Title: Summary of Legislative Action for SWFWMD
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Permanent Link: http://ufdc.ufl.edu/UF00051545/00001
 Material Information
Title: Summary of Legislative Action for SWFWMD
Physical Description: 4p.
Language: English
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 3, Folder 3D ( LEGISLATION - BOX 3, FOLDER 3 ), Item 165
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00051545
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text


I. Administrative Procedures

HB 104 (Amending 120.52 (10) and 120.54) expanding the
definition of party to include consumer protection
organizations, expanding notice requirements where
adoption, amendment, or repeal of any rule involves
an increase or decrease in a rate charged for a
public service (twenty-one (21) days prior to intended
action notice must be published in the F.A.W., in a
newspaper of general circulation in the area affected,
and must be mailed to members of the legislature, the
Florida League of Cities, State Association of County
Commissioners, and Florida School Board Association).

,^ *; SB 553 (Comprehensive amendments to A.P.A.) grants stand-
ing to the J.A.P.C.. to seek review in court of the
validity or invalidity of any administrative rule;
- requires statement of extent to which a proposed rule
Establishes standards more restrictive than fjgeral
S standardsrd; requires that three certified copies of a
.. Proposed rule, a summary of hearings held on the rule,
^^^^^f yand a statement of facts justifying the rule be filed
with the state department, not less than twenty-one (21)
nor more than forty-five (45) days after notice if no
r C public hearing is held; if a public hearing is held, the
hsr- ~filing shall be within twenty-one (21) days of receipt
CF) of either the materials authorized to be submitted at
((Fthe hearing or the transcript, whichever is later; rules
not filed with the state department become effective on
adoption by the agency head; authorizes court awarded
attorneys' fees if the court reverses an agency order;
ninety (90) day period tolled by initiation of a formal
proceeding under 5120.57, and resumed ten (10) days
after the recommended order is submitted to the agency
and the parties; automatic approval if the application
is not approved or denied within forty-five (45) days
after the recommended order is submitted to the agency
and parties; reasonable notice of revocation, suspension,
etc. of license includes both certified mail and actual

Helped defeat the following:

Efforts to make hearing officer's orders final, efforts
to give hearing officers power to award attorneys' fees,
efforts to require publication of notice for practically
all agency action in newspapers of general circulation
throughout the area affected, efforts to establish a
presumption of correctness in the hearing officer's re-
commended order, efforts to give the hearing officer power
to award cost and attorneys' fees, efforts to require
all hearings before hearing officers.

II. Chapter 373 Legislation

HB 1571 and HB 1572 (Revisor's Bills) cleaning up language
and deleting obsolete language in the following
r sections: .069 (1) (2), and (4), .1962 (1) (a) and
4 (b), .1963 (5), .217 (4), .229 (3), .553 (2), .563
S(6) and (7), .586, .603, .609, as well as language
in 380.09 and 403.031 (2) and (12), ..061, .088 (5),
.121, .161 (3) and (4), .271 (1) (4), (6), and (7),
.504 .(7), .5065 (2), .508 (4) (c) and (6), .511 (2)
and (3), .706, and .813).

HB 963 (Revisor's Bill) deleting references to Parts one
and two of chapter 120, Fla. Stat.

HB 966 (Revisor's Bill) changing statutory reference from
"tax accessor" to "property appraiser".

HB 735 (Claim against SWFWMD) $20,000 awarded out of SWFWMD
funds "not otherwise appropriated".

I- SB 1138 (Amending 373.507) performance audit to be conducted
over a three year period.

SB 63 (Amending 373.073 (1) (b)) adding one member to the
S.R.W.M.D. governing board from the Aucilla River basin

HB 1303 (Amending 373.0693 (8)) providing for a basin within
the S.J.R.W.M.D.

SB 936 (Amending 373.197) Kissimmee River Valley restoration.

