GIBBONS, TUCKER, MCEWEN, S -H, COFER & TAUB
A'Tf)RNEYS AND COUNSELLuHS AT LAW
M. G. 1III1ONS, 1802-1030
600 MADISON STREET. P.O. BOX 1363 J ouDurn oiWnoNS. 18oo.o-7o
JAMES MA. ICRWEIN, 1008.1970
TAMPA, FLORIDA 33001
i,. M. IIAIN rI ,LIP R. LIAZZARA
(813) 228-7841 JOS .rS n. COFER DAVID n. MCWDON
THOMAR E. CONE, JR. MALCOLM P. MICKLER, In
A. F'IIETCHIIE DYOHER nHAnDORD MILLER
AITIIUR R. GIBBON S WILLIAM R. PLATT
MYRON G(. GIBBONS ARMIN H. SMITH. JR.
ROIBJRT C. GIBBONS RICnARD N1. STEIN
March 28, 1977 SAMb M. onONS TEODORa C. TAUB
BRUCH S. GOLDSTBIN WM. IARALj TUOKRA B
JOHN A. GUTTON, JR. JACQUELINT B. WIATLBY
VICTOITIA L. IUNT RORnRT V. WILLIAMS
IN PLY HRIFER TOs
The Honorable Jack Shreve
Department of State
Tallahassee, Florida 32304
RE: Southwest Florida Water Management District Rules
As mentioned to you during our conversation on March 24,
1977, the water management districts are in process of
developing a uniform system for numbering the rules of
the respective districts. As soon as the system is
completed, each of the five water management districts
will be recodifying their rules. This will involve
wholesale change of rules since some rules will need
to be divided into two sections and others will need
to be combined.
At the time of these changes, it would seem appropriate
to also consider and resolve, once and for all, the
Recently Secretary Landers of DER has written the
Secretary of State asking that all water management
district rules be moved from Chapter 16 of the Florida
Administrative Code to Chapter 17. Some of the water
management districts disagree with this request, and
there has been no consensus on the matter.
I do not think this is worth making a big issue over.
However, it certainly would be nice to be able to put this
to rest once and for all.
Originally, rules of SWFWMD appeared in Chapter 357R-1 of
the Florida Administrative Code. Later this was changed
to 16CB. Our well drilling rules were then designated as
16CC. Later all water management rules were taken out of
the code altogether. Then in 1974 we were moved back to
Chapter 16 under DNR and SWFWMD rules were assigned to
GIBBONS, TUCKER, McEWEN. SM COFER & TAUB CONTINUING OUR LETTER OF
Chapter 16J of the code.
At that time, we requested that the water management
districts be given a separate chapter which could be considered
permanent. The Department of Natural Resources preferred
to have us remain as part of their rules.
There has been a continual confusion as to whether the
water management rules are actually rules of the Department
of Natural Resources or water management districts. For
example, look at the attached xerox of a page from the current
Florida Administrative Code where Northwest Florida Water
Management District rules are identified as Chapter 16G-1
of the rules of the Department of Natural Resources.
Obviously, this is incorrect.
This confusion will continue if our rules are changed to
17J. The best solution would be to have new separate
chapters for each of the water management districts. If
not possible, then the next best thing would be to have
a separate new chapter for all the water management districts
using a letter suffix, distinguishing rules of the respective
districts similar to the way in which it is used today.
There is ample precedent for having separate chapters. The
regional planning agencies are contained under Chapter 29
with separate letter suffixes A J. This is completely
separate and apart from the Division of State Planning.
There is a separate chapter for regional transportation
authorities. Chapter 31 has been assigned for the rules of
the Loxahatchee River Environmental Control District.
Chapter 32 has been assigned to the Florida State Fair
I have heard no logical reason why separate chapters should
not be assigned to the respective water management districts.
Each district has its own rule making power and the rules
are sufficiently extensive and affect large segments of
population throughout the state on a frequent basis which
would warrant a separate assignment.
Yourcareful consideration of this matter will be appreciated.
L. M. Blain
cc: Mr. John Wheeler Mr. Herb Webb
Mr. James Stidham Mr. Donald O. Morgan
Mr. Derrill S. McAteer Mr. Charles Littlejohn
Mr. D. R. Feaster
Mr. Myron G. Gibbons
i No. 67
SSupp. No. c77 GENERAL ORtGANIZATION ANI) PRIOCE'I)UI E CHAPTER 16-1
SO DEPARTMENT OF NATURAL 11 SOUR CES
GENERAL ORGANIZATION AND) PR OCEI)Ultl
16G-1.01 Gcnral District hereinafter referred to as the "District" was
SGG-.02 District Composition n rctc'reat by Chapter 72-299, Laws of Florida, as a
1G-C1.03 The Governing Board public agency for carrying out and effectuating the
S( 16G-1.04 G ene ral I)escription of District provisions of Cl pter 37 3, Florida Statutes.
