Title: Transmission from Chuck Littlejohn to Buddy Blain enclosing copies of "Getting less tough with developers," St. Petersburg Times. Dec. 20, 1987; and i
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Title: Transmission from Chuck Littlejohn to Buddy Blain enclosing copies of "Getting less tough with developers," St. Petersburg Times. Dec. 20, 1987; and i
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throughout the state. 1000 FRIENDS is establishing contact with business,
environmental and citizen groups in Brevard to offer assistance in becoming
involved in the planning process. Our goal is early involvement and
identification of key issues to local elected officials and state agency reviewers
so that solutions can be reached prior to costly administrative hearings and
legal proceedings. We will stay involved as long as necessary to firmly
establish sound precedent for the review of the remaining 436 local plans in the
state.

Technical assistance efforts are being considered based on actual needs
identified by the Board. For example, the Board has authorized assistance to
the Monroe County (Florida Keys) Land Authority. This unique public land
acquisition agency is set up to operate similarly to the Nature Conservancy and
could be a key institution in solving the growth management problems that
have plagued the Keys for decades. 1000 FRIENDS will be establishing
technical workshops with the Florida Judiciary to assist the judges in
understanding the wide array of new legal questions arising from the
implementation of Florida's growth management laws. Finally, 1000 FRIENDS
is discussing with the Washington, D.C. based Conservation Foundation
participating in their cooperative program called "Successful Communities."
Both organizations will jointly identify several Florida communities to work
closely with and then provide special means to transfer "successes" in growth
management techniques to other communities in Florida and nationwide.

1000 FRIENDS will have its first Founders Conference at the Sheraton
Grand Hotel in Tampa on January 30, 1988. The day before, January 29th, the
Board of Directors will meet to review our 1987 activities and make any
necessary adjustments to our 1988 plans. On the evening of the 29th, the Board
and staff will host a reception to honor our Founding Friends and Foundation
supporters. All conference attendees are invited. The Conference on the 30th
will focus on future growth management issues facing Florida. Particular
attention will be directed at finding ways to identify solutions that will insure
quality growth and ways to fund the infrastructure to support such growth. We
anticipate legislative leaders and prominent business, environmental, and local
government representatives will take part in the discussions. Your attendance
at the reception and conference will be critical to the success of this initial
annual event.

1000 FRIENDS will require an expanding participating membership to be an
on-going force in the state growth management process. Those of you who have
already committed to us with generous support deserve recognition and
membership services. We have ordered membership certificates and
recognition pins that provide you with visible identification with 1000
FRIENDS. Beginning in early 1988, we will produce a newsletter that will
provide our membership with up-to-date information on pertinent growth
management issues. Our staff is available at the Tallahassee office, 524 E.
College Street, (904) 222-6277 to respond to questions that you might have on
the status of these or other issues. An attorney and an urban planner will join us



4









next month. If we don't know the answer immediately we will find it and
report back to you.

As part of our on-going membership solicitation program we are asking a
special favor of our existing members. We have included in this mailing five
additional brochures on 1000 FRIENDS. If you can give them to friends and
associates who feel as you do about the future of Florida, we can increase our
membership many times over! If you are not a member, please consider helping
1000 FRIENDS. Florida's future will be determined by how we plan today.

Si erely,



J es F. Murley
executive Director

JFM/shc
Enclosures






























5






FRIENDS
1000
"FLORIDA

THE COST OF QUALITY
INSURING FLORIDA'S FUTURE

THE BOARD OF DIRECTORS OF
1000 FRIENDS OF FLORIDA
Invites You To Attend Our
First Annual Founders Conference

JANUARY 30,1988
9:30 am 5:00 pm
(registration begins at 8:30 am)
THE SHERATON GRAND HOTEL
(formerly Lincoln Urban Center Hotel)
4860 WEST KENNEDY BOULEVARD at WESTSHORE
TAMPA, FLORIDA 33609-2591
(813) 873-4400