III. Water Management Legislation

SB 56 (State wilderness system) allows natural water storage
and ground water recharge in wilderness areas, but
limits artificial manipulation to further these purposes
to restoring and maintaining optimum natural conditions;
allows land used by any governmental agency to be in-
cluded within a wilderness area, subject to affirmative
action by that governmental agency owning the land; re-
tains current prohibition against use of eminent domain
to acquire the land; specifically prohibits artificial
drainage or impoundment of waters, specifically states
that "nothing in this act shall be construed...to prevent
the lawful management of water resources by any water
management district created pursuant to chapter 373."

SB 1298 (Preservation and restoration of bodies of water) -
aimed at preserving and improving water quality, i.e.
prevention of pollution and water quality degradation;
empowers D.E.R. to establish a program, with staff, to
push the project.

HB 253 (D.E.R.'s permit system for spoil site approval) -
SD.E.R. can establish a permit system to provide for
... \ spoil site approval for maintenance dredging of
^j- navigation channels, port harbors, turning basins,
Sand harbor berths as part of a federal project,
( where the local governmental agency (se'e 5403.1822
(1)) acts as sponsor for the Corps of engineers;
approval lasts up to ten (10) years; see 77-21,
laws of Florida; effective July 1, 1977.

HB 1142 (Creates 403.072) D.E.R. can establish by rule
Sthe method for determining the landward extent of
waters of the state for regulatory purposes, not for
determination of sovereign ownership; plant and soil
species may be used to indicate the line.

SB 575 (Safe drinking water act) under authority of
403.812 (present law) and 5403.861 (new law),
SWFWMD may be delegated the power and duty to enforce
Sports of this act, which requires D.E.R. to adopt
primary and secondary drinking water regulations, a
plan for emergency provision of drinking water, notice
provisions concerning problems with public water supply
systems, inspection requirements, etc.

IV. Miscellaneous Laws Affecting the Governing Board and Individual

SB 1454 (Code of ethics) financial requires full public
financial disclosure for all members of water manage-
VETOED ment boards under chapter 373.

SB 53 (Vacancy in public office) vacancies occur on crea-
tion of an office, death of an incumbent officer,
removal of the officer from office, resignation of the
officer and acceptance by the governor, succession of
the officer to another office, officer's unexplained
absence from the state for sixty (60) consecutive days,
officer's failure to maintain legally required residence,
failure of a person appointed to office to qualify for
office within thirty (30) days from commencement of the
term of office, refusal of the person appointed to
accept the office, conviction of the officer for felony,
final adjudication of mental incompetency, or final
judgment in circuit court declaring the appointment of
the incumbent void; retains governor's power to appoint
officers for the remainder of unexpired term.

HB 676 (Public business) requires state agencies to give
prior notice to affected state political sub-divisions
of proposed actions which directly affect the later
/. prior to taking final action.

HB 1213 increases per diem from $25 to $35 for employees
and authorized persons traveling to conduct state
business; includes travel outside the state on bona
fide state business.

HB 1375 removes the requirement that travel agencies obtain
an annual permit from the Department of Banking and
Finance to do business with the state for transporta-
tion requests.

SB 255 (Mobile home eminent domain) mobile home owners can
be compensated for removal or relocation costs when the
property is condemned; compensation must be reasonable;
a statement showing the necessity of the removal of
the mobile home shall be contained in the petition,
which shall name the owners of the mobile home as

HB 388 (Purchase of professional and technical service by the
State and its agencies) written agreement and methods
for billing for said services now required, with a copy
j ;. / j of the agreement being filed with the D.O.A. and the
SAJ.L.A.C.; creates 287.057, which indicates that this
is not an amendment to the Consultants' Competitive Ne-
gotiation Act (5287.055); requires public announcement
of need for services, competitive selection of the
services, competitive negotiation with the selected
qualified firms, and prohibits contract awards with
certain individuals employed by the agency.

HB 790, (Amends 216.141) establishes the State of Florida
A ,^ Accounting System, including budgeting, evaluating
systems, planning and programming systems; now law,
Ssee laws of Florida chapter 77-10; effective July 1,

HB 1107 (Open public meetings) VETOED by Governor Askew,
6-29-77, because it allowed agencies, authorities,
political sub-divisions, etc. involved in litigation
to meet in secret with the attorney for that agency,
etc. to decide or discuss future action in the litiga-

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