ADMINISTRATION COMMISSION AGENDA March 12, 1996 1. Approval of the minutes of the meeting held February 27, 1996. (Recommend) 2. DEPARTMENT OF REVENUE. Request authorization to establish 37.0 positions in excess of the number fixed by the Legislature as follows: 216.262(1)(a) FTE Florida Statutes 50% State Funding 50% Federal Funding Department of Revenue Word Processor Systems Operator 5.0 Child Support Enforcement Case Analyst 27.0 Child Support Enforcement Analyst Supervisor 5.0 37.0 (Recommend) (Provides for the establishment of positions in excess of the number appropriated for the welfare reform Family Transition Program. Funds to support these positions were appropriated in lump sum appropriation #493 in the 1995-96 General Appropriations Act.) 3. JUSTICE ADMINISTRATION COMMISSION. Request approval of transfer of $40,000 in General Revenue appropriations as follows: Transfer (From)/To 1995-96 $ Public Defender, 11th Circuit Salaries and Benefits (40,000) Operating Capital Outlay 40,000 (Recommend) (Enables the Public Defender, 11th Circuit, to replace their main copier with a Xerox 9900.) 4. FLORIDA DEPARTMENT OF LAW ENFORCEMENT. Request authorization to establish 4.0 positions in excess of the number fixed by the Legislature as follows: 216.262(1)(a) FTE Florida Statutes 100% Federal Funding Distributed Computer Systems Analyst 3.0 Distributed Computer Systems Administrator 1.0 4.0 (Recommend) (Provides positions for the development , implementation and design of a statewide frame relay network to be used by criminal justice agencies.) 5. DEPARTMENT OF TRANSPORTATION. Request approval of transfer of $95,000 in Fixed Capital Outlay appropriations as follows: Transfer (From)/To 1995-96 $ District Operations Addition-Construction Office-Clearwater (95,000) Remodel and Expand maintenance Supervisor Building-Pinellas 95,000 (Recommend) (Realigns budget between two FY 1991-92 FCO projects in District 7.) 6. ADMINISTRATION COMMISSION. Request consideration of a Mandate and Opinion filed by the First District Court of Appeal reversing and remanding the case of Department of Community Affairs and 1000 Friends of Florida and Bob White vs. Walton County and St. Joe Paper Company, Susan S. Myers, and Russell D. Aldrich for further consistent proceedings. (AC Case No. ACC-92-026) On November 4, 1992 the Administration Commission entered a Final Order finding Walton County's Comprehensive Plan not in compliance with the requirements of Chapter 163, F.S., and Rule 9J-5 of the Florida Administrative Code and inconsistent with the State Comprehensive Plan, Chapter 187, F.S. On appeal, the First District Court of Appeal overturned the Administration Commission Final Order. The District Court's Opinion issued on June 12, 1995 found that 1000 Friends of Florida should not have been allowed to participate as an intervenor, and that the intervention was a material error in procedure which may have impaired the fairness of the proceeding. The District Court issued a Mandate on August 11, 1995 setting aside the Commission's Final Order and remanding the proceeding for further proceedings. In response to the District Court Mandate and Opinion, the Supreme Court was petitioned for review. On January 12, 1996 the Supreme Court declined accepting jurisdiction and denied the Petition for Review. RECOMMENDATION: Authorize the Secretary to enter the Draft Order of Remand vacating Final Order AC-92-043 and remanding the proceeding to the Division of Administrative Hearings for further consistent proceedings. BACK-UP: First District Court of Appeal Mandate and Opinion received on August 15, 1995. Supreme Court of Florida's Order received on January 23, 1996. Draft Order of Remand. (To be distributed separately.) 7. ADMINISTRATION COMMISSION. Request consideration of a Status Report by the Department of Community Affairs on the Florida Keys Protection Act and Recommendation to Extend the Area of Critical State Concern designation for the Florida Keys Area. Pursuant to section 380.0552(4), F.S., the Department of Community Affairs (DCA) must make a recommendation to the Administration Commission regarding the removal of the Area of Critical State Concern 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 subsection 380.0552(2), F.S.; and (2) in compliance with the Principles for Guiding Development incorporated in section 380.0552(7), F.S. On December 13, 1994 the Administration Commission extended the Area of Critical State Concern designation for the Florida Keys Area for another year. On January 11, 1996 the DCA submitted its recommendation to the Administration Commission that the Area of Critical State Concern designation for the Florida Keys Area must be extended for an additional year. This recommendation is based on DCA's conclusion that the statutory requirements have not been met. RECOMMENDATION: Accept the Department of Community Affairs' recommendation and extend the Area of Critical State designation for the Florida Keys Area for another year. BACK-UP: DCA's Status Report and Recommendation for the Florida Keys Area of Critical State Concern designation received on January 11, 1996. DCA's letter to the Monroe County Commissioners regarding the Monroe County Dock Appeals dated October 18, 1994. 8. ADMINISTRATION COMMISSION. Request further consideration of proposed rule adopting remedial amendments to the Monroe County Comprehensive Plan to be deferred to a date certain. (AC Case No. ACC-95-024) On December 12, 1995 the Administration Commission entered a Final Order in the Monroe County Comprehensive Plan proceeding. The Final Order found Monroe County's comprehensive plan not in compliance and adopted the Recommended Order of the Hearing Officer, with few exceptions. Additionally, the Final Order set forth remedial actions necessary to bring the plan into compliance. The Final Order directed the Secretary of the Commission to notice a proposed rule which would amend Monroe County's comprehensive plan by adopting those policies necessary to bring the plan into compliance. Proposed amendments to Rule 28-20.100, F.A.C., were published in the Florida Administrative Weekly (FAW) on December 29, 1995. On February 27, 1996 staff recommended the Commission withdraw the proposed rule and publish a new rule that incorporated substantial changes as a result of the public hearing process. The Commission directed staff to withdraw the rule published in the FAW on December 29, 1995 and deferred further consideration of this matter. RECOMMENDATION: Request the Board of Trustees of the Internal Improvement Trust Fund to authorize the Department of Environmental Protection to aggressively purchase land within Monroe County CARL Projects utilizing appraisals based on land use regulations in effect as of January 1, 1996. Defer further consideration of this item to a date certain. (A recommendation providing the date certain will be distributed separately.) BACK-UP: Facilitators' Final Report dated February 9, 1996. (Distributed to Cabinet Aides February 16, 1996.) Summary of Public Hearing and written comments. (Distributed to Cabinet Aides February 21, 1996.) Monroe County Comprehensive Plan Policies Discussion Document. (Distributed to Cabinet Aides February 21, 1996.) Proposed rule. (Proposed rule and amendments will be consolidated and distributed separately.)