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					F.S. 1985                                                   WATER RESOURCES                                                        Ch.373

    373.429 Revocation and modification of permits.-                       (b) Passing or imminent floods threaten the safety
The governing board or the department may revoke or                     of any dam, impoundment, reservoir, appurtenant work ,
modify a permit at any time if it determines that a dam ,               or works .
impoundment, reservoir, appurtenant work , or works                        (2) In applying the emergency measures provided
has become a danger to the public health or safety or                   for in this section, the executive director or the Depart-
if its operation has become inconsistent with the objec-                ment of Environmental Regulation may in an emergency
tives of the district. The affected party may file a written            do any of the following :
petition for hearing no later than 14 days after notice of                 (a) Lower the water level by releasing water from
revocation or modification is served. If the executive di-              any impoundment or reservoir.
rector of the district or the division determines that the                 (b) Completely empty the impoundment or reser-
danger to the public is imminent, he may order a tempo-                 voir.
rary suspension of the construction , alteration, or opera-                (c) Take such other steps as may be essential to
tion of the works until the hearing is concluded , or may               safeguard life and property.
take such action as authorized under s. 373.439.                           (3) The executive director or the Department of Envi-
 Hlstory.-s. 9, part IV, ch. 72-299; s. 14, ch. 78-95.                  ronmental Regulation shall continue in full charge and
                                                                        control of such dam , impoundment, reservoir, and its ap-
   373.433 Abatement.-Any dam, impoundment, res-                        purtenant works until they are rendered safe or the
ervoir, appurtenant work , or works which violates the                  emergency occasioning the action has ceased .
                                                                         Hlstory.- s. 12, part IV, ch. 72-299; s. 49, ch. 79-65.
laws of this state or which violates the standards of the
governing board or the department shall be declared a                      373.443 Immunity from liability.-No action shall be
public nuisance. The operation of such dam, impound-                    brought against the state or district, or any agents or
ment, reservoir, appurtenant work, or works may be en-                  employees of the state or district, for the recovery of
joined by suit by the state or any of its agencies or by                damages caused by the partial or total failure of any
a private citizen . The governing board or the department               dam, impoundment , re servoir, appurtenant work , or
shall be a necessary party to any such suit. Nothing                    works upon the ground that the state or district is liable
herein shall be construed to conflict with the provisions               by virtue of any of the following :
of s. 373.429.                                                             (1) Approval of the permit for construction or alter-
 Hlatory.-s. 10, part IV, ch. 72-299.
                                                                        ation.
                                                                           (2) The issuance or enforcement of any order rela-
   373.436 Remedial measures.-
                                                                        tive to maintenance or operation.
   (1) Upon completion of any inspection provided for
                                                                           (3) Control or regulation of dams, impoundments,
by s. 373.423(3), the executive director shall determine                reservoirs, appurtenant work, or works regulated under
what alterations or repairs are necessary and order that                this chapter.
such alterations and repairs shall be made within a time                   (4) Measures taken to protect against failure during
certain , which shall be a reasonable time . The owner of               emergency.
such dam, impoundment, reservoir, appurtenant work,                      Hlstory.-s. 13, part IV, ch. 72-299.
or works may file a written petition for hearing before the
governing board or the department no later than 14 days                                                    PART V
after such order is served. If, after such order becomes
                                                                                             FINANCE AND TAXATION
final , the owner shall fail to make the specified alter-
ations or repairs , the governing board or the department               373.495       Water resources development account.
may, in its discretion, cause such alterations or repairs               373.498       Disbursements from water resources devel-
to be made.                                                                              opment account.
   (2) Any cost to the district or the department of alter-             373.501       Appropriation of funds to water management
ations or repairs made by it under the provisions of sub-                                districts.
section (1) shall be a lien against the property of the                 373.503       Manner of taxation .
landowner on whose lands the alterations or repairs are                 373.506       Costs of district.
made until the governing board or department is reim-                   373.507       Districts, basins , and taxing authorities; bud-
bursed , with reasonable interest and attorney's fees , for                              get and expense reports ; audits.
its costs.                                                              373.516       Benefits to rights-of-way.
 Hlatory.- s. 11 , part IV, ch. 72-299; s. 14, ch. 78-95.               373.536       District budget and hearing thereon .
                                                                        373.539       Imposition of taxes.
   373.439 Emergency measures.-                                         373.543       Land held by Board of Trustees of the Internal
   (1) The executive director, with the concurrence of                                   Improvement Trust Fund; areas not taxed.
the governing board , or the Department of Environmen-                  373.546       Unit areas.
tal Regulation shall immediately employ any remedial                    373.553       Treasurer of the board ; depositories.
means to protect life and property if either:                           373.556       Investment of funds.
   (a) The condition of any dam, impoundment, reser-                    373.559       May borrow money temporarily.
voir, appurtenant work, or works is so dangerous to the                 373.563       Bonds.
safety of life or property as not to permit time for the is-            373.566       Refunding bonds.
suance and enforcement of an order relative to mainte-                  373.569       Bond election.
nance or operation.                                                     373.573       Bonds to be validated.
                                                                  501
Ch.373                                                                WATER RESOURCES                                                      F.S. 1985

373.576         Sale of bonds.                                                              373.503 Manner of taxation.-
373.579         Proceeds from taxes for bond purposes.                                      (1) It is the finding of the Legislature that the general
373.583         Registration of bonds.                                                  regulatory and administrative functions of the districts
373.584         Revenue bonds.                                                          herein authorized are of general benefit to the people of
373.586         Unpaid warrants to draw interest.                                       the state and should fully or in part be financed by gen-
373.589         Audit by Auditor General.                                               eral appropriations. Further, it is the finding of the Legis-
373.59          Water Management Lands Trust Fund .                                     lature that water resources programs of particular bene-
                                                                                        fit to limited segments of the population should be fi-
  373.495 Water resources development account-                                          nanced by those most directly benefited. To those ends,
There is hereby created in the General Revenue Fund                                     this chapter provides for the establishment of permit ap-
an account to be known as the "Water Resources Devel-                                   plication fees and a method of ad valorem taxation to fi-
opment Account." Subject to such appropriation as the                                   nance the activities of the district.
Legislature may make from time to time, the purpose of                                      (2)(a) The Legislature declares that the millage au-
said account shall be to provide assistance to the water                                thorized for water management purposes by s. 9(b), Art.
management districts created under this act for the pro-                                VII of the State Constitution shall be levied only by the
tection, conservation, or development of the water re-                                  water management districts set forth in this chapter and
sources of the state.                                                                   intends by this section to prevent any laws which would
  Hlstory.-s. 10, part I, ch. 72-299; ss. 4, 25, ch. 73-190.                            allow other units of government to levy any portion of
  Note.-Former s. 373.059.
                                                                                        said millage. However, this does not preclude such units
   373.498 Disbursements from water resources de-                                       of government from financing and engaging in water
velopment account.-Subject to the provisions of this                                    management programs if otherwise authorized by law.
chapter, there shall be available to any flood control or                                   (b) Pursuant to s. 11 (a)(21 ), Art. Ill of the State Con·
water management district created under this chapter                                    stitution, the Legislature hereby prohibits special laws
or by special acts of Legislature, out of said Water Re-                                or general laws of local application pertaining to the allo-
sources Development Account upon the approval of the                                    cation of any portion of the millage authorized for water
Department of Environmental Regulation, a sum or sums                                   management purposes by s. 9(b), Art. VII of the State
of money not exceeding in the aggregate the total esti-                                 Constitution to any unit of government other than those
mated amount required to cover the costs allocated to                                   districts established by this chapter.
the district for constructing the works of said district, for                               (c) The authority of the Central and Southern Florida
the acquisition of lands for water storage areas , for high-                            Flood Control District and the Southwest Florida Water
                                                                                        Management District to levy ad valorem taxes within the
way bridge construction , and for administration and pro-
                                                                                        territories specified in chapter 25270, Laws of Florida,
motion. These works may include small watershed proj-
                                                                                        1949, and chapter 61-691 , Laws of Florida, respectively,
ects (Pub. L. No. 83-566). Said sum or sums shall be
                                                                                        as heretofore amended, shall continue until those dis-
available as money is required for said purposes and
                                                                                        tricts have authority to levy ad valorem taxes pursuant
may be a grant to said districts. Also, subject to the pro-
                                                                                        to this section .
visions of this chapter, there shall be available to any                                   1(3)(a)  The districts may levy ad valorem taxes on
navigation district or agency created under chapter 37 4
                                                                                        property within the district solely for the purposes of this
or by special act of the Legislature, out of said Water Re-
                                                                                        chapter and of chapter 25270, Laws of Florida, 1949, as
sources Development Account upon approval of the de-
                                                                                        amended, and chapter 61 -691, Laws of Florida, as
partment, a sum or sums of money not exceeding in the
                                                                                        amended. The authority to levy ad valorem taxes as pro-
aggregate the total estimated amount required to cover
                                                                                        vided in this act shall commence with the year 1977.
the costs allocated to the district for constructing the                                However, the taxes levied for 1977 by the governing
works , for highway bridge construction, for the acquisi-
                                                                                        boards pursuant to this section shall be prorated to en-
tion of land for rights-of-way, for water storage areas,
                                                                                        sure that no such taxes will be levied for the first 4 days
and for administration and promotion . Said sum or sums
                                                                                        of the tax year, which days will fall prior to the effective
shall be available as money is required for said purposes                               date of the amendment to s. 9(b), Art. VII of the Constitu-
and may be a grant to said districts or agencies.
  History.-s. 4, ch. 25209, 1949; s. 2, ch. 65-287; s. 1, ch. 67-199; ss. 25, 35, ch.   tion of the State of Florida, which was approved March
69-106; s. 2, ch. 70-143; s. 25, ch. 73-190; s. 50, ch. 79-65.                          9, 1976. When appropriate , taxes levied by each govern-
  Note.-Former s. 378.04.
                                                                                        ing board may be separated by the governing board into
                                                                                        a millage necessary for the purposes of the district and
   373.501 Appropriation of funds to water manage-
                                                                                        a millage necessary for financing basin functions speci·
ment districts.- The department may allocate to the                                     fied ins. 373.0695. Beginning with the taxing year 1977,
water management districts, from funds appropriated to
                                                                                        and notwithstanding the provisions of any other general
the department, such sums as may be deemed neces-
                                                                                        or special law to the contrary, the maximum total millage
sary to defray the costs of the administrative, regulatory,                             rate for district and basin purposes shall be:
and other activities of the districts. The governing                                        1. Northwest Florida Water Management District:
boards shall submit annual budget requests for such                                     0.05 mill.
purposes to the department, and the department shall                                        2. Suwannee River Water Management District: 0.75
consider such budgets in preparing its budget request                                   mill.
for the Legislature.                                                                        3. St. Johns River Water Management District: 0.375
  History.-s. 11 , part I, ch. 72-299; ss. 5, 25, ch. 73-190.
  Note.-Former s. 373.066.                                                              mill, plus an additional .225 mill which may be used only
                                                                                    502
F.S. 1985                                                                  WATER RESOURCES                                                                               Ch. 373

for land acquisition and capital projects associated with                                     est-bearing negotiable notes therefor and pledge the
such acquisition.                                                                             proceeds of the tax imposed under the provisions of this
    4. Southwest Florida Water Management District:                                           chapter for the repayment thereof. Said board may issue
1.0 mill.                                                                                     to any person performing work or services or furnishing
    5. South Florida Water Management District: 0.80                                          anything of value interest-bearing negotiable evidence
mill.                                                                                         of debt.
    (b) The maximum millage assessed for district pur-                                          History.-s. 19, ch. 25209, 1949; s. 25, ch. 73-190; s. 15, ch. 76-243.
                                                                                                Note.- Former s. 378.19.
poses shall not exceed 25 percent of the total author-
ized millage when there are one or more basins in a dis-                                         373.507 Districts, basins, and taxing authorities;
trict, and the maximum millage assessed for basin pur-                                        budget and expense reports; audits.-Each district
poses shall not exceed 75 percent of the total author-                                        and basin referred to in chapter 373 shall furnish a de-
ized millage, except that:                                                                    tailed copy of its budget and past year's expenditures
    1. The apportionment in the St. Johns River Water                                         to the Governor, the Legislature , and the governing
Management District shall be a maximum of 15 percent                                          body of each county in which the district or basin has
for district purposes and a maximum of 85 percent for                                         jurisdiction or derives any funds for the operations of the
basin purposes, respectively.                                                                 district or basin. Each district, basin, and taxing authori-
    2. Within the Southwest Florida Water Management                                          ty shall make provision for an annual postaudit of its fi-
District, the maximum millage assessed for district pur-                                      nancial accounts. These postaudits shall be made in ac-
poses shall not exceed 30 percent of the total author-                                        cordance with the rules of the Auditor General promul-
ized millage when there are one or more basins in the                                         gated pursuant toss . 166.241 and 11.47.
district, and the maximum millage assessed for basin                                            History.-s. 16, ch. 76-243; s. 1, ch . 77-367; s. 12, ch. 82-101.
purposes shall not exceed 70 percent of the total author-
ized millage.                                                                                    373.516 Benefits to rights-of-way.-The governing
    (4) It is hereby determined that the taxes authorized                                     board of the district shall assess benefits to rights-of-
by this chapter are in proportion to the benefits to be de-                                   way of railroads and other public service corporations in
rived by the several parcels of real estate within the dis-                                   like manner as for other property, and the imposition and
tricts to which territories are annexed and transferred.                                      collection of said tax shall be in like manner as is provid-
It is further determined that the cost of conducting elec-                                    ed with respect to other property, except that the basis
tions within the respective districts or within the trans-                                    of value of railroad rights-of-way for assessment pur-
ferred or annexed territories, including costs incidental                                     poses is hereby fixed at $4,000 per mile without refer-
thereto in preparing for such election and in informing                                       ence to number of tracks , or other facilities thereon , and
the electors of the issues therein , is a proper expendi-                                     the governing board of the district shall furnish the prop-
ture of the department, of the respective districts, and                                      erty appraiser of the county in which such rights-of-way
of the district to which such territory is or has been an-                                    is located a description thereof, the number of miles in
nexed or transferred.                                                                         length and the tax rate on value-benefit basis to be ap-
    (5) Each water management district created under                                          plied in assessing district taxes against said rights-of-
this chapter which does not receive state shared reve-                                        way.
                                                                                                History.-s. 22, ch. 25209, 1949; s. 25, ch. 73-190; s. 1, ch . 77-102.
nues under part II of chapter 218 shall , before January                                        Note.- Former s. 378.22.
1 of each year, certify compliance or noncompliance
with s. 200.065 to the Department of Banking and Fi-                                             373.536 District budget and hearing thereon.-
nance. Specific grounds for noncompliance shall be                                               (1) The fiscal year of districts created under the pro-
stated in the certification. In its annual report required                                    visions of this chapter shall extend from October 1 of
by s. 218.32(2), the Department of Banking and Finance                                        one year through September 30 of the following year.
shall report to the Governor and the Legislature those                                        The budget officer of the district shall , on or before July
water management districts certifying noncompliance                                           15 of each year, submit for consideration by the govern-
or not reporting .                                                                            ing board of the district a tentative budget for the district
   History.-s. 1, part V, ch. 72-299; s. 24, ch. 73-190; s. 12, ch. 76-243; s. 6, ch.
80-259; s. 41 , ch. 80-274; s. 2, ch. 85-146; ss. 1, 2, ch. 85-211 .                          covering its proposed operation and requirements for
  1 Note.-
                                                                                              the ensuing fiscal year. The tentative budget shall be
    A. Section 5, ch. 85-146, provides that s. 2 of that act "shall apply to assessment
rolls and taxes levied thereon for 1985 and each year thereafter."                            adopted in accordance with the provisions of s. 200.065;
    B. Section 2, ch . 85-211 , provides that "[t)he provisions of this act relating to the   however, if the mailing of the notice of proposed proper-
.225 millage assessment and the distribution of that millage assessment between
the district and the basins for the St. Johns River Water Management District are             ty taxes is delayed beyond August 29 in any county in
repealed on October t , t990, and shall be reviewed by the Legislature pursuant to            which the district lies, the district shall advertise its in-
s. 11 .61 , Florida Statutes. Additionally, the provisions relating to such .225 millage
assessment and distribution shall apply to the tax rolls for 1985 and each subse-             tention to adopt a tentative budget and millage rate, pur-
quent year."                                                                                  suant to s. 200.065(3)(g), in a newspaper of general paid
   Note.-Chapter 76-243, which enacted paragraph (2)(b), was passed by the req-
uisite three-fifths vote in each house. Sees. 11(a)(21), Art. Ill , State Constitution .      circulation in that county . The budget shall set forth ,
                                                                                              classified by object and purpose, and by fund if so des-
   373.506 Costs of district.-lf it should appear nec-                                        ignated, the proposed expenditures of the district for
essary to procure funds with which to pay the expenses                                        bonds or other debt, for construction, for acquisition of
of a district, or to meet emergencies, before a sufficient                                    land, for operation and maintenance of the district
sum can be obtained from the collection of the tax, the                                       works, for the conduct of the affairs of the district gener-
board may borrow a sufficient amount of money to pay                                          ally, and for other purposes, to which may be added an
expenses and to meet emergencies and may issue inter-                                         amount to be held as a reserve .
                                                                                          503
Ch.373                                                                   WATER RESOURCES                                                                            F.S. 1985

   (2) The budget shall also show the estimated                                             to district tax forfeited land shall vest in the county on
amount which will appear at the beginning of the fiscal                                     behalf of said district along with that of the county for
year as obligated upon commitments made but uncom-                                          county tax forfeited land, said district tax forfeited land
pleted . There shall be shown the estimated unobligated                                     to be held, sold , or otherwise disposed of by said county
or net balance which will be on hand at the beginning                                       for the benefit of said district. The proceeds therefrom,
of the fiscal year, and the estimated amount to be raised                                   after deducting costs , shall be paid to the district in
by district taxes and from other sources for meeting the                                    amounts proportionate to the respective tax liens there-
requirements of the district.                                                               on .
   (3) As provided in s. 200.065(2)(d), the board shall                                        (3) The district tax liens shall be of equal dignity with
publish one or more notices of its intention to finally                                     those of the county.
adopt a budget for the district for the ensuing fiscal year.                                   (4) The tax officers of the county are hereby author-
The notice shall appear adjacent to an advertisement                                        ized and directed to perform the duties devolving upon
which shall set forth the tentative budget in full. The no-                                 them under this chapter, and to receive compensation
tice and advertisement shall be published in one or more                                    therefor at such rates or charges as are provided by law
newspapers having a combined general circulation in                                         with respect to similar services or charges in other
the counties having land in the district.                                                   cases .
   (4) The hearing to finally adopt a budget and millage                                      Hlatory.-s. 29, ch. 25209, 1949; s. 25, ch. 73·190; s. 1, ch. 77-102.
                                                                                              Note.-Former s. 378.29.
rate shall be by and before the governing board of the
district as provided in s. 200.065 and may be continued                                        373.543 Land held by Board of Trustees of the In-
from day to day until terminated by the board. The final                                    ternal Improvement Trust Fund; areas not taxed.-
budget for the district will thereupon be the operating                                        (1) Land comprising part of the principal of the State
and fiscal guide for the district for the ensuing year; how-                                School Trust Fund declared by the constitution to be
ever, transfers of funds may be made within the budget                                      "sacred and inviolate," or other real estate, title to which
by action of the governing board at a public meeting of                                     is in the State Board of Education, shall not be subject
the governing board. Should the district receive unantic-                                   to the district tax nor shall there be liability therefor upon
ipated funds after the adoption of the final budget, the                                    any state agency.
final budget may be amended by including such funds,                                           (2) There shall be excluded from district taxes all
so long as notice of intention to amend is published one                                    bodies of navigable water and unreclaimed water areas
time in one or more newspapers qualified to accept legal                                    meandered by the public surveys , all rights-of-way of
advertisements having a combined general circulation                                        said district, all areas devoted or dedicated to the use
in the counties in the district. The notice shall set forth                                 of and for the works of the district, rights-of-way of state
the proposed amendment and shall be published at                                            and county highways, and streets within the limits of in-
least 10 days prior to the public meeting of the board at                                   corporated towns, and property owned by a public
which the proposed amendment is to be considered .                                          agency open to the use of the public or for the public
However, in the event of a disaster or of an emergency                                      benefit not leased to or operated by a private agency.
arising to prevent or avert the same , the governing                                          Hlltory.-s. 30, ch. 25209, 1949: s. 2, ch. 61-119: ss. 27 , 35, ch. 69-106: s. 25, ch.
                                                                                            73-190: s. 1, ch. 77·102: s. 231 , ch. 81 ·259.
board shall not be limited by the budget but shall have                                       Note.-Former s. 378.30.
authority to apply such funds as may be available there-
for or as may be procured for such purpose.                                                    373.546 Unit areas.-The governing board may, in
  History.- s. 28, ch. 25209, 1949: s. 3, ch. 29790, 1955: s. 4, 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: s. 230,   its discretion, adopt and effectuate unit areas embrac-
ch. 81 -259: s. 3, ch. 84-164.                                                              ing separate or combined drainage basins, or parts
  Note.-Former s. 378.28.
                                                                                            thereof, or areas of related lands and works, for conve-
   373.539 Imposition of taxes.-                                                            nience or economy in constructing, maintaining and op-
   (1) Each year the governing board of the district                                        erating the works of the district, and for the purpose of
shall certify to the property appraiser of the county in                                    imposing taxes within each area to meet these require-
which the property is situate, timely for the preparation                                   ments of the said area.
                                                                                              Hlatory.-s. 31 , ch. 25209, 1949: s. 25, ch. 73-190.
of the tax roll, the tax rate to be applied in determining                                    Note.-Former s. 378.31 .
the amount of the district's annual tax, and the property
appraiser shall extend on his county tax roll the amount                                       373.553 Treasurer of the board; depositories.-
of such tax, determined at the rate certified to him by the                                    (1) The governing board shall designate a treasurer
governing board, and shall certify the same to the tax                                      who shall be custodian of all funds belonging to the
collector at the same time and in like manner as for coun-                                  board and to the district, and such funds shall be dis-
ty taxes .                                                                                  bursed upon the order of, or in the manner prescribed
   (2) Collection of district taxes, the issuance of tax                                    by, the governing board by warrant or check signed by
sale certificates for nonpayment thereof, the redemption                                    the treasurer or assistant treasurer and countersigned
or sale of said certificates, the vesting of title by tax for-                              by the chairman or vice chairman of the board. The
feiture, and the sale of the land and other real estate so                                  board is authorized to establish procedures for dis-
forfeited shall be at the same time, in conjunction with,                                   bursement of funds in such amounts and in such man-
and by like procedure and of like effect as is provided                                     ner as the board may prescribe, except that disburse-
by law with respect to county taxes , nor may either the                                    ment of funds prior to specific board approval may only
county or the district taxes be paid or redemption effect-                                  be authorized upon certification by its chief executive of-
ed without the payment or redemption of both. The title                                     ficer or his designated assistant to the treasurer or assis-
                                                                                        504
F.S. 1985                                                                  WATER RESOURCES                                                       Ch.373

tant treasurer and to the chairman or vice chairman of                                         empowered to borrow money on permanent loans and
the board that such disbursement is proper and in order                                        incur obligations from time to time on such terms and at
and is within budgetary limits. Any such disbursements                                         such rates of interest as it may deem proper, not ex-
shall be reported to the board at its next regular meet-                                       ceeding 7.5 percent per annum , for the purpose of rais-
ing.                                                                                           ing funds to prosecute to final completion the works and
   (2) The board is authorized to select as depositories                                       all expenses necessary or needful to be incurred in car-
in which the funds of the board and of the district shall                                      rying out the purposes of this chapter; and the better to
be deposited in any qualified public depository as de-                                         enable the said board to borrow the money to carry out
fined in s. 280.02, and such deposits shall be secured                                         the purposes aforesaid, the board is hereby authorized
in the manner provided in chapter 280.                                                         and empowered to issue in the corporate name of said
   History.-s. 33, ch. 25209, 1949; s. 3, ch . 63-224; s. 25, ch. 73-190; s. 1, ch. 73-213;    board, negotiable coupon bonds of said district.
s. 115, ch. 77-104; s. 13, ch. 82-101 .
   Note.-Former s. 378.33.                                                                         (2) The bonds to be issued by authority of this chap-
                                                                                               ter shall be in such form as shall be prescribed by the
   373.556 Investment of funds.- The governing                                                 said board , shall recite that they are issued under the
board of the district may, in its discretion, invest funds                                     authority of this chapter, and shall pledge the faith and
of the district in the following manner:                                                       credit of the governing board of the district for the
   (1) That portion of the funds of the district which the                                     prompt payment of the interest and principal thereof.
board anticipates will be needed for emergencies may                                              (3) Said bonds shall have all the qualities of negotia-
be invested in bonds or other obligations, either bearing                                      ble paper under the Law Merchant, and shall not be in-
interest or sold on a discount basis, of the United States,                                   valid for any irregularity, or defect in the proceedings for
or the United States Treasury, or those for the payment                                        the issue and sale thereof except forgery; and shall be
of the principal and interest of which the faith and credit                                    incontestable in the hands of bona fide purchasers or
of the United States is pledged.                                                               holders thereof for value. The provisions of this chapter
   (2) All other funds of the district may be invested in                                      shall constitute an irrevocable contract between said
securities named in subsection (1) hereof, or in bonds                                         board and the district and the holders of any bonds and
or other interest-bearing obligations of any incorporated                                     the coupons thereof, issued pursuant to the provisions
county, city, town, school district or road and bridge dis-                                    hereof. Any holder of any of said bonds or coupons may
trict located in the state, for which the full faith and credit                               either at law or in equity by suit, action or mandamus en-
of such political subdivision has been pledged; provid-                                       force and compel the performance of the duties required
ed, such political subdivision or its successor, through                                      by this chapter of any of the officers or persons men-
merger, consolidation or otherwise, has not within 5                                          tioned in this chapter in relation to the said bonds, or to
years previous to the making of such investment, de-                                          the collection, enforcement and application of the taxes
faulted for more than 6 months in the payment of any                                          for the payment thereof.
part of the principal or interest of its bonded indebted-                                         (4) The amount of bonds to be issued in any one
ness; and, provided, the securities purchased under the                                       year, when added to the amount then outstanding, shall
provisions of this subsection shall have a maturity date                                      be not greater than can be supported for that year in ac-
on or before the anticipated date of need for the funds                                       cordance with the bond schedule out of 90 percent of
represented thereby.                                                                          the taxes imposed, or to be imposed, for that year, plus
  Hlstory.-s. 4, ch. 29790, 1955; s. 25, ch. 73-190.                                          other moneys in the hands of the district usable for bond
  Note.-Former s. 378.331 .
                                                                                              purposes after deducting therefrom amounts estimated
                                                                                              to be required for maintenance and operation of the
   373.559 May borrow money temporarily.-ln order
                                                                                              works of the district, cost of administration , and
to provide for the works described by this chapter, the
                                                                                              amounts for such other purposes as the governing
governing board is hereby authorized and empowered
                                                                                              board may determine, nor shall the governing board levy
to borrow money temporarily, from time to time, for ape-                                      in any year taxes insufficient to support said bonds for
riod not to exceed 1 year at any one time, not including                                      such year on the basis herein described.
renewals thereof, and to issue its promissory notes                                               (5) All bonds and coupons not paid at maturity shall
therefor upon such terms and at such rates of interest                                        bear interest at a rate not to exceed 7.5 percent per an-
as the said board may deem advisable, payable from the                                        num from maturity until paid , or until sufficient funds
taxes herein levied and imposed, and the increment                                            have been deposited at the place of payment.
thereof. Any of such notes may be used in payment of                                              (6) The bonds to be issued by authority of this chap-
amounts due, or to become due, upon contracts made                                            ter shall be in denominations of not less than $100, bear-
or to be made by said board for carrying on the work au-                                      ing interest from date at a rate not to exceed 5 percent
thorized and provided for herein, and the said board                                          per annum, payable semiannually, to mature at annual
may, to secure the payment of any of such notes, hy-                                          intervals within 40 years commencing after a period of
pothecate bonds herein authorized to be issued, and                                           not later than 10 years, to be determined by said board,
may thereafter redeem such hypothecated bonds. Any                                            both principal and interest payable at some convenient
of the notes so issued may be paid out of the proceeds                                        place designated by said board to be named in said
of bonds authorized to be issued by this chapter.                                             bonds, which said bonds shall be signed by the chair-
 Hlstory.-s. 34, ch. 25209, 1949; s. 25, ch. 73-190.
 Note.-Former s. 378.34.                                                                      man of the board, attested with the seal of said district
                                                                                              and by the signature of the secretary of said board. In
  373.563 Bonds.-                                                                             case any of the officers whose signatures , countersigna-
  (1)     The governing board is hereby authorized and                                        tures and certificates appear upon the said bonds and
                                                                                         505
Ch. 373                                                              WATER RESOURCES                                                             F.S. 1985

coupons shall cease to be such officer before the deliv-                               rates as the board may deem necessary to meet the
ery of such bonds to the purchaser, such signature or                                  payments for the works and improvements in the dis-
countersignature and certificate shall nevertheless be                                 trict. Said bonds shall not be sold for less than 95 cents
valid and sufficient for all purposes the same as if they                              on the dollar, with accrued interest.
had remained in office until the delivery of the bonds.                                  Hlatory.-s. 39, ch. 25209, 1949; s. 25, ch. 73-190.
                                                                                         Note.-Former s. 378.39.
    (7) Interest coupons shall be attached to the said
bonds and the said coupons shall be consecutively                                         373.579 Proceeds from taxes for bond purposes.-
numbered, specifying the number of the bond to which                                   lt shall be the duty of the treasurer as custodian of the
they are attached, and shall be attested by the litho-                                 funds belonging to the said board and to the district, out
graphed or engraved facsimile signature of the chair-                                  of the proceeds of the taxes levied and imposed by this
man and secretary of said board.                                                       chapter and out of any other moneys in his possession
   (8) In the discretion of said board , it may be provided                            belonging to the district, which moneys so far as neces-
that at any time, after such date as shall be fixed by the                             sary shall be set apart and appropriated for the purpose,
said board, said bonds may be redeemed before maturi-                                  to apply said moneys and to pay the interest upon the
ty at the option of said board, or its successors in office.                           said bonds as the same shall fall due and at the maturity
If any bond so issued subject to redemption before ma-                                 of the said bonds to pay the principal thereof.
turity shall not be presented when called for redemption,                                Hlatory.-s. 40, ch. 25209, 1949; s. 25, ch. 73-1 90.
it shall cease to bear interest from and after the date so                               Note.-Former s. 378.40.

