Title: Senate Bill as amended by the House
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 Material Information
Title: Senate Bill as amended by the House
Alternate Title: CS for CS for HB 393. Senate Bill as amended by the House. Journal of the House of Representatives
Physical Description: 3p.
Language: English
Publication Date: April 23, 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 10
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052278
Volume ID: VID00001
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Holding Location: Levin College of Law, University of Florida
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p268!e t re JOUtRN L OF cE HZ USE OF Ry NT TIVES April 23,
fixing of bulkheads; repealing s.20.77, Florida Statutes, 1974 environmental district center, which shall be collocated with th
Supplement, relating to the creation and renaming of the office of the water management district to the maximum exten
Board of Trustees of the Internal Improvement Trust Fund; practicable.
providing for severability; providing an effective date.
(5) The state is divided into five environmental districts
-was taken up and read the second time by title and the coterminous with the water management district boundaries
third time by title. as specified in chapter 373, Florida Statutes.
(6) The secretary may establish subdistricts with one branch
Representative Fulford offered the following amendment: office in each, for the purpose of making services more ac-
Amendment 1 (text of CS for CS for HB 393, as amended) cessible to the citizens of each district.
Strike everything after the enacting clause and insert: (7) There is created as a part of the Department of En-
Section 1. Short title.-This act shall be known and may be vironmental Regulation an Environmental Regulation Commis-
cited as the Florida Environmental Reorganization Act of 1975. sion. The commission shall be composed of seven citizens of
this state appointed by the governor, subject to confirmation
Section 2. Declaration of policy.-Reasserting the policy of by the senate. The commission shall include one, but not more
the Governmental Reorganization Act of 1969, as stated in s.20.- than two, member from each water management district who has
02, Florida Statutes, that structural reorganization should be a resided in the district for at least 1 year and two members from
continuing process, and recognizing that 6 years have passed the state at large. Membership shall be representative of but
since the 1969 reorganization, it is the intent of the legislature not limited to interested groups, including agriculture, real
to promote the efficient, effective and economical operation of estate sales, environmental experts, the construction industry
certain environmental agencies by centralizing authority over and lay citizens. The governor shall appoint the chairman, and
and pinpointing responsibility for the management of the en- the vice chairman shall be elected from among the member-
vironment, by authorizing the delegation of substantial decision- ship. Four members shall be appointed on July 1, 1975, for
making authority to the district level, and by consolidating terms ending July 1, 1979, three members shall be appointed
compatible administrative planning, permitting, enforcement on July 1, 1975, for terms ending on July 1, 1977. All appoint-
and operational activities. Further, it is the intent of this act ments thereafter shall be for 4-year terms. The governor
to promote proper administration and utilization of Florida's may at any time fill vacancies for the unexpired term. The
landmark environmental laws. members of the commission shall serve without compensation
Sbut shall be paid travel and per diem as provided in s.112.061,
PART I Florida Statutes, while in the performance of their official
Section 3. When used in this act the term, phrase or word: duties. Administrative personnel and other support services
necessary for the commission shall be furnished by the de-
(1) "Commission" means the Environmental Regulation apartment.
Commission.
Section 5. Powers and duties of the Department of Environ-
(2) "Department" means the Department of Environmental mental Regulation.-
Regulation.
(1) Duties of the governor and cabinet.-
(3) "Environmental district center" means the facilities (1) Duties of the governor and cabinet.
and personnel which are centralized in each district for the (a) The governor and cabinet sitting as the trustees of state
purposes of carrying out the provisions of this act. lands are vested with the authority to hear and decide appeals
(4) "District" or "environmental district" means one of the of department decisions under chapter 253, Florida Statutes.
geographical areas, the boundaries of which are established Such notice of appeal shall be filed with the governor and
pursuant to this act. cabinet within 15 days of such decision. The hearing shall be
appellate in nature; however, the governor and cabinet may,
(5) "Manager" means the head of an environmental district at their discretion, take additional testimony. Such hearings shall
who shall supervise all environmental functions of the depart- be completed and a decision rendered within 60 days of receipt
ment within such environmental district. of the appeal. Hearings shall be in accordance with provisions
of chapter 120, Florida Statutes.