Florida has comprehensive growth management laws to guide the State's future into
the 1990s. Government officials, corporate leaders and citizens are debating the issues
concerning our environment, economy, communities and the needs of our people. How can we
insure a quality future for Florida? How will we invest now in a Florida our children will be
proud of? 1000 FRIENDS OF FLORIDA has invited leaders throughout the state to our first
Annual Founders Conference. 1000 FRIENDS believes that today's leaders will set tomorrow's
plans for Florida's future.
Florida Leaders attending include:

Sandy Friedman, Mayor of Tampa
Nathaniel P. Reed, President of 1000 Friends of Florida
Reuben Askew, former Governor of Florida
Buddy MacKay, United States Congressman
Thomas G. Pelham, Secretary, Florida Department of Community Affairs
Lou Treadway, Commissioner, Orange County
Richard R. Edmonds, Editor and Publisher, FLORIDA TREND
Bob Rhodes, Senior Vice President, Disney Development Company
Jim Apthorp, Executive Vice President, Gulfstream Land & Development Corporation
John DeGrove, Director FAUIFIU Joint Center for Urban & Environmental Problems
These speakers will be joined by other invited legislative, environmental and media
leaders in a discussion on making a difference in Florida's future.




THE COST OF QUALITY:
INSURING FLORIDA'S FUTURE
I Will Be Attending:
NAME RECEPTION
For Conference Attendees and Guests
ORGANIZATION Friday, January 29,1988
ADDRESS 6:30 pm to 8:30 pm
D CONFERENCE
Saturday, January 30, 1988
PHONE 8:30 am to 5:00 pm
DEADLINE FOR REGISTRATION IS JANUARY 15, 1988. *
"*Room reservations must be CONFERENCE FEE IS Please return this form and
made by JANUARY 9,1988. $35.00 check payable to:
Conference attendees This includes reception
should contact the Friday, January 29, 1988, 1000 FRIENDS OF FLORIDA
Sheraton Grand Hotel Continental Breakfast Post Office Box 5948
to take adcvntage of special and Lunch, Saturday, Tallahassee, Florida 32314
S59.0()/night rate. .aItary 30, 1988







a fuLij SvarI ODj ONIHIIrSNI















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douJd4uo3 sjapunod lvnuuv IsT



FRIENDS
1000
FLORIDAI U S POSTAGE
PAID
1000 FRIENDS OF FLORIDA Permit No.
Post Office Box 5948 Tallahasse FL
Tallahassee, Florida 32314

Bulk Third Class



















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TRANSMISSION REPORT

813 228 6422
DURATION : 9' 1"
REMOTE ID : 904 681 8796
MODE : 63
PAGES : 12
RESULT : O.K.






l

LAW OFFICES
BLAIN & CONE, P. A.

L. M BUDDY BLAIN 202 MADISON STREET
THOMAS E.CONE.JR. TAMPA. FLORIDA 33602
(813) 223-3888
CAROLE JOY BARICE FAX (813) 228-6422
HALLIE S. EVANS / ) ^
DOUGLAS P. MANSON Date: p OF COUNSEL
SUSAN K.SCARCELLI JOHN P. CORCORAN,JR.

FACSIMILE HEADER SHEET





TO: L s k FAX NO. (el "/4 94l

FROM: iA 4d FAX NO. (813) 228-6422

SUBJECT:













NUMBER OF PAGES TO FOLLOW /

SPECIAL INSTRUCTIONS, IF ANY:












