Title: Land Use and Water Planning Task Force Meeting - Nov 15, 1994 (including handwritten notes)
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 Material Information
Title: Land Use and Water Planning Task Force Meeting - Nov 15, 1994 (including handwritten notes)
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Land Use and Water Planning Task Force Meeting - Nov 15, 1994 (including handwritten notes) (JDV Box 49)
General Note: Box 21, Folder 2 ( Land and Water Planning Task Force - 1994 - 1995 ), Item 2
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004360
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



Land Use and Water Planning Task Force Meeting


November 15, 1994
10:30 a.m. 4:00 p.m.
Florida HRS Emergency Medical Services
Old St. Augustine Office Park
2002 Old St. Augustine Road
Building D
Tallahassee, Florida.


AGENDA


10:30 a.m. Legislative Adoption

Use of the term "rule"
Difference between statute, policy and rule

Water Policy
Who adopts the water policy
Report of Subcommittee

12:30 p.m. Break (Working Lunch)

District Water Management Plan and Water Resources and Facilities Report
contents

Specificity of the Florida Water Plan contents and timetables

How do the Plans fit together timing?

Process for finalizing report and drafting legislation

Other Issues Identified by the Task Force Members

4:00 p.m. Adjourn

Wa Do WAE 6o fM Hwc E 7









PROPOSED AGENDA ITEMS

TASK FORCE MEETING 11/15/94


1. Minimum Content for Florida Water Plan (FWP).

This is an issue that has been raised at all levels: (a) by the sub-committee (raised
and discarded for lack of defined minimum elements); (b) voiced during the last exec
committee meeting to further define minimum elements required of the FWP; and
(c) repeatedly raised in the public comments.

The outline of potential minimum elements suggested by these discussions:

Inclusion of some or all of Chap 17-40 as part of the adopted portion of
the FWP

Requirement for the identification (narrative or otherwise) of state-
level resources ( see Rec #8 (3))

Requirement for the development (probably by the WMDs via
mandatory direction from DEP) of specific water availability data and
criteria for use by local government in land use planning, and by the
WMDs in their permitting efforts; and

Development of mandatory schedules for the development of the FWP
and supportive WMD materials.

2 Express Definition f Relationship Between FW d Chap. 17-40

Both the public comments, and the comments by 17-40 challengers at the exec.
committee meeting, reflected confusion as to the relationship/duplication between
the FWP as proposed, and Chap 17-40. The Task Force's resolution of this issue
should be exress, in order to resolve all existing confusion.

Resolution can include either or both of: (i) inclusion of 17-40 elements as part of
the FWP as outlined above; or (ii) expansion of the narrative relating to Chap 17-40
to expressly provide for the inclusion of the content of 17-40 as part of the FWP,
rather than the present separate rule.

PROPOSED AGENDA ITEMS TASK FORCE MEETING 11/15/94 PAGE: 1
ORSHEFSKY DRAFT
DATE PRINTED: 11/14/94









Statutory Revisions to Section 186.507 Relating to Regional Policy Plans

Section 186.507 provides for the effect of the Strategic Regional Policy Plan (SRPP)
within the Chap 163 comprehensive planning framework. The current version of the
section was drafted against a background of the Growth Management Portion of the
State Comp. Plan which we are recommending be deleted, and did not recognize the
central role we are now giving the SRPP in the linkage between the new state-level
plans and the implementation of land use policy at the local level.

Accordingly, in order to implement the larger role we have suggested for the SRPP, I
suggest the inclusion of a recommendation to modify the referenced section as
follows:

186.507. Strategic regional policy plans

(13) Standards included in strategic regional policy plans may be used
for planning purposes only and not for permitting or regulatory
purposes. However-fr A regional planning council may not adopt a
planning standard that differs materially from a planning standard
adopted by rule by a state or regional agency, when such rule expressly
states the planning standard is intended to preempt action by the
regional planning council. The absence of a planning standard for a
particular issue on the part of a state or other regional agency shall not
be deemed to create a material difference from a planning standard
adopted by a regional planning council. Planning standards may be
used.without limitation, as a basis for comments on federal
consistency and clearinghouse reviews. However, anysoy. i con .tc.y
between a local plan or planftmendment and a strategic regiotn&j police
plaftft-8ut not be. the sole baaiq for a notice of intent to find a local plan
or plan amendment not in comphlanee with- this act.

