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Florida Legislature should restore authority of water district governing boards to decide permitting issues

From TCPalm.com:

Senate Bill 2080, signed into law last year by Gov. Charlie Crist, was bad legislation and equally bad policy. The 2010 Legislature now has a chance to reverse course and restore proper authority to the governing boards of Florida’s five water management districts.

At issue is who should have the final say on permits allowing large development projects to use underground water. For years, this power had been entrusted to board members, who reviewed permit applications at their monthly meetings, solicited public input in an open forum and then decided to approve or deny the requests. This format ensured public participation in a very important process: determining who can use how much of one of Florida’s most precious resources — water.

But something changed last year. SB 2080 placed these decisions singularly in the hands of the water districts’ executive directors. Audubon of Florida and several environmental groups cried foul, as did many ordinary residents, who raised legitimate concerns about limiting public access and open discussion on issues that have substantial environmental and economic implications.

The governing boards, with input from taxpayers, should be making these decisions. Senate Bill 142, sponsored by Sen. Carey Baker, R-Eustis, would restore the authority of governing boards to have the last word on permitting issues.

Currently, state law requires a governing board to “delegate to the executive director all of its authority to take final action on permit applications.” Baker’s proposal, and a companion bill in the Florida House, would remove this requirement, effectually returning the decision-making authority to the governing boards.

Baker has a vested interest in restoring the original governance procedure. He was one of the co-authors of Senate Bill 2080, which was hijacked last year in the Florida House. Only after both chambers approved the bill did Baker realize an 11th-hour amendment had been added in the House establishing the final authority of executive directors to decide permitting issues.

Governing boards, not executive directors, should have the final word on large-scale water projects. The Legislature should pass Senate Bill 142 — and resist the temptation to amend the bill in the 11th hour.

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