Title: Memo to Members of Regional Issues Subcommittee Re: Land Use and Water Planning Task Force Discussion
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 Material Information
Title: Memo to Members of Regional Issues Subcommittee Re: Land Use and Water Planning Task Force Discussion
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Memo to Members of Regional Issues Subcommittee Re: Land Use and Water Planning Task Force Discussion (JDV Box 49)
General Note: Box 21, Folder 2 ( Land and Water Planning Task Force - 1994 - 1995 ), Item 27
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004390
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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CARLTON, FIELDS, WARD, EMMANUEL, SMITH & CUTLER, P. A.
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PLEASE REPLY TO :
Tallahassee

May 9, 1994 Jake Varn

MEMORANDUM Working Copy

TO: Members of Regional Issues Subcommittee

FROM: Jake Varn -J,

RE: Land Use and Water Planning Task Force

I found the discussions at our April 28, 1994, subcommittee
meeting very interesting, helpful and thought provoking. Set out
below are some of the items we discussed and some of my thoughts
about our tasks. The order of these items is not intended to
reflect any order of priority.

1. We discussed the relationship of the water management
districts and the district water management plans to
the strategic regional policy plans. The options, most
of which were discussed, are as follows:

a. no relationship between the districts and their
plans to the strategic regional policy plans and
the regional planning councils.

b. the districts and the plans are advisory.

c. the districts and the plans are binding on the
regional planning councils and the strategic
regional policy plans.

d. the districts and the plans represent the minimum
requirements to be used by the regional planning
councils and in the strategic regional policy
plans. (This would give the regional planning
council the ability to adopt more stringent
measures if it were so included.)


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MEMORANDUM
May 9, 1994
Page Two



To assist us in this exercise, the water management districts are
going to provide us with a list of the information that they
provide to the regional planning councils. We want to examine
this information because it may be that we need to look at each
item before resolving this issue.

2. It is my view that there are certain things the water
management districts do that should constitute the
minimum criteria for the regional planning councils.
Currently the relationship between the water management
districts and the regional planning councils is not
statutorily defined. In some instances agreements
exist between the district and the planning councils.
In other instances, the relationship is an informal
one. In others, a relationship may not exist. In
other words, the relationships are whatever both
entities agree they should be. It is my view that we
need to recommend what this relationship should be and
the relationship needs to be defined statutorily.

3. Currently,the district water management plans are not
adopted as rules by the water management districts.
Further, the water management districts' rules
(standards) are not required to be consistent with the
districts' water management plans. It is my view that
these plans should be adopted as rules and all rules
must be consistent with the adopted plans.

4. An important aspect of having any agency adopt a plan
is knowing what is supposed to be in the plan. If
others agree with me that the water management district
plans should be adopted as rules, it is imperative that
the districts understand what is supposed to be in the
plans. We spent some time talking about the content of
the plans. It is my view that many times we try to put
too much detail into the plans. We would be better
served by having maps and the identification of
geographically designated resources as the data and
analysis that supports the plan. The data and analysis
is gong to vary with the plan. It is my view that the
data and analysis should be used to support the plan
and in the implementation of the plan.


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MEMORANDUM
May 9, 1994
Page Three


5. In conjunction with items 1 and 2 above, once we decide
on the relationship between the regional planning
councils and the water management districts, we may
need to deal with how conflicts between the two will be
resolved. Again, whether or not we have to deal with
this issue depends on how we handle items 1 and 2.

6. Fundamental to what our Task Force is doing is the
implication that the State Comprehensive Plan, the
Growth Management Portion, the State Land Development
Plan, the various plans by DEP, the State
Transportation Plan, the Strategic Regional Policy
Plan, the District Water Management Plans and the Local
Government Comprehensive Plans are all consistent with
one another. I trust that we all agree on this. If
not, we need to revisit this issue immediately.

7. From our discussions it appears that there is some
confusion at the regional level as to which DEP plan
the regional planning councils and water management
districts should be following. Currently there is the
State Water Policy, the State Water Use Plan and the
Florida Water Plan. Perhaps some statutory
clarification is in order.

8. In those areas of the State where there is no regional
water supply authority, who has the responsibility for
regional water supply? In those areas where a regional
water supply authority exists, what is the relationship
between the regional water supply authority, water
management district and regional planning council?
What linkage exists from the state level to the
regional water supply authority?

Chairperson Tschinkel has asked our subcommittee to present
its recommendations at our meeting on Friday, July 8. Inasmuch
as I am unable to attend our next Task Force meeting on Friday,
May 13, we may need to schedule a subcommittee meeting at a time
other than in connection with our scheduled meeting on June 20.
Based on my most recent conversation with Chairperson Tschinkel,
there may be only subcommittee meetings scheduled for June 20.

I will try to confirm the meeting schedule before setting
any further subcommittee meetings. Remember our subcommittee is
due to report its recommendations on July 8. Our subcommittee
will be the first to report.


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A


MEMORANDUM
May 9, 1994
Page Four


In closing, if there are other issues to be addressed to our
subcommittee please let me know immediately. It is my intention
to have a discussion of all the issues at our next subcommittee
meeting. Our discussion will involve input and comments from all
affected persons and agencies.

JDV:dgb


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