Title: Memo from Florida Land Council attaching Summary of EESC Hearing on December 12, 1986. 7p.
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Title: Memo from Florida Land Council attaching Summary of EESC Hearing on December 12, 1986. 7p.
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Spatial Coverage: North America -- United States of America -- Florida
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
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Full Text

Following the full commission meeting, each interest group
committee met for about an hour, identified preliminary
objectives, and decided on future meetings to be held in
Tallahassee the week of January 5. Preliminary plans of
each committee are as follows:

DER/WMD's Committee

Meet with Twachtmann, Tschinkel to discuss overlap issues;
wetlands top priority.

DER/DNR Committee

Meet with Twachtmann, Gissendanner to discuss overlap

Chapter 380 Committee

Priorities as follows:

(1) DCA/RPC overlap
(2) DCA internal permitting problems
(3) Coordination between WMD's, DER
(4) Coordination with state agencies and local

Specific concerns include local government certification
process, binding letter process, and role of regional policy
plans. Plan to meet with Tom Lewis and Jim Murley.

Service Capacity and Enforcement Committee

Examine relationship between enforcement and agency
resources; relationship between turnover and pay scales.

Discussed permitting problem from applicant's viewpoint.
For example, a permit was recently required for the
destruction of wetlands in a roadside ditch. These are
never denied but must go through process.

Roseanne Clemente Consulting Ecologist

Lack of consistency across state in jurisdiction. WMD's are
more involved than before. Need better coordination between
DER and WMD's. Need joint application form as DER has with

Does not believe in "bottom-up" permitting, leads to more
inconsistency. Key is to bring DER and WMD's closer

DeGrove mentioned that North Carolina had good permitting
"model" for Florida.

Robin Lewis

Wasting a lot of dollars in overlap. Need to work out
single jurisdictional boundary. Why have different
boundary, different monitoring, different permitting
criteria. Could be much more efficient.

Specific recommendation: Joint applications by county;
centralized permit information system so can check status of

Specific recommendation: Monthly agency coordination
meetings like COE has with district offices.

Long term problems are high turnover, lack of training.
Need to increase fees, keep good people around.

Specific recommendation: Transfer shellfish, coastal
permitting to DER.

Moneys collected in fines have not been wisely used. Should
use to restore damaged habitat.

Right away could establish lead agency in each county. This
would eliminate conflicts between agencies.

Compliance monitoring is "awful". No one has been routinely
following up. Manpower savings in greater efficiency should
be devoted to enforcement.

In response to a question, Mary Smallwood mentioned she is
meeting with local programs in mid-January to discuss

Mechanisms are in lace for delegation of pez. .tting
programs from DER to water management districts. Delegation
has not taken place to the extent the Legislature intended.

Need stability in direction and priorities assigned to water
management districts. Isolated wetlands legislation is
example of how direction can be given to districts, but that
was not well-conceived legislation.

Bill Ockunzzi Planner/Consultant

Planning process in good shape on paper. Time will tell how
well really works.

Planning is problem at state level because of split in
philosophy between DCA and Governor's Office. As a result,
RPP's have become more lengthy and complex because of state
level review.

Specific recommendation; limit number of pages in RPP's.

DRI process has been improved, but needs to move rapidly to
a lesser role. DCA rule on local government certification
does not go far enough; does not meet the intent of law. If
local government qualified, then should delegate entire

May need coordinated wetlands permitting process analogous
to DRI coordinated review process. Wetlands jurisdiction
determinations should be good for longer period of time.

Need more agency training programs technical and also in
how to represent their agency. Need more emphasis on
management training. Lower local agency employees need to
understand who they work for and what statutory constraints

Jake Stowers Pinellas County Assistant Administrator

Should delegate more programs to local government but with
more state review.

Have some standards which are more stringent. Example -
have tree protection ordinance, floodway ordinance which may
further protect wetlands. Try to coordinate wetlands review
by permitting agencies. One source of problems is that
applicant gets one review and thinks no others are required.

Pinellas County has better employee longevity and salary
structure than DER. Should have more delegation. But
should not have authority to permit own activities.

Through revised LGCP process, most wetlands will be
protected. Need state overview.

Specific recommendation: Multitude of fishery laws should
be consolidated.

Reese agreed that, if wetlands jurisdiction could be made
uniform among agencies, then one agency should permit.
Caveat might be water management districts, which look
primarily at water quantity flood detention and storage,
etc. Mitigation, avoidance question, water dependency are
presently "wide open" case-by-case determinations. There
should be one uniform set of criteria for such

Glen Cross Developer

Hillsborough local programs get involved at zoning stage.
Takes 18-24 months to get regulatory approval for 20 acre
project. Fees must be paid to several agencies who look at
same things. Consultants must be present during each agency
review. Can be several wetlands jurisdictional lines, then
must negotiate between agencies.

Specific recommendation: Should consolidate wetlands
permitting, preferably at local level.

Roger Stewart Hillsborough Local Program

Pitfalls at every level of government. Local programs
established by special act of the Legislature are more
independent. For example, Hillsborough local program
regulates the county commission. Need more oversight over
local programs from state and federal level. Need more
coordination, as presently occurs with air programs.

Delegation does not mean divorce. Local programs can always
draw on state expertise for technical review, expert
testimony. However, state oversight must be strengthened at
state level as part of delegation.

Wetlands jurisdiction determinations should be made by one
agency suggest local programs. Hillsborough local program
has 185 employees to cover one county. Fees designed to
cover real costs of permitting.

Specific recommendation: Sludge removal, septic tank
pump-out should be regulated by DER, not DHRS.

Buddy Blain Attorney

Water Management Districts have exclusive authority for
consumptive use. This is precedent for granting a single
agency exclusive authority over a program.

Major problems are at regional and local level. Duplicative
review by several agencies major problem.

Environmental and land use approvals should be combined.
Join DER and DCA in exercising supervisory authority over
RPC's and local government.

Local regulation varies widely in implementation of
environmental regulations. There should be uniformity
imposed. Should be consistent with state regulations.

Steve Myers Planner/Consultant

Regulations complex, confusing primarily because of local
programs. RPC's, local programs, DER, DNR, COE, water
management districts, Tampa Port Authority, city and county
all have jurisdiction over wetlands in Hillsborough County.
Biggest problems occur for small property owners who have no
idea of the complexity involved. Need "one-stop" process.
Suggest that wetlands regulation be vested in one agency -
preferably at the local program level.

Major problem is with competency of agency personnel -
mainly at agency district level but also at state level.
Pay scales a problem. Example presented on use of wetlands
for stormwater treatment. Took senior level state
intervention to resolve.

Specific recommendation: All stormwater, dredge and fill
should be delegated to local program in Hillsborough County.

Enforcement, wetlands criteria not consistent. Enforcement
better at local level.

Tom Reese Attorney/Environmental Interests

Strongly disagrees with delegation of wetlands protection to
local level. Unable to provide technical expertise, expert
witnesses. Example: Cockroach Bay marina development.

Legislature chose to restrict DER's jurisdiction less than
COE, WMD, local government. This has created confusion.

Turnover a problem. Environmental agencies need more staff,
higher salaries. Permit fees should be raised to pay for.

Specific recommendation: Move shellfish regulation from DNR
to DER.

Specific recommendation: Move septic tank program from DHRS
to DER.

Specific recommendation: DER should have authority to look
at land use, aquatic preserve criteria.

Summary of Environmental Efficiency
Study Commission Hearing of December 12, 1986

Jay Landers opened the meeting which was held in Tampa at
the Howard Johnson Plaza Hotel. Jay confirmed that the EESC
report to the Legislature would be submitted on March 1
instead of February 1. It is the Commission's intent that
this be an interim report, and that the Commission be
extended by the 1987 Legislature in order to complete its

Landers went on to point out that the following "interest
group" committees have been appointed:

DER/Water Management Districts

Bob Mandell, Chair
Susan Lubitz
Bud Viessman
Fred Prior

Chapter 380

Ted Taub, Chair
John DeGrove
Jim LaFrenz
Marilyn Crotty

Service Capacity and Enforcement

Carol Rist, Chair
Bill Spann
David Gluckman


Les Bromwell, Chair
Peter Wallace
Carlos De La Cruz

Ted Taub, acting as host for the Tampa meeting, introduced
the following speakers:

Jim Apthorp Developer

Organization of state environmental agencies in pretty good
shape. Focus should be on structure and function of
regional and local agencies. Some minor functions should be
consolidated at state level by moving coastal construction
permitting from DNR to DER, etc.

O Florida Land Council
(904) 222-7535

TO: Florida Land Council Members

FROM: Chuck Littlejo

SUBJECT: Environvmenital Efficiency Study Commission

DATE: December 17, 1986

Attached please find a summary of what occurred at the EESC
public hearing held on December 12 in Tampa and a meeting
agenda. Also attached are minutes taken during the EESC
meeting of November 21 in Tallahassee.

The next meeting of the EESC is scheduled for January 8 in



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