Administration Commission Agenda

March 9, 1999

Approval of the minutes for the meeting held February 23, 1999.

2. DEPARTMENT OF CHILDREN AND FAMILIES. Request approval of

transfer of $91,656 in General Revenue appropriations as follows:

Transfer

(From)/To

1998­99

$

Assistant Secretary For Administration

Salaries and Benefits 88,737

Expenses 2,919

Office of the Secretary

Salaries and Benefits (88,737)

Expenses (2,919)

Transfers three positions from the Office of Internal Audit to the

administration office to perform reviews of contract providers and provide feedback to contract managers and external auditors to ensure compliance with section 20.055, Florida Statutes.

3. DEPARTMENT OF CHILDREN AND FAMILIES. Request approval of

transfer of $94,247 in General Revenue appropriations as follows:

Transfer

(From)/To

1998­99

$

Office of the Secretary

Salaries and Benefits (68,397)

Expenses (18,745)

Operating Capital Outlay (7,105)

Human Services Program Development

Salaries and Benefits 68,397

Expenses 18,745

Operating Capital Outlay 7,105

Realigns positions to the appropriate placement in the human services program development entity to strengthen the department's efforts to maximize federal earnings.

4. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES:

Request authorization to establish positions in excess of the number fixed by the

Legislature in accordance with 216.262(1)(a), F.S.

FTE in

Florida Highway Patrol Excess

POSITION TITLE

Law Enforcement Officer 5

To provide positions to comply with grant specifications provided by the Department of Transportation creating a motorcycle squad for Hillsborough and Pinellas Counties. The funding is 77 percent federal and 23 percent state.

5. JUSTICE ADMINISTRATION. Request approval of transfer of $150,000 in

General Revenue appropriations as follows:

Transfer
(From)/To
1998­99

$

Justice Administration Commission

CCR Conflict Cases (150,000)

Capital Collateral Regional Counsel­Northern

Expenses 150,000

To cover a projected deficit to allow the agency to continue litigation related to evidentiary hearings and post­conviction motions for the remainder of the fiscal year.

6. DEPARTMENT OF MANAGEMENT SERVICES. Request approval of

transfer of $26,515 in General Revenue appropriations as follows:

Transfer
(From)/To
1998/99

$

Division of Retirement

Disability Benefits ­ Justices & Judges 26,515

State Officers' and Employees' Noncontributory

Retirement Plan (26,515)

To cover a deficit resulting from an additional judge being added to the retired payroll based on a disability.

7. JUDICIAL BRANCH/ADMINISTERED FUNDS. Request approval of

transfer of $120,000 in General Revenue appropriations as follows:

Transfer
(From)/To
1998­99

$

Judicial Qualification Commission

Other Personal Services 120,000

Administered Funds

Deficiency Funds (120,000)

Provides for the transfer of funds to cover a projected deficit caused by unforseen high expenditures generated by three cases now being processed by the Judicial Qualification Commission.

8. ADMINISTRATION COMMISSION. Consideration of a Petition for Declaratory Statement filed by Helen LaCount. (AC Case No. DST­98­001)

On December 3, 1998, Helen LaCount filed a Petition for Declaratory Statement concerning the Hillsborough County School Board's application of procedural rules for qualified lay representatives in disciplinary proceedings. Ms. LaCount's Petition requests the Administration Commission declare whether disciplinary hearings, as such are conducted by the Hillsborough County School Board, are subject to the Administrative Procedure Act, Florida Administrative Code, Uniform Rules of Procedure.

Pursuant to section 120.565, F.S., any substantially affected person may seek a declaratory statement regarding an agency's opinion as to the applicability of a statutory provision, or of any rule or order of the agency, as it applies to the petitioner's particular set of circumstances.

RECOMMENDATION:

Authorize the Secretary to enter the Draft Final Order dismissing the petition due to lack of jurisdiction.

BACK­UP:

Helen LaCount's petition received on December 3, 1998.

Draft Final Order.

9. ADMINISTRATION COMMISSION. Consideration of the Department of Community Affairs' Recommendation to Extend the Florida Keys Area of Critical State Concern and Assessment of Progress Toward Work Program.

On March 20, 1998, the Department of Community Affairs (DCA) submitted an Assessment Report for the Florida Keys Area of Critical State Concern (ACSC). The report includes the Department's 1998­99 Annual Designation Report as well as reports prepared by DCA, Monroe County and the Village of Islamorada detailing the progress made toward achieving objectives set forth by Administration Commission Rule 28­20.100, F.A.C., relating to the Monroe County Comprehensive Plan Five Year Work Program.

