. 12. ch. 73-190.

373.229 Application for permit.-
(1) All permit applications filed with the govern-
ing board or the department under this part and no-
tice thereof required under s. 373.116 shall contain:
(a) The name of the applicant and his address
or, in the case of a corporation, the address of its
principal business office;
(b) The date of filing;
(c) The date set for a hearing, if any;
(d) The source of the water supply;
(e) The quantity of water applied for;
(f) The use to be made of the water and any
limitation thereon;
(g) The place of use;
(h) The location of the well or point of diver-
sion; and
(i) Such other information as the governing
board or the department may deem necessary.


(2) The notice shall state that written objections
to the proposed permit may be filed with the govern-
ing board or the department by a specified date. The
governing board or the department, at its discretion,
may request further information from either appli-
cant or objectors, and a reasonable time shall be al-
lowed for such responses.
(3) If the proposed application is for less than
100,000 gallons per day, the governing board or the
department may consider the application and any
objections thereto without a hearing. If the proposed
application is for 100,000 gallons per day or more and
no objection is received, the governing board or the
department, after proper investigation by its staff,
may, at its discretion, approve the application with-
out a hearing.
History.-- 5, part II, ch. 72-299; s. 13, ch. 73-190 s. 11. ch. 76-243; s. 1, ch.
77-174.

373.232 Citation of rule.-In addition to any
other provisions within this part or any rules promul-
gated hereunder, the permitting agency shall, when
requesting information for a permit application pur-
suant to this part or such rules promulgated hereun-
der, cite a specific rule. If a request for information
cannot be accompanied by a rule citation, failure to
provide such information cannot be grounds to deny
a permit.
History.--. 4, ch. 79-161.

373.233 Competing applications.-
(1) If two or more applications which otherwise
comply with the provisions of this part are pending
for a quantity of water that is inadequate for both or
all, or which for any other reason are in conflict, the
governing board or the department shall have the
right to approve or modify the application which best
serves the public interest.
(2) In the event that two or more competing ap-
plications qualify equally under the provisions of
subsection (1), the governing board or the depart-
ment shall give preference to a renewal application
over an initial application.
History.--. 6, part 1, ch. 72-299.

373.236 Duration of permits.-
(1) Permits may be granted for any period of
time not exceeding 20 years. The governing board or
the department may base duration of permits on a
reasonable system of classification according to
source of supply or type of use, or both.
(2) The governing board or the department may
authorize a permit of duration of up to 50 years in the
case of a municipality or other governmental body or
of a public works or public service corporation where
such a period is required to provide for the retire-
ment of bonds for the construction of waterworks
and waste disposal facilities.
History.-s. 7, part I. ch. 72-299.

373.239 Modification and renewal of permit
terms.-
(1) A permitted may seek modification of any
terms of an unexpired permit.
(2) If the proposed modification involves water


F.S. 1981


WATER RESOURCES


Ch. 373










Cli.__ R7____ _WATER RESOURCES1Q


use of 100,000 gallons or more per day, the applica-
tion shall be treated under the provisions of s.
373.229 in the same manner as the initial permit ap-
plication. Otherwise, the governing board or the de-
partment may at its discretion approve the proposed
modification without a hearing, provided the permit-
tee establishes that:
(a) A change in conditions has resulted in the wa-
ter allowed under the permit becoming inadequate
for the permitted's need, or
(b) The proposed modification would result in a
more efficient utilization of water than is possible un-
der the existing permit.
(3) All permit renewal applications shall be treat-
ed under this part in the same manner as the initial
permit application.
History.--L 8, par II, h. 72-29; s1. 1, ch. 73-190.

373.243 Revocation of permits.-The govern-
ing board or the department may revoke a permit as
follows.
(1) For any material false statement in an appli-
cation to continue, initiate, or modify a use, or for
any material false statement in any report or state-
ment of fact required of the user pursuant to the pro-
visions of this chapter, the governing board or the de-
partment may revoke the user's permit, in whole or
in part, permanently.
(2) For willful violation of the conditions of the
permit, the governing board or the department may
permanently or temporarily revoke the permit, in
whole or in part.
(3) For violation of any provision of this chapter,
the governing board or the department may revoke
the permit, in whole or iLi part, for a period not to ex-
ceed 1 year.
(4) For nonuse of the water supply allowed by the
permit for a period of 2 years or more, the governing
board or the department may revoke the permit per-
manently and in whole unless the user can prove that
his nonuse was due to extreme hardship caused by
factors beyond his control
(5) The governing board or the department may
revoke a permit, permanently and in whole, with the
written consent of the permitted.
History.-. 9, part H, ch. 72-299 s. 14, ch. 78-95

373.244 Temporary permits.-
(1) The governing board of a water management
district may issue, or may authorize its executive di-
rector to issue, temporary permits for the consump-
tive use of water while an application is pending for
a permit pursuant to ss. 373.219 and 373.229.
(2) Such a temporary permit shall be issued for a
period of time to expire on the day following the next
regular meeting of the governing board. At such
meeting, the governing board shall consider whether
it appears that the proposed use meets the criteria
set forth in s. 373.223(1) and that such temporary
permit is necessary for consumptive use of water pri-
or to final action on an application for a permit pur-
suant to.ss. 373.219 and 373.229.
(3) The governing board may summarily extend
the term of a temporary permit for subsequent peri-


ods of time to expire on or before the day following
the next regular meeting of the governing board.
(4) The board shall review temporary permits at
each regular meeting and may terminate a temporary
permit or refuse to extend it further upon a finding
that the water use does not meet the criteria set forth
in s. 373.223(1) or that adverse effects are occurring
as a result of water use under the temporary permit
or that the water authorized to be used under such
permit is no longer required by the permitholder.
(5) The notice and hearing that might otherwise
be required pursuant to s. 373.116(2) and chapter 120
shall not be required prior to issuance or extension of
a temporary permit pursuant to the provisions of this
bseti6n.
(6) Issuance of a temporary permit pursuant to
the provisions of this section shall not in any way be
construed as a commitment to issue a permit pursu-
ant to as. 373.219 and 373.229. No action taken by the
governing board, or by the executive director if so au-
thorized, shall be construed to estop the governing
board from subsequently denying an application for
a permit pursuant to ss. 373.219 and 373.229.
History.--& ch. 79-160.

373.246 Declaration of water shortage or
emergency.-
(1) The governing board or the department by
regulation shall formulate a plan for implementation
during periods of water shortage. As a part of this
plan the governing board or the department shall
adopt a reasonable system of permit classification ac-
cording to source of water supply, method of extrac-
tion or diversion, use of water, or a combination
thereof.
(2) The governing board or the department by or-
der may declare that a water shortage exists within
all or part of the district when insufficient water is
available to meet the requirements of the permit sys-
tem or when conditions are such as to require tempo-
rary reduction in total use within the area to protect
water resources from serious harm. Such orders shall
be final agency action.
(3) In accordance with the plan adopted under
subsection (1), the governing board or the depart-
ment may impose such restrictions on one or more
classes of permits as may be necessary to protect the
water resources of the area from serious harm and to
restore them to their previous condition.
(4) A declaration of water shortage and any mea-
sures adopted pursuant thereto may be rescinded by
the governing board or the department.
(5) When a water shortage is declared, the gov-
erning board or the department shall cause notice
thereof to be published in a prominent place within a
newspaper of general circulation throughout the area.
Publication of such notice shall serve as notice to all
users in the area of the condition of water shortage.
(6) The governing board or the department shall
notify each permitted in the district by regular mail
of any change in the condition of his permit or any
suspension of his permit or of any other restriction on
his use of water for the duration of the water short-
age.


%h. .17.


WATER RR;~OITRI1ES


F.S. 1981









w 10 1 W__ I U j v 0 r U


(7) If an emergency condition exists due to a wa-
ter shortage within any area of the district, and if the
department, or the executive director with the con-
currence of the governing board, finds that the exer-
cise of powers under subsection (1) are not sufficient
to protect the public health, safety, or welfare, the
health of animals, fish or aquatic life, a public water
supply, or recreational, commercial, industrial, agri-
cultural, or other reasonable uses, it or he may, pur-
suant to the provisions of s. 373.119, issue orders re-
citing the existence of such an emergency and requir-
ing that such action, including but not limited to ap-
portioning, rotating, limiting, or prohibiting the use
of the water resources of the district, be taken as the
department or the executive director deems neces-
sary to meet the emergency.
(8) An affected party to whom an emergency or-
der is directed under subsection (7) shall comply im-
mediately, but may challenge such an order in the
manner set forth in s. 373.119.
History.-s. 10, part II. ch. 72-299; s. 14, ch. 78-9.

373.249 Existing regulatory districts pre-
served.-The enactment of this chapter shall not af-
fect any existing water regulatory districts pursuant
to chapter 373, or orders issued by said regulatory
districts, unless specifically revoked, modified, or
amended by such regulatory district or by the depart-
ment.
History.- 1, part II. ch. 72.299.
PART III

REGULATION OF WELLS

373.303 Definitions.
373.306 Scope.
373.308 Implementation of programs for regulating
water wells.
373.309 Authority to adopt rules, regulations, and
procedures.
373.313 Prior permission and notification.
373.314 Citation of rule.
373.316 Existing installations.
373.319 Inspections.
373.323 Licenses.
373.326 Exemptions.
373.329 Fees.
373.333 Enforcement.
373.336 Penalties.
373.339 Existing regulations preserved.
373.342 Permits.

373.303 Definitions.-As used in this part:
(1) "Abandoned water well" means a well the use
of which has been permanently discontinued. Any
well shall be deemed abandoned which is in such a
state of disrepair, as determined by a representative
of the department, that continued use for the pur-
pose of obtaining groundwater or disposing of water
or liquid wastes is impracticable.
(2) "Construction of water wells" means all parts
necessary to obtain groundwater by wells, including
the location and excavation of the well, but excluding
the installation of pumps and pumping equipment.