ale A ,fdZ$





pEEditonals,
a Letters, 3-D
ST. PETERSBURG TIMES Crossword, 4-D



Getting less tough


with developers SU seCi


r




S The mesh of Florida environmental protection


Dept of Environmental Water Management
S Regulation (DER) Districts (WMD)
The state's major regulatory agency Regional agencies assigned the
for the environment, with tasks of stormwater control and
responsibilities for air, water and l drinking-water regulation. There are
land protection. Duties include five in the state, whose governing
groundwater protection, dredge and i boards are appointed by the
fill projects, sewage and industrial governor, and they are supported by
plant discharges, storm water, air local property taxes. Duties include:
pollution sources, hazardous wastes, control of flooding from rain, u
S landfills and wetlands protection. It l management of drinking water and
has extensive permitting allocation of consumption permits,
responsibilities, but its enforcement protection andmanagement of lakes,
capability has been severely bays and rivers. ^
constrained by lack of manpower.
The Environmental Regulation
Commission, appointed by the
governor, sets rules and standards
E for the department. Dept. of Natural
SResources (DNR)
A conservation agency in charge of
state parks, beaches, preserves and
1 wildlife. Duties include protection of
state lands, such as submerged
Dept. of Community sovereign lands; advising the state
Affairs (DCA) ,j B Cabinet on state land sales, S
A planning agency responsible for purchases and leases; marine
growth management and appropriate fisheries and patrol; coastal
land uses throughout the state. construction; beach erosion; oil, gas
Duties include review of large oration ; aquatic weed control.n n
development plans, called exploration; aquatic weed control.
Developments of Regional Impact; The DNR's regulatory interest is
review of local government planning often from the perspective of a
documents; regulation of planning in landowner; it represents the state in
enial "Aras of Critioal Staten g deciding whether people can use
special 'Areas of Critical State sovereign landsfordevelopment. a K
irS11Bt^Py^^i^rlRyg^^^^flb J ^PL











Since 1972, Florida has passed -



a series of laws to erect a barrier AO


developers must get over Game and Fresh Water
Fish Commission (GFWFC)
A constitutionally established agency
WIT" ro lo"1-! that manages, regulates and
protects freshwater fish and wildlife. _
before they can start the bulldozers; Saltwater resources are regulated by
a separate agency, the Marine Environmental Efficiency
Fisheries Commission. Study Commission
To make it easier for developers to
open the gate, the commission
now a study commission favors giving water management
Districts numerous authorities now
Kr X1k- ^ K, held by the DER, including control [
.*,., ^ g Slover storm water, dredge and fill,
wetlands, landfills and possibly i
water reuse and sewage and
is seekingtoinstall a gate iona lannintrial plant dischargest also
i Councils (RPC) would give WMDs some duties now
councils (RPC) ________held by the DNR, including mining in
SI 1 Planning agencies that review state wetlands.
Time art JACK BARR development that affects an entire
labeled "efficiency." region. There are 11 in the state,
and the members generally

include preparation of
comprehensive regional plans, and .
review of local government actions
for conformance; special long-range
studies; review of large-scale .








after more than a dadee of tough lawmakingment To developers, efficiency means more than quick
is taking a different turn. In 1987, the talk is regulatory response. It means making it easier to get
not of effectiveness but of efficiency, and its friends are permission to strip, chop, level, smooth, pave and
developers., build.
While efficiency may seem to connote good govern- In a state surrounded by the sea and sitting on top
ment, it is a beguiling term when linked with the of its drinking water, a state with 8-million new people
environment. This year, as the appointed Environmen- in the past three decades and 12-million acres of
tal Efficiency Study Commission looks at ways to cleansing swampland devoured in the past century,
streamline environmental management, its supporters efficiency indeed seems a curious type of environmen-
include many who profit by chipping away at pristine tal movement.
lands. If it is to be labeled as such, then its direction