(6) "Secretary" means the secretary of the Department of
Environmental Regulation. (b) The governor and cabinet shall perform the duties now
(7) "Subdistrict" means a eoraical ar th boundaries vested in the Pollution Control Board of the Department of
"of which ma" bi esteablishd as a part of a district. Pollution Control, pursuant to the Florida Electrical Power
Swch may be established as a part of a districtPlant Siting Act, sections 403.509, 403.511, 403.512 and 403.513,
"(8) "Standard" means any rule of the Department of En- Florida Statutes. For the purposes of this subsection the gover-
vironmental Regulation relating to air and water quality, noise, nor shall perform the duties of the chairman of the Pollution
and solid waste management. The term "standard" does not in- Control Board, as defined in section 403.511, Florida Statutes.
elude rules of the Department which relate exclusively to the
internal management of the Department, the procedural proc- (2) Duties of the commission.-
essing of applications, the administration of rule making or The commission shall exercise the exclusive stand
adjudicatory proceedings, the publication of notices, the conduct (a) The commission shall exercise the exclusive standard-
of hearings, or other procedural matters. setting, rulemaking, and administrative adjudication functions
of the department's rules and standards for water, air, noise, and
Section 4. Department of Environmental Regulations.- solid waste (where such rules and standards are required by state
There is created a Department of Environmental Regulation. and/or federal law./ Where such standards exceed federal re-
The head of the department is the secretary of environ- Cabinet and the commission shall forward to the Governor and
mental regulation, who shall be appointed by the governor sub- Cabinet a statement of environmental and economic impact
ject to confirmation by the senate. The secretary shall serve for the proposed standard.
at the pleasure of the governor.
(2) There shall be a deputy secretary appointed by and (b) The commission shall direct the department to have a
serving at the pleasure of the secretary. study conducted of the economic and environmental impact which
sets forth the benefits and costs to the public of any proposed
(3) The following divisions of the Department of Environ- standard that would be stricter or more stringent than one
mental Regulation are established: which has been set by federal agencies pursuant to federal law A""
(a) Division of Administrative Services; or regulation. The commission shall direct the department to
prepare such a study on any standard existing on the effective
(b) Division of Environmental Programs; and date of this act which sets a stricter or more stringent standard
than one which has been set by federal agencies pursuant to
(c) Division of Environmental Services, federal law or regulation. All such studies shall be submitted to
the governor and cabinet no later than March 1, 1976. The
(4) There shall be a manager for each environmental dis- governor and cabinet shall accept, reject, modify, or remand for
trict who shall be appointed by and serve at the pleasure of further proceedings the standard within 60 days from the subT
the secretary. The manager shall maintain his office in the mission of the study..







4-



April 23, 1975 JOURNAL OF THE HOUSE OF REPRESENTATIVES 269

(c) Any such standard adopted by the commission shall be to the Department of Natural Resources for those natural
reviewed by the governor and cabinet, who shall accept, reject, resource programs which fall under its jurisdiction.
modify, or remand for further proceedings the standard within
60 days from the submission. Such review shall be appellate in PART II
nature; however, the governor and cabinet may, at their discre- Section 10. Subsection (2) of section 20.25, Florida
tion, take additional testimony. Hearings shall be in accordance Se tion 10. Subsection (2) of section 20.25, Florida Statutes,
with the formal proceedings of the Administrative Procedure is amended to read:
Act. 20.25 Department of natural resources.-There is created a
(3) Duties of the secretary.-In addition to those powers and Department of Natural Resources.
duties of heads of departments set forth in chapter 20, Florida (2) The following divisions of the Department of Natural
Statutes, the secretary shall employ legal counsel to represent Resources are established:
the department in matters affecting the department. (a) Division of Administrative Services.7
(4) Duties of the divisions- (b) Division of Marine Resources.7
(a) The Division of Administrative Services shall perform fe).- Divsiaci e4 interior eseeerur
duties including but not limited to personnel, fiscal, purchasing, (c).-a) Division of Game and Fresh Water Fish., afi
education and information.
(d)-(e- Division of Recreation and Parks.
