Title: Message sent to Buddy Blain transmitting copy of a Resolution considered by the Governor and Cabinet and deferred to allow for a fuller examination of
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Permanent Link: http://ufdc.ufl.edu/UF00052216/00001
 Material Information
Title: Message sent to Buddy Blain transmitting copy of a Resolution considered by the Governor and Cabinet and deferred to allow for a fuller examination of
Physical Description: Book
Spatial Coverage: North America -- United States of America -- Florida
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052216
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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SENT PY:LANDERS PARSONS UHLFEL' --13-88 7:59FM ; 904 5S59- 813 228 6422; #10

Section 5. {Appears as Section 48 on page 40 of the Bill)
section 373.603, Florida Statutes, is amended to read
373.603 Power to enforce. -- The A4tic-d /V6f
i6 i W/tiZ/W f/td/tit governing board of any water
management district and any officer or agent thereof 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 lawp and
said magistrate, if such affidavit shall allege the
commission of an offense, shall issue a warrant directed to
any sheriff or deputy for the arrest of any offender. The
governing board shall establish incentives to encouragethe
third party reporting of violations. The provisions of this
section shall apply to the Florida Water Resources Act of
1972 in its entirety.
Section 6. Section 373.613, Florida Statutes, is amended
to read:
373.613 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 of the second degree, punishable as provided in
s. 775.082 or s. 775.083. Where fines are used as the
method of enforcement, the governing board shall adopt rules
establishing procedures for determining the amount of the
Section 7. {Appears as Section 56 on page 43 of the bill)
subsection (2) is amended and effective January 1,
1990, subsections (12) through (30) of section 403.061,
Florida Statutes, are renumbered as subsections (13) through
(31), respectively, and a new subsection (12) is added to
said section to read:
403.061 Department; powers and duties.-- The
department shall have the power and the duty to control and
prohibit pollution of air and water in accordance with the
law and rules and regulations adopted and promulgated by it
and, for this purpose, to:
(2) Hire only such employees as may be necessary to
effectuate the responsibilities of the department, and
retain these employees by establishing career paths for
qualified scientific and enforcement personnel to allow
advancement in sal and seniority in non-administrative
positions, and by establisin a pay grade for trial
attorneys who prosecute pert violators.
"- "(12) Uave exclusive jurisdiction over methods of
wastewater'...disposal and the amount of water reuse requred.

SENT BY:LFANDERS PARSONS UHLFE'L 9-13-88 6: 00M ; 904' 559- 613 228 6422; 11

Wastewater disposal includes land spreading, rapid
infiltration, percolation and deepwlltion

Section 8. Section 403.087, Florida Statutes, is amended
to read:
403.087 Permits; general issuance; denial; revocation;
prohibition; penalty.
(5)(a) The department may require a processing fee in
an amount sufficient to cover the costs of reviewing and
acting upon any application for permit or request for
site-specific alternative criteria or for an exemption from
water quality criteria and to cover the costs of
surveillance, enforcement of permit conditions, and other
field services associated with any permit issued pursuant to
this chapter. However, when an application is received
without the required fee, the department shall acknowledge
receipt of the application and shall immediately return the
unprocessed application to the applicant and shall take no
further action until the application is received with the
appropriate fee. Unless conditions placed on the permit
require additional staff work to monitor and enforce. (t)he
amount of the processing fee in no case shall exceed $100,
except that:
i. The permit fee for any of the following permits
shall not exceed $500:
a. Air pollution, operation permit.
b. Industrial waste, construction permit.
c. Domestic waste, temporary operation permit.
d. Industrial waste, temporary operation permit.
e. Stormwater, temporary operation permit.
2. Unless conditions placed on the permit require
additional staff wor to motor and enforce t)he permit
fee for any of the following permits shall not exceed
a Air pollution, construction permit.
b. Dredge and fill, standard form permit.
c. Deep well injection, construction permit.
d. Deep well injection, operation permit.
e. Hazardous waste permit.

