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December 22, 1982


TO: GOVERNING BOARD OF SWFWMD

FROM: L. M. BLAIN, General Counsel


OUTLINE OF PROPOSED PROCEDURES FOR LAKE LEVEL RULE ADOPTION
ATTORNEYS AND OTHER STAFF HAVE DISCUSSED VARIOUS ALTERNATIVES TO
ESTABLISHING LAKE LEVELS AND PROPOSE FOR DISCUSSION PURPOSES THE
FOLLOWING:

1. Staff will complete a study and propose a lake level.

2. Staff will advise Basin Boards that they are preparing to hold a workshop for
the purpose of establishing a lake level for a lake or lakes in that basin. The staff will
continue to keep the Basin Board informed throughout the proceedings.

3. Executive Director sets agenda for workshop and:

a. designates a staff member to preside, or
b. requests the Governing Board to designate a Board member to preside.

4. Publish notice of workshop in Florida Administrative Weekly. Send notice by
regular mail to landowners as required.

5. Hold the workshop. This will be for the specific purpose of drafting a proposed
rule setting levels. No official vote may be taken at the workshop.

6. If more than one workshop session is needed, the workshop can be recessed to a
time certain to avoid giving a second notice, or subsequent workshops can be scheduled,
noticed and held.

7. If staff and person presiding concur in the draft of the proposed rule (lake
level), it will then be put on the agenda for a Governing Board meeting. There will be no
formal recommended order, there will be only a proposed lake level rule.

8. After consideration, Governing Board will:

a. reject, or
b. advertise (initiate formal rule making).

9. If the Board chooses to initiate formal rule making, it shall set a date to:

a. hold a hearing on its own initiative, or
Chapter 28-3.30, F.A.C. (1981)
b. hold a hearing only if requested, as mandated by law.











10. Once hearing is complete, the lake level rule will be:

a. adopted,
b. continued,
c. modified, or
d. rejected.


LBI:GB-ME:wpl/3

cc: G. W. Kuhl
W. D. Courser
P. M. Dooris
J. E. Curren
K. Lloyd