Organization and Operation (2) As used in this chapter:
1 G-1.05 Exercise of Delegated Authority (a) "Department" means the department of
S16G-1.06 General Infor nation Concerning the natural resources or its successor agency or agencies
District (b) "Division" means the division of interior
16G-1.07 Statutory Chapters and Rules resources or its successor agency or agencies.
16G-1.08 Public Information and Inspection of (c) "Water management district" means any
Records flood control resource management, or water
16G-1.09 Public Access to District Business management district operating under the authority of
16G-1.10 Notice of Meetings this chapter.
16G-1.11 Agenda of Meetings and Workshops (d) "Governing Board" means he governing
16G-1.12 Emergency Meetings board of the Northwest Florida Water Management
16G-1.13 Commencement of Rlule Making District.
Proceeding (e) "Executive director" means the person
16G-1.14 Notice of Proceeding, and the Proposed employed by the governing board to direct the
Rules operations of the Northwest Florida Water
160-1.15 Content of Notice Management District, supervise staff and
16G-1.16 Petitions to Initiate Rule Making administrative procedures and execute policies
Proceedings promulgated by the governing board.
S16-1.17 Board Action on Petitions to Initiate Rule "easonableenefcial use" means
SMaking Proceeding, (). I "son"le-cHrcial use" means the use
1.18 Rule a king Prccding arin of water in such quantity as is necessary for economic
1 360.-1 .198 cule Makinlf Priceeding-- earning and efficient utilization for a purpose and in a
6-1 .19 escription (f licationby Reference manner which is both reasonable and consistent with
160-1.20 E'mergency Rule Hlearingtepublicinterest.
16G-1.21 )eclaratory Statements, General the pubc erest.
160-1.22 Purpose and Use of Declaratory Statement (natr) "Persona meartins any andi all ierns,
S16G-1.23 Board Disposition ntal or art, including any individual, firm,
"16G-1.24 Decisions Determining Substantial association, organization, partnership, business trust,
1 InLresios corporation, company, the United States of America,
161.25 Parties to Proceedings and the sate and all political subdivisions, regions,
S16-1.2 Appeartances districts, iuniciplaities, and public agencies thereof.
160-1.2 ACppearances The enumeration herein is not intended to be
16G-1.28 Joinder of Parties exclusive or exhaustive.
16G-1.29 Disqualification (h) "Substantially affected persons" means any
16G-1.30 Pre-hearing Conference and all persons, natural or artificial, including any
16G-1.31 Rule proceedingss Under S. 120.57, F.S. individual firm, association, organization,
16G-1.32 Req guests for Formal and Informal partnership, business, trust, corporation, company,
Proceedings the United States of America, and the state and all
16G-1.33 Amendment of Petitions political subdivisions, regions, districts,
1G6-1.34 Formal Proceeding municipalities, and public agencies thereof, which can
S16G-1.35 Continuance of lHearing or Extension.of show that they are substantially affected by'the rules
6 3 Time and regulations, policies, actions and authority of the
S16-1.36 Subpoenas district, the executive director and agents or staff
1GG-1.37 Witness Fees thereof.
'1GG-1.38 Transcript of I'roceedinsg (i) "Domestic use" means any use of water for
S16-1.39 Recommended OrdeI () r and Report individual lpersonl needs or for household purl)oses
6 160-1.40 Informall Procedrin gs such as drinking, bathing, heating, cooking, or
1G 6-1 .4 1 Submission of Evidence sanitation.
S 1G0-1 .42 Final Orders (j) "Noinrecgl ulated use'" means any use of water
S 1GG-1.43 Licensing (Genr;il whlichl is excinptCdl fromin rrgullation by thie provisions
S160-1.44 Alpplication for License of this chapter.
S1G-1.45 Suspension, Revocation, Annulment or (k) 'Waiter' or '"waters in tile state" meaCns any
vWithldrawal and all water on or beneath the surface of the grouiindl
S1GG-1.4G Emergency Action or in tlhe ati'i.Plerc, including natural or artificial
i wate'rciourses, lakc's, io)nils, or diffused surface wviatir
1GG-1.01 General. and water percolating, standing, or flowing beneath
(1) The Northwest Florida Water Management tie surface of the ground, as well as all costal waters