(3) "Department" means the Department of En-
vironmental Regulation.
(4) "Political subdivision" means a city, town,
county, district, or other public body created by or
pursuant to state law, or any combination thereof
acting cooperatively or jointly.
(5) "Repair" means any action which involves the
physical alteration or replacement of any part of a
well, but does not include the alteration or replace-
ment of any portion of a well which is above ground
surface.
(6) "Well" means any excavation that is drilled,
cored, bored, washed, driven, dug, jetted, or other-
wise constructed when the intended use of such exca-
vation is for the location, acquisition, development,
or artificial recharge of groundwater, but such term
does not include sand-point wells as herein defined,
or any well for the purpose of obtaining or prospect-
ing for oil, natural gas, minerals, or products of min-
ing or quarrying, for inserting media to dispose of oil
brines or to repressure oil-bearing or natural
gas-bearing formation, or for storing petroleum, nat-
ural gas, or other products.
(7) "Water well contractor" means any person,
firm, or corporation engaged in the business of con-
structing water wells.
(8) "Well seal" means an approved arrangement
or device to prevent contaminants from entering the
well at the upper terminal.
(9) "Sand-point well" means any device which is
driven into place and which consists of a pipe with an
attached perforated metal tube or screen designed to
permit the passage of water.
History.-s. 1. part III, ch. 72-299; 228, ch. 81-269.

373.306 Scope.-No person shall construct, re-
pair, abandon, or cause to be constructed, repaired,
or abandoned, any water well contrary to the provi-
sions of this part and applicable rules and regula-
tions. This part shall not apply to equipment used
temporarily for dewatering purposes or to the process
used in dewatering.
History.-s. 2, part 1II, ch. 72-299; a. 15, ch. 73-190.

373.308 Implementation of programs for
regulating water wells.-
(1) The department may authorize the governing
board of a water management district to implement a
program for the issuance of permits for the location,
construction, repair, and abandonment of water
wells.
(2) The department may authorize the governing
board of a water management district to exercise any
power authorized to be exercised by the department
under ss. 373.309, 373.313, 373.316, 373.319, 373.323,
373.326, 373.329, and 373.333 and may withhold from
delegation such power as the department chooses not
to delegate.
(3) Notwithstanding the provision in this section
for delegation of authority to a water management
district, the department may prescribe minimum
standards for the location, construction, repair, and
abandonment of water wells throughout all or parts
of the state, as may be determined by the depart-
ment.
History.-s. 2. ch. 79-160.


F8 1981


WATER RESOURCES


CLh 373









Ch._~ 373___ WATER___ REORCF KS.I


373.309 Authority to adopt rules, regula-
tions, and procedures.-The department shall
adopt, and may from time to time amend, rules and
regulations governing the loCation, construction, re-
pair, and abandonment of water wells and shall be re-
sponsible for the administration of this part. Witif r-
spect thereto, it shall:
(1) Enforce the provisions of this part and any
rules and regulations adopted pursuant thereto.
(2) Delegate, at its discretion, to any political
subdivision any of its authority under this part in the
administration of the rules and regulations adopted
hereunder.
(3) Establish procedures and forms for the sub-
mission, review, approval, arid rejection of applica-
tions, notifications, and reports required under this
part.
(4) Require at its discretion the making and filing
of logs, and the saving of cuttings arid cores, which
shall be delivered to the department.
(5) Issue such additional regulations and take
such other actions as may be necessary to carry out
the provisions of this part.
Hfftorj.--. 3, pitt III, ch. 72-299- s. 229. ch. 81-259.

373.313 Prior permission and notification.

(1) Taking into consideration other applicable
state laws. in any geographical area where the depart-
ment determines such permission to be reasonably
necessary' to protect the groundwater resources, prior
permission shall be obtained from the department for
each of the following:
(a) The construction of any water well;
(b) The repair of any waste~ well; or
(c) The abandonment of any water well.
However, in any area where undue hardship might
arise by reason of such requirement, prior permission
will not be required.
(2) The department shall be notified of any of the
following whenever prior permission is not required:
(a) The construction of any water well;
(b) The repair of any water well; or
(c) The abandonment of any water well.
HiItory.--. 4 pan III, ch. 72 299

37$.314 Citation of rule.--ii addition to any
other provisions within this part or any rules promul-
gated hereunder, the permitting agency shall, when
requesting information for a permit application pur-
suait to this part or such rules promulgated hereun-
der, cite a specific rule. If a request for information
cannot be accompanied by a rule citation, failure to
provide such information cannot be grounds to deny
a permit.
Hitory.-s. 5. ch. 79-161.

373.316 Existing installations.-No well in
existence on the effective date of this p4At shall be re-
quired to conform to the provisions of s. 373.313 or
any rules or regulations adopted pursuant thereto.
However, any well now or hereafter abandoned or re-
paired as defined in this part shall be brought into
compliance with the requirements df this part and


any applicable rules or regulations with respect to
abandonment of wells, and any well which is deter-
mined by the department to be a hazard to the
groundwater resources must comply with the provi-
sions of this part and applicable rules and regulations
within a reasonable time after notification of such de-
termination has been given.
ifstory.-s. 5. pa III, ch. 72-299.

373.319 Inspections.-
(1) The department is authorized to inspect any
water well or abandoned water well. Duly authorized
representatives of the department may at reasonable
times enter upon and shall be given access to any
premises for the purpose of such inspection.
(2)' If upon the basis of such inspections the de-
partment finds applicable laws, rules, or regulations
have not been complied with, it shall disapprove the
Well. If disapproved, no well shall thereafter be used
titil brought into compliance with the rules and reg-
ulations promulgated under this law.
mitory.-s. 6. part ill, h 72-299; s. 14, ch. 78-95.

373.323 Licenses.-
(1) Every person who wishes to engage in busi-
ness as a water well contractor shall obtain from the
department a license to conduct such business.
(2) The department may adopt and from time to
time amend rules and regulations governing applica-
tions for water well contractor licenses. The depart-
ment shall license as a water well contractor any per-
son properly making application therefore who is an
adult for all legal purposes, has knowledge of rules
arid regulations adopted under this part, and has had
not less than 2 years' experience in the work for
which he is applying for a license. The department
shall prepare an examination which each such appli-
cant must pass in order to qualify for such license.
(3) This section shall not apply to any person
Who performs labor or services at the direction and
under the supervision of a licensed water well con-
tractor.
(4) A political subdivision engaged in
well-drilling shall be licensed under this part but
shall be exempt from paying the license fees for the
drilling done by regular employees of, and with
equipment owned by, it.
(5) Licenses issued pursuant to this section are
not transferable and shall expire on July 1 of each
year. A license may be renewed without examination
for an ensuing year by making application not later
than 30 days after the expiration date aid paying the
applicable fee. Such application shall have the effect
of extending the validity of the current license until
a new license is received ot the applicant is notified
by the department that it has refused to renew his li-
cense. After July 31 of each year, a license will be re-
newed only upon application and payment of the ap-
plicable fee plus a penalty of $50.
(6) Whenever the department determines that
the holder of any license issued pursuant to this sec-
tion has violated any provision of this part or any
rule or regulation adopted pursuant thereto, the de-
partment is authorized to suspend or revoke any such
license. Any order issued pursuant to this subsection


Ch. 373


WATER RESOUTRCFEq


F.S. I1981









.. ..WATER RESOURCES Ch 3V7


shall become effective 30 days after service thereof
unless a written petition requesting hearing under
the procedure provided in chapter 120 is filed sooner.
(7) No application for a license issued pursuant
to this section may be made within 1 year after revo-
cation thereof.
Hitory.-s. 7, part III. ch. 72-299; s. 114, ch. 77-104; s. 14, ch. 78-95.

373.326 Exemptions.-
(1) When the department finds that compliance
with all requirements of this part would result in un-
due hardship, an exemption from any one or more
such requirements may be granted by the depart-
ment to the extent necessary to ameliorate such un-
due hardship and to the extent such exemption can
be granted without impairing the intent and purpose
of this part.
(2) Nothing in this part shall prevent a person
who has not obtained a license pursuant to s. 373.323
from constructing a well that is 2 inches or under in
diameter, on his own or leased property, intended for
use only in a single family house which is his resi-
dence, or intended for use only for farming purposes
on his farm, and when the waters to be produced are
not intended for use by the public or any residence
other than his own. Such persons shall comply with
all rules and regulations as to construction of wells
adopted under this part.
Hiltory.-s. 8, part 11I. ch. 72-299.

373.329 Fees.-The following fees are required:
(1) A fee of $100 shall accompany each new appli-
cation for a license required under s. 373.323.
(2) A fee of $25 shall accompany each application
for a renewal of license under s. 373.323.
History.-s. 9, part III, ch. 72-299: a. 16, ch. 73-190.

373.333 Enforcement--
(1) Whenever the department has reasonable
grounds for believing that there has been a violation
of this part or any rule or regulation adopted pursu-
ant thereto, it shall give written notice to the person
alleged to be in violation. Such notice shall identify
the provision of this part or regulation issued hereun-
der alleged to be violated and the facts alleged to
constitute such violation.
(2) Such notice shall be served in the manner re-
quired by law for the service of process upon persons
in a civil action and shall be accompanied by an order
of the department requiring described remedial ac-
tion which, if taken within the time specified in such
order, will effect compliance with the requirements of
this part and regulations issued hereunder. Such or-
der shall become final unless a request for hearing as
provided in chapter 120 is made within 30 days from
the date of service of such order.
History.-s. 10, part 111, ch. 72-299.

