Title: Objections Report
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Permanent Link: http://ufdc.ufl.edu/WL00002189/00001
 Material Information
Title: Objections Report
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Objections Report, Conditions for a Consumptive Use Permit, 1976
General Note: Box 10, Folder 7 ( Unknown - 1979-1980 ), Item 8
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00002189
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

LNS TAI --I -I

S-JOINT AINISTRATIVE PROCEDURES Cd !TTEE

- OBJECTIONS REPORT


AGENCY: Southwest Florida Water Management District

RULE NUMBER: 16J-2.11(3)__

TITLE: Conditions for a Consumptive Use Permit.

OBJECTIONABLE PROVISION:
16J-2.11 Conditions for a Consumptive Use Permit.
*

(3) Issuance of a permit will be denied if the amount of
water consumptively used will exceed the water crop of lands owned,
leased, or otherwise controlled by the applicant. (Except where
determined otherwise, the water crop [precipitation less evapo-
transpiration] throughout the District will be assumed to be three
hundred sixty-five thousand (365,000) gallons per year per acre.)

CITED AGENCY AUTHORITY:
(a) Rulemaking (b) Implementation
S373.044, F.S. 373.223, F.S. TEXT
S373.113, F.S. ATTACHED.
S373.149, F.S.
S373.171, F.S. ALSO ATTACHED IS 373.042, F.S.
S373.216, F.S.
S373.249, F.S.




SPECIFIC OBJECTIONS:
iulu 16uJ-2.11 (3); Ece; ht.rity g_ ranted to Southwest Florida
Water Management District under 373.223, F.S., -44i.~ '4t- it attr.-=pt5
to.e.triLtthei.reasonable benef.icial..use standard, as defined in
373.019(5), F.S., to 1,000 gallons per day per acre on land owned,
leased or otherwise controlled by the applicant.

373.019 Definitions.--When appearing in this chapter or
in any rule, regulation, or order adopted pursuant thereto,
the following words shall, unless the context clearly in-
dicates otherwise, mean:
*

(5) "Reasonable-beneficial use" means the use of water in
such quantity as is necessary for economic and efficient
utilization for a purpose and in a manner which is both
reasonable and consistent with the public interest.
*

Under this rule, if a land owner wishes to withdraw more than 1,000
gallons per day per acre on land owi.ned, leased or otherwise controlled
by him, the issuance of the permit will be denied unless the Board grants
an exception to the rule under subsection (5) of the rule for good cause
shown.

The legislature of Flordjda^^, ,.^ gec.lag>-;J s-

t E tha:%0tQt OfXi[ individual _owned;. .'lFlorida law now
permits ainy landowner to wi L,-hraw. all the wator from his land he can
reasonably and beneficially use, provided that he does not injure adja-
cent lands. This principle of 3],Lw, thi common law concerning water use
and wit'hdr.-wal, and the -rijht of the Florida legislature to determine
what law should yvern wat-er wi hl:,dra%,val. Ihas been ignored by the promu]-
qation of the water crop I:h:-ory co~-.id ned in the district's rule
16J-2.1] (3).

It is respectfully s.,ulmittced that ther Leg srlat-ure in enacting
Chaptr-r 373, F.S., never jitende:,i to Jim.iJ olii: !:ipti.v use withdrawal
of water to 1,000 gallons pcri c,,y p', :icro,:, nor did .it iiit;,nd for this
crj t(!: i, to )be used a.n; a coi'.litici rfor the gI.Slni:.iLg of a c:n(,su.lpt.ive
u; .. -* a t ,.nwel r j'rt 71 o'. tha.: cli;;-.t r. .
~ ,.^ ,* ... 0* '.




Ii ii.i-



- e



















373,223 Conditions for a permit.-
(1) lTo obtain a r*2rnit pursuant to the provisions
ofthi. chapt:er. the atpphicant must cistablish that the
propost-d use ofwa wtr:
(a) Is a reaz:onaeeblt lx.nficiad use as defined in a.
373.019.5s) and
(b) Will not inter!iRre with any presently existing
Trim] use of water; nnd
(c) Is consistent with the public initCrcst.
(2) The governir:g bLtz'rd or the department may
aunliori:; the holdr oi'a usC permit to transport and
use ground or surtcwa c!:er bh.yord overlying land
or outside the rroi mhci rom wihic'h it is taken if tho
gomcrnin; bo-rd cr der'arrmiit,& c termines that
such transport at,,d uEso is consistent with the public
interest.
(3) 'The .overning: board or the department, by
regulation. may rc:.erve from use 1-y -v rpLit aippli-
can1ts, water in such kcim:lls iolld cquainthiths, amid lbr
s'uch s-easons of the yvar. as in its jt mencnt may be
required for thc p:ro-c-tion offisha a!d willedlifu or the
p lichealibh and ,-iA-tv. Such liesrvatu',ns mhrdl bc
subject to periodic r,.xkw rind revis,~n ill the li:"ht, of
rb.-wced concxuions. 11ovc-ver. Ml lr-c;Sentlv existing

uSe is 11ot Conr.rarv to 1i1e 1utAic ic.1ert.
















373.0-12 M i%:vu.mn flows and v' Wthi
c.--h scct;.:.. or W:iL'r secltoi ,i t.:i' di:3rict tvs -I
vwhoh'c, tl... dpr' :.Or thL: gover~mni;.. 6U-'r A.111hm

tiN-tro rc

t ~.:'.Z:~~r..:: t1?\i thr~I a`L *e;i:ji~ \\Zt('CltCrzC
sihah be ;:X li: .'A; wjaich ij t%.:o-w %v ldrawals
vwi(R9dlrl4I' '~ .t th ivac~tq'I I*-,


l 0vel shii ti;'' I. o velum.d ae' I: i 'lluifer
;dthz ld ~jr.t:i~ furt her wil I

1-( 0.i-1ev of Vlk' !. .1.
ifl in..;~Ull ~ ,~~iiini'1V. elehlvel slmdll






...........


"-~-~~-"' ~ ------ "---- ---C1 -^-~---~L..





4111 i-4

i>To 4THE FLORIDA LEGISLATURE
^ JOINT ADMINISTRATIVE PROCEDURES COMMITTEE




REPRESENTATIVE ROBERT C. HECTOR, Chairman CARROLL WEBB. EXECUTIVE DIRECTOR
SENATOR PHILIP D. LEWIS, Vice Chairman Room 120, Holland Building
SENATOR BOB SAUNDERS Tallahassee, Florida 32304
SENATOR JOHN T. WARE Telephone (904) 488-9110
REPRESENTATIVE CHARLES W. BOYD
REPRESENTATIVE S. CURTIS KISER

JOINT ADMINISTRATIVE PROCEDURES COMMITTEE
FEBRUARY 9, 1976, MEETING

COMMITTEE MEETING MINUTES

The meeting was called to order by Senator Lewis at 10:40 a.m.
Senator Lewis acted as Committee Chairman for Representative Hector,
who was absent.

Senator Lewis then yielded to Mr. Webb. The meeting began as
scheduled with the first item on the agenda, which was a presentation
of the status report by Mr. Webb.

REPORT ON RULES OBJECTED TO AT THE JANUARY MEETING

1. Department of Professional and Occupational Regulation
Barber's Commission
Rule 21C-4.01 & 4.02 The Commission is in the process of modifying
the rule.

2. Public Employees Relations Commission
Rule 8H-8.01 Commission is in the process of modifying the rule.

3. Department of Transportation
Rule 14-8.01 Agency is in the process of modifying the rule.

4. Department of Professional and Occupational Regulation
Board of Nursing
210-9.02(4)(d), (5) & (6) Agency will modify to meet the Committee
objections.