3. The fee for a permit issued pursuant to a. 403.816
is $5,000, and the fee for any modification of such permit
requested by the applicant is $1,000.
(b) Notwithstaridin the limitation played on the fee

adopteby ru based o a sliding scale relating to the

SENT BY:LANDERS PARSONS UHLFEL '--13-88 8: 01AM ; 904: 359-M 813 228 6422;#12

size or type of installation which is proposed by the
applicant. If the department requires by rule or by permit
condition that a permit be renewed more frequently than once
every 5 years, the permit fee shall be prorated based upon
the permit fee schedule in effect at the time of permit

Section 9. Section 403.121, Florida Statutes, is amended to
section 403.121 Enforcement; procedures remedies.
(2) Administrative remedies:
(a) The department may institute an administrative
proceeding to establish liability and to recover damages for
an injury to the air, waters, or property, including animal,
plant, or aquatic life, of the sate caused by any violation.
The department may order that the violator pay a specified
sum as damages to the state. The department shall adopt
rules which establish a procedure for determining the fine.
Judgment for the amount of damages determined by the
department may be entered in any court having jurisdiction
thereof and may be enforced as any other judgment. The
department shall establish incentives to encourage the third
party reporting of violations.

SENT BY:LPANDERS PARSONS UHLFEL: ,--13-88 8:01FM ; 90422'559-A 813 228 6422; 13

Revised 3/22/o6


The Trustees of the Internal Improvement Trust Fund should
continue to adopt rules pertaining to sovereign suhmrged
lands and the management of aquatic preserves. Except for
the sale of fee title to suberged land these rules should
be administered by the water management districts (WNDs)
effective January 1, 1990. The decisions of the WNDs
pursuant to these rules should be final unlesswithin 30 days
there is an appeal pursuant to s. 373.114, Florida statutes,
or unless review is initiated by the Trustees pursuant to
rules adopted by the Trustees.

Personnel Analysis

Of the 28 staff persons in the Bureau of State Lands
Management, Submerged Lands Section, three of the group are
planners who are involved in rulemaking. In addition to
issuing consent of use under s. 253.665, F.S., to riparian
owners, the Bureau issues non-riparian aquaculture leases,
geophysical testing permits, and management agreements for
critical wildlife areas, rookeries and spoil islands.
Renewals require that extensive records be kept, and four
OPS employees are used to maintain records. When ownership
of a lease changes an assignment of interest has to be
recorded. Seven professionals review the applications, and
two staff write the agenda for the leases to come before the
governor and cabinet sitting as the Trustees of the Internal
Improvement Trust Fund (TIITF).

Because the EESC recommendation would allow for the TIITF to
initiate review of the WMD decisions or to hear these issues
on appeal, some staff would have to remain at DNR to handle
these agenda items. WMD staff currently handle appeals to
the governor and cabinet sitting as the Land and Water
Adjudicatory Commission under s. 373.114, F.S.

WMDs are presently unable to determine the number of staff
needed for them to assume responsibility for the program.

SENT BY: LNDERS P FRSONS UHLFEL-- 9-13-88 7:53FAM ; 904" '559-) 813 228 6422; 1




TO: 4vtv



DATE: 3/23.2


SENT PROM (904) 224-5595. If any problems, call (904) 681-0311.


SENT BY':LfAHL-ER5 PRSO0N5 UHLFEL- 9-13-88 7:53AM ; 9040 '559- 8213 228 6422;# 2


David Gluckman, Vice-Chairman 122 East Jefferson Street
L. M. Buddy Blain Tallahasee, Florida 3239-1400
Lelie 0. Bromwdl Telephone (904) 4873733
Marilyn E. Crotty
John M. DeGrove
Frank X. Friedmann
James L. Lafrenz
Susan R. Lubitz
Jack Maloy
Frederick C. Prior
Carol Rist
Theodore C. Taub
Peter Rudy Wallace
Warren Viessman


TO; Commissai9B "" ber s

FROM; Laura Allen ^ 4 t ^ A^^ 7

DATE: March 22, 1988 O 'j

The Governor and Cabinet today considered the enclosed
resolution. After a brief discussion, the agenda item was
deferred to allow for a fuller examination of the issues.
It was rescheduled for the next meeting on April 12, 1988.