should also be noted. It is tackw,; movement.
"Our job is to try to i prove ; ilty system in such
a way that we do not dii iial.i the ability to protect the
environment," says commission chairman Jay Landers,
a Tallahassee attorney who has run two state regulato- Commissioners say such consolidation also holds the
ry agencies and now works the other side, represent- promise of making one regulatory agency better plan and
ing developers. "The problem is that you can have protect lakes bays and rivers
checks and balances endlessly, but if you do, you're protect lakes, bays and rivers.
checks and balances endlessly, but if you do, you're So far, the commission has suggested that the DER
never going to improve the system. You have to make relinquish almost all of its water protection authority,
choices. relinquish almost all of its water protection
"My experience in watching the commission is that nclu m water (insuring that new developments don't
nobody knows really what the solution is," says Laurie r Storm flow o t heir property, thus washing ground
Macdonald, past chairwoman of the Florida Sierra pllutants into flownearby lakes other riverty, thus washi.
Club's conservation committee. "And we're really pollutants into nearby lakes or rivers).gging or filling of
questioning a lot. There's strong concern that the Dredge and fill (prohibiting digging or filling of
intent is to streamline permitting, not to make ourswamps, lakes, rivers or bays unless the project passes a
intent is to streamline permitting, not to make our stringent public interest test, and then requiring appropri-
environment better protected while insuring the rights stringent public interest test, and thenrequiring
of development." ate replacement for the damaged area).
of development. Mining and mineral exploration (protecting lakes
"Rather than trying to smooth out the rough and swamps).
edges, (the commission's) approach is like taking a It is considering other transfers, after mor study,
meat ax to the system," says Tom Gardner, executive including regulation of:
director of the Department of Natural Resources i Sewage and industrial plant discharges (insuring
(DNR), one of the affected agencies, tht sewage and industrial waste water is treated ade-
Because Florida, in its rocketing climb up the quately and is not harming lakes and bays or ground water
population charts, has grown in disharmony with the when it is dumped).
natural surroundings, the rules by which developers Water reuse (assuring that highly treated waste
must live are becoming increasingly complex. water is not a threat to public health).
Since 1972, when the Legislature created manage- The water management districts, in turn, would
ment districts for water resources and a detailed develop policies and standards with the help of the DER;
process for deciding whether major developments are but those rules might vary from one district to another.
acceptable, the state has repeatedly strengthened its No big surprise
ability to protect the environment.
The Environmental Reorganization Act of 1975 Given the makeup of the 15-member commission, it
was perhaps the most significant of those efforts should come as no particular surprise that it has favored
restructuring land management and regulatory func the water districts. The three most recent appointees all
restructuring land management and regulatory func- have direct and long-standing ties to the districts (two of
tions and creating the Department of Environmental them testified long-standing ties to the districts (two of
Regulation (DER) as the primary agency on ecology. members). Six others are either engineers or develop-
In the decade that followed, as the DER and other members). Six others r eithr nginrs o r develop
state agencies have matured, their responsibilities more of an engineering base than the biologically o ee
have expanded, and they have developed rules to meetf an base tan the biology y oriented
the demands of regulation. With those expanded duties The shift to district control has some troubling
came added layers of bureaucracy.The shift to district control has some troubling
As those layers began to overlap and frustrate implications:
builders, eunt evlo It clearly would fragment state environmental
builders, the influential development lobby took, its policy, even with DER oversight, by turning management j
complaint to the Legislature. Hence, the Environmen-po even it oersit by tr
tal Efficiency Act of 1986. over to five separate boards appointed by the governor.
The act created an unlikely set of reformers: the p It would provide developers with the local, one-stop
Environmental Efficiency Study Commission, a collec- permit process they so often abused in the past; pressure
ion ental Eiciency Study Comission, a oeand manipulation of local zoning and building officials
tion of engineers, developers, attorneys and planners. helped create today's statewide land-planning oversight.
They have spent 15 months trying to unravel theheledreatta statewide land-lanninvr
They have spent 15 months trying to unravel the t It would afford lawmakers an all-too-tempting way
duplication and overlap the laws have produced. Their to pass the buck literally on the environment. The
work is a month from completion. districts, which have property taxing authority, might
The mission, quite simply, is to eliminate costly then be seen as tax collectors and not regulators. Their
duplication. In a system of regulation that spans at pressures might be from taxpayers and not environmen-
least eight state agencies, however, commissioners talists or developers.
soon found there were no simple answers. So, early in It's not clear whether district control would truly
their search, efficiency began to take on a mightier produce efficiency. The state is, after all, accountable for
character. Efficiency became reorganization. its natural resources. It is assigned certain responsibilities
from the federal government, under the Clean Water Act.
"This whole process is much like an ecosystem," For consistency, it would have to maintain the Envi-
says David Gluckman, an environmental lawyer who ronmental Regulatory Commission, an appointed state-
serves as commission vice chairman. "If you touch one wide agency, to develop rules and judge the work of the
side of it, you affect the whole thing." districts. So the only substantial savings would be to
Touching one side has led the commission to developers, who would have one less permit application to
consider some significant shifts in responsibility from file.
the state to local water management districts. That is a point that drives at the heart of the
Efficiency Commission's mission. It was formed to address
The intent is to consolidate the regulation of all complaints by the development industry, and throughout
water resources, putting the five water management its work it has used one consistent mode of shorthand.
districts in charge, so that developers will have but one When it talks or writes of "problems," it means develop-
agency to ask for permits. mentproblems.












