Title: Memorandum re Outline of Proposed Procedures for Lake Level Rule Adoption, with changes. Dec. 17, 1982. 4p.
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 Material Information
Title: Memorandum re Outline of Proposed Procedures for Lake Level Rule Adoption, with changes. Dec. 17, 1982. 4p.
Physical Description: Book
 Subjects
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: UF00052524
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

Anta,











TO: Governing Board of SWFWMD /
FR: L. M. Blain


OUTLINE OF PROPOSED PROCEDURES FOR LAKE LEVEL RULE ADOPTION
ATTORNEYS AND OTHER STAFF HAVE REVISED VARIOUS ALTERNATIVES TO
ESTABLISHING LAKE LEVELS AND PROPOSE FOR DISCUSSION PURPOSES THE
FOLLOWING:

1. Staff will complete a study and propose a lake level.

2. Staff will advise Basin Boards that they are preparing to
hold a workshop for the purpose of establishing a lake level
for a lake or lakes in that basin. The staff will continue
to keep the Basin Board informed throughout the proceedings.

3. Executive Director sets agenda for workshop and:

a. designates a staff member to preside, or
b. requests the Governing Board to designate a Board member
to preside.

[Chapters 40D-0.081(1) and 28-2.01(5), F.A.C. (1981)]

4. Publish notice of workshop in Florida Administrative Weekly.
Send notice by regular mail to landowners as required.

5. Hold the workshop. This will be for the specific purpose of
drafting a proposed rule setting levels. No official vote
may be taken at the workshop.

[Chapter 28-2.01(5), F.A.C. (1981)]

6. If more than one workshop session is needed, the workshop can
be recessed to a time certain to avoid giving a second
notice, or a second workshop subsequently can be scheduled,
noticed and held.

7. If staff and person presiding concur in the draft of the pro-
posed rule (lake level), it will then be put on the agenda
for a Governing Board meeting. There will be no formal
recommended order, there will be only a proposed lake level
rule.














Governing Board
Page 2
December 17, 1982



8. After consideration, Governing Board will:

a. reject, or
b. advertise (initiate formal rule making).

9. If the Board chooses to initiate formal rule making, it shall
set a date to:

a. hold a hearing on its own initiative, or
[Chapter 28-3.30, F.A.C. (1981)]
b. hold a hearing only if requested, as mandated by law.
[Chapter 28-3.31, F.A.C. (1981)]

10. Once hearing is complete, the lake level rule will be:

a. adopted,
b. continued,
c. modified, or
d. rejected.



LB1:GB-ME









LAW OFFICES
BLAIN & CONE, P. A.


L. M. BLAIN 202 MADISON STREET
THOMAS E. CONE, JR. December 17, 1982 P.O. BOX 399
GARY A. GIBBONS TAMPA, FLORIDA 33601
FRED A. McCORMACK (813) 223-3888
PETER J. T. TAYLOR
MALCOLM P. MICKLER, III
MIND K. OGDEN 206 SOUTH MONROE STREET
P. O. BOX 10449
TALLAHASSEE, FLORIDA 32301
(904) 222-0960


REPLY TO: Tampa Office


TO: 16& Governing Board of SWFWMD
FR: L. M. Blain


PRELIM!NA OUTLINE OF PROPOSED PROCEDURES FOR LAKE LEVEL RULE ADOPTION


1. Staff will complete a study aAd propose a lake level.

2. Staff will advise Basin Boards that they are preparing to hold
a workshop for the purpose of establishing a lake level for a
lake or lakes in that basin. The staff will continue to keep
the Basin Board informed throughout the proceedings.

3. Executive Director sets agenda for workshop and*designates a# /4
paswr to preside & 6-, 1. #^ /


_k--a~ ~--Be;r---paT^^EnwehreerT- d i^na.tedrtj^4 ed .LdE^,-6
A L..ejLb* .-. v. K .. *. jU"

4. Notice of workshop in Florida Administrative Weekly. ANotice to
landownerS as required,by District- .ules- bil Lu % by regular
Si 1--itT -p (B -,- :, /

5. pWorkshop, will be- hp.AforAspecific purp se of0rule draftig-
4setting levels No official vote ^drbe takenf- t? i-n .
[Chapter 28-2.01(5), F.A.C. (1981)]

6. If more than oneAsession is needed, workshop can be recessedA '^^s'
a second workshoDjan. be scheduled, 4(U/ Cd L .d F

7.If staff nd person presiding concur in the draft of the proposed, C
(ake leve it will then be put on the agenda for a Governing
Board meeting. There will be no formal recommended order, there
will be only a proposed lake level rule.

8. After consideration, Governing Board will:

a. reject, or
b. advertise (initiate formal rule making).








Governing Board
Page -2-
December 16, 1982


9. If the Board chooses to initiate formal rule making, it shall
set a date to:

a. hold a hearing, or
[Chapter 28-3.30, FA.C. (1981)]
b. hold a hearing only if requested, 6. A a 'Y,
[Chapter 28-3.31, F.A.C. (1981)]

10. Once hearing is complete, the lake level rule will be:

a. /modified ,
b. adopted,l
c. %ejected, or t
d. continued.1-q



LMB/mm





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