January 20, 1983
TO: L. M. BLAIN, General Counsel
FROM: KAREN A. LLOYD, Attorney, Coordination & Research
RE: Outline of Existing Procedures for Lake
Level Rule Adoption
After discussion with Jay, Ed and Tricia, the outline was
revised as attached. This was in response to the attached
memo from W. D. Courser and Tricia.
Dr. Dooris and her staff and Bill Courser believe that the
original outline inaccurately describes the procedure now used.
Many of the changes were merely semantic but all the changes
made were necessary to correct the procedure or to make staff
feel comfortable supporting the outline.
The following is an attempt to succinctly state the reason for
the change in any particular paragraph.
Paragraph 1. Dr. Dooris believes that new board members
reading the outline for the first time should realize
that prior board direction has been established to guide
the staff in adopting lake levels. Dr. Dooris and her
staff wanted to be sure that new board members realize
that the staff is not acting on their own initiative.
Paragraph 3. Conversation is substituted for conference.
Dr. Dooris and her staff perhaps misunderstood paragraph
3 and it could be misunderstood by the board members.
The paragraph was therefore reworded and reorganized to
make it more clear.
Paragraph 4. This paragraph was rewritten to more accu-
rately reflect the notices that are actually given.
Paragraph 6. Again, this was reworded to reflect what
actually happens. Dr. Dooris and her staff felt the
first phrase of the original paragraph was not accurate.
She stated that the number of workshop sessions is always
predetermined. Legal explained that though it had never
been done, it could possibly happen that more workshops
January 20, 1983
L. M. Blain
than were originally scheduled would be needed and to avoid
giving a second notice, a workshop could be recessed to a
time certain. To clarify and correct, the paragraph was
cc: J. T. Ahern
J. E. Curren
G. W. Kuhl
January 20, 1983
TO: GOVERNING BOARD OF SWFWMD
FROM: L. M. BLAIN, General Counsel
RE: OUTLINE OF EXISTING PROCEDURES FOR LAKE LEVEL RULE
1. Staff completes a study and recommendation for proposed lake
levels based upon board direction established previously.
2. Staff advises the affected basin board that they are prepar-
ing to hold a workshop for the purpose of establishing a lake
level for a lake or lakes in that basin.
3. Staff holds informal conversations with interested parties,
prepares proposed levels, then requests the Governing Board to:
a. designate a Board member to serve as hearing
officer to preside at a lake level workshop and
public hearing on specified dates and places
b. initiate rulemaking on the proposed levels
4. Notices of the public workshops) and hearing, along with the
proposed levels are published in the Florida Administrative
Weekly. Notices are also sent by certified mail to all
owners of record, as listed on the latest tax rolls, owning
property on the lake or lakes involved. Notices are posted
around the lakes and notices of meetings are published in
5. The workshop is held. Sometimes a Governing Board member
attends. At other times, the workshop is conducted by staff
6. At the workshops, other informal meetings with groups request-
ing such meetings may be arranged. If it becomes apparent
that more than the originally scheduled workshop sessions
are needed, a workshop could be recessed to a time certain
(assuming space, time and date availability) or subsequent
workshops can be scheduled, noticed and held.
7. The Public Hearing is then held with a Governing Board member
presiding as a Hearing Officer.
8. After the Public Hearing, the Hearing Officer prepares (or
has prepared) a Recommended Order for consideration by the
Governing Board. The Recommended Order contains Findings of
Fact, Conclusions of Law and a Recommended Order.
9. The Governing Board considers the Recommended Order and takes
action. This usually includes adopting a Final Order, setting
forth levels and adopting a rule amendment placing the adopted
levels into the District Rules.