Title: Memorandum to Governing Board from L. M. Blain re: Lake Levels, which require that every lake to be regulated must be considered in public hearings,
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Title: Memorandum to Governing Board from L. M. Blain re: Lake Levels, which require that every lake to be regulated must be considered in public hearings,
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Spatial Coverage: North America -- United States of America -- Florida
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Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052503
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
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January 25, 1983



TO: Governing Board, February 2, 1983
FR: L. M. Blain
RE: Lake Levels



In 1978, it was explained to the Governing Board that every lake
to be regulated must be considered in public hearing. (Page 1,
Board Minutes of 3/1/78.) The staff was instructed to furnish
the Board Members with a complete package of materials relating
to lake levels and how it planned to proceed with the ,implementa-
tion and enforcement of lake level regulations (16J-8 now 40D-8,
FAC.) The following month, proposed rules were considered and
finally adopted on May 2, 1978. (Page 7, Board Minutes.)

On June 6, 1978, the Governing Board appointed a Board Member to
serve as hearing officer for the first lake level hearing following
adoption of the new rules. A Board Member suggested that an
informational meeting be scheduled prior to the actual hearings for
setting levels in order to obtain public input and comments on the
general lake level situation. It was also suggested that the staff
meet with county officials and any other interested agencies prior
to the first hearing to answer their questions ahead of time and
thereby allow more time at the meeting for public comment. (Page
12, Board Minutes.)

Hearings were held subsequently and the lake level process began.
Section 120.54, Fla. Stat., relating to rule making adoption
proceedings has been amended seven times since June 6, 1978. Over
intervening years as District staff responsibilities were re-
assigned, slight variations to the process were made.

In 1979, the Attorney General started amending the Model Rules.
These revisions took effect March 24, 1980, to clarify the language
in the Model Rules relating to rule adoption. A greater distinction
is made between public hearings for consideration of permit applica-
tions and public hearings for consideration of proposed rules.

A 1978 law amended section 120.54 to make it clear that rules may
be adopted without a public hearing if no request is made by an
affected party within 14 days of notice. However, Southwest Florida
Water Management District continues on its own initiation to hold
Public Workshops and Public Hearings in connection with each set of
lake levels.





L









Notice of Public Workshop (FAW, local paper, cert. mail,
posted at lake)
(7 days or more)
gathering #1 "Public Workshop" local area

Notice of Public Hearing (continued in above Notice-Reposted
at lake)
(21 days or more)
gathering #2 "Public Hearing" local area
at #2, advise when Board consideration will be given
agenda (not very specific)
(7 days or more)
gathering #3 "Governing Board Meeting" District headquarters






































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