Title: Memorandum to SWFWMD from Staff Attorney re Reorganization Bill
CITATION PAGE IMAGE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00052274/00001
 Material Information
Title: Memorandum to SWFWMD from Staff Attorney re Reorganization Bill
Alternate Title: Memorandum to SWFWMD from Staff Attorney re Reorganization Bill CS/SB 123, and its effect on WMDs, and enclosing Journal of the Florida Senate, May 19, 1975, pp. 325-334.
Physical Description: 12p.
Language: English
Publication Date: June 3, 1975
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 4, Folder 10 ( SF - ENVIRONMENTAL REORGANIZATION ACT OF 1975. FLORIDA. ), Item 6
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052274
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






Jun 3, 1975

"ANDUM


TO: DONALD R. FEASTER, EXECUTIVE DIRECTOR

S FROM: JAY T. AHERN, STAFF ATTORNEY

RE: Reorganization Bil CS/SB 123


At your request I will explain the effect of the new law upon the water
management districts.

The water management districts are removed from the Department of Natural
Resources and placed under the newly created Department of Environmental
Regulation or DER. The DER will be headed by a person identified as the
Secretary who is appointed by the Governor and confirmed by the Senate.
You are to note that although the water management districts are placed
under DER, only the Governor and Cabinet sitting as the Land and Water
Adjudicatory Commission has exclusive power by a vote of four members of
the Land and Water Adjudicatory Commission to review, rescind or modify
any rule or order of the Districts. Any request to review a District
rule or order can be initiated by the Governor and Cabinet, the Secretary
of DER, the Environmental Regulation Commission composed of seven members
appointed by the Governor and confirmed by the Senate with one or two
members to be from each water management district, or by any interested
party aggrieved by the rule or order. The request for review is started
by filing it with the Land and Water Adjudicatory Commission and a copy
on the water management district.

All powers, duties and functions of DNR as to permits, licenses and exemp-
tions and over Bureau of Water Resources are transferred to the DER.

Finally, the reorganization law directs the environmental districts
created by the law to be colocated with the water management districts
and have same boundaries whenever practical. Also, the environmental
districts shall be headed by a manager appointed by the Secretary. In
addition, the Secretary can delegate or contract to the water management
districts, which have the financial and technical assistance, some or all
of the environmental districts duties and functions.

In summary, the water management districts are responsible only to the
Land and Water Adjudicatory Commission through the DER. The Secretary
of DER is the ministerial agent for processing matters to the Commission.
Also, the Secretary could delegate or contract the environmental duties
to the water management districts which can financially and technically
handle it.

JTA:ld- 1 d-













F ;, 7 2: 0' "Monday, May -19, 1975


"The Senate was called to order by the President at 2:00 p.m. The Committee on Rules and Calendar recommends that the
A quorum present-40: following bills be placed on Special Order for Monday, May
19, 1975:
Mr. President, Graham -ti Myers Stolzenburg HB 2100 SB 90 SB 81 SB 265
Brantley Hair r i Peterson Thomas, J. SB 791 SB 607 SB 16 SB 259
Childers, D. Henderson Plante Thomas, P. SB 294 SB 344 SB .67 SB 302
Childers, W. D. Holloway Poston Tobiassen SB 505 SB 191 SB 581 SB 430
Deeb Johnston Rcnick Trask
Dunn Lane, D. Saunders Vogt Respectfully submitted,
Firestone Lane, J. Sayler Ware Lew Brantly, Chairman
Gallen Lewis Scarborough Wilson
Glisson MacKay Sims Winn MESSAGES FROM THE HOUSE OF REPRESENTATIVES
Gordon McClain Spicola Zinkil
The Honorable Dempsey J. Barren, President May 19, 1975
Prayer written by Senator Holloway and delivered by the I am directed to inform the Senate that the House of Repre-
Senate Chaplain: sentatives has accepted the Conference Committee Report as
We thank you for our many rights, our many freedoms, our an entirety and passed CS for CS for SB 123 as amended by
many privileges, and for the abundance of daily help which the Conference Committee Report.
we receive from thee; Allen Morris, Clerk
We thank you for this senate and for its members who
unselfishly give of their time and talents in the continuance By direction of the President the following Conference Com-
of the work of this great state and of its concern for the mittee Report was read:
preservation of these, your gifts, which we receive from you.
CONFERENCE COMMITTEE REPORT ON CS FOR CS FOR
Please give us the strength, the wisdom, the knowledge and SB 123
the ability to carry the principles of freedom and concern for
the. existence of mankind today in a manner which will be The Honorable Dempsey J. Barren
acceptable in your sight. President of the Senate
Please bless us and keep us and cause your grace to shine The Honorable Donald L. Tucker
upon us and continue to instill in us the need for your daily Speaker, House of Representatives
help. Amen.
Sirs:
The Senate pledged allegiance to the flag of the United Your conference committee on the disagreeing votes of the
States of America. two houses on CS/CS/SB 123, same being:
An act relating to environmental reorganization; providing
Senator J. Thomas introduced the "Gulf Kirk Ringers", bell- a declaration of policy; defining terms; creating the Depart-
ringers from the First Presbyterian Church, Naples, who pre- ment of Environmental Regulation; creating five environ-
sented several musical selections for the Senate. mental districts and authority for subdistricts; creating the
Environmental Regulation Commission and review of the de-
REPORTS OF COMMITTEES cisions of the commission by the governor and cabinet; pro-
viding for appeals under chapter 253 to the governor and
The Committee on Health and Rehabilitative Services recom- cabinet; providing for the governor and cabinet to perform
mends the following pass: SB 940 with 1 amendment the duties of the Department of Pollution Control Board
under the Florida Electrical Power Plant Siting Act pro-
The bill was referred to the Committee on Governmental viding for exemption of certain activities from state reg-
Operations under the original reference. ulation; transferring the Department of Pollution Control
to the Department of Environmental Regulation except for
The Committee on Health and Rehabilitative Services recom- certain powers, duties and functions vested n the governor
mends the following pass: SB 1276 and cabinet and relating to open burning; transferring certain
powers, duties and functions of the Department of Health
The bill was referred to the Committee on Ways and Means and Rehabilitative Services to the Department of Environ-
under the original reference. mental Regulation and providing for interagency agreements
with county health units; transterrng certain powers, duties
The Committee on Health and Rehabilitative Services recom- and functions of the Board of Trustees of the Internal Im-
mends the following pass: p rovement Trust Fund to the Department of Environmenta!
mends the following pass: Regulation; transferring certain powers, duties and functinn:s
SB 576 with ten amendments of the Department of Natural Resources to the Department
SB 1149 with two amendments of Environmental Regulation, prescribing certain planning
functions; creating divisions of the Department of Natural
The bills were placed on the calendar. Resources; merging the Board of Trustees of the Internal
Improvement Trust Fund into the Department of Natural
The Committee on Education recommends a Committee Sub- Resources except for certain powers, duties and functions
stitute for the following: SB 509 relating to trademarks, copyrights and patents; transferring
the powers, duties and functions of the Department of Health
The bill with Committee Substitute attached was referred to and Rehabilitative Services relating to shellfish to the De-
the Committee on Ways and Means under the original ref- apartment of Natural Resources; transferring certain powers.
erence. duties and functions of the Department of Natural Re-
sources relating to boat registration to the Department of
The Committee on Education recommends a Committee Sub- Highway Safety and Motor Vehicles; transferring certain
stitute for the following: SB 340 powers, duties and functions of the Bureau of Waterways o0
the Department of Natural Resources to the departmentt of
The Committee on Education recommends a Committee Sub- T'runsport,:ion transferring certain powers, duties and func-
stitute for the following: SB 218 tions of the Division of Interior Resources of the D),pa:rtme:nt
of Natural Resources relating to navigation districts and
The bills with Committee Substitutes attached contained in waterways development to the Department of Transportation;
the foregoing reports were placed on the calendar, transferring the Canal Authority of Florida to the Depart-
325








