Title: Regional Subcommittee Recommendations Land Use and Water Planning Task Force
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Permanent Link: http://ufdc.ufl.edu/WL00004379/00001
 Material Information
Title: Regional Subcommittee Recommendations Land Use and Water Planning Task Force
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Regional Subcommittee Recommendations Land Use and Water Planning Task Force (JDV Box 49)
General Note: Box 21, Folder 2 ( Land and Water Planning Task Force - 1994 - 1995 ), Item 21
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004379
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







CARLTON, FIELDS, WARD, EMMANUEL, SMITH & CUTLER, P. A.

ATTORNEYS AT LAW


ONE HARBOUR PLACE
P.O. BOX 3239
TAMPA. FLORIDA 33601
(813) 223-7000
FAX (813) 229-4133


FIRSTATE TOWER
P.O. BOX 1171
ORLANDO. FLORIDA 32802
(407) 849-0300
FAX (407) 648-9099


HARBOURVIEW BUILDING FIRST FLORIDA BANK BUILDING
P.O. BOX 12426 P.O. DRAWER 190
PENSACOLA, FLORIDA 32582 TALLAHASSEE, FLORIDA 32302
(904) 434-0142 (904) 224-1585
FAX (904) 434-5366 FAX (904) 222-0398


ESPERANTE BARNETT TOWER
P.O. BOX 150 P.O. BOX 2861
WEST PALM BEACH. FLORIDA 33402 ST. PETERSBURG. FLORIDA 33731
(407) 659-7070 (813) 821-7000
FAX (407) 659-7368 FAX (813) 822-3768


PLEASE REPLY TO :

Tallahassee


VIA TELECOPY


July 18, 1994


MEMORANDUM


TO:


FROM:


RE:


Teresa B. Tinker


Jake Varn


Regional Subcommittee Recommendations
Land Use and Water Planning Task Force


Attached for your information and review are the
recommendations approved by the Regional Subcommittee.
review these recommendations to make sure that these
recommendations are consistent with the actions of the
subcommittee.


Please


If any of these recommendations need revising, please let me
know.


JDV:dgb
Attachment


cc: Paul Carlson


Y#35660.1










PROPOSED RECOMMENDATIONS


1. With respect to the Strategic Regional Policy Plans (SRPPs),
we determined that the existing linkages to the state level
plans (i.e., the State Comprehensive Plans and various DOT,
-] DCA and DEP plans) were adequate. However, in the-event
TOlz0To( that an SRPP is inconsistent with State Comprehensive Plan
SPLA4 or in conflict with a state agency plan, we recommend that
the OPB, the affected state agencies, any affected local
government or any substantially affected person have the
right to appeal the adoption of the SRPP to the Governor and
Cabinet sitting as the Administration Commission. The
linkage between the SRPPs and local governments is also
adequate.

2. The SRPPs are not to conflict with the District Water
Management Plans (DWMPs) or the Regional Water Supply Plans
(RWSPs).

3. With respect to the DWMPs, we agreed that the DWMPs of the
future will be different than the DWMPs currently being
prepared. We recommend that DWMPs be expressly provided for
in Chapter 373, Florida Statutes, and that the minimal
contents of the DWMPs be set out in the statute. DWMPs are
-- to be prepared to be consistent with the State Comprehensive
Plan and the appropriate DEP plan (i.e., State Water Policy
or Florida Water Plan). The DWMPs are to be adopted as
rules pursuant to Chapter 120, Florida Statutes. DEP as /gA/
part of its general supervisory authority s il ew a
DWMPs and if it determines that a WMP is consistentn with
the State Comprehensive Plan, the DEP Water Policy or
Florida Water Plan, an appeal shall be filed with the
Florida Land and Water Adjudicatory Commission. In its
review DEP should also review the DWMP to ensure that it is
compatible with the State Transportation Plan and State Land
Development Plan. Once the DWMP is adopted, all future
rules of the water management district are to be consistent
with the DWMP. The water management districts are to
provide technical assistance to local governments as
provided in Chapter 373, Florida Statutes, and this
technical assistance is not to be construed to be a rule.
Technical assistance and advise is not required to be
approved pursuant to Chapter 120, Florida Statutes.



AVAI&,6Lt D~


Y#35660.1











4. All regional water supply authorities shall adopt Regional
Water Supply Plans (RWSPs). RWSPs shall be adopted as rules
and are to be compatible with the DWMPs and consistent with
the State Comprehensive Plan, the State Water Policy and the
Florida Water Plan. DEP shall review all RWSPs for
compatibility and consistency. If DEP determines said plan
to be inconsistent or incompatible, an appeal shall be filed
with FLWAC.

