Title: Proposal Regarding State Water Policy - 4/8/96 Draft
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 Material Information
Title: Proposal Regarding State Water Policy - 4/8/96 Draft
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Proposal Regarding State Water Policy - 4/8/96 Draft
General Note: Box 24, Folder 1 ( Governmental Rules, Regulations, Legislation and Administrative Laws - 1996 ), Item 3
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004549
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



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Amendment to the Water Policy bill (drawn to yellow version)


On page 8, lines 19-21, strike all of said lines,




and insert:


(14)-(6-)- "Water resources imDlementation rule" "Ctait water
policy" means the rule :omprehensive state w.ide policy a adopted
by the department pursuant to s. 373.036-s 373.02C and 103.01.

setting forth goals, objectives, and












Amendment to the Water Policy bill (drawn to yellow version)


On page 14, lines 2 and 3, strike all of said lines,



and insert:



include the water quality standards and classifications of the

department. The Florida water plan shall set forth goals,

objectives, and guidance for the development and review of

programs, rules, and plans relating to water resources. The

department shall adopt by rule those goals, objectives, and

guidance that are to be legally binding and shall call this rule

the "water resources implementation rule." The department shall

review rules of the water management districts for consistency

with this rule, pursuant to s. 373.114. Uoon the effective date

of this act, the existing state water policy rule, Chapter 62-40,

Florida Administrative Code, shall become the water resources

implementation rule and shall be renamed upon its next amendment.












Amendment to Water Policy bill (drawn to yellow version)



On page 19 lines 22-28, strike all .of said lines,



and insert:

Section 9. Subsections (1), (7), and (8) of section

373.103, Florida Statutes are amended to read:

373.103 Powers which may be vested in the governing board

at the department's discretion.--In addition to the other powers

and duties allowed it by law, the governing board of a water

management district may be specifically authorized by the

department to:

(1) Administer and enforce all'provisions of this chapter,

including the permit systems established in parts II, III and IV

of this chapter, consistent with the provisions of s. 373.036
"C-t~ i' r -- rte nr l c' '.











Amendment to Water Policy bill


On page between lines and ,



insert:

Section Subsection (2) of section 373.114, Florida

Statutes, is amended to read:

373.114 Land and Water Adjudicatory Commission; review of

district rules and orders; department review of district rules.--

(2) The department shall have the exclusive authority to

review rules of the water management districts other than rules

relating to internal management of the districts, to ensure

consistency with the provisions of s. 373.036 state water policy

as set foth ir the rulez of the department. Within 30 days

after adoption or revision of any water management district rule,

the department shall initiate a review of such rule pursuant to

this section.













Amendment to Water Policy bill


On page _, between lines and __


insert:

Section Subsection (3) of section 373.418(3), Florida

Statutes, is amended to read:

373.418(3) Rulemaking; preservation of existing authority.-

(3) The department or governing boards may adopt such rules

as are necessary to implement the provisions of this part. Such

rules shall be consistent with s. 373.036 state water policy and

shall not allow harm to water resources or be contrary to the

policy set forth in s. 373.016.











Amendment to the Water Policy bill



On page between lines and ,



insert:

Section Subsection (2) of section 373.456(2), is

amended to read:

373.456(2) Approval of surface water improvement and

management plans.--

(2) The department shall have the exclusive authority to

review the plan to ensure consistency with s. 373.036 the state

water peoli. j and the State Comprehensive Plan.











Amendment to the Water Policy bill


On page between lines,


and __


insert:

Section __. Subsection (14) of section 403.031, Florida

Statutes, is amended to read:

403.031 Definitions.--In construing this chapter, or rules

and regulations adopted pursuant hereto, the following words,

phrases, or terms,- unless the context otherwise indicates, have

the following meanings:

(14) "Water resources implementation rule" "State water

policy means the rule compr ehensi--ve tatewide policy adopted by

the department pursuant to s. 373.036 o. 372.C2c and 40.0C1,

setting forth goals, objectives, and guidance for the development

and review of programs, rules, and plans relating to water

resources, the waters of the state are among its most basic

resources. Such waters should hall be managed to conserve and

protect water resources and to realize the full beneficial use of

these resources. Tmhe Lad Uzse and tr Pl-annin ta: frea: '-wa

esta.blishd by chapter 2. 209 La,.zaws _f Fio-rrida, tz_ r _l. '


rzcommncda-.-ons to


the Legislazture


the relatienhip bet-ween


distre-i c wat- z Lr anragem en -i ft _, -


S -J. ,', ,..
. .s..z Cnaepent.-'tc. .r rrg polincy polio--hand- tls


enB~-


FM -r











m..haniamo and proezdur-es for est=ablishing and amending wiat er

policy. In an attempt-to ncrnsider ths: recommendation and

receive th benefit of a review by H1:ue and aenate natural

re.iurcc n.mm:itt:e, t.h: am~ndhmentc to chapter 17 ,0, l orida

Admininitrative Coda, adopted by the En:ircnmantal egulation

ef. mission cn Docomber !, ip3;, shall not become effective until

Jul-y 1, 1995 .











Amendment to Water Policy bill


On page __, between lines __ and ,



insert:

Section _. Paragraph (a) of subsection (3) of section

403.089, Florida Statutes, is amended to read:

403.0891 State, regional, and local stormwater management

plans and programs.--

(3) (a) Each local government required by chapter 163 to

submit a comprehensive plan, whose plan is submitted after July

1, 1992, and the others when updated after July 1, 1992, in the

development of its stormwater management program described by

elements within its comprehensive plan shall consider the water

resources implementation rule adopted Dursuant to s. 373.036

c.at va.tor policy, district stormwater management goals, plans

approved pursuant to the Surface Water Improvement and Management

Act, ss. 373.451-373.4595, and technical assistance information

provided by the water management districts pursuant to s.

373.0391.












Amendment to the Water Policy bill

On page _, between .lines and _



insert:

Section Sections 403.061(33), 373.026(10), relating to

the state water policy rule, are hereby repealed.




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