Title: Comparison of Exhisting Statutory Language and Recommended Statutory Revisions
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 Material Information
Title: Comparison of Exhisting Statutory Language and Recommended Statutory Revisions
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Comparison of Exhisting Statutory Language and Recommended Statutory Revisions (JDV Box 49)
General Note: Box 21, Folder 2 ( Land and Water Planning Task Force - 1994 - 1995 ), Item 26
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004385
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

COMPARISON OF EXISTING STATUTORY LANGUAGE
AND RECOMMENDED STATUTORY REVISIONS

EXISTING STATUTORY LANGUAGE RECOMMENDED STATUTORY
REVISIONS


373.036. State water use plan

(1) The department shall proceed as
rapidly as possible to study existing
water resources in the state; means and
methods of conserving and augmenting
such waters; existing and contemplated
needs and uses of water for protection
and procreation of fish and wildlife,
irrigation, mining, power development,
and domestic, municipal, and industrial
uses; and all other related subjects, in-
cluding drainage, reclamation, flood
plain or flood-hazard area zoning, and
selection of reservoir sites. The depart-
ment shall cooperate with the Executive
Office of the Governor, or its successor
agency, progressively to formulate, as a
functional element of a comprehensive
state plan, an integrated, coordinated
plan for the use and development of the
waters of the state, based on the above
studies. This plan, with such amend-
ments, supplements, and additions as
may be necessary from time to time, shall
be known as the state water use plan.


_______________________________________________________________ .5


A. Repeal the existing provisions
of 373.036 (2), F.S. 1993, which
provide the elements to be con-
sidered in the development of the
State Water Use Plan, as duplica-
tive of the existing Water Man-
agement District efforts to re-
gionally address ground water
inventories, needs and sources
analyses, minimum flows and
levels, and technical assistance
to local governments pursuant
to 373.0391, 373.0395, 373.0397,
and 373.4042.

(See also recommendation 'D")


B. Create a new section 373.036(2)
to specifically authorize DEP's
development of a consolidated
"Florida Water Plan" (FWP), and
to provide legislative direction
as to the content and effect of the
FWP. This legislation should:

Provide specific statutory au-
thority for DEP's preparation of
the FWP, in coordination with
the WMDs and other appropriate
entities

Provide that the FWP be struc-
tured to contain goals, bench-
marks, and policies intended to
support and implement the plan.

Provide that the FWP should
address water management goals
and responsibilities, including at
a minimum: water supply pro-
tection and management; flood





COMPARISON OF EXISTING STATUTORY LANGUAGE
AND RECOMMENDED STATUTORY REVISIONS


EXISTING STATUTORY LANGUAGE RECOMMENDED STATUTORY
REVISIONS


(2) In the formulation of the state water
use plan, the department shall give due
consideration to:

(a) The attainment of maximum reason-
able-beneficial use of water for such pur-
poses as those referred to in subsection (1).

(b) The maximum economic development
of the water resources consistent with
other uses.

(c) The control of such waters for such
purposes as environmental protection,
drainage, flood control, and water storage.

(d) The quantity of water available for
application to a reasonable-beneficial use.

(e) The prevention of wasteful,
uneconomical, impractical, or unreason-
able uses of water resources.

(f) Presently exercised domestic use and
permit rights.

(g) The preservation and enhancement of
the water quality of the state and the
provisions of the state water quality plan.

(h) The state water resources policy as
expressed by this chapter.


_______________________________________________________________ &


protection and management;
water quality protection and
management; and natural sys-
tems protection and manage-
ment.

*Provide additional statutory
direction as to the content of the
FWP, including:

*A requirement that the FWP
provide for a 20 year planning
horizon, in order to be consis-
tent with the planning horizons
of Water Management District
Plans and for long-term local
government land use planning

A requirement for the identifi-
cation in the FWP, pursuant to
statutorily established criteria,
of water resource areas or resto-
ration efforts which are of state-
wide significance, if any, to-
gether with related policies
needed to protect or support
such areas efforts, or policies

Delineation of the roles of DEP
and the WMDs in water resource
planning activities, and the
implementation of the FWP;
recognizing the varying re-
sources available to the indi-
vidual WMDs

Such other direction as to the
content of the FWP as may be
necessary or desirable, includ-
ing for example those elements
of the FWP outlined in proposed
Chap 17-40.510





COMPARISON OF EXISTING STATUTORY LANGUAGE
AND RECOMMENDED STATUTORY REVISIONS


EXISTING STATUTORY LANGUAGE


Section 380.031(17). This definitional
provision provides:

'State land development plan' means a
comprehensive state-wide plan or any
portion thereof setting forth state land
development policies.




No other statutory direction as to the
content of the State Land Development
Plan exists.


I.


_______________________________________________________________ .5


RECOMMENDED STATUTORY
REVISIONS


N. Create a new section within
Chapter 380, F.S. to specifically
authorize DCA's development of
the State Land Development
Plan (SLDP), and to provide leg-
islative direction as to the con-
tent and effect of the SLDP. This
legislation should:

* Provide specific statutory au-
thority for DCA's preparation of
the SLDP

* Provide that the SLDP be struc-
tured to contain goals, bench-
marks and policies intended to
support and implement the plan.

* Provide statutory direction as
to the content of the SLDP, in-
cluding:

*A requirement that the SLDP
provide for a 20 year planning
horizon, in order to be consis-
tent with the planning horizons
of Water Management District
Plans and for long-term local
government land use planning

* A requirement for the SLDP to
contain, at a minimum, goals,
benchmarks and policies ad-
dressing the land use implica-
tions of: (i) affordable housing;
(ii) economic development; (iii)
emergency preparedness; (iv)
identified natural resources of
state-wide significance; and (v)
identified state-wide transpor-
tation issues.





COMPARISON OF EXISTING STATUTORY LANGUAGE
AND RECOMMENDED STATUTORY REVISIONS


EXISTING STATUTORY LANGUAGE RECOMMENDED STATUTORY
REVISIONS

SSuch other direction as to the
content of the SLDP as may be
necessary or desirable, includ-
ing for example, those elements
listed as components of the
Growth Management Portion of
the State Comprehensive Plan
in 186.009 (2).


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