St. Johns River Water Management District

News Release

nr09-038

Board delegates permit approvals to executive director to comply with potential state law

PALATKA, Fla., June 9, 2009 - Preparing to comply with recent state legislation that may become law, the St. Johns River Water Management District's Governing Board today voted to delegate its authority to take final action on permit applications to the District executive director, or his designee, pending the legislation's ratification.

The Florida Legislature in its 2009 session approved an amendment to Chapter 373 of the Florida Statutes that includes changes to the process for final actions on permit applications submitted to Florida's water management districts.

The amendment states, in part: "The board shall delegate to the executive director all of its authority to take final action on permit applications under part II or part IV or petitions for variances or waivers, and the executive director may execute such delegated authority through designated staff ...However the board shall provide a process for referring any denial of such application or petition to the board to take final action. Such process shall expressly prohibit any member of a board from intervening in any manner during the review of an application prior to such application being referred to the board for final action."

"Senate Bill 2080 was passed by the Florida Legislature, which sets state policy. The District's responsibility is to carry out the state's policies," said Governing Board Chairwoman Susan Hughes. "We have heard concerns from some members of the public about the potential for less opportunity for public input, and we are developing an implementation strategy that provides meaningful avenues for the public to continue to have a voice in the permitting process."

Currently, about 87 percent of all permits are approved at the staff level at the St. Johns District. The remaining estimated 13 percent are considered by the Board.

Unless the governor vetoes the bill, it will become law and be effective on July 1. If it becomes law, permits that are recommended for approval at the July 14 Governing Board meeting will instead be considered by the executive director or his designee. Permits that are recommended for denial will continue to be considered by the Board.

If the governor vetoes the legislation, the Board's action today to delegate its permitting authority will be void.

For information, visit the District's Web site at www.sjrwmd.com/sb2080 .

- END -