fixed for redemption.
  Hiatory.-s. 35, ch. 25209, 1949; s. 1, ch. 61 -147; s. 25, ch . 73-190; s. 33, ch.      373.583 Registration of bonds.-
73-302; s. 1, ch. 77-174; s. 147, ch. 79-400.                                             (1) Whenever the owner of any coupon bond issued
  Note.-Former s. 378.35.
                                                                                       pursuant to the provisions of this chapter shall present
   373.566 Refunding bonds.-The governing board                                        such bond and all unpaid coupons thereof to the trea-
shall have authority to issue refunding bonds to take up                               surer of the district with request for the conversion of
any outstanding bonds of said district falling due and                                 such bond into a registered bond, such treasurer shall
becoming payable, when, in the judgment of said board,                                 cut off and cancel the coupons of any such coupon
it shall be for the best interests of said district so to do.                          bond so presented, and shall stamp, print or write upon
The said board is hereby authorized and empowered to                                   such coupon bond so presented either upon the back
issue refunding bonds to take up and refund all bonds                                  or the face thereof as may be convenient, a statement
of said district outstanding that are subject to call and                              to the effect that said bond is registered in the name of
termination, and all bonds of said district that are not                               the owner and that thereafter the interest and principal
subject to call or redemption , where the surrender of                                 of said bond are payable to the registered owner. There-
said bonds can be procured from the holder thereof at                                  after and from time to time any such bond may be trans-
prices satisfactory to the board. Such refunding bonds                                 ferred by such registered owner in person or by attorney
may be issued at any time when in the judgment of said                                 duly authorized on presentation of such bond to the
board it will be to the interest of the district financially                           treasurer, and the bond again registered as before, a
or economically by securing a lower rate of interest on                                similar statement being stamped or written thereon .
said bonds or by extending the time of maturity of said                                   (2) Such statement stamped, printed or written
bonds, or for any other reason in the judgment of said                                 upon any such bond may be in substantially the follow-
board advantageous to said district.                                                   ing form :
  Hiatory.-s. 36, ch. 25209, 1949; s. 25, ch. 73-190.
  Note.-Former s. 378.36.                                                                                   (Date, giving month, year and day.)
                                                                                          This bond is to be registered pursuant to the statutes
   373.569 Bond election.-When required by the                                         in such case made and provided in the name of (here
State Constitution , the governing board shall call an                                 insert name of owner) , and the interest and principal
election of the freeholders in said district, in which said                            thereof are hereafter payable to such owner.
election the matter of whether or not said bonds shall be                                                                                        ITreasurerl
issued shall be decided as provided by law with respect                                   (3) If any bond shall have been registered as afore-
to bond elections.                                                                     said, the principal and interest of said bond shall be pay-
  Hlatory.-s. 37, ch. 25209, 1949; s. 25, ch. 73-190.
  Note.-Former s. 378.37 .                                                             able to the registered owner. The treasurer shall enter
                                                                                       in the register of said bonds to be kept by him, or in a
   373.573 Bonds to be validated.-Whenever the                                         separate book, the fact of the registration of such
governing board shall have authorized the issuance of                                  bonds , and in whose names respectively, so that said
bonds under the provisions of this chapter, the said                                   register or book shall at all times show what bonds are
board may, if it shall so elect, have said bonds validated                             registered and the name of the registered owner there-
in the manner provided by chapter 75, and to that end                                  of.
                                                                                         Hlatory.-s. 41 , ch . 25209, 1949; s. 25, ch. 73-190.
the said board may adopt a suitable resolution for the                                   Note.-Former s. 378.41 .
issuance of said bonds.
  History.-s. 38, ch . 25209, 1949; s. 25, ch. 73-190.
  Note.-Former s. 378.38.                                                                 373.584 Revenue bonds.-
                                                                                          (1) In addition to issuing general obligation bonds as
  373.576 Sale of bonds.-AII of said bonds shall be                                    provided in s. 373.563, districts may also, from time to
executed and delivered to the treasurer of said district,                              time, issue revenue bonds to pay the costs and ex-
who shall sell the same in such quantities and at such                                 penses incurred in carrying out the purposes of this
                                                                                   506
F.S. 1985                                                          WATER RESOURCES                                                                        Ch.373

chapter or to refund revenue bonds of the district issued                        al , to make. Copy of such audit shall be furnished the
pursuant to this section. In anticipation of the sale of                         Governor and the governing board of the district, and a
such revenue bonds, the district may issue negotiable                            copy shall be filed with the clerks of the circuit courts of
bond anticipation notes and may renew the same from                              each county within or partly within said district. The ex-
time to time; but the maximum maturity of any such                               pense of said audit shall be paid by the district upon a
note, including renewals thereof, shall not exceed 5                             statement thereof rendered to the district by the Auditor
years from the date of issue of the original note. Such                          General. Payment of the amount thereof shall be made
notes shall be paid from the revenues hereinafter provid-                        to the State Department of Banking and Finance to be
ed or from the proceeds of sale of the revenue bonds of                          entered in and to reimburse the account of the Auditor
such district in anticipation of which they were issued .                        General so as not to reduce the legislative appropriation
The notes shall be issued in the same manner as the rev-                         for said Auditor General.
enue bonds.                                                                        History.-s. 43, ch. 25209, 1949; s. 8, ch. 69-82; ss. 12, 35, ch. 69·106; s. 25, ch.
                                                                                 73-190.
   (2) The revenue bonds and notes shall be payable                                Note.- Former s. 378.43.
solely out of revenues derived by the district from the
Water Management Lands Trust Fund as provided in s.                              373.59 Water Management Lands Trust Fund.-
373.59. Revenue bonds and notes shall be, and shall be                           (1) There is established within the Department of
deemed to be, for all purposes, negotiable instruments,                      Environmental Regulation the Water Management
subject only to the provisions of the revenue bonds and                      Lands Trust Fund, to be used as a nonlapsing fund for
notes for registration .                                                     the purposes of this section. The moneys in this fund are
   (3) The revenue bonds may be issued as serial                             hereby continually appropriated for the purpose of ac-
bonds or as term bonds; or the district, in its discretion,                  quiring land in accordance with the provisions of this
may issue bonds of both types . The revenue bonds shall                      section.
be authorized by resolution of the governing board and                           (2) Subsequent to public hearings, similar to those
shall bear such date or dates; mature at such time or                        held pursuant to s. 120.54 , each district shall file a 5-year
times, not exceeding 40 years from their respective                          plan for acquisition with the Legislature and the Secre-
dates; bear interest at such rate or rates; be payable at                    tary of Environmental Regulation by January 15, 1982.
such time or times; be in such denominations; be in such                     Annually thereafter, each district shall file with the Legis-
form; carry such registration privileges; be executed in                     lature and the secretary a report of acquisition activity
such manner; be payable in lawful money of the United                        together with modifications or additions to its 5-year
States at such place or places; and be subject to such                       plan of acquisition. Expenditure of moneys from the Wa-
terms of redemption, including redemption prior to ma-                       ter Management Lands Trust Fund shall be limited to the
turity, as such resolution or resolutions may provide. If                    costs for acquisition of lands included within the plan as
any officer whose signature, or a facsimile of whose sig-                    filed by each district; however, no such acquisition of
nature, appears on any bonds or coupons ceases to be                         lands shall occur without a public hearing similar to
such officer before the delivery of such bonds, such sig-                    those held pursuant to the provisions set forth in s.
nature or facsimile shall nevertheless be valid and suffi-                   120.54.
cient for all purposes as if he had remained in office until                     (a) Prior to July 15, 1982, the use of moneys from the
the delivery. The revenue bonds or notes may be sold                         fund shall be limited to the following land acquisitions:
at public or private sale for such price or prices as the
                                                                                 1. By South Florida Water Management District-
governing board shall determine. Pending preparation
                                                                             lands in the water conservation areas and areas ad-
of the definitive bonds, the district may issue interim re-
                                                                             versely affected by raising water levels of Lake Okee-
ceipts or certificates which shall be exchanged for such
                                                                             chobee in accordance with present regulation sched-
definitive bonds.
 History.-s. 4, ch. 85·347.                                                  ules, and the Savannahs Wetland area in Martin County
                                                                             and St. Lucie County.
  373.586 Unpaid warrants to draw interest.-lf any                               2. By Southwest Florida Water Management District
warrant issued under this chapter is not paid when pres-                     -lands in the Four River Basins areas, including Green
ented to the treasurer of the district because of lack of                    Swamp, Upper Hillsborough and Cypress Creek, An-
funds in the treasury, such fact shall be endorsed on the                    clote Water Storage Lands (Starkey), Withlacoochee
back of such warrant, and such warrant shall draw inter-                     and Hillsborough riverine corridors , and Sawgrass Lake
est thereafter at a rate not exceeding 6 percent per an-                     addition.
num , until such time as there is money on hand to pay                           3. By St. Johns River Water Management District-
the amount of such warrant and the interest then accu-                       Seminole Ranch, Latt Maxey and Evans properties in the
mulated; but no interest shall be allowed on warrants af-                    upper St. Johns River Basin .
ter notice to the holder or holders thereof that sufficient                      4. By Suwannee River Water Management District
funds are in the treasury to pay said endorsed warrants                      -lands in Suwannee River Valley.
and interest.                                                                    5. By Northwest Florida Water Management District
 History.-s. 42, ch. 25209, 1949; s. 25. ch. 73-190; s. 116, ch. 77-104.
 Note.-Former s. 378.42.                                                     -lands in the Choctawhatchee and Apalachicola River
                                                                             Valleys.
  373.589 Audit by Auditor Generai.-At the direction                             (b) After July 15, 1982, the use of moneys from the
of the Governor, audit of the district's accounts may be                     fund shall be used for continued acquisition of lands list-
made from time to time by the Auditor General, and such                      ed in paragraph (a) and as set forth in the 5-year land
audit shall be within the authority of said Auditor Gener-                   acquisition plans of the districts.
                                                                           507
Ch.373                                         WATER RESOURCES                                                                       F.S. 1985

   (3) Moneys from the Water Management Lands                  (e) Ten percent to the Northwest Florida Water Man-
Trust Fund shall be used for acquiring the fee or other      agement District.
interest in lands necessary for water management, wa-
ter supply, and the conservation and protection of water     Notwithstanding the distribution formula specified in
resources, except that such moneys shall not be used         paragraphs (a) through (e), in fiscal year 1985-1986, the
for the acquisition of rights-of-way for canals or pipe-     first proceeds of the Water Management Lands Trust
lines. Lands acquired with moneys from the fund shall        Fund in an amount of $500,000 shall be distributed
be managed and maintained in an environmentally ac-          equally among the five water management districts and
ceptable manner and , to the extent practicable, in such     shall be used by the districts to develop acquisition
a way as to restore and protect their natural state and      plans and management plans for lands acquired with
condition . The secretary of the Department of Environ-      moneys from the Water Management Lands Trust Fund.
mental Regulation shall release moneys from the Water        Moneys that remain in the Water Management Lands
Management Lands Trust Fund to a district following re-      Trust Fund after such distribution shall be available to
ceipt of a resolution adopted by the governing board         the districts according to the formula specified in para-
identifying the lands being acquired and certifying that     graphs (a) through (e) .
such acquisition is consistent with the plan of acquisi-        (8) Moneys in the fund not needed to meet current
tion and other provisions of this act. The governing         obligations incurred under this section shall be trans-
board shall also provide to the Secretary of Environmen-     ferred to the State Board of Administration, to the credit
tal Regulation a copy of all certified appraisals used to    of the fund , to be invested in the manner provided by
determine the value of the land to be purchased. If the      law. Interest received on such investments shall be
purchase price is greater than the appraisal price, the      credited to the fund.
governing board shall submit written justification for the      (9) Lands acquired for the purposes enumerated in
increased price . The Secretary of Environmental Regula-     this section shall also be used for general public recre-
tion may w1thhold moneys for any purchase that is not        ational purposes. General public recreational purposes
consistent with the 5-year plan or the intent of this act    shall include, but not be limited to, fishing, hunting,
or that is in excess of appraised value. The governing       horseback riding , swimming , camping, hiking, canoeing,
board may appeal any denial to the Land and Water Ad-        boating, diving, birding, sailing, jogging, and other relat-
judicatory Commission pursuant to s. 373.114.                ed outdoor activities to the maximum extent possible
   (4) Water management land acquisition costs shall         considering the environmental sensitivity and suitability
include payments to owners and costs and fees associ-        of those lands. These public lands shall be evaluated for
ated with such acquisition.                                  their resource value for the purpose of establishing
   (5) If a district issues revenue bonds or notes under     which parcels , in whole or in part, annually or seasonally,
s. 373.584, the district may pledge its share of the mon-    would be conducive to general public recreational pur-
eys in the Water Management Lands Trust Fund as se-          poses. These lands shall be made available to the public
curity for such bonds or notes. The Department of Envi-      for these purposes, unless the district governing board
ronmental Regulation shall pay moneys from the trust         can demonstrate that such activities would be incom-
fund to a district or its designee sufficient to pay the     patible with the purposes for which these lands were ac-
debt service, as it becomes due, on the outstanding          quired.
bonds and notes of the district; however, such pay-              (10) A district may dispose of land acquired under
ments shall not exceed the district's cumulative portion     this section, pursuant to s. 373.089. However, revenue
of the trust fund . However, any moneys remaining after      derived from such disposal may not be used for any pur-
payment of the amount due on the debt service shall be       pose except the purchase of other lands meeting the
released to the district pursuant to subsection (3) .        criteria specified in this section or payment of debt ser-
   (6) Any unused portion of a district's share of the       vice on revenue bonds or notes issued under s. 373.584,
fund shall accumulate in the trust fund to the credit of     as provided in this section.
that district. Interest earned on such portion shall also        (11) No moneys generated pursuant to this act may
accumulate to the credit of that district to be used for     be applied or expended subsequent to July 1, 1985, to
land acquisition as provided in this section. The total      reimburse any district for prior expenditures for land ac-
moneys over the life of the fund available to any district   quisition from ad valorem taxes or other funds other than
under this section shall not be reduced except by reso-      its share of the funds provided herein or to refund or refi-
lution of the district governing board stating that the      nance outstanding debt payable solely from ad valorem
need for the moneys no longer exists.                        taxes or other funds other than its share of the funds
   (7) Moneys from the Water Management Lands                provided herein.
                                                               Hl•tory.-ss. 3, 5, ch. 81 -33; s. 36, ch. 83·318; s. 5, ch. 85-347.
Trust Fund shall be available to the five water manage-
ment districts in the following percentages:                                                     PART VI
   (a) Thirty percent to the South Florida Water Man-
agement District.                                                             MISCELLANEOUS PROVISIONS
   (b) Twenty-five percent to the Southwest Florida
Water Management District.                                   373.603           Power to enforce.
   (c) Twenty-five percent to the St. Johns River Water      373.604           Awards to employees for meritorious ser-
Management District.                                                             vice.
   (d) Ten percent to the Suwannee River Water Man-          373.605           Group insurance for water management dis-
agement District.                                                                tricts.
                                                         508
F.S. 1985                                                               WATER RESOURCES                                                                                Ch. 373

373.609           Enforcement; city and county officers to as-                              ment district, or any local board , or any of their agents
                     sist.                                                                  in the enforcement of the provisions of this law and the
373.613           Penalties.                                                                rules and regulations adopted thereunder.
373.614           Unlawful damage to district property or                                     Hlstory.-s. 15, ch. 57-380; s. 15, ch. 63-336; ss. 25, 35, ch. 69-106; s. 25, ch.
                                                                                            73-190; s. 117, ch . 77-104; s. 232, ch. 81-259.
                     works ; penalty.                                                         Note.-Former s. 373.211 .
373.616           Liberal construction .
373.6161          Chapter to be liberally construed .                                          373.613 Penalties.-Any person who violates any
373.617           Judicial review relating to permits and li-                               provision of this law or any rule, regulation or order
                     censes.                                                                adopted or issued pursuant thereto is guilty of a misde-
373.619           Recognition of water and sewer-saving de-                                 meanor of the second degree, punishable as provided
                     vices.                                                                 in s. 775.082 or s. 775.083.
                                                                                              Hlatory.-s. 18, ch. 57-380; s. 325, ch. 71 -136; s. 25, ch. 73-190.
                                                                                              Note.-Former s. 373.241 .
   373.603 Power to enforce.- The Department of En-
vironmental Regulation or the governing board of any                                           373.614 Unlawful damage to district property or
water management district and any officer or agent                                          works; penalty.- The governing board of the district
thereof may enforce any provision of this law or any rule                                   shall have the power, and is authorized, to offer and pay
or regulation adopted and promulgated or order issued                                       rewards of up to $1 ,000 to any person furnishing infor-
thereunder to the same extent as any peace officer is
                                                                                            mation leading to the arrest and conviction of any per-
authorized to enforce the law. Any officer or agent of any
                                                                                            son who has committed an unlawful act or acts upon the
such board may appear before any magistrate empow-
                                                                                            rights-of-way, land , or land interests of the district or has
ered to issue warrants in criminal cases and make an af-
                                                                                            destroyed or damaged district properties or works .
fidavit and apply for the issuance of a warrant in the                                        Hlatory.-s. 25, ch . 73-190; s. 1, ch. 73-212.
manner provided by law; and said magistrate, if such af-                                      Note.-Former s. 378.163.
fidavit shall allege the commission of an offense, shall is-
sue a warrant directed to any sheriff or deputy for the                                        373.616 Liberal construction.- The provisions of
arrest of any offender. The provisions of this section                                      this chapter shall be liberally construed in order to effec-
shall apply to the Florida Water Resources Act of 1972                                      tively carry out its purposes.
                                                                                              Hlstory.-s. 4, part VI, ch . 72-299.
in its entirety.
  Hlstory.-s. 14, ch. 57-380; s. 14, ch. 63-336; ss. 25, 35, ch. 69-106; s. 2, part VI,
ch. 72-299; s. 25, ch. 73-190; s. 117, ch. 77-104; s. 51 , ch. 79-65.                         373.6161 Chapter to be liberally construed.- This
  Note.-Former s. 373.201 .
                                                                                            chapter shall be construed liberally for effectuating the
   373.604 Awards to employees for meritorious ser-                                         purposes described herein , and the procedure herein
vice.- The governing board of any water management                                          prescribed shall be followed and applied with such lati-
district may adopt and implement a program of meritori-                                     tude consistent with the intent thereof as shall best
ous service awards for district employees who make                                          meet the requirements or necessities therefor.
                                                                                              Hlatory.-s. 46, ch . 25209; s. 6, ch. 25213, 1949; s. 25, ch . 73-190.
proposals which are implemented and result in reducing                                        Note.-Former s. 378.47.
district expenditures or improving district operations,
who make exceptional contributions to the efficiency of                                      373.617 Judicial review relating to permits and li-
the district, or who make other improvements in the op-                                   censes.-
erations of the district. No award granted under the pro-                                    (1) As used in this section , unless the context other-
visions of this section shall exceed $2,000 or 10 percent                                 wise requires:
of the first year's savings, whichever is less, unless a                                     (a) "Agency" means any official , officer, commission,
larger award is made by the Legislature. Awards shall                                     authority, council , committee, department, division, bu-
be paid by the district from any available funds.                                         reau, board, section, or other unit or entity of state gov-
  Hlatory.-s. 1, ch. 74-287.                                                              ernment.
                                                                                             (b) "Permit" means any permit or license required by
   373.605 Group insurance for water management                                           this chapter.
districts.-                                                                                  (2) Any person substantially affected by a final ac-
   (1) The governing board of any water management                                        tion of any agency with respect to a permit may seek re-
district is hereby authorized and empowered to provide                                    view within 90 days of the rendering of such decision
group insurance for its employees in the same manner                                      and request monetary damages and other relief in the
and with the same provisions and limitations authorized                                   circuit court in the judicial circuit in which the affected
for other public employees by ss. 112.08, 112.09, 112.10,                                 property is located ; however, circuit court review shall
112.11, 112.12 and 112.14.
                                                                                          be confined solely to determining whether final agency
   (2) Any and all insurance agreements in effect as of
                                                                                          action is an unreasonable exercise of the state's police
October 1, 1974, which conform to the provisions of this
                                                                                          power constituting a taking without just compensation.
section are hereby ratified .
  Hlatory.-ss. 1, 2, ch. 74-218.                                                          Review of final agency action for the purpose of deter-
                                                                                          mining whether the action is in accordance with existing
   373.609 Enforcement; city and county officers to                                       statutes or rules and based on competent substantial
assist.-lt shall be the duty of every state and county                                    evidence shall proceed in accordance with chapter 120.
attorney, sheriff, police officer, and other appropriate                                     (3) If the court determines the decision reviewed is
city and county official, upon request, to assist the de-                                 an unreasonable exercise of the state's police power
partment, the governing board of any water manage-                                        constituting a taking without just compensation, the
                                                                                      509
Ch.373                                          WATER RESOURCES                                              F.S. 1985

court shall remand the matter to the agency which shall ,     perform any of the alternatives specified in subsection
within a reasonable time:                                     (3).
   (a) Agree to issue the permit;                               (5) The court shall award reasonable attorney's fees
   (b) Agree to pay appropriate monetary damages;             and court costs to the agency or substantially affected
however, in determining the amount of compensation to         person , whichever prevails.
be paid, consideration shall be given by the court to any       (6) The provisions of this section are cumulative and
enhancement to the value of the land attributable to gov-     shall not be deemed to abrogate any other remedies
ernmental action; or                                          provided by law.
   (c) Agree to modify its decision to avoid an unrea-          Hietory.-ss. 1, 2, 3, 4, 5, 6, ch. 78-85.
sonable exercise of police power.
   (4) The agency shall submit a statement of its               373.619 Recognition of water and sewer-saving
agreed-upon action to the court in the form of a pro-         devices.-The Legislature urges all public-owned or in-
posed order. If the action is a reasonable exercise of po-    vestor-owned water and sewerage systems to reduce
lice power, the court shall enter its final order approving   connection fees and regular service charges for custom-
the proposed order. If the agency fails to submit a pro-      ers who utilize water or sewer-saving devices, including ,
posed order within a reasonable time not to exceed 90         but not limited to, individual graywater disposal sys-
days which specifies an action that is a reasonable exer-     tems .
cise of police power, the court may order the agency to         Hlstory.-s. 2, ch. 82·10.




                                                          510
F.S. 1985                 CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV.                                                                 Ch.374

                                                     CHAPTER 374

                  CANAL AUTHORITY; NAVIGATION DISTRICTS; WATERWAYS DEVELOPMENT

                                 PART I CANAL AUTHORITY (ss. 374.001-374.181)

                              PART II    NAVIGATION DISTRICTS (ss. 374.3001-374.521)

                           PART Ill     WATERWAYS DEVELOPMENT (ss. 374.75-374.9785)



                          PART I                                  (3) This act shall not be construed to abrogate or im-
                                                                pair any contractual agreement entered into by the ca-
                   CANAL AUTHORITY                              nal authority or the Board of Commissioners of the Cross
                                                                Florida Canal Navigation District.
374001      Transfer of canal authority to the Department         Hlstory.-ss. 1, 5. 11 , ch . 79-167; ss. 3, 5, ch. 84-287 .
                                                                  1 Note.-Effective only upon deauthorization of the Cross Florida Barge Canal Proj-
               of Natural Resources.                            ect by the United States Congress, on the effective date of such deauthorization by
374.002     Management plans for retention or disposi-          the United States Congress.
               tion of certain Cross Florida Barge Canal
               lands and for Rodman Dam and Reservoir.             374.002 Management plans for retention or dispo-
374.011     Canal authority, creation; short title.             sition of certain Cross Florida Barge Canal lands and
374.021     Capital.                                            for Rodman Dam and Reservoir.- The canal authority
374.031     Board of directors.                                 is authorized to enter into a contract with the Depart-
374.041     General powers.                                     ment of Natural Resources for the development of the
374.051     Special powers.                                     management plans required by s. 253.783(2)(a) and (b).
                                                                  History.-s. 15, ch. 79-167; s. 5, ch. 84-287 .
374.061     Obligations of indebtedness.
374.071     Eminent domain.
374.081                                                           1374.011 Canal authority, creation; short title.-
            State lands; right of taking.
                                                                There is hereby created a body corporate, with the
374.091     County donations of rights-of-way.
                                                                name "The Canal Authority of the State of Florida," (here-
374.101     Tolls.
                                                                in called the corporation), which shall operate under the
374.111     Revenues, use.
                                                                supervision of the Department of Natural Resources.
374.122     Pilots.
374.132                                                         The principal office and necessary branch offices of the
            Tax exemption.
374.141                                                         corporation shall be established at such places and un-
            Reports.
                                                                der such rules and regulations as the board of directors
374.151     Officers; bonds, per diem, compensation.
                                                                may prescribe. This act may be cited as the "Canal Au-
374.161     Contracts.
                                                                thority Act."
374.171     Transfer to Federal Government.                         Hlstory.-s. 1, ch. 16176, 1933; s. 1, ch. 61 -244; ss. 25, 35, ch. 69-106; s. 12, ch.
374.181     Liberal construction of act.                        79-167; s. 5, ch. 84-287.
                                                                  1 Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau-

                                                                thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
  1374.001 Transfer of canal authority to the Depart-           for the possible effect of laws affecting this section prior to that date.
ment of Natural Resources.-
   ( 1) The Canal Authority of the State of Florida is            1374.021 Capital.- The capital of said corporation
transferred by a type three transfer, as defined in s.          shall consist of the rights, privileges and franchises
20.06(3), to the Department of Natural Resources and            herein and hereby granted to said corporation, which
assigned to the Division of Resource Management. All            rights, privileges and franchises are hereby determined
funds of the canal authority shall be transferred to and        to be of the value of $20 million.
                                                                   Hlstory.-s . 2, ch. 16176, t933; s. 12, ch. 79-167; s. 5, ch. 84-287.
maintained in a trust fund account designated as the              'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau-
Cross Florida Barge Canal Trust Fund administered by            thorization of the Cross Florida Barge Canal Project by the U.S. Congress. except
                                                                for the possible effect of laws affecting this section prior to that date.
the Department of Natural Resources.
   (2) Fee title, easements, and other interests in all           1374.031 Board of directors.- The management of
lands held by the canal authority shall be transferred to       the corporation shall be vested in a board of directors
the Department of Natural Resources and shall vest in           consisting of the Governor and Cabinet. The Executive
the Board of Trustees of the Internal Improvement Trust         Director of the Department of Natural Resources shall
Fund. Such title, easements, and other interests in land        serve as the Executive Director to the Governor and
shall be maintained in the board of trustees pending leg-       Cabinet.
islative direction as to disposition pursuant to s.                History.-s. 3, ch. 16176, 1933; s. 4, ch. 78-323; s. 12, ch. 79-167; ss. 1, 2, ch.
253.783(2)(a) and shall not revert. The trustees shall uti-     81·252; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 5, ch. 84-287 .
                                                                  'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau·
lize such lands or interests in lands pending such dispo-       thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
sition for recreation or water management, or other pur-        for the possible effect of laws affecting this section prior to that date. Repealed effec-
                                                                tive October 1, 1989, by s. 1, ch. 82-46, as amended by s. 2, ch . 83-265, and sched·
poses authorized to be performed by water manage-               uled for review pursuant to s. t 1.611 in advance of that date.
ment districts pursuant to s. 373.139, which uses the
Legislature finds to be necessary and for a public pur-          1374.041 General powers.- The corporation shall
pose. Such lands shall be exempt from taxation.                 have perpetual existence. It shall have the power to
                                                          511
Ch.374                              CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV.                                                                        F.S. 1985

adopt, alter and use a corporate seal; to make contracts;                            across or under said canal, whenever such repair, con-
to lease, buy, acquire, hold and dispose of real and per-                            struction or reconstruction is necessitated by the con-
sonal property of every kind and nature; to sue and be                               struction, maintenance or operation of said canal.
sued; to select, employ and dismiss at pleasure such of-                                (e) To dredge in or about said canal and waterways
ficers, employees, attorneys, consultants and agents as                              and to deepen and widen any existing waterways direct-
shall be necessary or expedient for the transaction of                               ly connected with said canal.
the business of the corporation, to define their authority                              (f) To contract for, to acquire by lease, purchase, or
and duties, and in the discretion of the board of directors                          otherwise and to operate, repair, and maintain, ships,
to require bonds of them and to fix the penalties thereof;                           tugs, lighters, scows, vessels, railroads, dredges, brid-
to fix the compensation of all officers, employees, attor-                           ges, engines, rolling stock, electric powerhouses and
neys, consultants and agents of the corporation; to pre-                             powerlines , stores, warehouses, wharves, piers, basins,
scribe, amend and repeal, by its board of directors, by-                             elevators, buildings and machinery , supplies, equip-
laws, rules and regulations governing the manner in                                  ment, appliances and services of every kind and de-
which its business may be conducted and in which the                                 scription that may be necessary, useful or convenient in
powers granted to it by law may be enjoyed, including                                the construction or operation of said canal.
the selection of a chairman and provision for such com-                                 (g) To exact and collect tolls and to prescribe rules
mittees and the functions thereof as the board of direc-                             for the privilege of passing through or along said canal
tors may deem necessary for facilitating the business of                             or any portion thereof.
the corporation. The board of directors shall determine                                 (h) To do any and all things necessary and incur and
and prescribe the manner in which the corporation's ob-                              pay any and all expenditures necessary, convenient or
ligations shall be incurred and its expenses allowed and                             proper in the acquisition, construction, operation and
paid . The corporation, by and with the consent of any                               control of said canal and its related locks, improvement
board, commission or department of the state, including                              and appurtenances .
any field service thereof, may avail itself of the use of in-                           (2) The corporation is likewise authorized to acquire,
formation, facilities, officers and employees thereof in                             own, construct, operate and maintain such other water-
carrying out the provisions of this act.                                             ways project or projects within the state as may be nec-
   Hlatory.-s. 4, ch. 16176, 1933; s. 12, ch. 79·167; s. 5, ch. 84·287.
  •Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau·   essary or desirable, including, but not limited to, proj-
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except    ects for flood control and water management purposes.
for the possible effect of Jaws affecting this section prior to that date.              Hlatory.-s. 5, ch. 16176, 1933; s. 2, ch. 61·244; s. 12, ch. 79·167; s. 5, ch. 84-287.
                                                                                       •Note.-Repealed by s. 12, ch. 79·167, effective upon the effective date of deau·
                                                                                     thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
 1374.051         Special powers.-                                                   for the possible effect of Jaws affecting this section prior to that date.
   (1) The corporation is hereby granted the right, privi-
lege, franchise, power and authority:                                                  1374.061 Obligations of indebtedness.-Said corpo-
   (a) To acquire, own, construct, operate and maintain                              ration is hereby authorized and empowered to borrow,
a canal across the peninsula of Florida, connecting the                              from time to time , money for the construction and opera-
waters of the Atlantic Ocean with the waters of the Gulf                             tion of said canal and canal system, in such amounts
of Mexico, together with sea and river approaches there-                             and on such terms, as the board of directors may deem
to, and such lateral and connecting branches as may be                               advisable, and for that purpose it may issue bonds or ob-
necessary or desirable; including a branch to link the St.                           ligations of indebtedness in its own name, in such de-
Johns River with the Atlantic Intracoastal Waterway, and                             nominations, and at such rates of interest, and with such
a branch to link the western reaches of such canal with                              maturities, as its board of directors may determine, and
the eastern terminus of the inland portion of the Gulf In-                           in order to secure the payment thereof, said corporation
tracoastal Waterway and the northern terminus of the in-                             is authorized and empowered to mortgage or pledge
land portion of the Gulf Intracoastal Waterway, such ca-                             said canal and canal system , and the tolls, income and
nal shall be constructed along such route, and to be of                              revenues to be derived therefrom. The corporation is fur-
such size, dimensions, specifications, kind or type as                               ther authorized to agree to such other or additional
may be approved by the Department of the Army or oth-                                terms and provisions as may be necessary in order to
er appropriate department or agency of the United                                    finance the construction and operation of said canal.
States.                                                                              Bonds or obligations issued or executed by the corpora-
   (b) To construct and build the necessary cuts, em-                                tion shall be what is commonly termed "revenue bonds"
bankments, basins, reservoirs, locks, including such                                 and shall not constitute or be a debt or general obliga-
locks to connect Canaveral Harbor with the revetments,                               tion of the state. The payment thereof, both as to princi-
levees and Atlantic Intracoastal Waterway and other ap-                              pal and interest, shall be made solely out of the tolls and
purtenances thereto.                                                                 revenues to be derived from the operation of said canal
   (c) To construct said canal across, along or upon                                 and canal system , or from the proceeds of sales or
any stream, waterway, highway, (including state high-                                leases of corporate property, and this fact shall be stat-
ways), railroad or canal, whenever and wherever the                                  ed on the face of the bonds .
route selected for said canal as aforesaid, shall intersect                             Hlatory.-s. 6, ch. 16176, 1933; s. 12, ch . 79·167; s. 5, ch. 84·287.
or touch such stream, waterway, highway, railroad orca-                                •Note.-Repealed by s. 12, ch. 79·167, effective upon the effective date of deau-
                                                                                     thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
nal.                                                                                 for the possible effect of laws affecting this section prior to that date.
   (d) To repair, construct and reconstruct telephone,
telegraph and power transmission lines, water, gas and                                1374.071 Eminent domain.-The said corporation is
pipelines, highway and railroad bridges or tunnels, over,                            hereby authorized and empowered to acquire by con-
                                                                                 512
F.S. 1985                              CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV.                                                                            Ch.374

demnation, rights-of-way of such lengths and widths as                                       end are vested with the power of eminent domain to
may be reasonably necessary for the proper construc-                                         condemn all necessary lands for the purpose of secur-
tion and efficient operation, repair and improvement of                                      ing such rights-of-way, such condemnatiqn proceedings
said canal and canal system, its embankments , locks                                         to be brought, maintained, and prosecuted in the man-
and appurtenances, for spoil areas and borrow pits and                                       ner as prescribed in chapters 125 and 127. Such coun-
for approaches to bridges and tunnels, crossing over or                                      ties are further authorized and empowered to furnish to
under said canal, including the right to condemn such                                        the corporation money, labor, materials, and other prop-
rights-of-way (of the lengths and widths as above set                                        erty, including reconstruction of highways, and bridges ,
forth) over property already devoted to public use for                                       necessitated in and by the construction of the canal sys-
railroad, canal or other public utility purposes, wherever                                   tem . The board of county commissioners of each of such
the route of such canal may cross the same, and said                                         counties is hereby authorized to determine the millage
corporation shall also have the right to acquire by gift,                                    necessary to be levied and to levy a tax on real and per-
purchase or condemnation, land, timber, earth, rock and                                      sonal property to procure the necessary funds for such
other materials or property, and property rights, includ-                                    purposes , which are hereby declared to be county pur-
ing riparian rights, in such amounts as may be reason-                                       poses.
ably necessary or useful in the construction, operation,                                        Hlstory.-s . 9, ch. 16176, 1933; s. 12, ch. 79-167; s. 5, ch. 84-287; s. 270, ch.
                                                                                             84-309.
repair or improvement of said canal and canal system,                                          'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau-
its improvements, locks and appurtenances. Condem-                                           thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
                                                                                             for the possible effect of laws affecting this section prior to that date.
nation proceedings shall be maintained by and in the
name of the corporation and the procedure shall be, ex-                                        1374.101 Tolls.- The said corporation shall fix and
cept insofar as is altered hereby, that now prescribed for                                   shall have exclusive jurisdiction over the rates of tolls
condemnation proceedings by railroad corporations in                                         and rules for the use of said canal, without being subject
this state.                                                                                  to the supervisory control of any other state board or
   Hlstory.-s. 7, ch. 16176, 1933; s. 12, ch. 79-167; s. 5, ch. 84-287.
 1 Note.-Repealed    by s. 12, ch. 79-167, effective upon the effective date of deau-        commission . Tolls may be collected on all vessels or wa-
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except            tercraft that pass or repass through said canal or any
for the possible effect of laws affecting this section prior to that date.
                                                                                             portion thereof which the corporation may cut or con-
  1
    374.081 State lands; right of taking.- This corpora-                                     struct , or through any channel not now navigable, that
tion shall have the right to take, exclusively occupy, use                                   the corporation may have dredged or deepened; and all
and possess, insofar as may be necessary for carrying                                        such vessels and watercraft shall be liable for such tolls
out the provisions of this act, any areas of land owned                                      and shall be subject to a prior lien therefor, and may be
by the state, not in use for state purposes, including                                       detained by the corporation until the same are paid and
swamp and overflowed lands, bottoms of streams,                                              acquitted.
                                                                                                Hlstory.-s. 10, ch. 16176, 1933; s. 12, ch. 79-167; s. 5, ch. 84-287.
lakes, rivers, bays, the sea and arms thereof and other                                        •Note. -Repealed by s. 12, ch. 79-167, effective upon the effective date of deau-
waters of the state, and the riparian rights thereto per-                                    thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
                                                                                             for the possible effect of laws affecting this section prior to that date.
taining ; and when so taken and occupied, due notice of
such taking and occupancy having been filed with the
                                                                                             1374.111 Revenues, use.-AII revenues derived by
Department of State by the corporation, such areas of
                                                                                           the corporation from the operation of said canal shall be
land are hereby granted to and shall be the property of
                                                                                           used exclusively for the payment of the administrative
the corporation. For the purposes of this section, the
                                                                                           expenses of said corporation, the expenses of operation
meaning of the term "use" shall include the removal of
                                                                                           and maintenance of the canal, insurance premiums for
material from and the placing of material on any such
                                                                                           insurance of such kinds and in such amounts as the
land. In case it shall be held by any court of competent
                                                                                           board of directors may deem advisable and including
jurisdiction that there are any lands owned by the state
                                                                                           such amounts as may be necessary, from time to time,
which may not be so granted, then the provisions of this
                                                                                           for deepening and widening the main channel of the said
section shall continue in full force and effect as to all oth-
                                                                                           canal, as the requirements of commerce may demand
er lands owned by the state. The provisions of this sec-
                                                                                           or make advisable , and for the payment of the interest
tion are subject to all laws and regulations of the United
                                                                                           on, and the repayment of the principal of, any moneys
States with respect to navigable waters.
    Hlstory.-s. 8, ch. 16176, 1933; ss. 10, 35, ch. 69-106; s. 12, ch. 79-167; s. 5, ch.   that may be borrowed from time to time by the corpora-
84-287.
  1 Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau-
                                                                                           tion . Any surpluses that may be accumulated from time
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except          to time, over and above the cost of operation , adminis-
for the possible effect of laws affecting this section prior to that date.                 tration and maintenance as above defined, and over and
  1374.091
                                                                                           above principal , interest and sinking fund requirements
              County donations of rights-of-way.- The                                      on loans, and over and above such amounts as the
several counties of the state through which, or adjacent                                   board of directors may set aside for operating capital,
to the boundaries of which , may pass the route for the                                    shall be covered into the State Treasury and used for the
canal or any of its lateral or connecting branches are                                     purpose of reducing taxation.
hereby authorized to donate to the corporation all nec-                                       History.-s. 11, ch. 16176, 1933; s. 12, ch. 79-167; s. 5, ch . 84-287.
essary rights-of-way, or portions thereof, together with                                     'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau·
                                                                                           thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
spoil areas, borrow pits, and other lands necessary or                                     for the possible effect of laws affecting this section prior to that date.
useful in the acquisition , construction , maintenance, and
operation of the canal, including approaches for bridges                                    1374.122 Pilots.- The corporation shall have full
and tunnels crossing over or under the canal, and to that                                  power to employ or appoint and license pilots for piloting
                                                                                       513
Ch.374                                 CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV.                                                                               F.S. 1985

