Title: Memorandum to SWFWMD Governing Board Members
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Permanent Link: http://ufdc.ufl.edu/UF00051938/00001
 Material Information
Title: Memorandum to SWFWMD Governing Board Members
Alternate Title: Memorandum to SWFWMD Governing Board Members, Basin Board Members, and Other Interested Persons attaching Proposed Rules Regarding Basin Boards - Functions, Expenditures, Taxes and Budget Adoption.
Physical Description: 7p.
Language: English
Publication Date: Jan. 28, 1986
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 4, Folder 1 ( SF BASIN BOARD CONCEPT ), Item 22
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051938
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.

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WESTE FLORIDA WATER MANAGEMENT DISTRICT

V, tS / ^ 2379 BROAD STREET, BROOKSVILLE, FLORIDA 33512-9712
PHONE (904) 796-7211 SUNCOM 684-0111
'o BRUCE A. SAMSON, Chairman, Tampa Wm. O. STUBBS, JR., Vice Chairman, Dade City -o
1961 MARY A. KUMPE, Secretary, Sarasota RONALD B. LAMBERT, Treasurer, Wauchula
WALTER H. HARKALA, Assistant Secretary, Plant City MICHAEL ZAGORAC, JR., Assistant Treasurer, Belleair
JAMES P. TAFT, Crystal River HORACE F. HERNDON, Lake Wales ROY G. HARRELL, St. Petersburg
y M a GARY W. KUHL, Executive Director DANIEL P. FERNANDEZ, General Counsel tishe
WILLIAM K. HENNESSEY, Deputy Executive Director PETER G. HUBBELL, Deputy Executive Director


January 28, 1986



MEMORANDUM



TO: GOVERNING BOARD MEMBERS
BASIN BOARD MEMBERS
OTHER INTERESTED PERSONS

FROM: DANIEL P. FERNANDEZ, General Counsel

RE: Proposed Rules Regarding Basin Boards -
Functions, Expenditures, Taxes and Budget Adoption


Attached is a copy of proposed basin board rules. Notice of rulemaking will be published
in the February 7, 1986 issue of the Florida Administrative Weekly. The Notice states
that a Public Hearing to adopt the revisions will be conducted by the Governing Board on
March 5, 1986, beginning at 9:00 a.m. at District Headquarters.

We have published the rule substantially in the form initially proposed, with the
understanding that appropriate amendments can be made during the rulemaking hearing.
This Draft was approved for publication by the Governing Board at its January meeting.
A number of comments were received during the workshops and some of those ideas are
expressed in the attached draft. We welcome any additional comment and suggestions
either before or during the Public Hearing on March 5, 1986.

Please submit any written comments you may have to this office by February 21, 1986 if
possible.

Basin Board members as well as interested members of the public are invited to attend
the scheduled public hearing and participate.

JEC/dls
Enclosure
SS1/NotIntPer









CONSERVE WATER TODAY FOR TOMORROW













SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

RULE TITLE RULE NO.

Description of Organization 40D-0.001

Basin Boards 40D-0.062

Basin Board Functions 400-0.063

Basin Board Authorized Expenditures 40D-0.064

Basin Taxes 40D-0.065

Budget Modification Process 40D-0.066

PURPOSE AND EFFECT: Rules to clarify the iole uf the Governing Board

respecting Basin Boards in accordance with the mandate of Governor Bob GLaham

on November 4, 1985. The rule will describe the specific functions, duties

and taxing responsibilities of Basin Boards, as limited by Section 373.0695,

Florida Statutes, to generally represent water resource development programs

which are of particular benefit to limited or local segments of the

population. The rule will describe a process for Governing Board review of

Basin Board budgets and modification or deletion of basin projects or programs

upon determination by the Governing Board that a project is not within the

Basin responsibilities or is not consistent with the current water management.

program of the District.

SUMMARY: Proposed rules will" specify functions, duties and responsibilities

of Basin Boards, and budget and review processes.

RULEMAKING AUTHORITY: 373.044, 373.113, F.S.

LAW IMPLEMENTED: 373.0693, 373.0695, 373.0697 F.S.

