Title: Water Management District Review Commission
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Permanent Link: http://ufdc.ufl.edu/WL00004938/00001
 Material Information
Title: Water Management District Review Commission
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Water Management District Review Commission (JDV Box 39)
General Note: Box 29, Folder 9 ( Water Management District Review Commission - 1995 ), Item 5
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004938
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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WATER MANAGEMENT DISTRICT
REVIEW COMMISSION

The activities of Florida's five water management districts have great impact on citizens throughout the
state, and the Commission believes that the public can provide valuable information on the operation
of the water management districts and the laws they administer. The Commission solicits your input
at a regional public hearing to be held on:

THURSDAY, JULY 27, 1995

PUBLIC HEARING LOCATION:
Florida West Coast Symphony Center
709 North Tamiami Trail
Sarasota, Florida 34236

AGENDA:
5:00 6:30 P.M. Registration
5:30 8:30 P.M. Public Testimony

Testimony during the public hearing will be limited to five minutes per speaker on a first-come, first
served basis. Speakers representing the same group or issue should select one spokesperson so the
Commission may hear as many perspectives as possible. The Commission asks that each speaker
submit his or her comments in writing at the time of presentation. Sufficient copies for each of the
twenty-one Commissioners would be helpful. Testimony will begin at the designated opening time and
conclude with the last speaker present, if prior to the posted concluding time. Citizens unable to attend
the public hearing may submit written comments or recommendations to the Commission.

PLEASE NOTE: The remaining portions of the Commission's two-day meeting will also be held at the
Florida West Coast Symphony Center located at 709 North Tamiami Trail in Sarasota, Florida. The first
meeting segment will begin at 10:00 A.M. on Thursday, July 27,1995, with an overview of the programs
and operations of the Southwest Florida Water Management District, which will be followed by a
presentation by the Executive Director of the Peace River/Manasota Regional Water Supply Authority.
During Commission subcommittee meetings, to be held from 12:30 3:15 P.M., discussions will focus
on issues relevant to the following subcommittee areas: District Responsibilities & Operations; Land
Acquisition, Planning & Management; and Financial Structure & Budgeting. As noted above, the public
hearing portion of the meeting will be held from 5:30 8:30 P.M. (or until the last speaker has been
heard). Commencing at 8:00 A.M. on Friday, July 28, 1995, the full Commission will conduct its regular
business meeting and issue discussions, followed by formal presentations by state and local govern-
mental representatives, agricultural interests, and environmental engineers or attorneys. Interested
persons are invited to attend all meetings.

This meeting in Sarasota will be the Commission's final public hearing. Thereafter, the Commission will
conduct additional meetings to discuss and formulate its recommendations to the Governor and
Legislature, which are tentatively scheduled to be held in the following cities on the dates indicated:
Orlando (August 24-25); Tallahassee (September 26-27); Tampa (October 19-20); Orlando (November
9-10); and Tallahassee (November 30-December 1). Although public testimony will not be solicited
during these discussion meetings, the public is invited to attend all sessions.

For more information please contact Sally Bond Mann, Executive Director, Water Management District
Review Commission, 205 South Adams Street, Tallahassee, Florida 32301; Telephone (904)922-0981;
SUNCOM 292-0981; and Facsimile (904) 921-8007. (d:\data\wp\wm\sarapubh.not)








WATER MANAGEMENT DISTRICT REVIEW COMMISSION

MEETING AGENDA THURSDAY, JULY 27, 1995


TIME: 10:00 a.m. to 8:30* p.m.

PLACE: Florida West Coast Symphony Center
David Cohen Hall (unless otherwise indicated)
709 North Tamiami Trail
Sarasota, Florida 34236


10:00 a.m.-Noon:


Noon-12:15 p.m.:


OVERVIEW OF THE PROGRAMS AND OPERATIONS OF
THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

Peter G. Hubbell, Executive Director
Mark D. Farrell, Assistant Executive Director
Richard V. McLean, Deputy Executive Director, Resource Regulation


THE PEACE RIVER OPTION: BRIDGING THE GAP BETWEEN LOCAL
WATER SUPPLY AND REGIONAL WATER MANAGEMENT INTERESTS


Emilio D. "Sonny" Vergara, Executive Director
Peace River/ Manasota Regional Water Supply Authority


12:15-12:30 p.m.:


12:30-3:15 p.m.:


BREAK


SUBCOMMITTEE MEETINGS (Commission Working Lunch)


