BLAIN & CONE, P. A.
L. M. BLAIN 202 MADISON STREET
THOMAS E. CONE, JR. P. O. BOX 399
RUSSELL M. BLAIN May 5, 1980 TAMPA, FLORIDA 33601
GARY A. GIBBONS (813) 223-3888
FRED A. McCORMACK
222 SOUTH MONROE STREET
P. O. BOX 10449
TALLAHASSEE, FLORIDA 32301
REPLY TO: Tampa
Mr. Zane Leeper, Legislative Analyst
Joint Administrative Procedures
Room 120, Holland Building
Tallahassee, Florida 32304
Here's a copy of our request for delegation together with
a copy of Secretary Varn's response.
This should cure the problem we have with the ten-year flood
L. M. Blain
TWIN TOWERS OFFICE BUILDING BOB GRAHAM
2600 BLAIR STONE ROAD GOVERNOR
TALLAHASSEE, FLORIDA 32301 JACB D.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
Derrill S. McAteer A?
Board of Governors
Southwest Florida Water
5060 U.S. Highway 41, South / F
Brooksville, Florida 33512
RE: Delegation of Authority Under Chapter 373.026(4)
to Water Management Districts to Disseminate to
the Public Current and Useful Information Relating
to the Water Resources of the State.
Dear Chairman McAteer:
I have reviewed your letter of March 10, 1980, in which you
request that the Department delegate to the Southwest Florida
Water Management District the authority to prepare and provide
for dissemination to the public of current and useful information
relating to state water resources. In view of the Administrative
Procedure Committee's objections to the District's flood warning
level rule, your request is appropriate.
The Department is in the final stages of revising Chapter 17-1,
Florida Administrative Code, which contains provisions formally
delegating certain authority to the water management districts.
I propose to include in those revisions the delegation to the
Southwest Florida Water Management District which you have
requested. It is anticipated that these revisions will be
adopted within two months.
original typed on 100% recycled paper
Derrill S. McAteer
April 21, 1980
If you or your staff have any further questions or comments
concerning this matter, please contact me or Alfred W. Clark,
Office of General Counsel, who is responsible for the
revisions of Chapter 17-1.
Jzacob D. Varn
cc: Chuck Littlejohn
EST Southvwest Florcda
SWaiter Maagement District
191 5060 U.S. HIGHWAY 41, SOUTH BROOKSVILLE, FLORIDA 33512
1961 PHONE (904) 796-7211
GMTO DERRILL McATEER, Chaimn, Brooksville HELEN THOMPSON, St. Petrsburg JAMES CAMPBELL, Plart City
WM. O. STUBBS; JR., Vice Chairmn, Dade City B. T. LONGINO, Sarasta BRUCE A. SAMSON, Tanma
N. BROOKS JOHNS, Seaetary, Lakelad CLIFF STEPHENS, Clerwatr
RONALD B LAMBERT, Treaur, Wauchula DONALD R. FEASER, Executive Director
March 10, 1980
Jacob D. Varn, Secretary
Department of Environmental Regulation
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32301
Re: Delegation Of Authority Under Chapter 373.026(4) To Water Management
Districts To Disseminate To The Public Current And Useful Information
Relating To The Water Resources Of The State
Dear Secretary Varn:
In an effort to protect the water resources, the Southwest Florida Water
Management District has promulgated rules under Chapter 16J-8, Florida
Administrative Code, which include establishing minimum flows for designated
surface watercourses within the District's statutory boundaries.
Many of the surface watercourses cannot be fully fluctuated through either
water control facilities or through natural causes due to the cultural
changes and encroachment by construction around the water bodies. The
public needs to be advised concerning the potential of flooding of these
encroachments through natural or artificial causes and we propose a ten-year
flood warning level notice in the Chapter 8 rules. The establishment of
the ten-year flood warning level will complement and assist the District in
carrying out its flood control and aerial mapping of floodplain areas
throughout the District.
After we prepared the rule amendment and suggested levels along with a
ten-year flood warning level and filed it will the Joint Administrative
Procedure Committee under the requirements of the Administrative Procedure
Act of Chapter 120, Florida Statutes, an objection has been raised as to
the statutory authority of the District to promulgate a Ten-Year Flood
Warning level. Despite efforts by the staff of the District and the
Joint Administrative Procedures Committee to resolve any objections, the
objection continues to be raised by the Committee's staff. At the recent
February 13, 1980 meeting of the Joint Administrative Procedures Committee,
the objection to the District's Ten-Year Flood Warning Level was formally
presented as lacking statutory authority for the District to promulgate.
Enclosed is a copy of the memorandum dated February 13, 1980 from Carroll
Webb to the Committee setting forth the basts for the objection.
March 10, 1980
To: Jacob D. Varn
The most expedient means to overcome the objection is for the Department of
Environmental Regulation to delegate to the Water Management District this
authority. Therefore we respectfully request that you delegate to Southwest
Florida Water Management District the authority to prepare and provide for
dissemination to the public of current and useful information relating to
the water resources of the state within our District as authorized by
Florida Statutes, 373.026(4).
Should you feel additional information or details would assist you, please
feel free to contact me or the staff at the District.
Very truly yours,
DERRILL S. McATEER
Chairman, Board of Governors
cc: Governing Board