373.336 Penalties.-Any person who violates
any provision of this part or regulation or order is-
sued hereunder shall, upon conviction, be guilty of a
misdemeanor of the second degree, punishable as
provided in ss. 775.082 and 775.083. Continuing vio-
lation after notice thereof shall constitute a separate
violation for each day so continued.
History.-s. 11. part II. ch. 72-299; s. 17. ch. 73.190.


373.339 Existing regulations preserved.
-The enactment of this chapter shall not apply in
any area where water wells are regulated by a water
regulatory district pursuant to the authority of chap-
ter 373 unless and until the department shall modify
or revoke such regulations and provide that such area
will thereafter be governed by the provisions of this
part.
History.-s. 12. part Il, ch. 72-299.

373.342 Permits.-
(1) The governing board of any water regulatory
district which, pursuant to the authority of s. 373.339
or pursuant to authority delegated to it by the de-
partment under s. 373.308 or s. 373.309(2), regulates
water wells may in its discretion authorize its execu-
tive director to issue permits for the construction, re-
pair, or modification of any water well.
(2) In granting authority to its executive director
under subsection (1), the governing board shall pre-
scribe those certain circumstances in which such a
permit may be issued.
Hntory.-s. 3, ch. 79-160.
PART IV

MANAGEMENT AND STORAGE
OF SURFACE WATERS


373.403
373.406
373.409
373.413
373.416
373.417
373.419
373.423
373.426
373.429
373.433
373.436
373.439
373.443


Definitions.
Exemptions.
Headgates, valves and measuring devices.
Permits for construction or alteration.
Permits for maintenance or operation.
Citation of rule.
Completion report.
Inspection.
Abandonment.
Revocation and modification of permits.
Abatement.
Remedial measures.
Emergency measures.
Immunity from liability.


373.403 Definitions.-When appearing in this
part or in any rule, regulation, or order adopted pur-
suant thereto, the following terms shall mean:
(1) "Dam" means any artificial or natural barrier,
with appurtenant works, raised to obstruct or im-
pound, or which does obstruct or impound, any of the
surface waters of the state.
(2) "Appurtenant works" means any artificial im-
provements to a dam which might affect the safety of
such dam or, when employed, might affect the hold-
ing capacity of such dam or of the reservoir or im-
poundment created by such dam.
(3) "Impoundment" means any lake, reservoir,
pond, or other containment of surface water occupy-
ing a bed or depression in the earth's surface and
having a discernible shoreline.
(4) "Reservoir" means any artificial or natural
holding area which contains or will contain the water
impounded by a dam.
(5) "Works" means all artificial structures, in-


F.S. 1981


WATRR RESOllRC.ES


Ch3 73









Cit. 373 WTRR UREFS19


cluding, but not limited to, ditches, canals, conduits,
channels, culverts, pipes, and other construction that
connects to, draws water from, drains water into, or is
placed in or across the waters in the state.
(6) "Closed system" means any reservoir or works
located entirely within lands owned or controlled 'by
the user and which requires water only for the filling,
replenishing, and maintaining the water level thereof.
(7) "Alter" means to extend a dam or works be-
yond maintenance in its original condition, including
changes which may increase or diminish the flow or
storage of surface water which may affect the safety
of such dam or works.
(8) "Maintenance" or "repairs" means remedial
work of a nature as may affect the safety of any dam,
impoundment, reservoir, or appurtenant work or
works, but excludes routine custodial maintenance.
Histery.--s 1, part IV, ch. 72-299 18. ch. 73-190;: 4. ch. 80-259.

373.406 lette ptints.-The folliwing eximp-
tiohs shall apply:
(1) Nothing h~erin, or in any rule, regulation, or
order adopted pursuant hereto, shall be construed to
affect the tight of any natural person to capture, dis-
charge, and use water for purpose petmnitted by law.
(2) Nothing herein, or in any rule, regulation, or
order adopted pursuant hereto, shall be construed to
affect the right of any person engaged in the occupa-
tion of agriculture, silviculture, ftricuiture, or horti-
culture to alter the topography of any tract of land
for purposes consistent with the practice of such oc-
cupation. However, such alteration may not be for
the sole or predominant purpose of impounding or
obstructing surface waters.
(3) Nothing herein, or in any rule, regulatioi, or
order adopted pursuant hereto, shall be onsttrued to
be applicable to construction, operation, or mainte-
nance of any closed system. However, part II of this
chapter shall be applicable as to the taking and dis-
charging of water for filling, re leisiiiSiit, and main-
taining the water level in any such closed system.
(4) All rights and restrictions set forth in this sec-
tion shall be enforced by the governing board or the
Department of Environmental Regulation or its suc-
cessor agency, and nothing contained hereih shall be
construed to establish a basis for a cause of action for
private litigants.
History.-a 2, part IV ch 72-299; s. 47, ch. 7965: 5, ch. 86-259.

373.40i Heaidgates, valves and measuring
devicesi-
(1) The department or the governing board may,
by regulation, require the ownet of any dam, im-
poundment, r&servoir, appurtenant dirk, or works
subject to the provisions of this psrt to install and
maintain a substantial and serviceable headgate or
valve at the point designated by the department or
the governing board to measure the water discharged
or diverted.
(2) If any owner shall not.have constructed or in-
stalled such headgate or valve or such measuring de-
vice within 60 days after the governing board or de-
partment has ordered its construction, the governing
board or department shall have such headgate, valve,
or measuring device constructed dt installed, and the


costs of installing the headgate, valve, or measuring
device shall be a lien against the owner's land upon
which such installation takes place until the govern-
ihg board or department is reimbursed in full.
(3) No person shall alter or tamper with a mea-
suring device so as to cause it to register other than
the actual amount of water diverted, discharged, or
taken. Violation of this subsection shall be a misde-
meanor in the second degree, punishable under s.
775.082(5)(b).
History.-. 3, part IV, ch. 72-299.

373.413 Permits for construction or alter-
ation.-
(1) Except for the exemptions set forth herein,
the g'ovirning board or the department may require
such permits aid impose such reasonable conditions
ai are ifcessary to assure that the construction or al-
teration of any din, impoundment, reservoir, appur-
tenant work, or works will not be harmful to the wa-
ttr resources of the district. The department or the
governing board may delineate areas within the dis-
trit wherein permits may be required.
(2) A person proposing to construct or alter a
daim, impoundment, reservoir, appurtenant work, or
works subject to such permit shall apply to the gov-
erning board or department for a permit authorizing
such construction or alteration. The application shall
contain the following:
(a) Name and address of the applicant.
(b) Name and address of the owner ot owners of
the land upon which the Works are to be constructed
and a legal description of such land.
(c) Location of the work.
(d) Sketches of construction pending tentative
approval.
(e) Name and address of the person who pre-
pared the plans and specifications of construction.
(f) Name aid address of the person who will con-
struct the proposed work.
(g) General purpose of the proposed work.
(h) Such other information as the governing
board or department may require.
(3) After receipt of an application for a permit,
the governing board or department shall cause a no-
tice thereof to be published in a newspaper having
general circulation within the affected area. In addi-
tiin, the governing board or department shall send a
copy of such notice to any person who has filed a
written request for notification of any pending appli-
cations affecting the particular designated area. This
notice shall be sent by regular mail prior to the date
of publication. The notice shall contain:
(a) The nrime aind address of the applicant or, in
the case of a corporation, the address of its principal
business office;
(b) The date of filing;
(c) The date set for a hearing, if any;
(d) The source of the water to be contained;
(e) The quantity of water to be contained;
(f) The use to be made of the water and any limi-
tation thereon; and
(g) Such other information as the governing
board or the department may deem necessary.


Ch. R73


WATER RESOURCES


F.S. 1981








PC IQQI W.&TVD( f. U*VIV J


(4) The notice provided for in subsection (3) shall
state that written objections to the proposed permit
may be filed with the governing board or department
by a specified date. The governing board or depart-
ment, at its discretion, may request further informa-
tion from either applicant or objectors, and a reason-
able time shall be allowed for such responses.
(5) If no substantial objection to the application
is received, the governing board or the department,
after proper investigation by its staff, may at its dis-
cretion approve the application without a hearing.
Otherwise, it shall set a time for a hearing in accord-
ance with the provisions of chapter 120.
History.-s. 4, part IV, ch. 72-299; 19. ch. 73-190: s. 14, ch. 78-95.

373.416 Permits for maintenance or opera-
tion.-
(1) Except for the exemptions set forth in this
part, the governing board or department may require
such permits and impose such reasonable conditions
as are necessary to assure that the operation or main-
tenance of any dam, impoundment, reservoir, appur-
tenant work, or works will not be inconsistent with
the overall objectives of the district and will not be
harmful to the water resources of the district.
(2) Except as otherwise provided in ss. 373.426
and 373.429, a permit issued by the governing board
or department for the maintenance or operation of a
dam, impoundment, reservoir, appurtenant work, or
works shall be permanent, and the sale or conveyance
of such dam, impoundment, reservoir, appurtenant
work, or works, or the land on which the same is lo-
cated, shall in no way affect the validity of the per-
mit, provided the owner in whose name the permit
was granted notifies the governing board or depart-
ment of such change of ownership within 30 days of
such transfer.
History.-s. 5, part IV, ch. 72-299 s. 20. ch. 73-190.

373.417 Citation of rule.-In addition to any
other provisions within this part or any rules promul-
gated hereunder, the permitting agency shall, when
requesting information for a permit application pur-
suant to this part or such rules promulgated hereun-
der, cite a specific rule. If a request for information
cannot be accompanied by a rule citation, failure to
provide such information cannot be grounds to deny
a permit.
History.-s. 6. ch. 79-161.

373.419 Completion report.-Within 30 days
after the completion of construction or alteration of
any dam, impoundment, reservoir, appurtenant
work, or works, the permitted shall file a written
statement of completion with the governing board or
department. The governing board or department
shall designate the form of such statement and such
information as it shall require.
History.-s. 6. part IV. ch. 72-299.