DISTRICT RESPONSIBILITIES AND OPERATIONS (Room 103)

WATER QUALITY ISSUES

Charles A. Padera, Director, Department of Water Resources
St. Johns River Water Management District

Charles C. Aller, Director, Office of Water Policy
Florida Department of Environmental Protection

General Discussion of Issues


FINANCIAL STRUCTURE AND BUDGETING (David Cohen Hall)


General Discussion of Issues








WATER MANAGEMENT DISTRICT REVIEW COMMISSION
MEETING AGENDA THURSDAY, JULY 27, 1995
(continued)


12:30-3:15 p.m.:


SUBCOMMITTEE MEETINGS (Commission Working Lunch)


LAND ACQUISITION, PLANNING AND MANAGEMENT (Room 105)

Mike Scott, The Florida Mitigation Trust Corporation
Mitigation Banking and Melaleuca

Denver J. Stutler, J. A. Jurgens and Alan G. Fickett with ECOBANK
Opportunities Through Mitigation

Robert A. Christianson, Director, Department of Planning
& Acquisition, St. Johns River Water Management District
Report and Recommendations of the Districts

Issues Discussion: Mitigation and Mitigation Banking
Updated Subcommittee Issues List
Subcommittee Report Schedule


3:15-3:30 p.m.:


3:30-5:00 p.m.:






5:00-5:30 p.m.:


5:30-8:30 p.m.*


BREAK


WATER RESOURCES COORDINATION COMMISSION

Overview of WRCC Organization & Jurisdiction

Discussion of Issues and Recommendations to Commission


BREAK


PUBLIC HEARING

Chairman's Opening Remarks

Public Testimony


*or until adjourned at the Chairman's call
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WATER MANAGEMENT DISTRICT REVIEW COMMISSION

MEETING AGENDA FRIDAY, JULY 28, 1995

TIME: 8:00 a.m. to 12:30 p.m.

PLACE: Florida West Coast Symphony Center
709 North Tamiami Trail
Sarasota, Florida 34236


8:00-9:00 a.m.:
















9:00-12:30 p.m.:

Schedule


9:00-9:30:




9:30-9:45:





9:45-10:05:





10:05-10:15:


BUSINESS MEETING (Working Breakfast)

Chairman's Opening Remarks

Executive Director Announcements

Opportunity for Comments from the Office of the Governor & the Cabinet

Opportunity for Comments by State & Local Government Elected Officials

Opportunity for Comments by Citizens

Sub-Committee Reports

General Discussion of Issues


PRESENTATIONS TO COMMISSION

Name/Affiliation and Topic


James G. Keppeler, Project Manager Desalination, Progress Energy Corporation

Seawater Desalination


John D. Williams, Chief of Bureau of Industry Structure & Policy Development
Division of Water & Wastewater, Florida Public Service Commission

Water Pricing Concepts


Thomas M. Swihart, Water Policy Administrator, Office of Water Policy,
Florida Department of Environmental Protection

Florida Water Plan, Water Policy Rule & District Water Management Plans


Dexter Lehtinen, Attorney, Lehtinen, O'Donnell, Malman, Cortifias, Vargas & Reiner

Water Management Districts and Water Quality Protection





WATER MANAGEMENT DISTRICT REVIEW COMMISSION
MEETING AGENDA FRIDAY, JULY 28, 1995 (continued)


10:15-10:30: John C. Norris, President of Florida Fruit & Vegetable Association

Preserving Florida's Water Resources and Agriculture


10:30-10:45: James F. Gamer, Attorney with Pavese, Gamer, Haverfield, Dalton, Harrison and
Jensen; Former Chair of South Florida Water Management District Board

Water Management Districts: Focus on Mission and Structure


10:45-11:00: James D. Dye, Attorney and Chair of Environmental Committee
of the Manatee Chamber of Commerce

Recommendations of the Manatee Chamber of Commerce


11:00-11:15: Robert N. Spencer IV, Member/Secretary of Manasota Basin Board
and President of Committee for Responsible Water Use

Agriculture and Water Regulation


11:15-11:30: Patricia M. Glass, County Commissioner for Manatee County and
Chair of Peace River/Manasota Regional Water Supply Authority

A Local Government Perspective


11:30-11:45: Charles E. Richards, County Commissioner for Sarasota County

District Ofec*veness in Meeting the Challenge of Long-Standing Problems


11:45-12:00: Sue Dudley, County Commissioner for Charlotte County

Water Management Regulation of Fresh Water Inflows to Estuaries


12:00-12:15: Thomas R. Ford, President of The Florida Association of Conservation Districts

Local Voluntary Approach to Conservation


12:15-12:30: Stanley W. Hole, Professional Engineer with Hole, Montes & Associates, Inc.
and Former Board Member, South Florida Water Management District


12:30 p.m.: ADJOURNMENT


I







WATER MANAGEMENT DISTRICT
REVIEW COMMISSION

NOTICE OF PUBLIC HEARING

The activities of Florida's five water management districts have great impact on citizens throughout the
state, and the Commission believes that the public can provide valuable information on the operation
of the water management districts and the laws they administer. The Commission solicits your input
at a regional public hearing to be held on:

THURSDAY, MARCH 16, 1995

PUBLIC HEARING LOCATION:
The Capital Room, Ramada Inn/Capital View
1355 Apalachee Parkway, Tallahassee, Florida

AGENDA:
4:45 6:00 P.M. Registration
5:00 7:00 P.M. Public Testimony

Testimony during the public hearing will be limited to five minutes per speaker on a first-come, first
served basis. Speakers representing the same group or issue should select one spokesperson so the
Commission may hear as many perspectives as possible. The Commission asks that each speaker
submit his or her comments in writing at the time of presentation. Sufficient copies for each of the
twenty-one Commissioners would be helpful.

Testimony will begin at the designated opening time and conclude with the last speaker present, if prior
to the posted concluding time. Citizens unable to attend the public hearing may submit written
comments or recommendations to the Commission for distribution to the members.

PLEASE NOTE: The complete program of the two-day Commission meeting will begin at 10:00 A.M.
on Thursday, March 16, 1995, with a discussion of current programs and operations of the Northwest
Florida Water Management District, which will be followed at 12:00 Noon by presentations and a panel
discussion on administrative rulemaking. Commission subcommittee meetings will convene from 2:00-
5:00 P.M. in the Capital, Veranda and Board Rooms at the Ramada Inn -Capitol View. Items to be
discussed will include issues relevant to the following subcommittee areas: District Responsibilities &
Operations; Land Acquisition, Planning & Management; and Financial Structure & Budgeting.
Commencing at 8:00 A.M. on Friday, March 17, 1995, the full Commission will conduct its regular
business meeting and hear formal presentations of state and local government officials, as well as
representatives of area agriculture and forestry interests. A panel discussion on the Administrative
Procedure Act will complete the agenda. Interested persons are invited to attend all meetings.

Commission meetings have been conducted in Tampa, Orlando, Jacksonville, Lecanto and Fort
Lauderdale. Additional public hearings on the same topics will be held in the following locations: Live
Oak (April 20-21); Clewiston (May 18-19); Pensacola (June 15-16); and Sarasota (July 27-28).

For more information please contact Sally Bond Mann, Executive Director, Water Management District
Review Commission, 205 South Adams Street, Tallahassee, Florida 32301; Telephone (904)922-0981;
SUNCOM 292-0981; and Facsimile (904) 921-8007; SUNCOM 291-8007.
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WATER MANAGEMENT DISTRICT REVIEW COMMISSION
MEETING AGENDA THURSDAY, MARCH 16, 1995


TIME: 10:00 a.m. to 7:00 p.m.

PLACE: Ramada Inn/Capitol View
1355 Apalachee Parkway
Tallahassee, Florida 32301


10:00 a.m.-12:00 p.m.:




12:00 p.m.-2:00 p.m.:
(Commission Working Lunch)


2:00 p.m. 4:45 p.m.:


THE NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT
Douglas E. Barr, Executive Director
Overview of District Programs & Operations


RULEMAKING UNDER THE ADMINISTRATIVE PROCEDURE ACT

F. Scott Boyd, Staff Attorney, Joint Administrative Procedures Committee
A Rulemaking Primer and JAPC's Role in Rule Review

Representative Kenneth P. Pruitt, Port St. Lucie (Republican, District 81)
Legislative Reform of the APA: 1994 Attempts & 1995 Challenges

Lawrence E. Sellers, Jr., Attorney with Holland & Knight
How and Why the Rulemaking Process Should Be Changed

Wayne E. Flowers, General Counsel, St. Johns River Water Mngmt. District
Agency Rulemaking and Rule Challenges

Question and Answer Session


SUBCOMMITTEE MEETINGS


FINANCIAL STRUCTURE AND BUDGETING


Presentation:



NOTE:


James L. Carpenter, Interim Director, Office of Program Policy Analysis &
Governmental Accountability
Performance Audits of the Water Management Districts

Mr. James M. Dwyer, Audit Manager, Office of the Auditor General, will be
available to answer Commissioners' questions regarding prior audits of the
water management districts. The Auditor General is currently processing
the initial field work for the next series of budget audits of the districts.