5. For a local government that is a member of a regional water
supply authority, the local government comprehensive plan is
to be compatible with the RWSP.

6. The district water management planning and regional water
supply planning processes shall be continuous and on-going
processes. Each water management district and regional
water supply authority shall prepare an evaluation and
appraisal report on their respective plans (DWMPs and RWSPs)
at least once every five (5) years; assess the successes or
failures of the plan; address changes to the state
comprehensive plan and other plans with which it must be
consistent or compatible; and prepare and adopt by rule
amendments, revisions or updates to the plan as needed.

7. The Governor and Cabinet, sitting as either the
Administration Commission or the Florida Land and Water
Adjudicatory Commission, shall be the appellate body for
appeals involving the consistency or compatibility of SRPPs,
DWMPs, RWSPs, amendments thereto and rules. Any
substantially affected person may appeal the adoption of a
SRPP, DWMP, RWSPs, amendments thereto or rules on the
grounds that the SRPPs, DWMPs, RWSPs, amendments thereto or
rules are inconsistent or incompatible.



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PROPOSED RECOMMENDATIONS


1. With respect to the Strategic Regional P icy Plans (SRPPs),
we determined that the existing linkage to the state level
plans (i.e., the State Comprehensive P ans and various DOT,
DCA and DEP plans) were adequate. Ho ever, in the event
that an SRPP is inconsistent with S te Comprehensive Plan
APPl or in conflict with a state agency plan we recommend that
the OPB, the affected state agencies, any affected local
government or any substantially affected person have the
right to appeal the adoption of the SRPP to the Governor and
Cabinet sitting as the Administration Commission. The
Linkage between the SRPPs and local governments is also
adequate.

2. The SRPPs are not to conflict with the District Water
Management Plans (DWMPs) or the Regional Water Supply Plans
(RWSPs).

3. With respect to the DWMPs, we agreed that the DWMPs of the
future will be different than the DWMPs currently being
prepared. We recommend that DWMPs be expressly provided for
in Chapter 373, Florida Statutes, and that the minimal
contents of the DWMPs be set out in the statute. DWMPs are
to be prepared to be consistent with the State Comprehensive
Plan and the appropriate DEP plan (i.e., State Water Policy
or Florida Water Plan). The DWMPs are to be adopted as
rules pursuant to Chapter 120, Florida Statutes. DEP as
part of its general supervisory authority shall review al WOlU%1ImW
DWMPs and if it determines that a SWMP is(consisten- with
the State Comprehensive Plan, the DEP Water Policy or
Florida Water Plan, an appeal shall be filed with the
Florida Land and Water Adjudicatory Commission. In its
review DEP should also review the DWMP to ensure that it is
compatible with the State Transportation Plan and State Land
Development Plan. Once the DWMP is adopted, all future
rules of the water management district are to be consistent
with the DWMP. The water management districts are to
provide technical assistance to local governments as
provided in Chapter 373, Florida Statutes, and this
technical assistance is not to be construed to be a rule.
Technical assistance and advise is not required to be
approved pursuant to Chapter 120, Florida Statutes.


Y#35660.1











4. All regional water supply authorities shall adopt Regional
Water Supply Plans (RWSPs). RWSPs shall be adopted as rules
and are to be compatible with the DWMPs and consistent with
the State Comprehensive Plan, the State Water Policy and the
Florida Water Plan. DEP shall review all RWSPs for
compatibility and consistency. If DEP determines said plan
to be inconsistent or incompatible, an appeal shall be filed
with FLWAC.

5. For a local government that is a member of a regional water
supply authority, the local government comprehensive plan is
to be compatible with the RWSP.

6. The district water management planning and regional water
supply planning processes shall be continuous and on-going
processes. Each water management district and regional
water supply authority shall prepare an evaluation and
appraisal report on their respective plans (DWMPs and RWSPs)
at least once every five (5) years; assess the successes or
failures of the plan; address changes to the state
comprehensive plan and other plans with which it must be
consistent or compatible; and prepare and adopt by rule
amendments, revisions or updates to the plan as needed.

7. The Governor and Cabinet, sitting as either the
Administration Commission or the Florida Land and Water
Adjudicatory Commission, shall be the appellate body for
appeals involving the consistency or compatibility of SRPPs,
DWMPs, RWSPs, amendments thereto and rules. Any
substantially affected person may appeal the adoption of a
SRPP, DWMP, RWSPs, amendments thereto or rules on the
grounds that the SRPPs, DWMPs, RWSPs, amendments thereto or
rules are inconsistent or incompatible.


Y#35660.1



















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