Title: State Of Florida, Office of the Governor Executive Order Number 95-XXX. A Specific Proposal for Strengthening the Role of the Water Resourses Coordination Commission - 8/23/95 Draft
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00004919/00001
 Material Information
Title: State Of Florida, Office of the Governor Executive Order Number 95-XXX. A Specific Proposal for Strengthening the Role of the Water Resourses Coordination Commission - 8/23/95 Draft
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Jake Varn Collection - State Of Florida, Office of the Governor Executive Order Number 95-XXX. A Specific Proposal for Strengthening the Role of the Water Resourses Coordination Commission - 8/23/95 Draft (JDV Box 39)
General Note: Box 29, Folder 8 ( Florida Water Plan - 1995 ), Item 4
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004919
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
AUG 24'95 13:43

A specific



proposal for strengthening the role of the Water Resources
ion Commission. + & 3 1=L






AUG 2 5 19Q9
Carlton Fields- Tallaha s;e?

WHF REAS. the effective management of the state's water resources is critical to

the environ mental and economic interitv of the state and, therefore among my highest

priorities, aid

WHEREAS, Article II, Section 7, of the Florida Constitution provides that it is

the policy cf the state to conserve preserve and protect Florida's natural resources and

scenic beauty, and

WH 3RBAS, the waters of the state are a fudamental basis part of those natural

resources a ad scenic beauty, and

WH EAS, the waters of the state are used for agricultural, industrial, public

supply, and other uses and to provide an environment for the propagation of wildlife,

fish and o er aquatic life, and

WH REAS, the Legislature has recognized the importance of the state's water

resources by enacting chapter 373, Florida Statutes, which empowers the Department of

Enviromnm tal Protection Regulation and the Water Management Districts to preserve,

protect, ma mage, and Drovide for the proper use of the waters of the state consistent with

the public i terest, and

AUG 24'95 15:29 FR A DUDA AND SONS INC 487 365 2147 TO HOPPING


FAS. it is mV resnonsibiffiv to aono in f bndwoerecti e t4, *"

governing board members of the Water Management Districts and the Secretary of the


-- -


Water Manag



agencies to co

rules, and reg



it is appropria

Regulatie and

efforts to presi

water resource


Flrida, by vir.

of Florida, do

Section l,

The Wa


P wfrniranimnrl protection, and

EAS, section 373.026(7), Florida Statutes, provides that the Department of

SPtecdon Uegulat a shall exercise general supervisory authority over the

ament Districts, and

EAS, it is consistent with the public interest for the Department of

Protection Reglation, the Water Management Districts, and other state

Operate to the maximum extent possible and to adopt consistent policies,

actions, while recognizing the hydrologic differences among in the Districts,

EAS, in accordance with my duties as the chief executive officer of Florida,

e that, with my mridance, the Department of Environmental Protecon

I the Water Management Districts coordinate and iointl enhance their

rve, protect, manage, and provide for the proper use of our precious

T R ORE, I, LAWTON CHILES, as Governor of the State of

eof the authority vested in me by the Constitution and law of the State

ereby promulgate the following Executive Order effective immediately:

ter Resources Coordination Commission, hereinafter referred to as the

s created.

** TOTAL PAGE.004 **

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P. 04/04

AUG 24'95 13:44 FR A DUDA AND SONS INC 407 365 2147 TO HOPPING
a I


Section 2.

The Commission shall consist of the lieutenant Governor. the Secretary of the

Department of Environmental Protection Regulatie, the chairpersons and the executive

directors o the five Water Management Distics, and the directors of the Divisions of

Water" gmen-and Water Facliies. Environmental Resource Permittin~ and Stat

hands and e Executive Coordinator for Esystem Management of the Department of

Environme tal Protection Reg The Secretary of the Department of

Environmental Protection Reggatieo and the chairpersons of the Water Management

Districts sh l be equal voting members. The Secretar may designate a deputy secretary

or division director to attend in the Secretary's absence and the chairnersons of the

Water Maimi

azment Districts may desianate their rice chairs to .....nd n thenr absences.

