Title: Letter
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00002131/00001
 Material Information
Title: Letter
Physical Description: Book
Language: English
Publisher: Florida Audubon Society
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Letter, Jan 14, 1976, TO: Joseph Landers, Jr., From: Hal Scott
General Note: Box 10, Folder 2 ( SF Taxation, ad valorem tax referendum-SWFWMD-1976 - 1976 ), Item 83
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002131
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



January 14, 1976

Mr. Joseph W. Landers, Jr.
Secretary, Department of Environmental Regulation
2562 Executive Center Circle
Tallahassee, FL 32301

Dear Jay:

Enclosed you will find a copy of our recent Floid Conservation
Dlest article which deals with the combined effects of the Florida
Environmental Reorganisation Act of 1975 and the Administrative Procedures
Act (FS 120).

We want to take this opportunity to pomaend you and the staff of
the Department of Environmental Regulation for the impressive efforts
which have been made by your agency to achieve the implementation
of reorganization without sacrificing important environmental protection
policies and programs. Your success in administering the Department
during the reorganization process is particularly noteworthy in view
of the current budgetary situation which faces all agencies of state
government and the significant oversights and defects in the Reorganisation
Act itself.

Hopefully, the Legislature will act to correct the problems in the
C Reorganization Act which result in duplicative appeal procedures
and also pass legislation to combine the regulatory functions of
FS 253, FS 403 and FS 373 into one statute to more adequately protect
Florida's waters.

The Legislature may also need to address the growing complexity in
administrative hearing and rulemaking functions which has been caused
by the Administrative Procedures Act to assure that the constitutional
principle of the separation of powers is protected and to assure
that the expense of agency proceedings remains manageable and to
guarantee the public simplified access to the decision-making process.

Finally in closing, it seems appropriate to extend special recognition
to you and the staff of your Department regarding the proposed appellate
rules for the Environmental Regulation Commission which contain a
provision to avoid duplicative appeals in matters involving both

Mr. Joseph V. Landers, Jr.
January 14, 1976
Pag 2

PS 233 and FS 403. The proposed delegation of authority by the Regulation
Commission to the Governor and Cabinet to hear appeals arising under
PS 403 appears to greatly simplify the appellate process, thereby
avoiding expensive duplicative functions which would otherwise have
resulted from oversights in the Reorganisation Act.

We are confident that, with continued cooperation between the Legislatun
and the Executive Branch, the problems associated with reorgeniatatio
and the Administrative Procedures Act will be resolved In the public

Sin e,

P atc eat

cc. Governor Askew
The Florida Cabinet
The Florida Legislature

92 Lake Sybeia Drive P.O. Drawer? Maitland. Florida 32751
(n_1 647. 615__ t*-II-----------------------

i _~__~~_

University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs