KEY WORDS: --,
D, ember 9, 1976 KEYWORDS:
R1: Basin Board Membership
Section 373.0693(2) provides that each basin board shall
b composed of not less than three members but shall
include one representative from each of the counties within
S action 5(4), Ch. 61-691, provides that watershed basins
wholly contained in one county shall have a board of
t ree members.
S action 5(3) provides that basins including all or a part of
t o counties only shall have a board of three members.
S action 5(2) provides that each watershed basin shall have
aboard composed of one representative from each of the
Chapter 61-691 controls, in so far as it relates to SWFWMD,
Scept where specifically modified by act of the legislature,
Wen the Water Resources Act was originally enacted in 1972,
. contained a provision which was codified as Section 373.073(1) (a),
Sorida Statutes, which increased the length of terms of future
asin board members for SWFWMD from three to four years upon
epiration of current terms. It also stated: "the residency
r quirements prescribed in Ch. 61-691, Laws of Florida,
iall continue to apply to all subsequent appointments." This
vuld apply to both governing board and basin board members.
actionn 373.0693(3), Florida Statutes, which was enacted as
prt of Ch. 73-190, Laws of Florida, provides that basin board
imbers shall serve for three year terms. The general rule is
":at a later enacted statute controls where there is a direct
conflict between two laws, thus the three year term provision
w)uld be controlling.
Section 6 of Ch. 76-243, Laws of Florida, substantially amends
action 373.073 and strikes subparagraph (1)(a), entirely,
hereby deleting all reference to the four year term for SWFWMD
asin board members as well as the reference to residency
requirements prescribed in Ch. 61-691.
his then leavesthe following laws still on the books:
Section 373.0693(2) and (3), Florida Statutes
states that each basin board shall be composed
of not less than three members, but shall
include one representative from each of the
included counties in the basin and each mem-
ber shall serve for a period of three years
or until his successor is appointed.
Section 5(2), (3), (4) and (5), Ch. 61-691, Laws
provides that basin boards shall be composed
of one representative from each of the
included counties, that basins which include
all or a part of two counties only shall have
a board of three members, and basins wholly
contained in one county shall have a board
of three members, and that the various board
members shall serve for periods of three years
or until their successors are appointed.
Section 373.0693(7), Florida Statutes
provides that the members of the Manasota
Basin of the Ridge and Lower Gulf Coast
District shall.become members of the
governing board of the Manasota Basin of
the Southwest District. Currently, there are
five members of this basin board. Therefore,
these five members would become members of
the basin board of the newly constituted
Manasota Basin when it becomes part of SWFWMD.
However, in the future, the basin board
membership of the Manasota Basin would be
limited by the provisions of Ch. 61-691,
resulting in a three member board after
attrition takes its toll.