373.423 Inspection.-
(1) During the construction or alteration of any
dam, impoundment, reservoir, appurtenant work, or
works, the governing board or department shall make
at its expense such periodic inspections as it deems


necessary to insure conformity with the approved
plans and specifications included in the permit.
(2) If during construction or alteration the gov-
erning board or department finds that the work is not
being done in accordance with the approved plans
and specifications as indicated in the permit, it shall
give the permitted written notice stating with which
particulars of the approved plans and specifications
the construction is not in compliance and shall order
immediate compliance with such plans and specifica-
tions. Failure to act in accordance with the orders of
the governing board or department after receipt of
written notice shall result in the initiation of revoca-
tion proceedings in accordance with s. 373.429.
(3) Upon completion of the work, the executive
director of the district or the Department of Environ-
mental Regulation or its successor agency shall have
periodic inspections made, annually or more fre-
quently as deemed necessary, of permitted dams, res-
ervoirs, impoundments, appurtenant work, or works
to protect the public health and safety and the natu-
ral resources of the state. No person shall refuse im-
mediate entry or access to any authorized representa-
tive of the governing board or the department who
requests entry for purposes of such inspection and
presents appropriate credentials.
History.--s. 7, part IV. ch. 72-299; s. 21, ch. 73-190; s. 48, ch. 79-66.

373.426 Abandonment.-
(1) Any owner of any dam, impoundment, reser-
voir, appurtenant work, or works wishing to abandon
or remove such work may first be required by the
governing board or the department to obtain a per-
mit to do so and may be required to meet such rea-
sonable conditions as are necessary to assure that
such abandonment will not be inconsistent with the
overall objectives of the district.
(2) Where any permitted dam, impoundment,
reservoir, appurtenant work, or works is not owned
nor directly controlled by the state or any of its agen-
cies and is not used nor maintained under the au-
thority of the owner for a period of 3 years, it shall be
presumed that the owner has abandoned such dam,
impoundment, reservoir, appurtenant work, or
works, and has dedicated the same to the district for
the use of the people of the district.
(3) The title of the district to any such dam, im-
poundment, reservoir, appurtenant work, or works
may be established and determined in the court ap-
pointed by statute to determine the title to real es-
tate.
History.-s. 8. part IV, ch. 72-299; s. 22, ch. 73-190.

373.429 Revocation and modification of per-
mits.-The governing board or the department may
revoke or modify a permit at any time if it deter-
mines that a dam, impoundment, reservoir, appurte-
nant work, or works has become a danger to the pub-
lic health or safety or if its operation has become in-
consistent with the objectives of the district. The af-
fected party may file a written petition for hearing no
later than 14 days after notice of revocation or modi-
fication is served. If the executive director of the dis-
trict or the division determines that the danger to the
public is imminent, he may order a temporary sus-
pension of the construction, alteration, or operation


PC 1 Q1


WATER RESOURCES


Ch1 373









.h .'72 F.1 1 1981


of the works until the hearing is concluded, or may
take such action as authorized under s. 373.439.
History.-s. 9, par'IV, ch. 72-299; s. 14, ch. 78-95.

373.433 Abatement.-Any dam, impoundment,
reservoir, appurtenant work, or works which violates
the laws of this state or which violates the standards
of the governing board or the department shall be de-
clared a public nuisance. The operation of such dam,
impoundment, reservoir, appurtenant work, or works
may be enjoined by suit by the state or any of its
agencies or by a private citizen. The governing board
or the department shall be a necessary party to any
such suit. Nothing herein shall be construed to con-
flict with the provisions of s. 373.429.
History.-s. 10, part IV, ch. 72-299.

373.436 Remedial measures.-
(1) Upon completion of any inspection provided
for by s. 373.423(3), the executive director shall de-
termine what alterations or repairs are necessary and
order that such alterations and repairs shall be made
within a time certain, which shall be a reasonable
time. The owner of such dam, impoundment, reser-
voir, appurtenant work, or works may file a written
petition for hearing before the governing board or the
department no later than 14 days after such order is
served. If, after such order becomes final, the owner
shall fail to make the specified alterations or repairs,
the governing board or the department may, in its
discretion, cause such alterations or repairs to be
made.
(2) Any cost to the district or the department of
alterations or repairs made by it under the provisions
of subsection (I) shall be a lien against the property
of the landowner on whose lands the alterations or
repairs are made until the governing board or depart-
ment is reimbursed, with reasonable interest and at-
torney's fees, for its costs.
Hiatory.--. 11. part IV, ch. 72-299: s. 14, ch. 78-95.

373.439 Emergency measures.-
(1) The executive director, with the concurrence
of the governing board, or the Department of Envi-
ronmental Regulation shall immediately employ any
remedial means to protect life and property if either:
(a) The condition of any dam, impoundment, res-
ervoir, appurtenant work, or works is so dangerous to
the safety of life or property as not to permit time for
the issuance and enforcement of an order relative to
maintenance or operation.
(b) Passing or imminent floods threaten the safe-
ty of any dam, impoundment, reservoir, appurtenant
work, or works.
(2) In applying the emergency measures provided
for in this section, the executive director or the De-
partment of Environmental Regulation may in an
emergency do any of the following:
(a) Lower the water level by releasing water from
any impoundment or reservoir.
(b) Completely empty the impoundment or reser-
voir.
(c) Take such other steps as may be essential to
safeguard life and property.


(3) The executive director or the Department of
Environmental Regulation shall continue in full
charge and control of such dam, impoundment, reser-
voir, and its appurtenant works until they are ren-
dered safe or the emergency occasioning the action
has ceased.
History.-s. 12. part IV, ch. 72-299; a. 49, ch. 79-65.

373.443 Immunity from liability.-No action
shall be brought against the state or district, or any
agents or employees of the state or district, for the re-
covery of damages caused by the partial or total fail-
ure of any dam, impoundment, reservoir, appurte-
nant work, or works upon the ground that the state
or district is liable by virtue of any of the following:
(1) Approval of the permit for construction or al-
teration.
(2) The issuance or enforcement of any order rel-
ative to maintenance or operation.
(3) Control or regulation of dams, impound-
ments, reservoirs, appurtenant work, or works regu-
lated under this chapter.
(4) Measures taken to protect against failure dur-
ing emergency.
flistory.-s. 13, part IV, ch. 72-299.

PART V
FINANCE AND TAXATION


373.495
373.498

373.501

373.503
373.506
373.507

373.516
373.536
373.539
373.543


373.546
373.553
373.556
373.659
373.5863
373.566
373.569
373.573
373.576
373.579
373.583
373.586
373.589
373.59


Water resources development account.
Disbursements from water resources devel-
opment account.
Appropriation of funds to water manage-
ment districts.
Manner of taxation.
Costs of district.
Districts, basins, and taxing authorities;
budget and expense reports; audits.
Benefits to rights-of-way.
District budget and hearing thereon.
Imposition of taxes.
Land held by Board of Trustees of the In-
ternal Improvement Trust Fund; areas
not taxed.
Unit areas.
Treasurer of the board; depositories.
Investment of funds.
May borrow money temporarily.
Bonds.
Refunding bonds.
Bond election.
Bonds to be validated.
Sale of bonds.
Proceeds from taxes for bond purposes.
Registration of bonds.
Unpaid warrants to draw interest.
Audit by Auditor General.
Water Management Lands Trust Fund.


373.495 Water resources development ac-
count.-There is hereby created in the General Rev-
enue Fund an account to be known as the "Water Re-
sources Development Account." Subject to such ap-
propriation as the Legislature may make from time


F.S~ 1981


Ch 373


WATER RESOURCES










W. .AT..... RES SOURCE Ch 373


to time, the purpose of said account shall be to pro-
vide assistance to the water management districts
created under this act for the protection, conserva-
tion, or development of the water resources of the
state.
History.-s. 10. part I ch. 72-299; s& 4, 25, h73-190.
Note.-Former s. 373.059.

373.498 Disbursements from water re-
sources development account.-Subject to the
provisions of this chapter, there shall be available to
any flood control or water management district creat-
ed under this chapter or by special acts of Legisla-
ture, out of said Water Resources Development Ac-
count upon the approval of the Department of Envi-
ronmental Regulation, a sum or sums of money not
exceeding in the aggregate the total estimated
amount required to cover the costs allocated to the
district for constructing the works of said district, for
the acquisition of lands for water storage areas, for
highway bridge construction, and for administration
and promotion. These works may include small wa-
tershed projects (Pub. L. No. 83-566). Said sum or
sums shall be available as money is required for said
purposes and may be a grant to said districts. Also,
subject to the provisions of this chapter, there shall
be available to any navigation district or agency cre-
ated under chapter 374 or by special act of the Legis-
lature, out of said Water Resources Development Ac-
count upon approval of the department, a sum or
sums of money not exceeding in the aggregate the to-
tal estimated amount required to cover the costs allo-
cated to the district for constructing the works, for
highway bridge construction, for the acquisition of
land for rights-of-way, for water storage areas, and
for administration and promotion. Said sum or sums
shall be available as money is required for said pur-
poses and may be a grant to said districts or agencies.
History.-s. 4, ch. 25209, 1949; 2, ch. 65-287; s. 1. ch. 67-199; as. 25, 35. ch.
69-106;. 2. ch. 70-143; 25. ch. 73-190; s. 50, ch. 79-65.
Note.-Former s. 378.04.

373.501 Appropriation of funds to water
management districts.-The department may allo-
cate to the water management districts, from funds
appropriated to the department, such sums as may
be deemed necessary to defray the costs of the ad-
ministrative, regulatory, and other activities of the
districts. The governing boards shall submit annual
budget requests for such purposes to the department,
and the department shall consider such budgets in
preparing its budget request for the Legislature.
History.-s. 11, part I, ch. 72-299; as. 5, 25. ch. 73-190.
Note.-Former s. 373.066.

