Senate Bill 1138e1
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SB 1138 First Engrossed (ntc)
1 A bill to be entitled
2 An act relating to the Lake Region Lakes
3 Management District, Polk County; amending
4 chapter 8378, Laws of Florida, 1919, as
5 amended; exempting the district from certain
6 permitting requirements; providing an effective
7 date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Section 3 of chapter 8378, Laws of Florida,
12 1919, as amended by section 1 of chapter 90-499, Laws of
13 Florida, as amended by section 3 of chapter 97-344, Laws of
14 Florida, is amended to read:
15 Section 3. General Powers and Authority.--
16 (1) The Board of Commissioners is authorized and
17 empowered:
18 (c) To purchase, lease, sell, exchange or otherwise
19 acquire or dispose of real property and rights-of-way and to
20 construct, reconstruct, improve, extend, enlarge, relocate,
21 equip, operate, repair and maintain such public canals and
22 drainage canals, dams, locks, canal banks, lake shores, water
23 control structures, stormwater control and treatment
24 facilities and other facilities necessary or proper to further
25 the purposes of this act. However, any such stormwater control
26 or treatment facility project shall be undertaken only with
27 the concurrence of the governing body having jurisdiction over
28 the area involved.
29 (d) To beautify and maintain the rights-of-way, canal
30 banks and berms, lakes, public lake shores and other property
31 of the district as may enhance the appearance thereof and be
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SB 1138 First Engrossed (ntc)
1 beneficial to the property of the district. To the extent
2 this work takes place on property owned by private entities or
3 other public agencies, the prior permissions of such entities
4 or agencies shall be required.
5 (f) To take those measures necessary for the control
6 of undesirable aquatic and canal bank plants or pests as
7 determined by the Board of Commissioners, using best
8 management practices.
9 (2) The construction and maintenance of canals
10 connecting and managing the lakes, the development and
11 maintenance of areas adjoining the lakes and canals within the
12 district, the construction of stormwater control and treatment
13 facilities, the construction and operation of water control
14 structures as needed within canals affecting lakes within the
15 district, and other works of the district in connection
16 therewith, are hereby found to be of great importance, benefit
17 and utility to the inhabitants of the district. The district
18 is specifically authorized and empowered to exercise the
19 powers granted under this section outside the geographical
20 limits of the district, but within the drainage basins
21 containing the lakes within the district, when such exercise
22 is necessary or convenient to further the purposes of the
23 district and upon the concurrence of the governing body having
24 jurisdiction over the area involved.
25 (3) In furtherance of the purposes provided in
26 subsections (1) and (2), the district is exempt from the
27 permitting requirements of chapter 373, part IV, Florida
28 Statutes, to the extent described in this subsection. The
29 district is not required to obtain a permit to:
30 (a) Install for lake-level-management purposes up to
31 two 24-inch pipes or their equivalent, which are incorporated
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CODING: Words stricken are deletions; words underlined are additions.
SB 1138 First Engrossed (ntc)
1 with a water control structure, and are operated based on a
2 water management district's adopted lake-levels program which
3 was created pursuant to chapter 373, F.S.
4 (b) Remove pipes, crossovers, or other restrictions
5 located within a ditch if such items are too small for or
6 restrict the flow of water in a ditch.
7 (c) Add pipes or change the inverts of pipes located
8 in ditch crossovers when existing crossovers restrict the flow
9 of water in an existing ditch.
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11 The Lake Region Lakes Management District shall notify the
12 Southwest Florida Water Management District when it undertakes
13 project activities which qualify for an exemption pursuant to
14 this subsection. The area within the Lake Region Lakes
15 Management District that falls under the jurisdiction of the
16 St. John's River Water Management District is not subject to
17 the exemption provided in this subsection.
18 Section 2. This act shall take effect upon becoming a
19 law.
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