Title: Minutes for discussion on Standardization of Rules
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00052783/00001
 Material Information
Title: Minutes for discussion on Standardization of Rules
Alternate Title: Agenda, Quarterly Meeting WMD/DER. Minutes for discussion on Standardization of Rules
Physical Description: 13p.
Language: English
Publication Date: March 31 - April 1, 1977
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 5, Folder 18 ( SF Rules, Standardization of Numbering ), Item 49
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052783
Volume ID: VID00001
Source Institution: 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

March 31 April 1
Room 268 Lafayette Building
Koger Executive Center
Apalachee Parkway, Tallahassee

Thursday, March 31

8:00 P.M. Opening Remarks Secretary Landers

8:30 P.M. Status of Ongoing Programs Chuck Littlejohn

a. Water Use Plan

b. Public Works

c. Standardization of Rules

d. Well Permitting and Licensing

e. Artificial Injection

f. USGS Cooperative Agreement

g. 298 Districts

h. Interagency Agreements

9:00 P.M.- General Discussion

10:00 P.M.- Adjourn

Friday, April 1

8:30 A.M.- Opening Remarks Secretary Landers

9:00 A.M.- Program Audit Chuck Littlejohn

9:30 A.M.- Aquatic Weed Control Programs DNR and GFWFC

10:30 A.M.- Break

10:45 A.M.- Water Quality Planning Dr. Tim Stuart

11:15 A.M.- Water Quality Permitting Division of Permitting

"11:45 A.M.- Permitting Report James Brindell

12:15 P.M.- Break for Lunch

1:30 P.M.- Legislation

2:30 P.M.- USGS Film The Subject is Water

3:00 P.M.- Adjourn

T ^


Topic Page

Agenda. .......... ..... .... .. II

Index .... . . . . . III

Water Use Plan. ...... ....... 1

Draft Outline . . . . 3

Action Items Status . . ....... 4

Schedule ......... .......... 6

Public Works . . . . . 7

Standardization of Rules ....... ....... 9

Sequence of Chapters ... ...... ..... 10

Headings for Procedural Rule ... ... .12

Letter to Secretary of State from

Secretary Landers .............. 17

Water Well Program. 20

Artificial Injection ................. 22

USGS Cooperative Program .............. 25

298 Districts . . . .. . 27

Interagency Agreements ............... 29

Program Audit ................... .. 30

Water Quality Planning. ................ 33

Permitting Report ...... ........... .. 39

Legislation . . . . .. 40

SB 63 . . . . . 40

SB 312 . . . . . .. 43

HB 484 . . . . . 44

HB 657 ............. . .. 46

HB 658 . . . . . .. 47

HB 709 . . ... .. .. .. 48

St. Johns Flood Control Works. ......... 50
Chapter 373.0693 . . . . .. 51


On February 18, 1977, the third workshop on the standardization of

rules was conducted in Tallahassee. At the workshop the general outline
for the sequence of parts was reviewed and some minor changes were made.

The general outline as revised on February 18, 1977 begins on page 10.

: The main purpose of this workshop was to develop a standard procedural

rule. It was decided that this could not be accomplished in total and time

at this workshop would be best used in developing headings, with the words

to be filled in after agreement to the headings. The model rule, Chapter

17-1, F.A.C., and material supplied by John Wheeler of the SFWMD were used

to develop headings for a standardized procedural rule. The first draft

of the general headings for the procedural rule is on page 12. This is to

be reviewed by all participants, written comments submitted and discussed
at the next standardization meeting.

Also discussed at the workshop was the renumbering of WMD rules to

chapter number 17. There was no consensus on this matter. Some of the

WMD representatives preferred each WMD to have their own chapter numbers

or a separate chapter number for all WMD. Some expressed no preference.

DER representatives felt WMD's should be in Chapter 17 since the department

exercises general supervisory authority over the WMD and renumbering in

1 this manner would stress consolidated regulatory efforts. In the absence

"of any agreement, DER has requested the Secretary of State to renumber

all WMD rules using the DER control number -17 (see February 24

letter on page 17}.

