Title: Letter: SWFWMD Rules
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 Material Information
Title: Letter: SWFWMD Rules
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Letter: SWFWMD Rules, Sept 16, 1976, To: Robert Hector, From: LM Blain
General Note: Box 10, Folder 7 ( Unknown - 1979-1980 ), Item 9
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002190
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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GlBBQNS, TUCKER, MCEWEN, SMi. COFER & TAUB
ATTORNEYS AND COUNSELLORS AT LAW
M. 0. GIBRBON. 1862.1D30
000 MADISON STREET. P.O. BOX 1803 ounTr oInnoNS. 1ase.oo10
TAMPA. FLORIDA 33601 L. M. BLAIN PHILIP R. LAZ ABA
(813) 228-7841 JosEPH S. COFRu DAVID B. MCZEW
THOMAS 3. CON., JR. JAMES M. MCEWE`
A. FLETCHER DYCHSI MALCOLM P. MICELER. III
J. MICHAL FORD R. BRADFOBD MILLER
ARTHUR S. OIBBOIS WILLIAM R. PLAIT
MYRON O. IBBONS SHARON E. SELK
ROBERT C. OIBBOX8 ARMIN H. SMITH. JR.
SAM M. OIBBONS RICHARD N. STEIN
BRUCR S. GOLDSTNR THEODORE C. TAUB
JOHN A. OUTTOR. JR. WM. EARLE TUCKER
September 16, 1976 VICTORIA L. HUNT JACQUELINR H. WHATLRT
ROERET Y. WILLIAMS


IN REPLT KrERK TO,





Honorable Robert C, Hector, Chairman
Joint Administrative Procedures Committee
Room 120, Holland Building
Tallahassee, Florida 32304

Re: Southwest Florida Water Management District Rules

Dear Mr. Chairman:

At a continuation of its hearing on proposed rule
changes I advised the Governing Board of Southwest Florida
Water Management District of the action, or rather the lack
of action, of the Joint Administrative Procedures Committee
in connection with the Committee's objections to paragraphs
(3) and (4)(a), (b) and (c) of SWFWMD Rule 16J-2.11, F.A.C.

Pursuant thereto the Board has directed its staff and
counsel to again review the portions objected to and propose
further changes to meet objections. This review is now under-
way. Proposals will be made to the Board during a continuation
of the hearing to be held in connection with the October Board
meeting.

In other action the Board adopted all other proposed
rule changes previously submitted to your committee and is
in the process of proper promulgation and filing with the
Secretary of State.

I appreciate the courtesies extended by the Committee
during our presentation to you on August 24. I'm sorry the
results weren't different but we'll try again.






S.Hyri 3Sor

013A3303l






GIBBONS. TUCKER. McEWEN. SMITH. COFER & TAUB CONTINUING OUR LETTER OF
September 16, 1976
SHEET NO.
2



However, perhaps it would be appropriate at this time
to set forth the procedural aspects which SWF is currently
facing.

1. Paragraph (3) and subparagraphs (4)(a), (b) and
(c) of Rule 16J-2.11 have been objected to by the
Joint Administrative Procedures Committee (JAPC)
pursuant to S11.60 F.S. review. (Old rule review.)

2. In an effort to meet these objections SWFWMD held a
hearing to consider amendments to the rules objected
to by the JAPC.

3. Prior to consideration of the proposed amendments the
drafts were discussed with the staff of the JAPC who
advised SWFWMD that it appeared that the proposed
amendments, if adopted, would meet the objections
made by the JAPC.

4. At its June 2, 1976 meeting the JAPC heard a partial
presentation on the proposed amendments. Acting pur-
suant to its S11.60 authority the JAPC continued its
objections to the existing rule. It also objected
to the proposed amendments, ostensibly pursuant to
S11.60, but did not set forth specific objections.

5. At its August 24, 1976 meeting the JAPC heard a
presentation by SWFWMD but took no further action.

6. This leaves SWFWMD with the following alternatives:

(a) It can take no further action, leaving Rule
16J-2.11 in full force and effect since it
was adopted prior to December 31, 1975, pur-
suant to full hearing and prior to the creation
of the JAPC. (However, it would now be vulnerable
to subsequent review by the JAPC pursuant to
S120.545 F.S., enacted by the 1976 Legislature.)

(b) It can proceed with adoption and promulgation
of the proposed amendments pursuant to hearings
already held, and over objections of the JAPC.

(c) It can continue to hold hearings and to seek better
ways to implement Part II of the water resources
act. This will involve continued consultation with
the JAPC staff and further research, from both






GIBBONS. TUCKER, McEWEN. SMI..s. COFER & TAUB CONTINUING OUR LETTER OF
SSeptember 16, 1976
SHErE NO.
3



scientific and legal standpoints.

We have recommended, and the Board has agreed, to pursue
alternative (c). We appreciate the assistance from your staff
and will continue to work closely with them. Hopefully, we
can develop amendments that will adequately meet the needs of
the District in protecting the natural resources and the
existing public wellfield facilities as well, and which will
also be palatable (or at least tolerable) to Pinellas County
interests.

Sincerely,






LMB/sb L. M. BLAIN




cc: All Committee Members
Honorable Caroll Webb
Honorable George Reynolds
Donald R. Feaster, SWFWMD
Jay T. Ahern, SWFWMD




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