vessels and other craft through any canal authorized                                           •Note.-Repealed by s. t2, ch. 79-t67, effective upon the effective date of deau·
herein. No pilot shall pilot any vessel or other craft, which                                thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
                                                                                             for the possible effect of laws affecting this section prior to that date.
the regulations of the corporation require to be piloted,
through the portions of said canal specified in such reg-                                      1374.161 Contracts.-The corporation shall have the
ulations, unless he at that time holds a license from the                                    power and authority to enter into any and all contracts
corporation . The corporation shall prescribe all rules and                                  necessary or convenient to the exercise of any or all of
regulations governing pilotage in any such canal, includ-                                    the powers herein and hereby granted, including con-
ing the exemption of any craft from the necessity for pi-                                    tracts covering periods of time longer than the terms of
lotage, the wages or fees to be paid to pilots, the qualifi-                                 office of the members of the board of directors making
cation of pilots, the method of handling and speed of                                        such contracts and shall also have the power and au-
vessels in any such canal, and the measurement of ves-                                       thority to contract with the United States or any appro-
sels for pilotage. The corporation shall have the power                                      priate department or agency thereof for the construc-
to revoke at will the license of any pilot licensed by it.                                   tion, operation or control of said canal or any portion
The corporation shall have the right to deny or prevent                                      thereof.
at any time the entrance to or use of any such canal or                                         Hlatory.-s. t6, ch. t6t76, t933; s. t2, ch. 79· t67; s. 5, ch. 84-287.
                                                                                               •Note.-Repealed by s. t2, ch. 79-167, effective upon the effective date of deau-
any part thereof by any craft. The provisions of this sec-                                   thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
tion are subject to all federal laws and regulations of all                                  for the possible effect of laws affecting this section prior to that date.
federal departments having appropriate jurisdiction.
   Hlatory.-s. t2, ch. t6t76, t933; s. t2, ch. 79-t67; s. 5, ch. 84·287.                       1374.171 Transfer to Federal Government.-ln the
  •Note.-Repealed by s. t2, ch. 79-t67, effective upon the effective date of deau·
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except            event that the United States should decide to undertake
for the possible effect of laws affecting this section prior to that date.                   the construction of said canal across Florida, by an
                                                                                             agency or department of the Federal Government, or in
 1374.132 Tax exemption.-AII property of the corpo-                                          the event the United States should at any time desire to
ration shall be exempt from taxation .                                                       take over the ownership or possession of said canal for
   Hlatory.-s. t3, ch. t6t76, t933; s. 34, ch. 69-2t6; s. t2, ch. 79-t67; s. 5, ch.
84·287.                                                                                      the purpose of operating the same free of tolls, the
  •Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau-           board of directors of the corporation is authorized, upon
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
for the possible effect of laws affecting this section prior to that date.                   such terms and in such manner as said board shall
cf.- s. 2t2.08 Sales, rental , storage, use tax; specified exemptions.                       deem proper, to assign, transfer and convey to the Unit-
                                                                                             ed States, or to the appropriate agency thereof, such as-
  1374.141 Reports.-The corporation shall make to                                            sets, franchises and property, or interests therein, of the
the Governor an annual report setting forth in appropri-                                     corporation , including lands, easements, and rights-of-
ate detail the business transacted during the year and                                       way acquired by said corporation hereunder, as may be
the condition of the corporation at the close of the year.                                   necessary or desirable, in said board's judgment, to ac-
Such annual reports shall be accompanied by duly certi-                                      complish such purposes.
fied audits of the accounts of the corporation , made by                                        Hlatory.-s. t7, ch. 16176, t933; s. 3, ch. 6t -244; s. t2, ch. 79-t67; s. 5, ch. 84-287.
                                                                                               •Note.-Repealed by s. t2, ch. 79-t67, effective upon the effective date of deau-
the Auditor General. The corporation shall furnish to the                                    thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
Governor such additional reports and information as he                                       for the possible effect of laws affecting this section prior to that date.
shall from time to time require.
   Hlatory.-s. 14, ch. 16176, 1933; s. 8, ch . 69-82; s. 12, ch. 79-t67; s. 5, ch. 84·287.     1374.181 Liberal construction of act.-lt is intended
  •Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau-
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except            that the provisions of this act shall be liberally construed
for the possible effect of laws affecting this section prior to that date.                   for accomplishing the work authorized and provided for
                                                                                             or intended to be provided for by this act, and where
  1374.151 Officers; bonds, per diem, compensation.                                          strict construction would result in the defeat of the ac-
-The members of the board of directors of the corpora-                                       complishment of any part of the work authorized by this
tion shall each give bond in the sum of $25,000, each                                        act, and a liberal construction would permit or assist in
conditioned upon the faithful performance of the duties                                      the accomplishment thereof, the liberal construction
of the office concerned , said bonds to be furnished by                                      shall be chosen.
reputable bonding companies authorized to do busi-                                              Hlatory.-s. t9, ch. t6t76, 1933; s. t2, ch. 79-t67; s. 5, ch. 84-287.
                                                                                               •Note.-Repealed by s. t2, ch. 79-t67, effective upon the effective date of deau-
ness in this state, to be payable to the Governor of the                                     thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
state and his successors in office, and approved by the                                      for the possible effect of laws affecting this section prior to that date.
Department of Banking and Finance. It shall not be nec-
essary for such bonds to be furnished, however, until the                                                                           PART II
corporation shall have obtained a loan of sufficient mon-
                                                                                                                      NAVIGATION DISTRICTS
eys with which to construct said canal. Each member of
the board shall receive a per diem salary of $12 per day                                     374.3001           Cross Florida Canal Navigation District; dis-
for services rendered to the corporation from time to                                                             position of property and funds .
time, such salary to be paid upon the approval of the                                        374.301            Ship canal navigation districts.
board of directors. Provided, however, that the board                                        374.311            Board of commissioners.
may select one of their members as managing director,                                        374.321            General powers and duties.
who shall receive such additional compensation , com-                                        374.331            Surety bonds.
mensurate with the duties and responsibilities placed                                        374.341            Rules and regulations; committees; quorum.
upon him , as the board of directors may determine.                                          374.351            Compensation and expenses; executive
  Hlatory.-s. t5, ch. t6t76, t933; ss. t2, 35, ch. 69-t06; s. t2, ch. 79-t67; s. 5, ch.
84-287.                                                                                                           secretary-treasurer.
                                                                                         514
F.S. 1985                              CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV.                                                                                  Ch.374

374.361            Issuance of bonds.                                                         for a term of 1 year. The directors shall reside in the
374.371            Promissory notes, issuance, repayment.                                     counties comprising the district with not more than one
374.391            Bonds; procedure for issuance and calling.                                 director to reside in any one county. The directors shall
374.401            Bonds; signatures.                                                         be appointed by the Governor.
                                                                                                  Hlatory.-s. 2, ch. t7023, t935; s. 2, ch. 6t-269; s. t2, ch. 79-t67; s. 2, ch. 83-285;
374.411            Bonds; election for issuance.                                              s. 5, ch. 84-287.
374.421            Bonds; additional elections.                                                 1 Note.-Repealed by s. t2, ch. 79-t67, effective upon the effective date of deau-

                                                                                              thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
374.431            Legality of bond issue; protest.                                           for the possible effect of laws affecting this section prior to that date. Repealed effec-
374.441            Security for bonds.                                                        tive October t , t989, by s. 2, ch. 83-285, and scheduled for review pursuant to s.
374.451                                                                                       t1 .6tt in advance of that date.
                   Bonds; validity and incontestability.
374.461            Bonds; sale.                                                                 1374.321 General powers and duties.-The district
374.471            Sinking fund.
374.481                                                                                       board shall have all the powers of a body corporate, in-
                   Redemption of bonds, investment of sinking
                                                                                              cluding the power to sue and be sued; to make con-
                      fund.
374.491                                                                                       tracts; to adopt and use a common seal and to alter the
                   Deposit of funds.
374.501                                                                                       same as may be deemed expedient; to rent, lease, buy,
                   Levy of taxes.
374.511            Publication of financial statement.                                        own, acquire and dispose of such property, real or per-
374.521            Liberal construction .                                                     sonal, as the board may deem proper to carry out the
                                                                                              provisions of this act; to appoint and employ and dis-
  1374.3001 Cross Florida Canal Navigation District;                                          miss at pleasure such engineers, attorneys, auditors,
disposition of property and funds.-                                                           consultants, and employees as the board may require,
   (1) All property of the Cross Florida Canal Naviga-                                        and to fix and pay the compensation thereof; to estab-
tion District is hereby transferred to the Department of                                      lish an office or offices for the transaction of its business,
Natural Resources. All funds remaining in any account                                         either in Tallahassee, or in some city within the district,
of the district and not legally obligated on the effective                                    and to change the same from time to time; to borrow
date of this section shall be transferred to the Depart-                                      money and, in the manner and subject to the limitations
ment of Natural Resources, such funds to be included                                          herein contained , to execute, issue and deliver promis-
under the management plan repayment provisions pur-                                           sory notes, warrants, bonds or other evidences of in-
suant to s. 253.783(2)(g).                                                                    debtedness; to pay all necessary costs and expenses
   (2) This act shall not be construed to abrogate or im-                                     involved and incurred in the formation and organization
pair any contractual agreement entered into by the ca-                                        of the district, and incident to the administration and op-
nal authority or the Board of Commissioners of the Cross                                      eration thereof, and to pay all other costs and expenses
Florida Canal Navigation District.                                                            reasonably necessary or expedient in carrying out and
    Hlatory.-ss. 8, 9, tt, t4, ch. 79-t67; ss. 4, 5, ch. 84-287; ss. 3, 4, ch. 85-302.        accomplishing the purposes of this act; to do any and
  1 Note.-Effective only upon deauthorization of the Cross Florida Barge Canal Proj-

ect by the United States Congress, on the effective date of such deauthorization by
                                                                                              all other acts and things hereinafter authorized or re-
the United States Congress.                                                                   quired to be done, whether or not included in the general
                                                                                              powers in this section mentioned; and to do any and all
  1374.301 Ship canal navigation districts.-For the                                           things necessary to accomplish the purposes of this act.
purpose of raising funds to be used by the canal authori-                                       Hlatory.-s. 3, ch. t7023, t935; s. t2, ch. 79-t67; s. 2, ch. 83-285; s. 5, ch. 84-287.
                                                                                              1 Note.-Repealed by s. 12, ch. 79-t67, effective upon the effective date of deau-
ty of the state in paying for the cost of securing a right-                                 thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
of-way for a canal across the state, running through or                                     for the possible effect of laws affecting this section prior to that date. Repealed effec-
                                                                                            tive October 1, t989, by s. 2, ch . 83-285, and scheduled for review pursuant to s.
adjacent to the counties hereinafter named, there is                                        11 .6tt in advance of that date.
hereby created and incorporated a special taxing dis-
trict consisting of the Counties of Duval, Clay, Putnam,                                      1374.331 Surety bonds.-Each member of the dis-
Marion, Levy and Citrus. Said district shall be known and                                   trict board, before assuming to act as such, shall be re-
designated as "The Cross Florida Canal Navigation Dis-                                      quired to give a good and sufficient surety bond in the
trict," but shall in this act, for the purposes of brevity and                              sum of $10,000, payable to the Governor of the state,
convenience, be referred to as the "district," or the "navi-                                and his successors in office, conditioned upon the faith-
gation district."                                                                           ful performance of his duties as a member of the district
   Hlatory.-s. t, ch. t7023, t935; s. t, ch. 6t-269; s. t2, ch. 79-t67; s. 5, ch. 84-287.   board and as a member of the board of directors of said
  1Note.-Repealed by s. t2, ch. 79-t67, effective upon the effective date of deau-
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except           authority. Such bonds shall be approved by and filed
for the possible effect of laws affecting this section prior to that date.                  with the Department of Banking and Finance, and the
  1374.311 Board of commissioners.-A governing                                              premium or premiums thereon shall be paid by the dis-
                                                                                            trict board as a necessary expense of the district.
body for said district is created, consisting of five mem-                                     Hlatory.-s. 4, ch. t7023, t935; ss. t2, 35, ch. 69-t06; s. t2, ch. 79-167; s. 2, ch.
bers, which body shall be designated as the "Board of                                       83-285; s. 5, ch. 84-287.
                                                                                              •Note.-Repealed by s. t2, ch. 79-t67, effective upon the effective date of deau-
Commissioners of the Cross Florida Canal Navigation                                         thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
District," but which shall, for purposes of brevity and                                     for the possible effect of laws affecting this section prior to that date. Repealed effec-
                                                                                            tive October 1, 1989, by s. 2, ch. 83-285, and scheduled for review pursuant to s.
convenience, be referred to as the "board," or the "dis-                                    1t .6t1 in advance of that date.
trict board," in this act. Their term of office shall be for
4 years or until their successors shall have been appoint-                                    1374.341 Rules and regulations; committees; quo-
ed and qualified; provided, however, that of the direc-                                     rum.-The district board shall have power to adopt, al-
tors comprising the first governing body, two shall serve                                   ter, or repeal its own bylaws, rules and regulations gov-
for a term of 4 years, one shall serve for a term of 3 years,                               erning the manner in which its business may be trans-
one shall serve for a term of 2 years and one shall serve                                   acted and in which the power granted to it may be en-
                                                                                        515
Ch.374                                  CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV.                                                                                F.S. 1985

joyed, and may provide for the appointment of such                                           and river approaches thereto and such lateral and con-
committees, and the functions thereof, as the board                                          necting branches as may be necessary or desirable, and
may deem necessary or expedient in facilitating its busi-                                    in paying its administrative and operating expenses
ness. Three members of the board (one of whom may                                            while so engaged in the acquisition of said right-of-way,
be the chairman) , shall constitute a quorum for the trans-                                  and paying for any other expenses authorized to be in-
action of business, and a majority vote of all members                                       curred by said authority in and by part I of this chapter.
present shall be necessary in order to authorize any ac-                                     All of the said bonds need not be sold at once, but the
tion by the board . The chairman shall be entitled to vote                                   same shall be sold in such amounts, and at such times
on all questions.                                                                            as to meet the monetary needs of the authority in acquir-
    History.-s. 5, ch. 17023, 1935; s. 12, ch. 79-167; s. 2, ch. 83-265; s. 5, ch. 84-287.
  1 Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau·
                                                                                             ing the said right-of-way, and so that the acquisition
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except            thereof by the authority shall not be delayed or interrupt-
for the possible effect of laws affecting this section prior to that date. Repealed effec·   ed by lack of funds.
tive October 1, 1989, by s. 2, ch. 83·265, and scheduled for review pursuant to s.
11 .611 in advance of that date.                                                                (3) Any of the proceeds of such bonds, or other dis-
                                                                                             trict moneys which may have been turned over to the au-
  1374.351 Compensation and expenses; executive                                              thority as in this act provided, and which shall not be
secretary-treasurer.-Each member of the district                                             needed for the purpose of acquiring said right-of-way or
board shall receive a per diem allowance and traveling                                       in paying the costs and expenses incident thereto, shall,
expenses as provided by s. 112.061 , for each day's ser-                                     after said right-of-way shall have been completely se-
vice, but neither such per diem nor mileage shall be paid                                    cured, be returned and repaid to the district and paid
unless the service performed has been authorized and                                         into the bond sinking fund to be created as hereafter
payment approved by the board. The board may select                                          provided .
one of its members to serve as its executive secretary                                          (4) If any of the bonds authorized to be issued and
and treasurer, or one of its members as executive secre-                                     sold hereunder, have not been sold by the time said
tary and one as treasurer, and in that event he or they                                      right-of-way shall have been completely acquired, and
shall receive such additional compensation , commensu-                                       after all expenses incident to such acquisition have
rate with the duties and responsibilities placed upon him                                    been paid, then such bonds shall not be sold thereafter,
or them as the board may determine. The board may,                                           but the same shall be canceled, and any unused portion
however, in its discretion, appoint a nonmember of the                                       of said bonds at that time still remaining in the hands of
board as such executive secretary and treasurer, or it                                       the district board shall be paid into the said bond sinking
may appoint a member as executive secretary and a                                            fund.
                                                                                                 Hlatory.-s. 7, ch . 17023, 1935; s. 3, ch. 61 ·269; s. 30, ch. 73-302; s. 12, ch . 79-167;
nonmember as treasurer, or vice versa, or it may appoint                                     s. 2, ch. 83-265; s. 5, ch. 84-287.
two nonmembers, one as executive secretary and one                                             1 Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau-
                                                                                             thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
as treasurer. In any of such events, the board shall re-                                     for the possible effect of laws affecting this section prior to that date. Repealed effec-
quire a surety bond of such appointee or appointees in                                       tive October 1, 1989, by s. 2, ch. 83-265, and scheduled for review pursuant to s.
                                                                                             11 .611 in advance of that date.
such amount as the board may fix, which bond , in the
case of the appointment of a member of the board, shall                                        1 374.371   Promissory notes, issuance, repayment.-
be in addition to the bond furnished by him as a board                                       The district board is authorized and empowered, in or-
member.                                                                                      der to provide itself and the canal authority with immedi-
  History.-s. 6, ch. 17023, 1935; s. 1, ch. 63-216; s. 12, ch. 79-167; s. 2, ch. 83-265;
s. 5, ch. 84-287.                                                                            ate funds , to borrow money, for a period or periods not
 1 Note.-Repealed     by s. 12, ch. 79-167, effective upon the effective date of deau-
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
                                                                                             exceeding 1 year, and to issue its promissory notes
for the possible effect of laws affecting this section prior to that date. Repealed effec·   therefor, upon such terms, and at such rate or rates of
tive October 1, 1989, by s. 2, ch . 83·265, and scheduled for review pursuant to s.
11 .611 in advance of that date.
                                                                                             interest, not exceeding 71 percent per annum, as the
                                                                                                                          /2
                                                                                             board may deem advisable; provided , however, that the
  1374.361 Issuance of bonds.-                                                               total amount of money so borrowed on promissory notes
   (1) In order to carry out the purposes of this act, the                                   as aforesaid, shall not exceed the sum of $200,000.
district board is authorized and empowered to issue, in                                      Such notes shall be repaid out of the proceeds of the
the corporate name of the district, negotiable bonds in                                      bond issue hereinafter provided for, unless no bonds are
an amount not exceeding the sum of $2,750,000 bearing                                        issued or approved , in which event the district board
interest at a rate to be fixed by the board, but not in ex-                                  shall make provision in its tax levy for the raising of suffi-
cess of 7.5 percent per annum. Such bonds shall mature                                       cient funds for the repayment of said notes. The moneys
at the time or times and shall be issued in the manner                                       so borrowed on such notes may be used for the purpose
and on the terms and conditions, as hereinafter set forth.                                   of providing the board with sufficient funds with which
   (2) The proceeds of all bonds so issued , over and                                        to administer and operate the district until the proceeds
above the amounts which may be necessary to retire the                                       of the bond issues or tax levies hereinafter provided for
outstanding promissory notes of the district, and over                                       are available, including all expenses necessarily in-
and above the amounts reasonably necessary for the                                           curred in calling and holding the election hereinafter pro-
board to retain in order to cover its administrative and                                     vided for; and the remainder thereof shall be turned over
operating expenses, shall be turned over to the canal                                        to the canal authority, for the same purposes, and in the
authority, to be used by it in paying the costs and ex-                                      same manner and subject to the same terms and condi-
penses of acquiring a right-of-way for a canal across the                                    tions as are herein set forth with reference to the net pro-
state , running through or adjacent to the boundaries of                                     ceeds of the bond issue as above provided.
                                                                                               Hlstory.-s. 8, ch. 17023, 1935; s. 4, ch. 61·269; s. 118, ch. 77-104; s. 12, ch.
the counties comprising the district, together with sea                                      79-167; s. 2, ch. 83-265; s. 5, ch. 84-287.

                                                                                         516
F.S. 1985                                 CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV.                                                                                   Ch.374

  1 Note.-Repealed by s. 12, ch. 79·167, effective upon the effective date of deau·               district, for their approval or disapproval, of the question
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
for the possible effect of laws affecting this section prior to that date. Repealed effec·
                                                                                                  of the issuance of the bonds. Notice of the resolution
live October 1, 1989, by s. 2, ch. 83·265, and scheduled for review pursuant to s.                and election shall be publ ished in each county in the dis-
11 .611 in advance of that date.
                                                                                                  trict once a week for 4 consecutive weeks before the
  1 374.391                                                                                       election is held. The board shall cause to be prepared
              Bonds; procedure for issuance and call-
                                                                                                  a sufficient number of ballots to be used at the election,
ing.- The bonds of the district issued pursuant to the
                                                                                                  which ballots shall be in substantially the following form :
provisions of this act shall be authorized by a resolution
of the board and shall be serial bonds maturing at such                                                               OFFICIAL BALLOT
time or times not exceeding 30 years from their respec-                                                        SPECIAL BONDING ELECTION
tive dates, be in such denominations, be in such form,                                                     The Florida Canal Navigation District
either coupon or fully registered, shall carry such regis-                                          (Place a crossmark (x) before the proposition of your
tration, exchangeability or interchangeability privileges,                                       choice)
be payable in such medium or payment and at such                                                    FOR : Issuing Florida Canal Navigation District Bonds
place or places, and be subject to such terms or re-                                             in an amount not to exceed the sum of $2,750,000 bear-
demption as such resolution or any resolution subse-                                             ing interest at the rate of 7.5 percent per annum , the pro-
quent thereto may provide . The bonds shall be executed                                          ceeds of which bonds, or so much thereof as may be
either by manual or facsimile signature by such officer                                          necessary, to be used in acquiring a right-of-way for a
or officers as the board shall determine, provided that                                          canal across the state of Florida, running through said
such bonds shall bear at least one signature which is                                            district.
manually executed thereon , and the coupons attached                                                AGAINST: Issuing Florida Canal Navigation District
to such bonds, if any, shall bear the facsimile signature                                        Bonds in an amount not to exceed the sum of $2,750,000
or signatures of such officer or officers as shall be desig-                                     bearing interest at the rate of 7.5 percent per annum , the
nated by the board and shall have the seal of the district                                       proceeds of which bonds , or so much thereof as may be
affixed, imprinted, reproduced or lithographed thereon,                                          necessary, to be used in acquiring a right-of-way for a
all as may be prescribed in such resolution or resolu-                                           canal across the state of Florida, running through said
tions. The bonds issued hereunder shall be sold at pub-                                          district.
lic sale at such price or prices as the board shall deter-                                          (2) The election shall be held at the several places
mine to be in the best interest of the district, provided                                        in the district where the last general election was held
that the interest cost to the district of such bonds shall                                       in each of the counties of the district, unless the district
not exceed 7.5 percent per annum.                                                                board shall otherwise direct, and said board shall ap-
    Hlstory.-s. 10, ch. 17023, 1935; s. 6, ch. 61 ·269; s. 31, ch. 73·302; s. 12, ch .
79·1 67; s. 2, ch. 83-265; s. 5, ch. 84-287.
  1 Note.-Repealed by s. 12, ch. 79-1 67, effective upon the effective date of deau-
                                                                                                 point the inspectors and clerks of election for each of the
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
                                                                                                election precincts in said district. Only the freeholders
for the possible effect of laws affecting this section prior to that date. Repealed effec-      who are qualified electors , as herein provided, and resid-
tive October 1, 1989, by s. 2, ch. 83-265, and scheduled for review pursuant to s.
11.611 in advance of that date.                                                                 ing in said district shall be eligible to vote in said elec-
                                                                                                tion . The election shall be conducted and the canvass
  1374.401    Bonds; signatures.-ln case any chairman                                           of the votes certified to and returned , and the returns
or secretary of said board, whose signature, countersig-                                        canvassed substantially in the manner and within the
nature, or certificate appears upon any of the bonds au-                                        time prescribed by general law for holding bond elec-
thorized by this act, or coupons thereon , shall cease to                                       tions, except as herein otherwise provided, and except
be such chairman or secretary, before the delivery of                                           that the returns of the election from each precinct in
such bonds to the purchaser, the signature or counter-                                          each of the counties in said district shall be delivered to
signature, or certificate shall nevertheless be valid and                                       the chairman and secretary of the district board instead
sufficient for all purposes, the same as if such chairman                                       of to the county officers or official to whom the returns
or secretary had continued to be such chairman or sec-                                          are usually made. The board shall hold a meeting as ·
retary until the delivery of the bonds .                                                        soon thereafter as is practicable for the purpose of can-
   Hlstory.-s. 11 , ch. 17023, 1935; s. 12, ch . 79-167; s. 2, ch. 83·265; s. 5, ch . 84-287.
 1 Note.-Repealed
                                                                                                vassing the election returns and certifying the returns .
                      by s. 12, ch . 79-167, effective upon the effective date of deau-
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except               If a majority of the freeholders who are qualified electors
for the possible effect of laws affecting this section prior to that date. Repealed effec·      residing in the district shall have participated in the elec-
live October 1, 1989, by s. 2, ch. 83-265, and scheduled for review pursuant to s.
11 .611 in advance of that date.                                                                tion and a majority of the votes cast in the election are
                                                                                                in favor of the issuance of the bonds, then the district
  1374.411    Bonds; election for issuance.-                                                    board shall be authorized to issue and sell the bonds,
   (1) Before issuing any bonds, the issue shall be pro-                                        in the manner as herein authorized, in the amount speci-
vided for by a resolution of the district board, setting                                        fied in the resolution calling the election , and to use the
forth the amount of bonds proposed to be issued, the                                            proceeds as authorized in this act. If, however, a majori-
denominations and date or dates of maturity thereof, the                                        ty of the freeholders who are qualified electors residing
rate of interest the same are to bear, the time and place                                       in the district shall not have participated in the election,
where the bonds and the interest thereon shall be pay-                                          or if a majority of the freeholders shall have participated
able, and such other terms and conditions as authorized                                         but less than a majority of the votes cast are in favor of
by this act , upon which it is proposed to issue the                                            the issuance of the bonds , then and in either of such
bonds. The resolution shall further call for and fix a date                                     cases, no bonds shall be issued .
                                                                                                   Hlstory.-s. 12, ch. 17023, 1935; s. 7, ch. 61 -269; s. 2, ch. 65-60; s. 108, ch. 71 ·355;
and otherwise provide for the holding of an election for                                        s. 32, ch. 73-302; s. 12, ch. 79·167; s. 2, ch. 83-265; s. 5, ch. 84-287.
submission to the qualified freeholders residing in the                                          'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau·

                                                                                            517
Ch.374                                  CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV.                                                                                F.S. 1985

thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except             provided by general law for the validation of county and
for the possible effect of laws affecting this section prior to that date. Repealed effec-
tive October 1, 1989, by s. 2, ch. 83-265, and scheduled for review pursuant to s.
                                                                                              municipal bonds except that notice of hearing on the pe-
11 .611 in advance of that date.                                                              tition shall be given by publication in one or more news-
                                                                                              papers published in each county in the district, once a
  1374.421 Bonds; additional elections.-ln the event                                          week for 3 consecutive weeks, the first publication to be
the issuance of the bonds is not approved by the first                                        at least 18 days prior to the date fixed for the hearing.
election held under this act, the district board shall be                                        Hlatory.-s. 16, ch. 17023, 1935; s. 12, ch. 79-167; s. 2, ch. 83-265; s. 5, ch. 84-287.
                                                                                                •Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau-
authorized to call another election on the question of the                                    thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
issuance of such bonds, such election to be held not                                          for the possible effect of laws affecting th is section prior to that date. Repealed effec-
                                                                                              tive October 1, 1989, by s. 2, ch. 83-265, and scheduled for review pursuant to s.
sooner than 6 months after the first election, and further                                    11 .611 in advance of that date.
elections may be called and held, but not oftener than
6 months apart.                                                                                 1374.461 Bonds; sale.-The district board, after the
   Hlstory.-s . 13, ch. 17023, 1935; s. 12, ch. 79-167; s. 2, ch. 83-265; s. 5, ch. 84-287.
 1 Note.-Repealed     by s. 12, ch. 79-167, effective upon the effective date of deau-
                                                                                              approval of the issuance of the bonds at the election
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except             hereinabove provided for, shall have the power and au-
for the possible effect of laws affecting this section prior to that date. Repealed effec-
tive October 1, 1989, by s. 2, ch. 83-265, and scheduled for review pursuant to s.
                                                                                              thority to proceed forthwith to sell all of the bonds or por-
11 .611 in advance of that date.                                                              tions thereof from time to time, at public sale, or upon
                                                                                              sealed proposals, to the highest bidder for cash, after
  1374.431 Legality of bond issue; protest.-No pro-                                           due notice thereof shall have been published in a news-
ceedings shall be brought by anyone to contest or ques-                                       paper published in Duval County, once a week for 2 con-
tion the legality or validity of the bond issue after the ex-                                 secutive weeks, provided , however, that the bonds shall
piration of the period of 30 days following the publication                                   not be sold for less than 95 cents on the dollar, plus ac-
of the first notice of the board's resolution authorizing                                     crued interest thereon to the date of delivery. The board
the issuance of the bonds, as provided in s. 37 4.411 .                                       shall have the right to reject any or all bids, and if no sat-
   Hlstory.-s. 14, ch. 17023, 1935; s. 12, ch. 79-167; s. 2, ch. 83-265; s. 5, ch. 84-287.
 1 Note.-Repealed     by s. 12, ch. 79-167, effective upon the effective date of deau-
                                                                                              isfactory bid is received on the day advertised for the
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except             sale thereof, the bonds or any part thereof may be sold
for the possible effect of laws affecting this section prior to that date. Repealed effec-    at private sale at any time within 60 days thereafter, at
tive October 1, 1989, by s. 2, ch. 83-265, and scheduled for review pursuant to s.
11 .611 in advance of that date.                                                              not less than the highest bid received at the advertised
                                                                                              sale, and at not less than the above stated minimum
  1374.441 Security for bonds.-Any and all bonds is-                                          price of 95 cents on the dollar, plus accrued interest to
sued pursuant to the authority contained in this act,                                         date of delivery. The board may, however, sell any or all
when sold , issued and delivered, shall become and be                                         of the bonds at private sale at any time, whether notice
binding, valid and legal obligations of the navigation dis-                                   has been published or not, provided that they are sold
trict, and for the security and payment of the bonds and                                      for not less than par plus accrued interest to date of de-
the interest thereon, the entire taxable property lying                                       livery.
within the district, and the full faith and credit thereof                                        Hlatory.-s. 17, ch. 17023, 1935; s. 12, ch. 79-167; s. 2, ch . 83-265; s. 5, ch. 84-287.
                                                                                                1 Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau-
shall be pledged .                                                                            thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
   Hlstory.-s. 15, ch. 17023, 1935; s. 12, ch. 79-167; s. 2, ch. 83-265; s. 5, ch. 84-287.    for the possible effect of laws affecti ng this section prior to that date. Repealed effec-
  •Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau-            tive October 1, 1989, by s. 2, ch. 83-265, and scheduled for review pursuant to s.
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except             11 .611 in advance of that date.
for the possible effect of laws affecting this section prior to that date. Repealed effec-
tive October 1, 1989, by s. 2, ch. 83-265, and scheduled for review pursuant to s.
11 .611 in advance of that date.                                                                1374.471 Sinking fund.-lt shall be the duty of the
                                                                                              treasurer of the district, as custodian of the funds be-
  1374.451 Bonds; validity and incontestability.-This                                         longing thereto, out of the proceeds of the taxes levied
act, without reference to any other act or statute of the                                     and imposed as provided in this act, and out of any other
Legislature of the state, shall be full authority for the is-                                 moneys in his possession belonging to the district (all of
suance and sale of the bonds herein authorized , which                                        which moneys, so far as may be necessary, are appro-
bonds shall have all the qualities of negotiable paper                                        priated for the purpose), to pay the interest on and prin-
and which shall not be invalid because of any irregularity                                    cipal of the bonds as the same shall fall due. There is
or defect in the proceedings for the issuance and sale                                        hereby created a sinking fund for the payment of the
thereof, and any and all such bonds shall be incontest-                                       principal of all of the bonds, and until all of the bonds is-
able in the hands of bona fide purchasers thereof. All the                                    sued shall have been paid, or until there shall have been
bonds, regardless of time of sale, shall be of equal rank                                     accumulated in said sinking fund sufficient funds to pay
and without priority of one over the other, except as to                                      all of such bonds, the board shall set apart and pay into
the time of maturity as may be fixed in the bonds. No                                         said sinking fund annually, beginning with the year fol-
proceedings in respect to the issuance .of said bonds                                         lowing the year in which the bonds are issued, out of tax-
shall be necessary, except such as are required by this                                       es levied and imposed by this act and other funds of the
act. Provided, however, that the district board may, if it                                    district at least 3.5 percent of the total amount of bonds
deems such action expedient, validate the bonds , in the                                      issued and sold hereunder. The sinking fund for the pay-
same manner as is provided by general law for the vali-                                       ment of the bonds shall not be appropriated to or used
dation of bonds of counties and municipalities. If the vali-                                  for any other purpose.
                                                                                                  Hlatory.-s. 18, ch . 17023, 1935; s. 12,ch. 79-167; s. 2, ch. 83-265; s. 5, ch. 84-287.
dation proceedings are pursued, they may be instituted                                          1 Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau-

by petition filed in the circuit court in and for Duval Coun-                                 thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
                                                                                              for the possible effect of laws affecting this section prior to that date. Repealed effec-
ty, and the proceedings thereon shall be conducted in                                         tive October 1, 1989, by s. 2, ch. 83-265, and scheduled for review pursuant to s.
the same manner and shall have the same effect as is                                          11 .611 in advance of that date.