A fourth workshop had been scheduled for March 24, however it was

7 canceled due to the conflicts with House Appropriations Committee hearings.

"-" It is anticipated that the general procedural rule should be completed by

early June and that analysis of content changes can begin in August with a

possible adoption of standardized rules by WMD and DER early in 1978.



Chapter 0 General

Chapter 1 Procedural

Chapter 2 Consumptive Use of Water

Chapter 3 Well Construction

Chapter 4 Management and Storage of Water

Chapter 5 Artificial Recharge

Chapter 6 Works of District

Chapter 7 Property Acquisition and Disposal

Chapter 8 (Reserved for local)

Chapter 9 (Open)

8 10

bruary 18, 1977

Chapter 0

.001 Description of Organization

.002 Delegations of Authority

".003 Interagency Agreements

.01 Policy and Purpose

.02 Definitions

.03 Implementation

.06 Basins

".07 Meetings and Workshops

.08 Agendas and Notices

.39 Bonds

.60-. 64 Minimum Rate of Flows and Levels

.65-. 69 Saltwater Barrier Line

.80-. 89 Reserved for Local

.90 Forms and Instructions




A. Rule Making Proceedings

1. Commencement of Proceedings
2. Notice of proceeding and proposed rule
3. Context of notices
4. Petition to instruct rule make proceedings
5. Agency action on petition
6. Rules effective prior to 1/1/75
7. Rule making proceeding hearings
8. Description of publication by reference
9. Emergency rule hearing
10. Economic impact statement

B. Declaratory Statements

1. General
2. Purpose and Use
3. Agnecy disposition
4. Filing and indexing

C. Decisions Determine Substantial Interests

1. General
2. Parties
3. Appearances
4. Consolidation
5. Joinder of Parties
6. Disqualifications
7. Conference

a. Pre-hearing conference
b. Rule proceeding under 120.57
c. Requests for formal and informal proceedings

8. Formal Proceedings

a. Amendment of petition
b. Formal proceedings
c. Continuance of hearing or extension of item
d. Subpoena
e. Witness Fees
f. Transcript
g. Recommendation and order of the court
h. Order of presentation
i. Pleadings

9. Informal proceedings

a. Informal proceedings
b. Submission of evidence

10. Order

a. Final order

11. Request for hearing


12. Retention of exhibits

D. Licensing (Permitting)

1. General
2. Application
"3. Suspension of application of withdrawal
4. Emergency action
5. Filing of Citizen objections
6. Complaints

E. Procedures under Consultants Competitive Neg. Act


File of Record
"Preparation of record for review -costs of transcript to be
Reference to hearing officer

Io -

February 18, 1977

Chapters 2, 3, 4, 5, 6, 7

.01 Policy and Purpose

.02 Definitions

.03 Implementation

.04 Permits Required

.05 Exemptions

.06-.09 (Open/Reserved for Local)

.10 Content of Application

.11 Notice of Application Form

.12 Notice and Hearing Requirements

.13 Times for Receiving Objections and for Hearings

.20 Permit Processing Fee

.30 Conditions for Issuance of Permits

.31 Competing Applications

.32 Duration of Permit


SFe' ary 18, 1977

Chapters 2, 3, 4, 5, 6, 7

S .33 Modification of Permits

".34 Revocation of Permits

.35 Transfer of Permits

".36 Renewal of Permits

.37 Reapplying for Permits

.38 Limiting Conditions

.39 Bonds

.40 Identification Tags

.41 Cocpletion Report

.45 Emergency Authorization

--- .46 Inspection

S .47 Abatement

1 .48 Remedial and Energency Measures

S .49 Unlawful Use 15

February 18, 1977

Chapters 2, 3, 4, 5, 6, 7

.50 Permit Classification

.51 Declaration of Water Shortage

.52 Change, Suspension, or Restriction of Permits During
Water Shortage

.53 Procedures Under Water Shortage

.54 Declaration of Emergency Due to Water Shortage

.55 Procedures Under Emergency Due to Water Shortage

.60-.64 Minimum rates of flow and levels

.65-69 Saltwater Barrier Line

.70 Constructions Standards

.75 (Open)