326 JOURNAL OF THE SENATE May 19, 1975

ment of Transportation; abolishing the Coastal Coordinating (6) "Secretary" means the secretary of the Department
Council and reassigning its powers, duties, staff and functions of Environmental Regulation.
to the Division of Resource Management of the Department
of Natural Resources; providing authority for the alignment (7) "Subdistrict" means a geographical area, the boundaries
of units and functions of the Department of Environmental of which. may be established as a part of a district.
Regulation and the Department of Natural Resources below
the division level; requiring reports to the legislature; pro- (8) "Channel" is a trench, the bottom of which is normally
viding for cooperation among affected agencies; providing covered entirely by water, with the upper edges of its sids
for nonabrogation of rules and legal or administrative pro- normally below water.
ceedings; directing the Division of Statutory Revision and (9) "Canal" is a man-made trench, the bottom of which
Indexing to perform certain tasks; repealing s.20.25(17), is normally covered by water with the upper edges of its
Florida Statutes, relating to the functions of Game and Fresh sides normally above water.
Water Fish Commission; repealing s.20.26, Florida Statutes,
relating to the creation of the Department of Pollution Con- (10) "Drainage ditch and/or irrigation ditch" is a man-
trol; repealing s.253.136, Florida Statutes, relating to the made trench dug for the purpose of draining water from the
rules for permitting procedures of the Board of Trustees of land or for transporting water for use on the land and is not
the Internal Improvement Trust Fund; repealing s.253.122, built for navigational purposes.
Florida Statutes, relating to the fixing of bulkhead; repeal-
ing s.20.77, Florida Statutes, 1974 Supplement, relating to (11) "Swale" is a man-made trench which only contains
the creation and renaming of the Board of Trustees of the contiguo-s areas of standing or flowing water following the
Internal Improvement Trust Fund; providing for severability; occurrence of rainfall or flooding.'
providing an effective date..
providing aneffectivedate.(12) "Standard" means any rule of the Department of
having met, and after full and free conference, do recommend Environmental Regulation relating to air and water quality,
to their respective Houses as follows: noise, and solid waste management. The term "standard" does
Snot include rules of the department' which relate exclusively
1. That the House of Representatives recede from Amend- to the internal management of the department, the procedural
,ments Number 1 and Number 2; processing of applications, the administration of rule maki::-
2. That the Senate and House of Representatives adopt the or adjudicatory proceedings, the publication of notices, the con-
Conference Committee amendments attached hereto, and duct of hearings, or other procedural matters.
by reference made a part of this report; and Section 4. Department of Environmental Regulation.-There
3. That'the Senate and House of Representatives pass the is created a Department of Environmental Regulation.
Committee Substitute for Committee Substitute for Senate (1) The head of the department is the secretary of en-
Bill 123, as amended by the attached Conference Commit- vironmental regulation; who shall be appointed by the governor
tee amendments, subject to confirmation by the senate. The secretary shall serve
Philip D. Lewis W. E. Fulford, at the pleasure of the governor.
W. D. Childers Elaina Bloom (2) There shall be an assistant secretary appointed by and
Kuy Spicola A. 'U. -Craig serving at the pleasure of the secretary.
Jon C. Thomas t f (Gene Hodges servi a p s of th s
John C. Voat- .' $ e. IoCturtis Kiso r (3) The following divisions of the Department of Environ-
S,. .. 'I '[ i, mental Regulation are established:
MSenates o thepit Managers on the part of the (a) Division of Administrative Services;
It ( i. (b) Division of Environmental Programs; and
IP / 'I, Conference Commnttee Amendment 1-Strike everything after (e) Division of Environmental Permitting.
"the enacting clause and insert: Section 1. Short title.-This act (4) There shall be a manager for each environmentaldis-
S shall be known and may be cited as the Florida Environmental trict who shall be appointed by and serve at the pleasure of
Reorganization Act of 1975.trict who shall be appointed by and serve at the pleasure f
Reorganization Act of 1975. the secretary. The manager shall maintain his office in the
environmental district center, which shall be collocated with
Section 2. Declaration of policy.-Reasserting the policy of the office of a water management district to the maximum
the Governmental Reorganization Act of 1969, as stated in extent practicable.
s.20.02, Florida Statutes, that structural reorganization should (5) The secretary shall establish environmental districts.
be a continuing process, and recognizing that 6 years have The environmental districts shall be collocated with the wa: r
passed since the 1969 reorganization, it is the intent of the management districts to the maximum extent practicable. The
legislature to promote the efficient, effective and economical secretary shall have the authority to adjust the environmental
operation of certain environmental agencies by centralizing district boundaries to best serve the purposes of this act.
authority over and pinpointing responsibility for the manage-
ment of the environment, by authorizing the delegation of sub- (6) The secretary may establish subdistricts with one branch
stantial decision-making authority to the district level, and by office in each, for the purpose of making services more ac-
consolidating compatible administrative, planning, permitting, cessible to the citizens of each district.
enforcement and operational activities. Further, it is the intent (7) There is created as a part of the Department of En-
of this act to promote proper administration of Florida's land- vironmental Regulation an Environmental Regulation Corn-
mark environmental laws. mission. The commission shall be composed of seven citizens
PART I of this state appointed by the governor, subject to confirma-
Ation by the senate. The commission shall include one, but not
Section 3. When used in this act the term, phrase or word: more than two, member from each water management district
who has resided in the district for at least 1 year and the
(1) "Commission" means the Environmental Regulation Corn- remainder from the state at large. Membership shall be repre-
mission. tentative of but not limited to interested groups including
agriculture, real estate, environmentalists, the construction in-
(2) "Department" means the Department of Environmental dustry and lay citizens. The governor shall appoint the chair-
Regulation. man, and the vice chairman shall be elected from among the
(3) "Environmental district center" means the facilities and membership. Four members shall be appointed on July 1, 1975,
centralize c district fe the pe for terms ending July 1, 1979; three meminl:ers shall he ap-
personnel which arc centralized in each district for the pur- pointed on July 1, 1975, for terms ending on July 1, 1977. All
poses of carrying out the provisions of this act. appointments thereafter shall be for 4-year terms. The gover-;r
(4) "District" or "environmental district" means one of the may at any time fill vacancies for the unexpired term. lThe
geographical areas, the boundaries of which are established members of the commission shall serve without compelnsi ion
pursuant to this act. but shall be paid travel and per dicm as provided in s.lli.';1l.
Florida Statutes, while in the performance of their official
(5) "Manager" means the head of an environmental district duties. Administrative personnel and other support scrvice:s
who shall supervise all environmental functions of the depart- necessary for the commission shall be furnished by the depar"t-
ment within such environmental district. mont.











