Ch. 372 GAME AND FRESH WATER FISH Ch. 372

Transcription

1 Ch. 372 GAME AND FRESH WATER FISH Ch Definitions.-In construing these statutes, when applied to salt and fresh water fish, shell fish, crustacea, sponges, wild birds and wild animals, where the context permits, the word, phrase or term: (1) "Resident" or "resident of Florida" includes citizens of the United States who have continuously resided in this state, next preceding the making of their application for hunting, fishing or other license, for the following periods of time, to-wit: for six months when applied to the fresh water fish and game laws; and for one year, in the state, and six months in the county when applied to all other fish and game laws. (2) "Fish and game" shall include all fresh and salt water fish, shell fish, crustacea, sponges, wild birds and wild animals. (3) "Game animals" shall include deer and squirrels. (4) "Fur-bearing animals" shall include muskrat, mink, raccoon, otter, civet cat, skunk, red and gray fox, bear, panther and opossum. (5) "Game birds" shall include the antidae, commonly known as swans, geese, brant and river and sea ducks; rallidae, commonly known as rails or marsh hens, coots and gallinules; limcolae, commonly known as shore birds, plovers, surf birds, snipe, woodcocks, sandpipers, tattlers and curlews; gallinae commonly known as wild turkeys, grouse, pheasants and quail and the species of columbae, known as mourn: ing doves (commonly called turtle doves). (6) "Non-game birds" shall include all wild birds other than game birds. (7) "Fresh water fish" shall include all classes of pisces that are indigenous to fresh water. (8) "Salt water fish" shall include all classes of pisces, shell fish, sponges and crustacea indigenous to salt water. (9) "Open season" shall be that portion of the year wherein the laws of Florida for the preservation of fish and game permit the taking of particular species of game or varieties of fish. (10) "Closed season" shall be that portion of the year wherein the laws of Florida forbid the taking of particular species of game or varieties of fish. (11) "Fresh water," except where otherwise provided by law, includes all lakes, rivers, canals, and other water ways of Florida to such point or points where the fresh and sait waters commingle to such an extent as to become unpalatable and UJ?fit for human consumption, becal!se of the sahne content, or to such point or pomts as may be fixed by the commission of game and fresh water fish, by and with the consent of the board of county commissioners of the county or counties to be affected by such order. The Steinhatchee river shall be considered fresh water from its source to mouth. (12) "Salt water" shall include all bodies of water, streams, rivers, canals and water ways not defined as fresh water. (13) Wherever it is made "lawful to take" game, non-game birds, fresh water fish or fur 1851 bearing animals or parts thereof or birds' nests or eggs, it shall mean the pursuit, hunting, capturing or killing thereof in the manner and at the time and by means specifically permitted. (14) Wherever it is made "unlawful to take" game, non-game birds, fresh water fish or furbearing animals or parts thereof or birds' nests or eggs, the phrase shall include pursuing, shooting, hunting, killing, trapping, capturing, snaring, netting, gigging, and collecting and all lesser acts such as worrying the same or placing or using any net or other device for the purpose of taking same, whether or not they result in the intended taking. (15) The phrase "common carrier" shall include any person, firm or corporation, who undertakes for hire, as a regular business, to transport persons or commodities from place to place offering his services to all such as may choose to employ him and pay his charges. (16) "Transport" shall Include shipping, transporting, carrying, importing, exporting, receiving or delivering for shipment, transportation or carriage or export. ( 17) The word "guide" shall include any person engaged in the business of guiding hunters or hunting parties, fishermen or fishing parties, for compensation. (18) "Shell fish" shall include oysters, clams and whelks. (19) "Coon oysters" are oysters found growing in bunches along the shore between high and low water mark. (20) "Reef bunch oysters" are oysters found growing on the bars or reefs in the open bay and exposed to the air between high and low tide. (21) "Food fish" shall include mullet, trout, red fish, sheephead, pompano, mackerel, bluefish, red snapper, grouper and all other fish generally used for human consumption. (22) A "natural" oyster or clam reef, or bed, or bar, shall be considered and defined as an area containing not less than one hundred square yards of the bottom where oysters or clams are found in a stratum. (23) "Private hunting preserve" shall include any area set aside by a private individual or concern on which artificially propagated game or birds are taken. (24) "A fish management area" is a pond, lake or other water within a county or within several counties designated to improve fishing for public use and established and specifically circumscribed for authorized management by the game and fresh water fish commission and the board of county commissioners of the county in which such waters lie under agreement between the commission and an owner with approval by the board of county commissioners or under agreement with the board of county commissioners for use of public waters in the county in which such waters lie. Hlstory.- 7, ch. 3147, 1879; 1, 2, 3, ch. 3292, 1881; RS 2761, 2762; 1, 18, 21, ch ; 11, 17, ch. 6877, 1915; RGS 1230; , ; 1, ch. 8588, 1921; 1, ch , 1927; CGL 1788, 1805, , 1902, 8063; 1, ch ; CGL 1936 Supp. 1977(1); 1, ch , 1939 ; CGL 1940 Supp (1-a) ; (23) n. 1, ch ; (24) n. 1. ch Note.-Formerly

2 Ch. 372 GAME AND FRESH WATER FISH Ch Game and fresh water fish commis sion.- (1) The game and fresh water fish commission shall consist of five members, one from each congressional district, as existed on January 1, 1941, who shall be appointed by the governor, subject to confirmation by the senate. (2) Members so appointed shall annually select one of their members as chairman. Such chairman may be removed at any time for sufficient cause, by the affirmative vote of the majority of the members of the commission. In case the said office of chairman becomes vacant by removal or otherwise, the same may be filled for the unexpired term at any time by the commission from its members. (3) Commission members shall receive no compensation for their services as such, but shall be reimbursed for traveling expenses as provided in Hlotory.- 2, ch , 1929; 1, ch , 1935; CGL 1936 Supp. 1977(2); 1, ch , 1951; (3) 19, ch ct.- 30, Art. IV, const Powers of commission and conservation officers.-the game and fresh water fish commission shall have power: to adopt and enforce rules and regulations for the government of its meetings and proceedings and for the transaction of its business; to appoint chief conservation officer for each congressional district, who shall reside therein during his employment, at an annual salary, payable in monthly installments from the state game trust fund, to be fixed by said commission not to exceed one thousand eight hundred dollars; to appoint as many conservation officers as may be required to efficiently enforce the game and fresh water fish laws of this state, said officers to be paid such salary, not less than nine hundred dollars per annum, as may be fixed by said commission, payable in monthly installments from the state game trust fund; to appoint honorary game wardens, who shall serve without compensation and who shall not be empowered to carry arms; and to enforce all laws relating to game, non-game birds, fresh water fish and fur-bearing animals. The chief conservation officers and the conservation officers shall be reimbursed for traveling expenses as provided in Each chief conservation officer and each conservation officer shall be covered by a public employee's faithful performance of duty bond, with two good and sufficient sureties, or one corporate blanket surety authorized to do business in this state, in the sum of one thousand dollars, to be approved by the commission, conditioned upon the faithful performance of his duties and payable to the governor and his successors in office. It shall be cause for removal for any conservation officer to hunt during the open season provided by law for taking game or to act as guide to any person at any time. Hlotory.- 3, ch , 1929; 1, ch , 1935; CGL 1036 Supp, 1077(3); 1, ch ; 2, ch ; 10, ch Powers, duties and authority of commission; rules, regulations and orders; effective 1852 date and notice.-the game and fresh water fish commission may exercise the powers, duties and authority granted by 30, article IV, of the constitution of Florida, by the adoption of rules. regulations and orders, or otherwise in its discretion, which said rules, regulations and orders shall be promulgated in the manner following: (1) All general codes of rules, regulations and orders, and all revisions thereof and amendments and additions thereto, of state-wide application, made and adopted by the commission shall be promulgated by the director of the commission, by filing a certified copy thereof in the office of the secretary of state of this state and a certified copy thereof in the office of each county judge of this state, and by the publication of a notice one time in each of the congressional districts of the state in a newspaper published in and having general circulation in such district, notifying and advising the people of the state such code of rules, regulations and orders, or revisions, amendments or additions thereto, have been made and adopted by the commission and a certified copy thereof is on file in the office of the secretary of state and also in the office of each county judge in the state, and a copy thereof may be obtained from the commission at its office in Tallahassee. (2) Such general code of rules, regulations and orders, and all revisions, amendments and additions thereto, shall become effective thirty days after the filing of a certified copy in the office of the secretary of state. (3) All rules, regulations and orders, and all revisions thereof and amendments and additions thereto, of less than state-wide application, made and adopted by the commission, shall be filed in the office of the secretary of state and notice thereof shall be published by the director of the commission, one time in a newspaper of general circulation published in the area or areas affected by such rule or regulation, within ten days from the date of the adoption thereof. Such rules, regulations and orders, and all revisions thereof and amendments and additions thereto shall become effective twenty days after being filed in the office of the secretary of state, and by publication as aforesaid the director of game and fresh water fish commission shall give notice such rules and regulations, and revisions thereof and amendments and additions thereto, have been adopted and may be obtained by all interested persons from the county judges of the counties within the areas affected, or from the office of the commission in Tallahassee. ( 4) A copy of all rules, regulations and orders and codes of rules, regulations and orders, and all revisions, amendments and additions thereto, whether of state-wide or limited application, shall be certified by the director of game and fresh water fish commission and shall be filed with the secretary of state within ten days after the adoption thereof, and in addition thereto, the said director shall, within the said ten-day period, file in the office of each county judge of this state a true and correct copy of all rules, regulations and orders and all revisions, amend-

3 Ch. 372 GAME AND FRESH WATER FISH Ch. 372 ments and additions thereto. A copy of said rules, regulations and orders, and revisions, amendments and additions thereto, or any portion or portions thereof, certified by the secretary of state under the great seal of the State of Florida, or by the director of the game and fresh water fish commission under the seal of the commission, shall be received as evidence in all courts of this state without further authentication; provided, nothing herein shall be construed as preventing or prohibiting the courts from taking judicial knowledge thereof. (5) The provisions of subsections (1), (3) and ( 4) relating to promulgation and filing are directory and not mandatory. Hlstory.- 4, 6, ch , Note.-Formerly Sale, trade, etc., commission lands in Lake and Marion counties.- (1) The game and fresh water fish commission be and it is hereby granted the right and privilege to trade, barter, or sell all lands now under their control in Lake and Marion counties, not being used for the purpose of conservation, or to exchange said lands for other lands that might be necessary for their use and benefit for the purpose of conservation. (2) The game and fresh water fish commission be and it is hereby granted the right and privilege to trade, barter, or sell all lands now under their control which are no longer necessary for conservation purposes; provided, however, such lands shall not exceed ten acres in size; provided however that the entire proceeds from the sale of such lands, less reasonable expenses incident to such sale, shall be deposited in the general revenue fund of the state, and provided further that the procedures of and shall be followed strictly in the sale and disposal of said lands. History.- 1, chs , 26985, 1951; 1, ch cf.-a<i 830(4) Power to purchase or otherwise acquire lands for use J. W. Corbett wildlife management area.- (1) The game and fresh water fish commission of this state is authorized and empowered to do the following as to the J. W. Corbett wildlife management area in Palm Beach county, when, in its judgment, it is in the best interest of orderly and economical development of said area, viz: (a) To trade, barter or exchange lands therein for lands of greater acreage contiguous to said wildlife management area. (b) To lease a portion or portions thereof upon such terms and upon such conditions as it deems advisable. The rental received from any such lease shall be used in the further development, maintenance and improvement of said wildlife management area. Any such lease shall not contain any covenants or conditions which in anywise conflict or interfere with the operation, development, management or maintenance of said leased lands as a wildlife management area. (c) To grant easements for construction and maintenance of roads, railroads, canals, ditches, dikes and utilities, including but not limited to telephone, telegraph, oil, gas, electric power, water and sewers. (d) To convey or release all rights in and to the phosphate, minerals, metals and petroleum that is or may be in, on or under any lands traded, bartered or exchanged pursuant to paragraph (a) hereof. (2) The trustees of the internal improvement board and the state board of education and all and every board, state department or state agency of the state having any title, right and interest in or to the land including oil and mineral rights in the lands to be traded, bartered or exchanged within the J. W. Corbett wildlife management area in Palm Beach county, is authorized and empowered to convey this interest of whatsoever nature to the record owner. Wstory.- 1, 2, ch , Headquarters of commission. - The game and fresh water fish commission is located at the state capital, and, when suitable adequate office space cannot be provided in the state capitol building, or other buildings owned by the state, the commission may rent or lease suitable office space in Tallahassee. Said commission may also rent or lease suitable and adequate space in other cities and towns of the state for branch or division offices and headquarters and store rooms for equipment and supplies, as the business of the commission may require or necessitate, payment for said rented or leased premises to be made from the state game trust fund. Hlstory.- 2, ch , 1929; 1, ch , 1936; CGL 1936 Supp. 1977(2); 2, ch cf Compensation of clerk of circuit court Director of commission.-the commission shall appoint, fix the salary of, and at pleasure remove, a suitable person, not a member of the commission, as director. Said director shall be reimbursed for traveling and other expenses incurred in the discharge of his official duties. The director shall give bond in the sum of ten thousand dollars, conditioned upon the faithful performance of his official duties, payable to the governor and his successors in office, with some reputable bonding corporation authorized to do business in this state as surety, said bond to be approved by the state comptroller. Said director shall maintain his headquarters and reside at the state capitol. History.- 2, ch , 1929; 1, ch , 1936; CGL 1936 Supp. 1977(2); 2, ch , cf.-a4 830(5) Game and fresh water fish commission; powers, duties, etc.; appointment of director Duties of director. - The director shall: (1) Keep full and correct minutes of the proceedings of said commission at its meetings, which minutes shall be open for public inspection. (2) Purchase such supplies and employ such help and assistants as may be reasonably necessary in the performance of his duties. 1853

4 Ch. 372 GAME AND FRESH WATER FISH Ch. 372 (3) Have full authority to represent the commission in its dealings with other state departments, county commissioners, and the federal government. (4) Submit to the commission at each of its meetings a report of all his actions and doings as official representative of the commission. (5) Visit each county in the state at least once each year and oftener if it appears to him to be necessary. (6) Appoint, fix salaries of, and at pleasure remove, subject to the approval of the commission, assistants and other employees who shall have such powers and duties as may be assigned to them by the commission or director. (7) Have such other powers and duties as may be prescribed by the commission in pursuance of its duties under 30, Art. IV, of the state constitution. History.- 2, 3, ch , 1929; 1. ch , 1936; CGL 1936 Supp (2), 1977(3) ; 3, ch , ct.-a4 8 30(5 ) Game and fresh water tlsh commission; powers, duties, etc.; duties ot director Seal of commission; certificate as evidence.-the game and fresh water fish commission shall adopt and use a common seal, and a certificate under the seal of the commission, signed by its chairman and attested by its director shall constitute sufficient evidence of the action of the commission; and copies of the minutes of the commission, or any part thereof, or of any record or paper of said commission, or any part thereof, or of any rule, regulation, or order of the commission, or any part thereof, or of any code of rules, regulations or orders of the commission, or any part thereof, certified by the director of the commission under its seal, shall be admissible in evidence in all cases and proceedings in all courts, boards and commissions of this state without further authentication. Wstory.- 3, ch , 1943; 4, ch , Note.-Formerly Meetings of the commission.- At least four meetings of the game and fresh water fish commission shall be held at the state capital no less frequently than once every three months, which meetings shall be known as the quarterly meetings of the commission; other meetings may be held at such times and places as may be decided upon or as provided by rules of the commission, such meetings to be called by the executive secretary on not less than one week's notice to all members of the commission; or meetings may be held upon the request in writing of three members of the commission, at a time and place to be designated in the request, and notice of such meetings shall be given at least one week in advance thereof to all members of the commission by the executive secretary. Three members shall constitute a quorum at any meeting of the commission. No action shall be binding when taken up by the commission, except at a regular or call meeting and duly recorded in the minutes of said meeting. Hlstory.- 2, ch. 136«, 1929; 1, ch , 1936; CGL 1936 Supp (2) Meetings; au.thority to hold at any point in state.- (!) From and after June 15, 1953, the game and fresh water fish commission of the state is hereby authorized and empowered to hold its meetings at any point in the state; that rules, regulations, resolutions or orders of the commission made and promulgated at meetings held at points other than Tallahassee shall have the same full force and effect as those made and promulgated at meetings held in Tallahassee. (2) Due and proper notice shall be given publishing the place and date of such meetings. Blstory , ch , Police powers of commission and its agents.-the game and fresh water fish commission and each and every of its duly authorized conservation agents, have power and authority, throughout the state, to enforce all laws relating to game, non-game birds, fresh water fish and fur-bearing animals, and in connection with said laws, in the enforcement thereof and in the performance of their duties thereunder, to go upon all premises, posted or otherwise; execute warrants and search warrants for the violation of said laws; serve subpoenas issued for the examination, investigation and trial of all offenses against said laws; carry firearms or other weapons, concealed or otherwise, in the performance of their duties; arrest upon probable cause without warrant any person found in the act of violating any of the provisions of said laws or, in pursuit immediately following such violations, examine any person, boat, conveyance, vehicle, game-bag, game-coat or any other receptacle for game, non-game birds, fresh water fish or fur-bearing animals, or any camp tent, cabin or roster in the presence of any person stopping at or belonging to such camp tent, cabin or roster, when he has reason t~ believe, has exhibited his authority and stated to the suspected person in charge his reason for believing that any of the aforesaid laws have been violated at such camp; secure and execute search warrants and in pursuance thereof, to enter any building, enclosure or car and to break open, when found necessary, any apartment, chest, locker, box, trunk, crate basket, bag, package or container and examin~ the contents thereof; seize and take possession of all game, non-game birds, fresh water fish and fur-bearing animals, which may have been taken or had in possession or under control or which have been shipped or about to be shippe? at any time or in any manner contrary to said laws. Hlstory.- 3, ch , 1929: 1, ch CGL 1936 Supp. 1977(3); 7, ch , ' ' Audit of accounts; reports.- The governor shall require an audit of the office and accounts of the game and fresh water fish commission to be made at least once during each fiscal year and said commission shall make an annual written report to the gqvernor as to the administration of its department. Hlstory.- 10, ch , 1929; CGL 1936 Supp. 1977(10).

5 Ch. 372 GAME AND FRESH WATER FISH Ch State game trust fund established. The funds resulting from the operation of the commission and from the administration of the laws and regulations pertaining to birds, game, fur-bearing animals, fresh water fish, reptiles, and amphibians, together with any other funds specifically provided for such purposes shall constitute the state game trust fund and shall be used by the commission as it shall deem fit in carrying out the provisions hereof and for no other purposes. The commission may not obligate itself beyond the current resources of the state game trust fund unless specifically so authorized by the legislature. History.- 13, ch , 1929; 1, ch , 1935; CGL 1936 Supp (3) ; 7, ch , cf.-a4 830 (6) Establishing state game fund Payment of accounts, etc.-all accounts, claims and bills of every nature against the game and fresh water fish commission shall be examined by the said commission and, if found correct, shall be approved and delivered to the comptroller who shall issue a warrant, drawn upon the state treasurer against the state game trust fund, to pay the same. Payment of the salary of the executive secretary and the expenses of the members of the commission shall be made upon the certificate of each as to the correctness thereof, when approved by a majority of the members of the said commission, upon vouchers issued by the executive secretary and countersigned by the chairman, said vouchers to be audited and al~ lowed by the state comptroller and paid by the comptroller's warrant on the state treasurer out of the state game trust fund. Hlstory.- 2, 9, ch , 1929; CGL 1936 Supp. 1977(2), 1977(9); 2, ch Acquisition of state game lands. The game and fresh water fish commission, with the approval of the governor, may acquire, in the name of the state, lands and waters suitable for the protection and propagation of game, fish, non-game birds or fur-bearing animals, or for hunting purposes, game farms, by purchase, lease, gift or otherwise to be known as state game lands. The said commission may erect such buildings and fences as may be deemed necessary to properly maintain and protect such lands, or for propagation of game, non-game birds, fresh water fish or fur-bearing animals. The title of land acquired by purchase, lease, gift or otherwise, shall be approved by the attorney general. The deed to such lands shall be deposited as are deeds to other state lands. No such lands shall be purchased at a price to exceed ten dollars per acre. No property acquired under this section shall be exempt from state, county or 'district taxation. History.- 6, 67, ch , 1929; CGL 1936 Supp. 1977(6), 1977 (67); 7, ch , 1945; 25, ch , cf.-a4 S30(4) Game and fresh water fish commission; powers, duties, etc Preserves, refuges, etc., not tax exempt Private game preserves and farms; penalty.- (1) Any person owning land in this state may, after having secured a license therefor from the game and fresh water fish commission, establish, maintain and operate within the boundaries thereof, a private preserve and farm, not exceeding an area of six hundred forty acres, for the protection, preservation, propagation, rearing and production of game birds and animals for private and commercial purposes, provided that no two game preserves shall join each other or be connected. (2) All private game preserves or farms established under the provisions of this section shall be fenced in such manner that domestic game thereon may not escape and wild game on surrounding lands may not enter and shall be subject at any time to inspection by the game and fresh water fish commission, or its conservation officers. Such private preserve or farm shall be equipped and operated in such manner as to provide sufficient food and humane treatment for the game kept thereon. Game reared or produced on private game preserves and farms shall be considered domestic game and private property and may be sold or disposed of as such and shall be the subject of larceny. Live game may be purchased, sold, shipped and transported for propagation and restocking purposes only at any time. Such game may be sold for food purposes only during the open season provided by law for such game. All game killed must be killed on the premises of such private game preserve or farm and must be killed by means other than shooting, except during the open season. All domestic game sold for food purposes must be marked or tagged in a manner prescribed by the game and fresh water fish commission and the owner or operator of such private game preserve or farm shall report to the said commission, on blanks to be furnished by it, each sale or shipment of domestic game, such reports showing the quantity and kind of game shipped or sold and to whom sold. Such report shall be made not later than five days following such sale or shipment. Game reared or produced as aforesaid may be served as such by hotels, restaurants or other public eating places during the open season provided by law on such particular species of game, under such regulations as the commission may prescribe. (3) It is unlawful for any common carrier to knowingly transport or receive for transportation any domestic game unless the package or container containing such shipment has attached thereto a permit for such shipment and such package or container shall be marked on the outside showing quantity and kind of game enclosed. (4) Any person violating the provisions of this section, upon conviction, shall be fined not more than two hundred fifty dollars or Imprisoned not more than ninety days, for the first offense and fined not more than five hundred dollars or imprisoned not more than six months for a second or subsequent offense. Any person convicted of violating the provis- 1855

