June 30, 1978 JEC
TO: DONALD R. FEASTER, Executive Director ?/
FROM: E. D. VERGARA, Director, Department of Interagency Coordination
RE: Transfer of Territory from South Florida Water Management District;
Questions and Answers
1. What becomes of area to be transferred?
a. Logically should become part of Peace Basin by Governing Board
Resolution to be adopted at the September Board meeting.
2. How do we handle transfer of taxes collected by South Florida?
a. Negotiate an agreement with South Florida per the following:
(1) 25% of taxes collected in November 1977 to transfer to
Southwest. Taxes collected at this time were to support
South Florida's fiscal period between October 1977 and
September 30, 1978. Since the area transfers on July 1,
1978, we should receive the taxes collected to support the
period between July 1, 1978 and September 30, 1978.
(2) 100% of taxes collected by South Florida in November 1978
to be transferred to Southwest. Taxes collected at this time
were to support South Florida's fiscal period between October 1,
1978 through September 30, 1979. Since the transferred area
will be under our jurisdiction during that time and since we will
not have had an opportunity to levy a tax for our activity in the
area for our similar fiscal period, 100% of South Florida's taxes
collected from the area in November 1978 should be transferred to
b. The first time Southwest will be able to assess a tax in the trans-
ferred area will be for the calendar year 1979. These taxes will be
collected in November 1979 and will support our fiscal period between
October 1, 1979 and September 30, 1980 (FY 79-80). There is adequate
time, therefore, to notify the counties involved in the transfer.
3. Are there any structures or real estate to be transferred?
a. There is one structure (estimated construction cost $100,000)
located on Jack's Creek to be transferred. The only real estate to
be transferred would be that associated with the structure. An
agreement reassigning property and structure ownership along with
pertinent as-built drawings, etc. is to be negotiated. Hopefully,
this could be available for Board approval in August or September.
Memorandum to D. R. Feaster 2 June 30, 1978
4. What's the schedule for implementing our rules in the transferred area?
a. Due to notice and advertising requirements prescribed by Florida law,
the earliest a hearing under normal circumstances could be held is
at the September Governing Board meeting. The Board will be asked
at its July meeting to direct the staff to proceed in this manner.
5. How do we handle the Permits granted by South Florida to applicants
from the transferred area?
a. 59 permits have been forwarded to us of which 43 are from Highlands
County and 16 from Polk County.
b. 40 of the permits expire in 1985, 1988 or 2010 and therefore can be
considered valid until renewal is required, at which time our rules
will have been implemented and renewal will be subject to our own
consumption use criteria.
c. Nineteen of the permits are due to expire in July 1978 before we can
implement our rules; however, Chapter 120.60 FS states:
"(3) When a licensee has made timely and sufficient application for the
renewal of a license which does not automatically expire by statute,
the existing license shall not expire until the application has been
finally acted upon by the agency ..."
South Florida wrote all 19 permittees in May that their permits would
be renewed in July unless further word was received. It appears
appropriate that we should now -- immediately -- notify them by letter
explaining that the area has been transferred as of July 1, 1978 and
therefore renewal of their permits would be kept pending until our
rules have been implemented in September and that in the meantime
certain additional information is required. This would qualify them
as having made "timely and sufficient application for renewal," and
at the same time allow us to request additional information which we
are required to do within 30 days.
6. Recommendations to the Governing Board:
1. September 1978 Governing Board meeting consider a resolution amending
the Peace River Basin boundary to include the transferred area.
2. Authorize staff to negotiate an agreement with South Florida to transfer
taxes as discussed above to be considered by Governing Board as soon as
3. Authorize staff to negotiate an agreement transferring capitalized
projects and real estate as discussed to be considered by the Governing
Board as soon as available.
4. Direct staff to advertise for a hearing to consider implementation of
the District's rules at the September meeting of the Governing Board.
5. Acknowledge staff direction and intentions regarding CUP's transferred from SFWi,