SUMMARY OF ESTIMATE OF ECONOMIC IMPACT OF THE RULE: The Chapter 40D-0

proposed revision which is designed to clarify the duties, functions, and

budget responsibilities of the Southwest Florida Water Management District

Governing Board and Basin Boards, will result in a Ledistributiun of budget

allocations for the governing entities. Based on the fiscal year 1986 budget,

changes would consist of a decrease in the District's total budget and

increases in Basin Board budgets compared Lo 1985 budgets. Total proposed

budget expenditures would not change. Actual budget changes will not take

effect until fiscal year 1987.

Based on the revised cule, budget alucations fou four pujoct.S wi, be.

redistributed between the DiLscir 4n4 the B94.e 5 4a.ia, The pu'p.en4.4l. .FqF

of the revision wee determined by reviewing bU4dge a locations fur those tour

projects. Assuming that non-ad4vaioQem-t.ax funding sources remain the same,














the proposed rule change would result in an increase in the millage rates for

all basins except the Pinellas-Anclote, which would remain at zero millage.

However, because the District's village rate would decrease, the net millage

rates may not necessarily increase. Again, using figures from the revised

fiscal year 1986 budgets, the net effect would be an overall increase in

millage rates for Alafia, Coastal Rivers, Withlacoochee and Peace Basins; an

overall decrease in millage rates for Hillsborough, N. W. Hillsborough and

Pinellas Anclote Basins; and a zero overall effect on the Manasota Basin.

There would be no negative impact on small business, and competition for

employment would not be affected by the proposed rule change.

A PUBLIC HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

DATE AND TIME: March 5, 1986 at 9:00 a.m.

PLACE: Governing Board Room

Southwest Florida Water Management District

2379 Broad Street, Brooksville, Florida

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE AND ECONOMIC STATEMENT

IS: J. Edward Curren, Office of General Counsel, Southwest

Florida Water Management District Legal Department, 2379

Broad Street, Brooksville, FloLida 33512-9712















THE FULL TEXT OF THE PROPOSED RULE I AS FOLLOWS:

(Delete and transfer 40D-0.001(4), (5) and (6) to 40D-0.062.)

400-0.001 Description of Organization.

4+ A*i eo the area eo the Bistriee has been subdivided by the Geverning

Beard mkne watershed basins as described in Raee 49B-8-964- By Reseeaiit5on

the 6everning Beard may change the boundaries eo the watershed basins except

the Gteen Swamp watershed basin te eerseet inequtries er te ereate new

wateeshed basMis es sub-weaershed basins-

45+ The G6verning Beard eo the Bistrief eontees the Green Swamp

Watershed Basin.- AH other watershed basins are under the eentreo eo basin

beards eemposed of ae leest one -4+ representative from the pertion eo each

eeonty within the basinr Basin boards shaei have neo iess than three -9+

members-

46+ The member eo the Governing Beard representing the basin or

representing the area ineieding the basin sha+* serve as ex offiee eheirman

eo the basam water management board The ex offeoie chairman shai* preside as

a4& meetings of the basin weaer management boardT exeept ehat the viee

chairman may preside in his abseneer The ex office* eheirman shai* have no

eff&eia* voee except in ease of a bte vete being east by the members but

shai' be the iiaisen eoffeer of the Bistries in a4i affairs in the basi4 and

sha4e be kept informed eo a4* seeh affairsT Bach basin beard share& cheese the

vee chairman and seeresary te serve fer a period of one +44 year-

Specific Authority 373.044, 373.113, 373.149, 373.171, FS. Law Implemented

373.169 FS, 76-243, 61-691, Laws of Florida. History Readopted 10-5-74,

Amended 12-31-74, 10-24-76, 7-21-77, 6-6-84, Previously

numbered 16J-0.00 1(1)-(8).

(Transfer 40D-0.00 1(4), (5) and (6) to 40D-0.062 and renumber (1), (2) and (3) without

w riding change and add new (4).)

S/ 40D-0.062 Basin Boards.

"Y \ (1) All of the area of the District has been subdivided by the Governing Board into

4' \ \ 1f J watershed basins as described in Rule 40D-0.061. By -R-esolution, the Governing Board

\ \ nmay change the boundaries of the watershed basins except I e Green Swam watersid

basin to corrccect ine9uic or Co amQ R r wqL rm^e4^4 ubi vwypz trsChCdbanm.
(2) /The Gover g Board of the D1s4ct cununtui the Grooree w mP aceshe

Sasin .. other watershed basns are und he o. f al brds oi se4 of at














least one (1) representative from the portion of each county within the basin. Basin

boards shall have not less than three (3) members.