373.503 Manner of taxation.-
(1) It is the finding of the Legislature that the
general regulatory and administrative functions of
the districts herein authorized are of general benefit
to the people of the state and should fully or in part
be financed by general appropriations. Further, it is
the finding of the Legislature that water resources
programs of particular benefit to limited segments of
the population should be financed by those most di-
rectly benefited. To those ends, this chapter provides
for the establishment of permit application fees and


a method of ad valorem taxation to finance the activ-
ities of the district.
(2)(a) The Legislature declares that the millage
authorized for water management purposes by s.
9(b), Art. VII of the State Constitution shall be levied
only by the water management districts set forth in
this chapter and intends by this section to prevent
any laws which would allow other units of govern-
ment to levy any portion of said millage. However,
this does not preclude such units of government from
financing and engaging in water management pro-
grams if otherwise authorized by law.
(b) Pursuant to s. 11(a)(21), Art. III of the State
Constitution, the Legislature hereby prohibits special
laws or general laws of local application pertaining to
the allocation of any portion of the millage author-
ized for water management purposes by s. 9(b), Art.
VII of the State Constitution to any unit of govern-
ment other than those districts established by this
chapter.
(c) The authority of the Central and Southern
Florida Flood Control District and the Southwest
Florida Water Management District to levy ad va-
lorem taxes within the territories specified in chapter
25270, Laws of Florida, 1949, and chapter 61-691,
Laws of Florida, respectively, as heretofore amended,
shall continue until those districts have authority to
levy ad valorem taxes pursuant to this section.
(3) The districts may levy ad valorem taxes on
property within the district solely for the purposes of
this chapter and of chapter 25270, Laws of Florida,
1949, as amended, and chapter 61-691, Laws of Flori-
da, as amended. The authority to levy ad valorem
taxes as provided in this act shall commence with the
year 1977. However, the taxes levied for 1977 by the
governing boards pursuant to this section shall be
prorated to ensure that no such taxes will be levied
for the first 4 days of the tax year, which days will fall
prior to the effective date of the amendment to s.
9(b), Art. VII of the Constitution of the State of Flor-
ida, which was approved March 9, 1976. When appro-
priate, taxes levied by each governing board may be
separated by the governing board into a millage nec-
essary for the purposes of the district and a millage
necessary for financing basin functions specified in s.
373.0695. Beginning with the taxing year 1977, and
notwithstanding the provisions of any other general
or special law to the contrary, the maximum total
millage rate for district and basin purposes shall be:
(a) Northwest Florida Water Management Dis-
trict: 0.05 mill.
(b) Suwannee River Water Management District:
0.75 mill.
(c) St. Johns River Water Management District:
0.375 mill.
(d) Southwest Florida Water Management Dis-
trict: 1.0 mill.
(e) South Florida Water Management District:
0.80 mill.
The maximum millage assessed for district purposes
shall not exceed 25 percent of the total authorized
millage when there are one or more basins in a dis-
trict, and the maximum millage assessed for basin


~


F.S. 1981


WA~GR RE~CCIITRC1ES


Ch 373









.' WATER RESOURCESS--1 98


purposes shall not exceed 75 percent of the total au-
thorized millage.
(4) It is hereby determined that the taxes autho-
rized by this chapter are in proportion to the benefits
to be derived by the several parcels of real estate
within the districts to which territories are annexed
and transferred. It is further determined that the
cost of conducting elections within the respective dis-
tricts or within the transferred or annexed territories,
including costs incidental thereto in preparing for
such election and in informing the electors of the is-
sues therein, is a proper expenditure of the depart-
ment, of the respective districts, and of the district to
which such territory is or has been annexed or trans-
ferred.
(5) Each water management district created un-
der this chapter which does not receive state shared
revenues under part II of chapter 218 shall, before
January 1 of each year, certify compliance or non-
compliance with s. 200.065 to the Department of
Banking and Finance. Specific grounds for noncom-
pliance shall be stated in the certification. In its an-
nual report required by s. 218.32(2), the Department
of Banking and Finance shall report to the Governor
and the Legislature those water management dis-
tricts certifying noncompliance or not reporting.
History.--s 1 part V. ch. 72.299; a 24, ch. 73-190; s. 12, ch. 76-243; s. 6. ch.
80-259; s. 41. ch. 80-274.
Note.-Chapter 76243, which enacted paragraph (2)(b), was passed by the
requisite three-fiths vote in each house. See s. 1(a)(21). Art. Il, State Consti-
tution.

373.506 Costs of district.-If it should appear
necessary to procure funds With which to pay the ex-
penses of a district, or to meet emergencies, before a
sufficient sum can be obtained from the collection of
the tax, the board may borrow 4 sufficient amount of
money to pay expenses and to meet emergencies and
may issue interest-bearing negotiable notes therefore
and pledge the proceeds of the tax imposed under the
provisions of this chapter for the repayment thereof.
Said board may issue to any person performing work
or services or furnishing anything of value inter-
est-bearing negotiable evidence of debt.
History.-s. 19. ch: 2529, 1949; s. 25, ch. 73-190; s. 15, ch. 76-243.
Note.-Former s. 378.19.

373.507 Districts, basins, and taxing author-
ities; budget and expense reports; audits.-Each
district and basin referred to in chapter 76-243, Laws
of Florida, shall furnish a detailed copy of its budget
and past year's expenditures to the Governor, the
Legislature, and the governing body of each county in
which the district or basin has jurisdiction or derives
any funds for the operations of the district or basin.
Each district, basin, and taxing authority shall make
provision for an annual postaudit of its financial ac-
counts and activities. Additionally, each district, ba-
sin, and taxing authority shall make provision for an
independent performance audit of its financial ac-
counts and activities in order that a complete perfor-
mance audit shall be conducted for each 3-year peri-
od. The year in which these performance audits are
conducted shall be determined by the Department of
Environmental Regulation. These postaudits and
performance audits shall be made in accordance with


the rules of the Auditor General promulgated pursu-
ant to as. 166.241 and 11.47.
History.-- 16, ch. 76-243; s. 1, ch. 77-37.

373.516 Benefits to rights-of-way.-The gov-
erning board of the district shall assess benefits to
rights-of-way of railroads and other public service
corporations in like manner as for other property,
and the imposition and collection of said tax shall be
in like manner as is provided with respect to other
property, except that the basis of value of railroad
rights-of-way for assessment purposes is hereby fixed
at $4,000 per mile without reference to number of
tracks, or other facilities thereon, and the governing
board of the district shall furnish the property ap-
praiser of the county in which such rights-of-way is
located a description thereof, the number of miles in
length and the tax rate on value-benefit basis to be
applied in assessing district taxes against said
rights-of-way.
ruitory.-- 22, h. 25209. 1949; s. 25, ch. 73-190; a. 1, ch. 77-102.
Note.-Former s. 378.22.

373.536 District budget and hearing there-
on,-
(1) The fiscal year of districts created under the
provisions of this chapter shall extend from October
1 of one year through September 30 of the following
year. The budget officer of the district shall, on or be-
fore July 15 of each year, submit for consideration by
the governing board of the district a tentative budget
for the district covering its proposed operation and
requirements for the ensuing fiscal year. The tenta-
tive budget shall be adopted in accordance with the
prqyisions of s. 200.065; however, if the mailing of the
notice of proposed property taxes is delayed beyond
August 29 in any county in which the district lies, the
district shall advertise its intention to adopt a tenta-
tive budget and millage rate, pursuant to s.
200.065(3)(f), in a newspaper of general paid circula-
tion in said county. The budget shall set forth, classi-
fied by object and purpose, and by fund if so desig-
nated, the proposed expenditures of the district for
bonds or other debt, for construction, for acquisition
of land, for operation and maintenance of the dis-
trict's works, for the conduct of the affairs of the dis-
trict generally, and for other purposes, to which may
be added an amount to be held as a reserve.
(2) The budget shall also show the estimated
amount which will appear at the beginning of the fis-
cal year as obligated upon commitments made but
uncompleted. There shall be shown the estimated
unobligated or net balance which will be on hand at
the beginning of the fiscal year, and the estimated
amount to be raised by district taxes and from other
sources for meeting the district's requirements.
(3) As provided in s. 200.065(2)(d), the board
shall publish one or more notices of its intention to
finally adopt a budget for the district for the ensuing
fiscal year. The notice shall appear adjacent to an ad-
vertisement which shall set forth the tentative bud-
get in full. The notice and advertisement shall be
published in one or more newspapers having a com-
bined general circulation in the counties having land
in the district.


WATER RESOIJRCES


F.S. 1981


Ch 3731










F.S. 1981 WATER RESOURCES Ch. a'73


(4) The hearing to finally adopt a budget and
millage rate shall be by and before the governing
board of the district as provided in s. 200.065 and
may be continued from day to day until terminated
by the board. The final budget for the district shall
thereupon be the operating and fiscal guide for the
district for the ensuing year; however, transfers of
funds may be made within the budget by action of
the governing board at a public meeting of the gov-
erning board. Should the district receive unanticipat-
ed funds after the adoption of the final budget, the fi-
nal budget may be amended by including the said
funds, so long as notice of intention to amend shall be
published one time in one or more newspapers quali-
fied to accept legal advertisements having a com-
bined general circulation in the counties in the dis-
trict. The notice shall set forth the proposed amend-
ment and shall be published at least 10 days prior to
the public meeting of the board at which the pro-
posed amendment is to be considered. Provided, in
the event of disaster or of emergency arising to pre-
vent or avert the same, the governing board shall not
be limited by the budget but shall have authority to
apply such funds as may be available therefore or as
may be procured for such purpose.
History.-s. 28, ch. 25209, 1949; s. 3, ch. 29790, 1955; s. ch. 61-497; s. 1. ch.
65-432; s. 1. ch. 67-74; s 25. ch. 73-190; s. 18. ch. 74-234; s. 46. ch. 80-274; a 230.
ch. 81-259.
Note.-Former 8. 378.28.

373.539 Imposition of taxes.-
(1) Each year the governing board of the district
shall certify to the property appraiser of the county
in which the property is situate, timely for the prepa-
ration of the tax roll, the tax rate to be applied in de-
termining the amount of the district's annual tax,
and the property appraiser shall extend on his county
tax roll the amount of such tax, determined at the
rate certified to him by the governing board, and
shall certify the same to the tax collector at the same
time and in like manner as for county taxes.
(2) Collection of district taxes, the issuance of tax
sale certificates for nonpayment thereof, the redemp-
tion or sale of said certificates, the vesting of title by
tax forfeiture, and the sale of the land and other real
estate so forfeited shall be at the same time, in con-
junction with, and by like procedure and of like effect
as is provided by law with respect to county taxes,
nor may either the county or the district taxes be
paid or redemption effected without the payment or
redemption of both. The title to district tax forfeited
land shall vest in the county on behalf of said district
along with that of the county for county tax forfeited
land, said district tax forfeited land to be held, sold,
or otherwise disposed of by said county for the bene-
fit of said district. The proceeds therefrom, after de-
ducting costs, shall be paid to the district in amounts
proportionate to the respective tax liens thereon.
(3) The district tax liens shall be of equal dignity
with those of the county.
(4) The tax officers of the county are hereby au-
thorized and directed to perform the duties devolving
upon them under this chapter, and to receive com-
pensation therefore at such rates or charges as are pro-
vided by law with respect to similar services or
charges in other cases.
History.-s. 29 ch. 25209, 1949; s. 25. ch. 73-190; s. 1, ch. 77-102.
Note.-Former s. 378.29.


373.543 Land held by Board of Trustees of
the Internal Improvement Trust Fund; areas not
taxed.-
(1) Land comprising part of the principal of the
State School Trust Fund declared by the constitution
to be "sacred and inviolate," or other real estate, title
to which is in the State Board of Education, shall not
be subject to the district tax nor shall there be liabili-
ty therefore upon any state agency.
(2) There shall be excluded from district taxes all
bodies of navigable water and unreclaimed water ar-
eas meandered by the public surveys, all
rights-of-way of said district, all areas devoted or
dedicated to the use of and for the works of the dis-
trict, rights-of-way of state and county highways, and
streets within the limits of incorporated towns, and
property owned by a public agency open to the use of
the public or for the public benefit not leased to or
operated by a private agency.
History.-. 30, ch. 25209. 1949 s. 2. ch. 61-119; a. 27, 35, ch. 69-106; s. 25,
ch. 73-190; s. 1. ch. 77-102; s. 231. ch. 81-259.
Note.-Former s. 37830.

373.546 Unit areas.-The governing board
may, in its discretion, adopt and effectuate unit areas
embracing separate or combined drainage basins, or
parts thereof, or areas of related lands and works, for
convenience or economy in constructing, maintaining
and operating the works of the district, and for the
purpose of imposing taxes within each area to meet
these requirements of the said area.
History.--. 31. c. 25209, 1949: 25 ch. 73-190.
Note.-Former s. 378.31.

373.553 Treasurer of the board; deposito-
ries.-
(1) The governing board shall designate a trea-
surer who shall be custodian of all funds belonging to
the said board and to the said district, and such
funds shall be disbursed upon the order of, or in the
manner prescribed by, the governing board by war-
rant or check signed by the treasurer or assistant
treasurer and countersigned by the chairman or vice
chairman of the board. The board is authorized to es-
tablish procedures for disbursement of funds in such
amounts and in such manner as the board may pre-
scribe, except that disbursement of funds prior to
specific board approval may only be authorized upon
certification by its chief executive officer or his desig-
nated assistant to the treasurer or assistant treasurer
and to the chairman or vice chairman of the board
that such disbursement is proper and in order and is
within budgetary limits. Any such disbursements
shall be reported to the board at its next regular
meeting.
(2) The board is hereby authorized to select as
depositories in which the funds of the said board and
of the said district shall be deposited any banking
corporation organized under the laws of the state or
under the National Banking Act, doing business in
the state, upon such terms and conditions as to the
payment of interest by such depository upon the
funds so deposited as the said board shall deem just
and reasonable and also upon such terms as to securi-
ty by such depository as said board shall deem prop-
er, which security may be either by satisfactory indi-


F.S. 1981


WATER RESOURCES


Ch. 37.










Cli. 373 WATER RESOURCES F.S. 1981


vidual or surety bonds or by the deposit with the
treasurer of bonds of the district issued by said
board, bonds of the United States, bonds or certifi-
cates of the several states, county and municipal
bonds or certificates, and county or county school
time warrants, issued by any of the counties or cities
of the state or by any of the state agencies, depart-
ments or commissions authorized to issue bonds or
certificates, or issued by authority created by the
Legislature. Such bonds or certificates may be gener-
al obligations of the issuing authority or they may be
secured by utility revenues, or other revenues, or by
excise taxes, or they may be secured by a limited ad
valorem tax; provided, however, that none of the
foregoing bonds or certificates shall be accepted as
security for the funds herein mentioned unless they
shall have qualities pertinent to bank investments;
and provided further, that except as to the bonds of
the United States or bonds the payment of whose
principal and interest is guaranteed by the United
States or federal certificates of indebtedness, or
state, county or municipal obligation bonds, the
bonds or certificates herein mentioned shall be rated
in one of the highest four classifications by estab-
lished nationally recognized investment rating ser-
vices, the type, amount or value of such bonds or cer-
tificates shall be in such amount as may be designat-
ed by the governing board of the district.
History.-s. 33. ch. 25209. 1949; s. 3, ch. 63-224; s. 25, ch. 73-190: s. 1. ch.
73-213;.s. 115. och. 77-104.
Notw.-Former s. 378.33.

373.656 Investment of funds.-The governing
board of the district may, in its discretion, invest
funds of the district in the following manner:
(1) That portion of the funds of the district which
the board anticipates will be needed for emergencies
may be invested in bonds or other obligations, either
bearing interest or sold on a discount basis, of the
United States, or the United States Treasury, or
those for the payment of the principal and interest of
which the faith and credit of the United States is
pledged.
(2) All other funds of the district may be invested
in securities named in subsection (1) hereof, or in
bonds or other interest-bearing obligations of any in-
corporated county, city, town, school district or road
and bridge district located in the state, for which the
full faith and credit of such political subdivision has
been pledged; provided, such political subdivision or
its successor, through merger, consolidation or other-
wise, has not within 5 years previous to the making of
such investment, defaulted for more than 6 months
in the payment of any part of the principal or interest
of its bonded indebtedness; and, provided, the securi-
ties purchased under the provisions of this subsection
shall have a maturity date on or before the anticipat-
ed date of need for the funds represented thereby.
History.-s. 4. ch. 29790. 1955; s. 25, ch. 73-190.
Note.-Former s. 378.331.

373.559 May borrow money temporarily.
-In order to provide for the works described by this
chapter, the governing board is hereby authorized
and empowered to borrow money temporarily, from
time to time, for a period not to exceed 1 year at any


one time, not including renewals thereof, and to issue
its promissory notes therefore upon such terms and at
such rates of interest as the said board may deem ad-
visable, payable from the taxes herein levied and im-
posed, and the increment thereof. Any of such notes
may be used in payment of amounts due, or to be-
come due, upon contracts made or to be made by said
board for carrying on the work authorized and pro-
vided for herein, and the said board may, to secure
the payment of any of such notes, hypothecate bonds
herein authorized to be issued, and may thereafter
redeem such hypothecated bonds. Any of the notes so
issued may be paid out of the proceeds of bonds au-
thorized to be issued by this chapter.
Hito6y.-s. 34, oh. 25209, 1949; s. 25, ch. 73-190.
Note.-Former s. 378.34.

373.563 Bonds.-
(1) The governing board is hereby authorized and
empowered to borrow money on permanent loans and
incur obligations from time to time on such terms
and at such rates of interest as it may deem proper,
not exceeding 7.5 percent per annum, for the purpose
of raising funds to prosecute to final completion the
works and all expenses necessary or needful to be in-
curred in carrying out the purposes of this chapter;
and the better to enable the said board to borrow the
money to carry out the purposes aforesaid, the board
is hereby authorized and empowered to issue in the
corporate name of said board, negotiable coupon
bonds of said district.
(2) The bonds to be issued by authority of this
chapter shall be in such form as shall be prescribed
by the said board, shall recite that they are issued un-
der the authority of this chapter, and shall pledge the
faith and credit of the governing board of the district
for the prompt payment of the interest and principal
thereof.
(3) Said bonds shall have all the qualities of nego-
tiable paper under the Law Merchant, and shall not
be invalid for any irregularity, or defect in the pro-
ceedings for the issue and sale thereof except forgery;
and shall be incontestable in the hands of bona fide
purchasers or holders thereof for value. The provi-
sions of this chapter shall constitute an irrevocable
contract between said board and the district and the
holders of any bonds and the coupons thereof, issued
pursuant to the provisions hereof. Any holder of any
of said bonds or coupons may either at law or in equi-
ty by suit, action or mandamus enforce and compel
the performance of the duties required by this chap-
ter of any of the officers or persons mentioned in this
chapter in relation to the said bonds, or to the collec-
tion, enforcement and application of the taxes for the
payment thereof.
(4) The amount of bonds to be issued in any one
year, when added to the amount then outstanding,
shall be not greater than can be supported for that
year in accordance with the bond schedule out of 90
percent of the taxes imposed, or to be imposed, for
that year, plus other moneys in the hands of the dis-
trict.usable for bond purposes after deducting there-
from amounts estimated to be required for mainte-
nance and operation of the works of the district, cost
of administration, and amounts for such other pur-