.80-.89 (Reserved for Local)

.90 Forms and Instructions


February 24, 1977

Honorable Bruce A. Smathers
Secretary of State
The Capitol
Tallahassee, Florida 32304

Dear Secretary Smathers:

Renuibering of Chapters 16C, 16H, 16I,
16J and 16Z, Florida Administrative Code

As you know five water management districts were created and
exist under Chpter 373, Florida Water Resources Act of 1972.
These water management districts and their corresponding rule
chapters designated in the Florida Adinistrative Code, are
as follows:

I. Northwest Florida Water _Management District;
Chapter 16G-1, et seq., Florida Administrative Code

2. Suwannee River Water -lanagement District;
Chapter 16H-1, et seq., Florida Administrative Code.

3. St. Jolhns River Water .anagerent District;
Chapter 161-1, et seq., Florida Administrative Code.

4. Southwest Florida Water [anagerlent District;
Chapters 16J-0, et seq., Florida Administrative Code.

5. Central and Southern Florida Flood Control
District (South Florida 'Cater Manaqer.ent District);
Chapter 16K-1, et seq., Florida Admiinistrative Code.

As indicated, these water management district rules have continued
to utilize the control rules (16) assigned by th Department of
,cate to the Department of natural R..ourcs.

The Environmrental 'eoraanization Act of .1975 transferred the
power duties and functions of the Department of Uatural :e-
sources relating tc water -annacement as set forth in Chapter 373,
Florida 5atutes tc the ne14il creaTe.i ?etartoent o; Environ:cental


honorable Druce A. Smathers
Page Two
February 24, 1977

Regulation (Section 20.261(7. Florida Statutes). The Department
of Environmental Reaulatio ercises general supervisor author
over all water management districts, and is responsible for th"
administration of Chapter 373. Florida Statutes, at the state
level (Section 373.026, Florida Statutes). The rules of th
water management districts which administer Chapter 373, Floride
Statutes, at the district level relate to the rules of the De-
partment which effectuate Chapter 373, Florida Statutes throu.h-
out the state. It is apparent that these rules should be correlat
in the Florida Administrative Code with the department rules, and
assigned the appropriate department control numbers.

Accordingly, this is to request that Ms. Cloud, Administrative
Code Secticn renumbner the described water management district rule
by utilizing the department's assigned control number 17. Sine
each of the districts can be viewed as a major activity under the
general supervision of the department, it would be preferable
to assign each district a letter of the alphabet which should
follow control number 17. The following numbers are suggested:

I. Northwest Florida Water Management District;
Chapter 17G-1, et seq., Florida Administrative Code,

2. Suwannee River Water Management District;
Chapter 17H-1, et sec., Florida Administrative Code.

3. St. Johns River Water Management District;
Chapter 171-1, et seq., Florida Administrative Code.

4. Southwest Florida Water Management District;
Chapters 17J-0, et sec., Florida Administrative Code.

5. Central and Southern Florida Flood Control
District (South Florida Water Management District);
Chapter 17K-1, et seq., Florida Administrative Code.

Apparently, the Department of natural Resources wishes to use
the chapter numbers now utilized by the water management district
for designating new department rules which it expects to promulga
Additionally, it follows that the renubrecring and subsequent re-
locating of the water management district rules are necessary to
effectuate the legislative intent expressed in the Environmzental
;Reorganization Act of 1975.


agc Three
S reruary 24, 1977

0 ..app.reciate vour con-tinu a ists .nce to our departi .ent. ..
Scortact me if you have any questions concerning this matter.

/s/ Jay

: .Josepth U. Landers, Jr.

1 u'JL/bs

cc: John R. Maloy
Donald R. Feaster
Clint Schultz
Donald 0. Morgan
J. 'ill iam. McCartney
Fred Vidzes

drafted by Rip Caleen

1 .




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