General Discussion of Issues


(continued on next page)










WATER MANAGEMENT DISTRICT REVIEW COMMISSION
MEETING AGENDA THURSDAY, MARCH 16, 1995
(continued)


DISTRICT RESPONSIBILITIES AND OPERATIONS

General Discussion of Issues


LAND ACQUISITION, PLANNING AND MANAGEMENT

Presentation: George Willson, Director of Land Acquisition, The Nature Conservancy
Less-Than-Fee Acquisition & Successful Conservation Easements

Diana Dartland, Assistant Director, Division of State Lands, Department of
Environmental Protection
DEP's Land Acquisition Process and Experience

[4:00 p.m.] Representative Dean Saunders, Lakeland (Dem. District 63)
Property Rights Study Commission & Green Swamp Land Authority

General Discussion of Issues


4:45 p.m. 5:00 p.m.: BREAK


5:00 p.m. 7:00* p.m.: PUBLIC HEARING


Chairman's Opening Remarks

Public Testimony












*or until adjourned at the Chairman's call
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WATER MANAGEMENT DISTRICT REVIEW COMMISSION
MEETING AGENDA FRIDAY, MARCH 17, 1995


TIME: 8:00 a.m. to 1:30 p.m.

PLACE: The Capital Room Ramada Inn/Capitol View
1355 Apalachee Parkway
Tallahassee, Florida 32301


8:00 a.m. 9:00 a.m.:


BUSINESS MEETING


Chairman's Opening Remarks

Executive Director Announcements

Opportunity for Comments from the Office of the Govemor and the Cabinet

Opportunity for Comments by State and Local Government Elected Officials

Opportunity for Comments by Citizens

Sub-Committee Reports

General Discussion of Issues


9:00 a.m. 1:30 p.m.:


PRESENTATIONS TO COMMISSION


Name/Affiliation and Topic


9:00 9:30



9:30 10:00




10:00 10:20


Douglas E. Barr, Executive Director, Northwest Florida Water Management District
Response to Public Hearing Testimony


Pamela P. McVety, Executive Coordinator for Ecosystem Management, Florida
Department of Environmental Protection
The Ecosystem Management Initiative


L. Benjamin Starrett, Director of Strategic Planning & Policy Coordination,
Florida Department of Community Affairs
The 1995 Florida Land Plan (Public Workshop Draft)


10:20 10:30 BREAK









WATER MANAGEMENT DISTRICT REVIEW COMMISSION
MEETING AGENDA FRIDAY, MARCH 17, 1995
(continued)


Schedule* Name/Affiliation and Topic


10:30- 10:40




10:40- 10:50



10:50- 11:20



11:20 11:30



11:30- 1:30
(Working Lunch)


Estus D. Whitfield, Policy Coordinator of Environmental, Community & Economic
Development Policy Unit, Governor's Office of Planning & Budgeting
A Review of the Governing Board Appointment Process


Commissioner Deborah A. Lightsey, Board of Commissioners, City of Tallahassee
Water Issues in Tallahassee


Terry E. Lewis, Attorney with Lewis, Longman & Walker, P.A.
Recommendations to the Water Management District Review Commission


Mike Joyner, Government Relations Director, Florida Forestry Association
Water Resource Issues and the Forestry Industry


PRESENTATIONS AND PANEL DISCUSSION ON THE ADMINISTRATIVE
PROCEDURE ACT CHAPTER 120, FLORIDA STATUTES:
PROBLEMS, PERSPECTIVES & POSSIBILITIES


Linda M. Rigot, Hearing Officer, Division of Administrative Hearings MODERATOR

Robert M. Rhodes, Attorney with Steel Hector & Davis

Thornton J. Williams, General Counsel, [Florida] Department of Transportation

Wade L. Hopping, Attorney with Hopping, Green, Sams and Smith, P. A.

