Title: Memorandum
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Title: Memorandum
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Memorandum To: Donald R. Feaster, Executive Director From: E. D. Vergara, Director, Dept. of Interagency Coordination June 10, 1976
General Note: Box 9, Folder 12 ( SF -Basins -SWFWMD-transfers - 1976 ), Item 3
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00001897
Volume ID: VID00001
Source Institution: Levin College of Law, 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



June 10, 1976 J

MEMORANDUM 3
TO: DONALD R. FEASTER, Executive Director
FROM: E. D. VERGARA, Director, Dept. of Interagency Coordination
Attached is an engrossed copy of S.B. 1274 as it was passed by both
House and Senate. The following is a layman's summary of the significant
changes to the current Chapter 373 that.will result:when S.B. 1274
becomes law. The summary is based upon a conversation with Buddy and
represents my understanding of his comments:
Section 1-establishes the boundaries of the Districts as of 11:59 p.m.,
December 31, 1976. Generally, Southwest will have the boundaries
mutually agreed upon by all the adjacent Districts except for .the area
consisting of the Ridge District that is now contiguous with our eastern
boundary. This entire area (excluding a small portion that will go to
St. Johns) will become part of Southwest.
We're in the process of putting all final boundaries on a state map,
and those of Southwest on a District map.
This section also adds Manatee and Sarasota Counties to Southwest.
Section 2-Transfer of Areas
Provides for transfer of basins and related matters such as:
1. All contractual obligations
2. All real property interests
3. Equipment
4. Vehicles
5. Other personal property
6. Records owned, located and used solely within that area by the
basin or District.
It also provides, however, that "the deliveries and conveyances required
in this section shall be deferred until the United States has approved
the assumption of the contractual obligations.by the receiving "district."
This means we must obtain approval front the Corps to release us from
our obligations toward C-231 and related structures and levees before
the transfer can be effected. This should be a priority. objective.
Section 3-Basins; Basin Boards
Provides for authority to designate or change basin boundaries to the
Governing Boards through the adoption of appropriate resolutions. This
authority is applicable to all districts except St. Johns.

(7)
Provides for Manasota area to become a Basin of Southwest "subject to
the same provisions as the other basins..."; also provides for those
members of the Manasota Basin Board,, as of 11:59 p.m. December 31, 1969,
to remain as Basin Board members following the transfer.

(8)
Provides that the Oklawaha Basin shall be transferred as a basin to







Mr. Donald Feaster


June 10, 1976


St. Johns. Basin Board members now serving on the Oklawaha Basin Board
shall remain as members of the Basin 'foard following the transfer. The
St. Johns District Board "may change (basin) boundaries but not abolish
the basin."
Section 4-Transitional Provisions

(1)
"As soon as practical..." The Governor is to designate one member of the
Ridge District Board, who resides within the Manasota Basin, to serve
ex officio as.a voting member of the Southwest District Board. This
member will be subject to the same rights, privileges, duties and
responsibilities as the other board members and he can do so while
continuing to serve as a member of the Ridge District Board until
December 31, 1976 at which time his membership on the Ridge District
Board shall terminate.
His membership on the Southwest District Board shall terminate
July, 1978. His membership shall be in addition to the Board's regular
9-member complement.

Similarly, a member of the Southwest Board residing within the Oklawaha
Basin shall be designated to serve on the St. Johns District Board with
all provisions of the previous paragraph being applicable except that
his term on the St. Johns Board shall not terminate until July, 1979.
Section 6-Governing Board

(1)(a)
Provides for revised residency requirements which will be phased in as
vacancies occur on the Governing Board. Provides for Southwest
District Governing Board members whose residences are still within
Southwest following the transfers on December 31, 1976, to remain on
the Governing Board until his term expires. This provision is applied
generally to all Districts which have changing boundaries.


(b)
Provides for residency requirements to be based upon areas designated on
USGS Map series #72. One member shall come from each of the following
watershed areas depicted on the map:
Withlachoochee River
Hillsborough, Alafia and Little Manatee Rivers
Peace River
Manatee and Myakka Rivers
South of the northern limits of the Anclote River Basin, including
all of Pinellas County; and .
Three members shall be appointed at large, however, no county shall have
more than two members and "provided further that Pinellas County and
Hillsborough County shall have two members."
Repealed was the provision authorizing Regional Planning Councils to be
able to carry out the provisions of Chapter 373 if its boundaries were
coterminous with those of a water management district and the DER so
delegated the authority.