6 Ch. 872 GAME AND FRESH WATER FISH Ch. 372 ions of this section shall forfeit, to the commission of game and fresh water fish, any license or permit issued under the provisions hereof and no further license or permit shall be issued to such person for a period of one year following such conviction. Before any private game preserve or farm is established the owner or operator shall secure a license from the game and fresh water fish commission, the fee for which shall be five dollars per annum. History.- 70-A, ch , 1929; 1-9, ch , 19~; CGL 1936 Supp. 1901(5)-1901(15), 1977(71). cf Alternative punishment Preserves, refuges, etc., not tax exempt.-no property acquired by purchase, lease, gift, contract to purchase or lease, or otherwise, under the provisions of this chapter, as state game lands, or any private lands used as game refuges, shooting grounds, privileges, hatcheries or breeding grounds for fish, game, birds or fur-bearing animals, except state owned lands being used for the protection of game, fish or fur-bearing animals under the provisions of this chapter, shall be exempt from state, county or district taxation. Any contract, lease, gift or purchase of land for such purposes which attempts to exempt or partially exempt such property from taxation shall be null and void and of no effect. History.- 67, ch , 1929; CGL 1936 Supp. 1977(67). cf Acquisition of state game lands Imported fish.-no person shall import into the state or place in any of the fresh waters of the state any fresh water fish of any species without having first obtained a permit from the game and fresh water fish commission. Hlstory.- 37, ch , 1929; CGL 1936 Supp. 1977(37) Silver Springs and Rainbow Springs, etc., closed to all fishing.-it is unlawful for any person to take any fish within Marion county, from the waters of Rainbow springs and Rainbow river (formerly known as Blue springs and Blue springs river) within a radius of one mile from the head of said spring or from the waters of Silver springs or Silver springs run from the head of said spring to its junction with the Ocklawaha river; provided, that the commission of game and fresh water fish may remove or cause to be removed any gar, mud fish or other predatory fish when in its judgment their removal is desirable. History.- 34, 34-A, ch , 1929 ; 1, ch , 1935 ; CGL 1936 Supp. 1977(34), (34-a) ; 6, ch , 1951 ; 1, ch , Disposition of illegal fishing devices. (1) In all cases of arrest and conviction for use of illegal nets or traps or fishing devices, as provided in this chapter, such illegal net, trap, or fishing device is declared to be a nuisance and shall be seized and carried before the court having jurisdiction of such offense and said court shall order such illegal trap, net or fishing device forfeited to the game and fresh water fish commission immediately after trial and conviction of the person in whose possession they were found. When any illegal net, trap 1856 or fishing device is found in the fresh waters of the state, and the owner of same shall not be known to the officer finding the same, such officer shall immediately procure from the county judge an order forfeiting said illegal net, trap or fishing device to the game and fresh water fish commission. The game and fresh water fish commission may destroy such illegal net, trap or fishing device, if in its judgment said net, trap or fishing device is not of value in the work of the department. (2) When any nets, traps, or fishing devices are found being Uded illegally as provided in this chapter, the same shall be seized and forfeited to the game and fresh water fish commission as provided in this chapter. Wstory.- 25, ch , 1929; CGL 1936 Supp. 1977(25); 1, ch Disposition and appraisal of property seized under this chapter.- (1) Every officer seizing illegally used property pursuant to the provisions of this law shall forthwith make return of the seizure thereof and deliver the said property to the board of county commissioners of the county wherein the said property was seized. The said return to the board of county commissioners shall describe the property seized and give in detail the facts and circumstances under which the same was seized and state in full the reason why the seizing officer knew, or was led to believe, said property was being used for and in connection with a violation of the statutes and laws of this state prohibiting the illegal use of nets, traps or fishing devices. The said return shall contain the names of all persons, firms and corporations known to the seizing officer to be interested in the seized property. (2) When any illegally used property is seized by any officer pursuant to this law and delivered to the board of county commissioners as aforesaid, the board shall forthwith fix the approximate value thereof and make return thereof to the clerk of the circuit court as hereinafter provided. (3) The return of the board of county commissioners shall contain a schedule of the property seized, describing the same in reasonable detail and giving in detail the facts and circumstances under which it was seized and state in full the reason why the seizing officer knew or was led to believe that the property was being used for or in connection with a violation of the statutes and laws of this state prohibiting the illegal use of nets, traps, or fishing devices; and a statement of the names of all persons, firms and corporations known to be interested in the seized property and shall attach to their said return as exhibit thereto, the return of the seizing officer to the board. ( 4) The board of county commissioners shall hold the said seized property pending its disposal by the court as hereinafter provided. mstory.- 2, ch Forfeiture proceedings.- (!) The return of the board aforesaid to

7 Ch. 372 GAME AND FRESH WATER FISH Ch. 372 the clerk of the circuit court shail be taken and considered as the state's petition or libel in rem for the forfeiture of the property therein described, of which the circuit court of the county shall have jurisdiction, without regard to value, under and by virtue of that provision in 6(3), Art. V of the state constitution, under which the circuit courts may be given jurisdiction of "such other matters as the legislature may provide." The said return shall be sufficient as said petition or libel notwithstanding the fact that it may contain no formal prayer or demand for forfeiture, it being the intention of the legislature that forfeiture may be decreed without a formal prayer or demand therefor. The said return shall be subject to amendment at any time before final hearing, provided that copies thereof shall be served upon all persons, firms or corporations who may have filed a claim prior to such amendment. (2) Upon the filing of said return the clerk of the circuit court shall issue a citation, directed to all persons, firms and corporations owning, having or claiming an interest in or lien upon the seized property, giving notice of the seizure and directing that all persons, firms or corporations owning, having or claiming an interest therein or lien thereon to file their claim to, on, or in said property within the time fixed in said citation, as to persons, firms and corporations not personally served, and within twenty days from personal service of said citation, when personal service is had. (3) The said citation may be in, or substantially in, the following form: IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR _ COUNTY, FLORIDA. IN RE FORFEITURE OF THE FOLLOWING DESCRIBED PROPERTY: (here describe property) THE STATE OF FLORIDA TO: ALL PERSONS, FIRMS AND CORPORA TIONS OWNING, HAVING OR CLAIMING AN INTEREST IN OR LIEN ON THE ABOVE DESCRIBED PROPERTY YOU AND EACH OF YOU are hereby notitied that the above described property has been seized, under and by virtue of chapter 372, as amended, and is now in the possession of the board of county commissioners of this county, and you, and each of you, are hereby further notified that a petition, under said chapter, has been filed in the circuit court of the Judicial Circuit, in and for County, Florida, seeking the forfeiture of the said property, and you are hereby directed and required to file your claim, if any you have, and show cause, on or before, 19, if not personally served with process herein, and within twenty days from personal service if personally served with process herein, why the said property should not be forfeited pursuant to said chapter. Should you fail to file claim as herein directed judgment will be entered herein against you in due course. Persons not personally served with process. may obtain a 1857 copy of the petition for forfeiture filed herein from the undersigned clerk of court WITNESS my hand and the seal of the above mentioned court, at, Florida, this (COURT SEAL) Clerk of the above mentioned court By Deputy Clerk (4) Such citation shall be returnable, as to persons served constructively, as therein directed, not less than twenty-one nor more than thirty days, from the posting or publication thereof, and as to those personally served with process within twenty days from service thereof. A copy of the petition shall be served with the process when personally served. Personal service of process may be made in the same manner as a summons in chancery. (5) If the value of the property seized is shown by the board's return to have an appraised value of four hundred dollars or less, the above citation shall be served by posting at three public places in the county, one of which shall be the front door of the courthouse; if the value of the property is shown by the board's return to have an approximate value of more than four hundred dollars, the citation shall be published once a week for three consecutive weeks in some newspaper of general publication published in the county, if there be such a newspaper published in the county, and if not, then said notice of such publication shall be made by certificate of the clerk if publication is made by posting and by affidavit as provided in chapter 49, if made by publication in a newspaper, which affidavit or certificate shall be filed and become a part of the record in the cause. Failure of the record to show proof of such publication shall not affect any judgment made in the cause unless it shall affirmatively appear that no such publication was made. mstory.- 3, ch Delivery of property to claimant.- Any person, firm or corporation filing a claim in the cause, which claim shall state fully his right, title, claim or interest, in and to the seized property, may, at any time after said claim is filed with the clerk of the court ob tain possession of the seized property by flling a petition therefor with the board of county commissioners and posting with said board to be approved by it, a surety bond, payabl~ to the governor of the state, in twice the amount of the value of the said property as fixed in the board's return to the clerk of the circuit court, with a corporate surety duly au- thorized to transact business in this state as surety, conditioned upon his paying to the board of county commissioners the value of the property together with costs of the proceeding, if judgment of forfeiture be entered by the court. Upon the posting of such bond with the board and the release of the property to the applicant the cause shall proceed to final judg-

8 Ch. 372 GAME AND FRESH WATER FISH Ch. 372 ment in the same manner, as it would have, had no such bond been filed, except that any exception to be issued in the cause pursuant to judgment may run against and be enforced against the person posting said bond and his surety. IDstory.- 4, ch Proceeding when no claim filed. When no claim is filed in the cause within the time required the clerk shall enter a default against all persons, firms and corporations owning, claiming or having an interest in and to the property seized and the cause may then proceed in the same manner as a common law cause after default, and final judgment shall be entered therein ex parte, except as may be herein otherwise provided. IDstory.- 4, ch Proceeding when claim filed.-when one or more claims are filed in the cause the cause shall be tried upon the issues made thereby with the petition for forfeiture with any affirmative defenses being deemed denied without further pleading. Judgment by default shall be entered against all other persons, firms and corporations owning, claiming or having an interest in and to the property seized, after which the cause shall proceed as in other common law cases; except any claimant shall prove to the satisfaction of the court that he did not know or have any reason to believe, at the time his right, title, interest, or lien arose, that the property was being used for or in connection with the violation of any of the statutes or laws of this state prohibiting the illegal use of nets, traps or fishing devices, and further that at said time there was no reasonable reason to believe that the said property might be used for such purpose. Where the owner or user of the property has been convicted of a violation of the statutes and laws of this state prohibiting the illegal use of nets, traps or fishing devices, such conviction shall be prima facie evidence that each claimant had reason to believe that the property might be used for or in connection with a violation of such statutes and laws, and the burden of proof shall be upon each claimant to satisfy the court that he was without knowledge of such conviction, providing, however, the prima facie presumption of knowledge of a previous conviction of a violation of this law shall only apply to a subsequent proceeding involving the forfeiture of nets, traps or fishing devices, when owned by such previous offender and upon which a lien is held by the same lienee involved in the first claim proceedings. Trial of all such causes shall be without a jury, except in such cases as a trial by jury may be guaranteed by the state constitution and in such cases trial by jury shall be deemed waived unless demanded in the claim filed. IDstory.- 5, ch State attorney to represent state. Upon the filing of the board's return with the clerk of the circuit court the said clerk shall 1858 furnish the state attorney with a copy thereof and the said state attorney shall represent the state in the forfeiture proceeding. The attorney general shall represent the state in all appeals from judgments of forfeiture to the supreme court. The state may appeal any judgment denying forfeiture in whole or in part or that may be otherwise adverse to the state. History.- 6, ch Judgment of forfeiture.-on final hearing the return of the board to the clerk of the circuit court shall be taken as prima facie evidence that the property seized was or had been used in, or in connection with, the violation of the statutes and laws of this state prohibiting the illegal use of nets, traps or fishing devices in this state and shall be sufficient predicate for a judgment of forfeiture in the absence of other proofs and evidence. The burden shall be upon the claimant to show that the property was not so used, if so used, that they had no knowledge of such violation and no reason to believe that the seized property was or would be used for the violation of such statutes and laws. Where such property is encumbered by a lien or retained title agreement under circumstances wherein the lienholder had no knowledge that the property was or would be used in violating such statutes and laws, and no reasonable reason to believe that it might be so used, then the court may declare a forfeiture of all other rights, titles and interests, subject, however, to the lien of such innocent lienholder, or may direct the payment of such lien from the proceeds of any sale of the said property. The proceedings and the judgment of forfeiture shall be in rem and shall be primarily against the property itself. Upon the entry of a judgment of forfeiture the court shall determine the disposition to be made of the property, which may include the destruction thereof, the sale thereof, the allocation thereof to some governmental function or use, or otherwise as the court may determine. Sales of such property shall be at public sale to the highest and best bidder therefor for cash after two weeks public notice as the court may direct. Where the property has been delivered to a claimant upon the posting of a bond the court shall determine the value of the property or portion thereof subject to forfeiture and shall enter judgment against the principal and surety of the bond in such amount for which execution shall issue in the usual manner. Upon the application of any claimant the court may fix the value of the forfeitable interest or interests in the seized property and permit such claimant to redeem the said property upon the payment of a sum equal to said value which sum shall be disposed of as would the proceeds of a sale of the said property under a judgment of forfeiture. IDstory.- 7, ch Fees for services.-fees for services required hereunder shall be the same as provided for sheriffs and clerks for like and

9 Ch. 372 GAME AND FRESH WATER FISH Ch. 372 similar services in other cases and matters. Wstory.- 8, ch Disposition of proceeds of forfeiture.-aii sums received from sale or other disposition of the seized property shall be paid into the county fine and forfeiture fund and shall become a part thereof. mstory.- 9, ch Exercise of police power.-it is deemed by the legislature.that this law ( to , both inclusive) is necessary for the more efficient and proper enforcement of the statutes and laws of this state prohibiting the illegal use of nets, traps or fishing devices and a lawful exercise of the police power of the state for the protection of the public welfare, health, and safety of the people of the state. All the provisions of this law shall be liberally construed for the accomplishment of these purposes. IDs tory.- 10, ch Unlawful to kill carrier pigeon; penalty.-it is unlawful for any per:son to catch, kill, maim, wound, detain or molest any homing pigeon or carrier pigeon, or pigeon carrying a metallic band, the property of another. Any person violating the provisions of this section shall be punished by a fine of not less than five dollars, nor more than twenty-five dollars, or by imprisonment not to exceed sixty days, and in addition to such fine or imprisonment shall be required to pay as costs in the case, to go to the prosecuting witness, the sum of ten dollars. SO~~story.- 1, ch. 4806, 1899; GS 8753; RGS 5778; CGL cf Alternative punishment Fishing, hunting and trapping licenses.-no person, except residents more than sixty-five years of age and children under fifteen years of age, shall take or attempt to take game, fresh water fish or fur-bearing animals within the state without having first obtained a license and paid the license fee hereinafter set out. Said license shall be dated when issued and when issued in the closed season shall authorize the person named therein to take game, fresh water fish or fur-bearing animals only during the open season next following, and, when issued during the open season shall authorize the person named therein to take game, fresh water fish or fur-bearing animals only during the remainder of such open season. The license issued shall be in the personal possession of the person to whom issued, while taking or attempting to take game, fresh water fish or furbearing animals and his failure to exhibit such license to the game and fresh water fish commission or any of its conservation officers, when found taking or attempting to take game, fresh water fish or fur-bearing animals, shall be considered a violation of this chapter. The license fees for fishing in the fresh waters of the state and for hunting and trapping in the state, for residents and nonresidents, which shall not include aliens, who are required to obtain a special license hereinafter mentioned, are as follows: (1) Fishing license for nonresidents of the state to take fresh water fish for noncommercial purposes in the waters of the state at large by any lawful methods prescribed by rules and regulations of the game and fresh water fish commission shall be seven dollars and fifty cents per annum. (2) Fishing license for nonresidents of the state for fourteen consecutive days only, to take fresh water fish for noncommercial purposes from the waters of the state at large, by any lawful method prescribed by rules and regulations of the game and fresh water fish commission, shall be three dollars. Fishing license for nonresidents for five consecutive days shall be two dollars. (3) Fishing license for residents of the state to take fresh water fish with pole and line, rod and reel, plug, bob, spinner, spoon, fly, troll, trotline, or other artificial bait or lure in the fresh waters of the state shall be two dollars and seventy-five cents. (4) (a) No license shall be required for residents of the state fishing with not more than three poles or lines for noncommercial purposes in the county of his residence except on legally established fish management areas. (b) No license shall be required for any person fishing in a man made fish pond not to exceed twenty acres and located entirely within private property of the pond owner unless fish management services or fish stocking have been furnished for such pond by any public agency after the effective date of this act (c) No license shall be required for any person fishing in a man made fish pond of more than twenty acres but less than one hundred fifty acres and located entirely within private property of the pond owner, even though fish management services or fish stocking have been furnished for the pond if the pond owner shall have paid an annual private fish pond license fee of three dollars per surface acre of pond, not to exceed three hundred dollars maximum for total acreage. (5) Hunting license for nonresidents, for the state at large, twenty-six dollars; provided, nonresidents, who are bona fide owners of not less than three thousand acres of land situate in any one county, may obtain such license for the sum of eleven dollars for the privilege of hunting in the county where said lands are situated; provided, further, that said lands are not tax delinquent; this privilege of obtaining such license for eleven dollars shall likewise extend to the wife of said owner. (6) Hunting license for nonresidents, for ten consecutive days only, for the state at large, eleven dollars. (7) Hunting license for residents for the state at large, seven dollars. (8) Hunting license for residents for counties other than county of residence, four dollars per county. (9) Hunting license for residents for county

10 Ch. 372 GAME AND FRESH WATER FISH Ch. 372 of legal residence, one dollar and seventy-five cents. (10) No license shall be required of a resident to take game in the county of his residence, on his homestead or the homestead of his spouse or minor child, or minor children, to take game on the homestead of their parents. (11) License for nonresidents to take furbearing animals in the state at large, one hundred dollars. (12) License for nonresidents to take furbearing animals in one or more counties, twenty-five dollars for each county in which taken. (13) License for residents to take fur-bearing animals in the state at large, twenty-five dollars. Provided, however, that residents or nonresidents taking fur-bearing animals by guns or by dogs only, and not by the use of traps or other devices, and not for commercial purposes, who shall have paid the license fees provided for hunting and taking game, shall not be required to pay the license fees provided for taking fur-bearing animals. license as provided in (3). History.- 15, 19-21, ch , 1929; 1, ch, , ch , 1935; CGL 1936 Supp, 1977(15) (19)-(n) i ch , 1939; 1, ch , 1941; am. 1, ~h , i945i (1) 1, ch , (2) 1, ch , 1951; (2) 1, ch , 1955; (16) 1, ch ; (16) n. 2, ch (1) (2) 11. ch ; (17) (a) 1, ch ; (3). ( 4) (ls) n 2 ch ; (4), 1, ch ' Expiration of licenses.-each license issued under this chapter shall be dated when issued and shall expire on June 30 follow.in.g; provided, that each license having a vahd1ty of les~ than one year shall expire at the end of the period specified for the license provid~d, further, that nothing therein or i~ such hcense 'Shall be construed as entitling the holder thereof to take wildlife or fish contrary to the rules and regulations of the game and fresh water fish commission. ~story.- l, ch , 1945; 26, ch , 1955; u, ch cf Fishing, hunting and trapping license Right of resident to fish in certain waters.-any resident of a county, the territory of which is bounded in whole or in part by a lake river, creek, bayou, or other body of water shali (14) License for residents to take fur-bear- be entitled, if otherwise qualified to flsh in ing animals in one or more counties, other than waters wholly within the county of hi~ residence to fish in any part of the main body of' the water~ the county of their residence, ten dollars for of such lake, river, creek, bayou, or other body each county in which taken. of water forming such boundary, even though (15) License for residents to take fur-bear- such main body thereof be partially or wholly ing animals in the county of their legal resi- within the territory of another county. dence, three dollars. History.- 1, ch , (16) Special hunting license for hunting Permits, land owned, etc., by state; in private hunting preserves for residents or fee.- nonresidents, five dollars provided that any (1) The director of the game and fresh person may hunt on a private hunting preserve water fish commission of the state be and he with any valid resident or nonresident license. is, authorized to issue permits to pe~sons to (17) (a) The aforesaid licenses for the hunt on lands owned, managed, or leased by state may be issued by any county judge in the the state for the use and benefit of the game state; all other licenses must be issued by the and fresh water fish commission and/or by county judge of the county wherein the license the game and fresh water fish commission is to be effective or used. The official seal of (2) The director shall charge a fee set by the county judge issuing the license shall be the game and fresh water fish commission and affixed thereto. To cover the cost of issuing not to exceed five dollars for such permit and the license the county judge issuing the same the same shall be over and above the license shall collect and retain as his costs, in addition fee for h~nting required by law; provided, all to the license fee above mentioned, the sum persons s1xty-five years of age and older shall of twenty-five cents for each license costing be exempt from the payment of such fees for three dollars or less and fifty cents for each such permit provided further that such perlicense costing more than three dollars. sons shall obtain a permit before hunting in (b) Aliens, or persons not citizens of the such areas from the judge of the county of United States, must obtain special licenses be- their residence by attesting to the fact that fore hunting or fishing in this state as follows: they are sixty-five years of age or older. mstory.- 1, 2, ch , 1949 ; (2) 1, ch To take fish in the state at large, the fee and license for which shall be the same Appointment of su.b-agents for isas that charged nonresidents for fishing li- s,:uance and sale of hunting, fishing and trapping censes. These licenses shall be issued by the hcenses.- county judges.. (1) The county judge of any county hav- 2. To take wild game or birds in the state mg. only one county judge or the senior counat large, the fee for which shall be fifty dollars. ty Judge_ of any county having more than one These licenses shall be issued by the game and county JUdge shall be authorized to appoint fresh water fish commission. any person, firm, partnership or corporation as ~ sub-age_nt for the sale and issuance of (18) Any person fishing in a fish manage- fishmg, huntmg and trapping licenses giving ment area as defined in (24), d t h 1 shall be due consideration to 1'ts moral char t' b requ1re o pure ase on y a regu 1 ar fi s h' mg ness ab1lity,. financial responsibility ac and er, proper us1-1860

11 Ch. 372 GAME AND FRESH WATER FISH Ch. 372 facilities for the proper issuance of said licenses, and shall serve at the pleasure of said county judge. Employees of the county judge, nor their relatives or next of kin by blood, or otherwise, shall be appointed as a sub-agent. (2) Sub-agents shall issue and sell fishing, hunting and trapping licenses upon the posting of an adequate bond payable to the county judge in an amount to be fixed and approved by the judge under such rules and regulations as may be prescribed by the county judge and required by the existing laws or any subsequent enacted legislation. (3) Sub-agents shall be authorized to sell and issue fishing, hunting and trapping licenses at such specific locations within the county in which the appointing county judge shall exercise jurisdiction as, in the judgment of said county judge, will best serve the public interest and convenience in obtaining fishing, hunting and trapping licenses. ( 4) It shall be unlawful for any individual, firm, partnership or corporation to act as a sub-agent for the sale and issuance of fishing, hunting and trapping licenses, or to handle in any manner, fishing, hunting and trapping licenses for a fee or compensation of any kind unless they have been appointed as a subagent by the county judge as prescribed in this section. (5) Any individual, firm, partnership or corporation who shall willfully violate any of the provisions of this law shall be guilty of a misdemeanor and a conviction therefor shall be fined not less than $100 nor more than $500 for each violation. (6) Every individual, firm, partnership or corporation acting as a sub-agent for the sale and issuance of fishing, hunting and trapping licenses under the provisions of this section may charge and receive as its compensation a service charge of twenty-five cents for the issuance of every fishing, hunting and trapping license. This service charge shall be an additional sum over and above the sum required by law to be collected for the issuance of each license. (7) Sub-agents shall be required to report on the first of each month the sale and issuance of fishing, hunting and trapping licenses during the preceding month. Said report to be accompanied with the proper remittance covering the sale of licenses on said report. (8) Nothing contained herein shall be construed to relieve any county judge of any counties of the state of the duty of issuing fishing, hunting and trapping licenses to the public without the payment of any service charge as required by law. Hlstor:r.- 1-8, ch ; (3) 1, ch only the fish management program in cooperation with the counties and individuals for more general public use of planned, supervised and stocked fish waters in the state. Histor:r.- 3, ch Archery permit for hunting; fee. The Director of the Game and Fresh Water Fish Commission of the state is authorized to issue permits to persons to hunt with bow and arrow provided that such persons have a license to hunt as provided by , provided the total hunting and archery license fees shall not exceed five dollars plus the regular hunting license fee which will be the total cost. History.-11, ch False statement in application for Iicense.-Any person who shall swear or affirm to any false statement in any application for license provided by this chapter, shall be guilty of violation of this chapter, and upon conviction thereof, shall be subject to the penalty provided by , and any false statement contained in any application for such license shall render the license null and void. Hlstory.- 16, ch , 1929; CGL 1936 Supp. 1977(16) Entering false information on licenses.-whoever knowingly and willfully entel's false information on, or allows or causes fa)se information to be entered on or shown upon any license issued under the provisions of this chapter in order to avoid prosecution or to assist another to avoid prosecution, or for any other wrongful purpose shall be punished as provided by this chapter. Hlstory.- 1, ch License not transferable.-no person shall alter or change in any manner, or loan or transfer to another, any license issued pursuant to the provisions of this chapter, nor shall any other person, other than the person to whom it is issued, use the same. Hlstory.- 17, ch , 1929; CGL 1936 Supp. 1977(17) Issuing of duplicate license. - The game and fresh water fish commission shall furnish to each county judge a form for issuing of duplicate license. Application for such duplicate license shall be made under oath, stating that the licensee has lost or destroyed his original license. Such application shall be made to the county judge from whom original license was purchased and a fee of twenty-five cents shall be collected by county judge issuing such duplicate license. This fee shall cover both the taking of application and the issuing of license. Hlstory.- 18, ch , 1929: CGL 1936 Supp. 1977(18) Reports and remittances of county judges.-the license fees and other fees pro Fish management fund created.- vided to be paid under this chapter shall be From each fishing license issued as authorized in (3) the sum of one dollar shall be deducted and deposited in a special fish management fund to be used for the specific purpose of improving, expanding and managing 1861 remitted by the several county judges by the tenth of each month to the game and fresh water fish commission, and each county judge shall retain his fee for issuing said licenses. The game and fresh water fish commission

12 Ch. 372 GAME AND FRESH WATER FISH Ch. 372 shall keep an accurate and up-to-date record of all licenses consigned to the various county judges, giving credit to each account upon receipt of the monthly report of licenses sold or voided, and at the proper time close and balance the seasonal accounts. The judge's report shall be a schedule setting forth the total number of licenses sold, the total number of licenses voided, and the net amount of the report. Forms for making these reports are to be furnished by the game and fresh water fish commission. The various county judges will retain a file of copies of licenses sold to aid in issuing duplicates. mstory.- 14, ch , 1929; COL 1936 Bupp (14); 11. ch , Guide license and regulations.-no person shall engage in the business of guiding hunters or hunting parties until he has secured a license to do so from the game and fresh water fish commission. Application for guide license shall be made to the said commission upon blanks furnished by it. The cost of guide license shall be ten dollars per open season, which license shall permit the holder to guide or act as guide for hunters or for hunting parties in the state. An applicant for guide license on making application must state his name, age, address, physical description, and qualifications to act as guide. No guide while acting as guide to hunters or hunting parties shall take any game or carry shotgun or rifle. When a guide is found guilty of violating any provisions of the laws of this state relative to game, birds, fresh water fish or furbearing animals, his license shall be revoked. Hlstory.- 65, ch. 18&44, 1929; CGL 1986 Supp. 1977(65) License for boats rented for hunting and fishing.-any person who engages in the business of renting boats for hunting in the waters of the state, or fishing in the fresh waters of the state, shall pay an annual license fee on each boat operated, as follows: (1) Boats under eighteen feet long, one dollar fifty cents; (2) Boats eighteen to twenty-one feet long, four dollars; (3) Boats twenty-one to twenty-five feet long, fifteen dollars; ( 4) Boats over twenty-five feet long, twentyfive dollars. Application for such license shall be made to the game and fresh water fish commission upon application blanks furnished by him. The state game commission shall furnish to owners of boats so licensed a metal tag showing number of year license is good for, which tag shall be attached to the boat for convenient inspection. Any subterfuge to circumvent or evade the requirements of this section shall be deemed a violation hereof and shall be punishable as a violation hereof. Histor:v.- 62, ch , 1929; CGL 1936 Supp. 1977(62); 1, ch , 1941 ; 7, ch , used for taking fresh water fish commercially shall be licensed. The owners or persons operating commercial boats or vessels shall make application 'to the game and fresh water fish commission for a license, on application blanks furnished by it. The charge for such license shall be made according to the following schedule: (2) Commercial boats under sixteen feet long and under four feet beam, one dollar and five cents; boats over sixteen feet long and over four feet beam, twenty cents for each additional foot or fraction thereof of length or beam. (3) A certificate of registration and a boat number as required.in chapter 371, shall be issued with each license sold under this section. (4) An additional license tax of twenty-five dollars shall be required of all aliens or nonresidents of the state on all boats, vessels, schooners or launches used for commercial purposes and owned in whole or in part by such alien or nonresident in addition to the boat license tax required by this section. Hlstory.- 82, 83, ch , 1929; CGL 1936 Supp. 1977(32), 1977(33); 2, ch Fresh water fish dealer's license. No person shall engage in the business of wholesale or retail fresh-water fish dealer until such person has taken out a license to carry on such business, as provided for in this chapter. A wholesale dealer shall be considered one who sells or ships fish by the barrel or half barrel, or in bulk, and shall be required to pay a license fee of fifty dollars per annum. A retail dealer shall be considered anyone who sells fish or supplies in any manner direct to the consumer or wholesale dealer, and shall pay a license fee of five dollars per annum: a nonresident wholesale dealer shall be required to pay a license fee of five hundred dollars per annum, a non-resident or alien retail dealer shall be required to pay a license fee of fifty dollars per annum. Application shall be made to the game and fresh water fish commission for the licenses set forth in this section and , on blank forms to be supplied by it, and such license shall be dated and issued only for the open season and all moneys derived from this source shall be deposited in the state treasury to the credit of the state game trust fund. This does not apply to dealers operating exclusively in salt water territory. History.- 31, ch , 1929; COL 1936 Supp. 1977(31) ; 2, ch License required for fur and hide dealers.- (1) It is unlawful for any person to engage in the business of a dealer or buyer in alligator skins or green or dried furs in the state or purchase such skins within the state until such person has been licensed as herein provided. (2) Any resident dealer or buyer who so Commercial fishing boat licenses.- licits business through the mails, or by adver (1) All vessels as defined in chapter 371, tising, or who travels to buy or employs or has 1862

13 Ch. 372 GAME AND FRESH WATER FISH Ch. 372 other agents or buyers, shall be deemed a resident state dealer and shall be required to pay a license fee of one hundred dollars per annum and shall pay an agent's license fee of five dollars per annum for each agent or traveling buyer employed by or buying for such licensed state dealer. (3) Any resident dealer or buyer who does not solicit by mail, advertise, travel to buy or employ or have agents or traveling buyers shall be deemed a resident local dealer and shall be required to pay a license fee of ten dollars per annum. (4) A nonresident dealer or buyer shall be required to pay a license fee of five hundred dollars per annum and shall pay a license fee of one hundred dollars per annum for each agent, resident buyer or traveling buyer employed by or buying for or acting as agent for such nonresident buyer. (5) All agents' licenses shall be applied for by, and issued to, a resident state dealer or nonresident dealer and shall show name and residence of such agent and shall be in possession of such agent at all times when engaged in buying furs or hides. Application for such licenses shall be made to the game and fresh water fish commission on blanks furnished by it. (6) All dealers and buyers shall forward to the game and fresh water fish commission each two weeks during open season a report showing number and kind of hides bought and name of trapper from whom bought and his license number, or if trapper is exempt from license under any of the provisions of this chapter, such report shall show the nature of such exemption. No common carrier shall knowingly ship or transport or receive for transportation any hides or furs unless such shipments have marked thereon name of shipper and the number of his fur-animal license or fur dealer's license. Hlstory.- 61, ch , 1929; CGL 1986 Supp, 1977(61) Private hunting preserve, license; exception.-any person who operates a private hunting preserve commercially or otherwise shall be required to pay a license fee of twentyfive dollars for each such preserve; provided, however, that during the open season established for wild game of any species a private individual may take artificially propagated game of such species up to the bag limit prescribed for the particular species without being required to pay the license fee required by this section; provided further that if any such individual shall charge a fee for taking such game he shall be required to pay the license fee required by this section and to comply with the rules and regulations of the game and fresh water fish commission relative to the operation of private hunting preserves. gator skins is prohibited by any law of this state, or by the rules, regulations or ord~rs. of the game and fresh water fish commis sion adopted pursuant to 30, Art. IV, of the state constitution, the sale, possession?r transporting of alligators or alligator skins shall be punishable by a fine not exceeding $1, or imprisonment in the county jail not exceeding 1 year. History.- 1, ch Hunters and trappers required to make report.-to each application for license to take game or fur-bearing animals, shall be attached a stub listing the various species of game and fur-bearing animals and the applicant shall state thereon the number of such game and fur-bearing animals as were taken by him within the state in the season next preceding that for which license is applied for. Persons failing to make such statement shall be denied license applied for until they have complied with this provision. Hlstory.- 64, ch , 1929; CGL 1986 Supp. 19'17(64) Fresh water fish dealers to report. -All dealers in fresh-water fish shall, at the end of each month, report to the game and fresh water fish commission the amount. of the different kinds of fresh-water fish that they have sold during the past month. Failure to make such report shall cause such dealer to be denied license for ensuing year. Hlstory.- 68, ch , 1929; CGL 1986 Supp. 1977(63) Game and fresh water fish commission to furnish forms.-the blank forms and other printed matter necessary to carry out the provisions of this chapter shall be furnished by the game and fresh water fish commission, which is required to make up forms of licenses or other blanks necessary, the same to be uniform throughout the state, and to furnish the same to the county judges of the several counties and authorized agents. The said license shall contain on the back thereof a synopsis of the game trapping or fresh water fishing laws of the state. All licenses shall be consecutively numbered. Hlstory.- 22, ch , 1929; CGL 1986 Supp. 1977(22) Prosecutions.-The prosecuting officers of the several courts of criminal jurisdiction of this state shall investigate and prosecute all violations of the laws relating to game, fresh-water fish, non-game birds and fur-bearing animals which may be brought to their attention by the game and fresh water fish commission or its conservation officers, or which may otherwise come to their knowledge. Hlstory.- 11, ch , 1929; CGL 1986 Supp, 1977(11) Arrest by officers -of the game and fresh water fish commission; recognizance; cash bond; citation.- mstor:r.- 3, ch. G9 '13, (1) In all cases of arrest by officers of the game and fresh water fish commission and of Unlawful sale, possession or trans- the board of conservation the person arrested porting of alligator skins.-whenever the sale, possession or transporting of alligators or alii shall be delivered forthwith by said officer to the -sheriff of the county, or shall obtain from

14 Ch. 372 GAME AND FRESH WATER FISH Ch. 372 such person arrested a recognizance or, if deemed necessary, a cash bond or other sufficient security conditioned for his appearance before the proper tribunal of such county to answer the charge for which he ha,s been arrested. (2) All officers of the commission and board of conservation are hereby directed to deliver all bonds accepted and approved by them to the sheriff of the county in which the offense is alleged to have been committed. (3) Any person so arrested and released on his own recognizance by an officer and who shall fail to appear or respond to the proper citation to appear,,shall, in addition to the charge relating to wildlife or fresh water fish, be charged with that offense of failing to respond to such citation and, upon conviction, be punished as for a misdemeanor. A written warning to this effect shall be given at the time of arrest of such person. History.-!, ch Fines and penalties; forfeiture of license.-any person violating the provisions of this chapter, shall, upon conviction, unless otherwise provided, be fined for the first offense not less than ten dollars nor more than three hundred dollars, or imprisoned not to exceed ninety days, and for a second or subsequent offense shall be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned not more than six months. Any person convicted as aforesaid shall forfeit any license or permit that may have been issued to him under the provisions of this chapter and shall forthwith surrender the same to the court. If such violation occurs in the open season no license or permit shall be issued under the provisions of this chapter to such person at any time during the remainder of such open season, or if such violation occurs during the closed season no license shall be issued to such person for the open season next following. History.- 70, ch , 1929; CGL 1936 Supp. 1977(70); 8092 (1). c! Alternative punishment Disposition of fines, penalties and forfeitures.-all moneys collected from fines, penalties or forfeitures under this chapter shall go into the fine and forfeiture fund of the county where such convictions are had. The game and fresh water fish commission and its conservation officers shall be allowed for makin.~r arrests the same fees as sheriffs, and the same mileage for conveying prisoners, the same to be taxed as costs in the cause, in case of conviction, and paid in the like manner as the compensation of sheriffs, but no fees or mileage shall be allowed in case of acquittal. All mileage and other fees received by the game and fresh water fish commission, or any of its conservation officers under this section, shall be deposited in the state treasury to the credit of the state game trust fund. History.- 12, ell , 1929; COL 1936 Supp. 1977(12) ; 2, ch ct.-ch. 939 Costs Confiscation and disposition of illegally taken game, etc.-au game and fresh water fish seized under the authority of this chapter shall, upon conviction of the offender or sooner if the court so orders, be forfeited and given to some hospital or charitable institution and receipt therefor sent to the commission of game and fresh water fish. All furs or hides or fur-bearing animals seized under the authority of this chapter shall, upon conviction of the offender, be forfeited and sent to the said commission, which shall sell the same and deposit the proceeds of such sale to the credit. of the state game trust fund. If any such hides or furs are seized and the offender is unknown, the court shall order such hides or furs sent to the game and fresh water fish commission, which shhll sell such hides and furs and deposit the proceeds of such sale to the credit of the state game trust fund. History_- 66, ch , 1929; CGL 1936 Supp (66); 2, ch Co-operative agreements with U. S. forest service; penalty.-the game and fresh water fish commission is authorized and empowered: (1) To enter into co-operative agreements with the United States forest service for the development of game, bird, fish, reptile or furbearing animal management and demonstration projects on and in the Osceola national forest in Columbia and. Baker counties, and in the Ocala national forest in Marion, Lake and Putnam counties and in the Apalachicola national forest in Liberty county. Provided, however, that no such co-operative agreement shall become effective in any county concerned until confirmed by the board of county commissioners of such county expressed through appropriate resolution. (2) In cooperation with the United States forest service, to make, adopt, promulgate, amend and repeal rules and regulations, consistent with law, for the further or better control of hunting, fishing, and control of wild life in the above national forests or parts thereof; to shorten seasons and reduce bag limits, or shorten or close seasons on any species of game, bird, fish, reptile, or fur-bearing animal within the limits prescribed by the Florida law, in the above enumerated national forests or parts thereof, when it shall find after investigation that such action is necessary to assure the maintenance of an adequate supply of wild life. (3) To fix a charge not to exceed five dollars, for persons eighteen years of age and over, and not to exceed two dollars for persons under the age of eighteen years, over and above the license fee for hunting now required by law. This additional fee is to apply only on areas covered by above co-operative agreements. The proceeds from this additional license fee shall be used in the development, propagation of wild life and protection of the areas covered by the co-operative agreements as the commission and the United States forest service may deem proper. Nothing in this section shall be con-

15 Ch. 372 GAME AND FRESH WATER FISH Ch. 372 strued as authorizing the commission to change any penalty prescribed by law or to change the amount of general license fees or the general authority conferred by licenses prescribed by law. (4) Notice of the making, adoption and promulgation of the above rules and regulations shall be given by posting said notices, or copies of the rules and regulations, in the offices of the county judges and in the post offices within the area to be affected and within ten miles thereof. In addition to the posting of said notices, as aforesaid, copies of said notices or of said rules and regulations shall also be published in newspapers published at the county seats of Baker, Columbia, Marion, Lake, Putnam and Liberty counties, 6r so many thereof as have newspapers, once not more than thirtyfive nor less than twenty-eight days and once not more than twenty-one nor less than fourteen days prior to the opening of the state hunting season in said areas. Any person violating any rules or regulations promulgated by the commission to cover these areas under co-operative agreements between the state commission of game and fresh water fish and the United States forest service, none of which shall be in conflict with the laws of Florida, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars, nor more than three hundred dollars, or imprisonment not to exceed ninety days. History,- 1-4, 7, 8, ch , 1937; CGL 1940 Supp. 1977(117), 8135(9-a) ; 1, ch , cf Alternative punishment Use of explosives and other substances prohibited.-n o person may throw or place, or cause to be thrown or placed, any dynamite, lyddite, gunpowder, cannon cracker, acids, filtration discharge, debris from mines, Indian berries, sawdust, green walnuts, walnut leaves, creosote, oil, or other explosives or deleterious substance or force into the fresh waters of this state whereby fish therein are or may be injured. Nothing in this section may be construed as preventing the release of water slightly discolored by mining operations or water escaping from such operations as the result of providential causes. Hlstory.- 29, ch , 1929; CGL 1936 Supp, 1977(29) Search and seizure authorized and limited.-the game and fresh water fish commission and its conservation officers shall have authority when they have reasonable and probable cause to believe t!:.at the provisions of this chapter have been violated, to board any vessel, boat or vehicle or to enter any fishhouse or warehouse or other building, exclusive of residence, in which game, hides, fur-bearing animals, fish or fish nets are kept and to search for and seize any such game, hides, fur-bearing animals, fish or fish nets had or held therein in violation of law. Provided, however, that no search without warrant shall be made under any of the provisions of this chapter, unless the officer making such search has such information from a reliable 1865 source as would lead a prudent and cautious man to believe that some provision of this chapter is being violated. History.- 30, ch , 1929; CGL 1936 Supp. 1977(30), Assent to provisions of act of congress of September 2, (1) The state hereby assents to the provisions of the act of congress entitled "An Act to provide that the United States shall aid the States in Wildlife Restoration Projects, and for other purposes," approved September 2, 1937 (Public No. 415, 75th Congress), and the game and fresh water fish commission is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife restoration projects, as defined in said act of congress, in compliance with said act and rules and regulations promulgated by the secretary of agriculture thereunder. (2) From and after the passage of this section it shall be unlawful to divert any funds accruing to the state from license fees paid by hunters for any purpose other than the administration of the game and fresh water fish commission of the state. History.- 1, 2, ch , 194L Federal conservation of fish and wildlife; limited jurisdiction.- (!) Consent of the state of Florida is hereby given, to the United States for acquisition of lands, waters, or lands and waters or interests therein, for the purpose of managing, protecting and propagating fish and wildlife and for other conservation uses in the state, providing prior notice has been given by the federal government to the trustees of the internal improvement trust fund, the board of county commissioners of the county where the lands proposed for purchase are located, of such proposed action stating the specific use to be made of and the specific location and description of such lands desired by the federal government for any such conservation use, and that such plans for acquisition and use of said lands be approved by the trustees of the internal improvement trust fund, the board of county commissioners of the county where the lands proposed for purchase are located; provided further that nothing herein contained shall be construed to give the consent of the state of Florida to the acquisition by the United States of lands, waters, or lands and waters, or interests therein, through exercise of the power of eminent domain; provided further that the provisions of this act shall not apply to lands owned by the several counties or by public corporations. (2) The United States may exercise concurrent jurisdiction over lands so acquired and carry out the intent and purpose of the authority except that the existing laws of Florida relating to the board of conservation or the game and fresh water fish commission shall prevail relating to any area under their supervision. Wstor:y.-1 1, 2, ch ; (1) 2, ch

16 Ch. 372 GAME AND FRESH WATER FISH Ch Penalties for violation of rules, regulations and orders relating to game and fresh water fish.- Any person violating any rule, regulation or order of the game and fresh water fish commission adopted pursuant to 30, Art. IV, of the constitution of this state and this chapter shall be guilty of a misdemeanor. Hlstory.- 6, ch , 1943; 1, ch , 1947; 11, ch , 1949; 9, ch , Forfeiture of licenses, permits, etc. Any person convicted as aforesaid shall forfeit to the state any license or permit that may have been issued to him under the provisions of this law, or other law of this state relating to game shall forthwith surrender the same to the court. If such violation occurs in the open season, relating to game, no license or permit shall be issued under the provisions of this law to such person at any time during the remainder of such open season, or if such violation occurs during the closed season no license shall be issued to such person for the open season on game next following. Hlstory.- 7, ch , Contaminating fresh waters.- (1) It shall be unlawful for any person or persons, firm or corporation to cause any dyestuff, coal tar, oil, sawdust, poison or deleterious substances to be thrown, run or drained into any of the fresh running waters of this state in quantities sufficient to injure, stupefy, or kill fish which may inhabit the same at or below the point where any such substances are discharged, or caused to flow or be thrown into such waters; provided, that it shall not be a violation of this section for any person, firm or corporation engaged in any mining industry to cause any water handled or used in any branch of such industry to be discharged on the surface of land where such industry or branch thereof is being carried on under such precautionary measures as shall be approved by the game and fresh water fish commission. (2) Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined for the first offense not less than one hundred dollars or more than three hundred dollars, or imprisonment not to exceed ninety days, or be both fined and imprisoned in the discretion of the court, and for the second or subsequent offense shall be fined not less than two hundred dollars or more than five hundred dollars, or imprisoned not more than six months. Hlstory.- 1, 2, ch , cf, Waste from mines escaping Into waters of the state Possessing, exhibiting poisonous or venomous reptile; license required.-no person, firm or corporation shall keep, possess or exhibit any poisonous or venomous reptile without first having obtained a special permit or license therefor from the Florida game and fresh water fish commission as herein provided. IDstory.- 1, ch , License fee; renewal, revocation. The Florida game and fresh water fish commission is hereby authorized and empowered to issue a license or permit for the keeping, possessing or exhibiting of poisonous or venomous reptiles, upon payment of an annual fee of five dollars and upon assurance that all of the provisions of and such other reasonable rules and regulations as said commission may prescribe will be fully complied with in all respects. Such permit may be revoked by the Florida game and fresh water fish commission upon violation of any of the provisions of 372: or upon violation of any of the rules and regulations prescribed by said commission relating to the keeping, possessing and exhibiting of any poisonous and venomous reptiles. Such permits or licenses shall be for an annual period to be prescribed by the said commission and shall be renewable from year to year upon the payment of.said five dollars fee and shall be subject to the same conditions, limitations and restrictions as herein set forth. IDstory.- 2, ch , Bond required, amount.-no person, party, firm or corporation shall exhibit to the public either with or without charge, or admission fee any poisonous or venomous reptile without having first posted a good and sufficient bond in writing in the penal sum of one thousand dollars payable to the governor of the state, and his successors in office, conditioned that such exhibitor will indemnify and save harmless all persons from injury or damage from such poisonous or venomous reptiles so exhibited and shall fully comply with all laws of the state and all rules and regulations of the Florida game and fresh water fish commission governing the keeping, possessing or exhij.;>iting of poisonous or venomous reptiles; provided, however, that the aggregate liability of the surety for all such injuries or damages shall, in no event, exceed the penal sum of said bond. The surety for said bond must be a surety company authorized to do business under the laws of the state or in lieu of such a surety cash in the sum of one thousand dollars may be posted with the said commission to insure compliance with the conditions of said bond. Hlstory.- 3, ch , Safe housing required. - All persons, firms, or corporations licensed under this law to keep, possess or exhibit poisonous or venomous reptiles shall provide safe, secure and proper housing for said reptiles in cases cages, pits or enclosures. It shall be unlawfui for any person, firm or corporation whether licensed hereunder or not, to keep, possess or exhibit any poisonous or venomous reptiles in any manner not approved as safe, secure and proper by the Florida game and fresh water fish commission. Hlstory.- 4, ch , 1953; 1, ch Transportation.- Poi!"0ll(l'.lS or venomous reptiles may be transported only in

17 Ch. 372 GAME AND FRESH WATER FISH Ch. 372 the following fashion: The reptile, or reptiles shall be placed in a stout closely woven cloth sack, tied or otherwise secured. This sack shall then be placed in a box. The box shall be of strong material in solid sheets, except for small air holes, which holes shall be screened. Boxes containing poisonous or venomous snakes or other reptiles shall be prominently labeled "Danger-Poisonous Snakes" or "Danger Poisonous Reptiles." Wstory.- 5, ch , 1953; 1, ch Inspection.- Poisonous or venomous reptiles, held in captivity, shall be subject to inspection by an inspecting officer from the Florida game and fresh water fish commission. The inspecting officer shall determine whether the said reptiles are securely, properly and safely penned. In the event that the reptiles are not safely penned, the inspecting officer shall report the situation in writing to the person or firm owning the said reptiles. Failure of the owner or exhibitor to correct the situation within thirty days after such written notice shall be grounds for revocation of the license or permit of said owner or exhibitor. Wstory.- 2, ch Opening cages, etc., housing poisonous or venomous reptiles.-n o person except the licensee or his authorized employee shall open any cage, pit or other container which contains poisonous or venomous reptiles. Hlstory.- 7, ch , Penalty.-Any person violating any provision of this chapter shall be guilty of a misdemeanor and subject to the punishment as provided by law. The game and fresh water fish commission is authorized to offer rewards of up to five hundred dollars to any person furnishing information leading to the arrest and conviction of any person who has inflicted or attempted to inflict bodily injury upon any wildlife officer engaged in the enforcement of the provisions of this chapter or the rules and regulations of the game and fresh water fish commission. Blstory.- 2, ch ; 1, ch Rules and regulations.-the Florida game and fresh water fish commission may prescribe such other rules and regulations as it may deem necessary to prevent the escape of poisonous and venomous reptiles, either in connection of construction of such cages or otherwise to carry out the intent of Hlstory.- 6, ch , Exhibition of wildlife.- (1) In order to provide humane treatment and sanitary surroundings for wild animals kept in captivity no person, firm, corporation or association shall have or be in possession of, in captivity for the purpose of public display with or without charge or for public sale any wildlife, specifically birds, mammals and reptiles, whether indigenous to Florida or not, without having first secured a permit from the Game and Fresh Water Fish Commission authorizing such person, firm or corporation to have in its or their possession in captivity the species and number of wildlife specified within such permit; provided that this section shall not apply to any wildlife not protected by law and the regulations of the Game and Fresh Water Fish Commission. (2) There is created a Wildlife Exhibitors Criteria Committee which shall consist of the Director of the Game and Fresh Water Fish Commission, the State Health Officer, the President of the Florida Attraction Association or representatives designated by them, and a recognized zookeeper employed in the State of Florida. This committee shall develop and approve standards for the care and treatment of captive wildlife and shall review all cases of violation of the provisions of this section which might lead to the confiscation of said wildlife. (3) The fees to be paid for the issuance of permits required by subsection (1) of this section shall be as follows: (a) For not more than ten individual specimens in the aggregate of all species, the sum of five dollars per annum. (b) For over ten individual specimens in the aggregate of all species, the sum of twentyfive dollars per annum. Provided, however, that permits for not more than three individual specimens in the aggregate of all species of wildlife kept for noncommercial personal reasons may be issued without charge. (c) Fees prescribed by this section shall be submitted to the Game and Fresh Water Fish Commission with application for permit required by subsection (1) and deposited in the state game fund. ( 4) Applicants for permits shall be required to include in their application a statement showing the place, number and species of wildlife to be held in captivity by them, and shall be required upon request of the Game and Fresh Water Fish Commission to show when, where and in what manner they came into possession of any wildlife, acquired subsequent to the effedive date of this act. The source of acquisition of such wildlife shall not be divulged by the commission except in connection with a violation of this section or a regulation of the commission in which information as to source of wildlife is required as evidence in the prosecution of such violation. (5) Permits issued pursuant to this section and places where wildlife is kept or held in captivity shall be subject to inspection by officers of the Game and Fresh Water Fish Commission at all times. The commission shall have the power to release or confiscate any spedmens of any wildlife, specifically birds, mammals or reptiles whether indigenous to the state or not when it is found that conditions under which' they are being confined are unsanitary, or unsafe to the public in any manner, or that the species of wildlife are being maltreated, mistreated or neglected or kept in any manner contrary to the provisions of chapter 828, 1867

18 Ch. 372 GAME AND FRESH WATER FISH Ch. 372 said permit to the contrary notwithstanding. Before any said wildlife is confiscated or released under the authority of this section, the owner thereof shall have been advised in writing of the existence of such unsatisfactory conditions; shall have been given thirty days in which to correct said conditions; shall have failed to correet said conditions; shall have had an opportunity for a public hearing before said commission; and the commission after approval by said Wildlife Exhibitors Criteria Committee shall have ordered such confiscation or release after careful consideration of all evidence in the particular case in question. (6) Any animal on exhibit of a type capable of contracting or transmitting rabies shall be immunized against rabies. (7) The provisions of this section relative to licensing shall not apply to any municipal, county, state or other publicly owned wildlife exhibit. The provisions of this section shall not apply to any traveling zoo, circus or exhibit licensed as provided by chapter 205. (8) A violation of this section shall be punishable as provided by Blstory.- 1, ch Hyacinth control.-the commission shall have the authority to cooperate with the United States and to enter into and make such cooperation agreements or commitments as the commission may determine necessary to carry out the eradication of the water hyacinth, alligator weed and other noxious aquatic plant growths from the waters of the state, and to enter into contracts with the United States obligating the state to indemnify and save harmless the said United States from any and all claims and liability arising out of the initiation and prosecution of any project undertaken under this section; provided however any claim or claims required to be paid under this section shall be paid from money appropriated to the hyacinth control program. Blstory.- 1, ch Jim Woodruff dam; reciprocity agreements.-the game and fresh water fish commission of the state is hereby authorized to enter into an agreement of the reciprocity with the game and fish commissioners or the appropriate officials or departments of the state of Georgia and the state of Alabama relative to the taking of game and fresh water fish from the waters of the lake created by the Jim Woodruff dam by permitting reciprocal license privileges. Blstory.- 1, ch St. Mary's river; reciprocity agreements.-the game and fresh water fish commission of the state is hereby authorized to enter into an agreement of reciprocity with the game and fish commissioner or the appropriate officials or departments of the state of Georgia relative to the taking of game and fresh water fish from the waters of the St. Mary's river by permitting reciprocal agreement license privileges. Wstory.- 1, ch Possession of nutria, license, inspection, penalty for violation.- (!) No person shall release, permit to be released, or be responsible for the release of, within the state, any animal of the species myocastor coypu and known commonly in Florida and referred to herein as nutria. (2) No person shall have in his possession for sale or otherwise any nutria until such person has obtained a license as provided herein. The fee for such license shall be twentyfive dollars per year. Application for such license shall be made with the game and fresh water fish commission on forms providing therefor. (3) All persons licensed under this law to keep, possess or exhibit nutria shall provide safe, secure and proper housing for said nutria which will adequately safeguard against the escape of any nutria. Requirements for the construction of such pens or housing shall be as prescribed by the game and fresh water fish commission. ( 4) All premises upon which nutria are kept shall be subject to inspection by authorized representatives of the game and fresh water fish commission. Such officers shall determine whether the said nutria are securely, properly and safely housed. In the event the said nutria are not securely, properly and safely housed, the inspecting officer shall so advise in writing the person owning said nutria. Failure of the owner to provide within thirty days after such written notice secure, proper, and safe housing as prescribed by the game and fresh water fish commission shall be grounds for revocation of the license herein provided and confiscation and disposal of the said nutria as a public nuisance. (5) Any person violating any provision of this section or any rule and regulation of the game and fresh water fish commission pursuant hereto shall be guilty of a misdemeanor and subject to punishment as provided by law. Wstory.- 1-5, ch Illegal taking and possession of deer and wild turkey; evidence; penalty.- ( I) Whoever takes or kills any deer or wild turkey or possesses a freshly killed deer or wild turkey during the closed season prescribed by law or by the rules and regulations of the game and fresh water fish commission, or whoever takes or attempts to take any deer or wild turkey by the use of gun and light in or out of closed season, is guilty of a misdemeanor and upon conviction shall be fined not less than $ nor more than $500.00, or imprisoned for not less than 5 days nor more than 1 year. (2) The displaying or use of a light in a place where deer might be found, and in a manner capable of disclosing the presence of deer, together with the possession of firearms or other weapons customarily u sed for the taking of 1868

19 Ch. 372 GAME AND FRESH WATER FISH Ch. 372 deer, between one hour after sunset and one hour before sunrise, shall be prima facie evidence of an intent to violate the provisions of subsection (1). Blstor;r.- 1, ch Seizure of illegal devices; disposition; appraisal; forfeiture.- (1) Any vehicle, vessel, animal, gun, light, or other hunting device used in the commission of an offense prohibited by , shall be seized by the arresting officer, who shall promptly make return of the seizure and deliver the property to the director of the game and fresh water fish commission. The return shall describe the property seized and recite in detail the facts and circumstances under which it was seized, together with the reason that the property was subject to seizure. The return shall also contain the names of all persons known to the officer to be interested in the property. (2) The director of the commis,sion, upon receipt of the property, shall promptly fix its value and make return thereof to the clerk of the circuit court of the county wherein the article was seized; after which on proper showing of ownership of the property by someone other than the person arrested the property shall be returned to the said owner. (3) Upon conviction of the violator, the property, if owned by the person convicted, shall be forfeited to the state under the procedure set forth in through , where not inconsistent with this section. All amounts received from the sale or other disposition of the property shall be paid in~o the state game trust fund. If the property IS not sold or converted, it shall be delivered to the director of the game and fresh water fish commission. Bistor;r.-U, ch Inapplicability of and The provisions of and relating to seizure and forfeiture of vehicles, vessels and animals shall not apply when such vehicles, vessels or animals are owned by, or titled in the name of, innocent parties and provided further that such provisions shall not vitiate any valid lien, retain title contract or chattel mortgage on such vehicles, vessels or animals if such lien, retain title contract or chattel mortgage is property of public record at the time of the seizure. Bistor;r.- 2, ch

20 Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC. Ch. 373 CHAPTER 373 STATE BOARD OF CONSERVATION; GEOLOGICAL DEPARTMENT; WATER RESOURCES DIVISION; WEATHER MODIFICATION Geological department Topographic mapping Definitions, ; artesian wells Artesian wells; flow regulated Artesian wells; penalties for violation Procedure where artesian wells are not capped Certain artesian wells exempt Water resources law Declaration of policy Definitions Exemptions Purpose; preservation of existing rights and specific limitations General powers and duties of division Authorization for capture, storage, and use of water Water regulatory districts Presentation of petitions Water regulatory district; governing board Hearing; notice; record Rules and regulations State water resources appeal board; review of orders of local boards in adversary proceedings Judicial review Board; supervisory power over regulatory districts Conduct of hearings, witnesses Geological department.- (!) PERSONNEL.-The board shall through the director of the division of geology employ such suitable persons, as in the judgment of the board may be necessary to conduct the geological survey of the state. (2) DISBURSEMENTS; SURVEY EX PENSES.-For the purpose of expeditiously and thoroughly carrying out the geological survey, there shall be included a sufficient appropriation in the biennial general appropriations act. The comptroller shall, upon the requisition of the geological department, when approved by the governor, draw his warrant on the treasurer for the amount so appropriated in such sums as may be needed from time to time for the purpose of said survey as herein set forth; and for all such expenditures, the consent and approval of the governor shall be obtained, and the vouchers for all such expenditures made from this fund shall be filed with the comptroller; a statement of his receipts and expenditures shall be printed in such annual report of the geological department. The amount annually appropriated, or so much thereof as may be necessary, shall be expended for the salaries and for the contingent expenses of the survey, including compensation of all Water regulatory districts; costs of organizing and administering County water conservation projects Annual conference on water resources development programs Southeast river basins resources advisory board Salt water barrier line Penalty Power to enforce Enforcement; city and county officers to assist Maintenance of actions Flood control or drainage districts Penalties Definitions; weather modification law Purpose of weather modification law Artificial weather modification operation; license required Application for licensing; fee Proof of financial responsibility Issuance of license; suspension or revocation; renewal Filin:; and publication of notice of intention to operate; limitation on area and time Contents of notice of intention Publication of notice of intention Proof of publication Record and reports of operations Emergency licenses Suspension or revocation of license; appeal Penalty. temporary and permanent assistance; traveling expenses of the geological department, purchase of materials or other necessary expenses for outfit; expenses incurred in providing for the transportation, arrangement and proper exhibition of the geological and other collections made under the provisions of this law, for postage, stationery and printing and the printing and engraving of maps, and sections to illustrate the annual reports. (3) DUTIES.-The geological department of the board shall make annually to the governor a report of the progress of its surveys and explorations of minerals, water supply and other natural resources of the state, and shall include in such report full description of such surveys and explorations, occurrences and location of mineral and other deposits of value, surface and subterranean water supply and power and mineral waters, and the best and most economical method of development, together with analysis of soils, minerals and mineral waters, with maps, charts and drawings of the same. (4) COLLECTION OF G E 0 L 0 G I CAL SPECIMENS.-The geological department shall make collections of speci'!lens illustrating the geological and mineral features of the state;

21 Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC. Ch. 373 one suit of which shall be deposited in the office of the said geological department, at Tallahassee and duplicate suits in the libraries of each of the state colleges; each suit shall be correctly labeled for convenient use and study. (5) NOTIFYING OWNER OF DEPOSITS LOCATED.-The person in charge of the state geological department and his assistants, when they discover any mineral deposits, or other substance of value shall notify the owner of the land upon which such deposits occur. Failure to notify the owner of such deposit before disclosing the same to any other person shall subject the person, so failing, to a fine not exceeding one thousand dollars and imprisonment not exceeding six months. (6) CHEMICAL ANALYSIS BY STATE CHEMIST.-All chemical, analytical or assay work shall be performed by the state chemist and his assistants at the direction of the governor upon request of the geological department of the board. Blstory.- 2, ch , 1953 ; (1) 4. ch Note.-Simllar provisions In former and cf , Alternative punishment Topographic mapping.- (1) In order to accelerate topographic mapping in this state by the United States geological survey, the state road department is hereby authorized and directed to set aside, to pledge, and to make available annually out of its state roads trust fund the sum of thirty thousand dollars; and the trustees of the internal improvement trust fund are hereby authorized and directed to set aside, to pledge and to make available annually out of the internal improvement trust fund the sum of ten thousand dollars; and the central and southern Florida flood control district, out of its funds to be derived out of the proceeds of special assessments of its flood control taxes, is authorized and directed to set aside, to pledge and to make available annually such sum as may be required to meet the needs for topographic mapping of areas affecting said district. Such sums shall be delivered to the treasurer of the United States or to other proper officer, to be applied by the department of the interior, U. S. geological survey, as to said state road department and to said trustees, toward the payment of not exceeding one-half the cost of standard topographic mapping in this state conducted by the United States geological survey and as to said flood control district to be applied toward the payment of such proportion or part of such cost as said district may determine. Provided, however, that said sums authorized in this section for the state road department and for the trustees of the internal improvement trust fund shall not prevent either of said agencies from provi<;}ing additional. amounts for topographic mappmg of areas which either agency may consider of priority status in the interest of said agencies. (2) To further accelerate the rate at which topographic mapping may be carried on in Florida, any state agency having fund~ available for the purpose, any county or drainage or 1871 reclamation or flood control district organized under the laws of this state, any person, firm or corporation, is authorized to contribute to the cost of such mapping by depositing with the state road department such amounts as may be determined to be applied in like manner toward topographic mapping in this state as set forth in subsection (1). (3) The state road department of Florida, the trustees of the internal improvement trust fund of this state, and central and southern Florida flood control district are hereby authorized to make such arrangements or enter into such agreements with the United States as may be necessary to carry out the purposes of this section. ( 4) The trustees of the internal improvement trust fund, as and when copies of topographic maps are made available to them, shall file such maps in the same manner as other maps and plats of land surveys by the United States, and the maps shall be available for examination by any interested person. ~17:~ry.-l l-4, ch ; (1), (3) 12, ch ; (4) 11, ch Definitions, ; artesian wells.- (1) An artesian well is defined as an artificial hole in the ground from which water supplies may be obtained and which penetrates any water bearing rock, the water in which is raised to the surface by natural flow, or which rises to an elevation above the top of the water bearing bed. Artesian wells are defined further to include all holes, drilled as a source of water, that penetrate any water bearing beds that are a part of the artesian water system of Florida, as determined by representatives of the Florida geological survey or water resources division. (2) Waste is defined to be the causing, suffering or permitting any water flowing from or being pumped from an artesian well to ru~ into any river, creek, or other natural watercourse or channel, or into any bay or pond (unless used thereafter for the beneficial purposes of irrigation of land, mining or other industrial purposes of domestic use), or into any street, road or highway, or upon the land of any person, or upon the public lands of the United States, or of the state, unless it be used thereon for the beneficial purposes of the irrigation thereof, industrial purposes, domestic use, or the propagation of fish. The use of any water flowing from an artesian well for the irrigation of land shall be restricted to a minimum by the use of proper structural devices in the irrigation system. Blstory.- 3, 4, ch , 1953; (1) 1, ch Note.-Formerly Artesian wells; flow regulated. Every person, stock company, association or corporation, county or municipality owning or controlling the real estate upon which is located a flo-.ving artesian well in this state shall, within ninety days after June 15, 1953, provide each -such well with a valve capable of con-

22 Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC. Ch. 373 trolling the discharge from the well, and shall keep the valve so adjusted that only a supply of water shall be available as is necessary for ordinary use by the owner, tenant, occupant or person in control of the land for personal use and on conducting his busines s. However, if the water in a well is so highly mineralized or otherwise of such poor quality that it is no longer a usable water supply, as determined by the division of water resources and conservation, then it shall be plugged in accordance with the division's specifications for well plugging. History.- 1, ch , 1953; 11, ch Note.-Formerly Artesian wells; penalties for violation.-the owner, tenant, occupant or person in control of an artesian well who shall allow the same to flow continuously without a valve, or mechanical device for checking or controlling the flow, or shall permit the water to flow unnecessarily, or shall pump a well unnecessarily, or shall permit the water from such well to go to waste, shall be guilty of a misdemeanor and subject to the penalties provided by law. History.- 2, ch , Note.-Former!y cf , Punish ment for misdemeanors Procedure where artesian wells are not capped.- (1) Should it not be possible, after a reasonable effort has been made by an agent of the board of conservation to secure permission from a landowner to go on, over, and upon said landowner's property for the purpose of investigation pertaining to the water resources of the state, then such agent is hereby granted permission and authority to go on such land when necessary so to do to make water surveys and "investigations, and that such entry under the right hereby granted shall not constitute trespass, and that such agent shall not by so entering under the right hereby granted be liable to arrest or a civil action by reason of such entry. (2) Should any well be not provided with a valve or plug as required in , or should any well be allowed to flow in violation of , then the division of water resources and conservation through its authorized agents shall, upon being informed of the fact, give notice to the owner to correct the defect, and if the same be not corrected within ten days thereafter, shall be authority to install the necessary valve, plug or cap upon the well and control the flow therefrom in accord with the provisions of and (3) The cost of installation of the valve or plug and the control of the flow from the wells if made by the officials shall be at the expense of the owner. History.- 5, ch , 1953; (1), (2) 2, ch ; 2, ch Note.-Formerly Certain artesian wells exempt. Nothing in shall be construed to apply to an artesian well feeding a lake already in existence prior to June 15, 1953, 1872 which lake is used or intended to be used for public bathing and/or the propagation of fish, where the continuous flow of water is necessary to maintain its purity for bathing and the water level of said lake for fish. Hlstory.- 6, ch , Note.-Formerly Water resources law.-s e c t ions through shall be known and cited as the "water resources law." mstory.- 1, ch Declaration of policy.-ln view of the rapid growth of population, agriculture, industry, and other economic activities, the water resources of the state must be protected, conserved, and controlled to assure their reasonable and beneficial use in the interest of the people of the state. Therefore, it is declared to be the policy of the state that: (1) Waters in the state are a natural resource. (2) The ownership, control of development and use of waters for all beneficial purposes is within the jurisdiction of the state which in the exercise of its powers may establish measures to effectuate the proper and comprehensive utilization and protection of the waters. (3) The changing wants and constantly increasing needs of the people of the state may require the water resources of the state to be put to beneficial uses to the extent of which they are most reasonably capable and therefore the waste and unreasonable use of water should be prevented and the conservation of water should be accomplished. (4) The public welfare and interest of the people of the state require the proper development, wise use, conservation and protection of water resources together with the protection of land resources affected thereby. (5) Increasing diversion of surface and subsurface water in certain parts of the state is exceeding or threatening to exceed the natural replenishment of such waters and threatens to exhaust such waters or to render them unfit for use by intrusion of salt water, or from other causes. It is to the interest of the citizens of the state to conserve such waters by allocating their use in a fair and equitable manner. (6) The foregoing declarations of policy shall not be construed to amend or modify the provisions of History.-11, ch Definitions.-When appearing in this law or in any rule or regulation adopted pursuant thereto, the following words shall mean: (1) Board or state board-the state board of conservation. (2) Division-The division of water resources and conservation. (3) Local board-the governing board of

23 Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC. Ch. 373 any water regulatory district created under the authority of this chapter. (4) Water management district-any flood control or water management district operating under the authority of chapter 378. (5) Water regulatory district-any water control body created under the authority of this chapter. (6) Beneficial use-a use of water, including the method of diversion, storage, transportation, and application, that is reasonable and consistent with property rights and with the public interest in the proper utilization of water resources, including, but not limited to, domestic, agricultural, industrial, power, municipal, navigational, fish and wildlife, and recreational use. (7) Water, or water resources-surface water excluding lakes or ponds completely surrounded by land the title to which is vested in a single owner or in two or more cotenants, joint tenants or tenants by the entireties; and ground water. (8) Average minimum flow-when required for the purposes of this law, the division shall determine and establish the average minimum flow for each month, January through December, for a given watercourse at a given point thereon. The average minimum flow a s used in this law shall be the average of the five lowest monthly mean discharge for each month, January through December, occurring during the past twenty years of natural flow. The determination shall be based on available flow data or in the absence of such data, it shall be established by reasonable calculations by the division of water resources and conservation of the state board or its authorized agent. (9) Average mm1mum level-when required for the purposes of this law, the division the board of conservation or its agents shall not be conclusive or carry any presumption but said determination shall become conclusive unless contested in writing within sixty days after notification. Bisto..,..- 2, ch ; 2, ch ; (2), (8)-(10) 1, ch Ex em p t i on s.-n o provision of shall apply to: (1) Individual users of water for domestic purposes or ordinary livestock consumption. (2) That part of rivers or streams which constitute the boundary of the state of Florida or which may divide the lands of the state of!<'lorida from any other state. (3) Control of water-borne wastes from municipalities or industries. IDstory.- 3, ch Purpose; preservation of existing rights and specific limitations.-the purposes of this law are to implement the declared water policy of this state by effecting the maximum beneficial utilization, development and conservation of the water resources of the state in the best interest of all its people and to prevent the waste and unreasonable use of said resources; however, the present property rights of persons owning land and exercising existing water rights appertaining thereto shall be respected and such rights shall not be restricted without due process of law nor divested without payment of just compensation; and there shall be no authorization to divert water from springs (or downstream therefrom), now developed and operated for recreational purposes or as tourist attractions, to a degree that will materially interfere with such use. Bistory.- 4, ch shall determine and establish the average min General powers and duties of diviimum level for a given lake. The average mini- sion.-the division shall have the following mum level as used in this law shall be the general powers and duties: average of the minimum thirty days lake water (1) To conduct in cooperation with the divilevel occurring during each of the five years of sion of geology and other agencies a continuous lowest levels in the period of the preceding study by research and otherwise to determine twenty consecutive years. The determination the most advantageous and best methods for shall be based upon available lake level data, obtaining maximum beneficial utilization, desupplemented when available by reasonable velopment and conservation of the water recalculations made by the division of water re- sources of Florida and to make periodic reports sources and conservation or its authorized to the board of its findings and recommendaagent. tions for transmission to the legislature. (10) Mean low level-when required for the (2) To collect, compile and analyze for its purposes of this law, the division shall deter- use and guidance in administering the water mine and establish the mean low level for resources law of this state scientific and facground water at a given point. The mean low tual data from the United States geological level as used in this law shall be the level, survey, the division of geology, the state board as determined by the division of water re- of health, the agricultural experiment station, sources and conservation, below which the low- the engineering and industrial experiment staering of the ground water level will cause ir- tion and other federal and state agencies, and reparable damage to adjacent landowners or such state agencies are directed to cooperate contamination of the water source. The deter- with the division or its agents in making availmination shall be based on available ground able to it for this purpose such scientific and water level data, supplemented, when such data factual data as they may have. are incomplete, by reasonable calculations (3) To cooperate with water management made by the division of water resources and districts, county or other local governmental conservation or its authorized agent. Provided, organizations or agencies created by general, however, that said calculations as made by special or local legislation for the purpose of 1873

24 Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIY.; ETC. Ch. 373 utilizing and conserving the waters of this state and to assist such organizations and agencies in coordinating the use of their facilities and in an exchange of ideas, knowledge and data, and such organizations and agencies are directed to cooperate with the division in accomplishing this coordination and exchange. ( 4) To prepare and provide for the dissemination to the public of current and useful information on the activities and findings of the board and cooperating agencies. (5) To determine and keep current by continuing study the areas of the state in which salt water intrusion is a threat, or may become a threat to the fresh water resources, and to report its findings to boards of county commissioners and to the public where such studies are made. Bistory.- 7, ch ; 7, ch ; (5) n. 1, ch Authorization for capture, storage, and use of water.- (1) The board is empowered to authorize the capture, storage and use of water. of any watercourse only in excess of average minimum flow at the point of capture; to authorize the capture, storage and use of water of any lake only in excess of the average minimum level; to authorize the capture, storage and use of ground water only in excess of the, mean low level at the point of capture, except in those instances where hydrologic studies indicate that lowering the ground water level below the mean low level at the point of capture will not be detrimental to the water resources of the state or cause irreparable damage to other users, and to authorize the diversion of such waters beyond riparian or overlying land; provided that such capture, storage, use or diversion of water from a surface or ground water source will not interfere with the reasonable uses existing at the time of the beginning of the capture, storage, use or diversion. (2) The board may authorize the governing body of any legally constituted district concerned with the management of water to perform within the boundaries of said district any of the activities which the board is empowered to perform by subsection (1) of this section. Blstory.- 8, ch ; 3, ch ; (1) 2, ch Water regulatory districts.- (!) The board may create or dissolve anywhere within the state, or any water management district may create or dissolve within the area subject to its jurisdiction, water regulatory districts as necessary to serve the purposes of this law. No district shall be dissolved except by the creating agency of such district. No district shall be created or dissolved except pursuant to notice and hearing. A hearing may be called by the board or the water management district: (a) Upon petition from the board of county commissioners of any county or the boards of county commissioners of any combination of counties in this state as may be wholly or partly within any area proposed to be established as a district; or (b) Upon petition signed by twenty-five per cent of the freeholders of any territory proposed to be established as a district, according to the most recent list of registered freeholders as disclosed by the records of the office of the supervisor of elections of the counties affected; or (c) Upon a determination by the board or water management district after investigation that a necessity exists for such action. (2) No district shall be created or dissolved by the board or the board of a water management district unless the necessity therefor to accomplish the purposes set forth in is established by a preponderance of evidence at the hearing. The findings of fact on which the action is based shall be set forth in an opinion of the hearing officer. (3) Any water regulatory district created under the authority of this section shall conform as nearly as practicable to a hydrologically controllable area based on ground water and recharge area with appropriate consideration for surface water. Blstory.- 4, ch ; 2, ch Presentation of petitions.-petitions provided by (1)(a) and (b) shall be presented to the governing body of the water management district in the event the territory comprising the proposed district lies within the boundaries of a water management district; otherwise, it shall be presented to the board. Should the governing board of the water management district deny or elect not to consider any petition presented to it under this section, the petitioners may present the petition to the state board. mstory.- 5, ch Water regulatory district; governing board.- (1) In the event a water management district after hearing held on petition presented pursuant to , determines the need exists for the creation of the district, the.governing board of the water regulatory district so created may be either the governing board of the water management district or ~omy lesser board or boards under its jurisdiction, as determined by the water management district. In the event that no appropriate lesser board within the water management district is available, the governing board of the water management district may request the governor to appoint a local board under the provisions of subsection (2) of this section. If the governing board of a water regulatory district is a lesser board, or a board appointed by the governor at the request of the water management district, the rules, regulations, and orders of such board shall be subject to the approval of the governing board of the water management district. (2) In the event the state board after hearing held on petition filecl pursuant to determines the need exists for the creation of the water regulatory district petitioned, the 1874

25 Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC. Ch. 373 governor shall appoint a local board for the district consisting of five members who are residents and freeholders of the district. Members shall serve for terms of three years except that the first board shall be appointed two for three years, two for two years and one for one year. Members of such local board shall serve without compensation but shall be entitled to receive actual traveling expenses, per diem as provided by , and other actual expenses necessarily incurred in the performance of official duties. mstory.- a, ch Hearing; notice; record.- (1) Notice shall be published of any hearing to be held as provided in and , other than those described in subsection (2) of this section, once a week for two weeks in a newspaper or newspapers published in and having a general circulation in every county in the district or proposed district. In the event there is no newspaper published in the appropriate county or counties, publication shall be made in a paper having general circulation in the county or counties affected. The notice shall state the purpose, time and place of the hearing. (2) In the case of any proceeding under , pursuant to which a local board issues an order to a named person or persons, natural or artificial, affecting such person's use of water, rather than an order of general applicability and future effect, in lieu of the notice provided in subsection (1), of this section the local board shall give notices at least ten days prior to such hearing to such person or persons by personal service or registered or certified mail, stating the time and place of such hearing and the proposed action concerning his use of water. (3) All hearings pertaining to the creation or dissolution of a water regulatory district shall be held by the board or the water management district as the case may be, or by such persons as the board or district may designate. All hearings required by this law pertaining to rules, regulations and orders shall be held by the local board. ( 4) Accurate records of the proceedings had and all evidence introduced at all hearings shall be preserved. mstory.- 9, ch ; 6, ch Rules and regulations.- (!) In order to obtain the most beneficial use of the water resources of the state and to protect the public health, safety, and welfare and the interests.of the water users affected, local boards by action not inconsistent with the other provisions of this law and without impairing property rights may: (a) Establish ruies, regulations, or orders, affecting the use of water as conditions warrant, and forbidding the construction of new diversion facilities or wells, the initiation of new water uses, or the modification of any existing uses, diversion facilities, or storage facilities within the affected area; 1875 (b) Regulate the use of water within the affected area by apportioning, limiting or rotating uses of water, or by preventing those uses which the local board finds have ceased to be reasonable or beneficial. (c) Make other rules, regulations, and orders necessary for the preservation of the interests of the public and of affected water users. (2) In promulgating rules and regulations and issuing orders under this law the local board shall act with a view to full protection of the existing rights to water in this state insofar as is consistent with the purpose of this law. (3) No rule, regulation or order shall require any modification of existing use or disposition of water in the district unless it is shown that the use or disposition proposed to be modified is detrimental to other wate1 users or to the water resources of the state. (4) No rule or regulation, other than a rule or regulation relating solely to the internal management of any such board, and no order shall be adopted, promulgated, issued, amended, or repealed except after a public hearing pursuant to notice as provided in No rule or regulation shall be adopted, issued, amended or repealed unless a need for such action is shown by a preponderance of the evidence presented at the public hearing. (5) All rules and regulations adopted by the local board shall be filed with the secretary of state as provided in part 1, chapter 120. An information copy will be filed with the division of water resources. Blstory.- 11, ch ; 8, ch State water resources appeal board; review of orders of local boards in adversary proceedings.- (!) There is hereby created a state water resources appeal board consisting of five members, residents of Florida, none of whom shall be officers or employees of the state or any county or municipality or any department, division or agency thereof, at least one of whom is a qualified geologist with hydrological training or experience and one of whom is a qualified engineer with hydrological training or experience, and one of whom is a member of the Florida bar. Members of the board shall be appointed by the governor for terms of three years, and he shall designate one of the members so appointed as chairman; provided members.of the first board shall be appointed for the following terms: one member, one year; two members, two years; and two members, three years. (2) Members of the board shall serve without compensation but shall be entitled to receive their actual travel, subsistence and lodging expenses incurred while performing their official duties, provided said expense shall not exceed the amount provided by , for state officers and employees. Such expenses shall be paid from funds appropriated for the board of conservation and allocated to the division of administration of said board.

26 Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC. Ch. 373 (3) (a) Any party aggrieved by the final order of a local board entered in any proceeding shall have the right to review of such order by the appeal board created by this section. (b) Such review may be had by, and only by, filing a notice of appeal within sixty days from and after the date of the entry of the order appealed from. The notice of appeal shall be filed with the director of the state board, and copies sent to the local board and other parties to the original proceeding. Within thirty days after receipt of such notice, the local board shall file with the appeal board a copy of the record of the proceedings had before it, and all the evidence introduced in such proceeding. This shall constitute the record on appeal. A copy of the record on appeal shall be provided all parties to the appeal upon payment by them to the local board of the reasonable cost of such copy. (c) The appeal board shall review the record on appeal for the purpose of determining whether the order entered by the local board conforms with the provisions and purposes of this act and that the order is in accordance with the weight of the evidence. Any party to the appeal, and the local board, may file written briefs with the appeal board, and when any party to the proceeding so requests may present oral argument. (d) On the basis of its review the appeal board may affirm the order, modify the order, rescind the order or remand the order to the local board for further proceedings. When remanding the order to the local board for further proceedings, the appeal board may request the appropriate division of the board of conservation to furnish to the local board such additional information and data as it deems necessary for the determination of the matter to be introduced in evidence and considered in determining the matter. Wstory.- 9, ch Judicial review.- (1) In the case of any action taken on the basis of any proceeding conducted by the state board, the governing board of a water management district, or a local board, any person, natural or artificial, aggrieved by such action shall have the right to appeal such decision to the district court of appeals in which a major portion of the regulatory district lies; provided that an appeal shall have been first taken to the appeal board as provided in (2) Such review may be had by, and only by, filing a notice of appeal within sixty days from and after the date of the entry of the order of the appeal board. The said notice of appeal shall be filed with the director of the state board and a copy of it filed with the clerk of the district court to which returnable. (3) The proceeding in court shall be confined to an examination of the record of the proceedings under this law, and no presumption shall be indulged as to the correctness of the action of any state board, appeals board or local board hereunder in creating or dissolving a water district or in adopting, repealing or 1876 amending any rule or regulation or in determining the reasonableness thereof. The provisions of chapter 59 shall be applicable to such appeals insofar as the same may be applied. The original record of the appeal board in the cause may be transmitted to the court in accordance with the procedure set forth in (4). Hlstory.- 10, ch Board; supervisory power over regulatory districts.-the board of conservation shall have general supervisory authority over all water regulatory districts created under this act. On recommendation of the director of the board of conservation, the state board may review any rule, regulation, order, or budget adopted by a local board, and modify or rescind such rule, regulation, order or budget to insure compliance with the provisions and purposes of this act. Wstory.- 11, ch Conduct of hearings, witnesses. (!) For the purpose of any hearing authorized by this law the appropriate board is authorized to administer oaths to witnesses and to require the production of books, papers or other documents; may issue subpoenas to compel witnesses to testify and produce such books, papers or other documents (excluding financial records) in their possession as may be in the opinion of said board relevant to any hearing before it; said subpoenas to be served by the sheriff of the county where the witness resides or may be found. Such witnesses shall be entitled to the same per diem and mileage as witnesses appearing in the circuit court which shall be paid by the board holding the hearing. (2) If any person shall refuse to obey any subpoena as issued or shall refuse to testify or produce any books, papers or other documents required by the subpoena, the board conducting the hearing may present its petition to the circuit court of the county where any such person is served with the subpoena, or where he resides, setting forth the facts, and shall deposit with said court when such subpoena is issued in its behalf, the per diem and mileage to secure the attendance of such witness; whereupon the court shall issue its rule nisi to such person requiring him to obey the same and unless the person shows sufficient cause for failing to obey the said subpoena, the court shall direct such person to obey the same and upon his refusal to comply, he shall be adjudged in contempt of court and shall be punished as the court may direct. Wstory~ 12, ch ; 12, ch Water regulatory districts; costs of organizing and administering.- (!) In the event a water regulatory district is created within a water management district, the cost and expenses incurred in organizing and administering said regulatory district shall be borne by the water management district or its basins or subdistricts from moneys collected by their existing taxing power. (2) In the event a water regulatory district

27 Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC. Ch. 373 [s created outside of a water management dis ~rict the cost and expenses incurred in organiz [ng and administering said regulatory district >hall be paid out of the water resources development account of the board of conservation. mstory.- 13, ch ; (2) 4, ch County water conservation projects.-the several counties of the state may cooperate with the board by engaging in county water development and conservation projects and may use county funds and equipment for this purpose and to do all other things necessary in connection with the development and conservation of the county's water resources consistent with the provisions of this law and the rules and regulations adopted pursuant thereto. mstory.- 13, ch Annual conference on water resources development programs.- (1) POLICY AND PURPOSE.-The purpose of this act is to establish a method whereby all agencies, commissions, districts, municipalities and political subdivisons, which are eligible to receive federal funds for such projects, may join together in presenting a unified program of water related public works in Florida for federal cooperation or assistance. It is recognized that recent efforts in unifying Florida programs at the national level have met with increasing success and this act is intended only as a further implementation of these efforts. It is urged that the governor's conference on water resources developments and the conference provided by this act be one and the same conference. (2) The board of conservation shall once each year hold a conference on water resources developmental programs. Each agency, commission, district, municipality or political subdivision of the state, responsible for a specific water resource development program which will require federal assistance, shall be given an opportunity at such conference to present its programs and projects and the needs thereof. (3) Upon the termination of the water conference, it shall be the duty of the board of conservation to select those projects for presentation in the Florida program, which best represents the public welfare and interest of the people of the state as required for the proper development, wise use, conservation and protection of water resources with the protection of land resources affected thereby. (4) Upon making the determination as set forth in the above section, the board of conservation shall present to the appropriate committees of the federal government, a program of public works for Florida, requesting authorization or funds for each project. (5) Nothing contained in this act shall be construed as limiting the powers and authorities of any agency, commission, district, municipality or political subdivision of the state, and nothing contained herein is intended to prohibit or prevent any such group from individually presenting their own request for federal assistance. History.- l-5, ch Southeast river basins resources advisory board.- (1) The governor of this state shall have authority to appoint a representative of this state to serve on the resources advisory board, southeast river basins, as said board is now, or may hereafter be, authorized, designated, and constituted. This power of appointment shall include the authority to fill vacancies in the position of representative of this state on said board from whatever cause existing and, from time to time, to make appointments for successive terms. (2) The representative of this state on said board shall be reimbursed by this state for his necessary travel expenses while engaged in the business of said board, as provided by (3) For the purpose of paying Florida's pro rata share of the expense of maintaining and operating the resources Advisory Board, Southeast River Basins, the Board of Conservation may expend an amount not in excess of twentyfive thousand dollars per annum out of moneys alloeated the Division of Administration of the Board of Conservation. ( 4) The resources advisory board, southeast river basins, is hereby authorized to enter into whatever agreement or agreements are necessary for the purpose of extending old-age and survivors insurance coverage to the employees of said board. Funds appropriated to or available to said board may be expended for such purpose. The board is hereby authorized to take whatever action or actions deemed necessary to provide the aforesaid coverage. mstory.- 1-3, ch ; 1, ch ; 1, ch Salt water barrier line.- (1) The board may, at the request of the board of county commissioners of any county, at the request of the governing board of any water management district, or any municipality or water district responsible for the protection of a public water supply, or, having determined by adoption of an appropriate resolution that salt water intrusion has become a matter of emergency proportions, by its own initiative, establish generally along the seacoast, inland from the seashore and within the limits of the area within which the petitioning board has jurisdiction, a salt water barrier line inland of which no canal shall be constructed or enlarged, and no natural stream shall be deepened or enlarged, which shall discharge into tidal waters without a dam, control structure or spillway at or seaward of the salt water barrier line, which shall prevent the movement of salt water inland of the salt water barrier line. Provided, however, that the board of conservation is authorized, in cases where salt water intrusion is not a problem, to waive the requirement of a barrier structure by specific permit to construct a canal crossing the salt water barrier line without a protective device 1877

28 Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC. Ch. 373 and provided, further that the agency petitioning for the establishment of the salt water barrier line shall concur in the waiver. (2) Application by a board of county commissioners or by the governing board of a water management district, a municipality or a water district for the establishment of a salt water barrier line shall be made by adoption of an appropriate resolution, agreeing to: (a) Reimburse the board of conservation the cost of necessary investigation, including, but not limited to, subsurface exploration by drilling, to determine the proper location of the salt water barrier line in that county or in all or part of the district over which the applying agency has jurisdiction. (b) Require compliance with the provisions of this law by county or district forces under their control; by those individuals or corporations filing plats for record and by individuals, corporations or agencies seeking authority to discharge surface or subsurface drainage into tidal waters. (3) The board of county commissioners of any county or the governing board of any water management district, municipality or water district desiring to establish a salt water barrier line is authorized to reimburse the board of conservation for any expense entailed in making an investigation to determine the proper location of the salt water barrier line, from any funds available to them for general administrative purposes. (4) No final order establishing a salt water barrier line shall be adopted by the board until a public hearing shall be held as provided in (1), and the evidence presented at the hearing shall be given consideration in determining the location of the salt water barrier line. (5) The board of conservation, any board of county commissioners, and the governing board of any water management district, municipality or water district having competent jurisdiction over an area in which a salt water barrier is established shall be charged with the enforcement of the provisions of this section, and authority for the maintenance of actions set forth in , shall apply to this section. (6) The provisions of shall apply specifically to the authority of the board of county commissioners, or to the governing board of a water management district, a municipality or a water district having jurisdiction over an area in which a salt water barrier line is established, to expend funds from whatever source may be available to them for the purpose of constructing salt water barrier dams, dikes and spillways within existing canals and streams in conformity with the purpose and intent of the board in establishing the salt water barrier line. History.- 2, ch Penalty.-Any person, real or artificial, that shall construct or enlarge, or cause to be constructed or enlarged, a canal or shall enlarge or deepen a natural stream in such a manner as to permit salt water to move inland 1878 of an established salt water barrier line, shall be guilty of a misdemeanor punishable by a fine of not more than $ provided that each day such movement of salt water shall continue, shall constitute a separate offense of the provisions of this law. mstory.- 3, ch Power to enforee.-the state board, the governing board of any water management district within which a water regulatory district is located, any local board, and any officer or agent of these boards may enforce any provision of this law or any rule or regulation adopted and promulgated or order issued thereunder to the same extent as any peace officer is authorized to enforce the law. Any officer or agent of any such board may appear before any magistrate empowered to issue warrants in criminal cases and make an affidavit and apply for the issuance of a warrant in the manner provided by law and said magistrate, if such affidavit shall allege the commission of an offense, shall issue a warrant directed to any sheriff, deputy, or constable for the arrest of any offender. mstory.- 14, ch ; 114, ch Enforcement; city and county officers to assist.-it shall be the duty of every state and county attorney, sheriff, constable, police officer and other appropriate city and county officials, upon request, to assist the board, the governing board of any water management district, or any local board, or any of their agents in the enforcement of the provisions of this law and the rules and regulations adopted thereunder. msto..,.-- 15, ch ; 115, ch Maintenance of actions.-the board, the governing board of any water management district, or any local board is authorized to commence and maintain proper and necessary actions and proceedings in any court of competent jurisdiction for any of the following purposes: (1) To enforce rules, regulations and orders adopted or issued pursuant to this law. (2) To enjoin or abate violations of the provisions of this law or rules, regulations and orders adopted pursuant thereto. (3) To protect and preserve the w::.ter resources of the state. (4) To defend all actions and proceedings involving its powers and duties pertaining to the water resources of the state. msto..,.- 16, ch ; 116, ch Flood control or drainage districts.-the division of water resources shall have authority to perform all functions set forth under this chapter within the boundaries of any flood control or water management district created under the authority of chapter 378; provided, however, that the department shall not exercise authority over such districts with respect to their management, operation or maintenance. mato..,.-117, ch ; 1, ch

29 Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC. Ch Penalties.-Any person who violates any provision of this law or any rule, regulation or order adopted or issued pursuant thereto is guilty of a misdemeanor and upon conviction shall be subject to punishment by imprisonment, not exceeding 6 months or fine not exceeding $ or both. History.- 18, ch Definitions; weather modification law.-as used in this chapter relating to weather modification: (1) "Board" means the state board of conservation. (2) "Person" includes any public or private corporat ion. History.- 1, ch cf (4) Division of adm!n!strat!on Purpose of weather modification law.-the purpose of this law is to promote the public safety and welfare by providing for the licensing, regulation and control of interference by artificial means with the natural precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere. Hlstory.- 2, ch Artificial weather modification operation; license required.-no person without securing a license from the board, shall cause or attempt to cause by artificial means condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere, or shall prevent or attempt to prevent by artificial means the natural condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere. Wstory.- 3, ch Application for licensing; fee. (1) Any person desiring to do or perform any of the acts specified in may file with the board an application for a license on a form to be supplied by the board for such purpose setting forth all of the following: (a) The name and post office address of the applicant. (b) The education, experience and qualifications of the applicant, or if the applicant is not an individual, the education, experience and qualifications of the persons who will be in control and in charge of the operation of the applicant. (c) The name and post office address of the person on whose behalf the weather modification operation is to be conducted if other than the applicant. (d) The nature and object of the weather modification operation which the applicant proposes to conduct, including a general description of such operation. (e) The method and type of equipment and the type and composition of materials that the applicant proposes to use. (f) Such other pertinent information as the board may require. (2) Each application shall be accompanied 1879 by a filing fee in the sum of one hundred dollars and proof of financial responsibility as required by Hlstory.- 4, ch Proof of financial responsibility. (!) No license shall be issued to any person until he has filed with the board proof of ability to respond in damages for liability on account of accidents arising out of the weather modification operations to be conducted by him in the amount of ten thousand dollars because of bodily injury to or death of one person resulting from any one incident, and subject to said limit for one person, in the amount of one hundred thousand dollars because of bodilv injury to or death of two or more person's resulting from any one incident, and in the amount of one hundred thousand dollars because of injury to or destruction of property of others resulting from any one incident. (2) Proof of financial responsibility may be given by filing with the board a certificate of insurance or a bond in the required amount. Wstory.- 5, ch Issuance of license; suspension or revocation; renewal.-. (1) The board shall issue a license to each applicant who: (a) By education, skill and experience appears to be qualified to undertake the weather modification operation proposed in his application. (b) File proof of his financial responsibility as required by (c) Pays filing fee required in (2) Each such license shall entitle the licensee to conduct the operation described in the application for the calendar year for which the license is issued unless the license is sooner revoked or suspended. The conducting of any weather modification operation or the use of any equipment or materials other than those described in the application shall be cause for revocation or suspension of the license. (3) The license may be renewed annually by payment of a filing fee in the sum of fifty dollars. Wstory.- 6, ch Filing and publication of notice of intention to operate; limitation on area and time.-prior to undertaking any operation authorized by the license, the licensee shall file with the board and cause to be published a notice of intention. The licensee shall then confine his activities substantially within the time and area limits set forth in the notice of intention. Wstory.- 7, ch , Contents of notice of intention. The nature of intention shall set forth all of the following: (1) The name and post office address of thp. licensee. (2) The name and post office address of the persons on whose behalf the weather modifica

30 Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC. Ch. 373 tion operation is to be conducted if other than the licensee. (3) The nature and object of the weather modification operation which licensee proposes to conduct, including a general description of such operation. (4) The method and type of equipment and the type and composition of the materials the licensee proposes to use. (5) The area in which and the approximate time during which the operation will be conducted., (6) The area which will be affected by the operation as nearly as the same may be determined in advance. mstory.- 8, ch Publication of notice of intention. The licensee shall cause the notice of intention to be published at least once a week for two consecutive weeks in a newspaper having general circulation and published within any county wherein the operation is to be conducted and in which the affected area is located, or if the operation is to be conducted in more than one county or if the affected area is located in more than one county or is located in a county other than the one in which the operation is to be conducted, then such notice shall be published in like manner in a newspaper having a general circulation and published within each of such counties. In case there is no newspaper published within the appropriate county, publication shall be made in a newspaper having a general circulation within the county. mstory.- 9, ch Proof of publication.-proof of publication shall be filed by the licensee with the board fifteen days from the date of the last publication of notice. Proof of publication shall be by copy of the notice as published, attached to and made a part of the affidavit of the publisher or foreman of the newspaper publishing the notice. Bistor)' ch Record and reports of operations. (!) Each licensee shall keep and maintain a record of all operations conducted by him pursuant to his license showing the method employed, the type and composition of materials used, the times and places of operation, the name and post office address of each person participating or assisting in the operation other than licensee and such other information as may be required by the board and shall report the same to the board at such times as they may require. (2) The records of the board and the reports of all licensees shall be available for public examination. mstory.- 11, ch Emergency licenses.-n otwithstanding any provisions of this act to the contrary, the board may grant a license permitting a weather modification operation without compliance by the licensee with the provisions of , and without publication of notice of intention as required by if the operation appears to the board to be necessary or desirable in aid of the extinguishment of fire, dispersal of fog or other emergency. mstor,..- 12, ch Suspension or revocation of license; appeal.- (1) Any license may be revoked or suspended if the board finds, after due notice to the licensee and a hearing therein, that the licensee has failed or refused to comply with any of the provisions of this act. (2) Any licensee may apply to the circuit court for the county of Leon to review any order of the board within the time provided by the Florida appellate rules. The review shall be by certiorari in the manner prescribed by the Florida appellate rules. (3) Either the board or the licensee may appeal from the order or decree of the circuit court to the appropriate district court of appeal in the same manner appeals may be taken in suits in equity. Wstory.- 13, ch ; (2) 21, ch Penalty.-Any person conducting a weather modification operation without first having procured a license, or who shall make a false statement in his application for license, or who shall fail to file any report or reports as required by this act, or who shall conduct any weather modification operation after revocation or suspension of his license, or who shall violate any other provision of this act, shall be guilty of a misdemeanor and upon conviction therefor shall be fined not more than $1,000, or imprisoned not more than 60 days, or both; and if a corporation, shall be fined not more than $1,000. Each such violation shall be a separate offense. mstory.- 14, ch

31 Ch. 374 CANAL AUTHORITY-NAVIGATION DISTS.-WATERWAYS DEV. Ch. 374 CHAPTER 374 CANAL AUTHORITY-NAVIGATION DISTRICTS-WATERWAYS DEVELOPMENT PART I CANAL AUTHORITY ( ) PART II NAVIGATION DISTRICTS ( ) PART III WATERWAYS DEVELOPMENT ( ) Canal authority, creation; short title Capital Board of directors General powers Special powers Obligations of indebtedness Eminent domain. 37 {.081 State lands; right of taking County donations of rights of way Tolls Canal authority, creation; short title.-there is hereby created a body corporate, with the name "ThE: canal authority of the State of Florida," (herein called the corporation), which shall operate under the supervision of the board of conservation. The principal office and necessary branch offices of the corporation shall be established at such places and under such rules and regulations as the board of directors may prescribe. This act may be cited as the "canal authority act." llistor;r.- 1, cb , 1933; 1, cb Capital.-The capital of said corporation shall consist of the rights, privileges and franchises herein and hereby granted to said corporation, which rights, privileges and franchises are hereby determined to be of the value of twenty million dollars. Wstor;r.- 2, cb , Board of directors.-the management of the corporation shall be vested in a board of directors consisting of five members to be appointed by the governor. The terms of the directors shall be four years and until their successors are appointed and qualified. Whenever a vacancy occurs among the directors, the person appointed to fill such vacancy shall hold office for the unexpired portion of the term of the director whose place he is selected to fill. Wstor;r.- 3, cb , General powers.-the corporation shall have perpetual existence. It shall have the power to adopt, alter and use a corporate seal; to make contracts; to lease, buy, acquire, hold and dispose of real and personal property of every kind and nature; to sue and be sued to select, employ and dismiss at pleasure s~ch officers, employees, attorneys, consultants and agents as shall be necessary or expedient for the transaction of the business of the corporation, to define their authority and duties and in the discretion of the board of directo'rs to PART I CANAL AUTHORITY Revenues, use Pilots Tax exemption Reports Officers; bonds, per diem, compensation Contracts Transfer to federal government Liberal construction of act. require bonds of them and to fix the penalties thereof; to fix the compensation of all officers, employees, attorneys, consultants and agents of the corporation; to prescribe, amend and repeal, by its board of directors, bylaws, rules and regulations governing the manner in which its business may be conducted and in which the powers granted to it by law may be enjoyed, including the selection of a chairman and provision for such committees and the functions thereof as the board of directors may deem necessary for facilitating the business of the corporation. The board of directors shall determine and prescribe the manner in which the corporation's obligations shall be incurred and its expenses allowed and paid. The corporation, by and with the consent of any board, commission or department of the state, including any field service thereof, may avail itself of the use of information, facilities, officers and employees thereof in carrying out the provisions of this act. Wstor;r.- 4, cb , Special powers.- (1) The corporation is hereby granted the right, privilege, franchise, power and authority: (a) To acquire, own, construct, operate and maintain a canal across the peninsula of Florida, connecting the waters of the Atlantic ocean with the waters of the Gulf of Mexico, together with sea and river approaches thereto, and such lateral and connecting branches as may be necessary or desirable; including a branch to link the St. Johns river with the Atlantic intracoastal waterway, and a branch to link the western reaches of such canal with the eastern terminus of the inland portion of the Gulf intracoastal waterway and the northern terminus of the inland portion of the Gulf intracoastal waterway, such canal shall be constructed along such route, and to be of such size, dimensions, specific.ations, kind or type as may be approved by the department of 1881

32 Ch. 374 CANAL AUTHORITY-NAVIGATION DISTS.-WATERWAYS DEV. Ch. 374 the army or other appropriate department or agency of the United States; (b) To construct and build the necessary cuts, embankments, basins, reservoirs, locks, including such locks to connect Canaveral harbor with the revetments, levees and Atlantic intracoastal waterway and other appurtenances thereto; (c) To construct said canal across, along or upon any stream, waterway, highway, (including state highways), railroad or canal, whenever and wherever the route selected for said canal as aforesaid, shall intersect or touch such stream, waterway, highway, railroad or canal; (d) To repair, construct and reconstruct telephone, telegraph and power transmission lines, water, gas and pipelines, highway and railroad bridges or tunnels, over, across or under said canal, whenever such repair, construction or reconstruction is necessitated by the construction, maintenance or operation of said canal; (e) To dredge in or about said canal and waterways and to deepen and widen any existing waterways directly connected with said canal; (f) To Contract for, to acquire by lease, purchase, or otherwise and to operate, repair, and maintain, ships, tugs, lighters, scows, vessels, railroads, dredges, bridges, engines, rolling stock, electric power houses and power lines, stores, warehouses, wharves, piers, basins, elevators, buildings and machinery, supplies, equipment, appliances and services of every kind and description that may be necessary, useful or convenient in the construction or operation of said canal; (g) To exaet and collect tolls and to prescribe rules for the privilege of passing through or along said canal or any portion thereof; and (h) To do any and all things necessary and incur and pay any and all expenditures necessary, convenient or proper in the acquisition, construction, operation and control of said canal and its related locks, improvement and appurtenances. (2) The corporation is likewise authorized to acquire, own, construct, operate and maintain such other waterways project or projects within the state as may be necessary or desirable, including, but not limited to, projects for flood control and water management purposes. Bistory.- 5, ch , 1933; 2, ch Obligations of indebtedness.-said corporation is hereby authorized and empowered to borrow, from time to time, money for the construction and operation of said canal and canal system, in such amounts and on such terms, as the board of directors may deem advisable, and for that purpose it may issue bonds or obligations of indebtedness in its own name, in such denominations, and at such rates of interest, and with such maturities, as its board of directors may determine, and in order to secure the 1882 payment thereof, said corporation is authorized and empowered to mortgage or pledge said canal and canal system, and the tolls, income and revenues to be derived therefrom. The corporation is further authorized to agree to such other or additional terms and provisions as may be necessary in order to finance the construction and operation of said canal. Bonds o-r obligations issued or executed by the corporation shall be what is commonly termed "revenue bonds" and shall not constitute or be a debt or general obligation of the state. The payment thereof, both as to principal and interest, shall be made solely out of the tolls and revenues to be derived from the operation of said canal and canal system, or from the proceeds of sales or leases of corporate property, and this fact shall be stated on the face of the bonds. History.- 6, ch , Eminent domain.-the said corporation is hereby authorized and empowered to acquire by condemnation, rights of way of such lengths and widths as may be reasonably necessary for the proper construction and efficient operation, repair and improvement of said canal and canal system, its embankments, locks and appurtenances, for spoil areas and borrow pits and for approaches to bridges and tunnels, crossing over or under said canal, including the right to condemn such rights of way (of the lengths and widths as above set forth) over property already devoted to public use for railroad, canal or other public utility purposes, wherever the route of such canal may cross the same and said corporation shall also have the right to acquire by gift, purchase or condemnation, land, timber, earth, rock and other materials or property, and property rights, including riparian rights, in such amounts as may be reasonably necessary or useful in the construction, operation, repair or improvement of said canal and canal system, its improvements, locks and appurtenances. Condemnation proceedings shall be maintained by and in the name of the corporation and the procedure shall be, except insofar as is altered hereby, that now prescribed for condemnation proceedings by railroad corporations in this state. Bistory.- 7, ch , State lands; right of taking.-this corporation shall have the right to take, exclusively occupy, use and possess, insofar as may be necessary for carrying out the provisions of this act, any areas of land owned by the state, not in use for state purposes, including swamp and overflowed lands, bottoms of streams, lakes, rivers, bays, the sea and arms thereof and other waters of the state, and the riparian rights thereto pertaining; and when so taken and occupied, due notice of such taking and occupancy having been filed with the secretary of state by the corporation, such areas of land are hereby granted to and shall be the property of the corporation. For the purposes of this section, the meaning of the term "use" shall include the removal of material from and the placing of material on any such land. In case if;

33 Ch. 374 CANAL AUTHORITY-NAVIGATION DISTS.-WATERWAYS DEV. Ch. 374 shall be held by any court of competent jurisdiction that there are any lands owned by the state which may not be so granted, then the provisions of this section shall continue in full force and effect as to all other lands owned by the state. The provisions of this section are subject to all laws and regulations of the United States with respect to navigable waters. Wstory.- 8, ch , County donations of rights of way. The several counties of the state through which, or adjacent to the boundaries of which may pass the route for said canal or any of its lateral or connecting branches, are hereby authorized to donate to the corporation all necessary rights of way, or portions thereof, together with spoil areas, borrow pits and other lands necessary or useful in the acquisition, construction, maintenance and operation of said canal, including approaches for bridges and tunnels crossing over or under said canal, and to that end are vested with the power of eminent domain to condemn all necessary lands for the purpose of securing such rights of way, such condemnation proceedings to be brought, maintained and prosecuted in the manner as prescribed in and , and such counties are further authorized and empowered to furnish to the corporation money, labor, materials and other property, including reconstruction of highways, and bridges, necessitated in and by the construction of said canal system. The board of county commissioners of each of said counties is hereby authorized to determine the millage necessary to be levied and to levy a tax on real and personal property to procure the necessary funds for such purposes, which are hereby declared to be county purposes. Wstory.- 9, ch , Tolls.-The said corporation shall fix and shall have exclusive jurisdiction over the rates of tolls and rules for the use of said canal, without being subject to the supervisory control of any other state board or commission. Tolls may be collected on all vessels or watercraft that pass or repass through said canal or any portion thereof which the corporation may cut or construct, or through any channel not now navigable, that the corporation may have dredged or deepened; and all such vessels and watercraft shall be liable for such tolls and shall be subject to a prior lien therefor, and may be detained by the corporation until the same are paid and acquitted. Wstory.- 10, ch , Revenues, use.-all revenues derived by the corporation from the operation of said canal shall be used exclusively for the payment of the administrative expenses of said the requirements of commerce may demand or make advisable, and for the payment of the interest on, and the repayment of the principal of, any moneys that may be borrowed from time to time by the corporation. Any surpluses that may be accumulated from time to time, over and above the cost of operation, administration and maintenance as above defined, and over and above principal, interest and sinking fund requirements on loans, and over and above such amounts as the board of directors may set aside for operating capital, shall be covered into the state treasury and used for the purpose of reducing taxation. Wstor:y.- 11, ch , Pilots.-The corporation shall have full power to employ or appoint and license pilots for piloting vessels and other craft through any canal authorized herein. No pilot shall pilot any vessel or other craft, which the regulations of the corporation require to be piloted, through the portions of said canal specified in such regulations, unless he at that time holds a license from the corporation. The corporation shall prescribe all rules and regulations governing pilotage in any such canal, including the exemption of any craft from the necessity for pilotage, the wages or fees to be paid to pilots, the qualification of pilots, the method of handling and speed of vessels in any such canal, and the measurement of vessels for pilotage. The corporation shall have the power to revoke at will the license of any pilot licensed by it. The corporation shall have the right to deny or prevent at any time the entrance to or use of any such canal or any part thereof by any craft. The provisions of this section are subject to all federal laws and regulations of all federal departments having appropriate jurisdiction. Wstor;r.- 12, ch , Tax exemption.-agreeable to 16 of Art. XVI of the constitution of Florida, all property of the corporation shall be exempt from taxation. Hlstory.- 13, ch , Reports.-The corporation shall make to the governor an annual report setting forth in appropriate detail the business transacted during the year and the condition of the ' corporation at the close of the year. Such annual reports shall be accompanied by duly certified audits of the accounts of the corporation, made by the state auditors. The corporation shall furnish to the governor such additional reports and information as he shall from time to time require. Hlstory.- 14, ch , corporation, the expenses of operation and main Officers; bonds, per diem, compentenance of the canal, insurance premiums for in- sation.-the members of the board of directors surance of such kinds and in such amounts as of the corporation shall each give bond in the the board of directors may deem advisable and sum of twenty-five thousand dollars, each conincluding such amounts as may be necessary, ditioned upon the faithful performance of the from time to time, for deepening and widen- duties of the office concerned, said bonds to be ing the main channel of the said canal, as furnished by reputable bonding companies au- 1883

34 Ch. 374 CANAL AUTHORITY-NAVIGATION DISTS.-WATERWAYS DEV. Ch. 374 thorized to do business in this state, to be payable to the governor of the state and his successors in office, and approved by the state comptroller. It shall not be necessary for such bonds to be furnished, however, until the corporation shall have obtained a loan of sufficient moneys with which to construct said canal. Each member of the board shall receive a per diem salary of twelve dollars per day for services rendered to the corporation from time to time, such salary to be paid upon the approval of the board of directors. Provided, however. that the board may select one of their members as managing director, who shall receive such additional compensation, commensurate with the duties and responsibilities placed upon him, as the board of directors may determine. Bistory.- 15, ch , Contracts.-The corporation shall have the power and authority to enter into any and all contracts necessary or convenient to the exercise of any or all of the powers herein and hereby granted, including contracts covering periods of time longer than the terms of office of the members of the board of directors making such contracts and shall also have the power and authority to contract with the United States or any appropriate department or agency thereof for the construction, operation or control of said canal or any portion thereof. Bistol'J.- 16, ch , Transfer to federal govemment. In the event that the United States should decide to undertake the construction of said canal across Florida, by an agency or department of the federal government, or in the event the United States should at any time desire to take over the ownership or possession of said canal for the purpose of operating the same free of tolls, the board of directors of the corporation is authorized, upon such terms and in such manner as said board shall deem proper, to assign, transfer and convey to the United States, or to the appropriate agency thereof, such assets, franchises and property, or interests therein, of the corporation, including lands, easements, and rights of way acquired by said corporation hereunder, as may be necessary or desirable, in said board's judgment, to accomplish such purposes. Bistol'J.- 17, ch , 1933; 3, ch Liberal construction of act.-it is intended that the provisions of this act shall be liberally construed for accomplishing the work authorized and provided for or intended to be provided for by this act, and where strict construction would result in the defeat of the accomplishment of any part of the work authorized by this act, and a liberal construction would permit or assist in the accomplishment thereof, the liberal construction shall be chosen. Bistory.- 19, ch , Ship canal navigation districts Board of commissioners General powers and duties Surety bonds Rules and regulations; committees; quorum Compensation and expenses; executive secretary-treasurer Issuance of bonds Promissory notes, issuance, repayment Bonds; procedure for issuance and calling Bonds; signatures Ship canal navigation districts. For the purpose of raising funds to be used by the canal authority of the state in paying for the cost of securing a right of way for a canal across the state, running through or adjacent to the counties hereinafter named, there is hereby created and incorporated a special taxing district consisting of the counties of Duval, Clay, Putnam, Marion, Levy and Citrus. Said district shall be known and designated as "The cross Florida canal navigation district," but shall in this act, for the purposes of brevity and convenience, be referred to as the "district," or the "navigation district." Bistory.- 1, ch , 1935; 1, ch Board of commissioners.-a governing body for said district is created, consisting PART II NAVIGATION DISTRICTS Bonds; election for issuance Bonds; additional elections Legality of bond issue; protest Security for bonds Bonds; validity and incontestability Bonds; sale Sinking fund Redemption of bonds, investment of sinking fund Deposit of funds Levy of taxes Publication of financial statement Liberal construction. of five members, which body shall be designated as the "board of commissioners of the cross Florida canal navigation district," but which shall, for purposes of brevity and convenience, be referred to as the "board," or the "district board," in this act. Their term of office shall be for four years or until their successors shall have been appointed and qualified; provided, however, that of the directors comprising the first governing body, two shall serve for a term of four years, one shall serve for a term of three years, one shall serve for a term of two years and one shall serve for a term of one year. The directors shall reside in the counties comprising the district with not more than one director to reside in any one county. The directors shall be appointed by the governor. Bistor;r.- 2, ch , 1935; 2, ch

35 Ch. 374 CANAL AUTHORITY-NAVIGATION DISTS.-WATERWAYS DEV. Ch General powers and duties.-the district board shall have all the powers of a body corporate, including the power to sue and be sued; to make contracts; to adopt and use a common seal and to alter the same as may be deemed expedient; to rent, lease, buy, own, acquire and dispose of such property, real or personal, as the board may deem proper to carry out the provisions of this act; to appoint and employ and dismiss at pleasure such engineers, attorneys, auditors, consultants, and employees as the board may require, and to fix and pay the compensation thereof; to establish an office or offices for the transaction of its business, either in Tallahassee, or in some city within the district, and to change the same from time to time; to borrow money and, in the manner and subject to the limitations herein contained, to execute, issue and deliver promissory notes, warrants, bonds or other evidences of indebtedness ; to pay all necessary costs and expenses involved and incurred in the formation and organization of the district, and incident to the administration and operation thereof, and to pay all other costs and expenses reasonably necessary or expedient in carrying out and accomplishing the purposes of this act; to do any and all other acts and things hereinafter authorized or required to be done, whether or not included in the general powers in this section mentioned; and to do any and all things necessary to accomplish the purposes of this act. Hlstory.- 3, ch , Surety bonds.-each member of the district board, before assuming to act as such, shall be required to give a good and sufficient surety bond in the sum of ten thousand dollars, payable to the governor of the state, and his successors in office, conditioned upon the faithful performance of his duties as a member of the district board and as a member of the board of directors of said authority. Such bonds shall be approved by and filed with the comptroller of the state, and the premium or premiums thereon shall be paid by the district board as a necessary expense of the district. mstory.- 4, ch , Rules and regulations; committees; quorum.-the district board shall have power to adopt, alter, or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, and may provide for the appointment of such committees, and the functions thereof, as the board may deem necessary or expedient in facilitating its business. Three members of the board (one of whom may be the chairman), shall constitute a quorum for the transaction of business, and a majority vote of all members present shall be necessary in order to authorize any action by the board. The chairman shall be entitled to vote on all questions. liilstor:r.- 5, ch , Compensation and expenses; executive secretary-treasurer.-each member of the district board shall receive a per diem allowance and traveling expenses as provided by , for each day's service, but neither such per diem nor mileage shall be paid unless the service performed has been authorized and. payment approved by the board. The board may select one of its members to serve as its executive secretary and treasurer, or one of its members as executive secretary and one as treasurer, and in that event he or they shall receive such additional compensation, commensurate with the duties and responsibilities placed upon him or them as the board may determine. The board may, however, in its discretion, appoint a nonmember of the board as such executive secretary and treasurer, or it may appoint a member as executive secretary and a nonmember as treasurer, or vice versa, or it may appoint two nonmembers, one as executive secretary and one as treasurer. In any of such events, the board shall require a surety bond of such appointee or appointees in such amount as the board may fix, which bond, in the case of the appointment of member of the board, shall be in addition to the bond furnished by him as a board member. mstory.- 6, ch , 1935; 1, ch Issuance of bonds.- (1) In order to carry out the purposes of this act, the district board is authorized and empowered to issue, in the corporate name of the district, negotiable bonds in an amount not exceeding the sum of two million seven hundred fifty thousand dollars bearing interest at a rate to be fixed by the board, but not in excess of five per cent per annum. Such bonds shall mature at the time or times and shall be issued in the manner and on the terms and conditions, as hereinafter set forth. (2) The proceeds of all bonds so issued, over and above the amounts which may be necessary to retire the outstanding promissory notes of the district, and over and above the amounts reasonably necessary for the board to retain in order to cover its administration and operating expenses, shall be turned over to the canal authority, to be used by it in paying the costs and expenses of acquiring a right of way for a canal across the state, running through or adjacent to the boundaries of the counties comprising the district, together with sea and river approaches thereto and such lateral and connecting branches as may be necessary or desirable, and in paying its administration and operating expenses while so engaged in the acquisition of said right of way, and paying for any other expenses authorized to be incurred by said authority in and by part I of this chapter. All of the said bonds need not be sold at once, but the same shall be sold in such amounts, and at such times as to meet the monetary needs of the authority in acquiring the said right of way, and so that the acquisition thereof by the authority shall not be delayed or interrupted by lack of funds.

36 Ch. 374 CANAL AUTHORITY-NAVIGATION DISTS.-WATERWAYS DEV. Ch. 374 (3) Any of the proceeds of such bonds, or other district moneys which may have been turned over to the authority as in this act provided, and which shall not be needed for the purpose of acquiring said right of way or in paying the costs and expenses incident thereto, shall, after said right of way shall have been completely secured, be returned and repaid to the district and paid into the bond sinking fund to be created as hereafter provided. (4) If any of the bonds authorized to be issued and sold hereunder, have not been sold by the time said right of way shall have been completely acquired, and after all expenses incident to such acquisition have been paid, then such bonds shall not be sold thereafter, but the same shall be canceled, and any unused portion of said bonds at that time still remaining in the hands of the district board shall be paid into the said bond sinking fund. Wstory.- 7, ch , 1935; 3, ch Promissory notes, issuance, repayment.-the district board is authorized and empowered, in order to provide itself and the canal authority with immediate funds, to borrow money, for a period or periods not exceeding one year, and to issue its promissory notes therefor, upon such terms, and at such rate or rates of interest, not exceeding six per cent per annum, as the board may deem advisable; provided, however, that the total amount of money so borrowed on promissory notes as aforesaid, shall not exceed the sum of two hundred thousand dollars. Such notes shall be repaid out of the proceeds of the bond issue hereinafter provided for, unless no bonds are issued or approved, in which event the district board shall make provision in its tax levy for the raising of sufficient funds for the repaying of said notes. The moneys so borrowed on such notes may be used for the purpose of prov1ding the board with sufficient funds with which to administer and operate the district until the proceeds of the bond issues or tax levies hereinafter provided for are available, including all expenses necessarily incurred in calling and holding the election hereinafter provided for; and the remainder thereof shall be turned over to the canal authority, for the same purposes, and in the same manner and subject to the same terms and conditions as are herein set forth with reference to the net proceeds of the bond issue as hereinabove provided. Wstory.- 8, ch , 1935; 4, ch D Bonds; procedure for issuance and calling.-the bonds of the district issued pursuant to the provisions of this act shall be authorized by a resolution of the board and shall be serial bonds maturing at such time or times not exceeding thirty years from their respective dates, be in such denominations, be in such form, either coupon or fully registered, shall carry such registration, exchangeability or interchangeability privileges, be payable in such medium or payment and at such place or places, and be subject to such terms or redemption as 1886 such resolution or any resolution subsequent thereto may provide. The bonds shall be executed either by manual or facsimile signature by such officer or officers as the board shall determine, provided that such bonds shall bear at least one signature which is manually executed thereon, and the coupons attached to such bonds, if any, shall bear the facsimile signature or signatures of such officer or officers as shall be designated by the board and shall have the seal of the district affixed, imprinted, reproduced or lithographed thereon all as may be prescribed in such resolution o; resolutions. The bonds issued hereunder shall be sold at public sale at such price or prices as the board shall determine to be in the best interest of the district, provided that the interest cost to the district of such bonds shall not exceed five per cent per annum. Wstory.- 10, ch , 1935; 6, ch D Bonds; signatures.- In case any chairman or secretary of said board, whose signature, counter-signature, or certificate appears upon any of the bonds authorized by this act, or coupons thereon, shall cease to be such chairman or secretary, before the delivery of such bonds to the purchaser, the signature or counter-signature, or certificate shall nevertheless be valid and sufficient for all purposes, the same as if such chairman or secretary had continued to be such chairman or secretary until the delivery of the bonds. Wstory.- 11, ch , Bonds; election for issuance.- (1) Before issuing any bonds, the issue shall be provided for by a resolution of the district board, setting forth the amount of bonds proposed to be issued, the denominations and date or dates of maturity thereof, the rate of interest the same are to bear, the time and place where the bonds and the interest thereon shall be payable, and such other terms and conditions as authorized by this act, upon which it is proposed to issue the bonds. The resolution shall further call for and fix a date and otherwise provide for the holding of an election for submission to the qualified freeholders residing in the district, for their approval or disapproval, of the question of the issuance of the bonds. Notice of the resolution and election shall be published in each county in the district once a week for four consecutive weeks before the election is held. The board shall cause to be prepared a sufficient number of ballots to be used at the election, which ballots shall be in substantially the following form: OFFICIAL BALLOT SPECIAL BONDING ELECTION The Florida Canal Navigation District (Place a cross mark (x) before the proposition of your choice) FOR: Issuing Florida Canal Navigation District Bonds in an amount not to exceed the sum of $2,750, bearing interest at the

37 Ch. 374 CANAL AUTHORITY-NAVIGATION DISTS.-WATERWAYS DEV. Ch. 374 rate of 5% per annum, the proceeds of which bonds, or so much thereof as may be necessary, to be used in acquiring a right of way for a canal across the state of Florida, running through said district. AGAINST: Issuing Florida Canal Navigation District Bonds in an amount not to exceed the sum of $2,750,000.00, bearing interest at the rate of 5% per annum, the proceeds of which bonds, or so much thereof as may be necessary, to be used in acquiring a right of way for a canal across the state of Florida, running through said district. (2) The election shall be held at the several places in the district where the last general election was held in each of the counties of the district, unless the district board shall otherwise direct, and said board shall appoint the inspectors and clerks of election for each of the election precincts in said district. Only the freeholders who are qualified electors, as herein provided, and residing in said district shall be eligible to vote in said election. The election shall be conducted and the canvass of the votes certified to and returned, and the returns canvassed substantially in the manner and within the time prescribed by general law for holding bond elections, except as herein otherwise provided, and except that the returns of the election from each precinct in each of the counties in said district shall be delivered to the chairman and secretary of the district board instead of to the county officers or official to whom the returns are usually made. The board shall hold a meeting as soon thereafter as is practicable for the purpose of canvassing the election returns and certifying the returns. If a majority of the freeholders who are qualified electors residing in the district shall have participated in the election and a majority of the votes cast in the election are in favor of the issuance of the bonds, then the district board shall be authorized to issue and sell the bonds, in the manner as herein authorized, in the amount specified in the resolution calling the election, and to use the proceeds as authorized in this act. If, however, a majority of the freeholders who are qualified electors residing in the district shall not have participated in the election, or if a majority of the freeholders shall have participated but less than a majority of the votes cast are in favor of the issuance of the bonds, then and in either of such cases, no bonds shall be issued. (3) Prior to the ealling of the election, the district board may, by appropriate resolution, call upon the supervisors of elections or other registering officer in each county of the district to call for a reregistration of freeholder electors residing within the district, whereupon the reregistration shall be conducted by the supervisor or other registering officer in the same manner as provided in , except that ~he county commissioners of the several counties comprising the district shall not be required to take any action regarding the reregistration. In the event the reregistration be made, then in 1887 any election held hereunder after the reregistration, the power to issue bonds of the district shall be based upon the approval by a majority of the votes cast in the election in which a majority of the reregistered freeholders who reregister and are qualified shall participate. Bistory.- 12, ch , 1935; 7, ch ; 2, ch Bonds; additional elections.-in the event the issuance of the bonds is not approved by the first election held under this act, the district board shall be authorized to call another election on the question of the issuance of such bonds. such election to be held not sooner than six months after the first election, and further elections may be called and held, but not oftener than six months apart. History.- 13, ch , Legality of bond issue; protest.-no proceedings shall be brought by anyone to contest or question the legality or validity of the bond issue after the expiration of the period of thirty days following the publication of the first notice of the board's resolution authorizing the issuance of the bonds, as provided in History.- 14, ch , Security for bonds.-any and all bonds issued pursuant to the authority contained in this act, when sold, issued and delivered, shall become and be binding, valid and legal obligations of the navigation district, and for the security and payment of the bonds and the interest thereon, the entire taxable property lying within the district, and the full faith and credit thereof shall be pledged. Bistory.- 15, ch , Bonds; validity and incontestability. -This act without reference to any other act or statute 'of the legislature of the state, shall be full authority for the issuance and sale of the bonds herein authorized, which bonds shall have all the qualities of negotiable paper and which shall not be invalid because of any irregularity or defect in the proceedings for the issuance and sale thereof, and any and all such bonds shall be incontestable in the hands of bona fide purchasers thereof. All the bonds, regardless of time of sale, shall be of equal rankand without priority of one over the other, except as to the time of maturity as may be fixed in the bonds. No proceedings in respect to the issuance of said bonds shall be necessary, except such as are required by this act. Provided, however, that the district board may, if it deems such action expedient, validate the bonds, in the same manner as is provided by general law for the validation of bonds of counties and municipalities. If the validation proceedings are pursued, they may be instituted by petition filed in the circuit court in and for Duval county, and the proceedings thereon shall be conducted in the same manner and shall have the same effect as is provided by general law for the validation of county and municipal bonds except that notice of hearing on the petition

38 Ch. 374 CANAL AUTHORITY-NAVIGATION DISTS.-WATERWAYS DEY. Ch. 374 shall be given by publication in one or more newspapers published in each county in the district, once a week for three consecutive weeks, the first publication to be at least eighteen days prior to the date fixed for the hearing. History.- 16, ch , Bonds; sale.- The district board, after the approval of the issuance of the bonds at the election hereinabove provided for, shall have the power and authority to proceed forthwith to sell all of the bonds or portions thereof from time to time, at public sale, or upon sealed proposals, to the highest bidder for cash, after due notice thereof shall have been published in a newspaper published in Duval county, once a week for two consecutive weeks, provided, however, that the bonds shall not be sold for less than ninety-five cents on the dollar, plus accrued interest thereon to the date of. delivery. The board shall have the right to r~je~t any.or all bids, and if no satisfactory bid IS received on the day advertised for the sale thereof, the bonds or any part thereof may be sold at private sale at any time within sixty days thereafter, at not less than the highest bid received at the advertised sale, and at not less than the above stated minimum price?f ninety-five cents on the dollar, plus accrued mterest to date of delivery. The board may, however, sell any or all of the bonds at private S!lle at any time, whether notice has been published or not, provided that they are sold for not less than par plus accrued interest to date of delivery. Bistory.- 17, ch , Sinking fund.-it shall be the duty of the treasurer of the district, as custodian of the funds belonging thereto, out of the proceeds of the taxes levied and imposed as provided in this act, and out of any other moneys in his possession belonging to the district (all of which moneys, so far as may be necessary, are appropriated for the purpose), to pay the interest on and principal of the bonds as the same shall fall due. There is hereby created a sinking fund for the payment of the principal of all of the bonds, and until all of the bonds issued shall have been paid, or until there shall have been accumulated in said sinking fund sufficient funds to pay all of such bonds, the board shall set apart and pay into said sinking fund annually, beginning with the year following the year in which the bonds are issued, out of taxes levied and imposed by this act and other funds of the district at least three and one-half per cent of the total amount of bonds issued and sold hereunder. The sinking fund for the payment of the bonds shall not be appropriated to or used for any other purpose. Hlstory.- 18, ch , Redemption of bonds, investment of sinking fund.-the board is hereby authorized and empowered to invest the moneys belonging to the sinking fund in bonds issued under the provisions of this act, or in bonds issued by the United States. Whenever necessary or expedient in the opinion of the board, the securities in said sinking fund may be sold and the proceeds used in paying maturing bonds of t~e district o~ in calli~g the bonds for redemption as heremabove m provided or for the purpose of being invested in confor~ity with the provisions hereof. Provided, however, that whenever the total amount of money in the sinking fund (computing the bonds held as cash on the basis of their then market value less the cost of sale), shall exceed the amount necessary to pay bonds maturing during the next ensmng twelve months, the surplus shall immediately. be used by the board for the purpose of calhng bonds for redemption in the manner as prescribed in History.- 19, ch , Deposit of funds.-all district funds shall be deposited in a bank or banks to be designated by the ~oa;rd, including federal savings and loan associations. The board shall designate as such depository or depositories the bank or banks that will offer the best inducement as to the payment of interest on daily balances ~ut before!1-ny district J:?On_eys are deposited m the depository or depositories, security ample to protect the deposits shall be furnished to the. district.(without expense to the district), which secunty shall be m the form either of a surety bond or ~onds exec!lted by a surety company or compames authorized to do business in this state, or in the form of a deposit to the credit of the district, of bonds of the' United States or of the district, or insurance for the full amount of the deposit through an agency of the United States. Funds of the district shall be paid out only upon warrant signed by the treasurer of the board and countersigned by the chairman or vice chairman. No warrants shall be drawn or issued disbursing any of the funds of the district except for a purpose authorized by this act and only when the account o: ex~enditure for which the same is to be given m payment has been ordered or approved by the board. Bistory.- 20, ch , 1935 ; 8, ch Levy of taxes.- (1) The navigation district shall have, and it is hereby granted, the power to levy, assess, collect and enforce taxes upon all taxable real and personal property in the district, subject to the limitations and restrictions herein contained. The maximum amount of taxation which the district board shall be authorized to levy in any one year shall not exceed sixtenths mill on the dollar on the assessed evalul ation of the district. The amount of such levy to be made each year by the district shall be determined by resolution of the district board and a certified copy of such tax resolution exe: cuted in the name of the board by its chairman and attested by its secretary under its corporate seal, shall be delivered to the board of county commissioners of each and every county in the district and to the comptroller of the state immediately after the adoption of such

39 Ch. 374 CANAL AUTHORITY-NAVIGATION DISTS.-WATERWAYS DEV. Ch. 374 resolution. The moneys received by the district from such levy shall be used by it as follows: (a) To furnish the amount needed by the board for the annual administrative and operating expenses of the district which amount shall not exceed the amount which would be raised by a levy of one-tenth mill on the dollar on the assessed valuation of the district. (b) The balance of the amount raised by such annual levy shall be used for the payment of the principal of and interest on the outstanding bonds of the district becoming due and payable during the ensuing year, and for the establishment of reserves for such purposes. If no bonds of the district be outstanding, then the proceeds of said levy, less the amount needed for the annual administrative and operating expenses of the district, shall be turned over by the district to the canal authority of the state to be used by it in acquiring the necessary right of way for the cross Florida barge canal, as herein provided. (2) It shall be the duty of each of said boards of county commissioners, each year, to order the assessors of each of said counties to levy and assess, and the county tax collector to collect a tax at the rate fixed by the said resolution of the district board upon all of the real and personal property in said counties for said year and said levies and assessments shall be included in the tax roll and warrant of the tax assessors in each of said counties for such year. The tax collector of each said counties shall collect such taxes so levied by the di strict board in the same manner and at the same time as state and county taxes are collected and shall pay and remit the same upon collection, within the time and in the manner required by law, to the district board. (3) The tax assessor, tax collector, and the board of county commissioners of each and every county in said district shall, when requested by the district board, prepare from their official records and deliver to the board any and all information that may be requested from time to time from him or them regarding the tax valuations, levies, assessments or collections in such counties. (4) If any of the lands acquired by the canal authority of Florida with funds provided by the cross Florida canal navigation district under thi s act become surplus after the rights of way needs of the canal authority have been met, such land may be sold and the proceeds of such sale shall be paid to the counties comprising said district in direct proportion to the contribution of each county to the cross Florida navigation district. Histor;y.- 21, ch , 1935; 9, ch ; 1 1, chs , Publication of financial statement. At least once in each year the district board shall publish once in some newspaper published in each of the counties of the district, a complete detailed statement of all moneys received and disbursed by the district during the preceding year. Such statement shall also show the several sources from which such funds were received, and the balance on hand at the time of publishing the statement, and shall show the complete financial condition of the district. mstory.- 22, ch , Liberal construction.-lt is intended that the provisions of this act shall be liberally construed to accomplish the purposes provided for, or intended to be provided for, herein, and where strict construction would result in the defeat of the accomplishment of any of the acts authorized herein, and a liberal construction would permit or assist in the accomplishment thereof, the liberal construction shall be chosen. Histor;r.- 23, ch , Creation of districts Purpose of district Navigation districts subject to supervision of board of conservation Governing body Powers of district directors Bond of directors Organization of district Issuance of bonds Issuance of promissory notes Matching funds Issuance of bonds; procedure Election for bond issue Further elections Creation of districts.-whenever the state or federal government or appropriate agency thereof has authorized a waterways development project within the state and has defined and delineated the course or boundaries of said project, the state board of conservation shall create and establish a special taxing dis- PART III WATERWAYS DEVELOPMENT Validation Sale of bonds Sinking fund Investment of funds Deposit of funds Levy of taxes Budget Statement Construction Construction of small boat channel at Suwannee river mouth Participation in Tennessee-Tombigbee Waterway Development Authority. trict composed of the county or counties within the state through which or adjacent to which such project runs. A certified copy of the resolution adopted by the board of conservation creating and establishing said district shall be published in a newspaper of general circulation in each county which composes said district

40 Ch. 374 CANAL AUTHORITY-NAVIGATION DISTS.-WATERWAYS DEV. Ch. 374 once a week for four consecutive weeks commencing within one week of the creation of said district. History.- 1, ch Purpose of district.-the district so created shall be given and designated with an appropriate identifying name. The purpose of the district shall be to raise funds to be used by the canal authority of the state under the direction and control of the state board of conservation in acquiring and paying for rights of way for the development of the particular waterways project. Bistory.-~2, ch Navigation districts subject to supervision of board of conservation.-any navigation district created pursuant to the provisions of this chapter, or any navigation district heretofore or hereafter created by special acts of the legislature, shall act in conjunction with but at all times under and subject to, the control and supervision of the state board of con :aervation. Bistor;r.-11,.ch Governing body.- (1) The affairs of the district shall be governed by five persons who shall be known as directors of the district and who shall be the owners of real property and shall reside in the district. Their term of office shall be for four years or until their successors shall have been appointed and qualified; provided, however, that of the directors composing the first governing body, two shall serve for a term of four years, one shall serve for a term of three years, one shall serve for a term of two years, one shall serve for a term of one year. (2) Unless such district embraces less than. five counties not more than one director shall be from any one county. If the district be composed of five counties or less, each county shall have at least one member of the governing body. The directors shall be appointed by the governor. Bistor:r.- :1, ch Powers of district directors. - The district directors shall have the following powers: (1) To sue and be sued. (2) To adopt and use a common seal. (3) To make and enter into contracts. (4) To buy, sell, rent, lease, own, acquire and dispose of real and personal property, as the directors may deem necessary to carry out the functions of the district. (5) To employ and dismiss at pleasure all necessary personnel including without limitation engineers, attorneys, auditors and consultants and to fix their compensation. (6) To establish an office for the transaction of its business in some city in the district and to change the same from time to time. (7) To borrow money subject to the conditions and limitations hereinafter set forth. (8) To execute, issue, validate and sell promissory notes, warrants, bonds or other evidence of indebtedness (9) To pay all expenses incurred in the formation, organization, administration and operation of the district and to pay all other expenses reasonably necessary to carry out and accomplish the purposes of this act. (10) To do all other things and perform all other acts hereinafter authorized or required to be done whether or not included within the general powers of this section. (11) To do any and all things necessary to accomplish the purposes of this act. Provided, however, that all acts of the directors taken pursuant to those above enumerated or done pursuant to other provisions of this act shall be subject to the approval of the board of conservation. Bistory.- 4, ch Bond of directors.-each director of the district before assuming office shall be required to give a good and sufficient surety bond in the sum of ten thousand dollars payable to the governor and his successors in office conditioned on the faithful performance of his duties. Such bond shall be approved by the board of conservation. The premiums on said bonds shall be an expense of the district. Bistocy.- 5, ch Organization of district.-the directors shall select one of their members as chairman and they shall select a secretary who need not be a director. The directors shall have the power to adopt, alter and amend its bylaws and rules and regulations governing the transaction of its business and accomplishment of its purposes. Bistor:r.- 6, ch Issuance of bonds.-any district created pursuant to the provisions of this act shall be empowered to issue, validate and sell in the district's name negotiable bonds in an amount and for a term determined by the state board of conservation' bearing interest at a rate not exceeding the limit set by the state board of conservation, for the purposes of retiring any outstanding promissory notes, paying the administration and operation expenses of the district and for the cost and expense of acquiring rights of way for the waterway development project authorized to run through or adjacent to the said counties comprising the district. That portion of the proceeds from the sale of said bonds by the district to be used for right of way acquisitions shall be turned over to the canal authority of the state and said canal authority shall be charged with the actual acquisition of the rights of way and the payment thereof with the funds available for that purpose. Bistor:r.- 7, ch Issuance of promissory notes. - Any district created pursuant to the provisions of this act shall be empowered and authorized to borrow money to provide immediate funds in such amount, for periods of time and at an in-

41 Ch. 374 CANAL AUTHORITY-NAVIGATION DISTS.-WATERWAYS DEV. Ch. 374 terest rate to be fixed by the state board of conservation and the district shall issue its promissory notes therefor. Such notes shall be repaid from the proceeds of the bond issue unless no such bonds are issued, validated or sold, in which event the district shall make provisions in its initial tax levy for the raising of sufficient funds to repay said notes. The funds raised by the borrowing of money pursuant to this section shall be used for the purpose of paying all expenses incurred in the organization of the district or incident to its formation and to provide the district with funds for administration and operation until the proceeds of the bonds issued by the district are available or until the proceeds of the tax levies hereinafter provided are available. mstory.- 8, ch Matching funds.-the board of conservation is authorized to equally match out of state funds any moneys or funds raised by any special taxing district now in existence or hereafter created as herein provided for the purchase or acquisition of rights of way for any waterway development project authorized by the state or federal government or appropriate agency thereof. Wstory.- 9, ch Issuance of bonds; procedure.-the bonds which the district is authorized to issue pursuant to this act shall be in such denominations, be in such form either coupon or fully registered, shall carry such registration, exchangeability or interchangeability privilege, be payable in such medium or payment and at such place or places and be subject to such redemptions as the district directors may prescribe and designate by resolution. Said bonds shall be serial bonds maturing at such time or times as set by the state board of conservation. The bonds shall be executed either by manual or facsimile signature by such officer o: officers as the directors may determine, pro VIded such bonds shall bear at least one signature which is manually executed thereon and coupons attached to such bonds, if any, shall bear the facsimile signature or signatures of such officer or officers so designated by the directors and shall have the seal of the district affixed. mstory.- 10, ch Election for bond issue.- (1) Before issuing any of such bonds, such issue shall be provided for by a resolution of the district directors, setting forth the amount of bonds proposed to be issued, the denominations and date or dates of maturity thereof, the rate of interest the same are to bear, the time and place where said bonds and the interest thereon shall be payable, and such other terms and conditions as authorized by this act, upon whieh it is proposed to issue said bonds. Said resolution shall further call for and fix a date and otherwise provide for the holding of an election for submission to the qualified freeholders residing in the district, for their approval or disapproval, of the question of the issuance of sueh bonds. Notice of such resolution and election shall be published in each county in said district once a week for four consecutive weeks before such election is held. The district directors shall cause to be prepared a sufficient number of ballots to be used at said election, which ballots shall be in substantially the following form: OFFICIAL BALLOT SPECIAL BONDING ELECTION (Place a cross mark (x) before the proposition of your choice) FOR: Issuing District Bonds in an amount not to exceed the sum of...., bearing interest at the rate of.... per cent per annum, the proceeds of which bonds, or so much thereof as may be necessary, to be used in acquiring a right of way running through said district. AGAINST: Issuing District Bonds in an amount not to exceed the sum of......, bearing interest at the rate of.... per cent per annum, the proceeds of which bonds, or so much thereof as may be necessary, to be used in acquiring a right of way running through said district. (2) Such election shall be held at the several places in the district where the last general election was held in each of the counties of the district, unless the district directors shall otherwise direct, and said directors shall appoint the inspectors and clerks of election for each of the election precincts in said district. Only the freeholder!! who are qualified electors residing in said district shall be eligible to vote in said election. Such election shall be conducted and the canvass of the vote certified to and returned, and the returns canvassed substantially in the manner and within the time prescribed by general law. for holding bond elections, except as herein otherwise provided, and except that the return of said election from each precinct in each of the counties in said district shall be delivered to the chairman and secretary of the district instead of to the county officers or official to whom such returns are usually made. The directors shall hold a meeting as soon thereafter as is practicable for the purpose of canvassing said election returns and certifying the returns thereof. If a majority of the freeholders who are qualified electors residing in said district shall have participated in said election and a majority of the votes cast in said election are in favor of the issuance of said bonds, then the district directors shall be authorized to issue and sell such bonds, in the manner as herein authorized, in the amount specified in the resolution calling the election, and to use the proceeds as authorized in this act. If, however, a majority of the freeholders who are qualified electors residing in said district shall not have participated in said election, or if a majority of such freeholders shall have participated but less than a majority of the votes cast are in favor of the issuance of said bonds, then and in either such

42 Ch. 374 CANAL AUTHORITY-NAVIGATION DISTS.-WATERWAYS DEV. Ch. 374 case, no such bonds shall be issued. (3) Prior to the calling of such election, the district directors may, by dppropriate resolution, call upon the supervisors of elections or other registering officer in each county of any district created hereunder to call for a reregistration of freeholder electors residing within the district, whereupon such elections supervisor or officer shall conduct the reregistration in the same manner as provided in , except that the county commissioners of the several counties comprising the district shall not be required to take any action regarding such registration. In the event such reregistration be made, then in any election held hereunder after such reregistration the power to issue bonds of said district shall be based upon the approval by a majority of the votes cast in such election in which a majority of the registered freeholders who reregister and are qualified shall participate. Wstor;r.-111, ch ; 2, ch Further elections.-in the event the issuance of said bonds is not approved by the first election held, the district directors shall be authorized to call another election on the question of the issuance of such bonds, such election to be held not sooner than six months after such first election, and further elections may be called and held, but not oftener than six months apart. mstor;r.- 12, ch Validation. - Any bonds issued by any district created pursuant to this act shall be validated in the same manner as is provided by general law for the validation of bonds of counties and municipalities. Said validation proceedings shall be instituted in the circuit court in and for the most populous county within the district according to the latest official decennial census. Wstor;r.- 13, ch Sale of bonds.-after the approval of the bonds at the elections herein provided for and the validation of the same, the district shall forthwith sell all of said bonds or portions thereof from time to time at a price of not less than ninety-five per cent of face value plus accrued interest. The manner of sale shall be determined by the directors by resolutions subject to approval by the state board of conservation. Wstor:r.- 14, ch Sinking fund.-the district directors shall establish and maintain a sinking fund for the payment of the principal and interest on any bonds issued and sold by said district. Until all of said bonds have been paid in full or until there is accumulated in the sinking fund sufficient funds to pay all such bonds, the directors of the district shall deposit and pay into said sinking fund annually out of taxes levied and collected by the district at least funds equal to the amount necessary to pay the said bonds for one year. The sinking fund 1892 shall not be used or appropriated for any other purposes. Wstor:r.- 15, ch Investment of funds. - Any excess funds of the district may be invested in securities of the United States or agency thereof. Wstor:r.- 16, ch Deposit of funds.-the funds of the district shall be deposited in a bank or banks including federal savings and loan associations' to be designated by the directors of the board: provided, the bank depository shall furnish th~ di~trict ample security to protect said deposits. Withdrawal of funds from said bank or banks shall be in such manner as the directors may by resolution, prescribe. ' Wstor;r.- 17, ch Levy of taxes.-any district created pursuant to the provisions of this act, shall have the power to levy, assess, collect, and enforce taxes upon all the taxable real and personal property in the district, subject to the following restrictions and limitations: (1) The county tax assessor of each county within the district shall annually, commencing with the year in which the district is created, immediately upon the assessment rolls being equalized, report to the directors of the district the assessed valuation of the real and personal property in their respective counties and the railroad assessment board shall annually, commencing with the year in which the district is created, report to the district directors the assessed valuation of all railroad lines and property, telephone and telegraph lines and property and all other taxable property within the district over which it has jurisdiction for valuation and asse~;~sment purposes. The total sum of all assessments so reported shall be the assessed value of taxable property of the district for that year. (2) Upon receipt of all such assessments, the district directors shall by resolution determine the total amount of money to be raised by taxation in such year and shall also by the same resolution fix and determine the rate of taxation necessary when applied to the total assessed value of property in the district which will raise the amount of money so determined. (3) The maximum rate of taxation which the district may levy in any one year shall be the rate which when applied to the total assessed value of property in the district for that year will raise not more than the following amounts, to-wit : (a) The amount necessary to pay the annual interest requirements on and to pay the principal of bonds maturing during the ensuing year, of all bonds of the district outstanding and unpaid. (b) The amount needed by the district directors for the annual administrative and operating expenses of the district, which amount shall not exceed the amount which would be raised by a levy of a one-fifth mill on the dollar on the total assessed valuation of the district.

43 Ch. 374 CANAL AUTHORITY-NAVIGATION DISTS.-WATERWAYS DEV. Ch. 374 ( 4) The directors of the district shall immediately deliver to the tax assessor and tax collector of each county within the district and to the railroad assessment board, and to the board of conservation, certified copies of the above resolution. (5) The tax assessor of each county within the district and the railroad assessment board shall each year levy and assess a tax at the rate fixed by the district directors by said resolution upon all of the real and personal property in said counties and to include the same on the tax rolls. The county tax collector shall, each year, collect the tax levied and assessed in the same manner and at the same time as state and county taxes are collected and shall remit the same upon collection, within the time and in the manner required by law, to the district directors. (6) The collection of the taxes levied and assessed pursuant to this act shall be enforced in the same manner and at the same time as county taxes. Said taxes of the district shall constitute a lien of equal dignity to all other tax liens on all of the taxable property within the district. Wstory.- 18, ch Budget.-The district directors shall each year, prior to fixing the rate of taxation for that year, prepare an itemized budget for administration and operations, payment of principal and interest on bonds and any other expense_s contemplated for the ensuing year and submit the same to the board of conservation for its approval. mstory.- 19, ch Statement. - The district directors s?all p_ublish annually in a newspaper published ld each county of the district a complet~ and deta_iled statement of all' moneys received and disbursed by the district during the preceding year. mstory.- 20, ch Construction.-It is intended that the provisions of this act shall be liberally construed to accomplish the purposes provided for, or intended to be provided for, herein, and where strict construction would result in the defeat of the accomplishment of any of the acts authorized herein, and a liberal construction would permit or assist in the accomplishment thereof, the liberal construction shall be chosen. Wstory.- 21, ch Construction of small boat channel at Suwannee river mouth.-the waterways development division of the Florida board of conservation shall construct, in cooperation with the Suwannee river valley authority a small boat channel at the mouth of the Suwannee river from the outer bars through the west pass and Salt creek to the town of Suwannee. mstory.- 1, ch Participation in Tennessee-Tombigbee Waterway Development Authority.- (!) The governor, on behalf of the State of Florida, is hereby authorized to enter into the Tennessee-Tombigbee Waterway Development Authority and Interstate Compact for the purpose of promoting the development of a navigable interstate waterway connecting the Tombigbee and the Tennessee Rivers, which membership will materially assist in the development of Florida's waterways projects. (2) The membership on this authority from Florida shall consist of the governor and five other citizens of the state who shall be interested in waterways development, two of whom shall be members of the State Board of Conservation, designated by said board. The Board of Conservation members shall serve until a successor is nominated by the board. Three members shall be appointed by the governor and shall serve four year terms; provided, however, the members of the first board so selected shall serve staggered terms with one member serving two years, one member serving three years and one member serving four years. The members of the authority shall not be compensated but each shall be entitled to expenses incurred in the performance of his duties as a member of the authority. (3) There is hereby granted to the governor and to the members of the authority from Florida, all powers provided for in said compact and the members from Florida are hereby authorized and directed to do all things falling within their respective jurisdictions which are necessary or incidental to carrying out the purpose of said compact. ( 4) When the governor shall have executed and entered into said authority on behalf of this state and when said compact shall have been ratified by the authority as provided in its bylaws, then this act shall become operative and effective as between this state and such other states and the governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents between the states and any other state ratifying said compact. All documents relating to the compact shall be filed with the secretary of state. Hlstory.- 1-4, ch

44 Ch. 375 OUTDOOR RECREATION AND CONSERVATION Ch. 375 CHAPTER 375 OUTDOOR RECREATION AND CONSERVATION Short title Outdoor recreation development; council, committee Acquisition of land; Trustees of the Internal Improvement Trust Fund Recreation; required purpose for purchase Land acquisition trust fund Short title.-this act may be known and cited as the outdoor recreation and conservation act of Wstory.- 1, ch Outdoor recreation development; council, committee.- (1) In furtherance of the provisions of this act there is hereby created an outdoor recreational development council, hereinafter referred to as council, consisting of the governor, secretary of state, attorney general, comptroller, treasurer, commissioner of agriculture, and superintendent of public instruction. The governor shall serve as chairman of the council. The council shall meet from time to time at the call of the chairman. (2) The council is hereby given the responsibility, authority and power to develop and execute a comprehensive multipurpose outdoor recreation and conservation pl'an for this state. The outdoor recreation and conservation plan shall be kept current through continual reevaluation and revision. It shall be the responsibility of the council to supervise and to insure the beneficial management and use of the lands acquired under the provisions of this act, and to allocate by lease or otherwise sueh lands to the different agencies, subdivisions or municipalities of the state in order to accomplish the purposes of this chapter. Any action of the council must be by a major part of it, of whom the governor shall be one. (3) The council may employ a director and s et his compensation. The director shall possess such qualifications as the council may prescribe, and he shall serve at the pleasure of the council. It shall be the duty of the director to act as agent for the council in coordinating and directing ii:s activities in the discharge of its responsibilities. (4) For the purposes of coordinating needs for outdoor recreation, conservation and multipurpose land acquisition and obtaining professional guidance in the most beneficial use of lands acquired, there is hereby established an Interagency Outdoor Recreation and Land Acquisition Advisory Committee, hereafter referred to as the committee, whose primary duty it shall be to advise the council as to outdoor recreation and land acquisition needs and the most efficient use of lands acquired. The committee shall be composed of the following persons: t he Director of the Board of Conserva Proceeds from sale of state lands; deposit in land acquisition trust fund Issuance of revenue bonds subject to constitutional authorization Construction Limitation on liability of persons making available to public certain areas for recreational purposes without charge. tion; the Director of the Trustees of the Internal Improvement Trust Fund; the Director of the Florida Development Commission; the Director of the Florida Game and Fresh Water Fish Commission; the State Forester; the Director of the Florida Board of Parks and Historic Memorials and the State Road Commissioner. One member of the council, who shall be designated from time to time by the council, shall also serve on the committee as its chairman. The committee shall meet within sixty days after this law becomes effective and thereafter upon call of the chairman or at the direction of the council. The director of the councir shall serve as secretary of the committee. Any member of the committee may be represented at the various functions of the committee by his duly authorized representative. Nothing contained herein shall be construed as limiting the powers and authority of the officers, boards, agencies and commissions represented on the committee. (5) The council may contract with the government of the United States or any agency or instrumentality thereof or with the state or any county, municipality, or district authority, or political subdivision, or with any private corporation, partnership, association, or person providing for or relating to the development of outdoor recreation or conservation in accomplishing the purposes of this act. The council may receive and accept from any federal agency, state agency, or other public body grants or loans for or in aid of the purposes of this act and the council may receive and accept aid or contributions or loans from any other source of money, property, labor, or other things of value to be held, used, and applied only for the purpose for which such aid, grants, or loans were made. Without limiting or modifying any of the powers and authority of the council, but specifically as an addition thereto, the council is expressly authorized to participate in the land and water conservation fund program established by and pursuant to public law , as it may be amended from time to time. Hlstory.- 2, ch ; 1, 2, ch ; 5, ch Acquisition of land; Trustees of the Internal Improvement Trust Fund.- ( I) The council is hereby empowered and authorized to acquire lands, water areas and related resources and b perfor-::n all ou:~r activities necessary or incident to acquiring, im- 1894

45 Ch. 375 OUTDOOR RECREATION AND CONSERVATION Ch proving, enlarging, maintaining, extending, selling, leasing, or disposing of land, water areas, and related resources, and improvements thereon. The Trustees of the Internal Improvement Trust Fund shall hold title to lands so acquired but the beneficial use, control and management shall be with the council. (2) The council shall acquire, control and oversee the development and use of all land, water areas and related resources generally classified as outdoor areas and shall construct, improve, enlarge, extend, and maintain capital improvements and facilities upon such outdoor areas as needed. In performing these functions the council shall give full consideration to the recommendations of the committee and of other agencies using or desiring to use land or water areas provided by the council. (3) All land, water areas and related resources hereafter needed by the state for outdoor recreation, wildlife management, forestry management, nature preservation, water conservation and control and other similar or related purposes may be acquired through the procedures provided in this act. ( 4) The council may acquire by purchase, lease-purchase agreements, or otherwise, on such terms and conditions as it deems wise any land, water areas, related resources or other property which it deems is reasonably necessary for outdoor recreation or natural resources conservation under this act, and any and all rights, title and interest in such land, water areas, related resources and other property, including any public lands, parks, playgrounds, reservations, roads or parkways, owned by or in which any county, political subdivision, city, town, village, public agency, or officer of the state has any right, title or interest, or parts thereof or rights therein and any fee s imple absolute or lesser interest in private property, and fee simple absolute in, easement upon, or the benefit of restrictions upon, abutting property to preserve and protect recreation and conservation areas and projects. (5) Land, water areas and related resources which may be acquired through the procedures provided in this act shall include, but not be limited to, parks and recreation areas, wildlife preserves, forest areas, wetlands, floodways and water storage areas, beaches, water access sites, boating and navigational channels, submerged lands, historical and archaeological sites, rights-of-way and sites for access roads which may be necessary for maximum development, use and enjoyment of any outdoor recreation or conservation areas. The terms "land" and "lands" where used singly in this act shall be construed as inclusive of lands, water areas and related resources.. (6) The council may acquire by the exer Cise of the power of eminent domain in accordance with the statutes of the state any land or water areas, related resources and property and any and all rights, title and interest in such land or water areas, related ref'ources and other property which it determines as reasonably necessary for the preservation of floodways and water storage areas, boating and navigational channels, rights-of-way for access roads which may be necessary for maximum development and use of any outdoor recreation and conservation areas and rights-of-way for access which may be necessary for the use and enjoyment of public waterways. (7) The council may lease acquired land, water areas and related resources, or improvements thereon, to any state agency for its authorized purposes. The council may, in its discretion, require such state agency to pay as rentals on the leased land, water areas, related resources, or improvements, all or any part of the revenues derived from the land so leased. (8) The council may, if it deems it desirable and in the best interest of the program, direct the trustees to sell or otherwise dispose of any lands or water storage areas acquired under this act. The trustees, when so directed, shall offer such lands or water storage areas, on such terms as the council may determine, first to other state agencies and then, if still available, to the county or municipality in which such lands or water storage areas lie. If not acquired by another state agency or local governmental body for beneficial public purposes, such lands or water storage areas shall then be offered by the trustees at public sale, after first giving notice of such sale by publication in a newspaper published in the county or counties in which such lands or water storage areas lie not less than once a week for three consecutive weeks. All proceeds from the sale or disposition of any lands or water storage areas pursuant to this section shall be deposited in the land acquisition trust fund. (9) The council may sell, lease or otherwise dispose of certain products and user rights in, under or upon land, water areas and related resources acquired under the provisions of this act, including, but not limited to, oil and minerals, timber and forest products, sand, gravel, earth, grazing rights, and farming rights on such terms and conditions as it determines, if the sale, lease, or other disposition is not inconsistent with or injurious to the outdoor recreation, conservation, and other purposes for which said lands and water areas were acquired. Bistory.- 3, ch ; 13, ch Recreation; required purpose for purchase.-no land shall be purchased under this act or any funds expended for any project unless a finding is made that recreation is the prime purpose of the purchase or of the project. Bistory.- 6, ch Land acquisition trust fund.- (1) There is hereby created a land acquisition trust fund to facilitate and expedite the acquisition of land, water areas and related resources required to accomplish the purposes of this act. The land acquisition trust fund shall be held and administered by the council. All moneys and revenue from the opcratinn, management, sale, lease, or other disposition of

46 Ch. 375 OUTDOOR RECREATION AND CONSERVATION Ch. 375 land, water areas, related resources and the facilities thereon acquired or constructed under this act shall be deposited in or credited to the land acquisition trust fund. Moneys accruing to any agency for the purposes enumerated in this act may be deposited in this fund. There shall also be deposited into the land acquisition trust fund other moneys as authorized by appropriate act of the legislature. All moneys so deposited into the land acquisition trust fund shall be trust funds for the uses and purposes herein set forth, within the meaning of (1) (b) and such moneys shall not become or be commingled with the general revenue fund of the state, as defined by (1) (a). (2) The moneys on deposit in the land acquisition trust fund shall be first applied to pay the rentals due under lease-purchase agreements or to meet debt-service requirements of revenue bonds issued pursuant to (3) Any moneys in the land acquisition trust fund which are not pledged for rentals or debt service as above provided may be' expended from time to time to acquire land, water areas and related resources and to construct, improve, enlarge, extend, operate and maintain capital improvements and facilities in accordance with the. plan. (4) The council may disburse moneys in the land acquisition trust fund to pay all necessary expenses to carry out the purposes of this act. Blstory.- 4, ch ; 4, ch Proceeds from sale of state lands; deposit in land acquisition trust fund.-the net proceeds from the sale, lease or other disposition of state lands being administered by the trustees of internal improvement trust fund of the state may in their discretion be paid by said trustees into the land acquisition trust fund created by the outdoor recreation and conservation act of 1963; provided, however, this act shall not apply to the distribution of Murphy act funds as provided in , nor shall this act apply to proceeds payable into the state school fund as required by 4, Art. XII, of the state constitution, nor shall this act apply to proceeds payable into the state school trust fund as provided by and Blstory.- 1, ch Issuance of revenue bonds subject to constitutional authorization.-the acquisition of lands, water areas and related resources by the council under this act is a public purpose for which revenue bonds may be issued when and only when there has been granted in the State Constitution specific authorization for the Outdoor Recreational Development Council to issue revenue bonds to pay the cost of acquiring such lands, water areas and related resources and to construct, improve, enlarge and extend capital improvements and facilities thereon as determined by the council' to be necessary for the purposes of this act. The council may utilize the services and facilities of the attorney general, the Board of Administration, or any other agency in this regard. Provided, however, no revenue bonds, revenue certificates or other evidences of indebtedness shall be issued for the purposes of this act except as specifically authorized by the State Constitution; provided, however, all revenue bonds, revenue certificates or other evidences of indebtedness issued pursuant to this act shall be submitted to the Bond Review Board for final approval or disapproval. Hlstory.- 5, ch ; 5, ch Construction.-The provisions of this act shall be liberally construed in a manner to accomplish the purposes thereof. Blstory.- 6, ch Limitation on liability of persons making available to public certain areas for recreational purposes without charge.- (1) The purpose of this act is to encourage persons to make available to the public land, water areas and park areas for outdoor recreational purposes by limiting their liability to persons going thereon and to third persons who may be damaged by the acts or omissions of persons going thereon. (2) (a) An owner or lessee who provides the public with a park area for outdoor recreational purposes owes no duty of care to keep that park area safe for entry or use by others, or to give warning to persons entering or going on that park area of any hazardous conditions, structures, or activities thereon. An owner or lessee who provides the public with a park area for outdoor recreational purposes shall not by providing that park area: 1. Be presumed to extend any assurance that such park area is safe for any purpose, 2. Incur any duty of care toward a person who goes on that park area, or 3. Become liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on that park area. (b) This section shall not apply if there is any charge made or usually made for entering or using such park area, or any part thereof, or if any commercial or other activity for profit is conducted on such park area, or any part thereof. (3) (a) An owner of land or water area leased to the state for outdoor recreational purposes owes no duty of care to keep that land or water area safe for entry or use by others, or to give warning to persons entering or going on that land or water of any hazardous conditions, structures, or activities thereon. An owner who leases land or water area to the state for outdoor recreational purposes shall not by giving such lease: 1. Be presumed to extend any assurance that such land or water area is safe for any purpose, 2. Incur any duty of care toward a person who goes on the leased land or water area, or 3. Become liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the leased land or water area. 1896