LANDERS & PARSONS
ATTORNEYS AT LAW

CINDY L. MARTIN 310 WEST COLLEGE AVENUE
JOSEPH W. LANDERS, JR. POST OFFICE BOX 271
JOHN T. LAVIA, m
RICHARD A. LOTSPEICH TALLAHASSEE, FLORIDA 32302
FRED A. McCORMACK TELEPHONE (904) 681-0311
PHILIP S. PARSONS
--- TELECOPY (904) 224-5595
HOWELL L. FERGUSON
OF COUNSEL
VICTORIA J. TSCHINKEL
SUNICA CONSULTANT
INT A MENMR Of TIC FLOIDA BARI

February 4, 1994

RECEIVED,
BY HAND DELIVERY

Honorable Rick Dantzler d a 9asse
and Members of the carton Fiels -aa
Senate Natural Resources Committee""
Room 414 Senate Office Building
Tallahassee, FL 32399-1100

Dear Senator Dantzler and Committee Members:

As the recently appointed Chair of the Land Use and Water
Planning Task Force, I would like to take this opportunity to brief
you on the important duties assigned to the Task Force and to
enlist your help and- support in the execution of our
responsibilities.

As you will recall, Section 77 of Chapter 93-206, Laws of
Florida, better known as the ELMS legislation, directed the
Governor to establish a Task Force, with public and private sector
representatives, to formulate recommendations for legislative
action on the most appropriate legal relationship between district
water management plans, the growth management portion of the State
Comprehensive Plan, strategic regional policy plans, and local
government comprehensive plans. The legislation also requires the
Task Force to consider and make recommendations on the future role
and scope of the state water use plan following legislative
adoption of the growth management portion of the State
Comprehensive Plan.

Governor Chiles further requested the Task Force consider and
recommend options regarding the integration and coordination of
Florida's so-called translationall plans," that's, the state water
use plan, the -state land development plan and the Florida
transportation plan* In short, we are asked to produce
recommendations which will facilitate the smooth and efficient
integration of land use and water management planning.

Honorable Rick Dantzler
and Members of the
Senate Natural Resources Committee
February 4, 1994
Page 2

As the enclosed list of members (Attachment A) reflects, the
Land Use and Water Planning Task Force appointed by Governor Chiles
is comprised of a diverse cross section of the planning community
and those most affected, including representatives from state and
local government, regional agencies, and the private sector. The
Task Force was appointed this past November and has had two
meetings to date. At our first meeting on December 15, 1993, in
Tallahassee, Mr. Wayne Voigt, the Committee's Staff Director, made
a presentation to the Task Force regarding the Committee's interim
work project relating to water policy and water resources planning.
Mr. Voigt shared the current content of SB 258 and the Committee's
discussion at your December 1, 1993 meeting, and a very open
discussion followed.

The Task Force members became concerned that some of the
issues addressed in SB 258 actually overlap with the Legislature's
charge to the Task Force. The legislation involves the future of
the state water use plan, the legal effect of the district water
management plans, and the relationship of the State Comprehensive
Plan with other planning documents.

It is true that the water policy planning framework suffers
from a complex set of directives as it stands today, but we believe
it is premature for the Legislature to adopt the whole of SB 258 as
it is currently drafted. The 1993 Legislature and the ELMS
Committee spent many long hours deliberating these issues and
concluded that a study group should be established and given
adequate time to thoroughly deliberate and formulate
recommendations regarding the relationship of land use planning and
water management planning.

Although the members of the Task Force recognize the magnitude
of the work that lies before us, we fully intend to discharge our
duties by the established deadline of October 1, 1994. The Task
Force is currently scheduled to meet monthly throughout the State
to ensure maximum public participation in our deliberations. We
have already begun and will continue to look in-depth at the
district water management plans currently under development by the
water management districts, and intend to respond to our charge to
fit in with the sequence of the many activities underway at all
levels of government shown in Attachment B.

I hope you will allow us to keep you informed of the Task
Force activities and status of our deliberations and will find our
efforts useful and helpful to the Committee. Please let me know

Honorable Rick Dantzler
and Members of the
Senate Natural Resources Committee
February 4, 1994
Page 3

if you would like me to discuss this important issue and the work
of the Task Force with the Committee.

Sincerely,

Victoria J. Tschinkel, Chair
Governor's Land Use and Water
Planning Task Force

VJT/gf
Enclosure

cc: Governor Lawton Chiles
Lt. Governor Buddy MacKay
Members, Land Use and Water Planning Task Force
Teresa Tinker, Governor's Office of Planning and Budgeting

LAND AND WATER USE TASK FORCE

November 1993

Established pursuant to section 77, Chapter 93-206, Laws of Florida

Ms. Vicki Tschinkel, Chair
Consultant/Environmental and Land Use
Landers and Parsons
Tallahassee, Florida
Mr. Steve Siebert
Pinellas County Commissioner
Clearwater, Florida

Mr. David Orshefsky
Attorney
Environmental and Land Use Law
Fort Lauderdale, Florida

Ms. Denise Prescod
Member, St. Johns Water
Management District
Palatka, Florida

Dr. Richard Hamman
University of Florida Center for
Government Responsibility
Gainesville, Florida

Secretary Virginia Wetherell
Department of Environmental Protection
Tallahassee, Florida

Secretary Greg Farmer
Department of Commerce
Tallahassee, Florida

Mr. Jack Malloy
Attorney, A. Duda and Sons, Inc.
Ovieda, Florida

Mr. Dennis Moss
Member, South Florida Regional
Planning Council
Miami, Florida
Ms. Pam Akin
City Attorney
Tampa, Florida

Ms. Sue Dudley
Member, Southwest Florida
Regional Planning Council
Port Charlotte, Florida

Mr. Robert Rhodes
Attorney, Steel, Hector and Davis
Tallahassee, Florida

Secretary Linda Shelley
Department of Community Affairs
Tallahassee, Florida

Secretary Ben Watts
Department of Transportation
Tallahassee, Florida

Jake Varn
Attorney, Carlton Fields Law Firm
Tallahassee, Florida

Mr. Allan Milledge
Member, South Florida Water
Management District
West Palm Beach, Florida

Attachment A

Attachment B

* By November 1994, the water management districts will complete
and release drafts of the district water management plans, as
required by Chapter 17-40, F.A.C.

* In mid 1995, Regional Planning Councils will begin submitting
Strategic Regional Policy Plans, as required by Section
186.507, F.S.

* In late 1995, local governments will begin submitting their
evaluation and appraisal reports, as required by Section
163.3191, F.S.

* By October 1995, the State Comprehensive Plan will undergo a
comprehensive evaluation and rewrite by the Governor's Office,
including development of the growth management portion, as
required by Section 186.007(4)(b), F.S.

S By November 1995, the Department of Environmental Protection
will develop the Florida Water Plan, as required by Section
373.039, F.S.

S In 1996, local governments will begin submitting their
enhanced intergovernmental coordination elements of the local
government comprehensive plans, as required by Section
163.3177, F.S.