(3) The member of the Governing Board representing the basin or representing the

area including the basin shall serve as ex officio chairman of the basin water

management board. The ex officio chairman shall preside at all meetings of the basin

water management board, except that the vice chairman may preside in his absence. The

ex officio chairman shall have no official vote except in case of a tie vote being cast by

the members, but shall be the liaison officer of the District in all affairs in the basin and

shall be kept informed of all such affairs. Each basin board shall choose the vice

chairman and secretary to serve for a period of one (1) year.

(4) The Basin Boards have been assigned specific functions and duties by statute

which their budgets should reflect. Thus, Basin Boards assume taxing responsibility for

those water resource development programs of particular benefit to limited or local

segments of the population. Basin Board duties and spending authority are specifically

limited by statute.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.0693, 373.0695,

373.0697, F.S. History Subsections (1), (2) and (3) previously numbered 40D-0.001(4), (5)

and (6), Subsection (4) New

400-0.063 Basin Board Functions.

The various basin boards shall be responsible for discharging the following described

functions in their respective basins :

(1) Provide for individual or collective hydrological investigations; provide aerial

photogrammetry, remote sensing, and flood plain mapping of basin water resources;

develop hydrologic and engineering plans for identification, development and protection

of basin water resources.

(2) Development of basin plan for local (secondary), private and public flood

control measures.

(3) Preparation of budget to perform basin functions consistent with Chapter 373,

F.S., and the water management program of the District. Submittal of the basin budget

to the Governing Board of the District.

(4) Approval of final construction plans of the district for works within the basin;

construction of basin water management facilities/structures; Five-Year Basin Plans in

S accordance with designated duties,

(5) Proviaion gor neaqscary ad ra4i iU C .unotl.. u 4.nat.4 P. bY....

(6 miAsann o rgqiojn Wa^L hcppy aut4hript4 t&f fd baf at B vda"l Ml

Chapter 373, F.S.

,2w














(7) Review of Regional Observation and Monitoring Well Program.

(8) Review of Save Our Rivers.

(9) Plugging of uncontrolled artesian wells in the basin.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.0693, 373.0695,

373.0697, F.S. History New

40D-0.064 Basin Board Authorized Expenditures.

Basin board monies shall be utilized for:

(1) Preparation of final plans for and construction, operation and maintenance of

basinwater management facilities and structures.

(2) Payment for real property interests for works of the basin.

(3) Road, bridge, railroad and utility modifications and changes resulting from

basin works.

(4) Aquatic weed control activities for works of the basin and local aquatic weed

program ms of special need.

(5) Corn missions for tax assessors.

(6) Necessary administrative functions of designated basin activities.

(7) Engineering studies of works of the basin.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.0693, 373.0695,

373.0697, F.S. History New

40D-0.065 Basin Taxes.

(1) The respective basins may annually, by resolution, request the governing board

of the district to levy ad valore m taxes within such basin.

(2) Upon receipt of the request specified in subsection (1), and subject to review in

accordance with Rule 40D-0.066, a basin tax levy shall be made by the governing board

to finance basin functions enumerated in Rule 40 D-0.063, subject to the millage limits in

Section 373.503(3), F.S.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.0693, 373.0695,

373.0697, F.S. History New

40D-0.066 Budget Modification Process

(1) Basin Boards are authorized to fund projects or programs within their

designated duties. The Governing Board may modify (diminish) or delete projects or

programs contained in Basin Board budgets under the following conditions:

(a) The Governing Board determines that a proj ct. ot withn te.

designated Basin responsibilities or

(b) A project program or activity is not consistent with the current water

manage ment program of the water manaqa mlnt distnct,

-3.













(2) With any deletions from or modifications diminutionss) to a Basin Board

budget, the Governing Board will advise the Basin Board of its action.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.0693, 373.0695,

373.0697, F.S. History New

NAME OF PERSON ORIGINATING PROPOSED RULE: Daniel P. Fernandez, General

Counsel

NAME OF SUPERVISOR OR PERSONS) WHO APPROVED THE PROPOSED RULE:

Southwest Florida Water Management District Governing Board

.DATt PROPOSED RULE APPROVED: January 8, 1986





























































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