Ch. 373


WATER RESOURCES


F.S. 1981











F.S. 1981 WATER RESOURCES Ch. 373


poses as the governing board may determine, nor
shall the governing board levy in any year taxes in-
sufficient to support said bonds for such year on the
basis herein described.
(5) All bonds and coupons not paid at maturity
shall bear interest at a rate not to exceed 7.5 percent
per annum from maturity until paid, or until suffi-
cient funds have been deposited at the place of pay-
ment.
(6) The bonds to be issued by authority of this
chapter shall be in denominations of not less than
$100, bearing interest from date at a rate not to ex-
ceed 5 percent per annum, payable semiannually, to
mature at annual intervals within 40 years commenc-
ing after a period of not later than 10 years, to be de-
termined by said board, both principal and interest
payable at some convenient place designated by said
board to be named in said bonds, which said bonds
shall be signed by the chairman of the board, attested
with the seal of said district and by the signature of
the secretary of said board. In case any of the officers
whose signatures, countersignatures and certificates
appear upon the said bonds and coupons shall cease
to be such officer before the delivery of such bonds to
the purchaser, such signature or countersignature
and certificate shall nevertheless be valid and suffi-
cient for all purposes the same as if they had re-
mained in office until the delivery of the bonds.
(7) Interest coupons shall be attached to the said
bonds and the said coupons shall be consecutively
numbered, specifying the number of the bond to
which they are attached, and shall be attested by the
lithographed or engraved facsimile signature of the
chairman and secretary of said board.
(8) In the discretion of said board, it may be pro-
vided that at any time, after such date as shall be
fixed by the said board, said bonds may be redeemed
before maturity at the option of said board, or its
successors in office. If any bond so issued subject to
redemption before maturity shall not be presented
when called for redemption, it shall cease to bear in-
terest from and after the date so fixed for redemp-
tion.
History.-s. 35. ch. 25209, 1949: s. 1, ch. 61-147; s. 25, ch. 73-190; s. 33, ch.
73-302; s. 1, ch. 77-174; s. 147, ch. 79-400.
Note.-Former s. 378.35.

373.566 Refunding bonds.-The governing
board shall have authority to issue refunding bonds
to take up any outstanding bonds of said district fall-
ing due and becoming payable, when, in the judg-
ment of said board, it shall be for the best interests of
said district so to do. The said board is hereby autho-
rized and empowered to issue refunding bonds to
take up and refund all bonds of said district out-
standing that are subject to call and termination, and
all bonds of said district that are not subject to call or
redemption, where the surrender of said bonds can
be procured from the holder thereof at prices satis-
factory to the board. Such refunding bonds may be
issued at any time when in the judgment of said
board it will be to the interest of the district finan-
cially or economically by securing a lower rate of in-
terest on said bonds or by extending the time of ma-
turity of said bonds, or for any other reason in the
judgment of said board advantageous to said district.
History.-s. 36, ch. 25209, 1949; s. 25. ch. 73-190.
Note.-Former s. 378.36.


373.569 Bond election.-When required by the
State Constitution, the governing board shall call an
election of the freeholders in said district, in which
said election the matter of whether or not said bonds
shall be issued shall be decided as provided by law
with respect to bond elections.
History.-s. 37, ch. 25209, 1949; s. 25, ch. 73-190.
Note.-Former L 378.37.

373.573 Bonds to be validated.-Whenever
the governing board shall have authorized the issu-
ance of bonds under the provisions of this chapter,
the said board may, if it shall so elect, have said
bonds validated in the manner provided by chapter
75, and to that end the said board may adopt a suit-
able resolution for the issuance of said bonds.
History.--. 38. ch. 25209, 1949; a. 25, ch. 73-190.
Note.-Former s. 378.38.

373.576 Sale of bonds.-All of said bonds shall
be executed and delivered to the treasurer of said dis-
trict, who shall sell the same in such quantities and at
such rates as the board may deem necessary to meet
the payments for the works and improvements in the
district. Said bonds shall not be sold for less than 95
cents on the dollar, with accrued interest.
History.-s. 39, ch. 25209, 1949; s. 25. ch. 73-190.
Note.-Former a. 378.39.

373.579 Proceeds from taxes for bond pur-
poses.-It shall be the duty of the treasurer as custo-
dian of the funds belonging to the said board and to
the district, out of the proceeds of the taxes levied
and imposed by this chapter and out of any other
moneys in his possession belonging to the district,
which moneys so far as necessary shall be set apart
and appropriated for the purpose, to apply said mon-
eys and to pay the interest upon the said bonds as the
same shall fall due and at the maturity of the said
bonds to pay the principal thereof.
History.-s. 40, ch. 25209, 1949; a. 25, ch. 73-190.
Note.-Former a. 378.40.

373.583 Registration of bonds.-
(1) Whenever the owner of any coupon bond is-
sued pursuant to the provisions of this chapter shall
present such bond and all unpaid coupons thereof to
the treasurer of the district with request for the con-
version of such bond into a registered bond, such
treasurer shall cut off and cancel the coupons of any
such coupon bond so presented, and shall stamp,
print or write upon such coupon bond so presented
either upon the back or the face thereof as may be
convenient, a statement to the effect that said bond
is registered in the name of the owner and that there-
after the interest and principal of said bond are pay-
able to the registered owner. Thereafter and from
time to time any such bond may be transferred by
such registered owner in person or by attorney duly
authorized on presentation of such bond to the trea-
surer, and the bond again registered as before, a simi-
lar statement being stamped or written thereon.
(2) Such statement stamped, printed or written
upon any such bond may be in substantially the fol-
lowing form:


F.S. 1981


WATER RESOURCES


Ch. 373










Ch. 73 WTER ESORCESF.S.198


(Date, giving month, year and day.)
This bond is to be registered pursuant to the stat-
utes in such case made and provided in the name of
(here insert name of owner), and the interest And
principal thereof are hereafter payable to such owner.
(Treasurer)

(3) If any bond shall have been registered as
aforesaid, the principal and interest of said bond
shall be payable to the registered owner. The treasur-
er shall enter in the register of said bonds to be kept
by him, or in a separate book, the fact of the registra-
tion of such bonds, and in whose names respectively,
so that said register or book shall at all times show
what bonds are registered and the name of the regis-
tered owner thereof.
History.-s. 41, ch. 25209, 1949; a. 25, ch. 73-190.
Note.-Former s. 378.41.

373.586 Unpaid warrants to draw interest.
-If any warrant issued under this chapter is not paid
when presented to the treasurer of the district be-
cause of lack of funds in the treasury, such fact shall
be endorsed on the back of such warrant, and such
warrant shall draw interest thereafter at a rate not
exceeding 6 percent per annum, until such time as
there is money on hand to pay the amount of such
warrant and the interest then accumulated; but no
interest shall be allowed on warrants after notice to
the holder or holders thereof that sufficient funds are
in the treasury to pay said endorsed warrants and in-
terest.
Hitory.-s. 42, ch. 25209, 1949; s. 25, ch. 73-190; a. 116, ch. 77-104.
Note.-Former s. 378.42.

373.589 Audit by Auditor General.-At the
direction of the Governor, audit of the district's ac-
counts may be made from time to time by the Audi-
tor General, and such audit shall be within the au-
thority of said Auditor General, to make. Copy of
such audit shall be furnished the Governor and the
governing board of the district, and a copy shall be
filed with the clerks of the circuit courts of each
county within or partly within said district. The ex-
pense of said audit shall be paid by the district upon
a statement thereof rendered to the district by the
Auditor General. Payment of the amount thereof
shall be made to the State Department of Banking
and Finance to be entered in and to reimburse the ac-
count of the Auditor General so as not to reduce the
legislative appropriation for said Auditor General.
History.-s. 43, ch. 25209. 1949; s. 8. ch. 69-82; as. 12, 35. ch. 69-106; a. 25. ch.
73-190.
Note.-Former s. 378.43.

373.59 Water Management Lands Trust
Fund.-
(1) There is established within the Department of
Environmental Regulation the Water Management
Lands Trust Fund, to be used as a nonlapsing fund
for the purposes of this section. The moneys in this
fund are hereby continually appropriated for the pur-
pose of acquiring land in accordance with the provi-
sions of this section.
(2) Each district shall file a 5-year plan for acqui-


sition with the Legislature and the Secretary 'of En-
vironmental Regulation by January 15, 1982. Annual-
ly thereafter each district shall file with the Legisla-
ture and the secretary a report of acquisition activity
together with modifications or additions to its 5-year
plan of acquisition. Expenditure of moneys from the
Water Management Lands Trust Fund shall be limit-
ed to the costs for acquisition of lands included with-
in the plan as filed by each district.
(a) Prior to July 15, 1982, the use of moneys from
the fund shall be limited to the following land acqui-
sitions:
1. By South Florida Water Management Dis-
trict-lands in the water conservation areas and ar-
eas adversely affected by raising water levels of Lake
Okeechobee in accordance with present regulation
schedules, and the Savannahs Wetland area in Mar-
tin County and St. Lucie County.
2. By Southwest Florida Water Management Dis-
trict-lands in the Four River Basins areas, including
Green Swamp, Upper Hillsborough and Cypress
Creek, Anclote Water Storage Lands (Starkey),
Withlacoochee and Hillsborough riverine corridors,
and Sawgrass Lake addition.
3. By St. Johns River Water Management Dis-
trict-Seminole Ranch, Latt Maxey and Evans prop-
erties in the upper St. Johns River Basin.
4. By Suwannee River Water Management Dis-
trict-lands in Suwannee River Valley.
5. By Northwest Florida Water Management Dis-
trict-lands in the Choctawhatchee and Apalachicola
River Valleys.
(b) After July 15, 1982, the use of moneys from
the fund shall be used for continued acquisition of
lands listed in paragraph (a) and as set forth in the
5-year land acquisition plan of the district.
(3) Moneys from the Water Management Lands
Trust Fund shall be used for acquiring the fee or oth-
er interest in lands necessary for water management,
water supply, and the conservation and protection of
water resources, except that such moneys shall not be
used for the acquisition of rights-of-way for canals or
pipelines. Lands acquired with moneys from the fund
shall be managed and maintained in an environmen-
tally acceptable manner, and to the extent practica-
ble, in such a way as to restore and protect their nat-
ural state and condition. The secretary of the Depart-
ment of Environmental Regulation shall release mon-
eys from the Water Management Lands Trust Fund
to the districts following receipt of a resolution
adopted by the governing board identifying the lands
being acquired and certifying that such acquisition is
consistent with the plan of acquisition and other pro-
visions of this act.
(4) Water management land acquisition costs
shall include payments to owners and costs and fees
associated with such acquisition.
(5) The state-to-district ratio for funding of wa-
ter management land acquisition shall be 4 to 1, ex-
cept that the first $2 million of the moneys allocated
to the district annually shall be exempt from the
matching requirement. Any unused portion of a dis-
trict's share of the fund shall accumulate in the trust
fund to the credit of that district. Interest earned on
such portion shall also accumulate to the credit of


