Title: Continuance of legal challenge to state water policy
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 Material Information
Title: Continuance of legal challenge to state water policy
Alternate Title: Continuance of legal challenge to state water policy in cases: No. 93-6632RP and 93-6633RP postponed until May 1, 1995, with copy of order attached.
Physical Description: 5p.
Language: English
Publication Date: June 2, 1994.
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 23 ( SF STATE WATER POLICY ), Item 12
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052876
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.

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| -Florida Land Council
'J Fn310 WEST COLLEGE AVENUE
TALLAHASSEE, FLORIDA 32301
(904) 222-7535


Nanv navis TO: Florida Land Council

Ben Hill Griffin, III
SVice O,.. FROM: Chuck Littlejoh
John King
SSUBJECT: State Water Policy
Richard Graves
"Treasurer DATE: June 2, 1994
Charles B. Littlejohn
Executive Director
We have succeeded in negotiating a continuance of the legal
challenge to state water policy until at least May 1, 1995. The
hearing set for this June 6-8 has been cancelled. The
continuance will provide us another year to work with the
Legislature on this issue.

Also, I've just been appointed to the Governor's Land and Water
Policy Planning Task Force which was directed by the Legislature
to address the subject of state water policy.

Attached is the Order Granting Continuance as issued on May 31,
1994.

Please call if you have questions.

Thanks.

CBL/11










STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS 19.
"iOcPPlNC, 8oYD,
FLORIDA FRUIT AND VEGETABLE ) PG Ls, e.A.
ASSOCIATION, )
)
Petitioner, )
)
vs. ) CASE NO. 93-6632RP
)
DEPARTMENT OF ENVIRONMENTAL )
PROTECTION, )
)
Respondent,
)
and )
)
SOUTHWEST FLORIDA WATER )
MANAGEMENT DISTRICT, )
Intervenor. )
)
ASSOCIATION OF FLORIDA COMMUNITY )
DEVELOPERS, FLORIDA FARM BUREAU )
FEDERATION, FLORIDA CATTLEMEN'S )
ASSOCIATION, DAIRY FARMERS, INC., )
FLORIDA ENGINEERING SOCIETY, )
FLORIDA FORESTRY ASSOCIATION, )
SUGAR CAN GROWERS COOPERATIVE OF )
FLORIDA and THE FLORIDA CHAMBER )
OF COMMERCE,
)
Petitioners,
)
vs. ) CASE NO. 93-6633RP
DEPARTMENT OF ENVIRONMENTAL )
PROTECTION and SOUTHWEST FLORIDA )
WATER MANAGEMENT DISTRICT, )
)
Respondent, )
)
and )

SOUTHWEST FLORIDA WATER )
MANAGEMENT DISTRICT, )
)
Intervenor. )
S____________________________________ )


4 .


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ORDER GRANTING CONTINUANCE
AND RESCHEDULING HEARING

These consolidated cases involve challenges to amendments to

Chapter 17-40, Florida Administrative Code, adopted by the

Environmental Regulation Commission on December 1, 1993. As set

forth in an Order Granting Continuance and Rescheduling Hearing

dated April 12, 1994, the hearing on the challenges filed in

these cases was postponed pending consideration of the issues

raised in these proceedings by the Florida Legislature during its

1994 session. The cases were rescheduled for hearing on June 8-

10, 1994.
On May 25, 1994, Counsel for Petitioner in Case No. 93-

6633RP filed a Joint Motion to Abate and Continue Final Hearing.

That Motion requests that the June 6-8, 1994 hearing be continued

in view of the actions taken by the Legislature. Specifically,

the Motion states that Section 13 of CS/CS/SB 1346 which was

passed during the 1994 Legislative Session, provides that the

challenged amendments will not become effective until July 1,

1995. In the meantime, the Land Use and Water Planning Task

Force has been directed to make recommendations to the 1995

Legislature on the mechanisms and procedures for establishing and

amending state water policy. Furthermore, the House and Senate

Natural Resources Committees are to make recommendations

regarding the amendments being challenged in these cases. In

view of these developments, the Motion requests that the

administrative challenges to the proposed amendments be placed in

abeyance pending the results of the 1995 Legislative Session.




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The Motion represents that all parties to these proceedings are

in agreement with this request. Good cause having been shown and

no opposition having been stated, it is

ORDERED:

The Joint Motion to Abate and Continue Final Hearing is

GRANTED and the hearing in this matter scheduled for June 6-8,

1994, is CANCELLED.

These cases are placed in abeyance until May 1, 1995. On or

before that date, the parties shall file a Status Report

indicating whether a hearing is necessary in these cases and, if

so, setting forth several mutually agreeable dates for scheduling

a hearing. Failure to file a Status Report on or before May 1,

1995 may result in the undersigned assuming that a hearing is no

longer necessary and the files of the Division of Administrative

Hearings in these matters may be closed without further notice.

The Joint Motion suggests that, if a hearing is necessary, such

hearing could be conducted on June 26-28, 1995. If a hearing is

necessary in these cases, a request for a hearing on these dates

should be renewed and confirmed in a Status Report filed on or

before May 1, 1995.

DONE and ORDERED this J_ day of May, 1994 at

Tallahassee, Leon County, Florida.


J. SPHEN ENTO, Hearing Officer
Div ion of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675





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Filed with the Clerk of the
Division of Administrative Hearings
this 3/ day of May 1994.
Copies furnished:

Terry Cole, Esq.
OERTEL, HOFFMAN, Et al.
P.O. BOX 6507
Tallahassee, FL 32314-6507

Keith Hetrick, Esq.
Dept. of Environmental Protection
2600 Blair Stone Road, Rm. 640
Tallahassee, FL 32399-2400

Jan McLean
Assistant General Counsel
Southwest Florida Water
Management District
2379 Broad Street
Brooksville; FL 34609-6899

Frank E. Matthews, Esq.
Post Office Box 6526
Tallahassee, FL 32314

Thomas G. Tomasello, Esq.
Post Office Box 6507
Tallahassee, FL 32314

Liz Cloud, Chief
Bureau of Administrative Code
Dept. of State
The Elliott Building
Tallahassee, FL 32399-0250

Carroll Webb, Exec. Director
Admin. Procedures Committee
Holland Bldg., Room 120
Tallahassee, FL 32399-1300-

James A. Robinson
Southwest Florida Water
Management District
2379 Broad Street
Brooksville, FL 34609-6899

Case Nos. 93-6632 and 6633
lIb








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