5. Department of Banking and Finance
3E-30.04 3E-10.04(9),(10), (11),(12)
3E-30 3E-30.05(1)
30.06 3E-30.05(2)
30.06(2) (b) 3E-30.05(3)
30.06(2) (c) 3E-30.06(4)
30.08(2) 3E-30.17
30.09(1) (b)
30.09(1) (c)
30.10
30.13
The Department will modify to meet the Committee's objections.









-2-

6. Secretary of State
Rule 1C-1.18
1C-1.23
1C-1.30
Agency will modify to meet the Committee objections.

7. Department of Natural Resources
Rule 16C-9.07(3)
16C-9.07(3) (b) & (4)
16C-9.07(5)(f)
16C-9.07(6),(7),(8)
Agency will modify to meet the Committee objections.

8. Department of Environmental Regulation report given by Burke
Jolly, Staff Attorney.
Rule 17-4.04(10)(k) Agency probably will not modify
17-4.04(10)(c) Agency probably will not modify, but DER


17-4.04(10)(f

17-4.28(4) (f)







17-4.28(11)

17-4.29


committee staff are working on the rule.
) Agency probably will not modify, but DER and
committee staff are working on the rule.
Mr. Jolly recommended that the Committee with-
draw its objection on the ground that DER has
furnished information which indicates that
"embedded" is a technical term in industry and
was probably used in a technical sense in the
statute.
Representative Kiser moved to withdraw the objec-
tion.
The Committee concurred.
All of Chapter 17-4.28 is in the process of being
redrafted.
All of Chapter 17-4.29 is in the process of being
redrafted.


17-16.09
17-16.15(5)
17-16.01(1), (2)&(3)
17-16.02(2), (3), (4), (5)
17-16.03(1) (b), (2) (b) ,(3) (a), (5),(6),(7)
17-16.04(2)
17-16.05(2), (3),(4)
17-16.06
17-16.08(.) (a),() (b)
17-16.11(1)
17-16.12() (2),(3),(4),(5)
17-16.13(2)
17-16.15(1), (3) ,(4),(5),(6)
17-16.16
17-16.02(4),(5),(6)
17-16.03(1),(2),(3),(4)
17-16.03(1) (b), (2) (b),(3) (a),(4) (a)
17-16.03(2) (c) (3) (4)
17-16.13
17-16.01 thru 16.16
17-16.05(2),(3),(4)
17-16.04


and


CT
C11




*i I ,I d. .:L .. I. -<---------- h- '- ^:1 'II;II /.H.^-



-3-


17-16.08
17-16.07
17-16.10
17-16.11
17-16 Facts and Circumstances
17-16 Form of Amendment
All of Chapter 17-16 is in the process of being redrafted, with
the exception of 17-16.07.

Senator Lewis discussed the possible need of legislation by the
Committee on rules which have been objected to and not modified
by the agency.

9. Department of Banking and Finance
Rule 3D-40.08 The staff reported to the Committee that this rule
was proposed by the Department of Banking and Finance to meet the
Committee's prior objections to Rule 3D-40.08, and was in the pro-
cess of being modified to meet objections.

RULE OBJECTIONS

1. Department of Professional and Occupational Regulation
Board of Dentistry
Rule 21G-3.03(b)
Representative Boyd moved to object.
The Committee concurred.

2. Commission on Ethics
Rule 34-1.02(1)
Representative Kiser moved to object.
The Committee concurred.

Rule 34-1.04(4)
Mr. Larry Gonzalez, Executive Director of the Ethics Commission,
was present to represent the Commission. He stated that he felt
that the objection that had been raised is something that can be
handled in the discretion of the Chairman. He felt that if handled
in the proper manner, confidentiality would not be breached.
Senator Lewis moved to temporarily pass this rule, to give the
Commission an opportunity to work on it.
Sam Spector was then recognized. He stated that the rule was clearly
in violation of the statutes, and recommended that the Committee
uphold the objection of the Committee staff.
Representative Kiser moved to uphold the objection.
The Committee concurred.

Rule 34-1.06(1)
Senator Saunders moved to uphold the objection.
The Committee concurred.

3. Loxahatchee River Environmental Control District
Rules 31-3.16
31-3.20
Senator Ware moved to uphold the objection.
The Committee concurred.






.,,-
-4-

4. Department of Banking and Finance
Rule 3A-40.02(11) (Division of Personnel Rule 22A-2.17B)
Representative Kiser moved to uphold the objection on all rules
based on the policy statement.
The Committee concurred.

Rule 3A-40.20
Representative Boyd moved to uphold the objection.
The Committee concurred.

Rule 3C-22.03
Senator Saunders moved to uphold the objection.
The Committee concurred.

Rule 3D-10.02
Representative Boyd moved to uphold the objection.
The Committee concurred.

Rule 3D-50.08
Representative Boyd moved to uphold the objection.
The Committee concurred.

Rule 3D-160.14(2)
Senator Ware moved to uphold the objection.
The Committee concurred.

5. Department of General Services
Rule 13D-2.03
Senator Saunders moved to uphold the objection based on the
inadequate economic impact statement.
The Committee concurred.

6. Northwest Florida Water Management District
Rule 16G-1.01(2) (h)
Representative Kiser moved to uphold the objection.
The Committee concurred.

Senator Lewis then asked if it would be out of order to take up
the Real Estate Commission and the Department of Business Regu-
lation, since the water management districts seemed to be so
lengthy.

(The rest of the Northwest Florida Water Management District rules
were brought up later on the agenda.)

7. Department of Professional and Occupational Regulations
Florida Real Estate Commission
Rule 21V-3.01 thru 3.07
Howard Hadley, General Counsel of the Florida Real Estate Commission,
was recognized. He stated that a petition on this rule had been
filed with the Division of Hearing Officers by an affected party,
and that, as of this date, he had not been formally informed of the
contest of the rule by the Division.






S- -5-


Sam Spector, attorney for the affected party, was recognized. He
stated that he had been proceeding on the understanding that when a
rule is challenged, it can not be made effective.
The Director suggested that the rule be temporarily passed until the
rule becomes effective.
Senator Lewis moved that the rule be temporarily passed.
The Committee concurred.

The meeting adjourned at 12:20 p.m. for lunch.

The meeting reconvened at 1:30 p.m.

8. Department of Business Regulation
Division of Beverage
Rule 7A-4.12(2)
Senator Saunders moved to uphold the objection.
The Committee concurred.

Rule 7A-4.11
Charles Curtis, General Counsel for the Division of Beverage, was
recognized.
Senator Lewis moved to temporarily pass this rule to give the Division
time to change the cited authority.
The Committee concurred.

Rule 7A-4.01
Representative Kiser moved to uphold the objection.
The Committee concurred.

Rules 7A-3.19(11)
7A-2.07(2)
7A-4.08(a)
Senator Lewis moved to temporarily pass these rules.
The Committee concurred.

Rule 7A-4.26
Appearances were made by the following:
Charles Curtis, General Counsel for the Division of Beverage
John C. Lee, representing Distilled Spirits Wholesalers of Florida
Charles Nuzum, Director, Division of Beverage
Charles Davis, representing ABC Liquors
Lee L. Willis, representing Beer Industries of Florida
Sy Chadroff, representing Big Daddy's Lounges, Inc.
Sam Spector, representing Distilled Spirits Wholesalers of Florida
Emerson Allsworth, representing several interested parties

Representative Boyd moved to uphold the objection.
The Committee voted. Senator Saunders voted no, all the other
members voted yes. The objection was upheld.

Rule 7A-4.47
Senator Ware moved to temporarily pass this rule.
The Committee concurred.

Emerson Allsworth requested to be heard on Rules 7A-3.44 and 3.45.
Senator Lewis denied Mr. Allsworth permission to speak because
these rules were not on the agenda.


