Title: Final Order Authorizing Disbursement from the Water Resources Development Account in Favor of the Canal Authority of the State of Florida for Funding Management Studies Mandated by Chapter 79-167
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 Material Information
Title: Final Order Authorizing Disbursement from the Water Resources Development Account in Favor of the Canal Authority of the State of Florida for Funding Management Studies Mandated by Chapter 79-167
Physical Description: Book
Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Final Order Authorizing Disbursement from the Water Resources Development Account in Favor of the Canal Authority of the State of Florida for Funding Management Studies Mandated by Chapter 79-167 Order No.: OT-87-80
General Note: Box 9, Folder 13 ( SF -WRDA Funding History - 1979-1981 ), Item 3
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00001902
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
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BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION 3



In Re: )
)
Amendment to Resolutions No. )
70-WW-1 and 69-WW-10 involv-
ing Disbursements to Canal )
Authority of the State of ) Order No.: OT-87-80
Florida. )



FINAL ORDER AUTHORIZING DISBURSEMENT FROM
THE WATER RESOtRCES DEVELOPMENT ACCOUNT IN FAVQR OF THE
CANAL AUTHORITY OF THE STATE OF FLORIDA FOR FUNDING MANAGEMENT
STUDIES MANDATED BY CHAPTER 79-167, LAWS OF FLORIDA


FINDINGS OF FACT

1. Florida DNR Resolutions No. 79-WW-1 and 69-WW-10 (herein-

after the "Resolutions") authorized disbursement from the Water

Resources Development Account in favor of the Canal Authority of the

State of Florida for acquisition of rights-of-way for construction of

the Cross-Florida Barge Canal;

2. The Department of Environmental Regulation is the statutory

successor to the Department of Natural Resources concerning the con-

trol and management of the Water Resources Development Account pursuant

to Chapter 75-22, S11, Laws of Florida;

3. The management plans described above relate to the acquisition

of land for water storage areas or for administration and promotion of

the Canal Authority as specified in Section 373.498, Florida Statutes.


CONCLUSIONS OF LAW


1. The Attorney General of the State of Florida, by letter dated

April 28, 1980, has expressed the opinion that the Resolutions could

be amended by the Secretary of the Department of Environmental

Regulation. However, the Secretary must determine that use of monies

from the Water Resources Development Account could be used for the

management plans for retention or disposition of lands acquired for

the Cross-Florida Barge Canal and for lands comprising the Rodman

Dam and Rodman Reservoir, also known as Lake Ocklawaha.


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2. Chapter 79-167, Laws of Florida, allows use of monies

from the Water Resources Development Account for management plans

for retention or disposition of lands if the plans relate to the

acquisition of land for water storage areas or administration as

specified in Section 373.498, Florida Statutes.

It is hereby ORDERED, pursuant to the provisions of Section

373.498, Florida Statutes, that Resolutions No. 70-WW-1 and 69-WW-10

issued by the Florida Department of Natural Resources, are hereby

amended to authorize disbursement of funds conveyed pursuant to the

Resolutions by the Canal Authority of the State of Florida in an

amount sufficient to fund the management plans provided for in

Chapter 79-167, Laws of Florida. The plans shall be developed

pursuant to contract between the Canal Authority of the State of

Florida and the Florida Department of Natural Resources. This amend-

ment is made pursuant to a specific determination by the Secretary

of Environmental Regulation that the management plans contemplated

under Chapter 79-167, Laws of Florida, relate to the acquisition

of lands for water storage areas or for administration and promotion

of the Canal Authority as specified in Section 373.498, Florida

Statutes. This amendment shall be contingent upon execution of

a contract between the Canal Authority and the Florida Department

of Natural Resources which shall specify the amount to be disbursed

and which shall contain a plan of study consistent with the provisions

of Chapter 79-167, Laws of Florida. All other provisions of Resolu-

tions 70-WW-1 and 69-WW-10 remain in full force and effect.

Entered this 7" day of October, 1980.


STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION



Q h. A _/__-__
COB D. VARN
Secretary

2600 Blair Stone Road
Twin Towers Office Building
Tallahassee, Florida 32301
(904) 488-4807


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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing

has been furnished by U. S. Mail to Dr. Elton Gissendanner, Executive

Director, Department of Natural Resources, Commonwealth Building,

3900 Commonwealth Boulevard, Tallahassee, Florida 32303; Dawson A.

McQuaig, Esquire, General Counsel, City of Jacksonville, 1300 City

Hall, Jacksonville, Florida 32202, Honorable Jim Smith, Attorney

General, Capitol, Tallahassee, Florida 32301, James E. Reeder,

Chairman, Canal Authority, State of Florida, 803 Rosselle Street,

Jacksonville, Florida, this 7 day of October, 1980.



TERRY COLE
General Counsel

Department of Environmental
Regulation
2600 Blair Stone Road
Twin Towers Office Building
Tallahassee, Florida 32301
(904) 488-9730



































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