Title: Memo: Implementation of the Water Management Constitutional Amendment
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Title: Memo: Implementation of the Water Management Constitutional Amendment
Physical Description: Book
Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Memo: Implementation of the Water Management Constitutional Amendment, March 17, 1976, To: Guy Spicola From: Philip Lewis
General Note: Box 10, Folder 2 ( SF Taxation, ad valorem tax referendum-SWFWMD-1976 - 1976 ), Item 9
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00002057
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
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608 NEW COMEAU BUILDING rMMITTEES:
CLEMATIS STREET EDUCATION
WEST PALM BEACH, FLORIDA 33401 ChOman
S3051832-3876 RULES AND CALENDAR,
Vice Chairman
AGRICULTURE
SENATOR PHILIP D. LEWIS WAYS AND MEANS
27TH DISTRICT

MEMORANDUM

TO: Senator Guy Spicola

FROM: Senator Philip D. Lewis

RE: Implementation of the Water Management Constitutional Amendment

DATE: March 17, 1976



First, let me start out by thanking you and all the members of your
staff for all the help that you gave us in the passage of the amend-
ment. With all the questions that were raised, and all of the flack
we caught for the two months or better, I really didn't think it would
pass but RIGHT prevailed.

This passage was due, in no small way, to your interest and the interest
of many members of the legislature, especially Gus Craig, Bob Graham
and Bill Fulford.

I hate to impose further on your good nature, but obviously you and
Bill Fulford and your respective committees are going to be burdened
with the implementation of this amendment. Several things that were
rated during the campaign, I think, must be put into any legislation
at we prepare:

1. A clear statement of legislative intent be established that
the amendment was to implement Chapter 373 Water Management Districts,
and none other. Certainly the legislative record of 1975 clearly indi-
cates that. I would urge you strongly to include that idea in any
legislation that you prepare.

2. The legislation be prepared to implement the authorization for
the villages in the various districts. I would hope that we would not
authorize a millage any where near one mill in most of the districts,
because there is simply no need at this time, from what I could see.
As an example, Central and South Florida, at present, are only levying
.375 mills. Why should we give them one mill? But we do have to
authorize millage to implement the amendment in at least the three
new districts, and correspondingly, we should do it for the two old
districts.

3. The question of representation (apportionment) must be ad-
dressed by us, or somebody is going to file their own legislation.
In this regard, Representative McKnight, in the House, has done one.
While at this time I am not wholly clear what it does, it seems to
me that it was much more responsible than some of the others that

DEMPSEY I. BARRON ALAN TRASK JOE BROWN JOHN D. MELTON
Piasident President Pro Tempore Secretary Sergeant at Arms
____________. .. .. ______________ ** "* *"""-~




-, i,,--__1U.>


Memorandum To: Senat) Guy Spicola, March 17, 1C6 Page 2

have been discussed with me regarding the matter of apportionment.
Suggest that we look into that matter.

4. We ought to mandate in all Chapter 373 districts the estab-
lishment of basin boards where applicable, as is in the Southwest
Florida Water Management District.

5. In responding to several of Senator MacKay's problems with
the amendment, we need to address the question of overlapping in the
various planning functions and environmental laws so that we can
clarify whose responsibility it is for the planning and implementation
of the various laws. This is no small job, if you look at the matrix
projected by the Department of Environmental Regulation just last
month. In short, we are going to have to examine all of the planning
requirements and environmental laws to make sure that there is'ade-
quate coordination among all of the agencies, such as the Department
of Natural Resources, Department of Environmental Regulation, Regional
Planning Councils, Game and Fresh Water FishCpmmiission and Division
of State Planning. .

6. I want to call to your attention, that in the constitutional
amendment there is the district line problem in the western line of
the Suwannee River Water Management District and the Northwest Florida
Water Management District. This will have to be carefully drawn in
the legislation. (There is a sliver of Leon County and Jefferson
County here that fall under the one mill cap instead of the 1/20th.)

7. Another area that needs to be cleared up in the statutes is
the responsibilities of the Department of Environmental Regulation to
the districts and the basin boards. While I think we all understand
the present policy, I believe it needs to be spelled out in the
statutes pretty clearly.

8. One area to be looked at is the proposed five district boun-
daries for accuracy as to their hydrological soundness.

9. The coordination of water managements programs with local
governments, regional planning agencies and other department of state
government.

10. Status report and uniform programs and rules for the water
use plan for the State.

11. To assure that state policy would continue to be ad valorem,
plus state funding, where appropriate.

12. The amendment is effective January 4, 1977; the tax rolls
and assessments are certified as of January 1, 1977, but what is the
effective date that the NEW districts can start taxing?

This probably does not hit on all the major items that were brought up
during the campaign, but it certainly touches some of them. I would
be pleased to meet with you and other members of the legislature to
help in any way that I can, even though it is out of the jurisdiction






I memorandum To: Senat Guy Spicola, March 17, 3(6 Page 3

of any of my present committee assignments. I would mention to you
however, that I do not envy you having to put all of this legislation
together. You are going to need some real legal help to do it and I
do not mean to shortchange any of your staff, Senator, but this is
complicated legislation that we are dealing with here and we need to
make sure we are doing it correctly. (You might want to get someone
to help you prepare the legislation.)

PDL:pg

cc: Honorable Dempsey J. Barron
Honorable Donald Tucker
Senator Robert Graham
Senator Kenneth MacKay
Representative Gus Craig
#O representative William Fulford




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