May 19, 1975 JOURNAL OF THE SENATE 327

Section 5. (1) The governor and cabinet sitting as the to part II, chapter 403, Florida Statutes, and processing of those
Board of Trustees of the Internal Improvement Trust Fund other classifications of permits, licenses, and certificates which
and as the owners of state lands are vested with the authority th: secretary may designate. The division shall also establish
to hear and decide appeals of department decisions under uniform procedures and forms for the orderly determination of
chapter 253, Florida Statutes. Such notice of appeal shall be decisions relating to permits, licenses, certificates, and exemp-
filed with the governor and cabinet within 15 days of such tions. The division shall provide the necessary technical and
decision. The hearing shall be appellate in nature; however, legal support to carry out enforcement functions of the depart-
the governor and cabinet may, at their discretion, take addi- ment. The division shall supervise and direct all district op-
tional testimony. Such hearings shall be completed and a de- rations.
cision rendered within 60 days of receipt of the appeal. Hearings
shall be in accordance with provisions of chapter 120, Florida (5)(a) Duties of the environmental district centers.-
Statutes. Under the supervision of the Division of Environmental Per-
(2) The governor and cabinet shall perform the duties now emitting all field services and inspections required in support of
vested in the Pollution Control Board of the Department of the decisions of the department relating to the issuance of
Pollution Control, pursuant to the Florida Electrical Power permits, licenses, certificates, or exemptions shall be accoin-
Plant Siting Act, sections 403.509, 403.511, 403.512 and 403.513, polished at the environmental district center level to the maxi-
Florida Statutes. For the purposes of this subsection the gov- mum extent practicable.
ernor shall perform the duties of the chairman of the Pollution
Control Board, as defined in section 403.511 Florida Statutes. (b) The processing of all applications for permits, licenses,
Control Board, as defined in section 403.511, Florida Statutes. certificates, and exemptions shall be accomplished at the dis-
Section 6. Duties of the Department of Environmental Regu- trict center, except for those applications specifically assigned
lation.- to the Division of Environmental Permitting and those appli-
cations assigned by interagency agreement as provided in this
(1) Duties of the commission.- act.
(a) The commission shall exercise the exclusive standard- (c) When the secretary determines that a water manage-
setting authority of the department, except as provided in ment district has the financial and technical capability to
s.6(1)(b) and s.ll of this act. The commission shall also act carry out water quality and other functions of the department.
as an adjudicatory body for final actions taken by the depart- those powers, duties, and functions or parts thereof, may be
ment, except for those appeals and decisions authorized in contracted or delegated to such water management district.
s.5 of this act. This may include but shall not be limited to planning, regula-
tion and permitting of point sources and nonpoint sources ot
(b) The commission shall direct the department to have a portion, and other field services. Any pon utien s and un
study conducted of the economic and environmental impact lution, and other field services. Any powers, duties andunc-
whistudy conducted of the benefits and costs to the public of any ct tions so delegated shall be carried out in accordance with the
which sets forth the benefits and costs to the public of any r,!ues, regulations and standards of the department, and shall
proposed standard that would be stricter or more stringent follow the uniform procedures and forms established by th.e
than one which has been set by federal agencies pursuant to Division of Environmental Permitting. Nothing contained i
federal law or regulation. The commission shall also direct the this act shall be construed to adversely affect or divest anh
department to prepare such a study on any standard existing water management district of the power to levy ad valorems
on the effective date of this act which sets a stricter or morew
stringent standard than one which has been set by federal taxes.
agencies pursuant to federal law or regulation; all such studies Section 7. (1) The secretary is authorized to adopt pro-
shall be submitted to the governor and cabinet no later than cedural rules providing for a short form application and is-
March 1, 1976. Such studies as are provided for in this para- suance at the district center of permits for certain activities.
graph shall be submitted to the commission, who shall initially These activities shall include the following and any others es-
adopt the standards. Final action shall be by the governor and tablished by rule under the Administrative Procedure Act:
cabinet, who shall accept, reject, modify or remand for further
proceedings the standard within 60 days from the submission. (a) Projects not exceeding 4,000 cubic yards of material
Such review shall be appellate in nature. Hearings shall be placed in or removed from the navigable waters of the state;
in accordance with the provisions of chapter 120, Florida Stat-
utes. (b) Dockage or marina facilities not exceeding 20,000
square feet of submerged lands;
(c) The Commission shall have final state approval on ap-
plications for and disbursements of federal grants. (c) New seawalls or similar structures not exceeding 300
linear feet of shoreline;
(2) Duties of the secretary.-In addition to those powers
and and duties of heads of departments set forth in chapter (d) The installation of buoys, signs, fences, ski ramps, and
20, Florida Statutes, the secretary shall employ legal counsel aids to navigation;
to represent the department in matters affecting the depart-
ment. Except for appeals on permits specifically assigned by (e) The installation of subaqueous transmission and distri-
this act to the governor and cabinet, and unless otherwise pro- bution lines laid on, or embedded in, the bottoms of waters of
hibited by law, the secretary may delegate the authority as- the state carrying water, electricity, communication cables, o'
signed to the department by this act to the district managers; and gas; and
provided, for projects qualifying as developments of regional
impact pursuant to chapter 380, Florida Statutes, and chapter (f) The performance for 10 years from the issuance of th.
22F-2, Florida Administrative Code, the secretary and the original permit of maintenance dredging of permitted navi
Tallahassee office shall perform all the duties relating to the nation channels, port harbors, turning basins and harbi
granting, modification or denial of permits under chapter 253 berths. The Trustees of the Internal Improvement Trust Fu,.i
and 403, Florida Statutes, subject .to sections 5 and 6(1) of may fix and recover from the permitted an amount equal tli
this act. the difference between the fair market value and the acti':
cost of the maintenance dredging for material removed during
(3) Duties of the divisions.- such maintenance dredging. Provided, however, no charge shIi
be exacted by the state for material removed during si,'
(a) The Division of Administrative Services shall perform maintenance dredging by a public port authority. The reinovi
duties including but not limited to personnel, fiscal, purchasing, party may subsequently sell such material, provided that pIr
education and information. 'eeds from such sale that exceed the costs of maintenan,
(dredging shall be remitted to the state and deposited in th.
(b) The Division of Environmental Programs shall perform Internal Improvement Trust Fund.
duties including but not limited to administration, coordination,
and supervision of programs relating to planning, grants, air (2) No permit under chapters 373, 403, or 253, Florid
quality, water quality and quantity, noise and solid waste man- Statutes, shall be required for activities associated with thU
agement. following types of projects; however, nothing in this subsc,
tion shall relieve an applicant from complying with applli:}'.
(4) The Division of Environmental Permitting shall per- local pollution control programs authorized under chapter
form duties including but not limited to the following: process- Florida Statutes, or other requirements of county and munici.
ing of applications for power plant sitd certifications pursuant governments:








328 JOURNAL OF THE SENATE May 19, 1975

(a) The installation of overhead transmission lines, with (a) Inspection of interstate common carrier water facilities;
the support structures not constructed in waters of the state and
and which do not create a navigational hazard;
(b) The installation of mooring pilings and dolphins as- (b) Services relating to public swimming pools and bathing
sociated with private docking facilities, and the installation of places.
private docks of 500 square feet or less of over-water surface
area constructed on pilings so as not to substantially impede (2) With respect to public water supply and sewage treat-
the flow or create a navigational hazard, and involving no ent and disposal facilities, the functions of the department
te flow or cr with regard to construction, operation and expansion per-
fillin g ; .
mitting, monitoring and surveillance, and enforcement where
(c) The installation of boat ramps on artificial bodies of applicable, shall be conducted by the Division of Health or
water where navigational access to the proposed ramp exists; county health unit under interagency agreements delegating
functions to said Division of Health or county health unit, to
(d) The replacement or repair of existing docks, provided be performed on behalf of the department. Plan review and
that no fill material is to be used, and provided that the re- approval with respect to these functions shall be delegated to
placement or repaired dock is in the same location and of the those county health units that are determined by the depart-
same configuration and dimensions as the dock being replaced ment to be capable of performing this function, provided
or repaired; that same is conducted pursuant to uniform rules and regula-
tions or standards of the department. The interaency aree-
(e) Seawalls restored at their previous location or upland ment shall include provisions regarding he acquisition, f
of, or with 1 foot waterward of their previous location; use and analysis of data. Plan review and acquisition low,
use and analysis of data. Plan review and allpproval relating to
(f) The performance for 10 years from the issuance of the major public waterworks or sewage treatment and disposal
original permit granted prior to July 1, 1975, of maintenance projects of a regional nature, may be performed directly by
dredging of existing man-made canals, channels and intake and the department, if it is determined that same may facilitate
discharge structures where the spoil material is to be removed the processing and obtaining of any federal funding available
and deposited on a self-contained, upland spoil site which will for such projects. Alternative interagency agreements may
prevent the escape of the spoil material into the waters of the be entered into with county or regional agencies other than
state; provided that no more dredging is to be performed than is county health units in regard to functions other than water
necessary to restore. the canal, channels and intake and dis- supply, where it is determined by the department that said
charge structures to original design specifications. The Trustees agency is capable of performing the function in lieu of a
of the Internal Improvement Trust Fund may fix and recover county health unit.
from the permitted an amount equal to the difference between
the fair market value and the actual cost of the maintenance (3) Nothing in this section shall serve to negate the powers,
dredging for material removed during such maintenance dredg- duties and responsibilities of the secretary of the Department
ing. Provided, however, no charge shall be exacted by the state of Health and Rehabilitative Services relating to the protection
for material removed during such maintenance dredging by a of the public from the spread of communicable disease, epi-
public port authority. The removing party may subsequently demics and plagues.
sell such material, provided that proceeds from such sale that
exceed the costs of maintenance dredging shall be remitted to Section 10. All powers, duties, and functions of the Board of
the state and deposited in the Internal Improvement Trust Fund. Trustees of the Internal Improvement Trust Fund, relating to
the issuance of permits, certificates, licenses', exemptions and
(g) The maintenance of existing dikes and irrigation and enforcement pursuant to chapter 253, Florida Statutes, are
drainage ditches, provided that spoil material is deposited on a transferred by a type four transfer, as defined in s.20.06(4),
self-contained, upland spoil site which will prevent the escape Florida Statutes, to the department.
of the spoil material into waters of the state; provided that no
more dredging is performed than is necessary to restore the Section 11. All powers, duties and functions of the Depart-
dike, or irrigation or drainage ditch to its original design speci- ment of Natural Resources relating to water management as
fications; set forth in chapter 373, Florida Statutes, and chapter 74-114,
Laws of Florida, are transferred by a type four transfer, as
(h) The repair of existing pipes for the purpose of discharg- defined in s.20.06(4), Florida Statutes, to the department, pro-
ing storm water runoff; vided that nothing in this transfer shall affect the existence
of, or membership on, any water management district board;
(i) Construction of private docks and seawalls in artificially and provided further that, notwithstanding the provisions of
created waterways, where such construction will not violate s.373.026(7), Florida Statutes, the governor and cabinet, sitting
existing water quality standards, impede navigation or affect as' the Land and Water Adjudicatory Commission, shall have
flood control; and the exclusive pov.er by a vote of four of the members, to re-
view, and may rescind or modify any rule or order of a water
(j) The construction and maintenance of sales, management district, except those rules which involve only the
(3 Al bul a line heretofore esblised lant t internal management of the water management district, to in-