The Leutenant Governor, executive directors, ad division directors, and. cutive

Coordnator for Ecosystem Management shall not vote, but shall act as liaison between

the Commission and their respective staffs. Any voting member may place a matter on

the meeting agenda.

Section 3.


serve as pti

among the

3ccretary of the Department of environmental Protection Regulatien shall

manent co-chair of the Commission. The other o-chair shall rotate annual

hairpersons of the Water Management Districts. A QanirNs rsn f a WVat

P-1-Atda0 dwXi be Weead by the o~thef sheippefseatoserea h te

inIael ef the G -mscien for a one yeer tefm as deter-mined -owmilly by &a~ ehnirpaonz--.

=hiCm AMi acin chiall meeS t$ AtE 'Man qnitrt-ri or. mor frquontl UPOuR the "ai of a so

I -




Water Ma.


AUG 24'95 15:29 FR A DUDA AND SONS INC 407 365 2147 TO HOPPING

Section 4.

Th. C

oissiga n phall annuaB he

Office of the governor. The Commisson shall meet at least quarterly, or uon the ca

of a co-chair to implement the annual worlkplan and respond to current needs and

issues. The S cretary of the Department of Environmental Protection shall have the

responsibility or preparing the agenda for ouarterly meetings in cooperation with the

Water Manag -ment Districts. setting the quarterly meetings, publishing notice of

meetings, and keeping minutes. The quarterly agendas shall include a standing item for

presentations .nd comments from other government agencies and the public. The

Commission shall, in addition to publishing notice of the meetings, issue written notice of

its meetings tc the Departments of Community Afairs. Agriculture and Consumer

Services, and Transportation and the Game and Fresh Water Fish Commission. all of

which may submit items for the quarterly agendas. ,,C

~mmicim~n~ cLrTU oczrCIn anrl

resposbltIes Ct the 4J4p&Itment ot Envuonmcntnj JKogujcotion and tae watfr

Section 5.

TheCo mission shall: Assist the Department of Environmental Protection and

the Water Management Districts in the administration and implementation of their

statutory watet resources responsibilities in order to more effectively preserve. protect

manage, and provide for the proper use of the state's water resources: coordinate and

advance efficiercy and consistency in water resources policy development, planning rule


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AUG 24'95 13:44 FR A DUDA AND SONS INC 407 365 2147 TO HOPPING P.04/05
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Section 6.

Key functions of the Commission shall incde:

I To serve as a key mechanism for guidance from the Office of the Governor

to the Department and Water Management Districts on water resources


b To serve as a key communication mechanism for Deartment's general

supervisory authority.

c. To identify issues which the Department and/or Water Management

Districts may need to address through water policy. rules. plans, program

development or staff coordination in order to reduce conflicts and

promote statewide consistency.

d. To coordinate with and serve as a contact for other federal state. regional.

and local agencies on water resources issues.

a. To provide gidance to. make requests of and receive reenlar reports from

ioint Departmnt/Water Management District leal regulatory.

management and planning worn~ r mMos.

To receive reports from and coordinate responses to the Department of

Community Affairs. the regional planning councils and local government

on water and related land management issues

AUG 24'95 15:28 FR A DUDA AND SONS INC 407 365 2147 TO HOPPING

Section 7.

than October

To coordinate joint Department and Water Management District initiatives

on environmental education public outreach, and emergency management

',lanninu and imolemintafionr.

To receive periodic reports on and promote Water Manaaement District

:fForts on water sm lv~hnc-~lu~nn conservation and alternative sources.

rnisvivu shall inhmit to the Frcumtive Office of the Govenor, no later

31 of each year, an pornyal report which describes the
progress of the

Commission ir carrying out its annual workplan and other significant activities and


Its. The report shall also describe the Commission's interactions with

other federal~ ~iit reuion.

issues. The-

_ __ ___ _A .-9 _.

emd loale aurendes and the nublic re~ardino water resoiirces

Section 8 S.

