Incomplete Scorecard of EESC Positions

Material Information

Incomplete Scorecard of EESC Positions


Subjects / Keywords:
Delegation of authority ( jstor )
Land use ( jstor )
Governors ( jstor )
Spatial Coverage:
North America -- United States of America -- Florida


Environmental Efficiency Study Commission Final Report
General Note:
Box 7, Folder 3 ( Vail Conference 1988 - 1988 ), Item 20
Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.

Record Information

Source Institution:
Levin College of Law, University of Florida
Holding Location:
Levin College of Law, University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.


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Environmental Efficiency Study Commission -- Final Report




Identify duplication and inefficiencies in the
administration of state and local environmental and
public health laws and rules.

Make specific recommendations that would eliminate the
duplication and inefficiency and promote the efficient
enforcement and administration of environmental
and public health laws.


THE PROBLEMS (Perceived and/or real)


A. DNR--headed by the governor and cabinet with an appointed
executive director is a conservation agency in charge of
state parks, beaches, and preserves. Its duties include
protection of state lands, including submerged sovereign
lands; sale and lease of state lands; acquisition of lands
state use and protection; marine patrol and fisheries
protection; regulation of coastal construction; sponsor of
beach renourishment programs; regulation of oil and gas
exploration and extraction; regulation of phosphate mining
and land reclamation; aquatic weed control; and other
related activities. Its regulatory interest is usually from
the perspective of a landowner; it represents the state in
deciding whether and how riparian owners can use adjoining
sovereign lands for development.

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B. DER--headed by a secretary serving at the pleasure of the
governor, is the state's major regulatory agency for the
environment, with responsibilities for air, water and land
protection. Duties include groundwater protection, dredge
and fill projects, sewage and industrial plant discharges,
storm water, air pollution sources, hazardous wastes,
landfills and wetlands protection. It has extensive
permitting responsibilities and enforcement authority.

C. ERC--a seven-member commission appointed by the governor,
exercises the exclusive standard-setting authority of DER
relating to air and water quality, noise, and solid-waste

D. DCA--headed by a secretary serving at the pleasure of the
governor, is the state planning agency responsible for
growth management and appropriate land uses throughout the
state. Duties include review of large development plans,
called Developments of Regional Impact (DRI); review of
local government planning documents; regulation of planning
in special "Areas of Critical State Concern."

E. RPC's--created in each comprehensive planning district of
the state with members representing each of the local
government units within the district and representatives
appointed by the governor. Duties include preparation of
comprehensive regional plans, and review of local government
actions for conformance; special long-range studies; review
of DRI's.

F. GFWFC--a five-member constitutionally established commission
appointed by the governor that exercises the regulatory and
executive powers of the state with respect to wild animal
life and fresh water aquatic life.

F. WMD'S--special multi-county taxing districts with ad valorem
taxing authority, headed by nine-member governing boards
appointed by the governor, responsible for water management
including construction and operation of flood control
projects, acquisition of water management lands, and
various water regulatory activities. WMD's have been
delegated the exclusive authority for requiring permits for
consumptive use of water and directed to implement such
programs. They have also been delegated authority to
regulate management and storage of surface water, well
construction and isolated wetland protection. They have
responsibility for surface water quality improvement
programs and have been delegated authority to regulate
stormwater. Some districts have been delegated other water
quality programs. The governing boards are independent of
each other but are under the general supervisory authority

of the secretary of DER, are subject to the standards set
by the ERC, and may be reversed by the governor and cabinet
sitting as the Land and Water Adjudicatory Commission.



1. New statewide program assignments conditioned on adequate
funding for programs and personnel.

2. Increased enforcement efforts and activities.

3. Closer communication and cooperation between governmental

4. Freer availability and exchange of data and other

5. Statutory assignment of responsibility, with appropriate
grant of authority rather than too much reliance on
delegation from one agency to another. When there is
delegation, it should be by rule rather than by memoranda
of understanding.


1. Funding -

a. For Water Management Districts-

Equalize constitutional limitation on ad valorem
tax for water management districts.

b. For performance of delegated functions-

Provide appropriation of state funds
to support state-delegated functions.

c. Permit fees should be available and utilized
to support permitting, monitoring and enforcement.

2. Enforcement -

The Commission recommends to the Legislature that the
environmental permitting laws of the State of Florida to
be strictly enforced. To the extent that enforcement can
be enhanced by additional staffing of agencies charged
with the responsibility to do so, such staffing should be
assured by appropriate funding of state environmental
permitting agencies. In addition, the Commission

recommends to the Governor, as well as the Legislature,
that state personnel be compensated at sufficient levels
to make public service attractive and to retain those who
have the training and experience to halt the drain of
qualified and dedicated people to the private sector.

2. Dredge and Fill/Wetlands -

a. In waters of the state

Original jurisdiction in WMD by Oct. 1, 1989
Revise Warren Henderson Act to become part of
Ch 373 with authority and responsibility vested
in WMD's except for special activities enumerated

b. In isolated wetlands

Retain existing authority (WMDs)

c. In connection with mining activities

(See "p. 16" attached)

d. On sovereign submerged lands

WMD implement TIITF rules which provide standards
and thresholds.
Appeals may be taken to the land & water Adj.
pursuant to sec. 373.114.
Gov & Cabinet may review on own motion by
giving notice within 30 days.

3. Non-point Sources Discharges -

Stormwater discharge jurisdiction in WMD
Transfer original jurisdiction.
See "p. 10" attached.

4. Point Source Discharge into Surface Waters -

By Oct. 1, 1992 interim study to determine
efficacy of transferring additional water quality
programs to WMDs

5. Water Reuse -

a. Planning process encouraged and strengthened
373.036, 17.40

b. Waste load allocation DER

c. Water reuse WMD

d. Incentives for reuse efforts

6. Standards

ERC to remain as constituted
WMD's rules to be consistent with state
water policy

7. Waste water disposal

a. Land spreading
b. Deep well injection
c. Percolation ponds
d. Surface discharge
e. Rapid infiltration

Standards to be set by ERC
DER to regulate

8. Artificial Recharge (does not include waste
water disposal)

9. Deep Well Injection

(See waste water disposal or artificial recharge)

10. State participation in Federal Coastal Zone Mgmt Program

Move program from DER to DCA

11. Land planning (Chapter 380 DRI Process)

a. Conceptual Review Process
Agencies requiring permits must participate
Must attend Preapplication process
Participation of DRI developer is mandatory unless
developer opts out (Has 90 days in which to opt out)
Conceptual permits which are granted a developer who
does not opt to utilize the procedures established
under this sub-section or which are granted prior
the filing of the ADA, shall not be subject to any
of the benefits of this sub-section; provided,
however, no other right or benefit conferred under
this chapter shall be affected by such failure to

exercise the option or prior procurement of a
Agencies required to adopt conceptual review rules
Conceptual review governed by Adm. Proc. Act Ch 120

b. Conflicting Recommendations

RPCs may comment on regional implications of
conceptual approval but may not make recommendations
which conflict with findings of agencies which have
primary jurisdiction.

Development order may not conflict with conceptual

c. Full Permit

d. Application for Development Approval

e. Miscellaneous

12. Management of freshwater and saltwater resources

Retain existing jurisdictions for activity

13. Drinking Water -

Entire Responsibility with DER

14. Well Construction Permitting

Entire responsibility with WMD

15. Septic Tanks -

Entire responsibility with DER

16. Seafood Marketing -

Retain existing authority

17. Endangered Species Animals, birds, fish

Retain existing authority

18. Endangered Species Plants -

Retain existing authority

19. Aquaculture -

No recommendation

20. Licensing of Water Well Contractors -

Place original jurisdiction in the WMDs


1. Delegation -

Encourage delegation by state and regional to local
governments (See "p. 34" attached)

2. Funding -

See p. 37 attached

3. Local Government Comprehensive Planning Act

No recommendations


1. Phosphate mining

Stays with DER except WMDs will determine limit of
jurisdictional wetlands to be applied by DNR

2. Other mining

Stays with DER

3. Oil and gas

Stays with DNR

4. Permitting of WMD Projects -

WMDs receive a permit from DER

5. Beach Nourishment

Division of Beaches and Shores (DNR) and WMD should
coordinate development of long range plans for
beach renourishment projects
See "p. 19" attached


(Will prepare a general statement about need for
special legislative consideration about siting
and permitting LULU's and NIMBY's, including:

1. Hazardous Waste Siting

2. High Speed Rail Siting

3. Power Plant Siting

4. Transmission Line Siting

5. Transportation Route Siting



1. Dual DER/WMD Authority


1. Personnel

(See "p. 5" attached)

2. Data Management and Research -

(See Viessmann's paper)