I k i i h







-6-

Richard Adams, representing Grantham Distributors, requested td-
be heard on Rule 7A-4.251. Senator Lewis granted permission to
speak for three minutes. G. P. Woodard, representing Winn Dixl,.
Stores, requested to be heard on Rule 7A-4.251, and was recogni. ..

The meeting adjourned at 3:35 p.m. for a recess.

The meeting reconvened at 3:45 p.m.

9. Senator Saudners moved to uphold the Committee objections on th,
following agencies, and the Committee concurred.

Northwest Florida Water Management District
Rules 16G-1.06
16G-1.15
16G-1.32(1)
16G-3.12

Suwannee River Water Management District
Rules 16H-1.27(3) and (4)
16H-3.03

St. Johns River Water Management District
Rules 161-1.06
161-1.07(3)
161-1.10
161-1.12(1)
161-1.14(7)

10. Southwest Florida Water Management District
Rul "-i6'- 0 001 (-ioY0 '
Representative Kiser moved to uphold the objection.
The Committee concurred.

Rule
Senator Saunders moved to uphold the objection.
The Committee concurred.

Rules I 4a") (-

b eY


Representative Boyd moved to uphold the objection.
The Committee concurred.

Jay Ahern, Staff Counsel for the Southwest Florida Water Management
District, was recognized by Senator Lewis to speak on behalf of the
District.

11. Central and Southern Florida Flood Control District
Rules 16K-1.062
16K-2.11(2)
16K-2.13(2)
16K-2.15(2)
16K-4.03(2)
Senator Ware moved to uphold the objection.
The Committee concurred.







-7-

William B. Storch, representing Central dnd Southern Florida Flood
Control District, was recognized to speak on behalf of the District.
John Allen, Special Counsel, Pinellas County was also recognized.

The Committee suggested that the water management districts hold a
meeting to attempt to devise a set of procedural rules, instead of
each district working solely on their own volition.

In closing, Senator Lewis suggested to Mr. Webb that he wants to
talk to Representative Hector to set up a subcommittee to go into
the Hearing Officer Division before the next session of the Legis-
lature.

Representative Boyd moved that the Committee rise, which motion
was agreed to at 4:45 p.m.





Q i THE FLORIDA LEGISLATURE
JOINT ADMINISTRATIVE PROCEDURES COMMITTEE




SENATOR PHILIP D. LEWIS. Chuirmn CARROLL WE B.E XECU1 IVE OI SECTOR
REPRESENTATIVE ROBERT C. HECTOR, Vice Choirman Room 40, Senate Office building
SENATOR 80 SAUNDERS Tallahatssee. Flofida 32304
SENATOR JS SA1 ND WARETelephone (904) 483-9110
SENATOR JOHN T. WARE
REPRESENTATIVE CHARLES W. BOYD
REPRESENTATIVE S. CURTIS KISER

AGENDA
ADMINISTRATIVE PROCEDURES COMMITTEE MEETING
JUNE 2, 1976
ROOM 24, HOUSE OFFICE BUILDING ..


1. Status Report

2. Rules objected to at the May Meeting:

Department of Professional and Occupational Regulation
Board of Examiners of Psychology
Rule: 21U-2.06(5) (Refuse to Modify)

3. Report on rules objected to at the February meeting but
final report not made at the May meeting.

Southwest Florida Water Management District
Rules: 16J-0.001(10) (Refiled to Modify)
16J-1.14(2)
16J-2.11(3)
16J-2.11(4) (a)
16J-2.11(4) (b)
@ ` -2 2 -1i I 1 4 *.
.LUU XL- % j UJ
16J-2.23
16J-4.16(2)

4. Rule Objections

Department of Health and Rehabilitative Services
Rules: 10D-25.2d(1),(2),(3)
10C-25.0i thru 25.05

Department of Prbfessional and Occupational Regulation
Board of Veterinhry Medicine
Rule: 21X-8.05(2)(d),(e)
21X-6.12

Department of Professional and Occupational Regulation
Board of Osteopathic Medicial Examiners
Rule 21R-4.04

Department of Professional and Occupational Regulation
Florida Real Estate Commission
Rule 21V-1.02


5. Appearances




*o -


THE FLORIDA LEGISLATURE
JOINT ADMINISTRATIVE PROCEDURES COMMITTEE




REPRESENTATIVE ROBERT C. HECTOR, Chairman CARROLL WEBB, EXECUTIVE DIRECTOR
SENATOR PHILIP D. LEWIS, Vice Chairman Room 120, Holland Building
SENATOR BOB SAUNDERS Talaphon Florida 323489110
SENATOR JOHN T. WARE Telephone (904) 48-110
REPRESENTATIVE CHARLES W. BOYD
REPRESENTATIVE S. CURTIS KISER
ADMINISTRATIVE PROCEDURES COMMITTEE MEETING
JUNE 2, 1976
HOUSE OFFICE BUILDING



COMMITTEE MEETING MINUTES


The Chairman opened the meeting at 8:15, a.m., all
the members were present with the exception of Representative
Boyd. Mr. Webb requested that because of the time frame could
we began with the Recommended Rule Objections.

The rule objections are as follows:

Department of Health and Rehabilitative Services
Rule: 10D-25.26(1),(2),(3)
Representative Kiser moved to object
The Committee concurred

Department of Health and Rehabilitative Services
Rule: 10OD-25.01 thru 25.05
Senator Lewis moved to object
The Committee concurred

Department of Professional and Occupational Regulation
Board of Veterinary Medicine
Rule: 21X-8.05(2) (d),(e)
Senator'Lewis moved to object
The Committee concurred

Department of Professional and Occupational Regulation
Board of Osteopathic Medical Examiners
Rule: 21R-4.04
Senator Lewis moved to object
The Committee concurred

Department of Professional ,and Occupational Regulation
Board of Real Estate Commission
Rule 21V-1.02
Senator Lewis moved to object
The Committee concurred


L JA. 1, I


~c-Y------
*










Committee Meeting Minutes
Page 2
June 8, 1976

Mr. Webb presented the rules objected to at the May
meeting.

Senator Lewis suggested that the staff conduct a review
to determine which agencies refused to modify their rules sub-
sequent to the Committee objections amd make a report to the
committee prior to the next meeting. Senator Lewis said we may
even have to consider going to a Hearing Officer or even
before the District Court of Appeal.

The Committee adjourned at 9:00 a.m. so that the
Committee members could attend session.

The- Commi-tteea.reconvened-.at 312,: 15-.-p.m. .to. listen to the
presentations. from Mr-.- Pick .ai._ is rW and and-.
Mr..^BpddvJ l~ne _jcoh cirop rhwwe s QT irfda
i rEf tnemih IDistdric a takin1 any enforcement stand,' because o-- the separation of.
abwerjF estj. o-.
gathoaq'emEpoart)Fg gaht~ac" io-un ti1
i^B^^^ ,.?^6^0^61^"^ -


Adjourned at 1:00 p.m.




. Id, 1 1


TRANSCRIPT OF LAtb PORTION OF APC MEETING, JuoiE 2, 1976


Senator Lewis:


Rep. Hector:

Senator Lewis:



Mr. Webb: ..





Senator Lewis:





- ME~I ratWE ~


From the testimony on both sides, I am going to
make a motion, if you don't mind.

State your motion.

I understand we are here either to withdraw our
previous objection, isn't that what we are here
for. basically.