In car ing out its responsibilities, the Commission is authorized to call upon any

agency, department, division, or office of the state to support its duties and

responsibilities as it deems necessary. Each agency, department, division, or office of the

state under th< control of the Governor is directed, and all other agencies are requested,

to cooperate smith the Commission and provide it with such information and assistance as

necessary to acmplsh the purposes of the Executive Order.



,f- n ae s il.inhlngcn _minad le-ntv sucs


issinx, shaM guhmit to the Executive Office of the Cinvemm "n later r-r --r-


acouismls h enr halasodsrbeteComsio' ntrcioswt

other fedei I Lt recrional and local acrencies and tl public r"Arding-~~ '~-~- watr r -n-eft

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AUG 24'95 13:45 FR A DUDA AND SONS INC 407 365 2147 TO HOPPING
S o- .. I

Se&don 9 4

may receive


Section 10.

The s



bers of the Commission shall not receive compensation for their services, but

reimbursement for travel and per diem from their respective agencies in

with section 112.061, Florida Statutes.

;taff for administrative purposes of the Commission shall be the staff of the

of Environmental Protection "',.t Iv Di.... --- ,,--':.s- .I.,,

the coopera ion of the staff of the Water Management Districts as necessary.

Professional staff of the Department of Environmental Protection and the Water



.t Districts shaihtrovide technical sunDort to the Commission.

Secton 11.


itive Order 91-266 is hereby rescinded.

** TOTAL PAGE.005 **


Manaffeme6 Districts shall -Drovide tecbnfcal sumon to the Commission




The prime directive: The Florida Legislature should create a state regulatory and
water supply program designed to assure there is more than an adequate supply of water
for all users. The fact that Florida receives an annual rainfall of 55 Inches should make
achievement of the prime directive feasible if we wisely use our surface and groundwater

Legislative strategies to accomplish the prime directive should include:

1. Establish policy by statute which assigns water management district governing
boards responsibility for water supply planning, development, and allocation as
primary mission. Retain governing board authority over flood control, works of
the district permitting, and consumptive use permitting.

2. Direct WMD governing boards to develop sources of water supply funded
through bonds issued based upon pledged revenues from local government and
utilities. Restrict boards to the wholesale allocation and/or delivery of water.

3. Relieve governing boards of the responsibility for issuing environmental
resource permits by authorizing water management district executive directors to
issue all permits under the delegated authority ofDEP except consumptive use
permits under Part H of 373 and Works of the District permits under Part IV.
Maintain the activity based split between DEP and water management districts.

4. Transfer rule adoption responsibilities, except those under Part U of 373 Works
of the District under Part IV, from water management district governing boards to
a reconstituted and more balanced Environmental Regulation Commission.
Transfer corresponding permit appeal responsibilities to the Secretary of DEP.

5. Institute legislative oversight as required to insure orderly progress toward
meeting the water supply needs ofFlorida citizens, business, and the natural

6. Restructure water management district governing boards to reflect various
water user groups including industry, agriculture, representatives of environmental
interests, and representatives of the consuming public.

7. Establish a legal mechanism for a WMD to process and issue consumptive use
permit for a water supply development project of the district pursuant to district

rules with final issuance of permit subject to approval by the Secretary of DEP.

8. Over time, direct revenues derived from the wholesale delivery of water toward
reducing reliance on groundwater as principal drinking water source through
conservation, water reuse, desalinization, and utilization of surface waters,
particularly flood waters and other high water sources

9. Over time, transfer to the water management districts responsibility for state
lands (other than submerged lands), state parks, state forests, so that these lands
would be available for multiple purpose management including water resource

10. Over time, streamline the regulatory process by consolidating environmental
resource permitting within DEP and removing all regulatory authority from water
management districts except Part II and Part IV Works of the District permits.

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