Title: Audubon Official Urges Rejection of Power Amendment
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Permanent Link: http://ufdc.ufl.edu/WL00002254/00001
 Material Information
Title: Audubon Official Urges Rejection of Power Amendment
Physical Description: Book
Language: English
Publisher: Sarasota Herold-Tribune
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Audubon Official Urges Rejection of Power Amendment, Oct 31, 1976
General Note: Box 10, Folder 12 ( SF Water Rights-Water Crop - 1973, 1976-77 ), Item 18
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002254
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.

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OCT-31-76


Audubon Official Urges Rejection Of Power Amendment


By ALLAN HORTON
Herald-Tribune Reporter
S An official of the state's
largest conservation
organization has urged defeat
of a proposed constitutional
amendment which would in.
crease the power of a
legislative commit ee
v Aors develop
n otper special interests m-
Imical to environment m
tej4ests.
The committee already has
criticized the technical basis
for water consumptive use
rules and regulations which
may* be applied in 1977 in


Manatee and Sarasota
counties.
Amendment Number 7 on
the Nov. 2 ballot would allow
the legislatively appointed
A d ministrative Procedures
Committee (APC) to nullify
for any reason any rule or
regulation implemented by
the s t a t e s environmental
control agencies.
According to Charles Lee,
vice president for con-
servation of the Florida
Audubon Society, passage of
Amendment Number 7 would
permit a group of six
legislators to suspend o r
-nullify for any reason any


rule or regulation Im-
plemented by the state's
environmental control
agencies.
Such agencies include the.
Southwest Florida Water
Manag ement District
(Swiftmud), one of five
regional water management
authorities under the state
Department of Environmental
Regulation (DER).
Manatee and Sarasota
counties throughout the aegis
of the Manasota Basin Board
will become member counties
of the Swiftmud Jan. 1, after
which Swiftmud rules and
regulations for the use of


water may be implemented In
the two counties.
The APC, however, has
criticized without benefit o
technical guidance e water
crop" theory sed by
Swiftmud as the basis for its
water consumptive use rules.
Through application of the
water crop the amount of
water available for use after
losses through' runoff and
evapotranspiration the
Swiftmud sets a maximum
rate of consumption of-1,000
gallons per acre per day
throughout its district.
According to Lee, Amend-
medt Number 7 could be used


by special Interest groups to
"virtually wipe out" such
St a te environmental pro-
tection rules as the water
crop theory and its related
water consumptive use rules.





If the amendment Is passed,
said Lee; he APC' attackire ex
e n th ie decisro tory ang
uncton stat virtually an fi
rules makes anparnt,,.it.
"strong blas In favor of
special Interests."
If the amendment Is passed,
said Lee; "The entire ex-
echtive decision making

Florida's environmental
regulations will be subject to


the influence and whim of
special Interests who can
simply lobby the Administra-
tive Procedures Committee to
have an environmental regu-
lation which they don't like
suspended."
Perhaps more fundamental,
however, is criticism launch.:
ed by attorneys including
Gov. Reubin Askew against
the proposal.
Askew has called the
amendment "the most in.
sidious attack on our basic
government in its 200 years
of existence."
Askew, Atty. Gen. Robert


Shevin and Chesterfield
Smith, former president of the
American Bar Association,
have agreed the amendment
represents a threat to the
separation and balance of
powers between the
legislative, executive and
Judicial branches of govern-
ment, according to Lee.
He said the public's support
of s t r o n g environmental
legislation and rules has been
supported generally by the
courts and called the proposal
an attempt to circumvent that
mandate.
"Special interests and a few


unscrupulous developers, ap-
parently unhappy with the
fact that the legislature has
passed and the courts have
upheld laws and regulations
which protect the environ-
ment, would like to find a
way to short circuit the
legislative, executive and
judicial processes ... ," Lee
said.
"Amendment Number 7 rep-
resents a sinister back door
attempt to circumvent the
will of the people which I
believe the voters should re-
soundingly reject on Nov.
2."-J


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