                                                                                          518
F.S. 1985                               CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV.                                                                                     Ch.374

  1374.481 Redemption of bonds, investment of sink-                                            mined by resolution of the district board; and a certified
ing fund.- The board is hereby authorized and empow-                                           copy of such tax resolution executed in the name of the
ered to invest the moneys belonging to the sinking fund                                        board by its chairman and attested by its secretary un-
in bonds issued under the provisions of this act, or in                                        der its corporate seal , shall be delivered to the board of
bonds issued by the United States. Whenever neces-                                             county commissioners of each and every county in the
sary or expedient in the opinion of the board, the securi-                                     district and to the Department of Revenue immediately
ties in said sinking fund may be sold and the proceeds                                         after the adoption of such resolution . The moneys re-
used in paying maturing bonds of the district or in calling                                    ceived by the district from such levy shall be used by it
the bonds for redemption as hereinabove in s. 374.391                                          as follows:
provided, or for the purpose of being invested in con-                                            (a) To furnish the amount needed by the board for
formity with the provisions hereof. Provided, however,                                         the annual administrative and operating expenses of the
that whenever the total amount of money in the sinking                                         district which amount shall not exceed the amount
fund (computing the bonds held as cash on the basis of                                         which would be raised by a levy of one-tenth mill on the
their then market value , less the cost of sale) , shall ex-                                   dollar on the assessed valuation of the district.
ceed the amount necessary to pay bonds maturing dur-                                              (b) The balance of the amount raised by such annual
ing the next ensuing 12 months, the surplus shall imme-
                                                                                               levy shall be used for the payment of the principal of and
diately be used by the board for the purpose of calling
                                                                                               interest on the outstanding bonds of the district becom-
bonds for redemption in the manner as prescribed in s.
                                                                                               ing due and payable during the ensuing year, and for the
374.391 .
   Hlstory.-s. 19, ch. 17023, 1935; s. 12, ch. 79-167; s. 2, ch . 83-265; s. 5, ch. 84-287 .   establishment of reserves for such purposes . If no
  'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau-             bonds of the district be outstanding, then the proceeds
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
for the possible effect of laws affecting this section prior to that date. Repealed effec·     of said levy, less the amount needed for the annual ad-
tive October 1, 1989, by s. 2, ch . 83-265, and scheduled for review pursuant to s.            ministrative and operating expenses of the district, shall
11 .611 in advance of that date.
                                                                                               be turned over by the district to the canal authority of
  1374.491 Deposit of funds.-AII district funds shall                                          the state to be used by it in acquiring the necessary
be deposited in a bank or banks to be designated by the                                        right-of-way for the Cross Florida Barge Canal, as herein
board, including federal savings and loan associations.                                        provided .
The board shall designate as such depository or deposi-                                           (2) It shall be the duty of each of said boards of
tories the bank or banks that will offer the best induce-                                      county commissioners, each year, to order the property
ment as to the payment of interest on daily balances,                                          appraisers of each of said counties to levy and assess,
but before any district moneys are deposited in the de-                                        and the county tax collector to collect a tax at the rate
pository or depositories, security ample to protect the                                        fixed by the said resolution of the district board upon all
deposits shall be furnished to the district (without ex-                                       of the real and personal property in said counties for said
pense to the district), which security shall be in the form                                    year and said levies and assessments shall be included
either of a surety bond or bonds executed by a surety                                          in the tax roll and warrant of the property appraisers in
company or companies authorized to do business in this                                         each of said counties for such year. The tax collector of
state, or in the form of a deposit, to the credit of the dis-                                  each said county shall collect such taxes so levied by
trict, of bonds of the United States or of the district, or                                    the district board in the same manner and at the same
insurance for the full amount of the deposit through an                                        time as state and county taxes are collected and shall
agency of the United States. Funds of the district shall                                       pay and remit the same upon collection , within the time
be paid out only upon warrant signed by the treasurer                                          and in the manner required by law, to the district board.
of the board and countersigned by the chairman or vice                                            (3) The property appraiser, tax collector, and the
chairman. No warrants shall be drawn or issued disburs-                                        board of county commissioners of each and every coun-
ing any of the funds of the district except for a purpose                                      ty in said district shall, when requested by the district
authorized by this act and only when the account or ex-                                        board , prepare from their official records and deliver to
penditure for which the same is to be given in payment                                         the board any and all information that may be requested
has been ordered or approved by the board.                                                     from time to time from him or them regarding the tax val-
  Hlstory.-s. 20, ch. 17023, 1935; s. 8, ch. 61·269; s. 12, ch. 79-167; s. 2, ch . 83·265;
s. 5, ch. 84-287.                                                                              uations, levies, assessments or collections in such coun-
  'Note.-Repealed by s. 12, ch . 79-167, effective upon the effective date of deau-
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except              ties.
for the possible effect of laws affecting this section prior to that date. Repealed effec-        (4) If any of the lands acquired by the canal authority
tive October 1, 1989, by s. 2, ch. 83-265, and scheduled for review pursuant to s.
11 .611 in advance of that date.                                                               of Florida with funds provided by the Cross Florida Ca-
                                                                                               nal Navigation District under this act become surplus af-
  1374.501 Levy of taxes.-                                                                     ter the rights-of-way needs of the canal authority have
   (1) The navigation district shall have, and it is hereby                                    been met, such land may be sold and the proceeds of
granted, the power to levy, assess, collect and enforce                                        such sale shall be paid to the counties comprising said
taxes upon all taxable real and personal property in the                                       district in direct proportion to the contribution of each
district, subject to the limitations and restrictions herein                                   county to the Cross Florida Navigation District.
contained. The maximum amount of taxation which the                                               Hlstory.-s. 21 , ch. 17023, 1935; s. 9, ch . 61-269; ss. 1, chs. 65-237, 65-405; ss.
                                                                                               21 , 35, ch. 69-106; s. 1, ch . 77-102; s. 12, ch. 79-167; s. 2, ch. 83·265; s. 5, ch. 84-287.
district board shall be authorized to levy in any one year                                       •Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of deau·
shall not exceed six-tenths mill on the dollar on the as-                                      thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
                                                                                               for the possible effect of laws affecting this section prior to that date. Repealed effec·
sessed evaluation of the district. The amount of such                                          tive October 1, 1989, by s. 2, ch . 83-265, and scheduled for review pursuant to s.
levy to be made each year by the district shall be deter-                                      11 .611 in advance of that date.

                                                                                           519
Ch.374                                  CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV.                                                                               F.S. 1985

  1 374.511   Publication of financial statement-At                                               374.75 Creation of districts.-Whenever the state
least once in each year the district board shall publish                                       or federal government or appropriate agency thereof
once in some newspaper published in each of the coun-                                          has authorized a waterways development project within
ties of the district, a complete detailed statement of all                                     the state and has defined and delineated the course or
moneys received and disbursed by the district during                                           boundaries of said project, the Department of Natural
the preceding year. Such statement shall also show the                                         Resources, acting through its Division of Resource Man-
several sources from which such funds were received,                                           agement, shall create and establish a special taxing dis-
and the balance on hand at the time of publishing the                                          trict composed of the county or counties within the state
statement, and shall show the complete financial condi-                                        through which or adjacent to which such project runs.
tion of the district.                                                                          A certified copy of the resolution adopted by the Gover-
   History.-s. 22, ch. 17023, 1935; s. 12, ch. 79-167; s. 2, ch. 83·265; s. 5, ch. 84·287.     nor and Cabinet, as department head, creating andes-
  •Note.-Repealed by s. 12, ch. 79·167, effective upon the effective date of deau·
tho:ization of the Cross Florida Barge Canal Project by the U.S. Congress, except              tablishing said district shall be published in a newspaper
for the possible effect of laws affecting this section prior to that date. Repealed effec·     of general circulation in each county which composes
live October 1, 1989, by s. 2, ch . 83-265, and scheduled for review pursuant to s.
11 .611 in advance of that date.                                                               said district once a week for 4 consecutive weeks com-
                                                                                               mencing within 1 week of the creation of said district.
                                                                                                Hlatory.-s. 1, ch. 61 -121 ; ss. 25, 35, ch. 69-106; s. 52, ch. 79-65.
  1374.521 Liberal construction.-lt is intended that
the provisions of this act shall be liberally construed to
                                                                                                  374.76 Purpose of district.-The district so created
accomplish the purposes provided for, or intended to be
                                                                                               shall be designated with an appropriate identifying
provided for, herein, and where strict construction would
                                                                                               name. The purpose of the district shall be to raise funds
result in the defeat of the accomplishment of any of the                                       to be used by the canal authority of the state under the
acts authorized herein, and a liberal construction would                                       direction and control of the Division of Resource Man-
permit or assist in the accomplishment thereof, the liber-                                     agement in acquiring and paying for rights-of-way for the
al construction shall be chosen .                                                              development of the particular waterways project.
   Hlstory.-s. 23, ch. 17023, 1935; s. 12, ch . 79-167; s. 5, ch. 84-287 .
                                                                                                Hlatory.-s. 2, ch. 61 -121; ss. 25, 35, ch . 69-106; s. 53, ch. 79-65.
  •Note.-Repealed by s. 12, ch . 79-167, effective upon the effective date of deau-
thorization of the Cross Florida Barge Canal Project by the U.S. Congress, except
for the possible effect of laws affecting this section prior to that date.                       374.761 Navigation districts subject to supervision
                                                                                               of division.- Any navigatiorl'\::listrict created pursuant to
                                      PART Ill                                                 the provisions of this chapter, or any navigation district
                                                                                               heretofore or hereafter created by special acts of the
                   WATERWAYS DEVELOPMENT                                                       Legislature, shall act in conjunction with, but at all times
                                                                                               under and subject to the control and supervision of, the
374.75            Creation of districts.
                                                                                               Division of Resource Management.
374.76            Purpose of district.                                                                                                s;h.
                                                                                                Hlatory.-s. 1, ch. 65-502; ss. 25, 35,_ 69-106; s. 233, ch. 81-259.
374.761           Navigation districts subject to supervision of
                     division.                                                                  1 374.77 Governing body.-
374.77            Governing body.                                                               (1) The affairs of the district shall be governed by
374.78            Powers of district directors.                                              five persons who shall be known as directors of the dis-
374.79            Bond of directors.                                                         trict and who shall be the owners of real property and
374.80            Organization of district.                                                  shall reside in the district. Their term of office shall be
374.81            Issuance of bonds.                                                         for 4 years or until their successors shall have been ap-
374.82            Issuance of promissory notes.                                              pointed and qualified; provided, however, that of the di-
374.83            Matching funds.                                                            rectors composing the first governing body, two shall
374.84            Issuance of bonds; procedure .                                             serve for a term of 4 years, one shall serve for a term of
374.85            Election for bond issue.                                                   3 years, one shall serve for a term of 2 years, one shall
374.86            Further elections.                                                         serve for a term of 1 year.
374.87            Validation .                                                                  (2) Unless such district embraces less than five
374.88            Sale of bonds.                                                             counties not more than one director shall be from any
374.89            Sinking fund .                                                             one county. If the district be composed of five counties
374.90            Investment of funds.                                                       or less, each county shall have at least one member of
374.91            Deposit of funds.                                                          the governing body. The directors shall be appointed by
374.92            Levy of taxes .                                                            the Governor.
                                                                                                 Hlatory.-s. 3, ch. 61-121 ; s. 1, ch. 82-46; s. 2, ch. 83-265.
374.93            Budget.                                                                      1 Note.-Repealed effective October 1, 1989, by s. 1, ch. 82-46, as amended by

374.94            Statement.                                                                 s. 2, ch. 83-265, and scheduled for review pursuant to s. 11.611 in advance of that
                                                                                             date.
374.95            Construction.
374.97            Participation in Tennessee-Tombigbee Wa-                                    1 374.78   Powers of district directors.-The district di-
                     terway Development Authority.                                           rectors shall have the following powers :
374.975           Inland navigation districts; legislative intent.                              (1) To sue and be sued.
374.976           Authority to address impacts of waterway                                      (2) To adopt and use a common seal.
                     development projects.                                                      (3) To make and enter into contracts.
374.978           District board; compensation .                                                (4) To buy, sell, rent, lease, own, acquire and dis-
374.9785          Exemption from chapter 85-200, Laws of                                     pose of real and personal property, as the directors may
                     Florida.                                                                deem necessary to carry out the functions of the district.
                                                                                         520
F.S. 1985                               CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV.                                                                                Ch.374

   (5) To employ and dismiss at pleasure all necessary                                          counties comprising the district. That portion of the pro-
personnel including without limitation engineers, attor-                                        ceeds from the sale of said bonds by the district to be
neys, auditors and consultants and to fix their compen-                                         used for right-of-way acquisitions shall be turned over to
sation.                                                                                         the canal authority of the state and said canal authority
   (6) To establish an office for the transaction of its                                        shall be charged with the actual acquisition of the rights-
business in some city in the district and to change the                                         of-way and the payment thereof with the funds available
same from time to time .                                                                        for that purpose.
   (7) To borrow money subject to the conditions and                                             Hlstory.-s. 7, ch. 61 -121; ss. 25, 35, ch. 69-106; s. 56, ch. 79-65.
limitations hereinafter set forth.
   (8) To execute, issue, validate and sell promissory                                             374.82 Issuance of promissory notes.-Any district
notes, warrants, bonds or other evidence of indebted-                                           created pursuant to the provisions of this act shall be
ness.                                                                                           empowered and authorized to borrow money to provide
   (9) To pay all expenses incurred in the formation, or-                                       immediate funds in such amount , for periods of time and
ganization, administration and operation of the district                                        at an interest rate to be fixed by the Division of Resource
and to pay all other expenses reasonably necessary to                                           Management, and the district shall issue its promissory
carry out and accomplish the purposes of this act.                                              notes therefor. Such notes shall be repaid from the pro-
   (1 0) To do all other things and perform all other acts                                      ceeds of the bond issue, unless no such bonds are is-
hereinafter authorized or required to be done whether or                                        sued, validated, or sold, in which event the district shall
not included within the general powers of this section .                                        make provisions in its initial tax levy for the raising of suf-
   (11) To do any and all things necessary to accom-                                            ficient funds to repay said notes. The funds raised by the
plish the purposes of this act.                                                                 borrowing of money pursuant to this section shall be
                                                                                                used for the purpose of paying all expenses incurred in
Provided, however, that all acts of the directors taken                                         the organization of the district or incident to its formation
pursuant to those above enumerated or done pursuant                                             and to provide the district with funds for administration
to other provisions of this act shall be subject to the ap-                                     and operation until the proceeds of the bonds issued by
proval of the Division of Resource Management.                                                  the district are available or until the proceeds of the tax
    History.-s. 4, ch. 61-121; ss. 25, 35, ch. 69-106; s. 54, ch . 79-65; s. 1, ch. 82-46;
s. 2, ch. 83-265.
                                                                                                levies hereinafter provided are available.
  1 Note.-Repealed effective October 1, 1989, by s. 1, ch. 82-46, as amended by                  Hlstory.-s. 8, ch. 61-121 ; ss. 25, 35, ch . 69-106; s. 57, ch. 79·65.
s. 2, ch. 83-265, and scheduled for review pursuant to s. 11.611 in advance of that
date.                                                                                              374.83 Matching funds.- The Division of Resource
  1 374.79
                                                                                                Management is authorized to equally match out of state
            Bond of directors.-Each director of the dis-                                        funds any moneys or funds raised by any special taxing
trict before assuming office shall be required to give a                                        district now in existence or hereafter created as herein
good and sufficient surety bond in the sum of $10,000                                           provided for the purchase or acquisition of rights-of-way
payable to the Governor and his successors in office                                            for any waterway development project authorized by the
conditioned on the faithful performance of his duties.                                          state or federal government or appropriate agency
Such bond shall be approved by the Division of Re-
                                                                                                thereof.
source Management. The premiums on said bonds shall                                              Hlstory.-s . 9, ch. 61-121; ss. 25, 35, ch. 69-106; s. 58, ch. 79-65.
be an expense of the district.
   Hlstory.-s. 5, ch . 61 -121 ; ss. 25, 35, ch. 69·106; s. 55, ch. 79·65; s. 1, ch. 82-46;        374.84 Issuance of bonds; procedure.- The bonds
s. 2, ch. 83-265.
  1Note.-Repealed effective October 1, 1989, by s. 1, ch. 82-46, as amended by                  which the district is authorized to issue pursuant to this
s. 2, ch. 83-265, and scheduled for review pursuant to s. 11.611 in advance of that             act shall be in such denominations, be in such form, ei-
date.
                                                                                                ther coupon or fully registered, carry such registration,
  1 374.80   Organization of district.-The directors shall                                      exchangeability, or interchangeability privilege, be pay-
select one of their members as chairman and they shall                                          able in such medium or payment and at such place or
select a secretary who need not be a director. The direc-                                       places, and be subject to such redemptions as the dis-
tors shall have the power to adopt, alter and amend its                                         trict directors may prescribe and designate by resolu-
bylaws and rules and regulations governing the transac-                                         tion. Said bonds shall be serial bonds maturing at such
tion of its business and accomplishment of its purposes.                                        time or times as set by the Division of Resource Manage-
   History.-s 6, ch. 61 -121 ; s. 1, ch. 82-46; s. 2, ch. 83-265.
 1 Note.-Repealed effective October 1, 1989, by s. 1, ch. 82-46, as amended by
                                                                                                ment. The bonds shall be executed either by manual or
s. 2, ch. 83-265, and scheduled for review pursuant to s. 11 .611 in advance of that            facsimile signature by such officer or officers as the di-
date.                                                                                           rectors may determine, provided such bonds shall bear
                                                                                                at least one signature which is manually executed there-
   374.81 Issuance of bonds.-Any district created                                               on , and coupons attached to such bonds, if any, shall
pursuant to the provisions of this act shall be empow-                                          bear the facsimile signature or signatures of such officer
ered to issue, validate and sell in the district's name ne-                                     or officers so designated by the directors and shall have
gotiable bonds in an amount and for a term determined                                           the seal of the district affixed.
by the Division of Resource Management bearing inter-                                            Hlstory.-s. 10, ch. 61-121; ss. 25, 35, ch. 69-1 06; s. 59, ch. 79-65.
est at a rate not exceeding the limit set by the division,
for the purposes of retiring any outstanding promissory                                           374.85 Election for bond issue.-
notes, paying the administration and operation ex-                                                 (1) Before issuing any of such bonds , such issue
penses of the district and for the cost and expense of                                          shall be provided for by a resolution of the district direc-
acquiring rights-of-way for the waterway development                                            tors, setting forth the amount of bonds proposed to be
project authorized to run through or adjacent to the said                                       issued, the denominations and date or dates of maturity
                                                                                          521
Ch.374                     CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV.                                                            F.S. 1985

thereof, the rate of interest the same are to bear, the         such bonds shall be issued.
time and place where said bonds and the interest there-           Hlatory.-s. 11 , ch . 61-121 ; s. 2, ch. 65-60; s. 108, ch. 71 -355.
on shall be payable, and such other terms and condi-
tions as authorized by this act, upon which it is pro-            374.86 Further elections.-ln the event the issu-
posed to issue said bonds. Said resolution shall further        ance of said bonds is not approved by the first election
call for and fix a date and otherwise provide for the hold-     held, the district directors shall be authorized to call an-
ing of an election for submission to the qualified free-        other election on the question of the issuance of such
holders residing in the district, for their approval or dis-    bonds, such election to be held not sooner than 6
approval , of the question of the issuance of such bonds.       months after such first election, and further elections
Notice of such resolution and election shall be published       may be called and held, but not oftener than 6 months
in each county in said district once a week for 4 consec-       apart.
                                                                  Hlatory.-s. 12, ch . 61 -121 .
utive weeks before such election is held . The district di-
rectors shall cause to be prepared a sufficient number             374.87 Validation.-Any bonds issued by any dis-
of ballots to be used at said election, which ballots shall     trict created pursuant to this act shall be validated in the
be in substantially the following form :                        same manner as is provided by general law for the vali-
                     OFFICIAL BALLOT                            dation of bonds of counties and municipalities. Said vali-
              SPECIAL BONDING ELECTION                          dation proceedings shall be instituted in the circuit court
   (Place a crossmark (x) before the proposition of your        in and for the most populous county within the district
choice)                                                         according to the latest official decennial census.
                                                                  Hlatory.-s. 13, ch. 61 -121 .
   FOR: Issuing District Bonds in an amount not to ex-
ceed the sum of__ , bearing interest at the rate of _ _           374.88 Sale of bonds.-After the approval of the
percent per annum , the proceeds of which bonds , or so         bonds at the elections herein provided for and the vali-
much thereof as may be necessary, to be used in acquir-         dation of the same, the district shall forthwith sell all of
ing a right-of-way running through said district.               said bonds or portions thereof from time to time at a
   AGAINST: Issuing District Bonds in an amount not to          price of not less than 95 percent of face value plus ac-
exceed the sum of __ , bearing interest at the rate of          crued interest. The manner of sale shall be determined
__ percent per annum, the proceeds of which bonds,              by the directors by resolutions subject to approval by
or so much thereof as may be necessary, to be used in           the Division of Resource Management.
acquiring a right-of-way running through said district.           Hlatory.-s . 14, ch. 61-121 ; ss. 25, 35, ch. 69-106; s. 60, ch. 79·65.
   (2) Such election shall be held at the several places
in the district where the last general election was held          374.89 Sinking fund.-The district directors shall
in each of the counties of the district, unless the district    establish and maintain a sinking fund for the payment
directors shall otherwise direct, and said directors shall      of the principal and interest on any bonds issued and
appoint the inspectors and clerks of election for each of       sold by said district. Until all of said bonds have been
the election precincts in said district. Only the freehold-     paid in full or until there is accumulated in the sinking
ers who are qualified electors residing in said district        fund sufficient funds to pay all such bonds, the directors
shall be eligible to vote in said election. Such election       of the district shall deposit and pay into said sinking
shall be conducted and the canvass of the vote certified        fund annually out of taxes levied and collected by the
to and returned, and the returns canvassed substantial-         district at least funds equal to the amount necessary to
ly in the manner and within the time prescribed by gen-         pay the said bonds for 1 year. The sinking fund shall not
eral law for holding bond elections, except as herein oth-      be used or appropriated for any other purposes.
erwise provided, and except that the return of said elec-         Hlatory.-s. 15, ch. 61-121 .
tion from each precinct in each of the counties in said
district shall be delivered to the chairman and secretary         374.90 Investment of funds.-Any excess funds of
of the district instead of to the county officers or official   the district may be invested in securities of the United
to whom such returns are usually made. The directors            States or agency thereof.
                                                                  Hlatory.-s. 16, ch. 61-121.
shall hold a meeting as soon thereafter as is practicable
for the purpose of canvassing said election returns and            374.91 Deposit of funds.-The funds of the district
certifying the returns thereof. If a majority of the free-      shall be deposited in a bank or banks, including federal
holders who are qualified electors residing in said dis-        savings and loan associations, to be designated by the
trict shall have participated in said election and a majori-    directors of the board ; provided , the bank depository
ty of the votes cast in said election are in favor of the is-   shall furnish the district ample security to protect said
suance of said bonds, then the district directors shall be      deposits. Withdrawal of funds from said bank or banks
authorized to issue and sell such bonds, in the manner          shall be in such manner as the directors may, by resolu-
as herein authorized, in the amount specified in the reso-      tion, prescribe.
lution calling the election, and to use the proceeds as           Hlatory.-s. 17, ch. 61-121 .
authorized in this act. If, however, a majority of the free-
holders who are qualified electors residing in said dis-           374.92 Levy of taxes.-Any district created pursu-
trict shall not have participated in said election, or if a     ant to the provisions of this act shall have the power to
majority of such freeholders shall have participated but        levy, assess, collect, and enforce taxes upon all the tax-
less than a majority of the votes cast are in favor of the      able real and personal property in the district, subject to
issuance of said bonds , then and in either such case, no       the following restrictions and limitations:
                                                            522
F.S. 1985                               CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV.                                                                  Ch.374

    (1) The county property appraiser of each county                                           pare an itemized budget for administration and opera-
within the district shall annually, commencing with the                                        tions, payment of principal and interest on bonds and
year in which the district is created, immediately upon                                        any other expenses contemplated for the ensu1ng year
the assessment rolls being equalized, report to the di-                                        and submit the same to the Division of Resource Man-
rectors of the district the assessed valuation of the real                                     agement for its approval.
and personal property in their respective counties and                                           Hletory.-s. 19, ch. 61-121 ; ss. 25, 35, ch. 69-106; s. 61, ch. 79-65.
the Department of Revenue shall annually, commencing
                                                                                                   374.94 Statement.- The district directors shall pub-
with the year in which the district is created, report to
                                                                                               lish annually in a newspaper published in each county
the district directors the assessed valuation of all rail-
                                                                                               of the district a complete and detailed statement of all
road lines and property, telephone and telegraph lines                                         moneys received and disbursed by the district during
and property, and all other taxable property within the
                                                                                               the preceding year.
district over which it has jurisdiction for valuation and as-                                     Hletory.-s. 20, ch. 61-121.
sessment purposes. The total sum of all assessments so
reported shall be the assessed value of taxable property                                          374.95 Construction.-lt is intended that the provi-
of the district for that year.                                                                 sions of this act shall be liberally construed to accom-
    (2) Upon receipt of all such assessments, the dis-                                         plish the purposes provided for, or intended to be pro-
trict directors shall by resolution determine the total                                        vided for, herein, and where strict construction would re-
amount of money to be raised by taxation in such year                                          sult in the defeat of the accomplishment of any of the
and shall also by the same resolution fix and determine                                        acts authorized herein , and a liberal construction would
the rate of taxation necessary when applied to the total                                       permit or assist in the accomplishment thereof, the liber-
assessed value of property in the district which will raise                                    al construction shall be chosen .
the amount of money so determined.                                                               Hlstory.-s. 21, ch. 61·121 .
    (3) The maximum rate of taxation which the district                                           374.97 Participation in Tennessee-Tombigbee Wa-
may levy in any one year shall be the rate which when                                          terway Development Authority.-
applied to the total assessed value of property in the dis-                                       (1) The Governor, on behalf of the State of Florida,
trict for that year will raise not more than the following                                     is hereby authorized to enter into the Tennessee-
amounts, to wit:                                                                               Tombigbee Waterway Development Authority and lnter-
    (a) The amount necessary to pay the annual interest                                        state Compact for the purpose of promoting the devel-
requirements on and to pay the principal of bonds rna-                                         opment of a navigable interstate wat. rway c~nnect1ng
                                                                                                                                        e
turing during the ensuing year, of all bonds of the district                                   the Tombigbee and the Tennessee R1vers, wh1ch men:-
outstanding and unpaid.                                                                        bership will materially assist in the development of Flon-
    (b) The amount needed by the district directors for                                        da's waterways projects.
the annual administrative and operating expenses of the                                           (2) The membership on this a~thority fror:n. Florida
district, which amount shall not exceed the amount                                             shall consist of the Governor and f1ve other c1t1zens of
which would be raised by a levy of a one-fifth mill on the                                     the state who shall be interested in waterways develop-
dollar on the total assessed valuation of the district.                                        ment, two of whom shall be members of the Department
    (4) The directors of the district shall immediately de-                                    of Natural Resources designated by said department.
liver to the property appraiser and tax collector of each                                      The department members shall serve until a successor
county within the district and to the Department of Reve-                                      is nominated by the department. Three members shall
nue, and to the Division of Resource Management, certi-                                        be appointed by the Governor and shall serve 4-year
tied copies of the above resolution.                                                           terms ; however, the members of the first board so se-
    (5) The property appraiser of each county within the                                       lected shall serve staggered terms with one member
district and the Department of Revenue shall each year                                         serving 2 years, one member serving 3 years, and o~e
levy and assess a tax at the rate fixed by the district di-                                    member serving 4 years . The members of the authonty
rectors by said resolution upon all of the real and person-                                    shall not be compensated but each shall be entitled to
al property in said counties and to include the same on                                        expenses incurred in the performance of his duties as
the tax rolls. The county tax collector shall, each year,                                      a member of the authority.
collect the tax levied and assessed in the same manner                                            (3) There is hereby granted to the Governor and to
and at the same time as state and county taxes are col-                                        the members of the authority from Florida, all powers
lected and shall remit the same upon collection , within                                       provided for in said compact and the members from
the time and in the manner required by law, to the dis-                                        Florida are hereby authorized and directed to do all
trict directors.                                                                               things falling within their respective jurisdictions which
    (6) The collection of the taxes levied and assessed                                        are necessary or incidental to carrying out the purpose
pursuant to this act shall be enforced in the same man-                                        of said compact.
ner and at the same time as county taxes. Said taxes of                                           (4) When the Governor shall have executed and en-
the district shall constitute a lien of equal dignity to all                                   tered into said authority on behalf of th1s state and when
other tax liens on all of the taxable property within the                                      said compact shall have been ratified by the authority
district.                                                                                      as provided in its bylaws, then this .act shall become op-
   History.-s. 18, ch . 61-121 ; ss. 21 . 25, 35, ch. 69·106; s. 1. ch . 77-102; s. 234, ch.   erative and effective as between th1s state and such oth-
81 .259·                                                                                       er states and the Governor is hereby authorized and di-
  374.93 Budget.- The district directors shall each                                            rected to take such action as may be necessary to com-
year, prior to fixing the rate of taxation for that year, pre-                                 plete the exchange of official documents between the
                                                                                           523
Ch.374                               CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV.                                                   F.S. 1985

states and any other state ratifying said compact. All                                 shall first have found that any such project, by the
documents relating to the compact shall be filed with                                  dredging of the beach nourishment material or other-
the Department of State.                                                               wise, is a benefit to public navigation in the district.
  Hlatory.-ss. 1, 2, 3, 4, ch. 67-294; ss. 10, 35, ch. 69·106; s. 106, ch. 73·333.        (3) The district may sponsor or furnish assistance
                                                                                       and financial support, including through grants, to local
   374.975 Inland navigation districts; legislative in-
                                                                                       governments within the district in planning and carrying
tent.-
                                                                                       out public navigation, public recreation, and boating
   (1) The Legislature hereby recognizes the continu·
                                                                                       safety projects , whether waterway-wide or of a purely lo-
ing need for inland navigation districts to undertake pro-
                                                                                       cal nature.
grams necessary to accomplish the purposes of con-
                                                                                          (4) The district may sponsor or participate, financial-
struction, maintenance, and operation of Florida's inland
                                                                                       ly or otherwise , including through grants within the dis·
waterways pursuant to s. 107 of the federal River and
                                                                                       trict, with any local, state, or federal agencies in re-
Harbor Act of 1960 ( 133 U.S.C. 577).
   (2) The Legislature hereby directs all inland naviga-                               search, study, or test programs relating to waterway
tion districts to undertake, as outlined in this act, addi-                            construction, use, operation, or maintenance or relating
tional programs designed to alleviate the problems as-                                 to wildlife, wildlife habitat, fisheries, water quality, vege-
sociated with the districts ' waterways .                                              tation, erosion, accretion, or similar environmental is-
   Hiatory.-s. 1, ch. 85·200.                                                          sues and values .
  •Note.-Reference to 33 U.S.C. 577 was substituted by the editors for a reference        (5) The district may sponsor or participate, financial·
to 33 U.S.C. 426; s. 107 of the Rivers and Harbors Act of 1960 appears at 33. U.S.C.
577.                                                                                   ly or otherwise, including through grants, with any local,
                                                                                       state , or federal agencies in projects within the district
   374.976 Authority to address impacts of waterway                                    designed to restore or enhance the environment, includ-
development projects.-Each inland navigation district,                                 ing, but not limited to, projects seeking to protect, re·
except the district created pursuant to s. 374.301 , is em-                            store, or enhance wildlife, wildlife habitat, wetlands, fish-
powered and authorized to undertake programs intend-                                   eries, water quality, aquatic habitat, or other environ-
ed to alleviate the problems associated with its water-                                mental values .
way or waterways, including, but not limited to, the fol-                                  Hlatory.-s. 2, ch. 85·200.

lowing:
   (1) The district may act as a local interest sponsor                                   374.978 District board; compensation.-Members
for any project designated as a "Section 107, River and                                of inland navigation districts shall be reimbursed for per
Harbor Act of 1960" project authorized and undertaken                                  diem and traveling expenses as provided in s. 112.061 .
                                                                                           Hlatory.-s. 3, ch. 85·200.
by the U.S. Army Corps of Engineers and, in this regard,
may comply with any or all conditions irnposed on local                                  374.9785 Exemption from chapter 85-200, Laws of
interests as part of such project.                                                     Florida.-The Cross Florida Canal Navigation District,
   (2) The district may sponsor or may participate fi-                                 created pursuant to s. 374.301 , is hereby exempt from
nancially or otherwise, including through grants, in                                   any and all provisions of this act.
beach renourishment projects, provided that the board                                      Hiatory.-s. 4, ch. 85·200.




                                                                                     524
F.S. 1985                             OUTDOOR RECREATION AND CONSERVATION                                                                      Ch. 375

                                                        CHAPTER 375

                                      OUTDOOR RECREATION AND CONSERVATION

375.011        Short title.                                       Water Fish Commission; the secretary of the Depart-
375.021        Comprehensive multipurpose outdoor recre-          ment of Community Affairs ; the secretary of the Depart-
                  ation and conservation plan; Outdoor Rec-       ment of Transportation ; the director of the Division of
                  reation Advisory Committee.                     Forestry of the Department of Agriculture and Consumer
375.031        Acquisition of land; procedures.                   Services; the director of the Division of Recreation and
375.032        Recreation ; required purpose for purchase.        Parks of the Department of Natural Resources; and the
375.041        Land Acquisition Trust Fund.                       director of the Division of Archives , History and Records
375.044        Land Acquisition Trust Fund budget request.        Management of the Department of State. The executive
375.051        Issuance of revenue bonds subject to consti-       director of the Department of Natural Resources shall
                  tutional authorization.                         also serve on the committee as its chairman . The com-
375.061        Construction .                                     mittee shall meet upon the call of the chairman . The
375.065        Public beaches ; financial and other assist-       chief of the Bureau of Planning and Grants of the Divi-
                  ance by Department of Natural Resources         sion of Recreation and Parks shall serve as secretary of
                  to local governments.                           the committee . Any member of the committee may be
375.251        Limitation on liability of persons making avail-   represented at the various functions of the committee
                  able to public certain areas for recreational   by his duly authorized representative . Nothing con-
                  purposes without charge.                        tained herein shall be construed as limiting the powers
375.311        Legislative intent.                                and authority of the officers , boards, agencies , and com-
375.312        Definitions.                                       missions represented on the committee or of the selec-
375.313        Commission powers and duties.
                                                                  tion committee created pursuant to s. 259.035.
375.314        Damage to public lands.
                                                                     (3) The Department of Natural Resources may con-
375.315        Registration of off-road vehicles.
                                                                  tract with the Government of the United States, or any
  375.011 Short title.- This act may be known and cit-            agency or instrumentality thereof; or with the state or
ed as the "Outdoor Recreation and Conservation Act of             any county, municipality, district authority, or political
1963."                                                            subdivision ; or with any private corporation , partnership ,
 History.-s . 1, ch . 63-36.                                      association, or person providing for or relating to the de-
                                                                  velopment of outdoor recreation or conservation in ac-
  375.021 Comprehensive multipurpose outdoor rec-                 complishing the purposes of this act. The department
reation and conservation plan; Outdoor Recreation Ad-             may receive and accept from any federal agency, state
visory Committee.-                                                agency , or other public body grants or loans for or in aid
    (1) The Department of Natural Resources is given              of the purposes of this act; and the department may re-
the responsibility, authority, and power to develop and           ceive and accept aid, contributions , or loans from any
execute a comprehensive multipurpose outdoor recre-               other source of money, property, labor, or other things
ation and conservation plan for this state. The outdoor           of value to be held , used, and applied only for the pur-
recreation and conservation plan shall be kept current            pose for which such aid , grants, or loans were made.
through continual reevaluation and revision. Each proj-           Without limiting or modifying any of the powers and au-
ect to be considered for acquisition in the comprehen-            thority of the department, but specifically as an addition
sive multipurpose outdoor recreation and conservation             thereto, the department is expressly authorized to par-
plan shall be subject to the selection procedures of s.           ticipate in the land and water conservation fund pro-
259.035 if the estimated value of such project exceeds            gram, established by and pursuant to Pub. L. No. 88-
$250,000. It shall be the responsibility of the department        578, as it may be amended from time to time .
to supervise, and to ensure the beneficial management                Hlatory.-s . 2, ch. 63-36; ss. 1, 2, ch. 67-351 ; s. 5, ch. 67-461; ss. 25, 35, ch.
                                                                  69-106; s. 136, ch. 71 -377; s. 107, ch. 73-333; s. 2, ch. 80-356; s. 32, ch . 81 -167; s.
and use of, the lands acquired under the provisions of            1, ch. 82-46; s. 5, ch. 82-152; s. 32, ch. 63-55; s. 5, ch. 63-114; s. 2, ch. 83-265.
this act and to allocate by contract for management or             1 Note.-Repealed effective October 1, 1989, by s. 1, ch. 82-46, as amended by
                                                                  s. 2, ch. 83-265, and scheduled for review pursuant to s. 11 .611 in advance of that
by lease or otherwise such lands to the different agen-           date.
cies, subdivisions , or municipalities of the state in order      cf.- s. 267.151 Program of vertebrate paleontology within Florida State Museum .
to accomplish the purposes of this chapter.
  1
    (2) For the purposes of coordinating needs for out-              375.031         Acquisition of land; procedures.-
door recreation, conservation, and multipurpose land                  (1) The department is empowered and authorized to
acquisition and obtaining professional guidance in the            identify for acquisition lands, water areas, and related
most beneficial use of lands acquired, there is estab-            resources and to perform all other activities necessary
lished an Outdoor Recreation Advisory Committee,                  or incident to improving, maintaining, selling, leasing , or
hereafter referred to as the "committee," whose primary           disposing of land, water areas, and related resources,
duty it shall be to advise the Department of Natural Re-          and improvements thereon . Prior to the acquisition of
sources as to outdoor recreation and land acquisition             such land by the department, the seller of the land shall
needs and the most efficient use of lands acquired. The           file a statement with the Department of State disclosing,
committee shall be composed of the following persons :            for at least the last 5 years prior to the conveyance of
the executive director of the Department of Natural Re-           title to the state , all financial transactions concerning the
sources ; the executive director of the Game and Fresh            land , all parties having a financial interest in any transac-
                                                              525
Ch.375                              OUTDOOR RECREATION AND CONSERVATION                                                                      F.S. 1985

tion , and the amount of the tax assessment thereon for          ment of any outdoor recreation or conservation areas.
each year. The Board ofTrustees of the Internal Improve-         The terms "land" and "lands" where used singly in this
ment Trust Fund shall hold title to lands so acquired , but      act shall be construed as inclusive of lands, water areas,
the beneficial use, control , and management shall be            and related resources.
with the department. All lands identified for acquisition           (6) The department may acquire by the exercise of
under this chapter shall be acquired with funds from the         the power of eminent domain, in accordance with the
Land Acquisition Trust Fund .                                    statutes of the state , any land or water areas, related re-
   (2) The department may acquire, control, and over-            sources, and property and any and all rights, title, and
see the development and use of all land, water areas,            interest in such land or water areas , related resources,
and related resources generally classified as outdoor ar-        and other property which it determines reasonably nec-
eas and may construct, improve, enlarge, extend , and            essary for the preservation of floodways and water stor-
maintain capital improvements and facilities upon such           age areas , boating and navigational channels, rights-of-
outdoor areas as needed. In performing these functions,          way for access roads which may be necessary for maxi-
the department shall give full consideration to the rec-         mum development and use of any outdoor recreation
ommendations of the committee and of other agencies              and conservation areas , and rights-of-way for access
using or desiring to use land or water areas provided by         which may be necessary for the use and enjoyment of
the department.                                                  public waterways.
   (3)(a) All land, water areas, and related resources              (7) The department may contract for the manage-
hereafter needed by the state for outdoor recreation ,           ment or lease of acquired land, water areas, and related
wildlife management, forestry management, nature                 resources, or improvements thereon, with any state
preservation , water conservation and control, and other         agency for its authorized purposes . The department
similar or related purposes shall be acquired by the Divi-       may, in its discretion, require such state agency to pay,
sion of State Lands of the Department of Natural Re-             as rentals on such land, water areas, related resources,
sources pursuant to the procedures set forth in chapter          or improvements, all or any part of the revenues derived
253.                                                             from the land.
   (b) On behalf of the Board of Trustees of the Internal           (8) The department may, if it deems it desirable and
Improvement Trust Fund and before the appraisal of a             in the best interest of the program, request the board of
parcel approved for purchase pursuant to this chapter,           trustees to sell or otherwise dispose of any lands or wa-
the executive director of the Department of Natural Re-          ter storage areas acquired under this act. The board of
sources or the director of the Division of State Lands           trustees, when so requested , shall offer the lands or wa-
may enter into an option contract to buy such parcel.            ter storage areas, on such terms as the department may
The option contract shall state that the final purchase          determine, first to other state agencies and then, if still
price is subject to approval by the board and that this          available, to the county or municipality in which the
price may not exceed the maximum offer allowed by law.           lands or water storage areas lie. If not acquired by anoth-
The consideration for such option may not exceed                 er state agency or local governmental body for benefi-
$1 ,000 or .01 percent of the estimate by the department         cial public purposes, the lands or water storage areas
of the value of the parcel, whichever is greater.                shall then be offered by the board of trustees at public
   (4) The department may acquire by purchase, lease-            sale, after first giving notice of such sale by publication
purchase agreement, or otherwise, on such terms and              in a newspaper published in the county or counties in
conditions as it deems wise, any land, water areas, relat-       which such lands or water storage areas lie not less than
ed resources, or other property which it deems is rea-           once a week for 3 consecutive weeks. All proceeds from
sonably necessary for outdoor recreation or natural re-          the sale or disposition of any lands or water storage ar-
sources conservation under this act, and any and all             eas pursuant to this section shall be deposited in the
rights, title, and interest in such land, water areas , relat-   Land Acquisition Trust Fund.
ed resources, and other property, including any public              (9) The department may sell, lease, or otherwise dis-
lands, parks , playgrounds, reservations, roads, or park·
                                                                 pose of certain products and user rights in , under, or
ways, owned by or in which any county, political subdivi-
                                                                 upon land, water areas , and related resources acquired
sion , city, town , village, public agency, or officer of the
                                                                 under the provisions of this act, including, but not limited
state has any right, title, or interest, or parts thereof or
                                                                 to , oil and minerals, timber and forest products , sand,
rights therein and any fee simple absolute or lesser inter-
                                                                 gravel, earth, grazing rights , and farming rights on such
est in private property, and fee simple absolute in, ease-
                                                                 terms and conditions as it determines, if the sale, lease,
ment upon, or the benefit of restrictions upon, abutting
                                                                 or other disposition is not inconsistent with or injurious
property to preserve and protect recreation and conser-
                                                                 to the outdoor recreation, conservation , and other pur-
vation areas and projects.
                                                                 poses for which such lands and water areas were ac-
   (5) Land, water areas, and related resources which
                                                                 quired .
may be identified through the procedures provided in
this act include, but are not limited to, parks and recre-          (10) The department is empowered and authorized
ation areas, wildlife preserves , forest areas , wetlands ,      to provide matching funds to counties and municipali-
floodways and water storage areas , beaches, water ac-           ties of up to 50 percent of the cost of purchasing, exclu-
cess sites , boating and navigational channels , sub-            sive of condemnation , rights-of-way for access roads or
merged lands, historical and archaeological sites , and          walkways to public beaches contiguous with the Atlan-
rights-of-way and sites for access roads which may be            tic Ocean or the Gulf of Mexico.
                                                                   Hlatory.-s. 3, ch. 63-36; s. 3, ch. 67-351 ; ss. 25, 27, 35, ch. 69-106; s. 1, ch.
necessary for maximum development, use, and enjoy-               72-104; s. 1, ch . 75-81 ; s. 17, ch. 79-255; s. 3, ch. 80-356; s. 6, ch. 83-114; s. 15, ch.

                                                             526
F.S. 1985                                            OUTDOOR RECREATION AND CONSERVATION                                                                                  Ch.375

84-330.                                                                                       islature in conjunction with the provisions of ss. 216.023,
cf.-s. 267.151 Program of vertebrate paleontology within Florida State Museum.
                                                                                              216.031, and 216.043. The 10-year request shall include,
                                                                                              but shall not be limited to:
  375.032 Recreation; required purpose for pur-
                                                                                                 (a) A 10-year annual cash-flow analysis of the Land
chase.-No land shall be purchased under this act or
                                                                                              Acquisition Trust Fund.
any funds expended for any project unless a finding is
                                                                                                 (b) The requested schedule of the agency for issu-
made that recreation is the prime purpose of the pur-
chase or of the project                                                                       ance of Save Our Coasts bonds.
  Hlatory.-s. 6, ch. 67-351 .                                                                    (c) Forecasts of anticipated revenues to the Land
                                                                                              Acquisition Trust Fund.
   375.041 Land Acquisition Trust Fund.-                                                         (d) The estimate of the agency of Land Acquisition
   (1) There is created a Land Acquisition Trust Fund                                         Trust Fund encumbrances and commitments for each
to facilitate and expedite the acquisition of land, water                                     year and the corresponding estimates of expenditures.
areas, and related resources required to accomplish the                                         Hlatory.-s. 1, ch. 83-57.
purposes of this act The Land Acquisition Trust Fund
shall be held and administered by the department All                                             375.051 Issuance of revenue bonds subject to con-
moneys and revenue from the operation, management,                                            stitutional authorization.- The acquisition of lands, wa-
sale, lease, or other disposition of land, water areas, re-                                   ter areas, and related resources by the department un-
lated resources, and the facilities thereon acquired or                                       der this act is a public purpose for which revenue bonds
constructed under this act shall be deposited in or cred-                                     may be issued when and only when there has been
ited to the Land Acquisition Trust Fund. Moneys accru-                                        granted in the State Constitution specific authorization
ing to any agency for the purposes enumerated in this                                         for the department to issue revenue bonds to pay the
act may be deposited in this fund . There shall also be                                       cost of acquiring such lands, water areas, and related
deposited into the Land Acquisition Trust Fund other                                          resources and to construct, improve, enlarge, and ex-
moneys as authorized by appropriate act of the Legisla-                                       tend capital improvements and facilities thereon as de-
ture. All moneys so deposited into the Land Acquisition                                       termined by the department to be necessary for the pur-
Trust Fund shall be trust funds for the uses and pur-                                         poses of this act The department may utilize the ser-
poses herein set forth, within the meaning of s. 215.32(1)                                    vices and facilities of the Department of Legal Affairs,
(b); and such moneys shall not become or be commin-                                           the Board of Administration , or any other agency in this
gled with the General Revenue Fund of the state, as de-                                       regard. No revenue bonds, revenue certificates, or other
fined by s. 215.32(1 )(a) .                                                                   evidences of indebtedness shall be issued for the pur-
   (2) The moneys on deposit in the Land Acquisition                                          poses of this act except as specifically authorized by the
Trust Fund shalf be first applied to pay the rentals due                                      State Constitution. All revenue bonds , revenue certifi-
under lease-purchase agreements or to meet debt-                                              cates , or other evidences of indebtedness issued pursu-
service requirements of revenue bonds issued pursuant                                         ant to this act shall be submitted to the State Board of
to s. 375.051 .                                                                               Administration for approval or disapproval. No individual
   (3) Any moneys in the Land Acquisition Trust Fund                                          series of bonds may be issued pursuant to this section
which are not pledged for rentals or debt service as                                          unless the first year's debt service for such bonds is
above provided may be expended from time to time to                                           specifically appropriated in the General Appropriations
acquire land, water areas, and related resources and to                                       Act
construct, improve, enlarge, extend, operate, and main-                                         Hlatory.-s. 5, ch. 63-36; s. 5, ch. 67-351 ; ss. 11 , 25, 28, 35, ch. 69-106; s. 5, ch.
                                                                                              80-356; s. 2, ch. 83-57; s. 36, ch. 65-81 .
tain capital improvements and facilities in accordance
with the plan.                                                                                  375.061 Construction.-The provisions of this act
   (4) The department may disburse moneys in the                                              shall be liberally construed in a manner to accomplish
Land Acquisition Trust Fund to pay all necessary ex-                                          the purposes thereof.
penses to carry out the purposes of this act                                                    Hlatory.-s. 6, ch. 63-36.
   (5) When the Legislature has authorized the Depart-
ment of Natural Resources to condemn a specific parcel                                           375.065 Public beaches; financial and other assist-
of land and such parcel already has been approved for                                         ance by Department of Natural Resources to local gov-
acquisition through the fund, the land may be acquired                                        ernments.-
in accordance with the provisions of chapter 73 or chap-                                         (1) The Department of Natural Resources is author-
ter 74, and the fund may be used to pay the condemna-                                         ized, within the limits of appropriations available to the
tion award and all costs, including a reasonable attor-                                       department for such purposes, to utilize any one or more
ney's fee, associated with condemnation.                                                      of the following procedures in establishing and operat-
    Hlatory.-s. 4, ch. 63-36; s. 4, ch. 67-351 ; ss. 25, 35, ch. 69-106; s. 4, ch . 80-356;
s . 3, ch . 83-80.                                                                            ing a program of financial assistance to local govern-
                                                                                              ments for the acquisition of public beach properties:
  375.044 Land Acquisition Trust Fund budget re-                                                 (a) The department may make grants for, and ad-
quest.-                                                                                       vance loans to , the governing body of any county or mu-
  (1) The Department of Natural Resources shall sub-                                          nicipality in an amount not to exceed the fair market val-
mit to the Legislature a 10-year comprehensive budget                                         ue, as determined by the department, of any waterfront
request for the Land Acquisition Trust Fund .                                                 property sought to be purchased by said governing
  (2) The legislative budget request shall be submit-                                         body for the purpose of establishing and maintaining a
ted to the Executive Office of the Governor and the Leg-                                      public beach.
                                                                                          527
Ch.375                                          OUTDOOR RECREATION AND CONSERVATION                                              F.S. 1985

   (b) The department may require the local governing                (3)(a) An owner of land or water area leased to the
body to give assurance that it has the financial ability to       state for outdoor recreational purposes owes no duty of
furnish or secure funds to complete the purchase of the           care to keep that land or water area safe for entry or use
property sought. Any revenue from concessions, tolls,             by others, or to give warning to persons entering or go-
or parking or otherwise produced by the development               ing on that land or water of any hazardous conditions,
or operation of such public beach may be pledged to               structures, or activities thereon. An owner who leases
amortize any indebtedness incurred in such beach ac-              land or water area to the state for outdoor recreational
quisitions.                                                       purposes shall not by giving such lease:
   (2) The Department of Natural Resources may ac-                   1. Be presumed to extend any assurance that such
quire waterfront property and may lease, sell, or grant           land or water area is safe for any purpose,
acquired land, water areas, and related resources or im-             2. Incur any duty of care toward a person who goes
provements thereon to the governing body of any coun-             on the leased land or water area, or
ty or municipality upon such terms and conditions as the             3. Become liable or responsible for any injury to per-
department may require in order to assure that such               sons or property caused by the act or omission of a per-
property will be reserved for public use and benefit in           son who goes on the leased land or water area.
the future.                                                          (b) The foregoing applies whether the person going
   {3) The department is authorized to promulgate                 on the leased land or water area is an invitee, licensee,
such rules and forms as may be necessary to carry out             trespasser, or otherwise.
the purposes of this section and to ensure that all proj-            (4) This act does not relieve any person of liability
ects to which assistance is rendered hereunder are for            which would otherwise exist for deliberate, willful or mali-
the purpose of providing public beaches for recreation            cious injury to persons or property. The provisions here-
purposes.                                                         of shall not be deemed to create or increase the liability
   (4) In addition to the authorized assistance proce-            of any person.
dures provided by this section, the Legislature hereby               (5) The term "outdoor recreational purposes" as
urges the Department of Natural Resources to give pri-            used in this act shall include, but not necessarily be limit-
ority to applications relating to the acquisition of public       ed to, hunting, fishing, swimming, boating, camping,
beaches in urban areas, and to make full use of the fed-          picnicking, hiking, pleasure driving, nature study, water
eral Land and Water Conservation Fund Act of 1965, as             skiing, motorcycling, and visiting historical, archaeologi-
amended, or other applicable federal programs. This               cal, scenic, or scientific sites.
section is supplemental to and shall not limit or repeal              Hiatory.-ss. 1, 2, 3, 4, 5, ch. 63-313; s. 1. ch. 75-17.
any provision of the Outdoor Recreation Act of 1963.
 Hlstory.-ss. 1, 2, 3, ch. 72-86; s. 6, ch. 80-356.                 375.311 Legislative intent.-To protect and man-
                                                                  age Florida's wildlife environment on lands conveyed for
   375.251 Limitation on liability of persons making              recreational purposes by private owners and public cus-
available to public certain areas for recreational pur-           todians, the Legislature hereby intends that the Game
poses without charge.-                                            and Fresh Water Fish Commission shall regulate motor
   (1) The purpose of this act is to encourage persons            vehicle access and traffic control on Florida's public
to make available to the public land, water areas and
                                                                  lands.
park areas for outdoor recreational purposes by limiting              Hiatory.-s. 1, ch. 78-238; s. 1, ch. 78-355.
their liability to persons going thereon and to third per-
sons who may be damaged by the acts or omissions of                  375.312 Definitions.-As used in this act, unless
persons going thereon.                                            the context requires otherwise:
   (2)(a) An owner or lessee who provides the public                 (1) "Motor vehicle" means any self-propelled vehicle,
with a park area for outdoor recreational purposes owes           including every device in, upon, or by which any person
no duty of care to keep that park area safe for entry or          or property is or may be transported or drawn, except
use by others, or to give warning to persons entering or          devices moved by human or animal power or used ex-
going on that park area of any hazardous conditions,              clusively upon stationary rails or tracks .
structures, or activities thereon. An owner or lessee who            (2) "Public lands" means any lands in the state which
provides the public with a park area for outdoor recre-           are owned by, leased by, or otherwise assigned to the
ational purposes shall not by providing that park area:           state or any of its agencies and which are used by the
   1. Be presumed to extend any assurance that such               general public for recreational purposes.
park area is safe for any purpose,                                   (3) "Commission" means the Florida Game and
   2. Incur any duty of care toward a person who goes             Fresh Water Fish Commission.
on that park area, or                                                (4) "Off-road vehicle" means any motor vehicle under
   3. Become liable or responsible for any injury to per-         this act which is not licensed or registered under chap-
sons or property caused by the act or omission of a per-          ter 320, except those vehicles when used in timber har-
son who goes on that park area.                                   vest, reforestation, or other industry as may be directed
   (b) This section shall not apply if there is any charge        by the landowner or mineral owner.
made or usually made for entering or using such park                  Hiatory.-s. 1, ch. 78-238; s. 1, ch. 78-355.
area, or any part thereof, or if any commercial or other
activity for profit is conducted on such park area, or any          375.313 Commission powers and duties.- The
part thereof.                                                     commission shall:
                                                                528
F.S. 1985                                       OUTDOOR RECREATION AND CONSERVATION                                                      Ch. 375

   (1) Regulate or prohibit, when necessary, the use of              (3) Any person who operates a motor vehicle on
motor vehicles on the public lands of the state in order          lands owned by the state or its agency shall be civilly lia-
to prevent damage or destruction to said lands.                   ble for the actual damage to the lands by reason of his
   (2) Collect any registration fees imposed by s.                wrongful act, which damages may be recovered by suit
375.315 and deposit said fees in the State Game Trust             and , when collected, shall go to the state or its agency
Fund . The revenue resulting from said registration shall         to be used to restore or replace the damaged property.
                                                                      Hlstory.-s. 1, ch. 78-238; s. 1, ch. 78-355; s. 86, ch. 79·1 64.
be expended for the funding and administration of ss.
375.311-375.315.                                                     375.315 Registration of off-road vehicles.-
   (3) Adopt and promulgate such reasonable rules as                 (1) Any off-road vehicle operated upon public lands
deemed necessary to administer the provisions of ss.              and not registered or licensed under s. 320.02 or s.
375.311-375.315, except that, before any such rules are           320.06 must be registered as provided in this section.
adopted, the commission shall obtain the consent and                 (2) Upon the filing of an application by the owner of
agreement, in writing , of the owner, in the case of pri-         an off-road vehicle, the commission shall assign to such
vately owned lands, or the owner or primary custodian,            motor vehicle a registration license number and shall de-
in the case of publicly owned lands.                              liver to the owner a certificate of registration and one
 History.-s. 1, ch. 78-238; s. 1, ch. 78-355.
                                                                  registration decal for each motor vehicle so registered .
                                                                     (3) Registration shall be renewed annually upon pay-
   375.314 Damage to public lands.-                               ment of an annual registration fee for off-road vehicles
   (1) Whoever damages public lands by the use of a               not to exceed $10.
motor vehicle is guilty of a misdemeanor of the second               (4) Whoever operates any off-road vehicle on public
degree, punishable as provided in s. 775.082 , s.                 lands without having attached thereto a registration de-
775.083, or s. 775.084 or by restitution.                         cal for the current registration period is guilty of an in-
   (2) For the purpose of this section, damage shall in-          fraction as defined ins. 318.13(3) and shall be penalized
clude , but is not limited to, injury to or destruction of        as provided ins. 318.18.
trees , flora, sand dunes or other environmentally sensi-            (5) Nothing contained herein shall be deemed to
tive land, roads, trails, drainage systems or natural water       conflict with the provisions of chapter 320 or chapter
courses or sources , wildlife resources, fences or gates,         325.
or crops or cultivated land.                                          Hlstory.-s. 1, ch. 78·238; s. 1, ch. 78-355.




                                                                529
Ch.376                                   POLLUTANT DISCHARGE PREVENTION AND REMOVAL                                       F.S. 1985

                                                                   CHAPTER 376

                                         POLLUTANT DISCHARGE PREVENTION AND REMOVAL

376.011        Pollutant Spill Prevention and Control Act ;                 (1) The Legislature finds and declares that the high-
                  short title.                                           est and best use of the seacoast of the state is as a
376.021        Legislative intent with respect to pollution of           source of public and private recreation.
                  coastal waters and lands.                                 (2) The Legislature further finds and declares that
376.031        Definitions.                                              the preservation of this use is a matter of the highest ur-
376.041        Pollution of waters and lands of the state pro-           gency and priority, and that such use can only be served
                  hibited .                                              effectively by maintaining the coastal waters , estuaries,
376.051        Powers and duties of the Department of Natu-              tidal flats, beaches , and public lands adjoining the sea-
                  ral Resources .                                        coast in as close to a pristine condition as possible, tak-
376.06         Operation of terminal facility without registra-          ing into account multiple use accommodations neces-
                  tion prohibited.                                       sary to provide the broadest possible promotion of pub-
376.07         Regulatory powers of department.                          lic and private interests.
376.09         Removal of prohibited discharges.                            (3) The Legislature further finds and declares that:
376.10         Personnel and equipment.                                     (a) The transfer of pollutants between vessels, be-
376.11         Florida Coastal Protection Trust Fund .                   tween onshore facilities and vessels, between offshore
376.12         Liabilities and defenses of terminal facilities           facilities and vessels, and between terminal facilities
                                                                         within the jurisdiction of the state and state waters is a
                  and vessels .
                                                                         hazardous undertaking;
376.13         Emergency proclamation ; Governor's pow-
                                                                            (b) Spills, discharges, and escapes of pollutants oc-
                  ers.
                                                                         curring as a result of procedures involved in the transfer,
376.14         Terminal facilities and vessels ; financial re-
                                                                         storage, and transportation of such products pose
                  sponsibility.                                          threats of great danger and damage to the environment
376.15         Derelict vessels; removal from public waters.             of the state, to owners and users of shore front property,
376.16         Enforcement and penalties.                                to public and private recreation , to citizens of the state
376.165        "Hold-harmless" agreements prohibited.                    and other interests deriving livelihood from marine-
376.17         Reports to the Legislature.                               related activities , and to the beauty of the Florida coast;
376.185      . Budget approval.                                             (c) Such hazards have frequently occurred in the
376.19         County and municipal ord inances; powers                  past, are occurring now, and present future threats of
                  limited .                                              potentially catastrophic proportions , all of which are ex-
376.20         Limitation on application .                               pressly declared to be inimical to the paramount inter-
376.205        Individual cause of action for damages under              ests of the state as herein set forth ; and
                  ss. 376.011-376.21 .                                      (d) Such state interests outweigh any economic bur-
376.21         Construction of ss . 376.011 -376.21 .                    dens imposed by the Legislature upon those engaged
376.30         Legislative intent with respect to pollution of           in transferring pollutants and related activities.
                  surface and ground waters.                                (4) The Legislature intends by the enactment of ss.
376.301        Definitions of terms used in ss .                         376.011 -376.21 to exercise the police power of the state
                  376.30-376.317.                                        by conferring upon the Department of Natural Re-
376.302        Discharge of pollutants prohibited .                      sources power to:
376.303        Powers and duties of the Department of Envi-                 (a) Deal with the hazards and threats of danger and
                  ronmental Regulation.                                  damage posed by such transfers and related activities;
376.305        Removal of prohibited discharges.                            (b) Require the prompt containment and removal of
376.307        Water Quality Assurance Trust Fund .                      pollution occasioned thereby; and
376.308        Liabilities and defenses of facilities.                      (c) Establish a fund to provide for the inspection and
376.309        Facilities, financial responsibility.                     supervision of such activities and guarantee the prompt
376.311        Penalties for a discharge.                                payment of reasonable damage claims resulting there-
376.313        Nonexclusiveness of remedies and individual               from.
                  cause of action for damages under ss .                    (5) The Legislature further finds and declares that
                  376.30-376.315.                                        the preservation of the public uses referred to herein is
376.315        Construction of ss. 376.30-376.315.                       of grave public interest and concern to the state in pro-
376.317        Superseded laws; state preemption .                       moting its general welfare, preventing diseases, promot-
                                                                         ing health, and providing for the public safety and that
  376.011 Pollutant Spill Prevention and Control Act;                    the state's interest in such preservation outweighs any
short title.-Sections 376.011-376.17, 376.19-376.21                      burdens of liability imposed by the Legislature upon
shall be known as the "Pollutant Spill Prevention and                    those engaged in transferring pollutants and related ac-
Control Act. "                                                           tivities .
 Hlatory.-s. 1, ch. 70·244; s. 1, ch. 74·336; s. 79, ch. 83-310.            (6) The Legislature further declares that it is the in-
                                                                         tent of ss . 376.011-376.21 to support and complement
  376.021 Legislative intent with respect to pollution                   applicable provisions of the Federal Water Pollution
of coastal waters and lands.-                                            Control Act, as amended , specifically those provisions
                                                                      530
F.S. 1985                                POLLUTANT DISCHARGE PREVENTION AND REMOVAL                                                             Ch.376

relating to the national contingency plan for removal of              (15) "Terminal facility" means any waterfront or off-
pollutants.                                                       shore facility of any kind, other than vessels not owned
  History.-s. 2, ch. 70-244; s. 2, ch. 74-336.                    or operated by such facility, and directly associated wa-
                                                                  terfront or offshore appurtenances including pipelines
    376.031 Definitions.-When used in ss. 376.011-                located on land, including submerged lands, or on or un-
376.21, unless the context clearly requires otherwise,            der the surface of any kind of water, which facility and
 the term:                                                        related appurtenances are used or capable of being
    (1) "Barrel" means 42 U.S. gallons at 60° Fahrenheit.         used for the purpose of drilling for, pumping, storing,
    (2) "Board" means the board of arbitration.                   handling, transferring , processing, or refining pollutants,
    (3) "Department" means the Department of Natural              including, but not limited to, any such facility and related
Resources.                                                        appurtenances owned or operated by a public utility or
    (4) "Director" means the executive director of the De-        a governmental or quasi-governmental body. A vessel
partment of Natural Resources.                                    shall be considered a terminal facility only in the event
    (5) "Discharge" includes, but is not limited to, any          of a ship-to-ship transfer of pollutants, and only that ves-
spilling, leaking, seeping, pouring, emitting, emptying,          sel going to or coming from the place of transfer and the
or dumping which occurs within the territorial limits of          terminal facility. For the purposes of ss. 376.011-376.21,
the state or outside the territorial limits of the state and      the term "terminal facility" shall not be construed to in-
affects lands and waters within the territorial limits of the     clude waterfront facilities owned and operated by gov-
state.                                                            ernmental entities acting as agents of public conve-
    (6) "Discharge cleanup organization" means any                nience for operators engaged in the drilling for or pump-
group, ·incorporated or unincorporated, of owners or op-          ing, storing, handling, transferring, processing, or refin-
erators of waterfront terminal facilities in any port or har-     ing of pollutants; however, each operator engaged in the
bor of the state, and any other person who may elect to           drilling for or pumping, storing, handling, transferring,
join, organized for the purpose of containing and clean-          processing, or refining of pollutants through a waterfront
ing up discharges of pollutants through cooperative ef-           facility owned and operated by such a governmental en-
forts and shared equipment and facilities. For the pur-           tity shall be construed as a terminal facility.
poses of ss. 376.011-376.21, any third-party cleanup                 (16) "Transfer" or "transferred" includes onloading or
contractor or any local government shall be recognized            offloading between terminal facility and vessel, vessel
as a discharge cleanup organization, provided such con-           and vessel, or terminal facility and terminal facility.
tractor or local government is properly certified by the             (17) "Vessel" includes every description of water-
department.                                                       craft or other contrivance used, or capable of being
    (7) "Fund" means the Florida Coastal Protection               used, as a means of transportation on water, whether
Trust Fund .                                                      self-propelled or otherwise, and includes barges and
    (8) "Other measurements" means measurements                   tugs.
                                                                    Hiatory.-s. 3, ch. 70-244; s. 1, ch. 71 -243; s. 3, ch . 74-336; s. 1, ch. 80-382; s. 80,
set by the department for products transferred at termi-          ch . 83-310; s. 37, ch. 85-81 .
nals which are other than fluid or which are not common-
ly measured by the barrel.                                          376.041 Pollution of waters and lands of the state
    (9) "Owner" means any person owning a terminal fa-            prohibited.-The discharge of pollutants into or upon
cility; "operator" means any person operating a terminal          any coastal waters, estuaries, tidal flats, beaches, and
facility, whether by lease, contract, or other form of            lands adjoining the seacoast of the state in the manner
agreement.                                                        defined by ss. 376.011-376.21 is prohibited.
                                                                    Hiatory.-s. 4, ch. 70-244; s. 4, ch. 74-336.
   (1 0) "Person" means any individual, partner, joint
venture, corporation; any group of the foregoing, orga-              376.051 Powers and duties of the Department of
nized or united for a business purpose; or any govern-            Natural Resources.-
mental entity.                                                       (1) The powers and duties conferred by ss. 376.011-
   (11) "Person in charge" means the person on the                376.21 shall be exercised by the Department of Natural
scene who is in direct, responsible charge of a terminal          Resources and shall be deemed to be an essential gov-
facility or vessel from which pollutants are discharged ,         ernmental function in the exercise of the police power
when the discharge occurs.                                        of the state. The Department of Environmental Regula-
   (12) "Pollutants" includes oil of any kind and in any          tion is directed to cooperate with the Department of Nat-
form, gasoline, pesticides, ammonia, chlorine , and deriv-        ural Resources and to offer consultative services, en-
atives thereof, excluding liquefied petroleum gas.                forcement, prosecution, and technical advice to the de-
   (13) "Pollution" means the presence in the outdoor             partment. The department may call upon any other state
atmosphere or waters of the state of any one or more              agency for consultative services and technical advice
substances or pollutants in quantities which are or may           and the agencies are directed to cooperate in said re-
be potentially harmful or injurious to human health or            quest.
welfare, animal or plant life, or property or which may un-          (2) The powers and duties of the department under
reasonably interfere with the enjoyment of life or proper-        ss. 376.Q11-376.21 shall extend to the boundaries of the
ty, including outdoor recreation .                                state described in s. 1, Art. II of the State Constitution.
   (14) "Registrant" is a terminal facility required to pos-         (3) Registration certificates required under ss .
sess a valid registration certificate to operate as a termi-      376.011-376.21 shall be issued from the department
nal facility.                                                     subject to such terms and conditions as are set forth in
                                                            531
Ch. 376                                      POLLUTANT DISCHARGE PREVENTION AND REMOVAL                                                                         F.S. 1985

ss. 376,011-376.21 and as set forth in rules and regula-                                     cate upon the showing that the registrant can provide
tions promulgated by the department as authorized                                            all required equipment to prevent, contain, and remove
herein.                                                                                      discharges of pollutants.
   (4) Whenever it becomes necessary for the state to                                           (7) On or after a date to be determined by the de-
protect the public interest under ss. 376.011-376.21, it                                     partment, but in no case later than October 1, 1974, no
shall be the duty of the department to keep an accurate                                      person shall operate or cause to be operated any termi-
record of costs and expenses incurred and thereafter                                         nal facility without a terminal facility registration certifi-
diligently to pursue the recovery of any sums so incurred                                    cate issued by the department. No registration certifi-
from the person responsible or from the Government of                                        cate shall be valid for more than 1 year unless revalidat-
the United States under any applicable federal act.                                          ed by the department. Each applicant for a terminal facil-
   (5) The department may bring an action on behalf of                                       ity registration certificate shall pay the registration certif-
the state to enforce the liabilities imposed by s. 376.12.                                   icate application fee and shall submit information, in a
The Department of Legal Affairs shall represent the de-                                      form satisfactory to the department, describing the fol-
partment in any such proceeding.                                                             lowing:
   (6) Within 120 days of July 1, 1983, the department                                          (a) The barrel or other measurement capacity of the
shall adopt rules providing for the coordination of the re-                                  terminal facility.
spective duties of the Department of Environmental                                              (b) All prevention, containment, and removal equip-
Regulation and the Department of Natural Resources                                           ment, including, but not limited to, vehicles, vessels,
with respect to the implementation of ss . 376.011-                                          pumps, skimmers, booms, chemicals, and communica-
376.21. Such rules shall specifically establish proce-                                       tion devices to which the facility has access, whether
dures that determine which of the two agencies should                                        through direct ownership or by contract or membership
respond in cases of specific types of pollutant spill inci-                                  in an approved discharge cleanup organization.
dents, and such rules shall establish minimum criteria                                          (c) The terms of agreement and operation plan of
for response times. The rules shall also specify criteria                                    any discharge cleanup organization to which the owner
and procedures for the expenditures of Florida Coastal                                       or operator of the terminal facility belongs.
Protection Trust Fund moneys for pollution incidents                                            (8) Upon showing of satisfactory containment and
that require action by the Department of Environmental                                       cleanup capability under this section, and upon pay-
Regulation .                                                                                 ment of the registration certificate application fee re-
  History.-s. 5, ch. 70-244; s. 2, ch. 71 -137; s. 5, ch. 74-336; s. 62, ch. 79-65; s. 81,   quired by the department under this section, the appli-
ch. 83-310.
                                                                                             cant shall be issued a registration certificate covering
    376.06 Operation of terminal facility without regis-                                     the terminal facility and related appurtenances, includ-
                                                                                             ing vessels as defined in s. 376.031 (12).
tration prohibited.-                                                                           Hlatory.-s. 6, ch. 70-244; s. 1, ch. 70-439; s. 6, ch. 74-336.
    (1) No person shall operate or cause to be operated
a terminal facility as defined ins. 376.031(15) without a                                       376.07 Regulatory powers of department.-The
registration certificate.                                                                    department shall from time to time adopt, amend, re-
    (2) Registration certificates shall be issued on an an-                                  peal, and enforce reasonable regulations insofar as they
nual basis and shall expire on December 31 annually,                                         relate to discharges of pollutants into the waters of this
subject to such terms and conditions as the department                                       state or onto the coasts of this state.
may determine are necessary to carry out the purposes                                           (1) The regulations shall be adopted in accordance
of ss. 376.011-376.21 .                                                                      with the Administrative Procedure Act, chapter 120.
    (3) As a condition precedent to the issuance or re-                                         (2) The department shall adopt regulations includ-
newal of a registration certificate, the department shall                                    ing, but not limited to, the following matters:
require satisfactory evidence that the applicant has im-                                        (a) Operation and inspection requirements for termi-
plemented, or is in the process of implementing, state                                       nal facilities, vessels, and other matters relating to certi-
and federal plans and regulations for prevention, con-                                       fication under ss. 376.011-376.21, but shall not require
trol, and abatement of pollution when a discharge oc-                                        vessels to maintain spill prevention gear, holding tanks
curs .                                                                                       of any kind, and containment gear in excess of federal
    (4) Registration certificates issued to any terminal                                     requirements .
facility shall include vessels used to transport pollutants                                     (b) Procedures and methods of reporting dis-
between the facility and vessels within state waters.                                        charges and other occurrences prohibited by ss .
    (5) The department shall require, in connection with                                     376.011 -376.21.
the issuance of a terminal facility registration certificate,                                   (c) Procedures, methods, means, and equipment to
the payment of a reasonable fee for processing applica-                                      be used by persons subject to regulation by ss. 376.011-
tions for registration certificates. This fee shall be in ad-                                376.21 in the removal of pollutants.
dition to the excise tax imposed by s. 376.11 (4). The fee                                      (d) Development and implementation of criteria and
shall be reasonably related to the administrative costs                                      plans to meet pollution occurrences of various degrees
of verifying data submitted pursuant to obtaining the                                        and kinds.
certificates and reasonable inspections; however, the                                           (e) Creation by contract or administrative action of
fee shall not exceed $250 per terminal facility per year.                                    a state response team which shall be responsible for
    (6) No later than October 1, 1974, every owner or op-                                    creating and maintaining a contingency plan of re-
erator of a terminal facility shall obtain a registration cer-                               sponse, organization, and equipment for handling emer-
tificate. The department shall issue a registration certifi-                                 gency cleanup operations. The state plans shall include
                                                                                         532
F.S. 1985                                  POLLUTANT DISCHARGE PREVENTION AND REMOVAL                                                              Ch. 376

detailed emergency operating procedures for the state                 move, and abate the discharge to the department's sat-
as a whole and the team shall from time to time conduct               isfaction. Notwithstanding the above requirement, the
practice alerts. These plans shall be filed with the Gover-           department may undertake the removal of the discharge
nor and all Coast Guard stations in the state and Coast               and may contract and retain agents who shall operate
Guard captains of the port having responsibility for en-              under the direction of the department.
forcement of federal pollution laws within the state , on                (2) If the person causing a discharge, or the person
or before January 1, 1975. The contingency plan shall in-             in charge of facilities at which a discharge has taken
clude all necessary information for the total containment             place , fails to act, the department may arrange for the
and cleanup of pollution , including but not limited to an            removal of the pollutant, except that if the pollutant was
inventory of equipment and its location , a table of organi-          discharged into or upon the navigable waters of the
zation with the names, addresses, and telephone num-                  United States, the department shall act in accordance
bers of all persons responsible for implementing every                with the national contingency plan for removal of such
phase of the plan , a list of available sources of supplies           pollutant as established pursuant to the Federal Water
necessary for cleanup, and a designation of priority                  Pollution Control Act, as amended , and the costs of re-
zones to determine the sequence and methods of clean-                 moval incurred by the department shall be paid in ac-
up. The state response team shall act independently of                cordance with the applicable provisions of said law. Fed-
agencies of the Federal Government but is directed to                 eral funds provided under said act shall be used to the
cooperate with any federal cleanup operation.                         maximum extent possible prior to the expenditure of
   (f) Requirements for minimum weather and sea con-                  state funds.
ditions for permitting a vessel to enter port and for the                (3) In the event of discharge the source of which is
safety and operation of vessels, barges , tugs , motor ve-            unknown , any local discharge cleanup1 organization
hicles, motorized equipment, and other equipment relat-               shall , upon the request of the department or its desig-
ing to the use and operation of terminals, facilities, and            nee, immediately contain and remove the discharge. No
refineries, the approach and departure from terminals,                action taken by any person to contain or remove a dis-
facilities , and refineries and requirements that contain-            charge, whether such action is taken voluntarily or at the
ment gear approved by the department be on hand and                   request of the department or its designee, shall be con-
maintained by terminal facilities and refineries with ade-            strued as an admission of liability for the discharge.
quate personnel trained in its use.                                      (4) No person who, voluntarily or at the request of
   (g) Requirements that, prior to being granted entry                the department or its designee, renders assistance in
into any port in this state, the master of a vessel shall             containing or removing pollutants shall be liable for any
report:                                                               civil damages to third parties resulting solely from acts
   1. Any discharges of pollutants the vessel has had                 or omissions of such person in rendering such assist-
since leaving the last port;                                          ance, except for acts or omissions amounting to gross
   2. Any mechanical problem on the vessel which                      negligence or willful misconduct.
creates the possibility of a discharge; and                              (5) Nothing in ss . 376.011-376.21 shall affect the
   3. Any denial of entry into any port during the cur-               right of any person to render assistance in containing or
rent cruise of the vessel.                                            removing any pollutant or any rights which that person
                                                                      may have against any third party whose acts or omis-
Any person who shall make or cause to be made any                     sions in any way have caused or contributed to the dis-
false statement in response to requirements of any pro-               charge of the pollutant.
visions of ss. 376.011-376.21 with a fraudulent intent                   (6) Any person who renders assistance in containing
shall be guilty of a felony of the second degree, punish-             or removing any pollutant may be eligible for reimburse-
able as provided in s. 775.082, s. 775.083, or s. 775.084,            ment of the cost of containment or removal, provided pri-
as required in s. 837 .01 .                                           or approval for such reimbursement is granted by the
   (h) Requirements that any registrant causing or per-               department. The department may, upon petition and for
mitting the discharge of a pollutant in violation of the pro-         good cause shown, waive the prior-approval prerequi-
visions of ss. 376.011-376.21 , and at other reasonable               site.
times, be subject to a complete and thorough inspec-                      Hlatory.-s. 8, ch. 70-244; s. 1, ch . 70-439; s. 9 , ch. 74·336; s. 2, ch. 80-382.
tion . If the department determines there are unsatisfac-
tory preventive measures or containment and cleanup                      376.10 Personnel and equipment.- The depart-
capabilities , it shall , a reasonable time after notice and          ment shall establish and maintain at such ports within
hearing in compliance with chapter 120, suspend the                   the state and other places as it shall determine such em-
registration until such time as there is compliance with              ployees and equipment, other than equipment furnished
the department requirements .                                         by the registrant, as in its judgment may be necessary
   (i) Such other rules and regulations as the exigen-                to carry out the provisions of ss . 376.011 -376.21 . The de-
cies of any condition may require or as may reasonably                partment may employ and prescribe the duties of such
be necessary to carry out the intent of ss. 376.011-                  employees, subject to the rules and regulations of the
376.21 .                                                              Division of Personnel Management Services of the De-
 Hlatory.-s. 7, ch. 70·244; s. 7, ch . 74-336; s. 1, ch . 77-174.     partment of Administration . The salaries of the employ-
                                                                      ees and the cost of the equipment shall be paid from the
  376.09 Removal of prohibited discharges.-                           Florida Coastal Protection Trust Fund established by ss.
  (1) Any person discharging pollutants as prohibited                 376.011-376.21 . The department shall periodically con-
by s. 376.041 shall immediately undertake to contain , re-            sult with other departments of the state and specifically
                                                                    533
Ch.376                                      POLLUTANT DISCHARGE PREVENTION AND REMOVAL                                                       F.S. 1985

with the Department of Environmental Regulation rela-                                         3. The recipient port authority or appropriate gov-
tive to procedures for the prevention of discharges of                                     ernmental entity shall contribute not less than 50 per-
pollutants into or affecting the coastal waters of the                                     cent of the cost of the acquisition of a spoil disposal site.
state from operations regulated by ss. 376.D11-376.21 .                                    Such contribution may include land owned or improve-
  Hlstory.-s. 9, ch . 70-244; s. 2, ch. 71·137; s. 1, ch. 73-326; s. 10, ch . 74·336; s.   ments to the spoil disposal site. The department shall
63, ch. 79·65; s. 10, ch. 85-68; s. 38, ch. 85-81 .
                                                                                           establish procedures for the payment of funds and
   376.11 Florida Coastal Protection Trust Fund.-                                          matching contributions consistent with the provisions
   (1) The purpose of this section is to provide a mech-                                   herein.
anism to have financial resources immediately available                                       4.a. Any moneys received from the sale of dredged
for cleanup and rehabilitation after a pollutant has been                                  materials deposited on a spoil disposal site acquired or
discharged, to prevent further damage by the pollutant,                                    improved hereunder, or from the sale of an acquired
and to pay for damages. It is the legislative intent that                                  spoil disposal site, shall be paid to the fund until the fund
this section be liberally construed to effect the purposes                                 has been reimbursed for its participation in the purchase
set forth, such interpretation being especially imperative                                 or improvement of that site. Any remaining funds shall
in light of the danger to the environment and resources .                                  be paid to the contributing governmental entity until that
   (2) The Florida Coastal Protection Trust Fund is es-                                    entity has been reimbursed for its contribution . Any
                                                                                           funds remaining thereafter shall be paid to the fund.
tablished, to be used by the department as a nonlapsing
                                                                                              b. Any revenue received, except from the sale of
revolving fund for carrying out the purposes of ss.
                                                                                           spoil or for revenues pledged as a bonding obligation in-
376,011-376.21 . To this fund shall be credited all excise
                                                                                           curred prior to state participation in the project, after the
taxes, registration fees, penalties, judgments, and other
                                                                                           acquisition or improvement of a disposal site shall be
fees and charges related toss. 376,011-376.21 . Charges                                    paid to the Florida Coastal Protection Trust Fund until
against the fund shall be in accordance with this sec-                                     said fund has been reimbursed, with interest, at the stat-
tion .                                                                                     utory legal interest rate, for its participation in the pur-
   (3)(a) Moneys in the fund that are not needed cur-                                      chase or improvement of said site. Any remaining reve-
rently to meet the obligations of the department in the                                    nue shall be paid to the applicant. Any revenue received
exercise of its responsibilities under ss. 376.011 -376.21                                 from the sale of spoil shall be repaid in accordance with
shall be deposited with the Treasurer to the credit of the                                 subparagraph 4.a.
fund and may be invested in such manner as is provided                                        (4)(a) There is hereby levied, to be collected from
for by statute. Interest received on such investment shall                                 and paid by each registrant, including facilities subject
be credited to the fund .                                                                  to the excise tax levied by ss. 376.30-376.315, an excise
   (b)1 . Effective July 1, 1980, 50 percent of the inter-                                 tax upon each registrant for the privilege of operating a
est earned from investments of the fund when the bal-                                      terminal facility and handling all pollutants covered by
ance of the fund is greater than $30 million shall be used                                 ss. 376,011-376.21, the amount of which is to be deter-
for the acquisition of spoil disposal sites and improve-                                   mined by the department as measured by the volume
ments to existing and future spoil sites for the ports of                                  in barrels of liquid pollutants transferred to or from the
St. Petersburg Bayboro Harbor, Jacksonville, Port Ca-                                      registrant.
naveral, Ft. Pierce, Palm Beach, Port Everglades, Miami ,                                     (b) The excise tax shall be 2 cents per barrel trans-
Port Manatee, Port St. Joe, Tampa, Panama City, Pensa-                                     ferred until the balance in the fund equals or exceeds
cola, and other navigable waters of the state. In the                                      $30 million . For the fiscal year immediately following the
event that the balance of the fund is reduced to $30 mil-                                  year in which the balance in the fund equals or exceeds
lion or less, the interest normally accruing to the priority                               $30 million, no excise tax shall be levied unless:
acquisition and improvement program for spoil disposal                                        1. The balance in the fund is less than or equal to
sites shall be discontinued until the balance of the fund                                  $25 million. For the fiscal year immediately following the
exceeds $30 million. The provisions of this subpara-                                       year in which the balance in the fund is less than or
graph shall not apply if the Federal Government pre-                                       equal to $25 million, the excise tax shall be and shall re-
empts the authority to levy, collect , and use an excise                                   main 2 cents per barrel transferred until the fund again
tax pursuant to this section or if the Governor and Cabi-                                  equals or exceeds $30 million. For the fiscal year imme-
net declare an emergency related to a major pollutant                                      diately following the year in which the fund again is
hazard.                                                                                    equal to or exceeds $30 million, the excise tax and fund
   2. The Department of Natural Resources shall estab-                                     shall be controlled as when the fund first was equal to
lish a priority acquisition and improvement program for                                    or exceeded $30 million.
spoil disposal sites, which sites are to be acquired using                                    2. There is a discharge of catastrophic proportions,
moneys from the fund , after considering all recommen-                                     the results of which could significantly reduce the bal-
dations received . Such priority acquisition and improve-                                  ance in the fund. In the event of such a catastrophic oc-
ment program shall take into consideration, but not limit                                  currence, the Governor and Cabinet as the head of the
consideration to, the existing need of each port for spoil                                 Department of Natural Resources may, by rule, relevy
disposal sites, the frequency and volume of mainte-                                        the excise tax in an amount not to exceed 10 cents per
nance dredging at each port, the movement of petrole-                                      barrel for a period of time sufficient to maintain the fund
um and other pollutant hazards at each port , the protec-                                  at a balance of $30 million, after payment of the costs
tion of recreational and environmental quality, and                                        and damages related to the catastrophic discharge.
whether the proposed site meets the permit require-                                           3. The fund is unable to pay any proven claims
ments of chapters 403 and 253.                                                             against the fund at the end of the fiscal year. Notwith-
                                                                                       534
F.S. 1985                     POLLUTANT DISCHARGE PREVENTION AND REMOVAL                                                                       Ch. 376

standing any other provision of this section, for the fiscal    sources damaged by the discharge of pollutants, wheth-
year following the year in which the fund is unable to pay      er performed or authorized by the department or any
any proven claims against the fund at the end of the fis-       other state or local agency.
cal year, the excise tax shall be and shall remain 5 cents         (d) All provable costs and damages which are the
per barrel transferred until all outstanding proven claims      proximate results of the discharge of pollutants covered
have been paid and the fund again equals or exceeds             by ss. 376.011-376.21.
$10 million. For the fiscal year immediately following the         (e) The acquisition of spoil disposal sites and im-
year in which the fund, after levy of the 5-cent excise tax,    provements to existing and future spoil sites for the
again is equal to or exceeds $10 million, the excise tax        ports of St. Petersburg Bayboro Harbor, Jacksonville,
and fund shall be controlled in accordance with sub-            Port Canaveral, Ft. Pierce, Palm Beach, Port Everglades,
paragraph 1., unless otherwise provided.                        Miami, Port Manatee, Port St. Joe, Tampa, Panama City,
    4. The fund has had appropriated to it by the Legis-        Pensacola, and other navigable waters of the state.
lature, but has not yet repaid, state funds from the Gen-          (f) A one-time expenditure of $11 million to the Water
eral Revenue Fund. In such event, the excise tax shall          Quality Assurance Trust Fund created in s. 376.307.
continue to be in effect until all such funds are repaid to        (g) An annual expenditure of up to 50 percent of the
the General Revenue Fund.                                       interest earned from investments of the Florida Coastal
    (c) The excise tax provided for in this section shall       Protection Trust Fund when the balance is greater than
be collected monthly by the Department of Revenue on            $30 million, to the Water Quality Assurance Trust Fund
the basis of records certified to the Department of Reve-
                                                                created pursuant to s. 376.307; however, this expendi-
nue and Department of Natural Resources and shall be
                                                                ture shall be reduced by any administrative expenses,
credited to the fund. However, for the purposes of this
                                                                personnel expenses, and equipment costs of the de-
section, the excise tax on each barrel of the pollutant
shall be imposed only once, at the first transfer of the        partment related to the enforcement of ss. 376.011-
specific pollutant. Each tax barrel of the specific pollu-      376.21.
tant shall only be considered once for the purpose of this         (h) The service charge imposed pursuant to chapter
excise tax. This excise tax shall be in addition to all other   215.
taxes imposed upon or paid by the registrant. However,             (i) The funding of a grant program to coastal local
any terminal facility with a storage capacity of 250 bar-       governments, pursuant to s. 376.15(2)(b) and (c), for the
rels or less shall report and pay the excise tax semiannu-      removal of derelict vessels from the public waters of the
ally.                                                           state.
    (d) Except for the 3-percent collection allowance,             (6) Any interest in lands acquired using moneys in
the same duties and privileges imposed by chapter 212           the Florida Coastal Protection Trust Fund shall be held
respecting the remission of tax; the making of returns;         by the Trustees of the Internal Improvement Trust Fund,
penalties and interest; the keeping of books, records ,         and such lands shall be acquired pursuant to the proce-
and accounts; and the compliance with the rules of the          dures set forth in s. 253.025.
Department of Revenue in the administration of that                (7) The department shall recover to the use of the
chapter apply to, and are binding on, all registrants who       fund from the person or persons causing the discharge
are subject to this section, except for the provisions of       or from the Federal Government, jointly and severally, all
s. 212.12(1).                                                   sums owed or expended from the fund, pursuant to 3 s.
    (e) The Department of Revenue shall maintain rec-           376.12(3), except that recoveries resulting from damage
ords indicating the amount of taxes collected . These           due to a discharge of a pollutant or other similar disaster
records shall be confidential, as provided in 1s. 213.072.      shall be apportioned between the Florida Coastal Pro-
    (f) The Department of Revenue shall promulgate              tection Trust Fund and the General Revenue Fund so as
rules, establish audit procedures for the audit of regis-       to repay the full costs to the General Revenue Fund of
trants under this section, assess for delinquencies, and        any sums disbursed therefrom as a result of such disas-
prescribe and publish such forms as may be necessary            ter. Requests for reimbursement to the fund for the
to effectuate the purposes of this section.                     above costs, if not paid within 30 days of demand, shall
    (g) The Department of Revenue, according to the             be turned over to the Department of Legal Affairs for col-
applicable rules of the Career Service Commission, is           lection.
authorized to employ persons and incur other expenses               Hlatory.-s. 11 , ch. 70-244; s. 1, ch . 70-439; s. 2, ch. 71·137; s. 11 , ch. 74-336; s.
                                                                3, ch. 80-382; s. 4, ch. 81 -228; s. 82, ch. 83-310; s. 14, ch. 83-339; s. 1, ch. 83-353;
for which funds are appropriated by the Legislature.            s. 4, ch. 84-336; s. 6, ch. 85-252.
  2 (5)  Moneys in the Florida Coastal Protection Trust           1 Note.-Section 213.072 was repealed by s. 4, ch. 80-222.
                                                                  •Note.-The amendment of this subsection by s. 1 of ch. 83-353 during the special
Fund shall be disbursed for the following purposes and          session of July 12-1 3, 1983, failed to incorporate the amendment of the same sub-
no others:                                                      section by s. 14, ch. 83-339, during the special session of June 15-24, 1983. Although
                                                                the circumstance that separate sessions were involved takes the transaction out of
    (a) Administrative expenses, personnel expenses,            the operation of s. 1.04, there was no apparent intent to nullify the amendment of
and equipment costs of the department related to the            the June 15-24 special session. Therefore, the subsection as published gives full ef-
                                                                fect to both amendments.
enforcement of ss. 376.011-376.21 subject to s. 376.185.          •Note.-The reference to ·s. 376.12(3)' was substituted for's . 376.12(4)' by the edi·
    (b) All immediate costs involved in the abatement of        tors to conform to the renumbering necessitated by the repeal of formers . 376.12(3)
                                                                by s. 5, ch. 80-382.
pollution related to the discharge of pollutants covered        cf.-ss. 215.20, 215.22 Service charge deduction for cost of general government
by ss . 376.011-376.21 and the abatement of other poten-                  paid from General Revenue Fund.
tial pollution hazards as authorized herein.
    (c) All costs and expenses of the cleanup and reha-            376.12 Liabilities and defenses of terminal facili-
bilitation of waterfowl, wildlife, and all other natural re-    ties and vessels.-
                                                            535
Ch.376                        POLLUTANT DISCHARGE PREVENTION AND REMOVAL                                            F.S. 1985

    (1) Because it is the intent of ss. 376.011-376.21 to       ages omitted from any claim at the time the award is
provide the means for rapid and effective cleanup and           made shall be deemed waived .
to minimize damages, any vessel, or its agents or ser-             (d) If a person damaged by a discharge of pollutant
vants, who permits or suffers a prohibited discharge or         chooses to make a claim against the fund and accepts
other polluting condition to take place within state            payment from, or a judgment against, the fund, then the
boundaries shall be liable to the fund for all costs of         department shall be subrogated to any cause of action
cleanup or abatement, up to an amount not to exceed             that the claimant may have had, to the extent of such
$14 million or $100 per gross registered ton of such ves-       payment or judgment, and shall diligently pursue recov-
sel, whichever is the lesser. When the department can           ery on that cause of action pursuant to subsection (4)
show that such discharge was the result of willful or           and s. 376.11 (7). In any such action, the amount of dam-
gross negligence or willful misconduct within the privity       ages shall be proved by the department by submitting
or knowledge of the owner or operator or agent thereof,         to the court a written report of the amounts paid or owed
such owner or operator shall be liable to the fund for the      frorl] the fund to claimants. Such written report shall be
full amount of such sums expended. When a discharge             admissible in evidence, and the amounts paid from or
of pollutants occurs from a terminal facility, recovery of      owed by the fund to the claimants stated therein shall
costs of abatement and cleanup shall be limited to an           be irrebuttably presumed to be the amount of damages.
amount not to exceed $8 million, except that when the              (e) The fund is absolutely liable for all proven dam-
department can show that such discharge was the re-             ages against the fund as provided for in this section.
sult of willful or gross negligence or willful misconduct          (f) The department shall be a necessary party to all
within the privity or knowledge of the owner or operator,       administrative hearings and court proceedings under
such owner or operator shall be liable to the fund for the      this section.
full amount of such sums expended. In addition to the              (3) It shall be the duty of the department in adminis-
foregoing costs of cleanup, terminal facilities shall be lia-   tering the fund diligently to pursue the reimbursement
ble to the fund for all damages in accordance with the          to the fund of any sum expended from the fund for clean-
terms of subsections (2), (3), and (4) and s. 376.11 (7) .      up, abatement, and damages in accordance with the
    (2) Any person claiming to have suffered damages            provisions of ss. 376.011-376.21. In any suit to enforce
as a result of a discharge of pollutants prohibited by s.       claims of the fund under ss. 376.011-376.21, it shall not
                                                                be necessary for the department in administering the
376.041 may, within 180 days after the date of such dis-
                                                                fund to plead or prove negligence in any form or manner.
charge, apply to the department for reimbursement from
                                                                The department in administering the fund need only
the Florida Coastal Protection Trust Fund. It shall be the
                                                                plead and prove that the prohibited discharge or other
responsibility of the claimant to provide the department
                                                                polluting condition occurred. The only defenses of a per-
with the required documentation concerning the dam-             son alleged to be responsible for the discharge to an ac-
ages suffered as a direct result of the discharge. The de-      tion for damages, costs, and expenses of cleanup, or
partment shall prescribe appropriate forms and details          abatement shall be to plead and prove that the occur-
for such application, which application shall include a         rence was solely the result of any of the following or any
provision requiring the applicant to make a sworn verifi-       combination of the following:
cation of the damage claim to the best of his knowledge.           (a) An act of war.
The director of the department may, upon petition and              (b) An act of government, either state, federal, or
for good cause shown, waive the 180-day limitation for          municipal.
filing damage claims.                                              (c) An act of God, which means only an unforesee-
    (a) The director shall establish the amount of dam-         able act exclusively occasioned by the violence of na-
age award and shall certify the amount of the award and         ture without the interference of any human agency.
the name of the claimant to the Treasurer, who shall pay           (d) An act or omission of a third party, without re-
the award from the fund, subject to the provisions of           gard to whether any such act or omission was or was not
subsection (5). If the claimant agrees with the estab-          negligent.
lished amount of damage, the settlement shall be bind-             (4) In the event the total awards against the fund
ing upon both parties as to all issues and cannot be fur-       shall exceed the present balance of the fund, the claim-
ther attacked, collaterally or by separate action, in the       ants shall be paid from the future income of the fund .
future. If the total amount of such awards exceeds the             (5) In the event the total awards for a specific occur-
amount available to any claimant or claimants from the          rence exceed the current balance of the fund, the imme-
fund, such claimant or claimants shall have the right to        diate award shall be paid on a prorated basis, and all
a pro rata share of all funds available in the fund until the   claimants paid on a prorated basis shall be paid a pro
total amount of awards is paid to the claimant or claim-        rata share of all funds received by the fund until the total
ants.                                                           amount of the proven damages is paid to the claimant
    (b) If either the claimant or the person determined         or claimants . However, amounts collected by the fund
by the director to be responsible for the discharge dis-        from the prosecution of causes of action pursuant to
agrees with the amount of the damage award, such per-           paragraph (2)(d) and subsection (4) shall be utilized to
son may request a hearing pursuant to s. 120.57. If a           satisfy the claims as to which such prosecutions relate
hearing is requested, the final order shall be issued by        to the extent theretofore unsatisfied.
the Governor and Cabinet as head of the department.                (6) Nothing contained herein shall be construed to
    (c) Each person's damage claims arising from a sin-         limit the liability of vessels, terminal facilities, or the fund
gle occurrence shall be stated in one application. Dam-         for damages.
                                                            536
F.S. 1985                                 POLLUTANT DISCHARGE PREVENTION AND REMOVAL                                                                        Ch.376

   (7) In addition to the civil penalty, the pilot and the                                376.14 Terminal facilities and vessels; financial re-
master of any vessel or person in charge of any terminal                                sponsibility.-
facility who fails to give immediate notification of a dis-                                 (1) Each owner or operator of a terminal facility or
charge to the department or the nearest Coast Guard                                     vessel, including any barge, using any port in Florida
station shall be guilty of a felony of the third degree, pun-                           shall be required to establish and maintain evidence of
ishable as provided in s. 775.082, s. 775.083, or s.                                    financial responsibility pursuant to federal laws and reg-
775.084. After reporting a discharge, a vessel shall re-                                ulations. Such evidence of financial responsibility shall
main in the jurisdiction of the department sufficient time                              be the only evidence required by the department that
to prove financial responsibility for the damages result-                               such registrant or vessel has the ability to meet the liabil-
ing from the discharge. The pilot and master of a vessel                                ities which may be incurred under ss. 376,011-376.21.
which fails to remain in the jurisdiction of the department                                 (2) Any claim brought pursuant to ss. 376 .011-
for a reasonable time after notice of a discharge shall be                              376.21 by the fund or any damaged party may be
guilty of a felony of the third degree, punishable as pro-                              brought directly against the bond, the insurer, or any
vided in s. 775.082, s. 775.083, or s. 775.084. In no event                             other person providing a terminal facility or vessel with
shall the department detain the vessel longer than 12                                   evidence of financial responsibility.
hours after proving financial responsibility. The depart-                                   (3) Each owner or operator of a terminal facility or
ment shall, by rules and regulations, require that the reg-                             vessel subject to the provisions of ss. 376.011-376.21
istrant designate a person at the terminal facility who                                 shall designate a person in the state as his legal agent
shall be the person in charge of that facility for the pur-                             for service of process under ss. 376.011-376.21, and
poses specified by this section.                                                        such designation shall be filed with the Department of
  Hiatory.-s. 12, ch. 70-244; s. 326, ch . 71-136; s. 12, ch. 74-336; ss. 4, 5, ch.
80·362.                                                                                 State. In the absence of such designation, the Secretary
                                                                                        of State shall be the designated agent for purposes of
  376.13 Emergency proclamation; Governor's pow-                                        service of process under ss. 376,011-376.21 .
ers.-                                                                                    Hlatory.-s. 14, ch. 70-244; s. 1, ch. 70·439; s. 13, ch. 74-336.
   (1) Whenever any emergency exists or appears im-
minent, arising from the discharge of oil, petroleum prod-                                376.15 Derelict vessels; removal from public wa-
ucts or their byproducts, or any other pollutants, the                                  ters.-
Governor shall by proclamation declare the fact and that                                 (1) It is unlawful for any person, firm, or corporation
a state of emergency exists in any or all sections of the                             to store or leave any vessel in a wrecked, junked, or sub-
state. If the Governor is unavailable, the Lieutenant Gov-                            stantially dismantled condition or abandoned upon any
ernor shall, by proclamation, declare the fact and that a                             public waters or at any port in this state without the con-
state of emergency exists in any or all sections of the                               sent of the agency having jurisdiction thereof or docked
state. A copy of such proclamation shall be filed with the                            at any private property without the consent of the owner
Department of State.                                                                  of the private property.
   (2) In performing his duties under this section, the                                  (2)(a) The department is hereby designated as the
Governor is authorized and directed to cooperate with                                 agency of the state authorized and empowered to re-
all departments and agencies of the Federal Govern-                                   move any derelict vessel as described in subsection (1)
ment, the offices and agencies of other states and for-                               from public waters.
eign countries and the political subdivisions thereof, and                               (b) The department may establish a program to pro-
private agencies in all matters pertaining to an emergen-                             vide grants to coastal local governments for the removal
cy as described herein.                                                               of derelict vessels from the public waters of the state.
   (3) In performing his duties under this section, the                               The program shall be funded from the Florida Coastal
Governor is further authorized and empowered:                                         Protection Trust Fund. Notwithstanding the provisions in
   (a) To make, amend, and rescind the necessary or-                                  s. 216.181 (8), funds available for grants may only be au-
ders, rules, and regulations to carry out this section with-                          thorized by appropriations acts of the Legislature.
in the limits of the authority conferred upon him and not                                (c) The department shall adopt by rule procedures
inconsistent with the rules, regulations, and directives of                           for submitting a grant application and criteria for allocat-
the President of the United States or of any federal de-                              ing available funds . Such criteria shall include, but not
partment or agency having specifically authorized emer-                               be limited to, the following:
gency functions.                                                                         1. The number of derelict vessels within the jurisdic-
   (b) To delegate any authority vested in him under                                  tion of the applicant.
this section and to provide for the subdelegation of any                                 2. The threat posed by such vessels to public health
such authority.
                                                                                      or safety, the environment, navigation, or the aesthetic
   (4) Whenever the Governor is satisfied that an emer-
                                                                                      condition of the general vicinity.
gency no longer exists, he may terminate the proclama-
                                                                                         3. The degree of commitment of the local govern-
tion by another proclamation affecting the sections of
                                                                                      ment to maintain waters free of abandoned and derelict
the state covered by the original proclamation, or any
part thereof. The proclamation shall be published in                                  vessels and to seek legal action against those who
such newspapers of the state and posted in such places                                abandon vessels in the waters of the state.
as the Governor, or any person acting in that capacity,                                  (d) This section shall constitute the authority of the
deems appropriate.                                                                    department for such removal, but is not intended to be
  Hiatory.-s. 13, ch. 70-244; s. 1, ch. 70·439; s. 39, ch. 83·334.                    in contravention of any applicable federal act.
                                                                                  537
Ch.376                                    POLLUTANT DISCHARGE PREVENTION AND REMOVAL                                                                          F.S. 1985