Daniel H. Thompson, Deputy Secretary, Department of Environmental Protection










*Times shown are approximate and may be adjusted slightly to accommodate questions by the Commission.
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COMMISSION STUDIES WATER MANAGEMENT DISTRICTS


The 21-member Water Management District Review Commission was created by
1994 legislation to performom a comprehensive review of Florida's system of regional
water management."' Since creation of the five regional water management districts in
1972, their responsibilities and authority have expanded to include not only flood
protection and the regulation of surface waters, but also environmental resource
permitting, water quantity and quality protection, and the acquisition and management of
ecologically sensitive lands. The Commission study will include examination of all aspects
of the districts' budgeting and operational programs, as well as the constitutional and
statutory authority of districts to manage regional water resources.

Directed by Chapter 94-270 to hold public hearings within the jurisdiction of each
district for the purpose of receiving public comment on the operation of the water manage-
ment districts and the laws they administer, the Commission has conducted several two-
day meetings across the state,2 and has scheduled additional hearings in Tallahassee
(March 16-17), Live Oak (April 20-21), Clewiston (May 18-19), Pensacola (June 15-16),
and Sarasota (July 27-28). Meeting agenda include overviews of regional programs and
operations by district staff, Commission subcommittee meetings, an open-mike public
hearing, and formal presentations by representatives of federal, state and local govern-
ments, regulated entities, environmental concerns, and agricultural and industrial interests.

The following subcommittees have been established within the Commission to
conduct detailed reviews of the itemized topics, as described in the enabling legislation:

District Responsibilities & Operations: Legal responsibilities assigned to the water
management districts, whether those responsibilities should be modified, and ways
to improve the programmatic accountability of districts.

Financial Structure & Budgeting: Costs associated with operating the districts;
funding mechanisms available to the water management districts to carry out their
responsibilities; ways to improve the financial accountability of districts; the need
to revise the budget development and adoption procedures of the districts; and the
levy of ad valorem taxes and the public notice procedures of Chapters 200 and
373, Florida Statutes.


SSee Chapter 94-270, Laws of Florida (1994). Former Senate President Philip D. Lewis is Chairman
of the Commission, which is composed of the following individuals: William M. Bishop, Rosana D.
Cordova, Thomas H. Dyer, John M. Finlayson, Joe Marlin Hilliard, Mary A. Kumpe, Senator Patsy
Ann Kurth, Representative John Laurent, John R. Maloy, Mimi K. McAndrews, Senator John
McKay, Mayor Carol Jaudon McQueen, R. E. Nedley, Thomas E. Oakley, Representative Vernon
Peeples, Howard L. Searcy, Commissioner Samuel Taylor, Commissioner Patti B. Webster, and
Sanford N. Young. Eric Draper resigned from the Commission on January 20, 1995; his
replacement has not yet been announced by Senate President Jim Scott.
2 Tampa (December 1-2, 1994); Orlando (December 15-16, 1994); Jacksonville (January 19-20,
1995); and Ft. Lauderdale/Hollywood (February 16-17, 1995).









Land Acquisition. Planning & Management: Ways to improve planning and man-
agement activities for lands owned by the water management districts, including
the potential for reorganizing and integrating the responsibilities of the districts,
regional planning councils, Department of Environmental Protection and the
Department of Community Affairs; alternatives to district management of acquired
lands, including the feasibility of land management by the Department of
Environmental Protection, other state or federal agencies, local governments, or
non-governmental entities, singly or in combination.

As a whole, the Commission will review district governance issues, such as
whether to appoint or elect governing board members, or perhaps select candidates in
a manner similar to that of the judicial nominating commission or the Public Service
Commission Nominating Council. In addition, Commission members will study the
feasibility of creating new committees, subcommittees, or a joint committee of the Senate
and House of Representatives with the expressed purpose of continuing legislative
oversight of water resources management in Florida.

Chapter 94-270 directs the Commission to file a report of its recommendations with
the Governor, President of the Senate and Speaker of the House of Representatives by
September 1, 1995. Based on the depth of the mandated study and the quantity of
documentation under consideration, however, Senator John McKay and Representative
Vernon Peeples have filed companion bills for consideration in the 1995 regular session
that would extend the reporting deadline to December 1, 1995. The Commission actively
solicits comments and recommendations relating to water resource issues from citizens,
businesses, environmental, agricultural, and governmental entities or interests.

Please direct any inquiries or remarks to Sally Bond Mann, Executive Director and
General Counsel, Water Management District Review Commission, 205 South Adams
Street, Tallahassee, Florida 32301. Ms. Mann can be reached at (904) 922-0981, or via
facsimile at (904) 921-8007.


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