The deletion of the final sentence is necessary to allow full use of the SRPP in its
now expanded role in the review of local plans and plan amendments. Since the
SRPP will now be the only document in the 163 comp. planning structure to contain
both identification of state and regional resources, and the criteria and standards
included in the District Water Management Plan and Resources and Facilities
Reports, it is necessary that the SRPP linkage to the local plans be reflective of the
structural coordinative role we have created for the regional plan.



PROPOSED AGENDA ITEMS TASK FORCE MEETING 11/15/94 PAGE: 2
ORSHEFSKY DRAFT
DATE PRINTED: 11/14/94


:-b, --_j:t 04 HI.I,1 14 -=4 09:18








Relationship to Intergovernmental Coordination Element (ICE),


This issue too has been raised at both the sub-committee level and in the public
comments. The Task Force should decide this issue and make its recommendations
express. The identification of state and regional resources mandated for both the
state level plans and the SRPP should be expressly recognized as part of the ICE
structure framed by Section 163.

Proposed language:

163.3177 (h)

1.a. A process to determine if the development proposals would have
significant impacts, as determined by the local government in which the
development is located, on other local governments or state or regional
resources identified in thc appli-abl- tate or region. pi t the Florida
Water Plan, the Florida Land Plan, the Florida Transportation Plan, or
the applicable Strategic Regional Policy Plan.

Timing of Planning Activities.

The task Force should discuss and attempt to resolve the various timing issues
raised by the recommendations, including the timing relationships between the new
state-level plans and the EAR and ICE processes. In order to provide for
meaningful use of the new planning materials recommended, it may be necessary to
delay EAR, and possibly ICE, to allow inclusion in those processes of the new FWP
and Florida Land Plan.














PROPOSED AGENDA ITEMS TASK FORCE MEETING 11/16/04 PAGE: 3
ORSHEFSKY DPAFT
DATE PRINTED: 11/14/94




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Amendment to Recommendation 10


As to substantive content, the Legislature should direct that the Florida Land Plan:

(1) Provide guidance for actions necessary to implement the State Comprehensive
Plan with regard to the physical growth and development of the state.

(2) Identify and map resources and facilities of state significance.......










Recommendation #


To ensure coordination between land planning policy and water policy, the
State Water Policy should be expressly included as an integral part of the Florida
Water Plan, thus ensuring consistency with the State Comprehensive Plan and
compatibility with the Florida Land Plan and the Florida Transportation Plan.









Recommendation #

Neither formal negotiations nor the informal intervention of this Task Force
has been able to reach a resolution satisfactory to the key interest groups. Therefore,
the Department of Environment Protection should not continue with their current
course of waiting until after fuly 1, 1995 to proceed with the rule challenge hearing
but rather should expedite the process so that questions of the agency's statutory
authority can be resolved. Should that proceeding leave further questions of
appropriate statutory authority, the Legislature should then review this matter.









Amendment to Recommendation 13:

The Legislature should review Chapter 373, Florida Statutes, expressly providing for
district water management plans, and setting forth requirements for plan content,
adoption procedures, intergovernmental consultation, and public participation.
Each district governing board should approve a district water management plan to
identify, map, and manage regional water resources. District water management
plans should be consistent with the Florida Water Plan and compatible with the
Florida Land Plan and the Florida Transportation Plan.









Amendment to Recommendation 14:

The minimum contents of the district water management plans should be set out in
the statute and, should include:

(1) Goals, benchmarks, policies, the identification of resource management issues,
implementation strategies and schedules (for each of the following areas), intended
to support and implement the State Comprehensive Plan, the substantive issues
currently set forth in Section 373. 036 ,Florida Statutes, and other statutory goals and
and objectives in each of the following areas:









Add a new Recommendation prior to existing Recommendation 18 (with
appropriate introductory language):

Recommendation #

The Legislature should require that each regional planning council, in addition to
the current statutory requirement to identify resources of regional importance,
should be required to approve maps of those resources.









Amendment to Recommendation 18

In order to assist the regional planning councils, the Legislature should require each
water management district to submit a-report a copy of the Water Resources and
Facilities Report to each regional planning council within its jurisdiction to be used
in developing and subsequently amending strategic regional policy plans.....

















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