  (e) The Department of Legal Affairs shall represent                                     376.20 Limitation on application.-Nothing in ss.
the Department of Natural Resources in such actions.                                   376.011-376.21 shall be deemed to apply to the storage
 Hlatory.-s. 15, ch. 70-244; s. 1, ch. 70-439; s. 6, ch. 80-382; s. 7, ch. 85-252.     or transportation of liquefied petroleum gas or to indus-
                                                                                       trial effluents discharged into the waters or atmosphere
   376.16 Enforcement and penalties.-                                                  of the state pursuant to either a federal or state permit.
   (1) It is unlawful for any person to violate any provi-                                 Hlatory.-s. 20, ch. 70·244; s. 2, ch. 71-137; s. 17, ch. 74·336.
sion of ss. 376.011-376.21 or any rule, regulation, or or-
der of the department made hereunder. Violation shall                                     376.205 Individual cause of action for damages un-
be punishable by a civil penalty of up to $50,000 per vio-                             der ss. 376.011-376.21.-The remedies in this act shall
lation per day to be assessed by the department. Each                                  be deemed to be cumulative and not exclusive. Nothing
day during any portion of which the violation occurs con-                              in this act shall require pursuit of any claim against the
stitutes a separate offense.                                                           fund as a condition precedent to any other remedy. Not-
   (2) Penalties assessed herein for a discharge shall                                 withstanding any other provision of law, nothing con-
be the only penalties assessed by the state, and the as-                               tained herein shall prohibit any person from bringing a
                                                                                       cause of action in a court of competent jurisdiction for
sessed person or persons shall be excused from paying
                                                                                       all damages resulting from a discharge or other condi-
any additional penalty for water pollution assessable un-
                                                                                       tion of pollution covered by ss. 376.011-376.21. In any
der chapter 403 for the same occurrence.
                                                                                       such suit, it shall not be necessary for the person to
   (3) The penalty provisions of this section shall not
                                                                                       plead or prove negligence in any form or manner. Such
apply to any discharge promptly reported and removed                                   person need only plead and prove the fact of the prohib-
by a registrant or vessel in accordance with the rules,                                ited discharge or other pollutive condition and that it oc-
regulations, and orders of the department.                                             curred. The only defenses to such cause of action shall
 Hlatory.-ss. 10, 16, ch. 70-244; ss. 7, 14, ch. 74-336.
                                                                                       be those specified in subsection 376.12(4). In addition
  376.165 "Hold-harmless" agreements prohibited.                                       to any other remedy, the injured party shall be entitled
-Any agreement entered into after July 1, 1974, to                                     to recover costs of the action and reasonable attorneys'
"hold-harmless" a vessel or terminal facility from liability                           fees.
                                                                                           Hlatory.-s. 18, ch. 74·336.
for the occurrence of a discharge prohibited by ss.
376.011-376.21, agreed to by a governmental agency or                                     376.21 Construction of ss. 376.011-376.21.-Sec-
political subdivision, is deemed contrary to public policy                             tions 376.011-376.21, being necessary for the general
and is hereby prohibited.                                                              welfare and the public health and safety of the state and
 Hlatory.-s. 14, ch. 74-336.
                                                                                       its inhabitants, shall be liberally construed to effect the
                                                                                       purposes set forth under ss . 376.011-376.21 and the
   376.17 Reports to the Legislature.-The depart-                                      Federal Water Pollution Control Act, as amended.
ment shall include in its recommendations to each regu-                                    Hlatory.-s. 21 , ch. 70-244; s. 19, ch. 74-336.
lar session of the Legislature specific recommendations
relating to the operation of ss. 376.011-376.21 .                                         376.30 Legislative intent with respect to pollution
 Hlatory.-s. 17, ch. 70-244; s. 15, ch . 74-336.                                       of surface and ground waters.-
                                                                                          (1) The Legislature finds and declares that the pres-
   376.185 Budget approval.-The department shall                                       ervation of surface and ground waters is a matter of the
submit to each regular session of the Legislature its bud-                             highest urgency and priority, and that such use can only
get recommendations for disbursements from the fund                                    be served effectively by maintaining the quality of inland
pursuant only to s. 376.11 (5)(a). Upon appropriation                                  waters in as close to a pristine condition as possible, tak-
thereof by the Legislature, the Comptroller shall autho-                               ing into account multiple-use accommodations neces-
rize expenditures therefrom as approved by the depart-                                 sary to provide the broadest possible promotion of pub-
ment.                                                                                  lic and private interests.
 Hlatory.-s. 2, ch. 83·353.                                                               (2) The Legislature further finds and declares that:
                                                                                          (a) The storage of pollutants within the jurisdiction
   376.19 County and municipal ordinances; powers                                      of the state and state inland waters is a hazardous un-
limited.-Nothing in ss. 376.Q11-376.21 shall be con-                                   dertaking;
strued to deny any county or municipality authority to ex-                                (b) Spills, discharges, and escapes of pollutants
ercise police powers by ordinance or law under any gen-                                that occur as a result of procedures taken by private and
eral or special act, and laws and ordinances promulgat-                                governmental entities involving the storage of such
ed in furtherance of the intent of ss. 376.011-376.21 to                               products pose threats of great danger and damage to
promote the general welfare, public health, and public                                 the environment of the state, to citizens of the state, and
safety shall be valid unless in direct conflict with the pro-                          to other interests deriving livelihood from the state;
visions of ss. 376.011-376.21 or any rule, regulation, or                                 (c) Such hazards have occurred in the past, are oc-
order of the department adopted under authority of ss.                                 curring now, and present future threats of potentially
376.011-376.21. However, in order to avoid unnecessary                                 catastrophic proportions, all of which are expressly de-
duplication, no county, municipality, or other political                               clared to be inimical to the paramount interests of the
subdivision of the state may adopt or establish a similar                              state as set forth in this section; and
program of licensing and fees for the accomplishment                                      (d) Such state interests outweigh any economic bur-
of the purposes of ss. 376.011-376.21.                                                 dens imposed by the Legislature upon those engaged
 Hlatory.-s. 19, ch. 70-244.                                                           in storing pollutants and related activities.
                                                                                     538
F.S. 1985                               POLLUTANT DISCHARGE PREVENTION AND REMOVAL                               Ch.376

   (3) The Legislature intends by the enactment of ss.           (1 0) "Pollutants" includes any "product" as defined in
376.30-376.315 to exercise the police power of the state      s. 377.19(11 ), pesticides, ammonia, chlorine, and deriva-
by conferring upon the Department of Environmental            tives thereof, excluding liquefied petroleum gas.
Regulation the power to:                                         (11) "Pollution" means the presence on the land or
   (a) Deal with the hazards and threats of danger and        in the waters of the state of pollutants in quantities
damage posed by such storage and related activities;          which are or may be potentially harmful or injurious to
   (b) Require the prompt containment and removal of          human health or welfare, animal or plant life, or property
products occasioned thereby; and                              or which may unreasonably interfere with the enjoyment
   (c) Establish a fund to provide for the inspection and     of life or property, including outdoor recreation.
supervision of such activities and guarantee the prompt          (12) "Secretary" means the secretary of the Depart-
payment of reasonable costs resulting therefrom.              ment of Environmental Regulation .
                                                                 Hlatory.-s. 84, ch. 83-310; s. 6, ch. 84-338.
   (4) The Legislature further finds and declares that
the preservation of the quality of surface and ground wa-        376.302 Discharge of pollutants prohibited.-The
ters is of prime public interest and concern to the state     discharge of pollutants into or upon any waters of the
in promoting its general welfare, preventing disease,         state or lands, which discharge violates any departmen-
promoting health, and providing for the public safety         tal "standard" as defined ins. 403.803(13), is prohibited.
and that the interest of the state in such preservation          Hlatory.-s. 84, ch. 83-310; s. 8, ch. 84-338.
outweighs any burdens of liability imposed by the Legis-
lature upon those persons engaged in storing pollutants         376.303 Powers and duties of the Department of
and related activities.                                      Environmental Regulation.-
   (5) The Legislature further declares that it is the in-      (1) The department has the power and the duty to:
tent of ss. 376.30-376.315 to support and complement            (a) Establish rules, including, but not limited to, con-
applicable provisions of the Federal Water Pollution         struction standards, permitting of tanks, maintenance
Control Act, as amended, specifically those provisions       and installation standards, and removal or disposal stan-
relating to the national contingency plan for removal of     dards, to implement the intent of ss. 376.30-376.317 and
pollutants.                                                  to regulate underground and aboveground facilities and
 Hiatory.-s. 84, ch. 83-310; s. 5, ch. 84-338.               their onsite integral piping systems not covered by ss.
                                                             376.011-376.21, except for aboveground crude oil stor-
   376.301 Definitions of terms used in ss. 376.30-          age tanks covered by chapter 377.
376.317.-When used in ss. 376.30-376.317, unless the            (b) Provide for the development and implementation
context clearly requires otherwise, the term :               of criteria and plans to prevent and meet occurrences
   (1) "Barrel" means 42 U.S. gallons at 60° Fahrenheit.     of pollution of various kinds and degrees.
   (2) "Department" means the Department of Environ-            (c) Establish a requirement that any facility covered
mental Regulation.                                           by this act be subject to complete and thorough inspec-
   (3) "Discharge" includes, but is not limited to, any      tions at reasonable times . Any facility which has dis-
spilling, leaking, seeping, pouring, emitting, emptying,     charged a pollutant in violation of the provisions of ss.
or dumping of any pollutant which occurs and which af-       376.30-376.317 shall be fully and carefully monitored by
fects lands and the surface and ground waters of the         the department to ensure that such discharge does not
state not regulated by ss. 376.011-376.21.                   continue to occur.
   (4) "Facility" means a nonresidential location con-          (d) Keep an accurate record of the costs and ex-
taining any stationary tank or tanks which are not cov-      penses incurred for the removal of prohibited dis-
ered by ss. 376.011-376.21 and which contain pollutants      charges and thereafter diligently to pursue the recovery
and have individual storage capacities greater than 550      of any sums so incurred from the person responsible or
gallons, except for any aboveground crude oil storage        from the United States Government under any applica-
tank covered by chapter 377, or a nonresidential loca-       ble federal act.
tion which contains or stores solid or gaseous pollutants       (e) Bring an action on behalf of the state to enforce
in containers having individual storage capacities great-    the liabilities imposed by ss. 376.30-376.317. The provi-
er than 550 gallons.                                         sions of ss. 403.121,403.131,403.141, and 403.161 ap-
   (5) "Fund" means the Water Quality Assurance Trust        ply to enforcement under ss. 376.30-376.317.
Fund .                                                          (2) The powers and duties of the department under
   (6) "Operator" means any person operating a facility,     ss. 376.30-376.317 shall extend to the land mass of the
whether by lease, contract, or other form of agreement.      state not described in ss. 376.011-376.21.
                                                                 Hlatory.-s. 84, ch. 83-310; s. 9, ch. 84-338.
   (7) "Owner" means any person owning a facility.
   (8) "Person" means any individual, partner, joint ven-      376.305 Removal of prohibited discharges.-
ture, or corporation; any group of the foregoing, orga-        (1) Any person discharging a pollutant as prohibited
nized or united for a business purpose; or any govern-       by ss. 376.30-376.315 shall immediately undertake to
mental entity.                                               contain, remove, and abate the discharge to the satis-
   (9) "Person in charge" means the person on the            faction of the department. Notwithstanding this require-
scene who is in direct, responsible charge of a facility     ment, the department may undertake the removal of the
from which pollutants are discharged, when the dis-          discharge and may contract and retain agents who shall
charge occurs.                                               operate under the direction of the department.
                                                           539
Ch. 376                        POLLUTANT DISCHARGE PREVENTION AND REMOVAL                                          F.S. 1985

   (2) If the person causing the discharge, or the per-        Coastal Protection Trust Fund pursuant to 1 s. 376.11 (5)
son in charge of facilitie~ at which the discharge has tak-    (f). This transfer shall not be subject to the General Rev-
en place , fails to act immediately, the department may        enue Fund deduction authorized in ss . 215.20 and
arrange for the removal of the pollutant; except that, if      215.22.
the pollutant was discharged into or upon the navigable           (b) An annual transfer of interest funds from the Flor-
waters of the United States, the department shall act in       ida Coastal Protection Trust Fund pursuant to s.
accordance with the national contingency plan for re-          376.11 (5)(g) .
moval of such pollutant as established pursuant to the            (c) A monthly transfer of the interest from the State
Federal Water Pollution Control Act, as amended , and          Water Pollution Control Trust Fund .
the costs of removal incurred by the department shall be          (4) The trust fund shall be used by the department
paid in accordance with the applicable provisions of that      as a nonlapsing revolving fund for carrying out the pur-
law. Federal funds provided under that act shall be used       poses of this act. To this fund shall be credited all excise
to the maximum extent possible prior to the expenditure        taxes , penalties, judgments, and other fees and charges
of state funds.                                                related to ss. 376.30-376.315. Charges against the fund
   (3) No action taken by any person to contain or re-         shall be in accordance with this section .
move a discharge, whether such action is taken volun-             (5)(a) There is hereby levied an excise tax, to be col-
tarily or at the request of the department or its designee,    lected from and paid by a person for the privilege of op-
shall be construed as an admission of liability for the dis-   erating a terminal facility, as defined ins. 376.031 (9) , and
charge.                                                        from a person for the privilege of operating a facility not
   (4) No person who , voluntarily or at the request of        covered by ss . 376.Q11 -376.21, which is served by air,
the department or its designee, renders assistance in          rail, truck , pipeline located in this state , or a vessel, used
containing or removing any pollutant shall be liable for       for the purpose of storing , handling, or transferring pollu-
any civil damages to third parties resulting solely from       tants . The state and political subdivisions in the state
the acts or omissions of such person in rendering such         are exempt from the excise tax.
assistance , except for acts or omissions amounting to            (b) The excise tax shall be 2 cents per barrel, or
gross negligence or willful misconduct.                        equivalent measure as established by the department,
   (5) Nothing in ss . 376.30-376.315 shall affect the         coming to rest in the state, until the balance in the fund
right of any person to render assistance in containing or      equals or exceeds an unobligated balance of $12 million ,
removing any pollutant or any rights which that person         at which time no excise tax shall be levied unless:
may have against any third party whose acts or omis-              1. The balance in the fund is less than or equal to an
sions in any way have caused or contributed to the dis-        unobligated balance of $3 million, in which case the 2-
charge of the pollutant.                                       cent tax will resume within 90 days following the end of
   (6) Any person who renders assistance in containing         the month in which such unobligated balance occurs
or removing any pollutant may be eligible for reimburse-       and continue until the balance in the fund again equals
ment of the cost of containment or removal , provided pri-     or exceeds an unobligated balance of $12 million.
or approval for such reimbursement is granted by the              2. The fund is unable to pay any proven costs
department. The department may, upon petition and for          against the fund , in which case the excise tax will be and
good cause shown , waive the prerequisite for prior ap-        remain 5 cents per barrel , or equivalent measure estab-
proval of such reimbursement.                                  lished by the department, until the fund equals or ex-
 History.-s. 84, ch. 83-310.                                   ceeds $1 .5 million, when the provisions of subparagraph
                                                               1. will control.
  376.307 Water Quality Assurance Trust Fund.-                    3. The fund has had appropriated to it by the Legis-
   (1) There is created in the State Treasury the Water        lature, but has not yet repaid, state funds from the Gen-
Quality Assurance Trust Fund , to be administered by           eral Revenue Fund. In such event, the excise tax will
the Department of Environmental Regulation.                    continue to be in effect until all such funds are repaid to
   (2) The fund may be used to carry out the provisions        the General Revenue Fund.
of this act and for the cleanup and restoration of any site       (c) The excise tax provided for in this section shall
contaminated with :                                            be collected monthly by the Department of Revenue on
   (a) Hazardous wastes ;                                      the basis of records certified to the Department of Reve-
   (b) "Hazardous substances" as defined in the Com-           nue and the Department of Environmental Regulation
prehensive Environmental Response , Compensation ,             and shall be credited to the fund. However, for the pur-
and Liability Act of 1980, Pub. L. No. 96-510, 94 Stat.        poses of this section , the excise tax on each barrel of
2767;                                                          the pollutant shall be imposed only once, at the first
   (c) A pollutant;                                            transfer of a specific barrel of pollutant which comes to
   (d) A substance which is or is suspected to be carci-       rest in this state. Each barrel of pollutant shall be consid-
nogenic, mutagenic, teratogenic, or toxic to human be-         ered only once for the purposes of this excise tax. This
ings, or acutely toxic to indigenous species of signifi-       excise tax shall be in addition to all other taxes imposed
cance to the biological community affected by the haz-         upon or paid by the operator. However, any facility with
ardous waste or substance; or                                  a storage capacity of 250 barrels or less shall report and
   (e) A substance which poses a serious danger to             pay the excise tax semiannually.
the public health, safety, or welfare.                            (d) Except for the 3-percent collection allowance,
   (3) The trust fund shall be funded as follows :             the same duties and privileges imposed by chapter 212
   (a) A one-time transfer of $11 million from the Florida     respecting the remission of tax; the making of returns;
                                                           540
F.S. 1985                                 POLLUTANT DISCHARGE PREVENTION AND REMOVAL                                                        Ch.376

penalties and interest; the keeping of books, records,                                      (1) An act of war.
and accounts; and the compliance with the rules of the                                      (2) An act of government, either state, federal, or
Department of Revenue in the administration of that                                      municipal.
chapter apply to, and are binding on, all registrants who                                   (3) An act of God, which means only an unforesee-
are subject to this section.                                                             able act exclusively occasioned by the violence of na-
   (e) The Department of Revenue shall maintain rec-                                     ture without the interference of any human agency.
ords indicating the amount of taxes collected. These                                        (4) An act or omission of a third party, other than an
records are confidential, as provided in s. 213.053.                                     employee or agent of the defendant or other than one
   (f) The Department of Revenue shall promulgate                                        whose act or omission occurs in connection with a con-
rules, establish audit procedures for the audit of opera-                                tractual relationship existing, directly or indirectly, with
tors under this section, assess for delinquencies, and                                   the defendant, except when the sole contractual ar-
prescribe and publish such forms as may be necessary                                     rangement arises from a published tariff and accep-
to effectuate the purposes of this section.                                              tance for carriage by a common carrier by rail, if the de-
   (g) The Department of Revenue, according to the                                       fendant establishes by a preponderance of the evidence
applicable rules of the Career Service Commission, is                                    that:
                                                                                            (a) The defendant exercised due care with respect
authorized to employ persons and incur other expenses
                                                                                         to the pollutant concerned, taking into consideration the
for which funds are appropriated by the Legislature.
                                                                                         characteristics of such hazardous waste, in light of all
   (6) The department shall recover to the use of the
                                                                                         relevant facts and circumstances; and
fund from a person or persons at any time causing or                                        (b) The defendant took precautions against foresee-
having caused the discharge or from the Federal Gov-                                     able acts or omissions of any such third party and
ernment, jointly and severally, all sums owed or expend-                                 against the consequences that could foreseeably result
ed from the fund, pursuant to s. 376.308(4), except that                                 from such acts or omissions.
sums recovered as a result of damage due to a dis-                                        Hlatory.-s. 84, ch. 83-310: s. 11 , ch. 84-338.
charge of a pollutant or other similar disaster shall be ap-
portioned between the fund and the General Revenue                                           376.309 Facilities, financial responsibility.-
Fund so as to repay the full costs to the General Reve-                                      (1) Each owner or operator of a facility is required to
nue Fund of any sums disbursed therefrom as a result                                     establish and maintain evidence of financial responsibili-
of such disaster. Any request for reimbursement to the                                   ty. Such evidence of financial responsibility shall be the
fund for such costs, if not paid within 30 days of de-                                   only evidence required by the department that such
mand, shall be turned over to the department for collec-                                 owner or operator has the ability to meet the liabilities
tion.                                                                                    which may be incurred under ss. 376.30-376.315.
   (7) Moneys in the fund which are not needed cur-                                          (2) Any claim brought pursuant to ss . 376 .30-
rently to meet the obligations of the department in the                                  376.315 may be brought directly against the bond, the
exercise of its responsibilities under ss. 376.30-376.315                                insurer, or any other person providing a facility with evi-
shall be deposited with the Treasurer to the credit of the                               dence of financial responsibility.
                                                                                             (3) Each owner or operator of a facility subject to the
fund and may be invested in such manner as is provided
                                                                                         provisions of ss. 376.30-376.315 shall designate a per-
for by statute. The interest received on such investment
                                                                                         son in the state as his legal agent for service of process
shall be credited to the fund .
                                                                                         under ss. 376.30-376.315, and such designation shall be
   (8) It is the duty of the department in administering                                 filed with the Department of State. In the absence of
the fund diligently to pursue the reimbursement to the                                   such designation, the Secretary of State shall be the
fund of any sum expended from the fund for cleanup                                       designated agent for purposes of service of process un-
and abatement in accordance with the provisions of this                                  der ss. 376.30-376.315.
section. For the purposes of s. 95.11, the limitation peri-                               Hlatory.-s. 84, ch. 83-310.
od within which to institute an action to recover such
sums shall commence on the last date on which any                                          376.311 Penalties for a discharge.-
such sums were expended, and not the date that the                                         ( 1) The penalty provisions of this section do not ap-
discharge occurred.                                                                      ply to any discharge promptly reported and removed by
  Hlatory.-s. 84, ch. 83-310: s. 3, ch. 83-353: s. 10, ch. 84-338.                       an operator in accordance with the rules and orders of
 1Note.- The reference to s. 376.11 (S}(f} was substituted by the editors tor refer-
ence to s. 376.11 (S}(c} to correct an apparent error in s. 3, ch. 83-353.
                                                                                         the department.
                                                                                           (2) Penalties assessed herein for a discharge shall
   376.308 Liabilities and defenses of facilities.-ln                                    be in accordance with the provisions administered by
any suit instituted by the department under ss. 376.30-                                  the department in chapter 403.
                                                                                          Hiatory.-s. 84, ch. 83-310.
376.315, it is not necessary for the department to plead
or prove negligence in any form or manner. The depart-                                     376.313 Nonexclusiveness of remedies and indi·
ment need only plead and prove that the prohibited dis-                                  vidual cause of action for damages under ss. 376.30-
charge or other polluting condition has occurred. The                                    376.315.-
only defenses of a person alleged to be responsible for                                     (1) The remedies in ss . 376.30-376.315 shall be
the discharge to any action under ss. 376.30-376.315 are                                 deemed to be cumulative and not exclusive.
to plead and prove that the occurrence was solely the                                      (2) Nothing in ss. 376.30-376.315 requires the pur-
result of any of the following or any combination of the                                 suit of any claim against the fund as a condition prece-
following:                                                                               dent to any other remedy.
                                                                                   541
Ch.376                                   POLLUTANT DISCHARGE PREVENTION AND REMOVAL                             F.S. 1985

   (3) Notwithstanding any other provision of law, noth-        subdivision, or municipality, or any rule or regulation
ing contained in ss. 376.30-376.315 prohibits any person        adopted thereunder, the provision of ss. 376.30-376.317
from bringing a cause of action in a court of competent         shall control, except as provided in subsection (3).
jurisdiction for all damages resulting from a discharge or         (2) Except as provided in subsection (3), the state
other condition of pollution covered by ss. 376.30-             preempts the regulation of the prevention and removal
376.315. In any such suit, it is not necessary for such         of pollutant discharges from a facility described in sub-
person to plead or prove negligence in any form or man-         section (1) which has no single tank having a capacity
ner. Such person need only plead and prove the fact of          exceeding 40,000 gallons at any time.
the prohibited discharge or other pollutive condition and          (3) A county government is authorized to adopt
that it has occurred. The only defenses to such cause           countywide ordinances that regulate underground stor-
of action shall be those specified in s. 376.308. In addi-      age tanks, as described herein, which ordinances are
tion to any other remedy, the injured party is entitled to      more stringent or extensive than any state law or rule
recover the costs of the action and reasonable attor-           regulating such tanks , provided:
neys' fees.                                                        (a) The original ordinance was legally adopted and
 Hlatory.-s. 84, ch. 83·31 0; s. 12, ch. 84-338.
                                                                in force before September 1, 1984; or
   376.315 Construction of ss. 376.30-376.315.-Sec-                (b) The ordinance establishing the local program
tions 376.30-376.315, being necessary for the general           was approved by the department.
welfare and the public health and safety of the state and
its inhabitants, shall be liberally construed to effect the     The department is authorized to adopt rules that permit
purposes set forth under ss. 376.30-376.315 and the             any county government to establish, in accordance with
Federal Water Pollution Control Act, as amended.                s. 403.182, a program regulating underground storage
 Hlatory.-s. 84, ch. 83-310.                                    tanks, which program is more stringent or extensive
                                                                than that established by any state law or rule regulating
   376.317 Superseded laws; state preemption.-                  underground storage tanks . When adopting the rules,
   (1) If any provision of ss. 376.30-376.317 or of the         the department shall consider local conditions that war-
rules developed pursuant to such sections, which provi-         rant such more stringent or extensive regulation of un-
sion pertains to a facility maintained for the purpose of       derground storage tanks, including, but not limited to,
the underground storage of petroleum products for use           the proximity of the county to a sole or single-source aq-
as fuel in vehicles, including, but not limited to, those ve-   uifer, the potential threat to the public water supply be-
hicles used on and off roads, aircraft, watercraft, and         cause of the proximity of underground storage tanks to
rail, is in conflict with any other provision, limitation, or   public wells or ground water, or the detection of petrole-
restriction which is now in effect under any law of this        um products in public or private water supplies.
state or any ordinance of a local government, political           Hlatory.-s. 13, ch. 84-338.




                                                            542
F.S. 1985                                      ENERGY RESOURCES                                                        Ch. 377

                                                   CHAPTER 377

                                               ENERGY RESOURCES

                   PART I    REGULATION OF OIL AND GAS RESOURCES (ss. 377.01-377.41)

                         PART II   PLANNING AND DEVELOPMENT (ss. 377.601-377.712)



                         PART I                                377.35         Suits, proceedings , appeals, etc.
                                                               377.36         False entries and statements; incomplete
            REGULATION OF OIL AND GAS                                             entries; penalties.
                   RESOURCES                                   377 .37        Penalties.
                                                               377.371        Pollution prohibited ; reporting , liability.
377.D1      Governor to enter into interstate compact to
                                                               377.38         Illegal oil , gas, and other products; sale , pur-
               conserve oil and gas.
                                                                                  chase, acquisition, transportation , refin-
377.02      Form of compact.
377.03                                                                            ing, processing, or handling prohibited.
            Extension of compact.
377.04      Official report of state.                          377.39         Seizure and sale of illegal oil , gas, or prod-
377.06      Public policy of state concerning natural re-                         uct.
               sources of oil and gas.                         377.40         Negligently permitting gas and oil to go wild
377 .07     Division of Resource Management; powers ,                             or out of control.
               duties, and authority.                          377.41         Disposition of fines .
377.075     Division of Resource Management; geologi-
               cal functions.                                    377.01 Governor to enter into interstate compact to
377.10      Certain persons not to be employed by divi-        conserve oil and gas.-The Governor of the state is
               sion.                                           hereby authorized and directed, for and in the name of
377.18      Common sources of oil and gas.                     the state, to join with other states in the interstate com-
377.19      Definitions.                                       pact to conserve oil and gas, which was heretofore exe-
377.20      Waste prohibited .                                 cuted in the City of Dallas, Texas , on February 16, 1935,
377 .21     Jurisdiction of division .                         and is now deposited with the Department of State of
377.22      Rules, regulations, and orders .                   the United States, and which has been extended with
377.23      Monthly reports to division .                      the consent of Congress to September 1, 1947.
377.24      Notice of intention to drill well ; permits;        Hlatory.-s. 1, ch. 22823, 1945.

               abandoned wells and dry holes.
377.2408    Application to conduct geophysical opera-             377.02 Form of compact.- The interstate compact
               tions.                                          to conserve oil and gas referred to in the above section ,
377 .241    Criteria for issuance of permits.                  and which it is hereby proposed to enter and to extend
377.242     Permits for drilling or exploring and extract-     by agreement , reads as follows:
               ing through well holes or by other means.             AN INTERSTATE COMPACT TO CONSERVE
377 .2421   Division to review federal applications.
                                                                                 OIL AND GAS
377.2424    Conditions for granting permits for geophys-
               ical operations.                                                              ARTICLE I.
377.2426    Abandonment of geophysical holes.
377.243     Conditions for granting permits for extrac-         This agreement may become effective within any
               tion through well holes.                      compacting state at any time as prescribed by that
377.244     Conditions for granting permits for surface      state, and shall become effective within those states rat-
               exploratory and extraction operations.        ifying it whenever any three of the states of Texas , Okla-
377.245     Provision for distribution of earnings to les-   homa, California, and New Mexico have ratified and Con-
               sees or owners of the fractional undivided    gress has given its consent. Any oil-producing state may
               mineral rights not owned by applicant for     become a party hereto as hereinafter provided.
               permit under ss. 377.243 and 377.244.
377 .25     Production pools; drilling units.                                                ARTICLE II.
377.26      Location of wells .
                                                               The purpose of this compact is to conserve oil and
377.27      Drilling units.
                                                             gas by the prevention of physical waste thereof from any
377.28      Cycling, pooling, and unitization of oil and
                                                             cause.
               gas.
377.29      Agreements in interest of conservation .                                        ARTICLE Ill.
377.30      Limitation on amount of oil or gas taken .
377.31      Evidence of rules and orders .                      Each state bound hereby agrees that within a reason-
377.32      Issuance of subpoenas; service, etc.             able time it will enact laws, or if laws have been enacted ,
377.33      Injunctions against division.                    then it agrees to continue the same in force, to accom-
377.34      Actions and injunctions by division.             plish within reasonable limits the prevention of:
                                                         543
Ch. 377                                           ENERGY RESOURCES                                                            F.S. 1985

   (a) The operation of any oil well with an inefficient         interest to be determined as follows : Such vote of each
gas-oil ratio.                                                   state shall be in the decimal proportion fixed by the ratio
   (b) The drowning with water of any stratum capable            of its daily average production during the preceding cal-
of producing oil or gas, or both oil and gas in paying           endar half-year to the daily average production of the
quantities.                                                      compacting states during said period .
   (c) The avoidable escape into the open air or the
wasteful burning of gas from a natural gas well.                                                 ARTICLE VII.
   (d) The creation of unnecessary fire hazards.                    No state by joining herein shall become financially ob-
   (e) The drilling, equipping , locating, spacing or oper-      ligated to any other state, nor shall the breach of the
ating of a well or wells so as to bring about physical           terms hereof by any state subject such state to financial
waste of oil or gas or loss in the ultimate recovery there-      responsibility to the other states joining herein .
of.
   (f) The inefficient, excessive or improper use of the                                        ARTICLE VIII.
reservoir energy in producing any well.
                                                                    This compact shall expire September 1, 1937, but any
The enumeration of the foregoing subjects shall not limit        state joining herein may, upon 60 days ' notice, withdraw
the scope of the authority of any state.                         herefrom .
                                                                    The representative of the signatory states have
                        ARTICLE IV.                              signed this agreement in a single original which shall be
   Each state bound hereby agrees that it will, within a         deposited in the archives of the Department of State of
reasonable time, enact statutes, or if such statutes have        the United States, and a duly certified copy shall be for-
been enacted then that it will continue the same in force,       warded to the governor of each of the signatory states.
providing in effect that oil produced in violation of its val-      This compact shall become effective when ratified
id oil and/or gas conservation statutes or any valid rule,       and approved as provided in Article I. Any oil-producing
order or regulation promulgated thereunder, shall be de-         state may become a party hereto by affixing its signa-
nied access to commerce; and providing for stringent             ture to a counterpart to be similarly deposited, certified
penalties for the waste of either oil or gas.                    and ratified.
                                                                    Done in the City of Dallas, Texas , this sixteenth day
                        ARTICLE V.                               of February, 1935.
                                                                   Hlatory.-s. 2, ch. 22823, 1945.
   It is not the purpose of this compact to authorize the
states joining herein to limit the production of oil or gas         377.03 Extension of compact.- The Governor of
for the purpose of stabilizing or fixing the price thereof,      Florida is further authorized and empowered, for and in
or create or perpetuate monopoly, or to promote regi-            the name of the state, to execute agreements for the fur-
mentation , but is limited to the purpose of conserving oil      ther extension of the expiration date of the said "The In-
and gas and preventing the avoidable waste thereof               terstate Oil Compact" to conserve oil and gas, and to de-
within reasonable limitations.                                   termine if and when it shall be for the best interest of the
                                                                 state to withdraw from said compact upon 60 days' no-
                        ARTICLE VI.
                                                                 tice as provided by its terms. In the event he shall deter-
   Each state joining herein shall appoint one represent-        mine that the state should withdraw from said compact
ative to a commission hereby constituted and designat-           he shall have full power and authority to give necessary
ed as the Interstate Oil Compact Commission, the duty            notice and to take any and all steps necessary and prop-
of which said commission shall be to make inquiry and            er to effect the withdrawal of the state from said com-
ascertain from time to time such methods, practices, cir-        pact.
                                                                   Hlatory.-s. 3, ch. 22823, 1945.
cumstances and conditions as may be disclosed for
bringing about conservation and the prevention of phys-              377.04 Official report of state.- The Governor shall
ical waste of oil and gas, and at such intervals as said         be the official representative of the state on the Inter-
commission deems beneficial it shall report its findings         state Oil Compact Commission, provided for in the com-
and recommendations to the several states for adoption           pact to conserve oil and gas, and shall exercise and per-
or rejection.                                                    form for the state all the powers and duties as a member
   The commission shall have power to recommend the              of the Interstate Oil Compact Commission; provided,
coordination of the exercise of the police powers of the         that he shall have the authority to appoint an assistant
several states within their several jurisdictions to pro-        representative who shall act in his stead as the official
mote the maximum ultimate recovery from the petrole-             representative of the state as a member of said commis-
um reserves of said states, and to recommend mea-                sion . Said assistant representative shall take the oath of
sures for the maximum ultimate recovery of oil and gas.          office prescribed by the Constitution, which shall be
Said commission shall organize and adopt suitable rules          filed with the Department of State.
and regulations for the conduct of its business.                   Hlatory. -s. 4, ch. 22823, 1945; ss. 10, 35, ch. 69·HJ6.
   No action shall be taken by the commission except:
(1) By the affirmative votes of the majority of the whole          377.06 Public policy of state concerning natural re-
number of the compacting states , represented at any             sources of oil and gas.-lt is hereby declared to be the
meeting, and (2) by a concurring vote of a majority in in-       public policy of the state to conserve and control the
terest of the compacting states at said meeting, such            natural resources of oil and gas in said state, and the
                                                             544
F.S. 1985                                                             ENERGY RESOURCES                                                                                 Ch. 377

products made therefrom; to prevent waste of said natu-                                    shall include in such report full description of such sur-
ral resources; to provide for the protection and adjust-                                   veys and explorations, occurrences and location of min-
ment of the correlative rights of the owners of the land                                   eral and other deposits of value, surface and subterra-
wherein said natural resources lie and the owners and                                      nean water supply and power and mineral waters, and
producers of oil and gas resources and the products                                        the best and most economical method of development,
made therefrom, and of others interested therein; to en-                                   together with analyses of soils, minerals, and mineral
courage and cause the development in said state of said                                    waters, with maps, charts, and drawings of the same.
natural resources of oil and gas and the products made                                        (4) COLLECTION OF GEOLOGICAL SPECIMENS.-
therefrom, to encourage the continuous and economic                                        The Division of Resource Management shall make col-
supply of the demand therefor; to safeguard the health,                                    lections of specimens illustrating the geological and
property and public welfare of the citizens of said state                                  mineral features of the state, one suite of which shall be
and other interested persons and for all purposes indi-                                    deposited in the office of the division at Tallahassee and
cated by the provisions herein. It is not the intention of                                 duplicate suites of which shall be deposited in the li-
this section to limit or restrict or modify in any way the                                 braries of each of the state colleges. Each suite shall be
provisions of this law.                                                                    correctly labeled for convenient use and study.
  Hiatory.-s. 1, ch. 22819, 1945.
                                                                                              (5) NOTIFYING OWNER OF DEPOSITS LOCATED.
   377.07 Division of Resource Management; powers,                                         -The person in charge of the Division of Resource Man-
duties, and authority.- The Division of Resource Man-                                      agement and his assistants, when they discover any
agement of the Department of Natural Resources is                                          mineral deposits or other substance of value shall notify
hereby vested with power, authority and duty to admin-                                     the owner of the land upon which such deposits occur.
ister, carry out and enforce the provisions of this law as                                 The failure to notify the owner of such deposit before dis-
directed in s. 370.02(3).                                                                  closing the same to any other person constitutes a mis-
  Hiatory.-s. 2, ch. 22819, 1945; s. 8, ch. 61-231; ss. 25, 35, ch. 69-106; s. 64, ch.     demeanor of the second degree, punishable as provid-
79-65.
                                                                                           ed in s. 775.082 or s. 775.083.
                                                                                              (6) CHEMICAL ANALYSES BY STATE CHEMIST.-
   377.075 Division of Resource Management; geo-
                                                                                           AII chemical, analytical, or assay work shall be per-
logical functions.-
                                                                                           formed by the state chemist and his assistants at the di-
   (1) PERSONNEL.-The Department of Natural Re-
                                                                                           rection of the Governor upon request of the Division of
sources shall, through the Division of Resource Manage-
                                                                                           Resource Management.
ment, establish the Florida Geological Survey and em-                                         Hiatory.-s. 2, ch. 28145, 1953; s. 4, ch. 61-231 ; ss. 25, 35, ch. 69-106; s. 322, ch.
ploy such suitable persons as in the judgment of the de-                                   71 -136; s. 1, ch. 73-305; s. 65, ch. 79-65; s. 1, ch. 83-176.
partment may be necessary to conduct the geological                                           Note.-Former ss. 370.04, 373.011 .
survey of the state.
                                                                                             377.10 Certain persons not to be employed by divi-
   (2) DISBURSEMENTS; SURVEY EXPENSES.-For
                                                                                           sion.-No person in the employ of, or holding any official
the purpose of expeditiously and thoroughly carrying
                                                                                           connection or position with any person, firm, partner-
out the geological survey, there shall be included a suffi-
cient appropriation in the annual general appropriations                                   ship, corporation, or association of any kind, engaged in
                                                                                           the business of buying or selling mineral leases, drilling
act. The Comptroller shall, upon the requisition of the Di-
vision of Resource Management, when approved by the                                        wells in the search of oil or gas, producing , transporting,
Governor, draw his warrant on the Treasurer for the                                        refining, or distributing oil or gas shall hold any position
amount so appropriated in such sums as may be need-                                        under, or be employed by, the Division of Resource Man-
ed from time to time for the purpose of the survey as                                      agement in the prosecution of its duties under this law.
                                                                                             Hiatory.-s. 5, ch. 22819, 1945; ss. 25, 35, ch. 69-106; s. 66, ch . 79·65.
herein set forth; and for all such expenditures, the con-
sent and approval of the Governor shall be obtained,                                        377.18 Common sources of oil and gas.-AII com-
and the vouchers for all such expenditures made from                                     mon sources of supply of oil and gas or either of them
this fund shall be filed with the Comptroller; a statement                               shall have the production therefrom controlled or regu-
of his receipts and expenditures shall be printed in the                                 lated in accordance with the provisions of this law.
annual report of the division. The amount annually ap-                                       Hiatory.-s. 13, ch. 22819, 1945.
propriated, or so much thereof as may be necessary,
shall be expended for the salaries and for the contingent                                   377.19 Definitions.-Unless the context otherwise
expenses of the survey, including compensation of all                                    requires, the words defined in this section shall have the
temporary and permanent assistance; traveling ex-                                        following meanings when found in ss. 377.06, 377.07,
penses of the division, purchase of materials, or other                                  377.10-377.40:
necessary expenses for outfit; expenses incurred in pro-                                    (1) "Division" means the Division of Resource Man-
viding for the transportation, arrangement, and proper                                   agement of the Department of Natural Resources .
exhibition of the geological and other collections made                                     (2) "State" means the State of Florida.
under the provisions of this law and for postage, statio-                                   (3) "Person" means any natural person, corporation,
nery, and printing and the printing and engraving of                                     association, partnership, receiver, trustee, guardian, ex-
maps and sections to illustrate the annual reports.                                      ecutor, administrator, fiduciary, or representative of any
   (3) DUTIES.- The Division of Resource Manage-                                         kind.
ment shall make annually to the Governor a report of the                                    (4) "Oil" means crude petroleum oil and other hydro-
progress of its surveys and explorations of minerals, wa-                                carbons, regardless of gravity, which are produced at
ter supply, and other natural resources of the state and                                 the well in liquid form by ordinary production methods,
                                                                                     545
Ch. 377                                           ENERGY RESOURCES                                                                    F.S. 1985

and which are not the result of condensation of gas after        treated crude oil , residuum, gas oil, casinghead gaso-
it leaves the reservoir.                                         line, natural gas gasoline, naphtha, distillate, conden-
    (5) "Gas" means all natural gas, including casing-           sate, gasoline, waste oil, kerosene, benzine, wash oil,
head gas, and all other hydrocarbons not defined as oil          blended gasoline, lubricating oil, blends or mixtures of
in subsection (4) .                                              oil with one or more liquid products or byproducts de-
    (6) "Pool" means an underground reservoir contain-           rived from oil or gas, and blends or mixtures of two or
ing or appearing to contain a common accumulation of             more liquid products or byproducts derived from oil or
oil or gas or both . Each zone of a general structure which      gas, whether hereinabove enumerated or not.
is completely separated from any other zone on the                  (12) "Illegal oil" means oil which has been produced
structure is considered a separate pool as used herein.          within the state from any well or wells in excess of the
    (7) "Field" means the general area which is under-           amount allowed by rule, regulation, or order of the divi-
laid, or appears to be underlaid, by at least one pool; and      sion, as distinguished from oil produced within the state
"field " includes the underground reservoir, or reservoirs ,     from a well not producing in excess of the amount so al-
containing oil or gas, or both. The words "field" and "pool"     lowed, which is "legal oil."
mean the same thing when only one underground reser-                (13) "Illegal gas" means gas which has been pro-
voir is involved; however, "field ," unlike "pool," may relate   duced within the state from any well or wells in excess
to two or more pools.                                            of the amount allowed by any rule , regulation, or order
    (8) "Owner" means the person who has the right to            of the division, as distinguished from gas produced with-
drill into and to produce from any pool and to appropri-         in the State of Florida from a well not producing in ex-
ate the production either for himself or for himself and         cess of the amount so allowed, which is "legal gas."
another, or others.                                                 (14) "Illegal product" means any product of oil or gas,
    (9) "Producer" means the owner or operator of a well         any part of which was processed or derived, in whole or
or wells capable of producing oil or gas, or both.               in part, from illegal gas or illegal oil or from any product
    (10) "Waste, " in addition to its ordinary meaning ,         thereof, as distinguished from "legal product," which is
means "physical waste" as that term is generally under-          a product processed or derived to no extent from illegal
stood in the oil and gas industry. "Waste" includes:             oil or illegal gas.
    (a) The inefficient, excessive , or improper use or dis-        (15) "Reasonable market demand " means the
sipation of reservoir energy; and the locating, spacing ,        amount of oil reasonably needed for current consump-
drilling, equipping, operating , or producing of any oil or      tion , together with a reasonable amount of oil for storage
gas well or wells in a manner which results, or tends to         and working stocks.
result, in reducing the quantity of oil or gas ultimately to        (16) "Tender" means a permit or certificate of clear-
be recovered from any pool in this state.                        ance for the transportation or the delivery of oil, gas, or
    (b) The inefficient storing of oil ; and the locating,       products, approved and issued or registered under the
spacing , drilling, equipping , operating, or producing of       authority of the division.
any oil or gas well or wells in a manner causing, or tend-          (17) The use of the word "and" includes the word "or"
ing to cause, unnecessary or excessive surface loss or           and the use of "or" includes "and ," unless the context
destruction of oil or gas.                                       clearly requires a different meaning, especially with re-
    (c) Producing oil or gas in such a manner as to              spect to such expressions as "oil and gas" or "oil or gas."
cause unnecessary water channeling or coning.                       (18) "Well site" means the general area around a
    (d) The operation of any oil well or wells with an inef-     well , which area has been disturbed from its natural or
ficient gas-oil ratio .                                          existing condition, as well as the drilling or production
    (e) The drowning with water of any stratum or part           pad , mud and water circulation pits, and other operation
thereof capable of producing oil or gas.                         areas necessary to drill for or produce oil or gas.
    (f) Underground waste however caused and wheth-                Hletory.-s. 14, ch. 22819, 1945; ss. 25, 35, ch. 69-106; s. 138, ch. 71-377; s. 1,
                                                                 ch . 76-104; s. 1, ch. 77·174; s. 67, ch. 79-65.
er or not defined.
    (g) The creation of unnecessary fire hazards.                   377.20 Waste prohibited.-Waste of oil or gas de-
    (h) The escape into the open air, from a well produc-        fined in this law is hereby prohibited.
ing both oil and gas, of gas in excess of the amount               Hletory.-s. 15, ch. 22819, 1945.
which is necessary in the efficient drilling or operation
of the well.                                                        377.21 Jurisdiction of division.-
    (i) The use of gas for the manufacture of carbon                (1) The division shall have jurisdiction and authority
black.                                                           over all persons and property necessary to administer
    U) Permitting gas produced from a gas well to es-            and enforce effectively the provisions of this law and all
cape into the air.                                               other laws relating to the conservation of oil and gas.
    (k) Abuse of the correlative rights and opportunities           (2) The division shall have authority, and it shall be
of each owner of oil and gas in a common reservoir due           its duty, to make such inquiries as it may deem proper
to nonuniform, disproportionate, and unratable with-             to determine whether waste, over which it has jurisdic-
drawals, causing undue drainage between tracts of                tion, exists or is imminent. In the exercise of such power,
land .                                                           the division shall have the authority to:
    (11) "Product" means any commodity made from oil                (a) Collect data.
or gas and includes refined crude oil , crude tops, topped          (b) Make investigations and inspections.
crude, processed crude petroleum , residue from crude               (c) Examine properties, leases, papers, books, and
petroleum, cracking stock, uncracked fuel oil, fuel oil ,        records and to examine, survey, check, test, and gauge
                                                             546
F.S. 1985                                                              ENERGY RESOURCES                                                                             Ch. 377

oil and gas wells, tanks, storage tanks , treatment plants                                   (g) To require and carry out a reasonable program
and facilities, and modes of transportation used to gath-                                 of monitoring or inspection of all drilling operations or
er and process crude oil or gas and products derived                                      producing wells , including regular inspections by divi-
from wells within the state, prior to delivery to a common                                sion personnel.
carrier.                                                                                     (h) To require the making of reports showing the lo-
   (d) Hold hearings.                                                                     cation of all oil and gas wells; the making and filing of
   (e) Provide for the keeping of records and the mak-                                    logs; the taking and filing of directional surveys; the filing
ing of reports.                                                                           of electrical, sonic, radioactive, and mechanical logs of
   (f) Take such action as may be reasonably neces-                                       oil and gas wells; if taken , the saving of cutting and
sary to enforce this law.                                                                 cores, the cuts of which shall be given to the Bureau of
   (3) The jurisdiction of the division shall extend to the                               Geology; and the making of reports with respect to drill-
state boundaries as set forth in s. 1, Art. II of the State                               ing and production records. However, such information,
Constitution .                                                                            or any part thereof, at the request of the operator, shall
  Hlatory.- s. 16, ch. 22819, 1945; ss. 25, 35, ch. 69-106; s. 1, ch. 72-394; s. 1, ch.
76-188.                                                                                   be held confidential by the division for a period of 90
                                                                                          days after the completion of a well , and , at the option of
   377.22 Rules, regulations, and orders.-                                                the division , for a longer period .
   (1) The Department of Natural Resources shall pro-                                        (i) To prevent wells from being drilled, operated, or
vide, by rules and regulations , for ratable takings in all                               produced in such a manner as to cause injury to neigh-
pools on a reasonable and equitable basis.                                                boring leases or property.
   (2) The department shall adopt such rules and regu-                                       U) To prevent the drowning by water of any stratum ,
lations, and shall issue such orders, governing all                                       or part thereof, capable of producing oil or gas in paying
phases of the exploration, drilling, and production of oil ,                              quantities and to prevent the premature and irregular
gas, or other petroleum products in the state , including                                 encroachment of water which reduces, or tends to re-
exploration, drilling, and production in the offshore wa-                                 duce, the total ultimate recovery of oil or gas from any
ters of the state as may be necessary for the proper ad-                                  pool.
ministration and enforcement of this chapter. Such                                           (k) To require the operation of wells with efficient
rules , regulations, and orders shall ensure that all pre-                                gas-oil ratio, and to fix such ratios.
cautions are taken to prevent the spillage of oil or any                                     (I) To prevent "blowouts ," "caving ," and "seepage ," in
other pollutant in all phases of the drilling for, and ex-                                the sense that conditions indicated by such terms are
tracting of, oil , gas, or other petroleum products. The de-                              generally understood in the oil and gas business.
partment shall revise such rules and regulations from                                        (m) To prevent fires .
time to time as may be necessary for the proper adminis-                                     (n) To identify the ownership of all oil or gas wells,
tration and enforcement of this chapter. Rules, regula-                                   producing leases, refineries , tanks , plants, structures ,
tions, and orders promulgated in accordance with this                                     and storage and transportation equipment and facilities .
section shall be for, but shall not be limited to, the follow-                               (o) To regulate the "shooting," perforating and chem-
ing purposes:                                                                             ical treatment of wells .
   (a) To require the drilling, casing , and plugging of                                     (p) To regulate secondary recovery methods, includ-
wells to be done in such a manner as to prevent the pol-                                  ing the introduction of gas, air, water, or other substance
lution of the fresh , salt , or brackish waters or the lands                              into producing formations .
of the state.                                                                                (q) To regulate gas cycling operations.
   (b) To prevent the alteration of the sheet flow of wa-                                    (r) If necessary for the prevention of waste, as herein
ter in any area.                                                                          defined , to determine, limit, and prorate the production
   (c) To require that appropriate safety equipment be                                    of oil or gas, or both , from any pool or field in the state.
installed to minimize the possibility of an escape of oil                                    (s) To require, either generally or in or from particular
or other petroleum products in the event of accident, hu-                                 areas , certificates of clearance or tenders in connection
man error, or a natural disaster during drilling, casing , or                             with the transportation or delivery of oil or gas, or any
plugging of any well and during extraction operations.
                                                                                          product.                                                   .
   (d) To require the drilling, casing , and plugging of                                     (t) To regulate the spacing of wells and to establish
wells to be done in such a manner as to prevent the es-
                                                                                          drilling units.
cape of oil or other petroleum products from one stratum
                                                                                             (u) To prevent, so far as is practicable, reasonably
to another.
                                                                                          avoidable drainage from each developed unit which is
   (e) To prevent the intrusion of water into an oil or gas
                                                                                          not equalized by counterdrainage.
stratum from a separate stratum , except as provided by
                                                                                             (v) To require that geophysical operations requiring
rules of the division relating to the injection of water for
                                                                                          a permit be conducted in a manner which will minimize
proper reservoir conservation and brine disposal.
                                                                                          the impact on hydrology and biota of the area, especially
   (f) To require a reasonable bond , conditioned upon
                                                                                          environmentally sensitive lands and coastal areas.
the performance of the duty to plug properly each dry
and abandoned well and the full and complete restora-                                        (w) To regulate aboveground crude oil storage
                                                                                          tanks in a manner which will protect the water resources
tion , by the applicant, of the area over which the drilling
or production is conducted to the similar contour and                                     of the state.
                                                                                            Hlatory. -s. 16, ch. 22819, 1945; ss. 25, 35, ch. 69-106; s. 2, ch. 72-394; s. 1, ch.
general condition in existence prior to such operation.                                   76-1 03; s. 1, ch. 80-283; s. 7, ch. 84-338.

                                                                                      547
Ch. 377                                                            ENERGY RESOURCES                                                                        F.S. 1985

  377.23 Monthly reports to division.-Every produc-                                 any municipality or town, shall be and is hereby defined
er of oil or gas in the state shall submit to the division,                         to be any beach adjacent to or abutting upon the tidal
on forms prescribed by the division, a monthly report of                            waters of the state and having not less than 10 hotels,
the actual production from each and every oil and gas                               apartment buildings, residences or other structures,
well operated by him. Said producer shall submit a dupli-                           used for residential purposes, on or to any given mile of
cate copy of said report at the same time to the Depart-                            such beach.
ment of Banking and Finance; and said reports shall be                                  Hiatory.-s. 18, ch. 22819, 1945; ss. 25, 35, ch. 69-106; s. 68, ch. 79-65.
submitted through the medium of the United States
mails, and it shall be unlawful for the same to be trans-                              377.2408 Application to conduct geophysical oper-
mitted or received in any other way.                                                ations.-
 Hiatory.-s. 17, ch. 22819, 1945; s. 1, ch. 69-266; ss. 12, 25, 35, ch. 69-106.        (1) Before any geophysical operation in search of oil,
                                                                                    gas, or minerals shall be conducted, the person desiring
   377.24 Notice of intention to drill well; permits;                               to conduct such operation shall make application to the
abandoned wells and dry holes.-                                                     Department of Natural Resources upon such forms as
   (1) Before any well in search of oil or gas shall be                             it may prescribe and shall pay a reasonable fee for pro-
drilled, the person desiring to drill the same shall notify                         cessing .
the division upon such form as it may prescribe and shall                              (2) Each application shall contain a statement, in
pay a fee of $50 for each well. The drilling of any well is                         general terms, of the location in which such operation is
hereby prohibited until such notice is given and such fee                           intended to be conducted.
has been paid and permit granted.                                                      (3) Any information relating to location of the opera-
   (2) Each application for the drilling of a well in search                        tion and other anticompetitive matter shall be kept confi-
of oil or gas in this state shall include the address of the                        dential by the department and shall not be released to
residence of the applicant, or each applicant, which ad-                            the public without the consent of the person submitting
dress shall be the address of each person involved in ac-                           the application .
cordance with the records of the Division of Resource                                   Hiatory.-s. 2, ch. 80-283.
Management until such address is changed on the rec-
ords of the division after written request.                                            377.241 Criteria for issuance of permits.- The divi-
   (3) Each abandoned well and each dry hole shall be                               sion, in the exercise of its authority to issue permits as
plugged promptly in the manner and within the time re-                              hereinafter provided, shall give consideration to and be
quired by regulations to be prescribed by the Depart-                               guided by the following criteria:
ment of Natural Resources, and the owner of such well                                  (1) The nature, character and location of the lands
shall give notice upon such form as the division may pre-                           involved; whether rural, such as farms, groves, or ranch-
scribe, of the drilling of each dry hole and of the owner's                         es, or urban property vacant or presently developed for
intention to abandon, and shall pay a fee of $15. No well                           residential or business purposes or are in such a location
shall be abandoned until such notice has been given                                 or of such a nature as to make such improvements and
and such fee has been paid.                                                         developments a probability in the near future .
   (4) Application for permission to drill or abandon any                              (2) The nature, type and extent of ownership of the
well may be denied by the division for only just and law-                           applicant, including such matters as the length of time
ful cause.                                                                          the applicant has owned the rights claimed without hav-
   (5) No permit to drill a gas or oil well shall be granted                        ing performed any of the exploratory operations so
within the corporate limits of any municipality, unless the                         granted or authorized.
governing authority of the municipality shall have first                               (3) The proven or indicated likelihood of the pres-
duly approved the application for such permit by resolu-                            ence of oil, gas or related minerals in such quantities as
tion.                                                                               to warrant the exploration and extraction of such prod-
   (6) No permit to drill a gas or oil well shall be granted                        ucts on a commercially profitable basis.
at a location in the tidal waters of the state, abutting or                             Hiatory.-s. 1, ch . 61 -299; ss. 25, 35, ch . 69-106.
immediately adjacent to the corporate limits of a munici-
pality or within 3 miles of such corporate limits extending                            377.242 Permits for drilling or exploring and ex-
from the line of mean high tide into such waters, unless                            tracting through well holes or by other means.-The
the governing authority of the municipality shall have                              department is vested with the power and authority:
first duly approved the application for such permit by                                 (1)(a) To issue permits for the drilling for, exploring
resolution.                                                                         for, or production of oil , gas, or other petroleum products
   (7) No permit to drill a gas or oil well shall be granted                        which are to be extracted from below the surface of the
on any improved beach, located outside of an incorpo-                               land, including submerged land, only through the well
rated town or municipality, or at a location in the tidal wa-                       hole drilled for oil , gas, and other petroleum products.
ters of the state abutting or immediately adjacent to an                               1. No structure intended for the drilling for, or pro-
improved beach, or within 3 miles of an improved beach                              duction of, oil, gas, or other petroleum products may be
extending from the line of mean high tide into such tidal                           permitted or constructed on any submerged land within
waters, unless the county commissioners of the county                               any bay or estuary.
in which such beach is located shall have first duly ap-                               2. No structure intended for the drilling for, or pro-
proved the application for such permit by resolution .                              duction of, oil, gas, or other petroleum products may be
   (8) For the purposes of this section and law, an im-                             permitted or constructed within 1 mile seaward of the
proved beach, situated outside of the corporate limits of                           coastline of the state.
                                                                                  548
F.S. 1985                                                                 ENERGY RESOURCES                                                                                 Ch. 377

   3. No structure intended for the drilling for, or pro-                                     dards and safeguards from which to determine whether
duction of, oil, gas, or other petroleum products may be                                      any sum should be paid by the surety.
permitted or constructed within 1 mile of the seaward                                           Hiatory.-s. 4, ch . 80-283.

boundary of any state, local, or federal park or aquatic
or wildlife preserve or on the surface of a freshwater                                           377.2426 Abandonment of geophysical holes.-
lake, river, or stream.                                                                       Each hole drilled as part of permitted geophysical opera-
   4. No structure intended for the drilling for, or pro-                                     tions shall be plugged promptly in the manner pre-
duction of, oil, gas, or other petroleum products may be                                      scribed by the department.
                                                                                                Hiatory.-s. 4, ch . 80-283.
permitted or constructed within 1 mile inland from the
shoreline of the Gulf of Mexico, the Atlantic Ocean, or                                          377.243 Conditions for granting permits for extrac-
any bay or estuary or within 1 mile of any freshwater                                         tion through well holes.-
lake, river, or stream unless the department is satisfied                                        (1) Prior to the application to the Division of Re-
that the natural resources of such bodies of water and                                        source Management for the permit to drill for oil, gas,
shore areas of the state will be adequately protected in                                      and related products referred to ins. 377.242(1 ), the ap-
the event of accident or blowout.                                                             plicant must own a valid deed , or other muniment of title,
   (b) Subparagraphs (a) 1. and 4. do not apply to per-                                       or lease granting said applicant the privilege to explore
mitting or construction of structures intended for the                                        for oil, gas, or related mineral products to be extracted
drilling for, or production of, oil, gas, or other petroleum                                  only through the well hole on the land or lands included
products pursuant to an oil, gas, or mineral lease of such                                    in the application . However, unallocated interests may
lands by the state under which lease any valid drilling                                       be unitized according to s. 377.27.
permits are in effect on the effective date of this act. In                                      (2) As a condition precedent to the issuance or re-
the event that such permits contain conditions or stipu-                                      newal of a permit , the division shall require satisfactory
lations, such conditions and stipulations shall govern                                        evidence that the applicant has implemented, or is in the
and supersede subparagraphs (a) 1. and 4.                                                     process of implementing, programs for control of pollu-
   (c) The prohibitions in this subsection do not include                                     tion related to oil , petroleum products or their byprod-
"infield gathering lines," provided no other placement is                                     ucts, and other pollutants and the abatement thereof
reasonably available and all other required permits have                                      when a discharge occurs.
been obtained.                                                                                  Hlatory.-s. 1, ch. 61 -299; ss. 25, 35, ch. 69-106; s. 5, ch. 72-394; s. 70, ch . 79-65.
   (2) To issue permits to explore for and extract miner-
als which are subject to extraction from the land by                                             377.244 Conditions for granting permits for surface
means other than through a well hole.                                                         exploratory and extraction operations.-
                                                                                                 (1) Exploration for and extraction of minerals under
Each permit shall contain an agreement by the permit-                                         and by virtue of the authority of a grant of oil, gas, or min-
holder that the permitholder will not prevent inspection                                      eral rights, or which, subsequent to such grant, may be
by division personnel at any time .                                                           interpreted to include the right to explore for and extract
   Hiatory.-s. 1, ch. 61 -299; ss. 25, 35, ch. 69-106; s. 3, ch . 72-394; s. 69, ch. 79-65;
s. 3, ch. 80-283; s. 2, ch . 83-176.
                                                                                              minerals which are subject to extraction from the land
                                                                                              by means other than through a well hole, that is by
  377.2421 Division to review federal applications.-                                          means of surface exploratory and extraction operations
The division shall review all applications for federal oil                                    such as sifting of the sands, dragline, open pit mining,
leases in the territorial waters of the United States adja-                                   or other type of surface operation , which would include
cent to Florida waters and shall signify its approval or                                      movement of sands, dirt, rock , or minerals, shall be exer-
objection to each application .                                                               cised only pursuant to permit issued by the Division of
  Hiatory.-s. 4, ch . 72-394.                                                                 Resource Management upon applicant complying with
                                                                                              the following conditions :
   377.2424 Conditions for granting permits for geo-                                             (a) The applicant must own a valid deed, or other
physical operations.-Exploration for oil, gas, or miner-                                      muniment of title, or lease granting applicant the right
als by means of geophysical activities shall be exercised                                     to explore for and extract oil , gas, and other minerals
only pursuant to permit issued by the department, upon                                        from said lands.
the applicant's complying with the following conditions :                                        (b) The applicant shall post a good and sufficient
   (1) The applicant must have legal permission, which                                        surety bond with the division in such amount as the divi-
can be in the form of a lease, written permission of an                                       sion may determine is adequate to afford full and com-
owner of the minerals, or an affidavit of the applicant af-                                   plete protection for the owner of the surface rights of the
firming that he will obtain permission to explore through                                     lands described in the application , conditioned upon the
geophysical operations for oil, gas, or minerals underly-                                     full and complete restoration, by the applicant, of the
ing the lands.                                                                                area over which the exploratory and extraction opera-
   (2) The applicant shall post a good and sufficient                                         tions are conducted to the same condition and contour
surety bond with the department in such amount as the                                         in existence prior to such operations.
department may determine is adequate to protect state                                            (2) The provisions of this act shall not apply to the
lands and areas of critical state concern upon which                                          exploration and removal from lands of peat, muck, marl,
geophysical operations are conducted from failure by                                          limestone, limerock, kaolin, fuller's earth, phosphate,
the applicant to restore the area to the general condition                                    common clays , gravel, shell , sand, and similar sub-
and the contour similar to that in existence prior to such                                    stances , it being the legislative determination that the
operations. The bond shall contain reasonable stan-                                           mining and extraction operations, and the grants of au-
                                                                                          549
Ch.377                                                                 ENERGY RESOURCES                                                               F.S. 1985

thority under which these activities are conducted for                          the tract , with respect to which the exception is granted,
said substances exempted from the provisions of this                            will be prevented or minimized, and the producer of the
act, are dissimilar from the exploratory and extraction                         well drilled, as an exception, will be allowed to produce
operations and the grants of authority under which                              no more than his just and equitable share of the oil and
these activities are conducted for substances which                             gas in the pool, as such share is set forth in this section.
come within the purview of the regulatory provisions of                            (4) Subject to the reasonable requirements for pre-
this act.                                                                       vention of waste, a producer's just and equitable share
  Hlstory.-s. 1, ch. 61 -299; ss. 25, 35, ch . 69-106; s. 71, ch. 79-65.
                                                                                of the oil and gas in the pool, also sometimes referred
   377.245 Provision for distribution of earnings to                            to as a tract's just and equitable share, is that part of the
lessees or owners of the fractional undivided mineral                           authorized production for the pool, whether it be the to-
rights not owned by applicant for permit under ss.                              tal which could be produced without any restriction on
377.243 and 377.244.-Lessees or owners of the frac-                             the amount of production, or whether it be an amount
tional undivided oil, gas or other mineral rights in lands                      less than that which the pool could produce if no restric-
described in permits issued under the provisions of ss.                         tion on amount were imposed, which is substantially in
377.243 and 377.244, not owned by the applicant named                           the proportion that the quantity of recoverable oil and
in said permits, shall, as to all productive wells or surface                   gas in the developed area of his tract or tracts in the pool
mineral operations on said lands, be entitled to and be                         bears to the recoverable oil and gas in the total devel-
paid their pro rata part of the earnings after costs of ex-                     oped area of the pool, insofar as these amounts can be
ploration and operation have been allocated. The divi-                          practically ascertained; and, to that end, the rules, regu-
sion shall prescribe such reasonable and appropriate                            lations, permits and orders of the division shall be such
rules and regulations as shall be deemed necessary and                          as will prevent or minimize reasonably avoidable net
proper to implement the provisions of this section and                          drainage from each developed unit, that is, drainage
all other sections of this act.                                                 which is not equalized by counterdrainage, and will give
 History.-s. 1, ch. 61 -299; ss. 25, 35, ch. 69-106.                            to each producer the opportunity to use his just and eq-
                                                                                uitable share of the reservoir energy.
   377.25 Production pools; drilling units.-                                       Hlatory.-s. 19, ch. 22819, 1945; ss. 25, 35, ch. 69-106; s. 23, ch. 78-95.
   (1) No rule, regulation or order of the division shall
be such in terms or effect:                                                        377.26 Location of wells.-Whenever the division
   (a) That it shall be necessary at any time for the pro-                      fixes the location of any well or wells on the surface, the
ducer from , or the owner of, a tract of land in the pool ,                     point at which the maximum penetration of such well
in order that he may obtain such tract's just and equita-                       into the producing formation is reached shall not unrea-
ble share of the production of such pool , as such share                        sonably vary from the vertical drawn from the center of
is set forth in this section, to drill and operate any well                     the hole at the surface; provided, that the division shall
or wells on such tract in addition to such well or wells                        prescribe rules, regulations and orders governing the
as can without waste produce such share, or                                     reasonableness of such variation.
                                                                                   Hlatory.-s. 20, ch. 22819, 1945; ss. 25, 35, ch. 69-106.
   (b) As to occasion net drainage from a tract, unless
there be drilled and operated upon such tract a well or                            377.27 Drilling units.-
wells in addition to such well or wells thereon as can                             (1) When two or more separately owned tracts of
without waste produce such tract's just and equitable                           land are embraced within an established drilling unit, the
share, as set forth in this section, of the production of                       owners thereof may validly agree to integrate their inter-
such pool.                                                                      est and to develop their lands as a drilling unit. Where,
   (2) For the prevention of waste and to avoid the aug-                        however, such owners have not agreed to integrate their
menting and accumulation of risks arising from the drill-                       interests, the division shall, for the prevention of waste
ing of an excessive number of wells, the board shall es-                        and to avoid the risks involved in the drilling of unneces-
tablish a drilling unit or units for each pool. A drilling unit,                sary wells, require such owners to do so and to develop
as contemplated herein, means the maximum area in a                             their lands as a drilling unit.
pool which may be efficiently and economically drained                             (2) Should the owners of separate tracts embraced
by one well, and such unit shall constitute a developed                         within a drilling unit fail to agree upon the integration of
area as long as a well is located thereon which is capa-                        the tracts and the drilling of a well on the unit, and
ble of producing oil or gas in paying quantities.                               should it be established that the division is without au-
   (3) Each well permitted to be drilled upon any drilling                      thority to require integration as provided for in subsec-
unit shall be drilled approximately in the center thereof,                      tion (1 ), then, subject to all other applicable provisions
with such exception as may be reasonably necessary                              of this law, the owners of each tract embraced within the
where the division finds that the unit is partly outside the                    drilling unit may drill on their respective tracts; but the
pool or, for some other reason, a well approximately in                         allowable production therefrom shall be such proportion
the center of the unit would be nonproductive or where                          of the allowable for the full drilling unit as the area of
topographical conditions are such as to make the drilling                       such separately owned tract bears to the full drilling unit.
approximately in the center of the unit unduly burden-                             Hlatory.-s. 21 , ch. 22819, 1945; ss. 25, 35, ch. 69-106.
some . Whenever an exception is granted, the division
shall take such action as will offset any advantage which                        377.28 Cycling, pooling, and unitization of oil and
the person securing the exception may have over other                          gas.-
producers by reason of the drilling of the well as an ex-                         (1) The Department of Natural Resources may con-
ception, and so that drainage from developed units to                          sider the need for the operation as a unit of an entire
                                                                             550

				
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