Pursuant to section 380.0552(4), F.S., the DCA must make a recommendation annually to the Administration Commission regarding the removal of the ACSC designation from the Florida Keys Area. In order to remove the designation, the DCA must determine that all local land development regulations and local comprehensive plans and the administration of such plans are: (1) adequate to protect the Florida Keys Area and continue to carry out the legislative intent incorporated in section 380.0552(2), F.S., and (2) in compliance with the Principles for Guiding Development incorporated in section 380.0552(7), F.S. In 1997, the Administration Commission extended the ACSC designation for the Florida Keys for another year. The DCA recommends that the Administration Commission extend the ACSC designation for the Florida Keys Area for an additional year.

The Administration Commission adopted Rule 28­20.100, F.A.C., which incorporated Policy 101.2.13 into the Monroe County Comprehensive Plan setting out a requirement for an interim Permit Allocation System, and included a Five Year Work Program. The policy directs Monroe County and the DCA to report to the Commission annually on the degree to which the work program objectives are being achieved. In addition to the DCA report and the County's report, the policy provides that interested persons may report and make recommendations to the Commission for consideration. Separate written comments were received from the World Wildlife Fund and the Key Deer Protection Alliance, Inc., and collective written comments were submitted by the Big Pine Key Civic Association, the Florida Keys Environmental Fund, the Izaak Walton League of the Florida Keys, the Key Deer Protection Alliance, Save Our Keys, the Upper Keys Citizens Association and 1000 Friends of Florida.

The Commission must consider the findings and recommendations provided in the reports, as well as comments from interested parties, and determine whether substantial progress has been achieved toward accomplishing the overall objectives of the Five Year Work Program. If the Commission determines that substantial progress has not been achieved, the Commission, in accordance with Rule 28­20.100, F.A.C., shall reduce the unit cap for new residential development by at least 20 percent for the following year. A 20 percent reduction would reduce the unit cap for new residential development from 255 to 204.

On September 10, 1998, the DCA submitted an Update to the Annual Status Report for the Florida Keys ACSC. Consideration of the first year assessment report was deferred on September 23, 1998, due to Hurricane Georges. On January 21, 1999, the DCA submitted its year two assessment report. The report includes the Department's January 1999 Annual Designation Report as well as reports prepared by DCA, Monroe County, and the Village of Islamorada detailing the progress made toward achieving objectives set forth by Administration Commission Rule 28­20.100, F.A.C., relating to the Monroe County Comprehensive Plan Five Year Work Program.

RECOMMENDATION:

(1) Extend the Area of Critical State Concern designation for the Florida Keys for the next year.

(2) Determine that substantial progress toward the overall objectives of the work program has not been achieved, reduce the total number of residential units that could be developed over the next year by 20 percent (from 255 to 204), and initiate the rulemaking process to amend the work program to refocus efforts to improve water quality based on preliminary findings of the wastewater master plan. Efforts would be to identify areas that have high concentrations of nutrients in the nearshore waters (known as Hot Spots), and begin replacing or retrofitting existing septic systems in these areas as the priority. The rule amendments would also adjust the work plan schedule to more accurately reflect current status of implementation of the comprehensive plan.

(3) Do not impose sanctions pursuant to section 163.3184, F.S., however, continue to retain jurisdiction over this matter.

(4) Adopt a resolution supporting federal legislation designed to provide financial assistance to assist with restoration efforts in the Florida Keys, and requesting financial assistance in the federal fiscal year 2000 budget.

(5) Adopt a resolution supporting state legislation to establish adequate standards for wastewater treatment facilities in the Florida Keys, and a toll on U.S. 1, the proceeds to be used for land acquisition, wastewater and stormwater infrastructure, and highway improvements.

BACK­UP:

DCA's Year One Assessment Report dated March 20, 1998, for the Florida Keys ACSC. (Distributed with the April 28, 1998, agenda package.)

Written comments received from the World Wildlife Fund on April 13, 1998. (Distributed with the April 28, 1998, agenda package.)

Written comments received from the Key Deer Protection Alliance, Inc., on April 15, 1998. (Distributed with the April 28, 1998, agenda package.)

Written comments received from the Big Pine Key Civic Association, the Florida Keys Environmental Fund, the Izaak Walton League of the Florida Keys, the Key Deer Protection Alliance, Save Our Keys, and the Upper Keys Citizens Association on April 15, 1998. (Distributed with the April 28, 1998, agenda package.)

Written comments received from 1000 Friends of Florida received on September 10, 1998. (Distributed with the September 23, 1998, agenda package.)

DCA's Update to the Annual Status Report for the Florida Keys ACSC received on September 10, 1998. (Distributed with the September 23, 1998, agenda package.)

DCA's January 1999, Year Two, Assessment Report for the Florida Keys ACSC.

Administration Commission Staff Analysis and Recommendation. (Proposed Rule Amendments will be distributed separately.)