.To accept what the occurance today would be that
having objected, and as I have said, I am not sure
that the rules actually require you to do anything
if you are going to accept the amendment and say
that they have modified the objection.

n- 0an-
I



Mr. Chairman, may we address that point before you
make a decision. S4QCOip.jqu
jfciTt:idfa.bgnyQ ob'j.ci6n;..because.. your. objefction
iW611iEtaken.Z We have submitted a proposed revision
to these rules, and have gone through the hearing
process. The thing that is before you now is to
whether you now awnt to take affirmative action and
object to the proposed rule, whether you want to
hold it in abeyance, whether you want to take no
action or whether you want to sanction the proposed
rule. Now let me make a suggestion from our District
We had a hearing on this a month ago, and by the way,
your staff has a copy of a partial copy of that
transcript and was offered the total thing if they
wanted it. It is available to them if they need.
We continued that hearing until yesterday thinking
you would have your meeting. lYesterday we reported
that your staff had indicated that they were recommend
ing that we admit the objections, but that you had
not met and were meeting this morning. So they con-
tinued the meeting until today. Now today they are
starting again at 1:00 and I called them and said
hold up until we see what happens. I will call back
and suggest that they take no further action on this
for a month, or whatever time seems appropriate.
We will schedule another public hearing to keep the
matter open, and then such time as is convenient for
this committee, and you can give us adequate time
to come in we will give you the lesson in hydrology,
and we will talk about the total thing and why the
rule seems reasonable to us. We think, we have. met-- r
the criteria as.far as the legal authority to adopt
the:rule, if you are only addressing whether it is
reasonable or not, then fine, we will all center on
this.




l:Y i i ii6il


-S
S,r


Senator Ware:


















Senator Lewis:



Senator Ware:

Senator Lewis:


Rep. Kiser:

Rep. Hector:

Senator Ware:



Mr.


Senator Ware:


Mr. Webb:


6


(Inaudible) But I think we ought to be considering
this too. My concern is was this the legislative
intent when we did it. In fact this reminds me of
the DER rules on changing the wetlands to the vege-
tation instead of the high water level. This was
something the legislature didn't consider. We
objected to it and the DER proposed through a bill
that is probably going to pass this year. And I
think that is the way we ought to do it. And so
before we impose a restrictive rule throughout the
state of Florida which probably would go if it goes
in one water management district. I want to know
what it is going to cost Broward County, I want to
know it is going to cost Pinellas County, and let
the legislature handle this thing. Because this
wasn't something that we considered. It wasn't
brought up when we passed this legislation. The
first time I heard about it was when the hearings
(inaudible) SWFWMD.

Well, then what you're saying is that in fact that
we could save the legislature a lot of trouble as
far as the water crop theory as such, weawisiseobjecit.

That is what my motion is, yes sir.-

It is a substantive motion, Mr. Chairman.

Well, it looks like I'll have to get defeated again.

(Inaudible)

Do you want to restate your motion, then, Senator.

Now, I am concerned a little about the procedure
that we are having here. We filed an objection to
a rule.. .aa old rule. And there has been no new
adopted. .

Well, that is not exactly right, because they are
proposing it as an amendment to the old rule and
what, we are not, well actually I guess what we
are saying is that we are bringing to you the amend-
ment as a proposed amendment to an old rule. And
we issued...


Well, Senator Lewis has (inaudible) that we do
object to the proposed amendment.


So, as a motion would be...


Senator Ware:


Obti_ :-




14 1


(If.


Mr. Webb:

Rep. Hector:

Mr. Blain:


Senator Ware:

Senator Lewis:


Mr. Blain:


Rep. Kiser:

Mr. Webb:










Senator Ware:


Rep. Hector:


Senator Lewis:


Right, that would be the proper motion.

When would you want to meet again on this.

Are you passing a motion that you object to the
proposal, or are you wanting to keep it open until
we can adequately present it to you.


No, its a motion.


Then, Mr. Chairman, what it leaves us with is the
old rule still in effect.

True, I recognize that, but that is what happens.


bus y .
Which it amounts to, in fact, the old rule having
been objected to this is your attempt to modify
to meet the objection, and they are, in fact, if
they do vote to object to these that modify it,
then there would be the old rule or the effective
ule an '111KE -^a Y^^ /...


We would hope that since you're meeting that perhaps
this could be considered in your meeting.

All those in favor of the motion say aye, those
opposed. ALi \ .

Sorry about that. G- -.


. .


--'-r~T-r-I~P*TI.~il)~~i4+UIDII-- -------


"- -=- I-r-o 0




. ..J. I i__ .J I .. .
JOINT AO STHE FLORIDA LEGISLATURES COMM
2 .JOINT ADMINISTRATIVE PROCEDURES COMMITTEE


REPRESENTATIVE ROBERT C. HECTOR, Chairman
SENAR PHILIP D. LEWIS. Vice Chairman
SENIOR BOB SAUNDERS
SENATOR JOHN T. WARE
REPRESENTATIVE CHARLES W. BOYD
REPRESENTATIVE S. CURTIS KISER


CARROLL WEBB, EXECUTIVE DIRECTOR
Room 120, Holland Buildtng
Tadlhause, Floride 32304
Tehphone (904) 4889110


ADMINISTRATIVE PROCEDURES COMMITTEE MEETING
AUGUST 24, 1976
HOUSE OFFICE BUILDING



COMMITTEE MEETING MINUTES



The Chairman opened the meeting at 10:37 a.m. All members
were present with the exception of Senator Saunders who was
excused.

The meeting began with Mr. Webb's presentation of the Status
Report. Mr. Webb then suggested that in light of the time which
would be required for this meeting, the Committee should begin
with:

Rules objected to at the February meeting but final
report not made:


S1.5 gPeynnolds'bf theConmmittee Staff presented brief-
,.E The following individuals were present to speak in favor of
the above cited rules: Mr. L. M. Blain, Mr. Don Feaster, and
Mr. J. C. Holzschuh III.

Representative Hector recessed the meeting at 12:25 p.m. The
Committee reconvened at 1:10 p.m.

Southwest Florida Water Management District continued their
presentation to the Committee with the following speakers:
Miss Barbara Boatwright, Mr. Robert W. Sims, Mr. Philip E. LaMoreaux,
Mr. Charles Littlejohn, and Mr. David Gluckman.


- -. -


K,..


-00 IQ A-i rw






Scc-o

Administrative Procedures
Committee Meeting
August 24, 1976
Page 2


Mr. Blain introduced Exhibits "A" and "B" and two photocopies
of newspaper clippings (which were for information purposes only)
into the record and requested these be made a part of the permanent
Committee Meeting file. Mr. Littlejohn introduced Exhibit "C" into
the Committee Meeting record.

Mr. Pick Talley and Mr. John Allen were present to speak
against the above cited rules. Mr. Talley introduced Exhibit "D"
into the record.


i~-Z-9 g 6 ee; '

The next item before the Committee was the rules objected to
at the July meeting:

Department of Professional and Occupational Regulation
Division of Professions
Florida Electrical Contractors' Licensing Board
-Rule: 21GG-3.02 (Old Rule)
This Department filed a letter to modify this rule
prior to the meeting, and has advertised its rules
of modification in the Florida Administrative Weekly.

Department of Offender Rehabilitation
Correctional Standards Council
Rule: 33A-3.01(2)(3)
This Department had refused to modify this rule.
Representative Boyd moved to print this objection in
the Florida Administrative Weekly and the Committee
concurred.

Department of Criminal Law Enforcement
Division of Criminal Justice Information System
Rule: 11C-7.03
Mr. Victor Walsh was present to speak for the Department.
This rule was temporarily passed at the July meeting.
Senator Lewis moved to object to this rule and the
Committee concurred.




I1. ,li h i i ,1 1 -



/ Administrative Procedures
/ Committee Meeting
/ August 24, 1976
Page 3



The next item before the Committee was the new rule
objections:

Department of Community Affairs
Division of Community Services
Rule: 9C-2.09
The Chairman moved to object to this rule and the
Committee concurred.