Florida Statutes. such review with the Land and Water Adjudicatory Commis-
Section 8. The Department of Pollution Control is trans- sio d ion and serving a copy on the water management district.
ferred by a type three transfer, as defined s.20.06(3), Florida Such request for review is not a precondition to the effective-
Statutes, to the department except for those duties vested ii ness of such rule or order, or to the seeking of judicial review
the governor and cabinet under section 5 of this act, and except as provided by Rs.373.133 and 120.68, Florida Statutes. The
that all powers, duties, and functions of the Department of powers, duties and functions' of the Department of Natural
Pollution Control relating to the regulation of open burning Resources exercised by the Bureau of Water Resources are
connected with rural land clearing, agricultural, or forestry transferred by a type four transfer, as defined in s.20.06(4),
operations (except fires for cold or frost protection) are trans- Florida Statutes, to the department. All powers, duties and
ferred by a type four transfer, as defined in s.20.06(4'), Florida functions of the Department of Natural Resources relating to
Statutes, to the Department of Agriculture and Consumer permits, licenses, and exemptions, pursuant to chapter 253,
Services. Florida Statutes, are transferred by a type four transfer,
as defined in s.20.0(;(4.), Florida Statutes, to the d,'part ncnt.
Section 9. (1) All powers, duties, and functions of the All powers, duties and functions of the Department of Natural
Bureau of Sanitary Engineering of the Department of Health Resources relating to water management (list eits, as set forth
and Rehabilitative Services not transferred elsewhere by this in chapter 298, Florida Statutes, are transferred by a type
act, are trans erred by a type four transfer as defined in s.20.06 four transfer, as (defined in s.20.0((4l), Florida Statutes, to the
(4), Florida Statutes, to the department, except for the follow- department.; provi(lded, however, that the department shall not
ing functions which shall remain with the Department of Health have the authority to borrow money, issue notes, or incur
and Rehabilitative Services: indebtedness.








May 19, 1975 JOURNAL OF THE SENATE 329

Section 12. Except for the coordination of governmental plan- Section 16. All powers, duties and functions of the Sea
ning and lprogimr:umingl activities, as provided in s.23.012, Flor- Resources Spction of the Bureau of Sanitary Engirnering of
ida Statutes, the poweIrs, duties and fuLnctions of the Division the Division of iHcalth of the Department of Iealth and Re-
of State Planning of the Department of Admini.i ration, pre- habilitative Services relating to but not limited to the regula-
scribed in part I of (iiinter 23, Florida Srtalites, which relate tion of shellfish are transferred by a type four transfer, as
to the developmellnt of the data for th., environmental quality defined in s.20.06(4), Florida Statutes, to the Department of
portions of the State Compn;rehensive Plan, are transferred by Natural Resources; provided that the Department of Health and
a type four transfer, as defined in s.20.06(4), Florida Statutes, Rehabilitative Services shall contract with the Department of
to the department for those environmental program-: which fall Natural Resources for laboratory services.
under its jurisdiction. Those powers, duties, and functions re-
lating to the development of data for the natural resources Section 17. Subsection (17) of section 20.25, Florida Stat-
portions of the State Comnrehensive Plan are transferred by a utes, is amended to read:
type four transfer, as defined in s.20.06(4), Florida Statutes, 2025 Department of natural resources.There is created a
to the Department of Natural Resources for those natural 5de artment of natural resources.
resource programs which fall under its jurisdiction.epartment of natural resources.
PAT II (17) The game and fresh water fish commission functions,
prescribed by chapter 372, are transferred by a type one trans-

Section 13. Notwithstanding any provision of law to the con- fer to the department of natural resources. ; except t-ha t
trary, the following shall be the divisions of the Department eOmmision s ef:i-at exeeSet e itS powecre spw-e4Cel by eo9 of Ai-4
of Natural Resources: W4 of t4e etate eet-4i-tie4on 4+44-fnwt 4ey e Mtse he4 of the
(4ej-4sete of fkt-al ]r-esesoueee. The Deportment of Natural
(1) Division of Administrative Services; Resources shall have authority pursuant to the type one
transfer to directly supervise, review, and approve the com-
(2) Division of Marine Resources; mission's exercise of executive powers in the area of budgeting.
(3) Division of Recreation and Parks; Section 18. (1) The powers, duties, staff, and functions of
the Florida Coastal Coordinating Council as created in s.370.-
(4) Division of Resource Management; and 0211, Florida Statutes, are hereby reassigned to the Division
(5) Division of Law Enforcement. of Resource Management of the Department of Natural Re-
sources, and the Florida Coastal Coordinating Council is
Section 14. Management and organization.- abolished.
(1) Within the Department of Natural Resources, there is (2) All programs, powers, duties, and functions of the De-
created the position of assistant executive director, wh6 shall apartment of Natural Resources, as created under s.20.25
aid in the overall management of the department. Florida Statutes, and as otherwise provided by law are main-
tained, except as specifically altered, created, or transferred
(2) The Division of Marine Resources shall perform all in this act.
duties currently assigned to the division except law enforce-
ment. PART III
(3) The Division of Resource Management shall perform Section 19. The heads of the Department of Environmental
all powers, duties, and functions of the Division of Interior Regulation and the Department of Natural Resources shall or-
Resources not .transferred elsewhere by this act. The division ganize the internal structure of their respective departments
shall also perform functions including but not limited to to conform to the requirements of this act in a manner which
preservation, management, and protection of lands held by the will promote efficient and effective operation of the depart-
state other than parks, recreational and wilderness areas, ments. Such internal organization shall be completed prior
and shall develop plans and carry out the programs of coastal to March 1, 1976. In accomplishing such organization, the head
zone management, utilizing interagency cooperation and agree- of each department shall allocate the duties and functions of the
menTts to insure the participation of other state and local department among the divisions which are established by this
agencies involved in coastal zone management. The division act, and may, prior to March 1, 1976, establish bureaus, sections,
shall also carry out the responsibilities of boundary determina- and subsections within such divisions without approval of the
tion pursuant to chapter 253, Florida Statutes. Department of Administration. No new bureaus, sections, or
subsections may be established within such divisions after March
(4) The Division of Recreation and Parks shall preserve, 1, 1976, until approved by the Department of Administration
manage, regulate and protect all parks and recreational areas or by law.
held by the state and may provide these services by contract
or interagency agreement for any water management district Section 20. On or before March 1, 1976, the secretary of the
where the governing board of a water management district Department of Environmental Regulation shall submit a re-
designates of sets aside any park or recreation area within port to the governor, and the executive director of the Depart-
its boundaries. meant of Natural Resources shall submit a report to the head of
the Department of Natural Resources. The reports shall then
(5) The Division of Law Enforcement shall perform the be submitted to the speaker of the house of representatives
duties currently assigned to the Bureau of Law Enforcement of and the president of the senate. The reports shall contain the
the Division of Marine Resources. organization plan of each respective department in effect on
March 1, 1976, and a detailed description of the placenent
Section 15. The Board of Trustees of the Internal Improve- within the departmental structure of all of the authorizedI
ment Trust Fund is merged into the Department of Natural programs and functions administered or accomplished by each
Resources, and all of the statutory powers, duties and functions, department.
records, personnel, property, and unexe!cnded balances of ap- Section 21. The Department of Administration and all other
propriations, allocations;, or other funds of the Board of tae agencies The Department of Administration and erate with the Depall other
Trustees of the Internal Improvement Trust Fund not trans- of Environments shall sslst and cooperate with the DeDepartment of Natural
ferred elsewhere by this act, are trai:cerred to the Department onvcc to ensure the orderly and the Depafficient transfer of Natural
of Natural Resources. Notwithstanding any other provision
of law to the contrary, the. uonncommitted fund balance of the powers, duties, functions, and agencies transferred by this act.
Internal Improvement Trmust I'und as of July 1, 1975, and a!l Section 22. Except as provided in sections 403.510 and 403.-
revenues subsequently axccruino from sources now (lcsi, iatd V. I, Florida Statutes, nothing in this act shall be construed t(,
by law for deposit in the Intern l liimr'vccnent Trst Fund have altered the authority of county and municipal govern-
shall be d!elpo:sitcdl in the Land A\celjuisition Trust Fund created meats as provided by law.
bly s.375.041, Fllorida St:tuttcs, to le used in accordance with PiovidCd by law.
chal'pte 375, Flori(la Slalutts. Iowevt'r, all the powers, duties, Section 23. (1) Any rule or regulation of a public agncyn
and functions of the Ioard of Trustees of the Internal Iln- involved in or affected by the reorganization of the cxccutive,
provement Trus: Fund relating to trademarks, copyrights, and agencies as set forth in this act, which was valid when adoptl. I
Ipttetis not involving an inmtrcist in ra:l Ilrolperty, as en;uimr- uii'ldre th," authority Irainttcd by the legislature to ]adopt su, i
ated in s.286.021 andls.";l.0l1, F'loridia St;atutes, are trasl'crrd rule, to the extent it is not inconsistent with this act, shall i.c
by a type four tt':la;i'r, as dlefincdi in s.20.t.6) (), Florida Slat- main in c'lfct uimtil it exilircs by its terms or is slcci ficalll.
utes, to tIe DI)epartment of State. repealed or revised as provided by law.










