LAW OFFICES
BLAIN & ,CONE, P. A.

L.M. BLAIN 202 MADISON STREET
THOMAS E. CONE, JR. May 8, 1980 P. BOX 399
RUSSELL M. BLAIN TAMPA, FLORIDA 33601
GARY A. GIBBONS (813) 223-3888
FRED A. McCORMACK
222 SOUTH MONROE STREET
P. O. BOX 10449
TALLAHASSEE, FLORIDA 32301
Ms. Liz Cloud (904) 222-0960
Chief, Bureau of Administrative Code
The Department of State REPLY TO: Tampa
The Capitol
Tallahassee, Florida 32304

Dear Ms. Cloud:

Pursuant to our conversation in Jim Antista's office on
Thursday, May 1, 1980, we propose the following solution
to the problem we appear to be having with the renumbering
of the Southwest Florida Water Management District rules
from the 16J series to 40D, Florida Administrative Code.

The problem rule, of course, is subsection (3) of Rule 16J-
2.11, F.A.C., the District's so-called "Water Crop" rule
which has now been renumbered as subsection (2) of Rule 40D-
2.301. The hearing officer's Order declaring the invalidity
of this rule was rendered April 9, 1980, two days after we
submitted our renumbering of Chapter 16J to you.

We face serious problems during the pendency of our appeal
of this Order if the rule is deleted from the Florida
Administrative Code. We ask that you include all of Rule
40D-2.301 in Chapter 40D, with a historical note explaining
that "subsection (3) is included for informational purposes.
It has been declared invalid by a D.O.A.H. Order which is
being appealed. It remains a part of Rule 16J-2.11 pending
the outcome of such appellate procedure."

We would like to arrange a conference with you, Mr. Webb,
Mr. Leeper and Mr. Antista to discuss this. Mr. Fred McCormack
will be contacting you further about this.

Sin' ere y


M. Bla n


LMB/skb
cc: Mr. Carroll Webb
Mr. James Antista
Mr. Donald R. Feaster
Mr. Fred McCormack