Governor Martinez pointed out that the Commission
recommendations were the result of considerable study by
prominent citizens. His office will be contacting you
directly to seek your further involvement.

".SENT BY:LANDER5 PARSONS UHLFEL-8 9-13-88 7:54AM ; 9042' '59- 813 228 6422;# 3

WHEREAS, the 1986 Florida Legislature established the
Environmental Efficiency Study Commission to study Florida's environmental
laws and rules and make recommendations to the Legislature for eliminating
duplication and promoting efficient enforcement and administration of
those laws; and

WHEREAS, on February 1, 1988, the Environmental Efficiency Study
Commission issued its final report, including recommendations for funding
and implementing various Florida environmental and natural resources
programs; and

WHEREAS, the Governor and Cabinet of the State of Florida are
compelled to express strong opposition to certain recommendations
submitted to the Florida Legislature by the Environmental Efficiency Study
Commiss i on.

NOW, THEREFORE, BE IT RESOLVED that the Governor and Cabinet of
the State of Florida do hereby object to the transfer of dredge and fill
and other water quality permitting authority from the Department of
Environmental Regulation to the water management districts, on grounds
that the administration of these laws and rules by five different bodies
would compound inefficiency and further confuse permit applicants.

BE IT FURTHER RESOLVED that the Governor and Cabinet, sitting as
the Board of Trustees of the Internal Improvement Trust Fund, do hereby
object to the transfer of sovereignty, submerged lands administration to
the water management districts, on grounds that the Trustees have a
constitutional proprietary responsibility to protect the public trust,
which is fundamentally distinct from regulatory functions of other bodies
of state government.

BE IT FURTHER RESOLVED that the Governor and Cabinet, sitting as
the Board of Trustees of the Internal Improvement Trust Fund, do hereby
object to the Trustees being legally bound to Department of Environmental
Regulation or water management district water quality and biological
impact assessments, on grounds that such binding assessments would inter-
fere with the Trustees' fiduciary responsibility to protect public use of
the beaches and waters of the state.

BE IT FURTHER RESOLVED that the Governor and Cabinet, sitting as
the head of the Department of Natural Resources, do hereby object to the
Department of Natural Resources' mine reclamation and oil and gas permit-
ting programs being legally bound to Department of Environmental Regula-
tion or water management district water quality and biological assess-
ments, on the grounds that this would interfere with the Department's
unique responsibilities and expertise for administering these programs.

SENT BY:LAFNDER5 PAFRSONS UHLFEL' 9-13-88 7:55AM ; 904' '1559-) 813 228 6422;t 4

BE IT FURTHER RESOLVED that the Governor and Cabinet, sitting as
the Land and Water Adjudicatory Commission, do hereby object to the
regional planning councils being prohibited in binding conceptual develop-
ment of regional impact cases from making recommendations to local govern-
ments which conflict with the conceptual permit decisions made by regula-
tory agencies, on grounds that this restriction would undermine full and
comprehensive analysis of regional issues and would impair the regional
planning councils' latitude to appeal developments of regional impacts.

BE IT FURTHER RESOLVED, that the Governor and Cabinet direct that
our objections to the Environmental Efficiency Study Commission be
officially transmitted to the President of the Florida Senate and Speaker
of the House of Representatives, as well as appropriate Committees of

IN TESTIMONY WHEREOF, the Governor and Cabinet of the State have
hereunto subscribed their names and have caused the Official Seal of the
State of Florida to be hereunto affixed in the City of Tallahassee on this
22nd day of March, 1988.



Legislature may consider ways

to untangle environmental laws
_ ____N______ __ mended budget In 198.8 did not
S. .contain enough money for enforce
The Legislature this year will Wlace said. te Sl6Omil
be asked to help strengtenn ean f -b lton budget proposal for the De.
enforcement of environmental-pro- apartment of Environmental
tection laws that a study comm i Regulation provides enough money
sion said were weakened by "for 38 new employee but the de
underfinancing and red tape. part t had asked for 5t.
"The Environmental Efficiency The department Florida's envli
Study Commlssion, appointed in ronmental police force, Is k
1986 to unravel the rd tape In Charge of reviwing plans and ti
Florida's environmental laws, i B ing permits for sewagetreatment
sued a report Feb. 1 that said en K plants, landfill, haardous.waste
forcement problems e exacer- fr cilities, wetlands, drainage and
bated by a state bureaucracy that other projects that affect the
is geared more toward issuing per- state's environment
mits than making sure developers DER Secretary Dale Twacht.
comply with state regulations mann said e was aware that the
Over the years, the Legislture agency has a tendency to concern.
has enacted some of the toughest ,, trate more on Issuing permits than
environmental-protecton laws in Twachtrann to seek restucv making sure developers comply
the nation but didn't always pro- during of OER manaemet with state regulators
vide enough money to cary out But department offcals say the
the new programs, the report to success in environmental agency's confusing management
added. program, structure is as much to blame for
""Legislation is a lot more dr-w "We have a permitting pro enforcement weaknesses s any-
matic and exciting than enforee. gram that has fallen on its sword thin esie.
meant said Rep. Peter Rudy Wa)I because the conditions which are Twachtmann said he would ask
lace, D-5 Petersburg, the only attached to permits are not ade. lawmakers this spring to reorga*
legislator on the study commWson, quately monitored and enforced." ni the agency to make better use
"But enforcement is really the key Gov. Bob Martine's recom* of ts available rsoures.


SENT BY:LANDER5 PAR50N5 UHLFEI 9-1-38 7:56AM ; 904 559) 813 228 6422;# 6
MAR 2 1 98

d hI!E' Ii

SK y8 |l | ll 5


let t .j
{iqhi liii i1

SENT BY:LANDERS PAR5ONS UHLFEL 9-13-88 7:57AM ; 904 559- 813 228 6422;# 7

MAR 2 1 1988


DER permits

issued, not WNMI


panel says

nature wi be asked this year to
address enforcement problems
that a study panel id resulted
from year of under-finncing nvi-
ronmntal protection and creating
unchecked bureaucracy.
The Environmental Eficiency
Study Commission, appointed in
19 to unravel the red tape in
Florida's environmental laws, is
sued a report Feb. 1 that said
monitoring and enforcement were
weak links in the environmental
protection proce in Florida.
Enforcement problems were
compounded by a state bureaucra
cy tat ia geared more toward
suing permits than making sure
developers comply with state reg-
ulatios, the commission aid.
Over the year, the Legislature
hasnacted aome of the toughest
environmental protection laws in
the naton, but it didn't always
provide enough money to crry out
the programs, the report aid.
"Legislation is a lot more dra
made and ecitian than enforce
ment," savd Rep. Peter Rudy Wal-
lace, D-t Peterburg, the only
legislator oan the commisalo.
"We have a permitting pro-
rm that has fallen on its sword
because the conditions which are
attached to permits are not ade-
quately monitored and enforced."
The governor's recommended
budget for 198-89 does not coo-
tain enough money for enforce-
meat, Walace saidL
The Department of Eiron-
mental Regulation (DER) is in
charge of reviewing plans and issue
Ing permits for sewage treatment
plants, landfil, haardoua waste
facilities, storm water drainage
and other environmental projects,
DER Secretary Dale Twacht-
mann aid he is aware that the
agency has a tendency to concen-
t rate more on issuing permits than
tw tmann said he would ask
lawmakers this spring to reorlga
nise the agency to make better uae

SENT BY:LANDERS PARSON5 UHLFEL" 9-13-88 7:58AM ; 9047 559- 813 228 6422;# 8

A bill to be entitled
An act relating to environmental management.

Be It Enacted by the Legislature of the State of Florida;
Section 1. (Appears as Section 6. on page 12 of the
Subsection (7) of section 373.026, Florida Statutes, is
amended and new paragraphs (10) and (11) are added to read:
373.026 General powers and duties of the department.--
The Department of Environmental Regulation, or its successor
agency, shall be responsible for the administration of this
chapter at the state level. However, it is the policy of
the state that to the greatest extent possible, the
department may enter into interagency or interlocks
agreements with any other state agency, any water
management district, or any local government conducting
programs related to or materially affecting the water
resources of the state. All such agreements shall be
subject to the provisions of s. 373.046. In addition to its
other powers and duties, the department shall, to the
greatest extent possible:
(7) Exercise general supervisory authority over all
water management districts. T/Wl^WW/W[/3t M/W
i/ i tUfd rU/ Zi / iU /Ii^W /i / m/ i
(10) Marshall the state's many research resources to
aid the environmental decision-making process, and
establish, maintain and administer a state-wide
environmental resources data bank and act as a clearing
house for environmental information
(11) Establish a research institute to design and
administer a comprehensive research program on environmental
issues of concern to the legislature and state agencies.
universities, agencies, local governments and private firms
may be eligible, individually or cooperatively, to
participate- in the institute's research program. This
roram,, shall be funded bl an annual transfer of 30% of the
balance of the Florida Permit Fee Trust Fund described in as.

Section 2. section 373.044, Florida statutes, is amended to
373.044 Rules and regulations; enforcement;
availability of personnel rules. --In administering this
chapter, the governing board of the district is authorized
to make and adopt reasonable rules, regulations, and orders
which are consistent with law; and such rules, regulations
and orders may be enforced by mandatory injunction or other
appropriate action in the courts of the state. Rules

SENT BY:LANDERS PFRSONS UHLFEL 9-13-B8 7:58FAM 904 559- 813 228 6422; # 9

relating to personnel matters shall be made available to the
public and affected persons at no more than cost but need
not be published in the Florida Administrative Code or the
Florida Administrative Weekly. Personnel rules shall
include a system of career ladders which allow qualified
scientific and enforcement personnel to advance in salary
and seniority in non-adm istrative positions. Personnel
rules shall also include a pay grade for trial attorneys
prosecuting permit violations.

Section 3. (Appears as section 3. on page 11 of the bill)
Section 373.109, Florida Statutes, is amended to
373.109 Permit application fees. --When a water
management district governing board implements a permit
system under this chapter or one which has been delegated to
it pursuant to s. 403.812, it may establish a schedule of
fees for filing applications for the required permits.
While such fees shall not exceed the cost to the district
for processing the application the fee charged shall
include the cost of monitoring the conditions placed on a
permit according a schedule set in s. 403.087. However,
permit fees shall not be required from any governmental
(1) All moneys received under the provisions of this
section shall be allocated for the use of the water
management district and shall be in addition to moneys
otherwise appropriated in any general appropriation act.
(2) The failure of any person to pay the fees
established hereunder constitutes ground for revocation or
denial of his permit.

Nothing herein shall affect the authority of local
governments to establish fees relating to permitar
the amount_ of such fees.

Section 4. Section 373.136, Florida Statutes, is amended to
373.136 Enforcement of regulations and orders.--
(1) The governing board may enforce its regulations or
orders adopted pursuant to this chapter, by suit for
injunction or other appropriate action in the courts of the
sate. Where fines are used as a method of enforcement, the
governing board shall adopt rules which establish a
procedure for determining the ine.
(2) Any action by a citizen of the state to seek
judicial enforcement of any provisions of this chapter shall
be governed by the Florida Environmental Protection Act, s.

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