330 JOURNAL OF THE SENATE May 19, 1975

(2) The provisions of this act shall be incorporated into of Resource Management of the Department of Natural I:.
chapter 20, Florida Statutes, and provisions of chapter 20, Flor- sources; *providing authority for the alignment of units ani
ida Statutes, not repealed by this act shall apply to the functions of the Department of Environmental Regulation and
agencies created, transferred, or otherwise altered. the Department of Natural Resources below the division liv!;
requiring reports to the legislature; providing for cooperation
(3) Nothing in this act shall alter or affect rights previous- among affected agencies; providing for non abrogation of rule.
ly vested under chapter 380, Florida Statutes. and legal or administrative proceedings; repealing s.2 0
Section 24 T N l or amin v p ro p Florida Statutes, relating to the creation of the Department of
Section 2 No leal or administrative proceeding pending pollution Control repalin s.3.3, Florida Statutes, r
as of the effective date of this act shall be abated or delayed ating to the rules for permitting procedures of the Board of
because of any transfer made in this act, and any department Trustees of the Internal Improvement Trust Fund; repealing
to which are transferred the powers, duties, and functions of s.253.122, Florida Statutes, relating to the fixing of bull-
an agency relating to a pending proceeding shall be substituted heads; repealing s.20.27, Florida Statutes, 1974 Supplement,
as a party in interest in such proceeding. relating to the creation and renaming of the Board of Trustee.
Section 25. All statutory law which names units of gov- of the Internal Improvement Trust Fund; providing for sevcr-
ernment in the various agencies of the executive branch in a ability; providing an effective date.
manner in conflict with the nomenclature used herein is
amended so as to be consistent with the nomenclature used in On motion by Senator Lewis Rule 4.5 was waived and the
this act. If any agency, program, power, duty, or function trans- report of the Conference Committee on CS for CS for SB 123
ferred herein is changed in name or substance by another act was read a second time.
of the legislature during the 1975 regular session, the agency,
program, power, duty, or function, as amended, is transferred On motion by Senator Lewis the Conference Committee Re-
in a manner consistent with the intent expressed by this act. port was adopted, and CS for CS for SB 123 passed as recom-
mended. The vote on passage was:
Section 26. Section 20.26, Florida Statutes, Section 20.27, mended. The vote on passage was:
Florida Statutes, 1974 Supplement, and sections 253.122 and
253.136, Florida Statutes, are hereby repealed. Yeas-37
Section 27. The Department of Environmental Regulation Mr. President Graham Poston Tobiassen
and the Department of Natural Resources shall accomplish this Brantley Hair Renick Trask
reorganization within existing resources and appropriations Childers, D. Johnston Saunders Vogt
authorized by the legislature. Childers, W. D. Lane, J. Sayler Ware
Deeb Lewis Sca.rborough Wilson
Section 28. If any provision of this act or the application Dunn MacKay Sims Winn
thereof to any person or circumstance is held invalid, the in- Firestone McClain Spicola Zinkil
validity shall not affect other provisions or applications of the Gallen Myers Stolzenburg
act which can be given effect without the invalid provision or Glisson Peterson Thomas, J.
application, and to this end the provisions of this act are de- Gordon Plante Thomas, P.
cleared severable.
Section 29. This act shall take effect July 1, 1975. Nays-1
Henderson
Conference Committee Amendment 2-On page 1, line 3,
strike all the title and insert: A bill to be entitled An act On motion by Senator Lewis, CS for CS for SB 123 was
relating to environmental reorganization; providing a declara- immediately certified to the House together with the Con-
tion of policy; defining terms; creating the Department of ference Committee Report.
Environmental Regulations; creating environmental districts
and authority for subdistricts; creating the Environmental Statement by Senate Conferees on CS for CS for CB 123
Regulation Commission; providing for appeals under chapter
253 to the governor and cabinet; providing for the governor The following Senate conferees on Environmental Reorgani-
and cabinet to perform the duties of the Department of Pollu- zation question the constitutionality of that portion of the
tion Control Board under the Florida Electrical Power Plant Environmental Reorganization Act of 1975 which transfers all
Siting Act; providing for the powers and duties of the Environ- or certain functions of the Game and Fresh Water Fish Con-
mental Regulation Commission and the Department of Environ- mission to the Department of Natural Resources. The Conference
'mental Regulation; providing procedures for issuing certain Committee considering the Act approved the House terminology
permits and licenses; providing for exemption of certain activi- on this point only because this one relatively minor and ques-
ties from state regulation; providing for the establishment of tionable issue was delaying the adoption of this extremely im-
bulkhead lines; transferring the Department of Pollution Con- nortant piece of legislation. Therefore, we urge that the Goo-
trol to the Department of Environmental Regulation except for ernor and the Commission-in accordance with its constitutional
certain powers, duties and functions vested in the governor and responsibilities-take the necessary steps to determine the
cabinet; transferring certain powers, duties and functions of the constitutionality of this portion of the Act so that Florida's
Department of Pollution Control relating to open burning to the government may proceed in an orderly manner as prescribed by
Department of Agriculture and Consumer Services; transferring the Constitution and Law.
certain powers, duties and functions of the Department of
Health and Rehabilitative Services to the Department of En- Phillip Lewis W. D. Childers
vironmental Regulation and providing for interagency agree- Guy Spicola Jon Thomas
ments with county health units; transferring certain powers, John Vogt
duties and functions of the Board of Trustees of the Internal
Improvement Trust Fund to the Department of Environmental The Honorable Dempsey J. Barron, President May 16, 1975
Regulation; transferring certain powers, duties and functions
of the Department of Natural Resources to the Department of I am directed to inform the Senate that the House of Repre-
Environmental Regulation; prescribing certain planning func- sentatives has passed with amendment-
tions; prescribing organization and duties of the Department y Senator Renick
of Natural Resources; merging the Board of Trustees of the By Senator Renick-
Internal Improvement Trust Fund into the Department of SB 629-A bill to be entitled An act relating to taking of
Natural Resources except for certain powers, duties and func- marine corals and sea fans; amen ::ng s.370.114(1), (2), Florida
tions relating to trademarks, copyrights and patents; pro- Statutes, 1974 Supplement: providing that it is unlawful for a
viding for the transfer of funds; transferring the powers, ,erson to take, sell, destroy, or possess a certain amount of
duties and functions of the Depart ent of Health and Rehahili- specimens; providing an exception to the limitation on the
tative Services relating to shellfish to the Department o!' mountt of specimens allowed; providing a penalty; providing;
Natural Resources; amending s.20.25(17), Florida Staiuttes; an effective date.
prescribing the authority of the I)epartment of Natural Re-
sources relating to the Game and Fresh Water Fish Corn- -and requests the concurrence of the Senate.
mission; abolishing the Coastal Coordinating Council and re-
assigning its powers, duties, staff and functions to the Division Allen Morris, ClerkT