arsenal of regulatory laws, it has not equipped the agen-
cies with the necessary people to carry the weapons.
Therefore, most of the manpower goes into issuing
permits, and enforcement is forgotten.
An agency may spend months or even years with a
developer trying to insure an intrusion into wetlands is
properly controlled, but then never check to see if its
directions are followed. In the DER's 13-county southwest
district, dredge and fill work is enforced by two people.
The "problem" is that builders, who in the past were "I get killed by my clients when I say this, but
conditioned to a smiling nod from the town building sometimes the work is over once they get the permit,"
official, must now ask a variety of local, regional and state says Robin Lewis, president of Mangrove Systems in
agencies when their construction might impose on the Tampa, which restores wetlands. "They could care less
environment. whether the mitigation works."
To be sure, the permitting process can seem like a The commission members agree that the lack of
maze, and overlap between agencies is real and frus- enforcement and high employee turnover cripple the
treating. But does overlap really mean duplication? Consid- regulatory system and contribute to inefficiency. But they
er three trouble areas cited in the commission's latest have spent the larger share of their time with reorganiza-
report: tion instead.
Both the DER and the DNR must approve digging Only in the past two months have they seriously
and filling in certain lakes, rivers, bays or swamplands. "In discussed recommendations to strengthen enforcement
some cases, the DER has recommended approval of an and promote professionalism and stability in the state
activity and the DNR has recommended denial," notes the agencies. Because those recommendations will require
report. But that reflects precisely the two agencies' money, they are likely to be greeted with skepticism by a
prerogatives and the responsibilities. The DER is the Legislature that was anticipating "efficiency" instead.
police agent, preventing the digging from disrupting Te wrong issue
natural wetlands systems or harming marine life. The w is
DNR, on the other hand, represents the state as owner of Stacked against the environmental pressures caused
those waters; the DNR is the trustee and must decide in a state that adds 893 people, 94,560 gallons of sewage
whether allowing intrusion on public land is in the public and 3,546 pounds of garbage each day, efficiency of
interest, regulation hardly seems the most pertinent issue.
SBoth the DER and the DNR assess beach resto- In the past century, more than half this state's vital
Bt t R h wetlands have been bulldozed by development. Agricultur-
ration projects. But, again, their approaches are entirely awelands are becoming cities at a rate of 1.6-miUltr
different. The DER is a water-quality agency, seeing that over the past a ecade. Lakes and bays are choking
the replacement sand won't pollute the water. The DNR over the past decade. Lakes and bays are choking, with 80
k lands at rop percent of the sea grasses in Tampa Bay lost. A film of
makes certain that sovereign lands are treated properly algae spreads each summer over Lake Okeechobee.
and that renourishment does not damage other beach Two-thirds of the 60,000 underground fueoe
The DER, the DNR and the water districts review tanks in the state are susceptible to leaking. More than
"m Te D e and e water districts review 400 sites with confirmed groundwater contamination have
some mining projects in swamps and lakes. The depart- been found. The pesticide EDB has been found in 1,300
ments, again, have different missions. The DNR requires drinking wells. Of 200 commissioned land i 1,
permits and reclamation plans for all phosphate mining. suspected of causing groundwater pollution,
But when the mining takes place in bodies of water, either sus te t e cs gr n dt w ahe po.
the DER or the water districts make sure it doesn't Meanwhile, the development industry and the econo-
pollute. Although the phosphate industry has complained myy s t whacontinuet tothis new round of environ-thrive.
of the overlap, less than 5 percent of the mined lands since mental debate is all about. This is not a question of
1975 have required examination by both departments, effective management, but of political clout. The com-
This is not to imply that the system is without flaws plaints from the development industry are not so much
or duplication, only that legitimate and compelling reasons about the number of traffic lights through which they must
often do exist for multi-agency review. It also points drive, but the color of each one. They aren't necessarily
toward what is perhaps a more fundamental problem in driv but the color eh one. They aren't necessarily
the lack of efficiency in environmental regulation. Ineffi- That's why the work of this commission has failed.
ciency is not so much the result of the number of Where the Reorganization Act of 1975 sought to central-
regulatory reviews as of the quality of each review. ize and strengthen, the Efficiency Act of 1986 sought to
Although environmental protection has broad popular disperse and dilute. It went looking for easy answers when
support in Florida, regulatory agencies are treated like none existed. And it went forward with a directive that in
unwanted stepchildren. The starting salary for an environ- itself was misdirected.
mental specialist in the DER is $19,000, and the turnover In Florida, where the panther struggles as man
rate was 35 percent between 1983 and 1985. thrives, overlap in regulation is not the problem. The
While the Legislature has continued to expand the threat to this state lies in the gaps.


Jon East is an editorial writer for the St. Petersburg
Times. .






;: FRIENDS

1000
FLORIDA




December 15, 1987


Dear Friend of Florida,

1000 FRIENDS OF FLORIDA is thriving, growing and eager to be involved
in helping to plan the future of Florida. Our Board of Directors is actively
focusing on precedential land-use cases and important comprehensive plans
that will have an impact on our state. Fund raising is progressing well, spurred
by a foundation challenge grant, the Founding Friends program and our initial
general membership. I would like to recap our recent activities, alert you to
several upcoming events and most of all, invite you to become a part of 1000
FRIENDS.
Our First Year

1000 FRIENDS was incorporated in September of 1986. The initial
organizational stage was supported by the Southern Legal Counsel in
Gainesville, Florida. Al Hadeed, Executive Director of the Counsel, solicited
funds from the Ordway-Dunn Foundation to assist the original Board of
Directors. The founding directors were Nathaniel Reed, Reubin Askew, Buddy
MacKay, John DeGrove, Earl Starnes and Carl Feiss. Last winter, the original
Board voted to expand and now consists of the members listed on our letterhead
and described in our brochure. This list is current with the exception of Frank
Mann, who has resigned to run for Secretary of State. The Board represents
many of the diversified interests that make growth management decisions
every day in Florida. They grapple with issues, debate, work to form a
consensus and then move deliberately as a unified Board to play a constructive
role in the planning and permitting processes.

The spring brought more intensified fund-raising and consultation with
business, environmental, and professional organizations that are similarly
involved with the emerging integrated state, regional and local planning
process. The highlight of summer was the 1000 FRIENDS' First Legislative
Reception held June 2, 1987 on the 22nd Floor of the Capitol Building. 1000
FRIENDS received a resolution of recognition from the Governor and Cabinet
and President Nathaniel Reed presented a "Special Friend" Appreciation
Certificate to Bob Martinez, Governor of Florida; Jon Mills, Speaker of the
Florida House of Representatives; and John Vogt, President of the Florida
Senate. Over 200 attendees enjoyed a brief respite from the closing days of the
1987 legislative session and were introduced to our organization.




POST OFFICE BOX 5948 TA LA H ASSE FLORIDA 32314 904-222-6277
A corp;oratin tot t(1 p", t









The input we received, including constructive criticism from our friends and
veiled threats from the less enthusiastic, allowed us to develop a fifteen month
work program which will last through the 1988 calendar year. Sound growth
management is our goal. We will monitor the Legislature to be sure that the
State Comprehensive Plan and existing growth management legislation is
supported by commitment and funds. We will monitor state and regional
agencies to be sure they abide by the State and Regional Planning Act. The
state review of 452 local comprehensive plans will begin in 1988 followed by
land development regulations (i.e., zoning) which will outline the future face
of Florida. 1000 FRIENDS will target key issues and plans, especially those at
the beginning of the process, to help lay a sound administrative and legal
framework for the remaining four-year implementation period.

1000 FRIENDS' by-laws include criteria for Board consideration of
involvement in specific legal cases: statewide significance; impact on growth
management; need for expertise; available resources; and likelihood of success.
1000 FRIENDS will seek to assist citizens' groups, file Friend of the Court
(Amicus Curiae) briefs, and when possible promote alternative dispute
resolution approaches to save all parties time and money while securing results
in the public interest. Remaining time and resources will be spent on creative
technical assistance efforts to governments, groups and individuals who
traditionally have not been part of growth management.

At the fall 1987 meeting the Board adopted the fifteen-month work
program funded by a 1987-88 budget of $475,000. 1000 FRIENDS has received a
two-year $250,000 challenge grant from the Richard King Mellon Foundation.
The first year's $150,000 has been matched by contributions from other
foundations, Founding Friends ($1,000 lifetime members) and general
membership. The Board adopted an internal operating structure including new
officers: Nathaniel Reed continues as President, Bob Rhodes is the Secretary,
and Jerry Sokolow the Treasurer. An Executive Committee, Litigation
Committee and Finance Committee were formed and a special committee to
guide our Founders Conference was also created. I was honored to be chosen as
the Executive Director. I am joined by two associates, Susanne Hesse Cusick and
Vivian Buchwald.

Specific Activities

1000 FRIENDS has initiated specific actions this year and has experienced
a substantial success. In March, the Board responded to a request for assistance
from Attorney General Bob Butterworth to assist in the case of Mobil Oil vs.
State of Florida. This case posed several precedential legal issues concerning
the ownership of lakes and streams throughout the state. Even after the
favorable Florida Supreme Court decision in 1986 on the Marketable Records
Title Act, the State had tremendous resources at risk. 1000 FRIENDS obtained
the pro bono services of a noted, well-versed attorney, Parker Thomson, to
provide support to the Attorney General. After months of extensive trial
preparation the case headed for a jury trial in Polk county on November 3, 1987.



2










Hectic deliberations took place between the parties as settlement options were
discussed. On the day before the trial, President Reed of 1000 FRIENDS was
summoned to Tallahassee to act as an intermediary and negotiator. Working
with Parker Thomson, by then a special Attorney General, President Reed
helped persuade the Governor and Cabinet to accept a settlement ultimately
more beneficial to the State than could have been gained through a trial
victory. The final settlement secured the State extensive uplands adjacent to
the Peace River and was free of any unfavorable precedents concerning public
ownership of similar waterbodies. An expensive trial was avoided and a
solution acceptable to private needs and the State's interest was molded
through the hard work of many including 1000 FRIENDS into a win/win
situation for all.

The Board of Directors of 1000 FRIENDS also became aware of the growth
management issues occurring in Alachua County's Cross Creek. Alachua County
adopted a Special Area Plan in 1985 for this unique place in Florida's history
and natural ecology. As the location of author Marjorie Kinnan Rawling's home
and a large nesting area for American bald eagles, the Cross Creek area is fast
becoming the "Gettysburg" of Florida planning. A number of Cross Creek
landowners, represented by the Southeastern Legal Foundation from Atlanta,
Georgia, filed a complaint challenging the legal authority of Alachua County
to plan for this special place. The Legal Foundation's expansive challenge
attacked several fundamental principles in Florida's emerging growth
management law. The Board believes it is critically important that the trial
judge be fully briefed on the scope of these issues. We have obtained the pro
bono counsel of Joseph Z. Fleming of Miami to file an Amicus Curiae (Friend of
the Court) brief prior to the trial scheduled in February 1988.

The Board is also monitoring several cases that address citizen standing and
the legal status of comprehensive plans. If these cases reach the Florida
Supreme Court, the Board will consider the proper involvement for 1000
FRIENDS. The Board is watching legal and legislative activities at the
Federal level concerning Florida's rights to influence the United States
Department of Interior's oil and gas drilling activities offshore Florida's coast.
1000 FRIENDS is joining many members of our Congressional delegation and
numerous groups and individuals in indicating opposition to current Federal
plans to lease large areas offshore Apalachicola Bay, the Everglades, and the
Florida Keys.

Extensive legal proceedings similar to Mobil and Cross Creek require
experienced legal counsel. 1000 FRIENDS will be establishing a cooperative
attorneys' program to create a network of committed legal experts who can
assist the Board in key cases. Please notify our Tallahassee office if you or an
attorney you know wants to participate in this program.

In April 1988, Brevard County and the fifteen municipalities within the
County will submit their draft local comprehensive plans to the Florida
Department of Community Affairs for review. This review is the beginning of a
four-year process of evaluation of local plans and land development regulations



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