Ch. 373


WATFR RFSOITRCES


F.S. 1981









WAT1eR RE~QA~ITRflR


that district to be used for land acquisition as provid-
ed in this section. The total moneys over the life of
the fund available to any district under this section
shall not be reduced except by resolution of the dis-
trict governing board stating that the need for the
moneys no longer exists.
(6) Moneys from the Water Management Lands
Trust Fund shall be available to the five water man-
agement districts in the following percentages:
(a) Thirty percent to the South Florida Water
Management District.
(b) Twenty-five percent to the Southwest Florida
Water Management District.
(c) Twenty-five percent to the St. Johns River
Water Management District.
(d) Ten percent to the Suwannee River Water
Management District.
(e) Ten percent to the Northwest Florida Water
Management District.
(7) Moneys in the fund not needed to meet cur-
rent obligations incurred under this section shall be
transferred to the State Board of Administration, to
the credit of the fund, to be invested in the manner
provided by law. Interest received on such invest-
ments shall be credited to the fund.
(8) Lands acquired for the purposes enumerated
in this section shall also be used for general public
recreational purposes that are not inconsistent with
subsection (3).
(9) A district may dispose of land acquired under
this section, pursuant to s. 373.089. However, revenue
derived from such disposal may not be used for any
purpose except the purchase of other lands meeting
the criteria specified in this section.
(10) This section is repealed effective July 1,
1992. Any unobligated moneys remaining in the Wa-
ter Management Lands Trust Fund on the date of
the repeal of this section shall be deposited into the
General Revenue Fund.
History.-ss. 3, 5, ch. 81-33.
'Note.-The words "of Environmental Regulation" were inserted to clarify
the reference to secretary.
PART VI

MISCELLANEOUS PROVISIONS


373.603
373.604

373.605

373.609

373.613
373.614

373.616
373.6161
373.617


Power to enforce.
Awards to employees for meritorious ser-
vice.
Group insurance for water management
districts.
Enforcement; city and county officers to
assist.
Penalties.
Unlawful damage to district property or
works; penalty.
Liberal construction.
Chapter to be liberally construed.
Judicial review relating to permits and li-
censes.


373.603 Power to enforce.-The Department
of Environmental Regulation or the governing board
of any water management district and any officer or
agent thereof may enforce any provision of this law or


any rule or regulation adopted and promulgated or
order issued thereunder to the same extent as any
peace officer is authorized to enforce the law. Any of-
ficer or agent of any such board may appear before
any magistrate empowered to issue warrants in crimi-
nal cases and make an affidavit and apply for the is-
suance of a warrant in the manner provided by law;
and said magistrate, if such affidavit shall allege the
commission of an offense, shall issue a warrant di-
rected to any sheriff or deputy for the arrest of any
offender. The provisions of this section shall apply to
the Florida Water Resources Act of 1972 in its entire-
ty.
History.-4. 14, ch. 57-380; s. 14, ch. 63-336; as. 25, 35, ch. 69-106; s. 2, part
VI, ch. 72-299 a. 25, ch. 73-190; s. 117. ch. 77-104; a. 51. ch. 79-65.
Note.-Former s. 373.201.

373.604 Awards to employees for meritori-
ous service.-The governing board of any water
management district may adopt and implement a
program of meritorious service awards for district
employees who make proposals which are imple-
mented and result in reducing district expenditures
or improving district operations, who make excep-
tional contributions to the efficiency of the district,
or who make other improvements in the operations of
the district. No award granted under the provisions
of this section shall exceed $2,000 or 10 percent of the
first year's savings, whichever is less, unless a larger
award is made by the Legislature. Awards shall be
paid by the district from any available funds.
History.-s. 1, ch. 74-287.

373.605 Group insurance for water manage-
ment districts.-
(1) The governing board of any water manage-
ment district is hereby authorized and empowered to
provide group insurance for its employees in the
same manner and with the same provisions and limi-
tations authorized for other public employees by ss.
112.08, 112.09, 112.10, 112.11, 112.12 and 112.14.
(2) Any and all insurance agreements in effect as
of October 1, 1974, which conform to the provisions
of this section are hereby ratified.
History.-a. 2, ch. 74-218.

373.609 Enforcement; city and county offi-
cers to assist.-It shall be the duty of every state
and county attorney, sheriff, police officer, and other
appropriate city and county official, upon request, to
assist the department, the governing board of any
water management district, or any local board, or any
of their agents in the enforcement of the provisions of
this law and the rules and regulations adopted there-
under.
History.-s. 15. ch. 57-380; s. 15, ch. 63-336; ua. 25, 35. ch. 69-106; s. 25, ch.
73-190; s. 117, ch. 77-104; s. 232, ch. 81-259.
Note.-Former a. 373.211.

373.613 Penalties.-Any person who violates
any provision of this law or any rule, regulation or or-
der adopted or issued pursuant thereto is guilty of a
misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
History.-a. 18. ch. 57-380: s. 325. ch. 71-136; s. 25, ch. 73-190.
Note.-Former s. 373.241.


*T Ct


FS. 1981


rh3 73


WATE .-R E I.... q#....-r --- .


* ,' ,


:' E? ". ;.
,-:^ ** ;- ^ .y :'- '. ^ .










Ch.__ 373___ WATR RSORCE FS 98


373.614 Unlawful damage to district prop-
erty or works; penalty.-The governing board of
the district shall have the power, and is authorized,
to offer and pay rewards of up to $1,000 to any per-
son furnishing information leading to the arrest and
conviction of any person who has committed an un-
lawful act or acts upon the rights-of-way, land, or
land interests of the district or has destroyed or dam-
aged district properties or works.
History.-s. 25, ch. 73-190; s. 1. ch. 73-212.
Note.-Former s. 378.163.

373.616 Liberal construction.-The provi-
sions of this chapter shall be liberally construed in
order to effectively carry out its purposes.
Hitory.-s. 4, part VI, ch. 72-299.

373.6161 Chapter to be liberally construed.
-This chapter shall be construed liberally for effec-
tuating the purposes described herein, and the proce-
dure herein prescribed shall be followed and applied
with such latitude consistent with the intent thereof
as shall best meet the requirements or necessities
therefore.
History.--. 46, ch. 25209; s8. ch. 25213, 1949; s. 25. ch. 73-190.
Note.-Former a. 378.47.

373.617 Judicial review relating to permits
and licenses.-
(1) As used in this section, unless the context oth-
erwise requires:
(a) "Ageilcy" means any official, officer, commis-
sion, authority, council, committee, department, divi-
sion, bureau, board, section, or other unit or entity of
state government.
(b) "Permit" means any permit or license re-
quired by this chapter.
(2) Any person substantially affected by a final
action of any agency with respect to a permit may
seek review within 90 days of the rendering of such
decision and request monetary damages and other re-
lief in the circuit court in the judicial circuit in which


the affected property is located; however, circuit
court review shall be confined solely to determining
whether final agency action is an unreasonable exer-
cise of the state's police power constituting a taking
without just compensation. Review of final agency
action for the purpose of determining whether the ac-
tion is in accordance with existing statutes or rules
and based on competent substantial evidence shall
proceed in accordance with chapter 120.
(3) If the court determines the decision reviewed
is an unreasonable exercise of the state's police power
constituting a taking without just compensation, the
court shall remand the matter to the agency which
shall, within a reasonable time:
(a) Agree to issue the permit;
(b) Agree to pay appropriate monetary damages;
however, in determining the amount of compensation
to be paid, consideration shall be given by the court
to any enhancement to the value of the land attribut-
able to governmental action; or
(c) Agree to modify its decision to avoid an un-
reasonable exercise of police power.
(4) The agency shall submit a statement of its
agreed-upon action to the court in the form of a pro-
posed order. If the action is a reasonable exercise of
police power, the court shall enter its final order ap-
proving the proposed order. If the agency fails to sub-
mit a proposed order within a reasonable time not to
exceed 90 days which specifies an action that is a rea-
sonable exercise of police power, the court may order
the agency to perform any of the alternatives speci-
fied in subsection (3).
(5) The court shall award reasonable attorney's
fees and court costs to the agency or substantially af-
fected person, whichever prevails.
(6) The provisions of this section are cumulative
and shall not be deemed to abrogate any other reme-
dies provided by law.
HUItory.--. 1. 2. 3, 4. 5, 6 ch. 78-85.
Note.-Also published at se. 161.212. 253.763, 380.085, and 403.90.


Ch. 373


WATER RESOURCES


F.S. 1981




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

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