May 19, 1975 JOURNAL OF THE SENATE 331

Substitute Amendment 2-On page 2, lines 12 and 13, strike HB 150 by Representative SB 952 by Senator J.
all of said lines and renumber the subsequent section Becker Thomas
IHB 231 by Representative HB 210 by Representative
Smith Haeazlton
On motion by Senator Brantley, the Senate refused to con- 1289 by Cri alJustice S by Senato eterson
cur in the House amendment to SB 629, and the House was Criminal Justice SB 969 by Senator P
req<(.sted to recede therefrom. The action, with he bill and Senator D. Childers SB 977 by Senator Zinkil
amendment, was certified to the House. SB 701 by Senator Brantley SB 935 by Senator Dunn
HB 149 by Representative SB 998 by Senator McClain
Senator W. D. Childers announced the meeting of the Corn- Dixon SB 1002 by Senator Dunn
mittee on Commerce scheduled for May 20 from 5:00 p. m. SB 728 by Senator Scar- SB 1024 by Senator Glisson
until 8:00 had been rescheduled for 8:00 p. m. until 10:00 p. m. borough SB 1030 by Senator Saunders
SB 743 by Senator Poston SB 1033 by Senator Zinkil
On motion by Senator Childers, Rule 2.6 was waived and the SB 7 by Senator ewis SB 1037 by Senator Deeb
Committee on Commerce was authorized to consider SB 866 T7 by c r SB 18 by Satom J
Tobinssen Thomas
May 20. SB 774 by Senator SB 1071 by Senator Dunn
Tobiassen SB 1103 by Senator Dunn
MOTIONS RELATING TO COMMITTEE REFERENCE SB 787 by Senator Vogt. SB 1117 by Senator Zinkil
SB 789 by Senator Vogt SB 1123 by Senator McClain
SB 812 by Senator Wilson SB 1126 by Senator Ware
On motion by Senator Peterson, by two-thirds vote HB 1223 SB 212 by Senator Gallen SB 1142 by Senator ordon
was withdrawn from the Committee on Agricultuie and placed SB 26 by Senator Macay SB 118 by Senator Gordon
on the calendar. SB 837 by Senator Sims SB 1251 by Senator P.
SB 897 by Senator Dunn Thomas
On motions by Senator Myers, by two-thirds vote Senate SB 900 by Senator Hender- SB 1257 by Senator Vogt
Bills 719, 368 and HB 1524 were withdrawn from the Com- son
mittee on Governmental Operations and placed on the calendar.

On motions by Senator Myers, by two-thirds vote Senate Bills SPECIAL ORDER
1007, 1072, 863, 1324 and 1325 were withdrawn from the Com- HB 2100-An act making appropriations: providing moneys
mittee on Governmental Operations. for the annual period beginning July I, 1975 and ending June
30, 1976, to pay salaries, other expenses, capital outlay-buildings
On motion by Senator Graham, the rules were waived and and improvements, and for other specified purposes of the
the Committee on Education was granted permission to meet various agencies of state government; suspending sections 216.-
from 6:00 p.m. until 12:00 midnight this day instead of 6:00 292, 216.301, 27.34(2), 27.54(3), 215.32(2)(c), 216.011(1)(c),
p.m. until 10:00 p.m. as previously scheduled. 216.181 and 402.17(3), F.S.; and suspending sections 216.262,
216.351, 216.292, F.S., for the Division of Universities and Ad-
On motion by Senator P. Thomas, by two-thirds vote SB ministered Funds; providing an effective date.
1293 was withdrawn from the Committee on Judiciary-Civil. -having been read the second time and amended May 14,
was taken up together with pending Amendment 1GG to
On motion by Senator Vogt, by two-thirds vote SB 100 was Amendment 1 which failed.
withdrawn from the Committee on Ways and Means and placed
on the calendar.
On motion by Senator Johnston the Senate reconsidered the
REQUESTS FOR EXTENSION OF TIME vote by which Amendment 1EE was adopted on May 14.
SSenator Gordon withdrew Amendment 1EE.
The Committee on Governmental Operations requests an
extension of 15 days for the consideration of the following: Senator Gordon moved the following amendments to Amend-
SB 11 by Senator Poston SB 217 by Senator Poston ment 1 which were adopted:
SB 25 by Senator McClain SB 241 by Senator Gallen
SB 26 by Senator McClain SB 246 by Senator Gallen Amendment H H-On page 20, line 342A, after paragraph
SB C9 by Senator Holloway SB 247 by Governmental ending "the next biennium" insert: The Board of Regents shall
SB 102 by Senator Glisson Operations Com- thoroughly examine the procedures being used to administer
SB 103 by Senator Glisson mittee the universities and shall effect changes in those procedures to
SB 111 by Senator Sayler SB 452 by Senator Sims achieve a reduction in the amount of manpower devoted to
SB 120 by Senator McClain SB 456 by Senator P. Thomas academic administration, leading to a reduction in administra-
SB 125 by Senator McClain SB 466 by Senator P. Thomas tive costs per student and the maximum possible involvement of
SB 187 by Senator Holloway SB 468 by Senator P. Thomas ac'adl:.mically qualified administrators in the teaching process,
SB 194 by Senator Henderson SB 472 by Senator P. Thomas even if on a part-time basis. Manpower which can be released
SB 198 by Senator Plante SB 474 by Senator P. Thomas from administration will be transferred to instruction. The
SB 203 by Senator Lewis SB 483 by Senator Lewis Board of Regents shall submit a report to the Legislature by
SB 210 by Senator P. Thomas SB 503 by Senator MacKay 1 March 1976 describing progress in achieving the above ob-
jectives.
The Committee on Judiciary-Criminal requests an extension
of 15 days for the consideration of the following: Amendment III-On page 27, under "HEALTH AND REHA-
SBILITATIVE SERVICES, DEPARTMENT OF" Paragraph
SB 21 by Senator Vogt sB 533 by Senator Firestone number 2 Strike "administrative direction and support" and
SB 38 by Senator Wilson SB 559 by Senator Poston insert: nondirect client service
SB 113 by Senator Zinkil SB 672 by Senator Glisson
SBI 134 by Senator Scar- SB 643 by Senator Gallen
borough SB 677 by Senator Deeb Senators Sayler, McClain, Deeb, D. Lane, Barron, Trask, Gal-
SB }47 by Gove ntmental 1HB 104 by Representative len, Plante and Brantley offered the following amendment which
Operate ions Haben was moved by Scn.iitor Sayler and adopted:
SB 225 by Senator Dunn IHB 102 by Representative
SB 261 by Senator Sayler laben Amendment 1JJ-On page 28, above item 480, insert: Proviso:
SB 281 by Senator Firestone HlB 114 by Representative Funds appropriated in line item 480 through 499 may be used to
SB 381 by Senator 1). Childers IHaben locate and cost riet other temporary facilities for adult in-
SB 396 by Senator Winn iHB 117 by Reprcsentative mates committed to state correctional instillutions. This shall
SB 399 by Senator ,Johnston lHaben include the rental or purchase of materials, equipment, build-
51 499 by Senator l)eeb HB 120 by Representative ings, barracks, li;uL;'ars, and tents. The division is authorized
SB 479 by Senator P. Ifaben to contract with United States military installations in the state
T1homas for the housing of inmates.