Department of Health and Rehabilitative Services
Children' Medical Services Program
Rule: 10B-2.08(5)
Mr. Eric Haugdahl and Dr. Julia R. St. Petery were
present to speak for the Department.
Senator Ware moved to temporarily pass on this rule
and the Committee concurred.

Rule: 10B-5.08
Senator Ware moved to object and the Committee
concurred.

The next item before the Committee was the Staff Report
requested at the July 20 Committee meeting on the effects of the
Constitutional Amendment to the Administrative Procedures Act.

Mr. Webb briefly commented to the Committee regarding the
agencies who refuse to modify rules objected to by the Committee
and other states' methods of dealing with this matter.
Senator Ware suggested that these figures be incorporated in a
memo along with facts on the means other states employ in handling
agencies who refuse to modify rules.

Representative Boyd moved that the Committee Staff begin
preparing information on any avenues the Committee might legally
pursue in alerting the public of the facts behind the Constitutional
Amendment.

Mr. Webb requested that the Committee give him directions on
how to proceed in disposing of rules from agencies who have agreed
to modify but are being extremely delinquent in their intended
actions.




S, .l i-...1 1--^lJ)L.. ---- ;,.. -* -
"" *. ..J "

SAdministrative Procedures
Committee Meeting
August 24, 1976
Page 4


Mr. Webb gave an oral report from a memo prepared by Committee
Staff on the proposition of the Committee initiating a court
proceeding when agencies refuse to modify. Mr. Webb suggested that
if the Constitutional Amendment does not pass, the Legislature
consider enacting a procedure next session by which an agency's
refusal could be placed in the hands of the court. Mr. Webb also
suggested this procedure needed to be developed even if the
Amendment passes for those cases where a rule is declared void but
the agency continues to enforce it.
The next meeting was tentatively set for the third Tuesday in
September. Representative Hector adjourned the meeting at 3:45 p.m.







t





















/


9





a y r- .

RePRESENTATIVE ROBERT C. HECTOR. chairman CARHOLL WEBB. EXECUTIVE DIRECTOR
SENATOR PHILIP 0. LEWIS. Vice Choirman Room 120, IHolland Build*..
SENATOR BOB SAUNDERS Tallahassee. Florida 32204
SENATOR JOHN T. WARE .Telephone (904) 488-9110
REPRESENTATIVE CHARLES W. BOYD
REPRESENTATIVE S. CURTIS KISER



AGENDA
ADMINISTRATIVE PROCEDURES COMMITTEE
AUGUST 24, 1976
ROOM 24, HOUSE OFFICE BUILDING



1. Status Report

2. Rules objected to at the February Meeting, but final
report not made:

Southwest Florida Water Management District

u le:. 16J1.-2 .*il(4)' T(b'

:Rule*. -16J-2:11-4) (c)/

3. Rules objected to at the July Meeting:

Department of Professional and Occupational Regulation
Division of Professions
Florida Electrical Contractors' Licensing Board
Rule: 21GG-3.02 (Old Rule) (Letter to Modify)

Department of Offender Rehabilitation
Correctional Standards Council
Rule: 33A-3.01(2)(3) (Refuse to Modify)

Department of Criminal Law Enforcement
Division of Criminal Justice Information System
Rule: 11C-7.03 (Temporarily Passed)

4. Rule Objections:

Department of Community Affairs
Division of Community Services
Rule: 9C-2.09

Department of Health and Rehabilitative Services
Children' Medical Services Program
Rule: 10B-2.08(5)
Rule: 10B-5.98

5. Staff Reports:

(a) Constitutional Amendment

(b) Agencies Refusing to Modify

6. Appearances:







- THE FLORIDA LEGISLATURE
C JOINT ADMINISTRATIVE PROCEDURES COMMITTEE




SENATOR PHILIP D. LEWIS, Chairman CARROLL WEBB, EXECUTIVE DIRECTOR
EPRESENTATIVE ROBERT C. HECTOR, Vice Chairman Room 120, Holland Building
2NATOR MATTOX HAIR Tallahassee, Florida 32304
2NATOR JOHN T. WARE Telephone (904) 488-9110
REPRESENTATIVE J. HYATT BROWN
REPRESENTATIVE S. CURTIS KISER



ADMINISTRATIVE PROCEDURES COMMITTEE MEETING
NOVEMBER.30, 1976
COMMITTEE ROOM A, SENATE OFFICE BUILDING



COMMITTEE MEETING MINUTES



The Chairman opened the meeting at 10:30 a.m. All members were
present with the exception of Representative J. Hyatt Brown.

The meeting began with Mr. Webb's presentation of the status
report.

The next item on the agenda was the:

Rules objected to at the October meeting, but
final report not made:

State Treasurer and Insurance Commissioner
Division of Fire Marshall
Rule: 4A-37.05(1)
(Modified FAW 11-5-76)

North Central Florida Regional Planning Council
Rule: 29C-1.05(8)
(Letter to Modify)

Department of Offender Rehabilitation
Rule: 33-4.01(1)
(Proposed Modification letter)

Department of Professional and Occupational Regulation
Board of Dispensing Opticians
Rule: 21P-2.05
(Letter to Modify)

Mr. Webb recommended that the Committee accept these modification
proposals which the Committee did without objection.






/

/ Committee Meeting Minutes
November 30, 1976
Page 2



The next item on the agenda was:

Rule Objections:

Department of Business Regulation
Division of Pari-Mutuel Wagering
Rule: 7E-2.07(7)
Mr. George Reynolds of the Staff presented the objection to
the Committee. Senator Ware moved to object to this rule and
the Committee concurred.

Department of Health and Rehabilitative Services
Division of Health
Rule: 10D-68.22(1)(c)
Mr. Donald Conn of the Staff presented the objection to the
Committee. -Senator Ware moved to object to this rule and the
Committee concurred.

Northwest Florida Water Management District
Rule: 16G-5.20
Mr. George Reynolds of the Staff presented the objection to
the Committce. Senator Hair moved to object to this rule and
the'Committee concurred.

Southwest Florida Water Management District
Rule: ,laa I I td)j
d tASheStaf f .presented, the.. objection. to the/
LCbM X trzEiSg nLei ,~tis leV~s and.2thei


Florida Public Service Commission
Rule: 25-5.31(4) (B)(1)
Mr. Donald Conn of the Staff presented the objection to the
Committee. Senator Hair moved to object to this rule and the
Committee concurred.

Florida Public Service Commission
Rule: 25-5.14(3)
25-5.14(8)
Mr. Donald Conn of the Staff presented the objections to the
Committee. Senator Ware moved that the Committee not accept
the objection recommendations of the Staff and the Committee
concurred.





/



Committee Meeting Minutes
November 30, 1976
Page 3



Florida Public Service Commission
Rule: 25-5.141(2)
25-5.141(4)
25-5.200(3)
25-5.211(3)
Mr. Donald Conn of the Staff presented the objections to the
Committee. Senator Ware moved to object to these rules and
the Committee concurred.

A lengthy discussion between the Staff and the Committee members was
held on the rules of the Florida Public Service Commission.
Mr. Barrett Johnson of the Public Service Commission was present to
speak for the Commission. He stated the PSC was aware of its problems
in these areas of the Statutes and would ask for correcting legislation
during the next Session.

Department of Offender Rehabilitation
Rule: 33-13.03(3)
Representative Kiser moved to Temporarily Pass on this rule
and the Committee concurred.

Parole and Probation Commission
Rule: 23-13.03(3)
Representative Kiser moved to Temporarily Pass on this rule
and the Committee concurred.

Senator Lewis requested by letter of November 23, 1976, that the
Committee Staff research the proposition of the Committee taking
Departments that have refused to modify rules objected to by the
Committee to Court. Senator Lewis stated at the beginning of this
discussion that there were two schools of thought on this subject;
one, that the Committee members presently have statutory authority
as individual citizens to go to court on these rules and two, that
the Committee needs specific legislation granting it this authority.