(b) The Division of Environmental Programs shall perform
duties including but not limited to administration, coordination, (e) Division of Resource Management.
and supervision of programs relating to planning, grants air (f) Division of Law Enforcement.
quality, water quality, noise and solid waste management.
Section 11. Management and organization.-
(c) The Division of Environmental Services shall perform
duties including but not limited to the following: processing of (1) Within the Department of Natural Resources, there
applications for power plant site certifications pursuant to is created the position of deputy executive director, who shall
part II, chapter 403, Florida Statutes; processing of permits for aid in the overall management of the department. Four execu-
the construction of projects which are a part of developments of tive assistants may be appointed by the executive director to aid
regional impact and for which permitting authority has been in the overall management of the department.
assigned to the department; and processing of those other clas-
sifications of permits, licenses, and certificates which the secre- (2) The Division of Resource Management shall perform all
tary may designate. Where no environmental impact occurs, per- powers, duties, and functions of the Division of Interior Re-
mitting authority may be delegated to county or municipal sources not transferred elsewhere by this act. The division shall
government. The division shall also establish uniform pro- also perform functions including but not limited to preserva-
cedures and forms for the orderly determination of decisions tion, management, and protection of lands held by the state other
relating to permits, licenses, certificates, and exemptions. The than parks, recreational and wilderness areas, and shall carry
Division shall provide the necessary technical and legal support out the programs of coastal zone management, utilizing inter-
to carry out law enforcement functions of the department. The agency cooperation and agreements to insure the participa-
division shall supervise and direct all district operations. tion of other state and local agencies involved in coastal zone
management. The division shall also carry out the repsonsibili-
(5) Duties of the environmental district centers.-Under the ties of boundary determination pursuant to chapter 253, Flor-
supervision of the Division of Environmental Services all field ida Statutes.
services and inspections required in support of the decisions ofon of R n ad P s
the department relating to the issuance of permits, licenses (3) The Division of Recreation and Parks shall preserve,
certificates, or exemptions shall be accomplished at the environ- manage, regulate and protect all parks and recreational areas
mental district center level to the maximum extent practicable. held by the state and may provide these services by contract
or interagency agreement.
Section 6. The Department of Pollution Control is trans- Section 12. The Board of Trustees of the Internal Improve-
ferred by a type three transfer, as defined in s.20.06(3), Florida ment Trust Fund is merged into the Department of Natural
Statutes, to the department except for those duties vested in Resources, and all of the statutory powers, duties and functions,
the governor and cabinet under section 5(1) of this act, and ex- records, personnel, property, and unexpended balances of ap-
cept that all powers, duties, and functions of the Department of propriations, allocations, or other funds of the Board of Trus-
Pollution Control relating to the regulation of open burning tees of the Internal Improvement Trust Fund not transferred
connected with rural land clearing, agriculutral, or forestry elsewhere by this act, are transferred to the Department of
operations (except fires for cold or frost protection) are trans- Natural Resources. Notwithstanding any other provision of law
ferred by a type four transfer, as defined in s.20.06(4), Florida to the contrary, the uncommitted fund balance of the internal
Statutes, to the Department of Agriculture and Consumer Serv- improvement trust fund as of July 1, 1975, and all revenues
ices. subsequently accruing from sources now designated by law for
deposit in the internal improvement trust fund shall be deposited
Section 7. All powers, duties, and functions of the Board of in the land acquisition trust fund created by s.375.041 to be
Trustees of the Internal Improvement Trust Fund, relating to used in accordance with chapter 375, Florida Statutes. However,
the issuance of permits, certificates, and licenses and exemptions all the powers, duties, and functions of the Board of Trustees
pursuant to chapter 253, Florida Statutes, are transferred by of the Internal Improvement Trust Fund relating to trade-
a type four transfer, as defined in s.20.06(4), Florida Statutes, marks, copyrights, and patents not involving an interest in real
to the department. property, as enumerated in s.286.021 and s.286.031, Florida
Statutes, are transferred by a type four transfer, as defined in
Section 8. All powers, duties and functions of the Depart- s.20.06(4), Florida Statutes, to the Department of State.
ment of Natural Resources relating to permits, licenses, and
exemptions, pursuant to chapter 253, Florida Statutes, are Section 13. All powers, duties and functions of the Sea
transferred by a type four transfer, as defined in s.20.06(4), Resources Section of the Bureau of Sanitary Engineering of
Florida Statutes, to the department. the Division of Health of the Department of Health and Re-
habilitative Services relating to but not limited to the regula-
Section 9. Except for the coordination of governmental plan- tion of shellfish are transferred by a type four transfer, as
ning and programming activities, as provided in s.23.012, Flor- defined in s.20.06(4), Florida Statutes, to the Department of
-'~ ida Statutes, the powers, duties and functions of the Division Natural Resources.
of State Planning of the Department of Administration, pre-
scribed in part I of chapter 23, Florida Statutes, which relate Section 14. All powers, duties, and functions of the Division
to the development of the data for the environmental quality of State Planning of the Department of Administration pre-
portions of the State Comprehensive Plan, are transferred by scribed in chapter 380, Florida Statutes, not assigned else-
a type four transfer, as defined in s.20.06(4), Florida Statutes, where by this act, are transferred by a type four transfer, as
to the department for those environmental programs which fall defined in s.20.06(4), Florida Statutes, to the Department of
under its jurisdiction. Those powers, duties, and functions Natural Resources.
relating to the development of data for the natural resources
portions of the State Comprehensive Plan are transferred by Section 15. Subsection (17) of section 20.25, Florida Stat-
a type four transfer, as defined in s.20.06(4), Florida Statutes, utes, is amended to read:







1 15


270 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 23, ,1975

20.25 Department of natural resources.- Section 24. The Department of Environmental Regulatior
and the Department of Natural Resources shall accomplish this
There is created a Department of Natural Resources. reorganization within existing resources and appropriations
(17) The game and fresh water fish commission functions authorized by the legislature.
prescribed by chapter 372, are transferred by a type one trans- Section 25. If any porvision of this act or the application
fer to the Department of Natural Resources. The Department thereof to any person or circumstance is held invalid, the
of Natural Resources shall have authority pursuant to the type invalidity shall not affect other provisions or applications
one transfer to directly supervise, review, and approve the of the act which can be given effect without the invalid
commission's exercise of executive powers in the area of budget- provision or application, and to this end the provisions of this
ing. act are declared severable.
PART III Section 26. This act shall take effect July 1, 1975.
Section 16. The heads of the Department of Environmental Mr. Fulford moved the adoption of the amendment, which
Regulation and the Department of Natural Resources shall was adopted by two-thirds vote.
organize the internal structure of their respective departments
to conform to the requirements of this act in a manner which
will promote efficient and effective operation of the depart- Representative Fulford offered the following amendment:
ments. Such internal organization shall be completed prior to Amendment 2-Strike the title and insert: A bill to be entitled
"March 1, 1976. In accomplishing such organization, the head of An act relating to environmental reorganization;
each department shall allocate the duties and functions of the declaration of policy; defining terms; creating the Department
department among the divisions which are established by this of Environmental Regulation; creating five environmental dis-
act, and may, prior to March 1, 1976, establish bureaus, sections, tricts and authority for subdistricts; creating the Envronmen-
and subsections within such divisions without approval of the tal Regulation Commission and providing for review of the deci-
Department of Administration. No new bureaus, sections, or sins of the commission by the governor and cabinet; providing
subsections may be established within such divisions after March for appeals under chapter 253, Florida Statutes, to the governor
1, 1976, until approved by the Department of Administration and cabinet; providing for the governor and cabinet to perform
or by law. the duties of the Department of Pollution Control Board under
Section 17. On or before March 1, 1976, the secretary of the Florida Electrical Power Plant Siting Act; providing for
the Department of Environmental Regulation shall submit a exemption of certain activities from state regulation or stand-
report to the governor, and the executive director of the Depart- ard permitting procedures; transferring the Department of
ment of Natural Resources shall submit a report to the head Pollution Control to the Department of Environmental Regula-
of the Department of Natural Resources. The reports shall then tion except for certain powers, duties and functions vested in
be submitted to the speaker of the house of representatives the governor and cabinet and relating to open burning; trans-
and the president of the senate. The reports shall contain the ferring certain powers, duties and functions of the Board of
organization plan of each respective department in effect on Trustees of the Internal Improvement Trust Fundto the De
March 1, 1976, and a detailed description of the placement apartment of Environmental Regulation; transferring certain
within the departmental structure of all of the authorized powers, duties and functions of the Department of Natural Re-
and functions administere o accomplished by each sources to the Department of Environmental Reulation; pre-
programsn functions administered or accomplished by each scribing certain planning functions; amending s.20.25(2), Flor-
department ida Statutes, to create division of the Department of Natural
Section 18. The Department of Administration and all other Resources; merging the Board of Trustees of the Internal
state agencies shall assist and cooperate with the Department Improvement Trust Fund into the Department of Natural Re-
of Environmental Regulation and the Department of Natural sources except for certain powers, duties and functions relating
Resources to ensure the orderly and efficient transfer of the to trademarks, copyrights, and patents; transferring the powers,
powers, duties, functions, and agencies transferred by this act. duties and functions of the Department of Health and Rehabili-
tative Services relating to shellfish to the Department of
Section 19. Except as provided in section 253.122, 253.136 Natural Resources; transferring specified functions of the De-
403.510 and 403.511, Florida Statutes, nothing in this act shall apartment of Administration to the Department of Natural
be construed to have altered the authority of county and muni- Resources; providing authority for the alignment of units and
cipal governments as provided by law. functions of the Department of Environmental Regulation and
the Department of Natural Resources below the division level;
Section 20. requiring reports to the legislature; providing for cooperation
among affected agencies; providing for nonabrogation of rules
(1) Any rule or regulation of a public agency, in effect as and legal or administrative proceedings; directing the Division
of the effective date of this act, involved in or affected by the of Statutory Revision and Indexing to perform certain tasks;
reorganization of the executive agencies as set forth in this act, amending s.20.25(17), Florida Statutes, relating to the func-
to the extent it is not inconsistent with this act, shall remain tions of the Game and Fresh Water Fish Commission; repealing
in effect until it expires by its term or is specifically repealed .20.2, Florida Statutes, rlatingl to the creation of the Depart-
or revised as provided by law ^of Pollution Control; repealing s.20.27, Florida Statutes,
or revised as provided by law. 1974 Supplement, relating to the creation and renaming of the
Board of Trustees of the Internal Improvement Trust Fund;
(2) Nothing in this act shall alter or affect rights previously providing that reorganization be accomplished within existing
vested under chapter 880, Florida Statutes. resources and appropriations; providing for severability; pro-
Section 21. No legal or administrative proceeding pending viding an effective date.
as of the effective date of this act shall be abated or delayed Mr. Fulford moved the adoption of the amendment, which
because of any transfer made in this act, and any department to was adopted.
which are transferred the powers, duties, and functions of an
agency relating to a pending proceeding shall be substituted as a
party in interest in such proceedings. The question recurred on the passage of CS for CS for SB
p123. The vote was:
Section 22. All statutory law which names units of govern-
ment in the various agencies of the executive branch in a manner Yeas-113
in conflict with the nomenclature used herein is amended so as
to be consistent with the nomenclature used in this act. If any The Chair Burrall Culbreath Gallagher
agency, program, power, duty, or function transferred herein Andrews Campbell Dyer Gersten
is changed in name, or substance by another act of the legislature Avon Cherry Easley Gibson
"during the 1975 regular session, the agency, program, power, Barrett Clark, J. R. Eckhart Gordon
duty, or function, as amended, is transferred in a manner con- Batchelor Clem Fechtel Gorman
sistent with the intent expressed by this act. Belanger Considine Fontana Grizzle
Bell Conway Forbes Grosse
Section 23. Section 20.26, Florida Statutes, as amended by Blackburn Coolman Fortune Haben
chapter 73-256, Laws of Florida, and section 20.27, Florida Bloom Crabtree Foster Hagan
Statutes, as amended by chapter 74-329, Laws of Florida, are Boyd Craig Freeman Hagler
hereby repealed. Brown Crenshaw Fulford Harrington





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