F~f'J




I., . Ii '




3
Sections 7,8,9
(1)
Requires the Governing Board to establish a fee system that
"...shall reflect the cost to the District for processing....(any
required permit) application," Permit fees, however, shall not
be required from any governmental entity.

Section 9

(1)
Sets out legislative intent toward consumptive use permitting, i.e:

to provide a means whereby permitting consumptive uses
may be authorized by DER.
to limit the authorization of consumptive use permitting to
those set forth in 373.203-373.249-
to point out that these specific provisions supersede
any others with which they may be in conflict, as the
conflict pertains to regulation of consumptive uses; except
the provision of the Florida Power Plant Siting Act.

Section 10

(1)
Authorizes Governing Board or DER to authorize the holder of a
permit to "....transport and use...water...across county
boundaries...and no local government shall adopt or enforce any
law...to the contrary."

Section 11

Eliminates the need for a public hearing with regard to a
consumptive use permit request, if no objections are raised,
regardless of the amount. In otherwords, the Governing Board
may approve it after proper staff investigation if no objections
have been raised.
Section 12

(1)
Prevents the ad valorem tax approved on March 9, 1976 "for
water management purposes" from being levied by any agency other
than the water management districts set forth in Chapter 373,
"... and intends by this section to prevent any laws which would
allow other units of government to levy any portion of said
village." This doesn't affect other programs supported by
other sources of funding. It provides further that it would
require 3/5 of both Houses to change this intent as stated.









Section 12 continued

(2)
Provides for prorating the levy of taxes so that taxes can be
levied after 4 January 1977, pursuant to authority provided by
the March 9 constitutional amendment. This provision was necessary
in order to prevent delaying the availability of tax funds until
the end of the 1978 calendar year.

(3)
Provides authorization for each District to levy the following
maximum millages:
a. Northwest .05 mill
b. Suwannee .75 mill
c. St. Johns .375 mill
d. Southwest 1.0 mill
e. South .80 mill
Significantly, the maximum millage assessed for district purposes
shall not exceed 25% of the total authorized mi llage when there
are one or more basins in a district and the maximum millage
assessed for basin purposes shall hot exceed 75% of the total
authorized mileage. Note what this does to St. Johns and South
Florida's District millage capabilities both now have "one or
more" basins.
Section 13 Assistance to West Coast Regional Water Supply
Authority (WCRWSA)

(1)
Provides the Southwest to "assist" WCRWSA for a period of five
years, until December 31, 1981. Assistance will be provided by
the District using up to .05 mill Of its taxing authority, within
the area of the WCRWSA (Pasco, Pinellas and Hillsborough Counties).
This will result in the Basins taxing authority to be reduced
accordingly within this area, i.e., to a maximum of .7 mill.

The WCRWSA is to submit it's budget to the District Governing Board,
just as basins submit their's, but the Authority's budget will not
be subject to review by any of the basin boards or the District Board.
The District Board will levy the tax upon receipt of a Resolution
from the Authority requesting such; and, receipt of formal
certification of the adoption of the Authority's budget and the
required tax levy.
The millage will then be certified to the county property appraiser
and tax collection procedures carried out as they are in collecting
basin taxes.




*'
S' "

5

"The Governing Board...shall not be responsible for any actions or
lack of actions by the authority.u

According to Buddy, the full amount of the taxes collected,
less the tax collector's commission, will be disbursed to the
Authority, e.g., the District wil) not assess the Authority
any fee for administrative costs incurred.

Section 16

Each District and basin referred to in the act shall furnish a
detailed copy of its budget and past year's expenditures to "the
Governor, the Legislature and the governing body of each county...."

Each District, basin and authority "...shall make provisions for
an annual post-audit and performance audit of its financial accounts..."

Section 17

At 11:59, December 31, 1976, the St. Johns District shall assume
the Southwest's District contractual obligations toward the
Oklawaha Basin Recreation and Water Conservation and Control
Authority in Lake County, and the Lake Apopka Recreation and Water
Conservation and Control Authority of Orange County relating to
the operation and maintenance of the Burrell Lock and Dam facility
and the Apopka-Beauclair Lock and Dam respectively.

Section 21

The Act becomes effective upon becoming a law.

EDV:dr


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