Mr. Webb stated that the Court in Shevin, State ex rel. v. Yarborough,
257 So. 2d 891, stated that standing in matters of this nature is
more legislative in nature than judicial. And, even though standing
can always be questioned in a lawsuit, should the Committee bring suit
at this time and the Court refuse to hear it because of a determination
of lack of standing, the Committee would be put one year behind before
it could obtain the necessary legislation to give it standing;
therefore, he suggested that steps be taken to obtain this legislation
in the next Session and let any further decisions on the matter be
made by the Court.






/

'Committee Meeting Minutes
SNovember 30, 1976
, Page 4



Senator Ware suggested that the Committee and Staff look into the
possibility of the Legislature passing bills to repeal rules. He
would like the Staff to review the method by which the Committee
could actually repeal some rules by picking gross examples of
rules that are enforced without statutory authority and introduce
this legislation in both Houses.

Representative Kiser suggested that the Committee and Staff
determine which Department has been the greatest abuser in ignoring
the Committee's objections, pick out several graphic examples, and
go the route Mr. Webb suggested through legislation, then file with
the District Court of Appeals, and at the same time file bills to
repeal rules in the Legislature. Representative Kiser moved that
the Committee institute the necessary action to draw up several test
cases for both going through court action and also draw up legislation
to be introduced 'in both Houses to repeal those rules the Committee
feels should be tested in this manner. Representative Kiser wants
this brought before the Committee in report form only.

Senator Lewis requested that Mr. Webb prepare for the next Committee
Meeting the necessary sample legislation that would give the Committee
standing and suggested the possibility of going directly to the
District'Court of Appeals and eliminate going through Circuit Court,
giving specific examples of rules which affect thousands of people.
(This suggestion should be considered part of Representative Kiser's
motion). This motion passed without objection by any Committee
members.

Mr. Webb reminded Senator Lewis that the Staff reported to the
Committee at the last meeting that the rules of the Attorney General's
Office regarding the "Little FTC" were under consideration, and
Senator Lewis had asked the Staff to make a study of the Attorney
General rules. Mr. Webb reported that the Staff asked the Attorney
General's Office to extend the effective date and the request was
denied. The Staff has also requested that the Attorney General's
Office advise the Committee of any decision of the Federal Trade
Commission that the AG's Office is using as a basis of authority for
a rule. As of this Committee Meeting, the Staff has not been
contacted by the Attorney General's Office. These rules are in effect
at this time and the Staff will go into an in-depth review of them.
Until this review is complete, the Staff respectfully declines to
present its report to the Committee.
The next Committee Meeting was scheduled for approximately the middle
of December. Mr. Webb will check the agenda as the month progresses
and advise the Committee Members of the best time for a meeting.


Senator Lewis adjourned the meeting at 11:55 a.m.




S JOINT ADMINIST-AtIVki i'BOC iDUIlL4 CUl,,'I 1I Lt




REPRESENTATIVE ROBERT C. HECTOR, ..irnh.k CARROLL WEBB, EXECUTIVE DIRECTOR
SENATOR PHILII D. LEWIS. Vice Chdirnan ROm 120, Ho d Buding
SENATOR 8011* IALUN)ERS T~all a me. Flortla 32304
SENATOR JOIIN 1 WARE Telephone 0(041 4889110
REPRESENTATIVE CHARLES W. BOYD
REPRESENTATIVE S. CURTIS KISER


AGENDA
ADMINISTRATIVE PROCEDURES COMMITTEE
NOVEMBER 30, 1976
ROOM A, SENATE OFFICE BUILDING



1. Status Report

2. Rules objected to at the October meeting, but final
report not made:

State Treasurer and Insurance Commissioner
'Division of Fire Marshall
Rule: 4A-37.05(1) (Modified FAW 11-5-76)

North Central Florida Regional Planning Council
*Rule: 29C-1.05(8) (Letter to Modify)

Department of Offender Rehabilitation
Rule: 33-4.01(1) (Proposed Modification letter)

Department of Professional and Occupational Regulation
Board of Dispensing Opticians
Rule: 21P-2.05 (Letter to Modify)

3. Rule Objections:

Department of Business Regulation
Division of Pari-Mutuel Wagering
Rule: 7E-2.07(7)

Department of Health and Rehabilitative Services
Division of Health
Rule: 10D-68.22(1)(c)

Northwest Florida Water Management District
Rule: 16G-5.20

iS -s't1 iEl~idi. after Management District/


Florida Public Service Commission
Rule: 25-5.31(4)(B)(1)

Florida Public Service Commission
Rule: 25-5.14(3)
25-5.14(8)
25-5.141(2)
25-5.141(4)
25-5.200(3)
25-5.211(3)

Department of Offender Rehabilitation
Rule: 33-13.03(3)

Parole and Probation Commission
Rule: 23-13.03(3)

4. Appearances:





A
*
, i


REPRESENTATIVE ROBERT C. HECTOR, CHAIRMAN
SENATOR TOM GALLEN, VICE CHAIRMAN
SENATOR MATTOX HAIR
SENATOR JOHN T. WARE
REPRESENTATIVE J. HYATT BROWN
REPRESENTATIVE ANDER CRENSHAW


CARROLL WEBB, EXECUTIVE DIRECTOR
Room 120, Holland Building
T~lahassee, Florida 32304
Telephone (904) 488.9110


January 9,


Chronology of


"Water Crop"


February 9, 1976






April 16, 1976


June 2, 1976




July 20, 1976



August 24, 1976





September 16, 1976


APC objects to
16J-0.001(10)
16J-1.14(2)
16J-2.11(3), (4) (a) ,(b), (c).
16J-2.33
16J-4.16(2)

SWFWMD proposes rule amendments
to meet objections of APC.

APC continues original objection
' to rules of the SWFWMD after
considering proposed changes in
the District's rules.

APC approves all proposed amendments
to meet February objections but
16J-2.11 (water crop).

SWFWMD makes presentation to APC
on proposed change to 16J-2.11.
APC refused to remove objection to
proposed rule made at June 2, 1976,
meeting.

SWFWMD notifies APC that it intends
to modify 16J-2.11 to meet committee
objection.


THE FLORIDA LEGISLATURE
JOINT ADMINISTRATIVE PROCEDURES COMMITTEE


1978


Rules









Water Crop Rules
January 9, 1978
Page 2


October 8, 1976




October 1976







June 10, 1977









July 15, 1977











October 1977


SWFWMD files (no FAW notice) proposed
modification to proposed 16J-2.11
(see FAW 4-16-76) to meet APC
objection of June 2, 1976.

City of St. Petersburg files suit
in DCA on two consumptive use orders
issued by SWFWMD and in the same
suit alledges that "water crop"
exceeds its statutory authority.
APC postpones action on 16J-2.11
until DCA renders its opinion.

SWFWMD notices in FAW proposed
amendments to 16J-2.11 for hearing
on July 6, 1977. APC staff notifies
SWFWMD that all of Rule 16J-2.11
is still under scrutiny by the
committee until the DCA renders its
opinion. SWFWMD has not yet
adopted proposed amendment to
16J-2.11.

SWFWMD notices in FAW proposed
Rule 16J-2.111 for a hearing on
August 3, 1977. Proposed rule is
a policy statement regarding the
"water crop" theory. APC staff
advised SWFWMD that both amendments
to 16J-2.11 and 16J-2.111 should not
be adopted until DCA rules on case
challenging water crop theory. As
of this time SWFWMD has not adopted
either proposed amendment.

DCA renders its opinion in the case
of City of St. Petersburg v. SWFWMD.
The DCA did not specifically
address the issue of the statutory
validity of the "water crop" theory
because it said that SWFWMD had not
specifically applied "water crop"
to the two consumptive use orders
from which the City of St. Petersburg
was appealing and therefore that the
"water crop" theory had not harmed
the City insofar as the issuance of
the permits was concerned. DCA
denied City's motion for rehearing.


1





I


Water Crop Rules
January 9, 1978
Page 3


December 2, 1977





December 15, 1977


SWFWMD asked the APC staff to
comment on proposed Rule 16J-2.111
as the SWFWMD sees no reason why- ,
they should not adopt the rule at
their meeting on January 4, 1978.

APC staff notified John Allen that
SWFWMD was considering adopting
proposed Rule 16J-2.111 at
January meeting. Further, I advised
SWFWMD that APC doesn't "approve"
rules. -__






U .


SUMMARY OF APC ACTION ON SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
RULES


February 9, 1976 -


April 16, 1976 -


June 2, 1976 -


July 20, 1976 -


APC objects to 16J-0.001(10); u
16J-1.14(2)

16J-2.23 pw //w/r -
16J-4.16(2) .


SWFWMD proposes rule amendments to
meet objections of APC.


*. .
APC continues original objections to
rules of the SWFWMD after considering
proposed changes in the Districts'
rules.



APC approves all proposed amendment -.
to meet February objections but 16J-2.11.


;NOTE: None of the rules proposed by SWFWMD to meet APC objections
have been adopted as of this date.


'*%


S







v"- s'/CA THE FLORIDA LEGISLATURE
,/ JOINT ADMINISTRATIVE PROCEDURES COMMITTEE



SENATOR PHILIP D. LEWIS, Chairman CARROLL W.BB, EXECUTIVE DIRECTOR
REREESENTATIVE ROBERT C. HECTOR, Vice Chairman Room 120, Holland Building
SENATOR MATTOX HAIR 'Tilahme, Florida 32304
SENATOR JOHN T. WARE Te~phone (904) 488.9110
REPRESENTATIVE J. HYATT BROWN
REPRESENTATIVE ANDER CRENSHAW


ADMINISTRATIVE PROCEDURES COMMITTEE MEETING
JANUARY 12, 1977
COMMITTEE ROOM F, SENATE OFFICE BUILDING



COMMITTEE MEETING MINUTES

The Chairman opened the meeting at 10:10 a.m. Senator Ware and
Representative Brown were excused.

At this time, Chairman Lewis reported to the Committee members of
his meeting with the Speaker of the House and President of the
Senate relating to proposed problems with particular rules which
agencies have refused to modify. Chairman Lewis requested of the
Speaker and the President that as bills come to each House regarding
those rules which agencies refused to modify that they be given some
preemptory treatment. They would either go to the Rules Committee or
specific substantive committee and then, in effect, have a specific
day in the House and Senate to hear them. Both the Speaker and
President agreed to work something out with the various rules.
Chairman Lewis noted that he has not spoken with the Rules Committee
Chairman and requested that the members of the House take care of
that.

Chairman Lewis posed the question of how the Committee staff would
go about getting agencies to prepare legislation to correct problem
rules.

Mr. Webb suggested that a letter be sent to all agencies requesting
that any intended legislation which would affect the Administrative
Procedure Act be reported to the staff so the staff could convey
that on to the Committee members. As to those agencies on the list
as having refused to modify, the staff would recommend that-they
prepare legislation which would have the purpose of removing any
doubt as to the validity of any of their rules which they have re-
fused to modify to meet a Committee objection. At the bottom line
of that letter there would be an alternative that if specific
legislation was not introduced or fails to pass, the Committee will
introduce legislation to invalidate the rules specifically.

Senator Hair suggested putting a cut-off date in the letter for the
legislation to be filed.






MITTEt MEETING MINUij -
age two
January 12, 1977





The first item on the agenda was the Status Report. Mr. Webb gave
a presentation of this.

The next item on the agenda was the Rules objected to at the November
meeting, but final report not made at that time:

Department of Business Regulation
Division of Pari-Mutual Wagering
Rule: 7E-2.07(7)
(Modified FAW 12-8-76)

Department of Health and Rehabilitative Services
Division of Health
Rule: 10D-68.22(1)(c)
(Modified FAW 12-3-76)

Northwest Florida Water Management District
Rule: 16G-5.20
(Withdrawn Letter 12-8-76)

.l E ~~tlrida' Water Management Distric-.



Florida Public Service Commission
Rule: 25-5.31(4)B(1)
(REFUSED TO MODIFY Letter 12-29-76)
Mr. A. E. Powell and Mr. Harry Boswell were present to speak
for the Commission.
Senator Hair moved the previous objection be upheld and
published in the FAW. (Committee objection published in FAW
1-14-77)
Chairman Lewis requested the Public Service Commission redraft
their legislation which they filed last year and present it to
the Committee.

Florida Public Service Commission
Rules: 25-5.141(2)
25-5.141(4)
25-5.200(3)
25-5.211(3)
(REFUSED TO MODIFY Letter 12-29-76)
Mr. A. E. Powell and Mr. Harry Boswell were present to speak
for the Commission.
Senator Hair moved the previous objections be upheld and
published in the FAW. (Committee objection published in FAW
1-14-77)

Department of Offender Rehabilitation
Rule: 33-13.03(3)
(Temporarily passed in November; Modifications in FAW 1-7-77)


I I i -_-UN





*QITTgE MEETING MI ': 7 -" '
Age Three
anuary 12, 1977



Parole and Probation Commission
Rule: 23-13.03(3)
(Temporarily passed in November; Modifications in FAW 1-7-77)


The next item on the Agenda was the Rule Objections:

Department of Health and Rehabilitative Services
Mr. Donald Conn of the Staff presented all of the Health and
Rehabilitative Services' Rule Objections.
Mr. Eric Haugdahl was present to speak for the Department.

Rule: 10D-25.76(1) (2) (3)
Senator Hair moved to object and the Committee concurred.
Mr. Haugdahl stated the Department will introduce legislation
to confer validity of this rule.
Chairman Lewis requested a copy of the legislation be sent to
the Committee.

Rule: 10-5.02(13)
Representative Hector moved to object and the Committee
concurred.

Rule: 10C-1.55
Representative Hector moved to object and the Committee
concurred.
Mr. Haugdahl stated the Department will introduce legislation
to confer the validity of this rule.
Chairman Lewis requested a copy of said legislation be
furnished to the Committee.

Rule: 10C-6.01
Representative Crenshaw moved to object and the Committee
concurred.
Chairman Lewis requested the Committee staff supply him with
all pertinent information-on this rule and he and Representative
Hector would go to both the Senate and House HRS Committees to
discuss the legislative intent of the Reorganization Act.

Rule: 10C-6.02
Representative Crenshaw moved to object and the Committee
concurred.
Chairman Lewis requested the Committee staff supply him with
all pertinent information on this rule and he and Representative
Hector would go to both the Senate and House HRS Committees to
discuss the legislative intent of the Reorganization Act.

Rule: 10C-6.03
Representative Crenshaw moved to object and the Committee
concurred.
Chairman Lewis requested the Committee staff supply him with
all pertinent information on this rule and he and Representative
Hector would go to both the Senate and House HRS Committees to
discuss the legislative intent of the Reorganization Act.






geITTEE MEETING MINt ^-. ,
jqe Four
January 12, 1977-


Rule 10C-10.21
Senator Hair moved to object and the Committee concurred.

Rule: 10G-1.21(2) (3) (4)
Senator Hair moved to object and the Committee concurred.

Rule: 10C-7.48
Chairman Lewis moved to object and the Committee concurred.

