Title: Memorandum to SWFWMD from Staff Attorney
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00052280/00001
 Material Information
Title: Memorandum to SWFWMD from Staff Attorney
Alternate Title: Memorandum to SWFWMD from Staff Attorney re: Proposed CS/CS/SB 123 Florida Environmental Reorganization Act. Comments of the Deputies, Directors and Staff Attorney on the bill
Physical Description: 2p.
Language: English
Publication Date: April 8, 1975
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 4, Folder 10 ( SF - ENVIRONMENTAL REORGANIZATION ACT OF 1975. FLORIDA. ), Item 12
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052280
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

April 8, 1975




RE: Proposed CS/CS/SB 123 Florida Environmental
Reorganization Act

The comments of the Deputies, Directors and myself on the above referenced
bill are set forth below and are listed for clarity.

1. The existing water management districts remain intact as to
geographic boundaries, water resource responsibilities and
regulatory duties.

2. In place of Department of Natural Resources as the District's
overseer, the Division of Environmental Regulation is supervis-
ing the Districts.

3. Substantial environmental responsibilities such as water
qualitv are placed on the DistrictJ by merginc-.thi be tment
of Pollutio rControl in the new Division of Environmental

S4. The Water Mainaement Districts may be forced to accept state
perseonn from the merged Dlivitsi-ons being eliminated. his
0 could bring us into th-e state employee personnel classifica-

5. A greater demand upon District staff will be required to make
studies, inspections and reports on all activities having an
environmental impact. This will enable the expense of such
matters to be paid by the tax revenue of the District.

6. The Water Management Districts will be required to enforce
1 some of DPC's proposed rules on dredge and fill activities
which have been incorporated into the proposed bill even
0 though said rules may conflict with the District's Rules
concerning "Works of the District" and Management and Storage
of Surface Waters.

S7. All recreational and Park projects presently operated by the
Water Management District can be transferred to Division of
Recreation and Parks of the Department of Natural Resources
and relieve the District of said responsibility.

8. The Department of Environmental Regulation will exercise
general supervision over the Water Management Districts.
/ This raises an issue on whether the decisions of the Govern-
ing Board can be considered final and finding nr must wait
S the 3eU day period granted in the bill for an appeal before
the decision is final.

April 8, 1975
Page Two

Also, the proposed bill vests authority in the Division of
Environmental Regulation to make substantive water quality
and quantity criteria and make exemptions thereto. These
standards could be in direct conflict with the Water Manage-
ment District rules for consumptive use and flood control
quantities established to meet certain District and/or
federal requirements.
9. The proposed bill plans to locate the Environmental Districts
in the same location as the water management district with a
Manager and Governing Boards. This could allow the Governing
Boards and Manager-Executive Director to be the same or
different. When they are the same members for both, there
is no problem as to conflicts as to policy. However, when
there are two separate boards and chief administratorsconflicts
could arise as to overlapping authority responsibility and
which district has superior authority over the other colocated
district. Another item of consideration is the effect of
this bill on bringing the water management into the state
government organizational chart as a state agency and entitled
to state funds. If it has the formerly mentioned effect, the
District is faced with possibly losing its taxing power or keep-
ing separate budgets as to those functions which are funded by
district taxes and that supported by state appropriations. It
is also conceivable that all the functions be supported by
district taxes.


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