332 JOURNAL OF THE SENATE May 19, 1975

Senators Mycrs and Dceb offered the following amendment Amendment 1-OO-On page 47 items 848, 849, 850, strike
which was moved by Senator Myers and failed: "8,570,341 5,650,833 3,025.514" and insert: 8,145,341 5,370,831
2,865,514
Amendment 1KK-On page 29, after item 513 insert: Item
513A For Youth Rnaway Program-particiation in Texas- Senators Sims and Pante offered the following amendment to
based hot line program, publicity and related expenses to con- Amendment 1 which was moved by Sentor Si and failed
tinue Florida's participation in the relay message system for
runaway youths. Amendment 1PP-On page 47, strike all of item 850A.
$20,000
On motion by Senator Saunders, the rules were waived and
Senator Scarborough presiding time of adjournment was extended until final action on HB 2100.
On motion by Senator Myers, the Senate reconsidered the vote
by which Amendment 1KK failed. The question recurred on On motion by Senator Saunders, the rules were waived and
Amendment 1KK which was adopted. Subcommittee B of the Committee on Ways and Means wvs
granted permission to meet at 7:00 a.m. May 20 to consider
Senate Bills 810, 868, 1013 and 1200.
Senators McClain, J. Lane and Spicola offered the following
amendment to Amendment 1 which was moved by Senator Mc- Senator Brantley moved that the Senate rec
Clain and failed: Senator Brantley moved that the Senate reconsider the vote
by which Amendment 1-00 was adopted. The motion was adopt-
Amendment 1LL--On page 31 insert following item 554: ed by the following vote:
Provided, that the funds appropriated in items 550 through 554
shall be used to maintain'the Florida Mental Health Institute Yeas-24
located a Tampa, Florida, as primarily a training and re-
search facility for which it was designed. Brantley Hair Myers Spicola
Childers, D. Henderson Peterson Thomas, P.
Senators Gallen, Johnston, Spicola, Hair and McClain of- Childers, W. D. Holloway Poston Tobiassen
fered the following amendment to Amendment 1 which was Gallen .Lane, J. Renick Trask
moved by Senator Gallen and failed: Gordon Lewis Saunders Vogt
Graham MacKay Scarborough Wilson
Amendment 1MM-On page 42, strike Items 757, 758, 759,
760, 760A, 762 and Proviso and insert: Item 757 Nays-12
Salaries and Benefits 58
From General Revenue Fund 889,292 Deeb Johnston Sayler Ware
From Grants and Donations Trust Fund 125,512 Firestone Lane, D. Sims Winn
Item 758 Glisson Plante Stolzenburg Zinkil
Other Personal Services
From General Revenue Fund 13,269
From Grants and Donations Trust Fund 86,375 The question recurred on Amendment 1-00 which failed.
Item 759
Expenses Senator D. Lane moved the following amendment to Amend-
From General Revenue Fund 213,810 ment 1:
From Grants and Donations Trust Fund 214,540
Item 760 Amendment IQQ-On page 50, Items 893, 895, 896, strike
Operating Capital Outlay "893 Salaries & Benefits 624 positions
From General Revenue Fund 41,390 From General Revenue Fund 2,596,442
From Grants and Donations Trust Fund 300 895 Expenses
Item 762 From General Revenue Fund .84,686
Data Processing Services 896 Operating Capital Outlay
From General Revenue Fund 168,130 From General Revenue Fund 6,492"

Senator Spicola moved that the Senate reconsider the vote and insert:
by which Amendment ILL failed. The motion failed by the 893 Salaries & Benefits 626 positions
following vote: From General Revenue Fund 2,609,047
895 Expenses
Yeas--14 From General Revenue Fund 97,186
896 Operating Capital Outlay
Brantley Lewis Renick Vogt From General Revenue Fund 28,992
Childers, W. D. McClain Spicola Ware
ae, J. Plante T ask The amendment failed by the following vote:


Nays-16 Yeas-12
Childers, D. Henderson MacKay Stolzenburg Deeb Lane, D. Sinms Thomas, P.
Dunn Holloway Myers Wilson Glisson Plante Stolzenburg Winn
Firestone Johnston Poston Winn Henderson Scarborough Thomas, J. Zinkil
Graham Lane, D. Scarborough Zinkil
Nays-17
Senator Graham moved the following amendment to Amend- Childers, D. Hair Poston Vogt
ment 1 which was adopted: Firestone Holloway Saunders Wilson
Gallen Lewis Sayler
Amendment 1NN-On page 46, Item 835 following the last Gordon MacKay Spicola
proviso insert: l'Provided that the Depa:rtlment of Administra- Graham Myers Tobiassen
tion may transfer any funds appropriated for appellate hear-
ings from ltem 827 lump) Sum for th thtwelfth judicial circuit
to Item 825 lum ll S fun r the tenth judicial circuit notwith- Senator P. Thomas moved the following amendment to
standing Section 27.51 (4) (b), Florida Statutes. Amendment 1 which failed:
Amendment IRR-On page 50, Items 893, 895, 896, strike
Senator Plante moved the following almen(dlment to Anmend- "8)3 Salaries and Benefits
ment 1 which was adopted: From State Game Trust Fund 4,451,800











May 19, 1975 JOURNAL OF THE SENATE 333

895 Expenses Senators D. Childers, Johnston, J. Thomas, Dunn, Ware, Say-
From State Game Trust Fund 2,992,450 ler, Sims, Deeb, Zinkil, Brantley, Lewis, D. Lane and Hair
896 Operating Capital Outlay offered the .following Amendment to Amendment 1 which was
From State Game Trust Fund 367,843" moved by Senator Ware and adopted:
and insert: Amendment 1XX-On page 64, item 18A, strike all of item
18A, and insert:
893 Salaries and Benefits 18A, and insert
From State Game Trust Fund 4,529,384 18A Fixed Capital Outlay
895 Expensesixed Capital Outlay
From State Game Trust Fund 3,144,700 C etion or omplexDade County
896 Operating Capital Outlay Youth Detention Center
896 Oporating Capital Outlay From General Revenue Fund 1!2,000
From State Game Trust Fund 389,263 18B Fixe i venue Fund
18B Fixed Capital 'Outlay
Brevard County Youth Detention Center
Senator P. Thomas moved the following amendments to From General Revenue Fund 17,000
Amendment 1 which were adopted: 18C Fixed Capital Outlay
Seminole County Youth Detention Center
Amendment 1SS-On page 56, Items 1036, 1038 & 1040, strike From General Revenue Fund 8,000
"Salaries and Benefits 110 Positions 18D Fixed Capital Outlay
From General Revenue Fund 941,394 Palm Beach County Youth Detention Center
From Administrative Trust Fund 228,056 From General Revenue Fund 192,000
Expenses 18E Fixed Capital Outlay
From Administrative Trust Fund 183,310 Lee County Youth Detention Center
Operating Capital Outlay From General Revenue Fund 75,000
From Administrative Trust Fund 5,466" 18F Fixed Capital Outlay
Leon County Youth Detention Center
and insert: From General Revenue Fund 16,000
18G Fixed Capital Outlay
Salaries and Benefits 116 Positions Alachua. County Youth Detention Center
From Genelal Revenue Fund 980,759 From General Revenue Fund 15,000
From Administrative Trust Fund 233,056 18H Fixed Capital Outlay
Expenses Volusia County Youth Detention Center
From Administrative Trust Fund 201,460 From General Revenue Fund 32,000
Operating Capital Outlay 181 Fixed Capital Outlay
From Administrative Trust Fund 8,939 Polk County Youth Detention Center
From General Revenue Fund 37,000
Amendment 1TT-On page 57, Items 1053, 1055 & 1056, strike 18J Fixed Capital Outlay Detention Center
"Salaries and Benefits 460 Positions Marion County Youth Detention Center
4,772,135 From General Revenue Fund 14,000
From General Revenue Fund 4,772,135 18K Fixed Capital Outlay
Expenses St. Lucie County Youth Detention Center
From General Revenue Fund 1,278,696 From General Revenue Fund 28,000
Operating Capital Outlay 18L Fixed Capital Outlay
From General Revenue Fund 60,175" Broward County Youth Detention Center
From General Revenue Fund 53,00
and insert: 18M Fixed Capital Outlay
Salaries and Benefits 454 Positions Duval County Youth Detention Center
Salaries and Benefits 454 Positions From General Revenue Fund 86,000
From General Revenue Fund 4,727,770 18N Fixed Capital Outlay
Expenses Pinellas County Youth Detention Center
From General Revenue Fund 1,260,546 From General Revenue Fund 96,000
Operating Capital Outlay
From General Revenue Fund 56,702
Senator J. Lane moved the following amendment to Amend-
Senator Glisson moved the following amendment to Amend- ment 1 which was adopted:
ment 1 which failed:
Amendment 1YY-On page 65, Section 3, strike entire section
Amendment 1UU-On page 60, insert: 1107A Special Cate- 3 and merge each line item into section 2. on page 63
gories-Cross and Sword
From General Revenue Fund $10,000
The President presiding
Senators J. Lane and Spicola offered the following amendment
to Amendment 1 which was moved by Senator J. Lane and Senators Sayler, Ware, Barron, Trask, Glisson, Brantley,
adopted: Deeb, Lewis, Wilson, Peterson, Plante, Tobiassen and D. Lane
offered the following amendment to Amendment 1 which was
Amendment IVV-On page 63, Section 2, line item 4, insert moved by Senator Sayler:
line item 4A to read as follows: There is hereby appropriated
to the D)epartnment of General Services "the sum of the ,roceelds Amendment 1ZZ-On page 68, Item 30, add a new section 30
from the sale of the Green State Office Building, Tampa, for and renumber
the purpose of land ac:quisitioir and/or construction of the new
Tampa Regional Service Center. Section 30

Senator Glisson moved the following amendment to Amend- Provided, however, that all general revenue appropriated
ment 1 which failed: herein except for debt service appropriations are reduced by
seven tenths of one percent.
Amendment 1WW-On page 63, after item 1183 insert: coun-
ties Senator Saunders raised a point of order stating that when
1181 Lunacy proceedings, criminal prosecutions and a bill such as the general appropriations bill is being considered
hlabe:as Corpus cases and amended item by item and section by section a:r :aend-
From General Revenue Fund 75,000 mlent :attempting to amend all items collectively would be out
Provided, however, that this appropriat ion is for of order.
the purpose of funding section 57.091, Florida Stat-
utes, and is contingent on the passage of Senate The Journal of May 16 was corrected and approved as fol-
Bill 92 or a similar House Bill. lows:









334 JOURNAL OF THE SENATE May 19, 1975

Page 321, line 30 counting from the bottom of column 1, Senate'Bills 756 and 758, Senator Ware as a co-introducer of
strike "P" and insert: J Senate Bills 1044, 1077, 1316, 1317 and 1318.
Page 321, column 2, line 17, strike "320" and insert: 230 Senator Brantley moved that the Senate do now adjourn.
Which was agreed to and the Senate adjourned at 6:42 p.m. to
convene at 8:30 a.m., May 20, 1975 for the purpose of intro-
CO-INTRODUCERS duction and reference of resolutions, memorials, bills and
joint resolutions and thereafter to reconvene at 9:00 a.m.,
Senators Sayler and Hair were recorded as co-introducers of May 20, 1975.


LOBBYIST REGISTRATIONS UNDER SENATE RULE NINE

MAY 9, 1975 THROUGH MAY 15, 1975
Name & Address; Entity Represented & Address if different; Name & Address; Entity RIepresented & Address if different:
Legislation Involved; Association with Legislator if al!i Legislation Involved; Association with Legilsafor if any
Allen, John T., Jr. 4508 Central Ave. St. Petersburg 33711 Hastings, James E. 3280 Ponce de Leon Blvd. Coral Gables
Pinellas County Pinellas County Administration Bldg. Clear- 33134 The Wackenhut Corporation Security guard regulation
water All "watcr" legislation
water All "water" legislation Israel, Susan Faith Box 105 So. Campus Beach Blvd. Jackson-
Birchfield, W. 0. 1700 Barnett Bank Bldg. Jacksonville 32202 ville 32216 Community Colleges S. Campus Jacksonville Edu-
Fla. Elec. Coop. Asso. PO Box 590 2916 Apalachee Pkwy. Tal- cation
lahassee All Miles, Riley S. PO Box 1330 911 Main St. Kissimmee 32741
Brady, Steven Mark 5019 Romilly Dr. East Jacksonville 32210 Water Users Association of Fla. Inc. Water resources and re-
Community Colleges 4501 Capper Rd. Jacksonville 32218 Edu- lated land use
cation Murphy, John P. 234 E. 7th Ave. Tallahassee 32303 Florida
Brautigan, Paul R. 2571 Executive Center Circle East Tal- Polygraph Association SB 947
lahassee 32301 Florida Board of Building Codes and Standards
Nix, Ronald Russell Building 64 Kent Center Roosevelt Jackson-
Brown, Arthur A. "Bud" Box 22125 Fort Lauderdale 33316 ville 33305 Community Colleges FJC Education
Southern Yacht Brokers Association 2260 SE 17 St. Fort
Lauderdale 33316 Boats Yachts Ships Fishing and any marine Parrish, Michael M. The Capitol Tallahassee 32304 Department
or water oriented activity of Legal Affairs Attorney General
Brown, Stephen A. 2619 Melson Ave. Jacksonville 32205 Com- Ross, William C. 601 Court St. Clearwater 33516 Pinellas County
munity Colleges FJC-North Jacksonville 32218 Community 315 Haven St. Clearwater 33516 Emergency medical svs
college education Scott, Thomas A. Box 2842 St. Petersburg 33731 City of St.
Cherry, Mrs. Linda Z. PO Box 1079 Live Oak 32060 Florida Petersburg, Fla. Airports
Conservative Union Inc. General Senterfitt, Donald T. PO Box 231 Orlando 32802 Florida
Dehnert, Robert E. 10753 SW 77 Ct. Miami 33156 Miami Dade Bankers Association 505 N. Mills Ave. Orlando 32803 Banking
Community College 300 NE 2nd Ave. Miami Higher education legislation
also United Farm Workers AFL-CIO 820 S. Delaney Ave. Avon Smith, Patti Levine 8161 Driggers St. Jacksonville Community
Park 33825 Representative for principal's interests Colleges Education
Fields, John D. 1839 Miccosukee Rd. Tallahassee 32303 Self Ware, Daniel D. Bldg. 64 FJC Kent Center Jacksonville 32205
"The total concept" Community Colleges FJC Education
Goodrum, Daniel S. 25 South Andrews Ave. Ft. Lauderdale Wright, Parke Florida Ave. Tampa 33601 Lykes Bros. PO Box
33302 Fla. Bankers Assoc. 505 N. Mills Ave. Orlando 32803 2879 Tampa 33601 General
Banking legislation Wright, Thomas G., Jr. 214 Municipal Bldg. St. Petersburg
Hart, Lucious S. 1913 W. 19 St. Jacksonville Self All legislation 33701 City of St. Petersburg Municipal government



This public document was promulgated at a base cost of $62.96 per printed page for 2200 copies and $5.22 per page for
distribution for the purpose of informing members of the Legislature and the public of actions of the Senate.






7 I -DIVISION DIRECTOR
WATERWAYS Charles M. Sanders ENGR.TECH III
"Roger Bachman Sue Coleman
SECRETARY III ENGINEER III BUREAU CHIEF SECRETARY II SECRETARY IV
Pat Chancy Jim Stidham Becky Short "Ann Kickliter
ENGINEER III SECRETARY II
Pratt Finlayson Porchia Mock

SECRETARY I WATER RESOURCE PLANNER
Shari Warburton Ed Cederholm
I-------------------I-----------I- -----
PLANNING SECTION REGULATORY AND SUPPORT SECTION TECHNICAL SECTION
I I
ENGINEER III WATER RESOURCE PLANNER GEOLOGIST III
Paul Beam James Pool Jim Cason

ENGINEER II 1 ENGR. TECH. IV ENGINEER I
"A, Bishop j Bill Albritton j Gary Bishop

BIOLOGIST I ENGR. TECH. IV ENGINEER III
"Jack Neely Lloyd Kinsey -

GEOLOGIST II CLRK.-TYP. III ENGINEER II
"Don Kell Nancy Shiver John Plappert

ENGR. TECH. III CLRK. -TYP. II ENGINEER I
Lynn McFarland Kathy Mooney Bill McElroy
SOIL SCIENTIST ENGR. TECH. II GEOLOGIST II
"Wilbur Mack Cliff McKeown -

STASTICIAN II GEOLOGIST II
Torres LeBrun J Richard Johnson

SYSTEMS ANALYST MARINE RES. INVESTIGATOR
Scott Wimberly Craig Helpling

STASTICIAN I II ENGINEER I
Jane Smith Ira Brown

SECRETARY II SECRETARY II
Conrnie Collins Jann Warburton





University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs