(1) The department may, at the request of the board of county commissioners of any county, at the request of the governing board of any water 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 saltwater 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 saltwater barrier line inland of which no canal shall be constructed or enlarged, and no natural stream shall be deepened or enlarged, which shall discharge into tidal waters without a dam, control structure or spillway at or seaward of the saltwater barrier line, which shall prevent the movement of salt water inland of the saltwater barrier line. Provided, however, that the department is authorized, in cases where saltwater intrusion is not a problem, to waive the requirement of a barrier structure by specific permit to construct a canal crossing the saltwater barrier line without a protective device and provided, further that the agency petitioning for the establishment of the saltwater barrier line shall concur in the waiver.
(2) Application by a board of county commissioners or by the governing board of a water management district, a municipality or a water district for the establishment of a saltwater barrier line shall be made by adoption of an appropriate resolution, agreeing to:
(a) Reimburse the department the cost of necessary investigation, including, but not limited to, subsurface exploration by drilling, to determine the proper location of the saltwater barrier line in that county or in all or part of the district over which the applying agency has jurisdiction.
(b) Require compliance with the provisions of this law by county or district forces under their 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 saltwater barrier line is authorized to reimburse the department for any expense entailed in making an investigation to determine the proper location of the saltwater barrier line, from any funds available to them for general administrative purposes.
(4) The department, 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 saltwater 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 s. 373.129 shall apply to this section.
(5) The board of county commissioners of a county, or the governing board of a water management district, a municipality, or a water district having jurisdiction over an area in which a saltwater barrier line is established, may expend funds from any available source for the purpose of constructing saltwater barrier dams, dikes, and spillways within existing canals and streams in conformity with the purpose and intent of the board in establishing the saltwater barrier line.
History.—s. 2, ch. 63-210; ss. 25, 35, ch. 69-106; s. 25, ch. 73-190; s. 14, ch. 78-95; s. 40, ch. 79-65; s. 85, ch. 79-164; s. 10, ch. 2000-212.
Note.—Former s. 373.194.
Structure Florida Statutes
Title XXVIII - Natural Resources; Conservation, Reclamation, and Use
Part I - State Water Resource Plan (Ss. 373.012-373.200)
373.012 - Topographic mapping.
373.016 - Declaration of policy.
373.023 - Scope and application.
373.026 - General powers and duties of the department.
373.033 - Saltwater barrier line.
373.036 - Florida water plan; district water management plans.
373.0363 - Southern Water Use Caution Area Recovery Strategy.
373.037 - Pilot program for alternative water supply development in restricted allocation areas.
373.0397 - Floridan and Biscayne aquifers; designation of prime groundwater recharge areas.
373.042 - Minimum flows and minimum water levels.
373.0421 - Establishment and implementation of minimum flows and minimum water levels.
373.043 - Adoption and enforcement of rules by the department.
373.044 - Rules; enforcement; availability of personnel rules.
373.046 - Interagency agreements.
373.0465 - Central Florida Water Initiative.
373.0466 - Central Florida Water Initiative Grant Program.
373.047 - Cooperation between districts.
373.069 - Creation of water management districts.
373.0693 - Basins; basin boards.
373.0695 - Duties of basin boards; authorized expenditures.
373.0698 - Creation and operation of basin boards; other laws superseded.
373.076 - Vacancies in the governing board; removal from office.
373.079 - Members of governing board; oath of office; staff.
373.083 - General powers and duties of the governing board.
373.084 - District works, operation by other governmental agencies.
373.085 - Use of works or land by other districts or private persons.
373.086 - Providing for district works.
373.087 - District works using aquifer for storage and supply.
373.088 - Application fees for certain real estate transactions.
373.089 - Sale or exchange of lands, or interests or rights in lands.
373.093 - Lease of lands or interest in land and personal property.
373.099 - Execution of instruments.
373.103 - Powers which may be vested in the governing board at the department’s discretion.
373.106 - Permit required for construction involving underground formation.
373.109 - Permit application fees.
373.113 - Adoption of rules by the governing board.
373.1131 - Consolidated action on permits.
373.1135 - Small business program.
373.116 - Procedure for water use and impoundment construction permit applications.
373.117 - Certification by professional engineer.
373.1175 - Signing and sealing by professional geologists.
373.118 - General permits; delegation.
373.119 - Administrative enforcement procedures; orders.
373.129 - Maintenance of actions.
373.136 - Enforcement of regulations and orders.
373.139 - Acquisition of real property.
373.1391 - Management of real property.
373.1401 - Management of lands of water management districts.
373.146 - Publication of notices, process, and papers.
373.149 - Existing districts preserved.
373.1501 - South Florida Water Management District as local sponsor.
373.1502 - Regulation of comprehensive plan project components.
373.1725 - Notice of intent by publication.
373.175 - Declaration of water shortage; emergency orders.
373.185 - Local Florida-friendly landscaping ordinances.
373.187 - Water management district implementation of Florida-friendly landscaping.
373.199 - Florida Forever Water Management District Work Plan.