Rule: 10C-15.51(1)
Chairman Lewis moved to TEMPORARILY PASS and the Committee
concurred.
The Committee instructed the staff check out the definition
of "foster homes" and report back at the next meeting.

Rule: 10C-15.56
Chairman Lewis moved to TEMPORARILY PASS and the Committee
concurred.
The Committee instructed the staff check out the definition
of "foster homes" and report back at the next meeting.

Rule: 10D-3.55(3)(d)
Senator Hair moved to object and the Committee concurred.
Chairman Lewis suggested legislation be prepared setting
out the provisions authorizing the destruction of animals
by the Department of Health and Rehabilitative Services.
Mr. Haugdahl stated the Department will introduce legislation
to clear up the language in this rule.

Rule: 10D-17.35
Representative Crenshaw moved to object and the Committee
concurred.
Senator Lewis requested the Department bring their legislation
to the Committee which would give them this specific authority.

Rule: 10D-29.35
Representative Hector moved to object and the Committee
concurred.

Rule: 10D-29.36(1)
Representative Hector moved to object and the Committee
concurred.

Rule: 10D-29.42(4)
Representative Hector moved to object and the Committee
concurred.

Rule: 10D-41.21(1)
Representative Hector moved to object and the Committee
concurred.

Rule: 10D-48.25(12)
Representative Hector moved to object and the Committee
concurred.

~---i-






.oITTEE MEETING MINUTi
,ge Five
january 12, 1977



Rule: 10D-48.26
Representative Hector moved to object and the Committee
concurred.

Rule: 10E-5.13(4)(b)
Representative Hector moved to object and the Committee
concurred.

Rule: 10E-5.17(1) (b)
Representative Hector moved to object and the Committee
concurred.

Chairman Lewis requested Eric Haugdahl furnish the Committee with
copies of all legislation the Department of Health and Rehabilita-
tive Services will be introducing before the 1977 Legislature.
Chairman Lewis also requested the staff to prepare a memorandum
to the HRS Committees of the Senate and House to present to them
when he and Representative Hector meet with them on their
Reorganization Act.


Department of Community Affairs
Division of Technical Assistance
Rule: 9B-1.06(2) (h)
Mr. Zane Leeper of the Staff presented the objection to the
Committee.
Mr. Steve Uhlfelder was present to speak for the Department.
Senator Hair moved to object and the Committee concurred.
Chairman Lewis requested that legislation granting authority
for this rule be presented to the Committee for introduction.

Department of Community Affairs
Office of Manpower Planning
Rule: 9F-6.02(2)
Mr. Zane Leeper of the Staff presented the objection to the
Committee.
Mr. Steve Uhlfelder was present to speak for the Department.
Senator Hair moved to TEMPORARILY PASS and the Committee
concurred.
The Committee suggested the agency go to the Governor and
Cabinet for an exemption.

Department of Education
Board of Regents
Rule: 6C-5.01(2)
Representative Hector moved to object and the Committee
concurred.

Department of Insurance
Rules: 4-40.01(9)
4-40.05(2)(b)
Mr. Zane Leeper of the Staff presented the objection to the
Committee.

*~-







,'JMITTEE MEETING MINUTlS.
tage Six
January 12, 1977



Department of Insurance rule objections continued
Representative Crenshaw moved to object to the first r-ile;
Senator Hair moved to object to the second rule; the
Committee concurred.

Department of General Services
Division of Purchasing
Rule: 13A-1.13
Representative Hector moved to object and the Committee
concurred.

Department of General Services
Division of Communications
Rule: 13C-5.03
Representative Hector moved to object and the Committee
concurred.



At this time, Mr. Earl Archer from the Department of Offender
Rehabilitation appeared before the Committee to advise them of 'the
Department's intention of applying for an exemption under Chapter
120, F.S.

The Department of Offender Rehabilitation is making application to
the Governor and Cabinet for an exemption under Chapter 120, F.S.,
as it.relates to prisoners and inmates being substantially affected
parties and basically the thought was from the inception that the
inmates are not covered, they are not substantially affected parties.
This exemption and subsequent legislation are caused by the utiliza-
tion of Chapter 120 by the inmates through legal representation.
The Department has not applied for an exemption before because they
did not have a problem with Chapter 120. This is more of an advisory
basis, the Department will ask for the exemption and then during the
1977 legislative session, it will introduce a bill to take care of
the problem permanently in the Act.

Mr. Archer presented each member with a copy of a memorandum of law
on inmate disciplinary hearings.


The Chairman adjourned the meeting at 12:35 p.m.






J THE FLORIDA LEGISLATURE
S' JOINT ADMINISTRATIVE PROCEDURES COMMITTEE




SENATOR PHILIP D. LEWIS, Chairmn CARROLL WEBB, EXECUTIVE DIRECTOR
REPRESENTATIVE ROBERT C. HECTOR, Vice Chairman Room 120, Holland Building
SENATOR MATrOX HAIR Tilahauee, Florida 32304
: SENATOR JOHN T. WARE Telephone (904) 488-9110
REPRESENTATIVE J. HYATT BROWN
REPRESENTATIVE ANDER CRENSHAW

.AGENDA
ADMINISTRATIVE PROCEDURES COMMITTEE
JANUARY 12, 1977
SENATE OFFICE BUILDING, ROOM F


1. Status Report

2. Rules objected to at the November meeting, but final report
not made:

Department of Business Regulation
Division of Pari-Mutual Wagering
Rule: 7E-2.07(7) (MODIFIED FAW 12-8-76)

Department of Health and Rehabilitative Services
Division of Health
Rule: 10D-68.22(1)(c) (MODIFIED FAW 12-3-76)

Northwest Florida Water Management District
Rule: 16G-5.20 (WITHDRAWN LETTER 12-8-76)

Southwest Florida Water Management District
Rule: 16J-0.111(1) (AGREE TO MODIFY)

Florida Public Service Commission
Rule: 25-5.31(4.) (B)(1) (REFUSED TO MODIFY LETTER 12-29-76)

Florida Public Service Commission
Rules: 25-5.141(2)
25-5.141(4)
25.5.200(3)
25.5.211(3) (REFUSED TO MODIFY LETTER 12-29-76)

Department of Offender Rehabilitation
Rule: 33-13.03(3) (TEMPORARILY PASSED IN NOVEMBER,
MODIFICATIONS IN FAW 1-7-77)

Parole and Probation Commission
Rule: 23-13.03(3) (TEMPORARILY PASSED IN NOVEMBER,
MODIFICATIONS IN FAW 1-7-77)

3. Rule Objections:

Department of Health and Rehabilitative Services
Rules: 10D-25.76(1) (2) (3)
10-5.02(13)
b1C-1. 55
iOC-6.01
10C-6.02
10C-6.03
10C-10.21
10G-1.21(2) (3) (4)
10C-7.48
10C-15.51(1)
10C-15.56




-' .__




.AGLNDA \ *v"-~
Page Two( ('



Rule Objections continued:

Department of Health and Rehabilitative Services (continued)
Rules: 10D-3.55(3)(d)
10D-17.35
10D-29.35
10D-29.36(1)
10D-29.42(4)
10D-41.21(1)
10D-48.25(12)
10D-48.26
10E-5.13(4)(b)
10E-5.17(1)(b)

Department of Community Affairs
Division of Technical Assistance
Rule: 9B-1.06(2) (h)

Department of Community Affairs
Office of Manpower Planning
Rule: 9F-6.02(2)

Department of Education
Board of Regents
Rule: 6C-5.01(2)

Department of Insurance
/ Rules: 4-40.01(9)
4-40.05(2)(b)

Department of General Services
Division of Purchasing
Rule: 13A-1.13

Department of General Services
Division of Communications
Rule: 13C-5.03

4. Appearances and Reports







i




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